Item 003 - ZWAC By-Laws Amendments — original pdf

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 BYLAWS OF THE Zero Waste Advisory Commission ARTICLE 1. NAME. The name of the board is the Zero Waste Advisory Commission ARTICLE 2. PURPOSE AND DUTIES. (A) The commission is empowered to review and analyze the policies and resources relating to material discard management in the city, and to advise the city council on materials management policies and resources. The commission shall provide assistance to the city council to ensure its residents that the City provides both an economical and environmentally safe system of waste reduction, resource recovery and disposal. The commission may provide assistance to the city council to protect the public health and quality of the environment through efficient collection, recycling, composting and disposal of municipal solid waste. (B) The commission shall act as an advisory body to the city council and shall review programs and make recommendations regarding : 1. the City's waste discard stream; 2 . minimization of environmental impacts due to materials management and waste disposal; 3 . implementation of programs that achieve the city's goals and objectives relating to materials management, including recycling, composting, alternative methods of waste disposal, garbage collection, and landfill diversion; and 4. zero waste programs. (C) The commission shall hold public hearings, initiate studies, review and make reports and recommendations to the city council, or other appropriate boards and commissions, concerning: 1. Austin Resource Recovery capital improvement project proposals; 2. Austin Resource Recovery bond programs; 3. hazardous waste materials management; 4. materials management planning and reduction of the waste-stream; 5. citizens' evaluation on solid waste and materials management matters; 6. incentives for participation in materials recovery programs; 7. air quality as it relates to or is affected by waste disposal; 8. alternative methods of waste disposal; 9. City's annual budget proposal for Austin Resource Recovery Department; 10. cost effectiveness and financial impact of solid waste and materials recovery programs; 11. proposed and existing solid waste facilities within the city and outside the city if they have the potential to affect the city; 12. solid waste collection and disposal, and materials management programs which have the potential to affect the city and make recommendations to the city council; 13. effectiveness of materials management programs on an annual basis; 14. inventory of the City's solid waste and materials management systems; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 15. use or disposition of equipment purchased for the Department facilities; 16. contractual obligations relating to the Department facilities; 17. creation of a diversified short and long term materials management strategy pending federal legislation; 18. zero waste programs, including reuse, recycling and composting programs; 19. landfill diversion; 20. product stewardship, including but not limited to electronic discard take-back programs; 21. reduction of carbon emissions and carbon footprint as it relates to materials and management. (D) The commission may also exercise the following oversight functions: 1. work with staff to develop programs to implement the commission's duties and 2. evaluate the economic feasibility and impacts of its goals and objectives programs; 3. coordinate with the staff for utilization of staff time and resources for liaison activities 4. make policy and budget recommendations to the city council relating to zero waste 5. review materials management program implementation strategies as they are developed; 6. review staff progress toward successful implementation of materials management on a responsibilities; with the commission; program implementation; periodic basis; 7. review staff reports and studies relating to commission programs, including economic and rate impacts and environmental effects; 8. review the results from the monitoring of solid waste programs and facilities; and 9. implementation of the department climate protection plan. The commission shall maintain and promote close cooperation and open communication between the city council, other City boards, commissions, and committees, City departments and individuals, institutions and agencies concerned with the policies and procedures and operation of the Austin Resource Recovery Department and the maintenance and construction of the solid waste disposal facilities so that all similar activities in the City may be coordinated to secure the greatest public welfare. ARTICLE 3. MEMBERSHIP. (A) The board is composed of eleven members appointed by the city council. (B) A member serves at the pleasure of the city council. (C) Board members serve for a term of four years beginning March 1st on the year of appointment. (D) An individual board member may not act in an official capacity except through the action of the board. (E) A board member who is absent for three consecutive regular meetings or one-third of all regular meetings in a “rolling” twelve month timeframe automatically vacates the member’s position 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 subject to the holdover provisions in Section 2-1-27 of the City Code. This does not apply to an absence due to illness or injury of the board member, an illness or injury of a board member’s immediate family member, active military service, or the birth or adoption of the board member’s child for 90 days after the event. The board member must notify the staff liaison of the reason for the absence not later than the date of the next regular meeting of the board. Failure to notify the liaison before the next regular meeting of the board will result in an unexcused absence. (F) At each meeting, each board member shall sign an attendance sheet which indicates that the member does not have a conflict of interest with any item on that agenda, or identifies each agenda item on which the member has a conflict of interest. Failure to sign the sheet results in the member being counted as absent and his/her votes are not counted. (G) A member who seeks to resign from the board shall submit a written resignation to the chair of the board, the staff liaison, or the city clerk’s office. If possible, the resignation should allow for a thirty day notice so the city council can appoint a replacement. ARTICLE 4. OFFICERS. (A) The officers of the board shall consist of a chair and a vice-chair. (B) Officers shall be elected annually by a majority vote of the board at the first regular meeting after April 1st. In the event a current officer becomes ineligible to serve as an officer, the board may hold an emergency election as needed. (C) The term of office shall be one year, beginning May 1st and ending April 30th. An officer may continue to serve until a successor is elected. A person may not serve as an officer in a designated position of a board for more than four consecutive one-year terms. A person who has served as an officer in a designated position of a board for four consecutive terms is not eligible for re-election to that designated office until the expiration of two years after the last date of the person’s service in that office. The board may override the term limit provision for an officer by an affirmative vote of two-thirds of the authorized board members. (D) A member may not hold more than one office at a time. (A) The chair shall preside at board meetings, appoint all committees, represent the board at ceremonial ARTICLE 5. DUTIES OF OFFICERS. functions and approve each final meeting agenda. (B) In the absence of the chair, the vice-chair shall perform all duties of the chair. ARTICLE 6. AGENDAS. (A) Two or more board members may place an item on the agenda by oral or written request to the staff liaison at least five days before the meeting. After first consulting with and receiving input from the staff liaison, the chair shall approve each final meeting agenda. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 (B) The board liaison shall submit the meeting agenda through the online agenda posting system for each meeting not less than 72 hours before the meeting. (C) Posting of the agenda must comply with Texas Government Code Chapter 551 (Texas Open Meetings Act). Meetings Act). (A) The board meetings shall comply with Texas Government Code Chapter 551 (Texas Open ARTICLE 7. MEETINGS. (B) Board meetings shall be governed by Robert’s Rules of Order. (C) The board may not conduct a closed meeting without the approval of the city attorney. (D) The board shall meet monthly. In November of each year, the board shall adopt a schedule of the meetings for the upcoming year, including makeup meeting dates for the holidays and cancelled meetings. (E) The chair may call a special meeting, and the chair shall call a special meeting if requested by three or more members. The call shall state the purpose of the meeting. A board may not call a meeting in addition to its regular scheduled meetings as identified in its adopted meeting schedule, more often than once a quarter, unless the meeting is required to comply with a statutory deadline or a deadline established by Council. (F) Six members constitute a quorum. (G) If a quorum for a meeting does not convene within one-half hour of the posted time for the meeting, then the meeting may not be held. (H) To be effective, a board action must be adopted by an affirmative vote of the number of members necessary to provide a quorum. (I) The chair has the same voting privilege as any other member. (J) The board shall allow citizens to address the board on agenda items and during a period of time set aside for citizen communications. The chair may limit a speaker to three minutes. (K) The staff liaison shall prepare the board minutes. The minutes of each board meeting must include the vote of each member on each item before the board and indicate whether a member is absent or failed to vote on an item. (L) The city clerk shall retain agendas, approved minutes, internal review reports and bylaws. The Austin Resource Recovery Department shall retain all other board documents. The documents are public records under Texas Local Government Code Chapter 552 (Texas Public Information Act). 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 (M) The chair shall adjourn a meeting not later than 10 p.m., unless the board votes to continue the meeting. (N) Each person and board member attending a board meeting should observe decorum pursuant to Section 2-1-48 of the City Code. (O) A member of the public may not address a board at a meeting on an item posted as a briefing. ARTICLE 8. COMMITTEES/WORKING GROUPS. COMMITTEES (A) The Zero Waste Advisory Commission shall have the following committees: 1) Universal Recycling Ordinance Committee: the duty of the committee is to review the Universal Recycling Ordinance, Austin City Code Article 5, and to hold meetings with stakeholders as they develop recommendations to Council to fully implement the Universal Recycling Ordinance throughout the city, including city facilities and public spaces. 2) Construction and Demolition Ordinance Reform Committee: the duty of the committee is to review relevant ordinances that impact recycling of construction and demolition debris. 3) Organics Management Committee: The duty of the committee is to collaborate with staff by making recommendations to the Austin Resource Recovery Director to develop policies for food waste prevention and recovery consistent with the Zero Waste Master Plan. (B) Each committee must be established by an affirmative vote of the board. A committee cannot meet until its creation is approved by the Council Audit and Finance Committee. Each committee shall consist of at least three board members appointed by the chair. A staff member shall be assigned to each committee by the director of the Austin Resource Recovery Department. (C) The board chair shall appoint a board member as the committee chair, with the member’s consent. (D) A majority of the total number of appointed committee members constitutes a quorum. (E) Each committee shall meet on a regularly scheduled basis at least quarterly. (F) Each committee shall make an annual report to the board at the January board meeting. (G) Committee meetings must be posted in accordance with Texas Government Code Chapter 551 (H) At each committee meeting, a committee member shall sign in on a sheet provided and shall (Texas Open Meetings Act). indicate that the member has no conflict of interest with any item on the committee meeting agenda, or identify each agenda item on which the member has a conflict of interest. WORKING GROUPS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 (A) The board can determine the size of a working group but the number of board members serving on the working group must be less than a quorum of the board. (B) A working group may designate a chair, with the member’s consent, but is not required to do so. (C) Quorum requirements do not apply to working groups. (D) Staff support will not be provided for working groups. (E) Working groups are not required to post their meetings in accordance with the Texas Government Code Chapter 551 (Texas Open Meetings Act). ARTICLE 9. PARLIAMENTARY AUTHORITY. The rules contained in the current edition of Robert’s Rules of Order shall govern the board in all cases to which they are applicable, except when inconsistent with these bylaws or with special rules of procedure which the board or city council may adopt. ARTICLE 10. AMENDMENT OF BYLAWS. A bylaw amendment is not effective unless approved by the Council Audit and Finance Committee. The bylaws were approved by the Zero Waste Advisory Commission at their meeting held on _______________4/19/22____________ (insert – month date, year). Dwight Scales ______________________________________ Dwight Scales, Austin Resource Recovery Department Liasion