CDAC BYLAW REVISIONS 08.31.2017 REDLINE.PDF

FOR MARICOPA COUNTY
COMMUNITY DEVELOPMENT ADVISORY COMMITTEE (CDAC)
BYLAWS AND RULES OF PROCEDURE
PREFACE
PURPOSE
The Community Development Advisory Committee (CDAC) was created byis an
advisory group to the Board of Supervisors to act in an advisory capacity 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. and HOME Investment Partnerships Program (HOME) /American Dream
Downpayment Initiative (ADDI). 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 and HOME planning and performance documents.
The Community Development Advisory Committee (CDAC) was created by the Board of
Supervisors to act inis an advisory capacity board on matters concerning the Maricopa
County Community Development Block Grant (CDBG) funds, HOME Investment
Partnerships Program (HOME), and American Dream Downpayment Initiative (ADDI);
including fair housing and housing affordability issues affecting low/moderate income
people in the Urban County. It shall be a standing committee for the duration of the
Maricopa County CDBG and HOME/ADDI Programs. 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.all stages of these programs.
ARTICLE I - DUTIES AND RESPONSIBILITIES Comment [CM-H1]: This section has been
moved to p. 5.
1. The CDAC will provide feedback on the citizen participation plan, and assist in
overseeing the implementation of the plan.
2. The CDAC will participate in evaluating CDBG and HOME/ADDI applications and
related documents, and will advise the Board of Supervisors on actions that
should be taken regarding these documents.
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3. The CDAC will participate in the Urban County sections of the Consolidated Plan
and Annual Action Plan development process.
4. The CDAC will advise the Board of Supervisors on policy decisions regarding
program implementation.
5. The CDAC will participate in assessing all aspects of the Urban County's CDBG
and HOME/ADDI performance; including the performance of the Urban County's
subrecipients and contractors.
ARTICLE II -– 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 from living in his/hertheir district to serve on the
CDAC.
1.1 Each district member appointed by the Supervisor must shall not be an
elected official of any city/town participating in the CDBG grant
programs.
2. The governing board of each city or town participating in the CDBG and/or
HOME/ADDI 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 also be formally appointed to the
CDAC by the Board of Supervisors.
3. CDAC appointments must should be made by the 1st quarter of the fiscal year,
which begins each July 1st. as close toby July for the beginning of each fiscal
year as possible. CDAC appointments will be for one two full fiscal years; from to
begin on July 1, ending on through 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.
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4. A member can be removed from the CDAC under the following circumstances.
4.1 The member is no longer eligible under the CDAC bylaws (for example, an
elected representative no longer holds a city/town council position, or a district
representative becomes a city/town council member of a participating community)
4.2 The member voluntarily steps down from the CDAC
4.3 The 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 III -– 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 one
week’s48 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 and
HOME/ADDI 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.
6. A quorum of the CDAC shall consist of a simple majority of members who are in
fact appointed to the Committee. A quorum is necessary for the transaction of
any business. CDAC members may attend telephonically, if necessary, 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.All meetings shall be conducted according to Robert’s
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Rules of Order as amended. In any case where there is conflict between these
Bylaws and Robert’s Rules of Order, these Bylaws shall control.
9. Members of the public will be allowed to speak only when invited to speak by the
Chair during meetings, at the public hearings and during the open call to the
public at each meeting.
ARTICLE IIIV -– 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. at the beginning of each
fiscal year. The Chair and Vice-Chair shall not represent the same city/, town or
the same district.
 A Chair or Vice Chair may serve two consecutive terms in that position if
duly re-elected by the CDAC.
1.1 If, after the annual election process, the position of Chair is permanently
vacated for any reason during their term of office fiscal year, the Vice
Chair will assume all duties of the Chair, and a new Vice Chair will be
appointed by the CDAC as outlined in these Bylaws. 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.
1.21.3 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.
2.5 Rule on all procedural questions.
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2.6 Call for the questiona 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
disability inability of the Chair.
4. In the event that both the Chair and Vice-Chair are absent, then the members
present shall choose a memberone from among their number to be Chair pro-
tem for the day's 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 or advisable.
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 Comment [CM-H2]: This section has been
moved from page 1.
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 Comment [CM-H3]: This sentence is new.
County city or town shall abstain from scoring or otherwise evaluating all
applications that are submitted by or a partnership with the city or town they
represent.
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3. The CDAC will create a CDBG contingency fund at the start of each program Comment [CM-H4]: This item is new
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 participate in 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
program implementationCDBG-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 Comment [CM-H5]: This item has been
contracts without approval from the Board of Supervisors: moved to the Bylaws from the Policy Manual.
7.1. Changes in the scope of work, provided the overall scope of work for the
project is unchanged.
7.2. Changes in the project implementation schedule including extensions in
the completion deadline up to but not to exceed the contract end date.
7.3. 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 include one (1) staff member to 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 Tthe foregoing Bylaws and Rules of Procedures, or any
part thereof, may be presented for actionamended at any meeting of the
Committee after not less than a ten (10) days notice has been given to all
members of the Committee. All amendments recommended for approval shall
be approved by a majority of the CDAC members shall be presented to the
Board of Supervisors for final approval.It shall require the concurring vote of not
less than a quorum of the members to make any amendment in these Bylaws.
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 his or hertheir 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 that
financial benefit publicly and the CDACthe 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
his/hertheir decision shall disqualify himself/herselfthemselvesf without reason or
suggestions of his/hertheir 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
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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.
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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