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HomeMy WebLinkAbout2021-06-28 CVAG JPA By-LawsCOACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) BY-LAWS BY-LAWS ARTICLEI.......................................................................................................................1 SECTION (Reason for By-Laws)..........................................................................1 ARTICLE II (General Assembly)...................................................................................1 SECTION1 (Meetings).........................................................................................1 SECTION2 (Officers)...........................................................................................1 SECTION3 (Voting)............................................................................................. 2 SECTION4 (Quorum).......................................................................................... 2 ARTICLE III (Executive Committee)............................................................................. 2 SECTION 1 (Membership)................................................................................... 2 SECTION 2 (Officers)...........................................................................................3 SECTION 3 (Meetings)......................................................................................... 3 SECTION 4 (Quorum).......................................................................................... 3 SECTION 5 (Voting)............................................................................................. 3 SECTION 6 (Powers and Functions)....................................................................4 ARTICLE IV (Rules or Procedures)..............................................................................4 SECTION 1 (Parliamentary Authority).................................................................. 4 SECTION 2 (Adoption of Resolutions)................................................................. 5 ARTICLE V (CVAG Boundaries)................................................................................... 5 ARTICLE VI (Amendments).......................................................................................... 5 BY-LAWS FOR THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) ARTICLE I These By -Laws are provided for the organization and administration of the Coachella Valley Association of Governments (CVAG) which has been established under a joint Powers Agreement. These By -Laws supplement the Agreement. ARTIrl F II GENERAL ASSEMBLY SECTION 1 - MEETINGS A. The annual General Assembly shall meet in June. In addition, a General Assembly social event may be held anytime as provided in Article II, Section 1 - B. The locations and times of these meetings shall be determined by the Executive Committee. B. Special meetings of the General Assembly may be called by the Chairman or a majority of the member agencies. A. The officers of the General Assembly, elected by a majority vote thereof, shall be a Chairman and Vice -Chairman, who shall be elected annually before July of each year. To be eligible for nomination and election, said officer shall be a member of the Executive Committee, having been so designated in accordance with Article III. Section 1 - B. of these By -Laws. B. The Executive Committee, as defined in Article III, shall recommend nominees for Chairman and Vice -Chairman. Ordinarily, the Vice -Chairman will succeed the Chairman at the conclusion or his or her term of office. Except as provided below, the nominees shall be rotated among the member agencies in the following order: Agua Caliente Band of Cahuilla Indians, Indio, Cabazon Band of Mission Indians, Torres Martinez Desert Cahuilla Indians, Twenty -Nine Palms Band of Mission Indians, Palm Springs, Coachella, Desert Hot Springs, Rancho Mirage, Riverside County's Fourth Supervisorial District, Blythe, La Quinta, Palm Desert, Cathedral City, Indian Wells, and Riverside County's Fifth Supervisorial District. New members will be added last in order to the rotation. The jurisdiction next in order to serve as an officer will be passed over and moved to the end of the rotation if its representative or alternative have not attended seventy-five percent or more of the Executive Committee meetings in the previous year. Based on a recommendation of the Administrative/Personnel Committee, the Executive Committee may in making its nominations deviate from the strict rotation set forth above if determined to be in CVAG's best interests. C. The Chairman and Vice -Chairman shall not be representatives of the same member governments. D. Should an officer be unable to serve for any reason, he or she may be replaced by governing body of the member jurisdiction which he or she represented on the Executive Committee. The replacement, who shall be the officially designated representative of the member agency, shall serve out the remainder of the officer's term. E. The Chairman of the General Assembly shall preside at all meetings of the General Assembly and Executive Committee. In the absence of the Chairman, the Vice -Chairman shall perform all the duties of the Chairman. In the absence of both the Chairman and Vice -Chairman, the General Assembly or Executive Committee shall choose one of its voting members to chair the meeting for that day only. SECTION 3 - VOTING A. Each member government of the General Assembly shall have a maximum of five votes; however, the votes of each member government shall be no more than that number of voting members present. B. Should more than five representatives from one member government be present, that member government shall determine the five votes to be counted. C. The Chairman and Vice -Chairman are eligible to vote. D. Except as provided in the Joint Powers Agreement or in these By -Laws, voting in the General Assembly shall be by a majority vote of those member government representatives present and voting. SECTION 4 - QUORUM A. A majority of the voting General Assembly membership shall constitute a quorum for the transaction of all business unless otherwise provided by the Joint Powers Agreement or these By -Laws. 2 ARTICLE III EXECUTIVE COMMITTEE SECTION 1 - MEMBERSHIP A. There is hereby established as the administrative and management arm of the General Assembly an Executive Committee. B. The Executive Committee will be composed of the Mayor or his/her alternate, or an officially designated representative who must be an elected Councilman of each member city, the Tribal Chair of each member tribal council, and the five County Supervisors. The Immediate Past Chairman of CVAG shall be entitled to serve on the Executive Committee without vote for a one-year term provided he/she remains an elected official of one of CVAG's member governments. The CVAG representatives to the Southern California Association of Governments' Regional Council shall be entitled to serve on CVAG's Executive Committee without vote during the time he/she fills that position. SECTION 2 - OFFICERS A. The officers of the Executive Committee shall be the Chairman and Vice -Chairman of the General Assembly. B. The duties of the Chairman and Vice -Chairman shall be the same as prescribed for the General Assembly. SECTION 3 - MEETINGS A. The Executive Committee shall meet monthly at times and places designated by the Executive Committee at the regular meeting preceding the next scheduled meeting. 1. Notice shall be given to all member governments of the time and place of all regular meetings of the Executive Committee by mailing a written notice of the same at least ten (10) days prior to the meeting; provided, however, that failure to receive such notice shall not invalidate any proceeding of such meeting. 2. When changes are made to a General Assembly or Executive Committee agenda that has already been posted, the changes shall be noted on the official agenda displayed at CVAG's offices for public notice. In addition, all members of the General Assembly or Executive Committee shall be notified on the changes made by telephone or written notice in advance of the meeting. 3 SECTION 4 - QUORUM A. A majority of the member agencies must be represented by a voting member to constitute a quorum. SECTION 5 - VOTING A. Each member city and each tribal council shall have one vote on the Executive Committee, and the County shall have five votes. B. Only members present may vote. SECTION 6 - POWERS AND FUNCTIONS A. To prepare and recommend to the General Assembly a yearly budget for funds and distribution and to determine the estimated share of contributions from each member government. B. To administer, manage, contract for, and handle the financing of the studies, projects and programs approved and adopted by the General Assembly. C. To review proposed Federally -funded projects within the Association area which require clearing -house review in accordance with Circular A-95. D. To report the findings and recommendations of all projects to the General Assembly for action. E. To submit policy and planning positions to the General Assembly. F. To select and employ an Executive Director who shall be the Chief Administrative Officer of the Association and who shall have administrative supervision over all other employees of the Association. The Executive Committee shall establish personnel rules and regulations and shall provide for compensation of Association Staff. G. To appoint regular and special committees within the Executive Committee. H. To establish and operate a permanent office for the Association of Governments upon approval of the General Assembly. The Executive Committee may also appoint advisory committees on such projects as it determines advisable. M J. Members of advisory committees may be named from any government service, from non-public groups, or organizations, or from the general public. Advisory committees shall meet and report as directed by the Executive Committee. ARTI(_I F IV RULES OR PROCEDURES SECTION 1 - PARLIAMENTARY AUTHORITY A. A policy and procedures manual for the governance of all General Assembly and Committee meetings will be adopted by CVAG's Executive Committee and confirmed by the first General Assembly meeting following its adoption for the governance of all General Assembly and Committee meetings. Except as otherwise provided herein, or by vote of the majority of those present at General Assembly or Executive Committee meetings, that policy and procedures manual shall constitute the parliamentary authority for the Coachella Valley Association of Governments. SECTION 2 - ADOPTION OF RESOLUTIONS A. Except resolutions of courtesy, commendations, appreciation or condolence, no resolution expressing the opinion or policy of the Association on any question shall be adopted by the Association, unless it has been approved by the Executive Committee. ARTICLE V CVAG BOUNDARIES .qF('TIC)N 1 A. CVAG boundaries shall include all of the territory within the County of Riverside that lies East of the common boundary of the Western Riverside Council of Governments and the Coachella Valley Association of Governments, as more particularly described in Exhibit A. 6 ARTICLE VI AMENDMENTS SECTION 1 A. These By -Laws and any amendments thereto may be amended by the General Assembly. ---End of By-Laws--- AMENDED/April 25, 1978 AMENDED/May 11, 1987 AMENDED/June 27, 1988 AMENDED/June 27, 1994 AMENDED/June 30, 2004 AMENDED/June 27, 2005 AMENDED/June 24, 2013 AMENDED/June 24, 2019 AMENDED/JUNE 28, 2021 UACVAG By-Laws\CVAG By-Laws.wpd 6