Trying to move the ERNC along for more and better service to it's Stakeholders

On Monday, August 5, 2013, I sent an email to the ERNC President, Michael Nogueira, a friend and formerly an ERNC Board colleague for several years, about some concerns that appeared to me in the operation of the ERNC since late last year when the new board members were installed.  14 new board members were elected to the ERNC in October 2012.  For many, possibly most, there was an unfamiliarity with the operation of the Neighborhood Council, in spirit and under the assorted applicable rules, laws and regulations that does not appear to be sufficiently resolved over eight months later.

The following is from that email that started off with reference to the function of the ERNC’s web site (www.eaglerockcouncil.org). It then moves onto what I think needs the most attention for the ERNC to do its best job for the stakeholders it is mandated to represent.
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4.   I think that the "GET INVOLVED!"   Menu Tab, with the "How to Participate" page needs some revisions.

This paragraph sounds simple enough:

"Involvement in the Eagle Rock Neighborhood Council is fun and easy. If you live, learn, work, play, pray, or shop in Eagle Rock or just want to see how your local government works we invite you to participate by simply showing up at the meetings and voicing your opinion, volunteering on a committee, or by joining our governing board."  

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But this one announcement still has some problems in what it presents to readers:

"If you want to be more involved, we encourage you to serve on a committee. Committees are also an integral part of the decision-making process. A committee may report on an issue and/or advise the board on items we need to take action on."

The problem mainly is that other than Land Use and Executive, there is nothing publicized about the other committees that a stakeholder can join.    The BYLAWS specify "Standing Committees"  (ERNC Bylaws,  Article VII, Sec. 1, Standing Committees)  "The Standing Committees of the Council are:

A.  Executive Committee  (already mentioned).

B.  Rules and Election Committee.  "Chaired by the Secretary..."

C.  Budget and Finance Committee. "Chaired by the Treasurer..."

D.  Communications and Government Relations Committee.  Specified as, "Chaired by the Communication and Government Relations Director and Co-Chaired by another Voting Member as nominated by the Board.

E. Outreach and Event Planning Committee.  Chaired by the Vice President of the Board.

F.  Land Use and Planning Committee.” (already mentioned earlier).

If a stakeholder wants to be on a standing committee other than "A." above, and "F." above, there is not any notice of the meetings, agendas, membership opportunities, or otherwise at the meetings or on the ERNC web site page "How to Participate."  

That might be an area for some early attention to get stakeholders onto committees if stakeholder participation is going to happen.

5.     Another item for a possible bylaws edit is under "Article VI, OFFICERS,  Section 2, Duties and Powers," for the "Vice-President" :  "Chairs Event Planning Committee, ..."  This title should be changed at the next bylaws review to match the label above entitled as, "Outreach and Event Planning Committee," in Bylaws Article VII.   

One specified duty for the Vice-President that might be noted here is ".Develops an on-going outreach plan and effort to ensure the maximum participation by Community Stakeholders."

6.   Moving to the ad hoc committees that ERNC uses, and possibly incorrectly as "ad hoc" instead of the "standing committees," as specified by the Bylaws- one would be the "Budget and Finance Committee" standing committee not being formed and used, including Agendizing its meetings under the Brown Act.

"Article VII, Section 2:  Ad Hoc Committees. The Board may create Ad Hoc Committees as needed to deal with temporary issues."  The standing committees might be better used for these, with AGENDAS and Minutes available to the stakeholders for some transparency of actions.

7.  One important concern on the ad hoc committees is the membership of the board and the possible lack of compliance with the ERNC Bylaws as provided in Article VII, Committees and Duties:.

"Section 3:  Committee Creation and Authorization

a.            Committee Authority. All committee recommendations shall be brought back to the Governing Board for discussion and action.

b.            Committee Structure.  With the exception of the Executive Committee and the Land Use and Planning Committee that have specified membership, Committee members shall be appointed by the President and ratified by the Board.  Standing Committees shall be comprised of at least two (2) Board members and may include any interested Stakeholders.  Ad Hoc Committees shall be comprised of one (1) or less Board members and may include any interested Stakeholders."  (Underline added for emphasis).

Aside from the names and topics covered by the "ad hoc" committees, the membership is limited to no more than ONE board member- and it could be NO board members under the bylaws provision above.  But if MORE than one board member is on an "ad hoc" committee, it is in violation of the bylaws as it appears under the plain reading of the Committee Structure provision.

I believe you possibly have more than one board member on some ad hoc committees and that would be in violation of the mandatory provision indicated by "shall" in the provision.

Another bad feature (in my opinion) of the ad hoc committee usage is the lack of producing AGENDAS and MINUTES for the meetings, thereby having essentially "secret," or at least less informative operations in place, contrary to principles of "transparency" in government.    Also, AGENDAS and MINUTES are not generally required for ad hoc committees, but it is the "better practice" to use them.  I have been informed that these features become mandatory upon having a member of the public seated on an ad hoc committee.    The standing committees would be the preferred structure for openness of process.



8.  As to that possible lack of compliance with Bylaws issue, a relevant provision that affects ERNC Board voting may arise under the ERNC bylaws at Section XII,

"Votes that are null and void even if unanimous. No motion is in order that conflicts with the laws of the Nation or State, or with the ERNC bylaws. Such motions, even if adopted by a unanimous vote, are null and void. No rule that conflicts with a rule of a higher order is of any authority."

Also, there may be another relevant controlling provision for ERNC board's non-compliance in the overall requirements under the ERNC Bylaws at ARTICLE XIV - COMPLIANCE:

"The Council, its representatives, and all Community Stakeholders shall comply with these Bylaws  (bold emphasis added) and with any additional Standing Rules or Procedures as may be adopted by the Board of Directors as well as all local, county, state and federal laws, including, without limitation, the Plan for Citywide System of Government (hereinafter referred to as the Plan), the City Code of Conduct, the City Governmental Ethics Ordinance (Los Angeles Municipal Code Section 49.5.1), the Brown Act (California Government Code Section 54950.5 et seq.), the Public Records Act, the American Disabilities Act, and all laws and governmental  policies pertaining to Conflicts of Interest."

This is the major portion of what seems to be a lot of unfamiliarity with what is provided, specified and required by the ERNC bylaws that has been of a continuing nature, so I thought it was about time to point these out before problems become compounded.