2014/08/07 Mobile Home Park Rent Appeals Board Bylaws
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
Amended 12/2/93 Res. 93-07 Section 5
Amended 4/20/95 Res. 95-01 Section2.5
Amended 9/27/96 Res. 96-07 Section 5
Amended 3/6/14 Res. 14-01 Section 5
Amended 8/7/14 Res. 14-02 Section 8
BYLAWS 1 ROHNERT PARK RENT APPEALS BOARD
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." (Municipal Code 9.70.030.A. and D.)
Section 4 - Vacancies on the Board. Vacancies on the Board shall be filled by the Council.
(Municipal Code 9.70.030.L.)
Section 5 – Regular Meetings of the Board. There shall be one regular meeting of the Board each
month on the first Thursday of the month commencing at 6:00 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. 622; Municipal code 9.70.030.H; Government Code Section
54954.) [Res. 96-07: Res. 93-07: Res. 2014-01]
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. (Municipal code 9.70.030.H.)
Section 7 --Meetings Open to Public. All meetings shall be open to the public. (Municipal Code
9.70.030.H.; Government Code Section 54953.)
Section 8 – Order of Business of the Board. The order of business of the Board shall be:
Call to Order
Pledge of Allegiance
Roll Call
Ackowledgement of Posting of Agenda
Public Comment (on items not on the agenda)
Consent Calendar
Agenda Items
Items from the Board
Items from Staff
Second Public Comment Period (on items not on the agenda)
Adjournment
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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 i n 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:
(l) 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.
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 Section 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 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 - Meeting, 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
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not be accepted. Reading of repetitious letter 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 sworn. The Chairperson may
request that witnesses be sworn in cases where the Board finds it necessary or appropriate. Each
witness shall be required to approach the microphone and give his/her 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 other 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 l7 - 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 (24) 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
twenty-four (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 Section 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 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 twenty-four (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 a
order of adjournment any meeting fails to state the hour at which the adjourned meeting is to be
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held' it shall be held at the hour specified for regular meetings by Board bylaw. (Government
Code Section 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 to
any subsequent meeting of the Board in the same manner and to the same extent set forth in
Section 19 for the 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 Section 54955.I)
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 unless a special meeting is called
before the next regularly scheduled meeting. (Municipal Code 9.70.030.1)
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.
(Municipal Code 9.70.030.J.)
Section 23 - State Laws. All provisions of the Government Code (including Sections 54950 et
seq., the Ralph W' Brown Act) shall be followed in the scheduling, notification and conduct of
all meetings of the Board. (Municipal Code 9.70.030.H.; Government Code Section 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.
(Municipal Code 9.70.030.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. There shall be no limitation on the number of terms a
commissioner may serve. (Ordinance No. 599; Municipal Code 9.70.030.E.; Government Code
Section 54954.) [Res. 95-01]
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
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shall also maintain and keep in his or her office all hearing dockets. (Municipal Code
9.70.030.K. and M.)