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Bylaws BY-LAWS OF THE PLANNING COMMISSION OF THE CITY OF SALINA, KANSAS Adopted April 5, 1977 Amended September 20, 1977 Amended October 16, 1979 Amended February 19, 1985 Amended March 1, 1988 Amended November 8, 1988 Amended November 19, 1991 Amended August 15, 1995 Amended April 2, 1996 Amended December 3, 1997 ARTICLE I - NAME AND AUTHORITY Sec.1. Name. The name of this organization shall be known as the Salina City Planning Commission. (Hereinafter, it shall be called the Commission.) Sec. 2. Authority. The Salina City Planning Commission is established by Ordinance #8348 of the Board of Commissioners of the City of Salina, Kansas, pursuant to authority of Kansas Statutes Annotated 12-741 et. seq. ARTICLE II - POWERS AND DUTIES Sec. 1. The Commission shall be vested with all powers and duties available to it as specified in Article 7, Chapter 12, of Kansas Statutes Annotated and all amendments thereto. Sec. 2. Specifically, the Commission shall: A. cause plans to be prepared for the City of Salina and such other areas which, in the opinion of the Commission, forms the total community; B. hold public hearings as provided by law; C. make and recommend policy to the City Commission in areas of physical and social development; D. adopt such regulations and rules as may be provided by law; E. recommend on and provide plans for such other matters as may be of interest to the public and the Governing Body. ARTICLE III - MEMBERS Sec. 1. Composition. The Planning Commission membership shall be as provided in Ordinance #8348. Sec. 2. Term of Office. The term of office of each member shall be for three (3) years and until a successor is appointed and qualified. Sec. 3. VotinQ. At all meetings of the Planning Commission, each member attending shall be entitled to cast one (1) vote. All members present shall cast either an affirmative or negative vote unless he has vacated his seat because of a conflict of interest. Voting shall be by voice or by roll call as determined by the Chairman. The affirmative vote of at least three (3) members shall be required for adoption of any item of business. In the event that an item of business receives a majority of the votes cast, but such majority does not consist of the three vote minimum required, such item shall be tabled until the next regular Commission meeting. The number of votes cast for and against each motion shall be recorded in the minutes. Sec. 4. Conflict of Interest. A member of the Planning Commission shall not participate in any proceeding or action when the member or his or her employer, business partner, associate, or any person related to him or her by blood or marriage has a recognizable financial interest in the outcome of the proceeding or action. Any recognizable financial interest in the outcome of any proceeding shall be disclosed at or before the meeting at which the action is being heard or considered. No member of the Planning Commission shall appear for or represent any person, firm, corporation or entity in any matter pending before the Commission, unless the member is representing him or herself as owner of the subject property. Any member of the Commission who feels that he or she has a conflict of interest (as defined in this section) on any matter that is on the Commission's agenda shall explain the nature of such conflict, voluntarily vacate his or her seat and leave the meeting room. Any member may raise the question of conflict of interest or possible conflict of interest with respect to any other member present. The question raised must be decided by majority vote of the members present. Sec. 5. Absences. Whenever a member misses three (3) consecutive meetings or his or her attendance falls below 75% in a twelve month period, the Secretary shall so notify the Mayor of the City of Salina. The Commission shall recommend to the City Commission replacement of any member who has four (4) consecutive absences from regular meetings. Sec. 6. Vacancies. Any vacancy resulting from resignation, removal, or death of a member serving as Chairman, shall cause the Vice-Chairman to automatically assume the position of Chairman and a new Vice-Chairman shall be elected. 2 ARTICLE IV - OFFICERS Sec.1. The officers of the Planning Commission shall be Chairman, Vice-Chairman, and Secretary. Sec. 2. The Chairman and Vice-Chairman shall be elected at the annual meeting and shall serve for a term of one (1) year, or until their successors are elected. Any member nominated for the office of Chairman shall have at least one (1) full year of unexpired term to serve. Sec. 3. The Director of Planning shall serve as Secretary, and he may appoint a staff member as Assistant Secretary. Sec. 4. Any vacancy of office shall be filled by election for the remainder of the normal term. Sec. 5. No person shall be eligible to hold the office of Chairman or Vice-Chairman for more than two (2) full, consecutive one-year terms. ARTICLE V - DUTIES OF OFFICERS Sec. 1. Chairman. The Chairman shall preside at all meetings of the Commission and shall be eligible to vote on all matters coming before the Commission. He shall appoint all committees and is responsible for conducting all meetings in an orderly manner. The Chairman shall sign all resolutions and other approved records, papers, and documents of the Commission. Sec. 2. Vice-Chairman. The Vice-Chairman shall perform all the duties and assume all the responsibilities of the Chairman in his absence. Sec. 3. Secretary. The Secretary shall keep accurate records of all proceedings of the Commission. He shall be responsible for issuing all necessary correspondence, notices, and agendas. He shall be responsible for compiling reports and keeping attendance records. The Secretary is hereby designated as the "official agent" for the Commission in handling all federal, state, and local contracts and agreements. The Secretary, or his designated appointee, shall present Commission actions and recommendations to the Governing Body. The Secretary shall sign and note approval of the minutes of the Commission and shall, when required by law, authenticate the signature of the Chairman. Sec. 4. Assistant Secretary. In the absence of the Secretary, the Assistant Secretary shall act in the manner and capacity as Secretary. 3 ARTICLE VI - MEETINGS Sec. I. ReQular MeetinQs. Regular meetings of the Commission shall be held on the first and third Tuesday of each month, unless such date is a legal holiday, in which case no meeting will be held. Unless otherwise publicly announced by the Chairman, all meetings shall be held in the City Commission Room, Room 107, City-County Building, 300 West Ash Street, Salina, Kansas beginning at 4:00 P.M. Any such change shall be given public notice for the convenience of persons having business before the Commission. Sec. 2. AQenda. The Secretary, or other authorized officer, shall prepare an agenda of all matters to come before the Commission no later than the Thursday preceding the next regular meeting. All requests for inclusion on the agenda must be made known to the Secretary by 5:00 P.M. on the Wednesday preceding the next regular meeting. Off-agenda items may be considered with the approval of the majority of the members present. Sec. 3. Special Meetinqs. Special meetings may be called by the Chairman, or in his absence, the Vice-Chairman, or upon written request of any three (3) members of the Commission. Notice received by letter or phone by Commission members and the news media 24 hours prior to the scheduled time shall be considered ample notice. Sec. 4. Annual MeetinQ. The first regular meeting of the month of September of each year shall be designated as the annual meeting, at which time officers for the following twelve months shall be elected. Sec. 5. Quorum. A quorum shall consist of a majority of the members of the Commission appointed and qualified at any given time. In the absence of a quorum at any meeting, the presiding officer may adjourn the meeting to a specific time, date, and place, which shall be publicly announced. Sec. 6. Open MeetinQs. All meetings of the Commission shall be open to the public and to attendance by representatives of the news media. Sec. 7. Public HearinQs. The public shall be invited to speak on any item under consideration by the Commission. Each speaker shall be required to state their name and address for purposes of maintaining a record of the hearing. Upon introduction of an item by the Chairman, the general order of presentation shall be as follows: a) Brief report by planning staff. b) Comments by the applicant and/or applicant's representative. c) Comments by interested citizens. d) Additional comments by participants. e) Discussion and action by Commission. 4 Before any action by the Commission, all interested parties shall be given an opportunity to be heard. Sec. 8. Minutes Available To Public. The Secretary shall prepare and maintain permanent minutes to be kept available for public view and use. ARTICLE VII - COMMITTEES The Chairman shall appoint committees as may be deemed necessary to carry on the work of the Commission. ARTICLE VIII - ANNUAL REPORT The Secretary shall prepare an annual report for review and approval by the Commission indicating accomplishments in the prior year, goals, needs and concerns. Said report shall be submitted to the City Commission by January 31 of each year. ARTICLE IX - PARLIAMENTARY AUTHORITY The rules contained in Robert's Rules of Order Newly Revised shall govern the Commission in all cases to which they are applicable, and in which they are not inconsistent with these Bylaws. ARTICLE X - AMENDMENTS These Bylaws may be amended at any regular meeting of the Commission by a two-thirds (2/3) vote of the members present and voting, provided that any proposed amendment has been submitted in writing at the previous regular meeting. Adopted by the Salina City Planning Commission this 3rd day of December, 1997. Dana Morse, Chairman 5