Bylaw Blueprint
Bylaws are the blueprint of Community Councils.
Bylaws, as the name implies, are the laws of an organization or Community Council. They provide the rules and operation of Council – the blueprint. This often includes the amount of officers, rules of membership, elections, and voting. Bylaws should not contradict federal, state, or local laws; in the case of Community Councils, they must comply with Anchorage Municipal Code 2.40. Bylaws should provide an outline for governance and allow flexibility as the organization grows. They should be regularly reviewed, approximately every 4 to 5 years, by a governance committee and approved by the full membership.
Assembly & Municipal Code 2.40
Community Councils are recognized in the Anchorage Home Rule Charter and in Municipal Code. Anchorage Municipal Code 2.40 includes the purpose, responsibilities, relationships, and sample bylaws for Community Councils. The Assembly is responsible for the recognition of Councils and ensuring Council bylaws follow code.
While sample bylaws are provided within code, there are 14 things that Councils are required to have within their bylaws.
- Definition of the boundaries of the community council as set forth in section 2.40.040D and 2.40.090; identification of boundaries by code reference and associated map number under section 2.40.040 is sufficient and preferred.
- Definition and eligibility for community council membership consistent with affording residents maximum community involvement and self-determination under the charter and meeting the requirements of this chapter.
- Regular meetings of the council at least four times in a calendar year and at least once each calendar quarter; special meetings at the call of designated officers or executive board members, and by petition from a designated number of council members, to address community council business, including the accommodation of community council responsibilities under municipal code section 21.03.020.C.
- The election of officers, term of service, and the designation of an executive board to receive notice and conduct the business of the council between meetings. Community council officers and executive board members with financial or fiduciary responsibility must be 18 years of age or older at the time of service. A community council, in its discretion, may designate non-fiduciary and non-signatory roles to younger members for leadership training, and may extend voting eligibility to residents 16 years of age and older in the adoption of community council bylaws.
- The duties and responsibilities of officers, their removal or replacement when a vacancy occurs, and criteria for eligibility to hold an office with the council.
- A record shall be made by minutes or an electronic recording of all regular and special meetings. Upon request, the record will be made available within a reasonable time determined by the community council.
- The management of the council’s finances including regular status reports and an annual report to the council members on the council’s finances or a compilation of treasurer’s reports.
- The dissolution of the council, and for the disposition of the council’s property upon dissolution.
- That the latest edition of Robert’s Rules of Order, Revised, shall apply in all instances, matters, and proceedings not covered by the bylaws.
- Procedures for amending the bylaws.
- Meeting and member attendance rosters shall be used only for council business.
- Eligibility to vote.
- Community council bylaws may require prior attendance at one community council meeting in the preceding 12 months as a prerequisite to voting eligibility. For the election of officers and executive board members, community council bylaws may require prior attendance at one but no more than two community council meetings in the preceding 12 months prior to election. Prior attendance is demonstrated by the meeting and member attendance roster. Bylaws shall not otherwise restrict eligibility to vote by members in attendance.
- Only one vote shall be granted to any member: Each resident, non-resident property owner, business, and non-profit organization shall have one vote. If a person meets the qualification of member in more than one category or for more than one property, the member shall have one vote.
- Conflict of interest. Community councils shall not endorse a candidate for federal, state or municipal elected office.
- The community council shall not charge dues, or require other financial contribution as a condition of membership or participation. A community council may receive gifts, grants, contributions, or in-kind donations from members or others to meet the costs of its operations, including voluntary dues, provided that membership, participation, and voting privileges shall not be predicated upon payment.
Submitting New Bylaws
After passing presenting and passing bylaw changes with 2/3rd approval of the membership, the Assembly must be updated with new bylaws.
Email full updated draft bylaws with change to the below organizations. Note: The draft document should reflect the changes, but they do not have to be marked up.
The following steps will be taken by the Muni:
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- The Clerk’s Office will send the document to the Municipal Ombudsman for review.
- The Ombudsman will review the document for conformity with Municipal Code, Chapter 2.40 – Community Councils.
- After the review, the Ombudsman will advise the Clerk’s Office and the Council of their determination and recommendation.
- If the Ombudsman determines that the bylaws are nonconforming, the Ombudsman will inform the Council and the Clerk’s Office regarding the nonconforming elements of the documents.
- If the document is determined to be conforming and the recommendation is acceptance, the Clerk’s Office will submit the bylaws to the Assembly for acceptance. They will go through the Assembly process and be finalized when accepted by the Assembly.
Bylaws are not official until they are approved by the Assembly and in the official record.
When possible, include on your correspondence so that your Council website and internal files has all draft and accepted versions of the updated bylaws. The Clerk’s Office and the FCC keep records of Community Council bylaws.
Unique Bylaws to Consider
Each Community Council has flexibility to create bylaws that suit their Council culture.
Here are some ideas to consider for your next Council bylaw update.
Membership can start at 16 years, which is a great way to recruit the next generation of neighborhood engagement.
Example: “Any person 16 years of age or older whose primary place of abode is within the Council’s geographical boundaries is eligible for membership.”
Creating a board of Council leadership that is more than 4 people and have them vote for officers. This helps share the responsibility of leadership amongst a larger group of people and provides stability when an officer suddenly needs to step down.
Example: “The Executive Board shall consist of no more than 7 and no less than 5 directors.” “The Executive Board shall select the officers to serve a one year term.”
Create two or three year terms to increase stability for your council.
Example: “Council membership shall elect the Executive Board. The number of positions to be filled will alternate terms in even numbered years.”
Consider if absences from a certain number of meetings may remove an officer from their position.
Example: “Any officer may be removed from office for missing three consecutive regular meetings or more than four meetings in any one term in office by a simple vote of the remaining officers.”
Include some requirements for finances such as how funds should be collected, who is responsible for them, and any reporting requirements.
Who is the FCC Delegate?
Most Councils do not have a designated role for the FCC delegate. Consider whether this is an appointed role or an elected role.
Conflict of Interest and Running for Office
Consider what constitutes a conflict of interest and how those interests will be disclosed. Also, think about when an officer must step down when running for office. This could be when they file or announce their candidacy or it could be if they win.
