Ms. Hickson, I based my lack-of-quorum argument at the January 17 APAB meeting on the text of the APAB Bylaws which Mr. Howard cited. Mrs. Richards made an assertion that some rule exists which allows delegates to continue to serve beyond their term (and which supersedes the APAB bylaws), but, importantly, did not a citation to prove it. If such a rule exists, please cite it and I will happily retract my argument. However, if such a rule does not exist, then APAB has taken the position that it may ignore its bylaws just because they happen to be inconvenient, which is very much an ethics issue! Please provide a ruling on this matter, because as it stands, I dont know whether I have actual authority to serve as my NPUs delegate in 2015 or not. Sincerely, Jack Gruendler 2014 APAB Delegate from NPU-W 404-939-1701 On Tue, Jan 20, 2015 at 2:52 PM, Richards, C. J.wrote: Dear Ms. Hickman, I am aware that the issue raised by Mr. Howard is not an Ethics issue. However, I am compelled to give you a bit more information omitted from Mr. Howard’s inquiry and information. Mr. Gruendler was incorrect. · We had 14 returning delegates and 5 new delegates voting on Saturday (quorum is 13). · Until notification is received from the NPU chair, returning delegates remain in place with full privileges. This is to ensure that APAB continues to function without interruption. This is a rule that applies to City Boards and Commissions. · NPU Chairs were present at the January 17th meeting and submitted the names of their 2015 delegates. · The Bylaws do not speak to late submission of names or replacement of delegates. Each year we have NPUs that submit the names of their delegates late or on the day of our Annual meeting, this practice has been accepted by all sitting delegates, alternates, (including Ben Howard & Jack Gruendler) and the City Planning Department. Most NPUs can not fulfill the 30 day requirement because new NPU Chairs do not take office until January 1st of each year and can not select the APAB appointees until then. The Bylaws are written to support the work of the organization not cripple it. The 30 day rule was written to prevent individuals from fighting over who is the delegate and bring about a smoother transition. Thank you for receiving this information. Cathy Richards APAB President 404-778-5718 phone 404-778-3294 fax [email protected] From: BEN HOWARD [mailto:[email protected]] Sent: Sunday, January 18, 2015 9:06 AM Subject: Fw: APAB 2015 Delegation On Sunday, January 18, 2015 9:05 AM, BEN HOWARD wrote: Ben Howard, Second Vice-President Atlanta Planning Advisory Board Sunday, January 18, 2015 MS Nina Hickson, City of Atlanta Ethics Officer 68 Mitchell ST STE 12130 404-330-6286 Fax: 404-658-6077 Atlanta GA 30303 To Ethics Officer Nina Hickson: At the Annual Organizational Meeting of APAB [Atlanta Planning Advisory Board], held Saturday January 17, 2015, Delegate Jack Gruendler put forth the argument that no valid quorum existed for the transaction of any business at that meeting. On the following grounds, I seek your public pronouncement confirming that argument. 1] The Office of the Municipal Clerk is implementing a policy, sanctioned by City Council Representatives, that part of the process for being accepted into the ‘family of governance’ for the City of Atlanta, via service on Boards, Commissions, Authorities, Etc., a requires that a citizen complete and have on record at the Municipal Clerk’s office, a BACE form providing certain eligibility data. As President of APAB, I have submitted to the Office of the Municipal Clerk, forms for the following Delegates: Jennifer Freeman [Beltline TADAC] James Martin [Beltline TADAC] Ron Shakir [Watershed Management] 2] Within the Bylaws of the Atlanta Planning Advisory Board, is a statement contained in Article IV, Section xxx, to wit: “Thirty (30) days prior to the annual organizational meeting of the Board, each NPU Chairperson shall submit to the Secretary of the Board the name, address, home and business telephone numbers of the elected delegate and alternate delegate for the ensuing year. Failure to provide this information shall result in an NPU not being able to vote at Board meetings.” The greater majority of NPU Chairs failed to adhere to this Bylaws requirement, thereby losing their right to vote at APAB meetings. [Such loss does not impair their rights to otherwise communicate with their City Government.] The few NPU Chairs that did respond to the call for the above Bylaws-required data reported “no change”. Consequently, I submit that the list of authorized 2015 delegates to APAB stands as the list contained in the publication distributed at the Neighborhood Awards meeting held on Saturday, December 19, 2014, barring such incidents as deaths, incapacitation, or resignations. Madam Ethics Officer, whom do you declare as the authorized representatives to the Atlanta Planning Advisory Board? Ben Howard
Posted on: Thu, 22 Jan 2015 19:43:36 +0000
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