CDAC BYLAW REVISIONS 9.20.2017.PDF

MARICOPA COUNTY
COMMUNITY DEVELOPMENT ADVISORY COMMITTEE (CDAC)
BYLAWS
PURPOSE
The Community Development Advisory Committee (CDAC) is an advisory group to the Board of
Supervisors on matters concerning the Maricopa County Community Development Block Grant
(CDBG), specifically for the annual Request for Proposal process for Urban County projects and
programs. The CDAC makes recommendations to the Board of Supervisors regarding project
selection, funding allocation, and program implementation.
The CDAC is also the body officially charged by the Maricopa County Board of Supervisors to act
as the medium for citizen advice and comment concerning urban county CDBG planning and
performance documents.
The CDAC is an advisory board on matters concerning the Maricopa County CDBG funds;
including fair housing and housing affordability issues affecting low/moderate income people in
the Urban County. The CDAC shall be organized and function in such a manner to allow
continuity of effective involvement of participating Cities and Towns, applicants for funding,
and citizens throughout the planning, development and implementation of the program.
ARTICLE I – CDAC MEMBERSHIP
The CDAC will be composed of members appointed in the following manner:
1. With the approval of the Board of Supervisors, each Supervisor may appoint two members
and one alternate living in their district to serve on the CDAC.
1.1. Each district member appointed by the Supervisor shall not be an elected official of any
city/town participating in the CDBG program.
2. The governing board of each city or town participating in the CDBG Three-Year Cooperative
Agreement may appoint one individual and one alternate to serve on the CDAC.
2.1. Each city/town member and alternate must be an elected member of the respective
city/town council.
2.2. Elected city/town members must be formally appointed to the CDAC by the Board of
Supervisors.
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3. CDAC appointments should be made by the 1st quarter of the fiscal year, which begins each
July 1st. CDAC appointments will be for two full fiscal years; to begin on July 1, ending on
June 30. The initial year of the two year term limits will be staggered in the following
manner:
3.1. Representatives for city/town names that begin with the letters A through G and for
Districts 1 and 2 shall have terms that end in even numbered years.
3.2. Representatives for city/town names that begin with the letters H through Z and for
Districts 3, 4, and 5 shall have terms that end in odd numbered years.
4. A member can be removed from the CDAC under the following circumstances:
4.1. The member is no longer eligible
4.2. The member voluntarily steps down from the CDAC
4.3. A member representing a city/town is removed by the city/town’s appointing body
4.4. The member is removed by the CDAC at the request of two thirds (2/3) of the seated
members
4.5. The member is removed by the Board of Supervisors
ARTICLE II – CDAC MEETINGS
1. Regular meetings of the CDAC will be held as scheduled on the second Wednesday of
each month. Meetings may be cancelled, with at least 48 hours notice, if there are no
required action items on the agenda.
2. Special meetings of the CDAC may be held at the request of the CDAC Chair or by
consent of the majority. All members will be notified at least 48 hours before the time
set for a special meeting.
3. Public hearings will be held by the CDAC as necessary to meet CDBG grant
requirements.
4. All meetings and public hearings of the CDAC will be open to the public.
5. Written minutes will be kept of all public meetings and will be public record.
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6. A quorum of the CDAC shall consist of a simple majority of members who are appointed
to the Committee. A quorum is necessary for the transaction of any business. CDAC
members may attend telephonically, provided that the public is properly notified.
7. All votes taken by the CDAC shall be by voice vote or by roll call and made part of the
minutes. CDAC meetings shall be recorded, with the recordings made available in
compliance with open meeting law requirements.
8. Where these bylaws and other applicable law do not afford an adequate procedure in
the conduct of a meeting, the CDAC Chair may refer to Robert’s Rules of Order as a
guide.
9. Members of the public will be allowed to speak when invited to speak by the Chair
during meetings, at public hearings and during the open call to the public at each
meeting.
ARTICLE III – CDAC OFFICERS
1. The Chair and Vice-Chair of the CDAC shall be elected annually by the members of the
CDAC, to begin on July 1, and end on June 30. The Chair and Vice-Chair shall not represent
the same city/town or the same district.
1.1. If the position of Chair is permanently vacated for any reason during their term of
office, the Vice Chair will assume all duties of the Chair, and a new Vice Chair will be
appointed by the CDAC. All Chair and Vice Chair positions filled during the original term
of office shall serve through the end of the original term.
1.2. Any vacancy in the office of the Chair or Vice-Chair of the CDAC may be filled by the
members of the Committee at any regular meeting or special meeting called for such
purpose after such vacancy has occurred.
1.3. Any Officer may be removed from office for cause and a vote of at least two-thirds
(2/3) of the current members of the CDAC.
2. The Chair will have the following duties:
2.1. Preside at meetings of the CDAC.
2.2. Appoint all subcommittees.
2.3. Provide general supervision over the conduct of the affairs of the Committee.
2.4. Participate in the voting process, and may participate in discussion of any matters.
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2.5. Rule on all procedural questions.
2.6. Call for a motion and vote upon all matters being considered by the CDAC, but only
after all interested parties and all Committee members have had a reasonable
opportunity to be heard.
2.7. Limit the time each person is permitted to speak at public meetings or public hearings,
provided that such procedure shall nonetheless result in a full presentation on all
relevant issues.
2.7.1. The ruling of the Chair will be subject to reversal by a majority of the CDAC
members present.
3. The Vice-Chair shall perform the duties of the Chair during the absence or inability of the
Chair.
4. In the event that both the Chair and Vice-Chair are absent, then the members present shall
choose a member to be Chair pro-tem for the meeting.
ARTICLE IV – CDAC SUBCOMMITTEES
1. The Chair will, with the approval of a majority of the CDAC, appoint such subcommittees
as may be deemed necessary.
2. Each subcommittee will appoint one member to serve as the subcommittee Chair. The
Chair and/or Vice-Chair of the CDAC may serve as ex-officio members of all
subcommittees.
3. Reports, recommendations and minutes of all meetings of each subcommittee shall be
made in writing and the original copy thereof shall be filed and become a part of the
records of the Committee.
ARTICLE V – CDAC DUTIES AND RESPONSIBILITIES
1. The CDAC will review and provide comment on the U. S. Department of Housing and Urban
Development (HUD) required Citizen Participation Plan, and in overseeing the
implementation of the plan in cooperation with Maricopa County Human Services
Department.
2. The CDAC will evaluate applications for CDBG funding and related documents, and will
provide recommendations to the Board of Supervisors on actions to be taken regarding
these applications. CDAC members representing an Urban County city or town shall abstain
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from scoring or otherwise evaluating all applications that are submitted by or a partnership
with the city or town they represent
3. The CDAC will create a CDBG contingency fund at the start of each program year in an
amount equal to 5% of the County’s annual CDBG funding allocation. The contingency acts
as a reserve for construction projects with unforeseen change orders or cost increases and
is limited to amounts described in Article V, Section 7 (c) and Article VI, Section 6 (c).
4. The CDAC will review and provide recommendations on the Urban County sections of the
Consolidated Plan and Annual Action Plan development process.
5. The CDAC will advise the Board of Supervisors on policy decisions regarding CDBG-funded
projects and programs.
6. The CDAC will participate in assessing all aspects of the Urban County's CDBG performance;
including the performance of the Urban County's subrecipients and contractors.
7. The CDAC may approve the following changes to existing CDBG funded contracts without
approval from the Board of Supervisors:
7.1.1. Changes in the scope of work, provided the overall scope of work for the project
is unchanged.
7.1.2. Changes in the project implementation schedule including extensions in the
completion deadline up to but not to exceed the contract end date.
7.1.3. Requests for additional funding up to 20% of the original contract amount. All
requests for additional funding are limited to 30% of the current contingency fund
balance.
ARTICLE VI. STAFFING AND SUPPORT
1. Necessary staffing and support of the CDAC shall be provided by the Maricopa County
Board of Supervisors through the Maricopa County Human Services Department (HSD).
2. HSD staff shall support the activities of the CDAC, which shall be responsible for
preparing and distributing agendas for all public meetings, maintaining an official
membership list, attendance records, a record of all actions of the CDAC, minutes of all
public meetings, and other documents of the CDAC and its committees.
3. HSD staff is authorized to implement the following changes to existing CDBG funded
contracts without approval from the CDAC or the Board of Supervisors:
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3.1. Minor changes in the scope of work, provided the overall scope of work for the
project is unchanged
3.2. Changes in the project implementation schedule up including extensions in the
completion deadline up to 90 days.
3.3. Requests for additional funding up to $10,000. All requests for additional funding
are limited to 30% of the current contingency fund balance.
ARTICLE VI - AMENDMENTS OF BYLAWS AND RULES OF PROCEDURE
1. Proposed revisions to the foregoing Bylaws and Rules of Procedures, or any part thereof,
may be presented for action at any meeting of the Committee after not less than ten (10)
day notice has been given to all members of the Committee. All amendments
recommended for approval by a majority of the CDAC members shall be presented to the
Board of Supervisors for final approval.
ARTICLE VII - CONFLICT OF INTEREST
1. At all times, the CDAC members will comply with Arizona law (A.R.S. §38-503) and HUD
regulations (24 CFR 570.611) regarding conflict of interest. No member of CDAC may use
their position on the Committee for a purpose that is, or gives the appearance of being,
motivated by a desire for private gain for themselves or specific others, particularly those
with whom they have family, business or other ties. In any instance where a conflict might
arise because of the potential for financial gain, the member must disclose the potential
conflict, and the County will follow the federal regulations in securing a decision from HUD
on the potential conflict. Any member who feels that personal reasons may unduly
prejudice their decision shall disqualify themselves without reason or suggestions of their
interest and take no part in discussion or voting on this matter. CDAC members shall sign
an annual Conflict of Interest declaration.
CDAC Bylaws: Approval and Amendments
Adopted by the Community Development Advisory Committee on January 3, 1979. Recorded
with the Clerk of the Board on January 31, 1979.
Amended by Community Development Advisory Committee on December 15, 1982.
Amended by Community Development Advisory Committee on May 21, 1986.
Amended by Community Development Advisory Committee on October 18, 1989.
Recorded with the Clerk of the Board on December 5, 1989
Amended by Community Development Advisory Committee on November 15, 1990. Recorded
with the Clerk of the Board on November 29, 1990.
Amended by Community Development Advisory Committee on June 9, 1993.
Recorded with the Clerk of the Board on December 15, 1993.
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Amended by Community Development Advisory Committee on November 12, 1997.
Recorded with the Clerk of the Board on November 22, 1997.
Amended by the Community Development Advisory Committee on October 8, 2003
Approved by the BOS 11/19/03.
Recorded by the Clerk of the Board on November 19, 2003.
Amended by the Community Development Advisory Committee on January 9, 2008.
Approved by the BOS on January 16, 2008.
Recorded by the Clerk of the Board on January 16, 2008.
Approved by the Community Development Advisory Committee on June 10,-2009
Approved by the BOS on July 22, 2009
Recorded by the Clerk of the Board on July 22, 2009.
Approved by the Community Development Advisory Committee on ____________
Approved by the BOS on _____________________________________________
Recorded by the Clerk of the Board on __________________________________
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