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HomeMy WebLinkAboutProvisional Adoption of Ordinance No. 1795, regarding bike board Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Presented by: John Van Delinder, Street Superintendent Approved by: Debbie Arkell, Public Services Director Compiled by: Aimee Kissel, Deputy City Clerk SUBJECT: Ordinance No. 1795, amending Chapter 2.78 of the Bozeman Municipal Code providing for membership changes and confirming additional duties and responsibilities for the Bozeman Area Bicycle Advisory Board. MEETING DATE: November 29, 2010 MEETING TYPE: Action RECOMMENDATION: Provisionally adopt Ordinance No. 1795, providing that Chapter 2.78 of the Bozeman Municipal Code be amended providing for membership changes and confirming additional duties and responsibilities for the Bozeman Area Bicycle Advisory Board. BACKGROUND: The Bozeman Area Bicycle Advisory Board has identified the need for members to represent the interests of the Montana State University student body, the Bozeman High School student body, and the residents of Gallatin County to more fully address matters relating to bicycling in the greater Bozeman area. The Board has requested that these positions be added to their membership by the City Commission. This request requires changes in Chapter 2.78 (Ordinance No. 1594) of the Bozeman Municipal Code which describes the Bozeman Area Bicycle Advisory Board. Therefore, Ordinance No. 1594 has been revised with attached draft Ordinance 1795. While making these changes, staff and board members felt it prudent to also update this Chapter to reflect changes in the board’s duties and responsibilities arising from Resolution No. 4246, approved in March, 2010. Changes between original Ordinance 1594 and newly drafted Ordinance 1795 are highlighted in yellow. FISCAL EFFECTS: Fiscal affects would be minimal and include the costs associated with the management of several additional board members by the Citizen Advisory Board Coordinator. ALTERNATIVES: 1) Provisionally approve Ordinance No. 1795 with changes recommended by the Commission. 2) Deny the request for amendments to Chapter 2.78 BMC. Attachments: Draft Ordinance No. 1795, Resolution No. 4246, and Ordinance No. 1594 Compiled in August, 2010 with revisions 11-18-10 126 ORDINANCE NO. 1795 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING CHAPTER 2.78 OF THE BOZEMAN MUNICIPAL CODE PROVIDING FOR MEMBERSHIP CHANGES AND CONFIRMING ADDITIONAL DUTIES AND RESPONSIBILITIES FOR THE BOZEMAN AREA BICYCLE ADVISORY BOARD. WHEREAS, on the 24th day of September 1990, the Commission adopted Commission Resolution No. 2817, creating the Bozeman Area Bicycle Advisory Board; and WHEREAS, on the 28th day of April, 2003, the Commission finally adopted Ordinance No. 1594 providing that the Bozeman Municipal Code be amended by adding Chapter 2.78 of said code, providing for the creation of the Bozeman Area Bicycle Advisory Board and establishing the duties and responsibilities thereof; and WHEREAS, the Bozeman Area Bicycle Advisory Board has identified the need for members to represent the interests of the Montana State University student body, the Bozeman High School student body, and the residents of Gallatin County in order to more fully address matters relating to bicycling in the greater Bozeman area; and WHEREAS, on the 22nd day of March, 2010, the Bozeman City Commission approved Commission Resolution No. 4246, Authorizing the Bozeman Area Bicycle Advisory Board to raise funds for the purpose of supporting activities for bike to work week and bicycle safety awareness and education; and WHEREAS, the Bozeman Area Bicycle Advisory Board would like to add to their duties and responsibilities by organizing, sponsoring or participating in events with the aim to increase cycling participation, promote safety and educate the community. 127 Ordinance No. 1795, Amending Ch. 2.78, Bozeman Area Bicycle Advisory Board NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana: Section 1 That Chapter 2.78 of the Bozeman Municipal Code be amended to read as follows: CHAPTER 2.78 BOZEMAN AREA BICYCLE ADVISORY BOARD 2.78.010 Creation The City Commission shall appoint a Bozeman Area Bicycle Advisory Board, hereinafter referred to as "board," and designate the board to act as the advisory board to the City Commission on matters relating to enhanced bicycle circulation, community-wide bicycle education and safety programs, and other matters relating to bicycling in the Bozeman area. 2.78.020 Membership A. The board shall consist of up to eleven (11) voting members and one non- voting liaison to be appointed by the City Commission. One (1) member shall be a student of Montana State University. One (1) member representing Gallatin County may be recommended by the Gallatin County Commission and appointed by the City Commission. One (1) additional non-voting liaison shall be a student of Bozeman High School. Members of this board shall serve two (2) year staggered terms. Each member may be reappointed without any limitation on the number of reappointments. Vacancies shall be filled in the same manner as original appointments for the balance of the term remaining. B. With the exception of the non-voting High School liaison, only persons of legal age may be appointed to the board. High School representatives under age 18 must provide a signed consent from a legal guardian stating they may participate in board activities. A majority of the board shall be residents of the city. Non-resident members of the board shall have some interest in the city by virtue of working in the city, owning property in the city, or entering the city frequently for any lawful purpose. In addition, the members should be knowledgeable of bicycling and/or traffic safety in the Bozeman area. C. The City shall pay only the expenses of the board which have been authorized by vote of the City Commission prior to said expense being incurred. Members shall serve without compensation for their time and services. 2.78.030 Meetings Meetings of the board shall be conducted in accordance with all applicable rules and regulations of the City of Bozeman and the adopted bylaws of the board. 128 Ordinance No. 1795, Amending Ch. 2.78, Bozeman Area Bicycle Advisory Board 2.78.040 Duties and Responsibilities The board shall have the following duties and responsibilities: A. The board shall provide advice and recommendations to the City Commission on matters before the City Commission which may have an impact on bicycling, insofar as it may relate to usage of public streets and other public ways by bicycles. B. The board shall provide advice and recommendations to the City Commission regarding bicycling issues pertaining to the Parks, Open Space and Trails Master Plan and the Greater Bozeman Area Transportation Plan. C. The board may organize, sponsor or participate in events with the aim to increase cycling participation, promote safety and educate the community. D. The board may have such other duties and responsibilities as the City Commission may, from time to time, direct. 2.78.050 Authority The actions of the board shall be advisory only and shall not constitute policy of the City and shall not be binding upon the City Commission or upon the City. The City may adopt all or any part of any recommendation of the board, with or without any changes made by the City Commission, as City policy. Section 2 Repealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed. Section 3 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. Section 4 Severability. If any portion of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions of this ordinance which may be given effect without the invalid provisions or application and, to this end, the provisions of this ordinance are declared to be severable. Section 5 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. Section 6 Codification Instruction. 129 Ordinance No. 1795, Amending Ch. 2.78, Bozeman Area Bicycle Advisory Board The amended provisions of Sections 1 shall be codified as appropriate in Title 2, Chapter 2.78 of the Bozeman Municipal Code. PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the ___ day of ________, 2010. _______________________________________ JEFFREY K. KRAUSS Mayor ATTEST: _____________________________________ STACY ULMEN, CMC City Clerk PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, on second reading at a regular session thereof held on the _________ day of ____________ 2010. The effective date of this Ordinance is _____ day of _____________ 2010. ____________________________________________ JEFFREY K. KRAUSS Mayor ATTEST: ________________________________________ STACY ULMEN, CMC Clerk of the Commission APPROVED AS TO FORM: ____________________________________________ GREG SULLIVAN City Attorney 130 Ordinance No. 1795, Amending Ch. 2.78, Bozeman Area Bicycle Advisory Board BYLAWS OF THE BOZEMAN AREA BICYCLE ADVISORY BOARD ARTICLE I - CREATION The Bozeman Area Bicycle Advisory Board, hereinafter referred to as "Board," was created the 24th day of September 1990 by City Commission Resolution No. 2817. Additional members and staggered terms were then created the 28th day of April 2003 by City Commission Ordinance No. 1594. ARTICLE II - OBJECTIVES The Board shall act in an advisory capacity to the City Commission in matters relating to enhanced bicycle circulation, community-wide bicycle education and safety programs, and other matters relating to bicycling in the Bozeman area. ARTICLE III - DUTIES AND RESPONSIBILITIES The Board shall have the following duties and responsibilities: A. The board shall provide advice and recommendations to the City Commission on matters before the City Commission which may have an impact on bicycling, insofar as it may relate to usage of public streets and other public ways by bicycles. B. The board shall provide advice and recommendations to the City Commission regarding bicycling issues pertaining to the Parks, Open Space and Trails Master Plan, the Greater Bozeman Area Transportation Plan and other similar planning documents. C. The board shall organize, sponsor or participate in events with the aim to increase cycling participation, promote safety and educate the community. D. The board may have such other duties and responsibilities as the City Commission may, from time to time, direct. ARTICLE IV - OFFICE OF AGENCY, STAFF SUPPORT The Board shall maintain its offices in the office of the City staff person designated to assist the Board. The staff person so designated shall attend most meetings of the Board and will be responsible to assist the Board in the scheduling of meetings, preparation and distribution of agendas and minutes, and providing notification of Board activities to interested parties. The staff person shall serve as the liaison between the Board, the City Manager and the City Commission. ARTICLE V - MEMBERSHIP A. Selection 131 Ordinance No. 1795, Amending Ch. 2.78, Bozeman Area Bicycle Advisory Board The board shall consist of up to eleven (11) voting members and one non-voting liaison to be appointed by the City Commission. One (1) member shall be a student of Montana State University. One (1) member representing Gallatin County may be recommended by the Gallatin County Commission and appointed by the City Commission. One (1) additional non-voting liaison shall be a student of Bozeman High School.A majority of the board shall be residents of the city. Non-resident members of the board shall have some interest in the city by virtue of working in the city, owning property in the city, or entering the city frequently for any lawful purpose. In addition, the members should be knowledgeable of bicycling and/or traffic safety in the Bozeman area. B. Terms of Members Members of this board shall serve two (2) year staggered terms. Each member may be reappointed without any limitation on the number of reappointments. C. Resignations and Vacancies Resignations from the Board shall be submitted in writing to the City Clerk, with a copy to the Chair. Vacancies shall be filled in the same manner as original appointments for the balance of the term remaining. D. Removal from Office 1. Any appointee may be removed from office by a majority vote of the City Commission. 2. Three (3) unauthorized consecutive absences from regularly scheduled Board meetings shall be grounds for removal as a member of the Board. Absences shall be authorized by the Chairman or Vice-Chairman. E. Compensation/Expenses The City shall pay only the expenses of the board which have been authorized by vote of the City Commission prior to said expense being incurred. Members shall serve without compensation for their time and services. ARTICLE VI - OFFICERS AND THEIR DUTIES A. The Board shall elect from its voting members a Chair, Vice-Chair and Recording Secretary at its first regular meeting of each calendar year. If the Board desires, they may instead elect Co-Chairs in lieu of Chair and Vice-Chair. B. The Chair shall preside at all meetings of the Board and shall exercise the duties normally conferred by parliamentary procedure on such officers. The Chair 132 Ordinance No. 1795, Amending Ch. 2.78, Bozeman Area Bicycle Advisory Board may call special meetings, and generally perform other duties as may be prescribed by the Board or City Commission. The Chair shall initiate items for discussion and recognize all matters brought up for discussion before the Board. C. The Chair, Vice-Chair and Recording Secretary shall vote as members of the Board. D. The Chair will vote only to break a tie vote. E. The Vice-Chair shall have the authority to act as Chair in the absence or disability of the Chair. F. In the event of the absence of the Chair and Vice-Chair, the members of the Board shall select an Acting Chair. G. The Recording Secretary shall be responsible for taking, preparing and distributing minutes of all meetings. In the absence of the Recording Secretary, the Chair shall appoint any member present to act in the capacity of the Recording Secretary. After Board approval of the minutes, one set shall be sent to the Clerk of the Commission, as the official record of the meeting. ARTICLE VII - MEETINGS A. Regular Meetings The Board shall hold regularly scheduled meetings as frequently as necessary to fulfill its function and not less often than quarterly. A regular meeting place for the board shall be established. B. Special Meetings The Chair of the Board, the staff person assisting the Board, or any two (2) members of the Board may call special meetings of the Board as needed. C. Quorum A majority of the appointed members shall constitute a quorum. D. Open Meetings and Documents All meetings, committee meetings and documents of the Board shall be open to the public. Reasonable public notice shall be given prior to meetings. E. Rules of Order 133 Ordinance No. 1795, Amending Ch. 2.78, Bozeman Area Bicycle Advisory Board 10 Meetings of the Board shall be conducted according to Robert’s Rules of Order, unless otherwise specified in these Bylaws. A member of the board or the City staff person assisting the Board may be designated by the board Chair to serve as parliamentarian. No action of the Board is official, however, unless authorized by a majority of members present at a properly called meeting at which a quorum is present. F. Ethical Requirements All council activities and members are subject to all provisions of the Bozeman Municipal Code, including Chpt. 2.01, Code of Ethics. A member of the Board who has a financial interest in an item under consideration by the Board shall declare a conflict of interest and shall not participate in the Board discussion and vote taken on the item. Board members shall be bound by all applicable provisions of the Code of Ethics adopted by the City of Bozeman. In such event of disqualification from a conflict of interest, such fact shall be entered into the minutes of the meeting. G. Open Meeting Laws All meetings of the Council shall be subject to Montana open meeting laws and may not be held with less than 48 hours notice. All written and electronic information shall be considered a public record and subject to disclosure pursuant to Montana law. H. Ordinance No. 1795, shall prevail if discrepancies occur between Ordinance No.1795 and these bylaws. ARTICLE VIII - OPERATING POLICY No person shall, on the basis of race, creed, sex, sexual preference, color, age, national origin, marital status, disability, religion, membership or any other constitutionally recognized right shall be excluded from membership or participation in, or be denied the benefits of, or be subject to discrimination under any program or activity acted upon by the Board. ARTICLE IX - COMMITTEES Special committees may be appointed by the Chair for purposes and terms which the Board approves. Ex officio members may be nominated by the Board for selection by the City Commission. ARTICLE X - AMENDMENTS Bylaw amendments may be introduced in writing by any member of the Board at a regular meeting. Action by a majority of the Board on the amendments may be taken on second reading at any future regular meeting. Bylaws shall not be amended in conflict with City of Bozeman policies or ordinances and the City Commission shall be provided with copies of Bylaw amendments. The City Commission may invalidate or modify amendments by a majority vote. 134 Ordinance No. 1795, Amending Ch. 2.78, Bozeman Area Bicycle Advisory Board 10 Bylaw amendments, once adopted by the board, shall be forwarded to the office of the City Clerk for inclusion in the official Bylaws, and the official Bylaws and all Bylaw amendments shall then bear the signature of the current Chair. ADOPTED by the Bozeman Area Bicycle Advisory Board this ________ day of ______________ 2010. ___________________________________________ BAKER LYON Chair, Bozeman Area Bicycle Advisory Board ___________________________________________ ELIZABETH WILLIAMSON Vice-Chair, Bozeman Area Bicycle Advisory Board ACCEPTED by the City Commission this ______ day of _____________________ 2010. ______________________________________ JEFFREY K. KRAUSS Mayor ATTEST: _____________________________________ STACY ULMEN, CMC City Clerk 135 ORDINANCE NO 1594 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN MONTANA PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING CHAPTER 2 98 OF SAID CODE PROVIDING FOR THE CREATION OF THE BOZEMAN AREA BICYCLE ADVISORY BOARD AND ESTABLISHING THE DUTIES AND RESPONSIBILITIES THEREOF WHEREAS on the 24th day of September 1990 the Commission adopted Commission Resolution No 2817 creating the Bozeman Area Bicycle Advisory Board and WHEREAS Commission Resolution No 2817 provides for five members with one yeartermstoexpireonDecember31ofeachyearand WHEREAS the Bozeman Area Bicycle Advisory Board has identified the need for more members and staggered two year terms to ensure adequate members to carry the duties and responsibilities of the Board NOW THEREFORE BE IT ORDAINED by the City Commission ofthe City of Bozeman Montana Section 1 That the Bozeman Municipal Code be amended by adding Chapter 2 98 to read as follows CHAPTER 2 98 BOZEMAN AREA BICYCLE ADVISORY BOARD 2 98 010 Creation The City Commission shall appoint a Bozeman Area Bicycle Advisory Board hereinafter referred to as board and designate the board to act as the advisory board to the CityCommissiononmattersrelatingtoenhancedbicyclecirculationcommunitywidebicycleeducationandsafetyprogramsandothermattersrelatingtobicyclingintheBozemanarea 2 98 020 Membership A The board shall consist of up to nine 9 members to be appointed bytheCityCommissionMembersofthisboardshallservetwo2yearstaggeredtermsEachmembermaybereappointedwithoutanylimitationon the number of reappointments Vacancies shall be filled in the same manner as original appointments for the balance of the term remaining B Persons of legal age may be appointed to the board A majority of the board shall be residents of the city Non resident members of the board shall have some interest in the city by virtue of working in the city owning propertyinthecityorenteringthecityfrequentlyforanylawfulpurposeInadditionthe 136 members should be knowledgeable of bicycling and or traffic safety in the Bozeman area C The City shall pay only the expenses of the board which have been authorized by vote of the City Commission prior to said expense being incurred Members shall serve without compensation for their time and services 2 98 030 Meetings Meetings of the board shall be conducted in accordance with all applicable rules and regulations of the City of Bozeman and the adopted bylaws of the board 2 98 040 Duties and Responsibilities The board shall have the following duties and responsibilities A The board shall provide advice and recommendations to the CityCommissiononmattersbeforetheCityCommissionwhichmayhaveanimpact on bicycling insofar as it may relate to usage of public streets and other public ways by bicycles B The board shall provide advice and recommendations to the CityCommissionregardingbicyclingissuespertainingtotheParksOpenSpace and Trails Master Plan and the Bozeman Urban Area Transportation Plan C The board may have such other duties and responsibilities as the CityCommissionmayfromtimetotimedirect 2 98 050 Authority The actions of the board shall be advisory only and shall not constitute policy of the CityandshallnotbebindingupontheCityCommissionorupontheCityTheCitymayadoptallor any part of any recommendation of the board with or without any changes made by the CityCommissionasCitypolicy Section 2 ReDealer All resolutions ordinances and sections ofthe Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed Section 3 Savings Provision This ordinance does not affect the rights and duties that matured penalties that were incurred or proceedings that were begun before the effective date of this ordinance Section 4 Severability If any portion of this ordinance or the application thereof to any person or circumstance is held invalid such invalidity shall not affect other provisions ofthis ordinance which may be given effect without the invalid provisions or application and to this end the provisions of this ordinance are declared to be severable 2 137 Section 5 Effective Date This ordinance shall be in full force and effect thirty 30 days afterfinal adoption PASSED by the City Commission of the City of Bozeman Montana on first reading at a regular session thereof held on the 14th day of April 2003 ATTEST STEV4Kl J RO IN L SULLIVAN Clerk of the Commission PASSED ADOPTED AND APPROVED by the City Commission of the City of Bozeman Montana on second reading at a regular session thereof held on the 28th day of Apri 1 2003 A STEVEN R KIRC OFF Mayo ATTEST Lo Clerk of the Commission APPROVED AS TO FORM y 3 138 BYLAWS OF THE BOZEMAN AREA BICYCLE ADVISORY BOARD ARTICLE I CREATION The Bozeman Area Bicycle Advisory Board hereinafter referred to as Board was created 2003 by City of Bozeman Ordinance No 1594 ARTICLE II OBJECTIVES The Board shall act in an advisory capacity to the City Commission in matters relating to enhanced bicycle circulation community wide bicycle education and safety programs and other matters relating to bicycling in the Bozeman area ARTICLE III DUTIES AND RESPONSIBILITIES The Board shall have the following duties and responsibilities A The board shall provide advice and recommendations to the CityCommissiononmattersbeforetheCityCommissionwhichmayhaveanimpact on bicycling insofar as it may relate to usage of public streets and other public ways by bicycles B The board shall provide advice and recommendations to the City Commission regarding bicycling issues pertaining to the Parks Open Space and Trails Master Plan and the Bozeman Urban Area Transportation Plan C The board may have such other duties and responsibilities as the City Commission may from time to time direct ARTICLE IV OFFICE OF AGENCY STAFF SUPPORT The Board shall maintain its offices in the office of the City staff person designated to assist the Board The staff person so designated shall attend all meetings of the Board and will be responsible to assist the Board in the scheduling of meetings preparation and distribution of agendas and minutes and providing notification of Board activities to interested parties The staff person shall serve as the liaison between the Board the City Manager and the City Commission ARTICLE V MEMBERSHIP A Selection The board shall consist of up to nine 9 members to be appointed by the City Commission Persons of legal age may be appointed to the board A majority of the board shall be residents of the city Non resident members of the board shall have some interest in the city by virtue of working in the city owning property in the city or entering the city frequently for any lawful purpose In addition the members should be knowledgeable of bicycling and ortraffic safety in the Bozeman area n139 B Terms of Members Members of this board shall serve two 2 year staggered terms Each member may be reappointed without any limitation on the number of reappointments C Resignations and Vacancies Resignations from the Board shall be submitted in writing to the Clerk of the Commission with a copy to the Chair Vacancies shall be filled in the same manner as original appointments for the balance of the term remaining D Removal from Office 1 Any appointee may be removed from office by a majority vote of the City Commission 2 Three 3 unauthorized consecutive absences from regularly scheduled Board meetings shall be groundsforremovalasamemberoftheBoardAbsences shall be authorized by the Chairman or Vice Chairman E Compensation Expenses The City shall pay only the expenses of the board which have been authorized by vote of the City Commission prior to said expense being incurred Members shall serve without compensation for their time and services ARTICLE VI OFFICERS AND THEIR DUTIES A The Board shall elect from its voting members a Chair Vice Chair and Recording Secretary at its first regular meeting of each calendar year S The Chair shall preside at all meetings of the Board and shall exercise the duties normally conferred by parliamentary procedure on such officers The Chair may call special meetings and generally perform other duties as may be prescribed by the Board or City Commission The Chair shall initiate items for discussion and recognize all matters brought up for discussion before the Board C The Vice Chair and Recording Secretary shall vote as members of the Board D The Chair will vote only to break a tie vote E The Vice Chair shall have the authority to act as Chair in the absence or disability of the Chair F In the event of the absence of the Chair and Vice Chair the members of the Board shall select an Acting Chair G The Recording Secretary shall be responsible for taking preparing and distributing minutes of all meetings In the absence of the Recording Secretary the Chair shall appoint any member present to act in the capacity of the Recording Secretary After Board approval of the 2 n140 minutes one set shall be sent to the Clerk of the Commission as the official record of the meeting ARTICLE VII MEETINGS A Schedule of Meetings The Board shall hold regularly scheduled meetings as frequently as necessary to fulfill its function and not less often than quarterly A regular meeting place for the board shall be established B Special Meetings The Chair of the Board the staff person assisting the Board or any two 2 members of the Board may call special meetings of the Board as needed C Quorum A majority of the appointed members shall constitute a quorum D Open Meetings and Documents All meetings committee meetings and documents ofthe Board shall be open to the public Reasonable public notice shall be given prior to meetings E Rules of Order Meetings of the Board shall be conducted according to Robert s Rules of Order unless otherwise specified in these Bylaws A member of the board or the City staff person assisting the Board may be designated by the board Chair to serve as parliamentarian No action of the Board is official however unless authorized by a majority of members present at a properly called meeting at which a quorum is present F Conflict of Interest A member of the Board who has a financial interest in an item under consideration by the Board shall declare a conflict of interest and shall not participate in the Board discussion and vote taken on the item Board members shall be bound by all applicable provisions of the Code of Ethics adopted by the City of Bozeman In such event of disqualification from a conflict of interest such fact shall be entered into the minutes of the meeting ARTICLE VIII OPERATING POLICY A Discrimination Prohibited No person shall on the basis of race creed sex sexual preference color age national origin marital status disability religion membership or any other constitutionally recognized right shall be excluded from membership or participation in or be denied the benefits 3 141 of or be subject to discrimination under any program or activity acted upon by the Board ARTICLE IX COMMITTEES Special committees may be appointed by the Chair for purposes and terms which the Board approves Ex officio members may be nominated by the Board for selection by the City Commission ARTICLE X AMENDMENTS Bylaw amendments may be introduced in writing by any member ofthe Board at a regular meeting Action by a majority of the Board on the amendments may be taken on second reading at any future regular meeting Bylaws shall not be amended in conflict with City of Bozeman policies or ordinances and the City Commission shall be provided with information copies ofBylawamendments Bylaw amendments once adopted by the board shall be forwarded to the Clerk of the Commission for inclusion in the official Bylaws and the official Bylaws and all Bylaw amendments shall then bear the signature of the current Chair ADOPTED by the Bozeman Area Bicycle Advisory Board this day of 2003 Chair ACCEPTED by the City Commission this day of 2003 STEVEN R KIRCHHOFF Mayor ATTEST ROBIN L SULLIVAN Clerk of the Commission 4 142 143 144 145