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1988/08/07 Mobile Home Park Rent Appeals Board ResolutionRESOLUTION NO. 88 -05 A RESOLUTION OF THE ROHNERT PARK RENT APPEALS BOARD ADOPTING THE ATTACHED BYLAWS AS THE OFFICIAL BYLAWS OF THE ROHNERT PARK RENT APPEALS BOARD WHEREAS, the, ROHNERT PARK RENT APPEALS BOARD has caused Bylaws to be prepared for adoption by the BOARD; and WHEREAS, a copy of the aforesaid Bylaws is attached to this Resolution and is incorporated herein by this reference. NOW THEREFORE, BE IT RESOLVED by the Rohnert Park Rent Appeals Board that the Bylaws of the Rohnert Park Rent Appeals Board as attached to this Resolution be and the same are hereby adopted as the official Bylaws of the ROHNERT PARK RENT APPEALS BOARD. DULY AND REGULARLY PASSED AND ADOPTED BY THE ROHNERT PARK RENT APPEALS BOARD this 7th day of April, 1988. AYES: Kohler, Militello and Chairman Smith ABSENT: Paulson and Jones NOES: (0) None , 7 APPROVED: '1 �1 Secretary Chairman my K BYLAWS OF THE ROHNERT PARK RENT APPEALS BOARD Procedural Rules and Bylaws for Conducting Public Meeting Rohnert Park Rent Appeals Board Adopted April 7, 1988 BYLAWS OF THE ROHNERT PARK RENT APPEALS BOARD ARTICLE I PURPOSE Section 1. Purpose of Bylaws. The purpose of these bylaws is to provide guidelines and rules of conduct and operation for the Rohnert Park Rent Appeals Board, hereinafter referred to as the "Board." ARTICLE II ORGANIZATION Section 2. Board Membership. In accordance with Rohnert Park City Ordinance No. 494, the Board consists of five (5) commissioners. The Commissioners shall be appointed by the Rohnert Park City Council, hereinafter referred to as the "Council." (Ordinance No. 494, §3, subsections A. & D.). ARTICLE III MEETINGS Section 3. Board Membership, Eligibility. Members of the Board shall be duly qualified electors of the City of Rohnert Park, hereinafter referred to as the "City." (Ordinance No. 494, §3, subsection B.). Section 4. Vacancies on the Board. Vacancies on the Board shall be filled by the Council. (Ordinance No. 494, §3, subsection L ) . Section 5. Regular Meetings of the Board. There shall be two regular meetings of the Board each month on the first Thursday of the month commencing at 2:00 o'clock p.m. and on the third Thursday of the month, commencing at 7:00 o'clock p. m. All meetings shall be open to the public. In the event there is no agenda and no business to be transacted at a regular meeting, the regular meeting scheduled for that date shall be continued to the next regular meeting date. (Ordinance No. 494, §3, subsection H, Government Code §54954). Section 6. Special Meetings of the Board. Special meetings of the Board may be called at the request of no less than two (2) commissioners. (Ordinance No. 494, §3, subsection H.). Section 7. Meetings Open to Public. All meetings shall be open to the public. (Ordinance No. 494, §3, subsection H, Government code §554953). 1 Section 8. Order of Business of Board. The order of business of the Board shall be: Call to Order, Pledge of Allegiance Roll Call Approval of Minutes Adding Non - Agendaed Items (if any) Unscheduled Public Appearances (if any) Communications (if any) Staff Reports (if any) Resolutions for Adoption (if any) Other Items for Discussion Matters from Board Members Adjournment Section 9. Posting of Agenda. At least 72 hours before a regular meeting, the Board, the Secretary to the Board or some other designee of the Board shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting. The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public. No action shall be taken on any item not appearing on the agenda unless the Board determines: (1) That an emergency exists by a majority vote of the Board. For the purpose of this section an emergency situation is: (a) A work stoppage or other activity which severely impairs public health, safety, or both, as determined by a majority of the members of the legislative body; or (b) A crippling disaster which severely impairs public health, safety, or both, as determined by a majority of the Board. or (2) that the need to take action arose subsequent to the posting of the agenda as above provided. Such a determination must be made by a two - thirds vote of the Board. If less than two - thirds of the Board is present, then the determination must be made by the unanimous vote of all Commissioners present. 2 or (3) That the item on the agenda was posted in accordance with the first paragraph of this section for a previous meeting of the Board occurring not more than five (5) calendar days before the date action is taken on the item and at the previous meeting the item was continued to the meeting at which the action is being taken. (Government Code §54954.2). Section 10. Meetings, Rules of Procedure. The rules of parliamentary procedure as set forth in Robert's Rules of Order shall govern all meetings of the Board, except as otherwise provided in these bylaws. Section 11. Meetings, Conduct. The Board shall assure the right of the public to a fair and impartial public hearing and shall maintain the dignity and personal integrity of all who participate. Personal abuse of any meeting participant shall not be tolerated by the Board. Section 12. Meetings, Procedure. The Chairperson shall require that parliamentary procedures be adhered to by all who wish to be heard. During the course of the hearing, Commissioners, staff members, proponents, opponents, and other interested persons shall direct all questions through the Chairperson. Direct questioning of witnesses may be allowed at the discretion of the Chairperson. The Chairperson shall recognize and accept testimony from all who wish to be heard. Repetitious and irrelevant testimony shall not be accepted. Reading of repetitious letters and petitions shall not be permitted. Such documents may be filed with the Secretary so that the record shall show the names of the persons supporting or opposing an application. Speakers may be limited at the time of presentation. Section 13. Meetings, Representation of Parties. The real parties in interest, including the applicant or any party having a substantial interest in the hearing, may be represented by counsel or a spokesperson. Section 14. Meetings, Exhibits. All exhibits, documents or other physical evidence used by the applicant or other interested parties and determined to be necessary and required shall become part of the record and retained by the Board. Supplementary evidence shall be returned after the decision becomes final. Section 15. Meetings, Sworn Testimony. Witnesses need not be be sworn. The Chairperson may request that witnesses be sworn in cases where the Board finds it necessary or appropriate. Each 3 witness shall be required to approach the microphone and give his full name and address for the record before testifying. Section 16. Meetings, Cross - Examination. The Board shall retain the right to cross - examine witnesses. If others present wish to ask questions of any witness, such questions should be directed through the Chairperson. The Chairperson may use his /her discretion in allowing such questioning. Section 17. Notification, Regular Meetings Each Commissioner shall be notified of the time and place of each regular meeting. Said notice shall be given by the Secretary and shall be served in writing, mailed to the last known address of each member and deposited in the post office at least five days prior to the day appointed for the meeting. Section 18. Notification, Special Meetings (a) Each Commissioner shall be notified of the time, place and purpose of each special meeting. Said notice shall be given by the Secretary and shall be served personally or in writing at least twenty -four hours before the time appointed for such meeting. (b) Notice shall also be given to the newspaper(s) of general circulation, in all instances, and other media which have requested notice, in writing, such notification to be given at least 24 hours prior to the meeting. No business shall be transacted at any special meeting other than that named in the call therefor. (Government Code §54956). Section 19. Adjournment of meetings and hearings. The Board may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment. If all Commissioners are absent from any regular or adjourned regular meeting the clerk or secretary of the Board may declare the meeting adjourned to a stated time and place and shall cause a written notice of the adjournment to be given in the same manner as provided in Section 18 for special meetings. A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the regular, adjourned regular, special or adjourned special meeting was held within 24 hours after the time of the adjournment. When a regular or adjourned regular meeting is adjourned as provided in this section, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to held, it shall be held at the hour specified for regular meetings by Board bylaw. (Government Code §54955). Section 20. Continuance of meeting or hearing. Any hearing being held, or noticed or ordered to be held, by the Board at any meeting may by order or notice of continuance be continued or recontinued to any subsequent meeting of the Board in the same manner and to the same extent set forth in Section 19 for the 4 adjournment of meetings; provided, that if the hearing is continued to a time less than 24 hours after the time specified in the order or notice of hearing, a copy of the order or notice of continuance of hearing shall be posted immediately following the meeting at which the order or declaration of continuance was adopted or made. (Government Code §54955.1). Section 21. Quorum Three (3) Commissioners shall constitute a quorum of the Board. In the event an insufficient number of Commissioners are present to constitute a quorum, the regular meeting of the Board shall be continued to the next regular meeting unless a special meeting is called before the next regularly scheduled meeting. (Ordinance No. 494, §3, subsection I.). Section 22. Votes required for a decision. The affirmative vote of three (3) Commissioners is required for a decision, including but not limited to motions, regulations and orders of the Board. (Ordinance No. 494, §3, subsection J.). Section 23. State Laws. All provisions of the Government Code (including Sections 54950 et.seq., the Ralph M. Brown Act) shall be followed in the scheduling, notification and conduct of all meetings of the Board. (Ordinance No. 494, §3, subsection H. Government Code §54950, et. seq.) ARTICLE IV OFFICERS AND COMMITTEES Section 24. Officers. The officers of the Board shall be a Chairperson and a vice - chairperson. The Chairperson and the vice - chairperson shall be elected annually by the Board. The Chairperson shall preside at all meetings of the Board during his or her term of office. (Ordinance No. 494, §3, subsection A.). Section 25. Term of Office. Commissioners shall hold office for a term of two (2) years from the date of appointment by the Council. No Commissioner shall serve more than two (2) full terms, i.e., four (4) years. (Ordinance No. 494, §3, subsection E.) . Section 26. Duties of Officers. The Chairperson selected annually by the Commissioners shall preside over the meeting(s). In the event the Chairperson is unable to preside at the meeting, the vice - chairperson selected by the Commissioners shall preside. The Secretary to the Board shall perform the duties required by law, and he /she shall keep a true and complete record of the proceedings of the Board and shall have charge of all books and documents, and papers which properly belong to his /her office, or to the Board. The secretary shall also maintain and keep in his 5 or her office all hearing dockets. (Ordinance No. 494, §3, subsections K & M.). 6