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HomeMy WebLinkAboutItem #03 - Discussion ItemD Joseph R. Grassie APR 13 i?79 City Manager Richard L. Fosmoen ' Assistant City Manager Citizen Participation in Community Development Areas . s: At the last City Commission Meeting, the Commission adopted a resolution requesting the County to hold in abeyance elections currently scheduled in Community Development Target Areas. This was in line with the Commission's decision to hold a series of community workshops in order to receive input from the entire City on the form and function of citizen participation to achieve broader community involvement in the affairs of the City. It was expected that the chairpersons in the C.D. Target Areas would continue to serve on an interim basis until such time as a City-wide citizen participation program could be put into effect. It was expected that a program for broader citizen participation could be discussed with the community in September or October of this calendar year. Since the Commission's action, it has come to our attention that both Wynwood and Little Havana C.D. Target Areas are without chairpersons. The Dade County Community Action Agency (C.A.A.) does have scheduled a series of community elections for the purpose of electing C.A.A. neighborhood advisory groups. In fact, Dade County has in the past given neighborhoods the option of merging the C.A.A. advisory groups with the C.D. Task Force so that duplication of effort in discussing community issues was avoided. The Coconut Grove Community Development Task Force also functions as the C.A.A. organization for Coconut Grove. Since C.A.A. will be holding elections in Wynwood and Little Havana, currently scheduled for June, it seems appropriate that during this interim period when we are examining ways of encouraging neighborhood citizen participa- tion in the affairs of the City, that we merge the C.A.A. and C.D. electoral process in these two neighborhoods, rather than hold separate elections. The C.A.A. Neighborhood Advisory Council consists of an at -large elected committee structure of between 15 and 33 members, elected at -large within the neighborhood. Only those members living within C.D. Target Areas are eligible to vote on C.D. issues, since there are slight variations of the C.A.A. and C.D. boundaries. Anyone who lives, works, owns property or operates a business within the Target Area is eligible to vote and to serve on the Advisory Committee. If the Commission chooses this course of action, we could request C.A.A. to hold a single election in those Target Areas that are currently without chairpersons and use the C.A.A. Advisory Committee as the C.D. Advisory Committee on an interim basis until the City establishes its own C.D. participa- tion guidelines through a series of community forums. 11111 111111 MI C' ti) CITIZEN PARTICIPATION PLAN IN METROPOLITAN DADE COUNTY AND THE CITY OF MIAMI APPROVED BY THE BOARD OF COUNTY COMMISSIONERS, JANUARY 9, 1979 B ,r/.cK2crc�� CONTENTS Community OLvelopment Citizen Participation Plan — Goldenrod Community Action Agency C1.t'1zen Participation Plan Blue Guide] rocs for Committees/Neighborhood Forums in Metropolitan Dade County and the City of Miami White Conduct of Elections ••---Green "SUPPORTIVE DOCUMEf .IS FOLLOW" INDEX OF GUIDELINES SECTION. SECTION I NAME SECTION II MEMBERSHIP SECTION III PARTICIPATION SECTION IV OBJECTIVE OF THE COMMITTEE/ NEIGHBORHOOD FORUM SECTION V DUTIES SECTION VI SECTION VII SECTION VIII SECTION IX SECTION X SECTION XI rAGE 1 1 1 - 2 2 - 3 ROLES GOVERNING CONFLICT OF 3 - 4 INTEREST AND NEPOTISM PETITION FOR RECALL COMMITTEE/NEIGHBORHOOD FORUM ELECTIONS 4-5 5-8 ELECTION OF OFFICERS, TERMS 8 - 9 OFFICE, DUTIES VACANCIES COMMITTEE/NEIGHBORHOOD FORUM MEETINGS 9 - 10 .10 12 SECTION XII SPECIAL MEETINGS 12 - 13 SECTION XIII SUBCOMMITTEES 13 SECTION XIV THE RELATIONSHIP OF COMMITTEE/ 13 - 14 NEIGHBORHOOD FORUM AND STAFF SECTION XV RIGHT OF PETITION TO THE COUNTY OR CITY MANAGER OR DESIGNEE TO ESTABLISH NEW PROGRAM SERVICE AREAS 14 - 16 SECTION XVI AMENDMENTS 17 SECTION XVII ALLOWANCES AND REIMBURSEMENTS 17 - 18 SECTION XVIII PARLIAMENTARY PROCE ES 18 SECTION XIX GLOSSARY 19 "SUPPORT'JF DOl `6' '',='\NTS of- t'. • -COMMUNITY DEVELOPMENT CITIZEN PARTICIPATION PLAN, • • ••.,. • I.• GOALS • • • • 1; 'IF • • .• :U.S. Department of Housing. and Urban Development ;(HUD) regu- • lations governing the Community Development B1ock.Orant (CDBO) ,Program require the establiohment of a formal structure throe, which residents may participate in the planning, implementation, end evaluation of•the program in an advisory role. The regulations specify that. residents- must be given the opportu- nity to help identity community conditions and determine community - needs, help develop corrective strategies, and monitor their .progress and effectiveness. To encourage initial and continuous • •• resident interest and invplvement, information must be•provided on specific program activities and issues of general community eonoern. The goal of this plan to to reduce•isolation from government and from others in the community,•to reduce apathy, and oon- tersely, to increase government•responsiveness. • • .• The regulations specify the minimum requirements of the citizen ••Iparticipation.component of the CDBO Program. However, Dade •.County and the City of Miami are committed to aaxiaum involve- ment of residents in the decisions which affect their futures, ..This plan, therefore, has •been des ' rned to set: the stage for • • the fullest participation Possible; in many oases. it exceeds •the •minimum Peden?. requirements. : �: -, • • .• - •�; N'l w. c. ... .; .' .� • 'r•. •fa/• • rr' - • • -.••••.•• •....•• • ....•_••. .•• • . 1 or •r • e • p II. APPLICABILITY N. This plan will be applicable in all. designed CDBO Program areas except those within the boundaries of _entitlsnent o ti st which may have citizen participation Mans of their own. This plan ••sill apply. if there. is a cooperative agreement for oitisen participation between an entitlement city and Dade County. Such an' agreement, exists between -the City of Miami and Dade County. III. STRUCTURE AND SCOPE • • Central to this plan is the establishment of a recognized body '.or participants organized at both the neighborhood level and • .' .the county -wide level. . t .• . A. The Weighborhood Level t 7 • ' • w • • Partioipation at the neighborhood level take the form • •, Of dither the Neighborhood • forum structure or the.kdvisnry •• Committee structure. "The type of structure to be utilised within a neighborhood will be determined Ebyeligible rest- :L•dents or the airea.' • . .r d : 10 • . ,- I1Y/'�'��� • .. • / ..r .. ;i I'y•• ..i .L• ri , .•/. • r. ., '.... fj ..a • .• . • ..Ii': •C' i Y � �. '•fit•• • .�.\• .• The Neighborhood Forum is an open, highly participatory structure. Any eligible person attending an advertised • •. w •• • publicRestingsay 'participate in discussion of and' voting w� 'on the agenda of that meeting. Partioipation'is thus opin .'•to all eligible persons who attend 'each meeting. The • • :neighborhood -Forum is beaded by a chairperson and vice ebairperson *looted at 'a publio election seen Meigbborhood Forum say also gave o"iecretarp which say be elected or appointed. 'Continuous involvement in the prooess tk is assured through the establishment of standina and aQ C ' hoc committees which study and make recommendations on �t�b'�% '• various issues. An alternative structure, the Advisory Committee, con- . slats of the election of a snumber••ot eligible persons to represent the target area and vote on issues at pu__ blio meetings. All eligible' persons may participate in dis- oussion of issues during public meetings, however, onll the Advisory Committee may vote on all recommended actions. Subcommittees may be formed to study specific issues and • make recommendations to the Advisory Committee. Such subcommittees may contain members, or officers who are eligible persons but may not be members of the Advisory Committee. An Advisory Committee may, upon recommendation• by oitisens and approval by staff, be recognized by both Community Development and Community Action Agency lib the committee relates to their respective program operations and activities. In such instances, only verified eligible persons may participate in.otticial action procedures taken • by the committee relative to CD -related items, Eaoh type of organization will generally be go'erned by the "Guidelines for Committees/Neighborhood Forums in Metropolitan Dade County and the City of MiamiCattached), although they may also establish Other by-laws•to further govern operation, and may establish'suboommittees as needed. .Low and moderate income residents and members of minority .groups must be adequately -represented in the Committees/ Neighborhood Forums. -businesses and civic. groups interested in the CDBp Program must also be included in the citizen participation process through involvement in public forums and Committee/Neighborhood Forum meetings. -3- Or- 1 • • ... • • r: .• . • To.toster the moat effective citizen participation process posblbic,,. Dade County and .the .City *of .Miaai will sake . ;� •,.rsasonab,e tttorts. o. ensure, pontbuilt y at individuals • • . 3n volvem.nt by encouraging continuous participation through- •; eut all stages of the CNN program, from initial planning through asseasment'of program performance. D. The Counts -wide and City -ride Level • Another aspect of the involveaant process is the establish - • went of a County -wide Citizens Advisory Committee and a City=wide Citizens Advisory Cosmatttee. The 26-iosaber Bounty-wido•committee will beSomposed at the ebairpersons • of the target areas and six members apt large appointed by the County Manager, and two members at:•Lrgs appointed by the City tanager. The oity-Mid* oammittee will be • • ' Qooposed of the ehairperioea at the Sit? target areas and the %wo semb.ra at-Iarge appointed by tie City Manager. Tht County -ride Advisory Coemeltt.e will be ha vehicle for citizen participation in planning,, Implementation, and •a*seasarnt in In advisory roil aygarding sounttir-vide and wit! -tart, area 1uaes. All its bearings and meetings • • , .: Xrdu be.: convected •Ry the Dad.. County Quist of Community Development. The City-wide Advisory' Committee will have the same , o1S regarding city-wide issues. Residents will be actively involved In the planning, imple- mentation,end assessment- el' the CDSQ Program'', projects and aotsvit3sa in an advisory capacity. • At a minima, Participation in program implementation will •� include, but not necessarily be limited to, involvement in • 4 ea • LtJ (1) j- ) - 7.3 J O LL. Ica ' an advisory oapacity in policy decisions« The day-to- day operational aspects and decisions related to the program, its projects and activities will not be within • the purview or area of responsibility of tho residents. • Residents will have the right and the opportunity to assess and comment on Dade County's and the City of Miami's Community Development performance. In response. Dade County and the City of Miami will have,the opportunity to provide their own assessments of residents' comments and a summary of any actions taken relative. to the comments received. These comments and responses must then be sub- matted to U.B. HUD as part of Dade County's and the City of Miami's annual performance reports. • Dade County and the City of Miami will.make every reason able effort to provide written responses to residents' • .000plaints within 15 working days,of their receipt. Objections to the application will also be responded to within 15 working days, whenever possible. After Dade County and the City.of Miami submit -their -applications, residents may send complaints direotly. to U.B. BUD. The procedure and criteria for doing so are available from the Offices of Community Development of the County and City. • -While residents is have an opportw.,ty to advise Dade County . • andthe City of Miami regarding the CDBG Program, residents . do not have authority to exercise veto power over We County's and the City of Miami's decisions regarding the program or the application. Final authority rests with the -5- •• M • • .• , ' ileoted, Board of County Commissioners and Board of City Comsits s ioners . Residents will have an opportunity to submitprOJiOt proposals during the planning process. Community Development staff will respond to all proposals within 45 days of the lett public hearing' on neighborhood reoommendations. For arty.proposals submitted at any other time during the 'planning process staff will respond within 60,•days. Public involvement will be required in subsequent pro- • gram amendment and other changes to the application, including selection of.looai option activities: Residents. — will have the opportunity to be informedof local option activities at neighborhood meetings prior to their imple- t • ; aentation. - Vben prior', approval. 07 4he as nda nt by MUD is .requir d, '.residents input 'wi11 •also by r•qu4red and a public -hearing convened, by•Community.Develonment. All other amendments, except those involving disaster activities, will also require the involvement of residents affected. fwsidents+.involvement will also be required in the develop- ment.of the Three -Tear Community DevelopmentlP2an, includ- ing identification of the QOmmunity development and housing needs, and in the setting of priorities; the Housing Assistance Plan, including the annual housing action program; •and the annual. Community Development Program. • .Residents' involvement in the assessment of performance will include assessments in the areas of Dade County's and the 'City 'of ltiami•'s community development performance, that �6- OS • '• of its contractors and • subcontractors, and objective aohivvement. .. ZY. MEETINGS AND HEAR/NOS • ▪ Public meetings will be held in each of the, communities on '•a regular basis to provide residents the opportunity for continuous input into ail, phases of the CDBO process. The meetings.will be for .the • general••purposes -of providing residents with information, soliciting their views, and provl,ging them with an opportunity to comment on Dade County's and the City of•Miami's oommunity•development needs and 'performance.. These meetings will also serve to.keep residents actively involved. in other areas of oommunity.concern. -Public hearings will be held it convenient times and locations khich will encotirage broad community partioipation,.particu- •larly partioipation.by low and moderate, income persons and by residents of blighted neighborhoods. •.Hearing arrangements will also be made to incoueage full partioipation.by elderly and handicapped residents. Pour special hearings will be held during the program year to ,obtain•the views and proposals of residents at the initial stage of application development, to obtain oomments on Dade County,* and the City of Miami's community'development per- formance and to obtain resident's views on the proposed application prior to submission.. •, :In order for residents to review program progress a• nd per- ` -' , tormance, Dade County and the City' of Miami will hold its, performance bearings on the neighborhood, countywide and oityrwide level 60 to 60 days prior to the beginning of the planning cycle for the next program year.' • •f • ' Dade County and the City of-Illami will hold planninr hgprints and citizen reoomthendation=hearings on a target area level. Reoomaendation review hearings will be held on neighborhood, countywide and citywide. levels. 'fin addition to the above mentioned hearings. Dade County and the•City of Miami will ensure the conduct of two additional • bearings before the Board et County Commissioners and Board of City Dommissioaers. The results of tbese•two final hearings will determinb'the final form and content of the Dade County . and tbe'City of Miami CDHQ spplioations prior to submission • to HUD through the A-95 clearinghouse proeess. - Notice 'of Public hearings wilt' .be published ton days in advance 'of hearings in the nolilegal section 0It general air- eulatidni newspapers,. including Minority and non-English language 04 newspapers where appropriate. Reabonable •!torts gill be made to provide notices in neighborhood newspapers serving low and moderate income persons. These'!ay be. in the tors of press releases and must contain, at a minimum, the date, time, place and procedures of the bearing, as well as the topics to be considered. V. TECHNICAL ASSISTANCE '. . Dade County and the City of II .Sai 1ri11 provide technical assistance to the residents as needed so.they.may adequately and intelligently participate in the planning, implementing, and assessing of the CDBQ Program, its proj.ots and activities. • .. Dade County and the City of Miami also provide technical assistance to groups of low and moderate income persons and groups of residents of blighted neighborhoods who request assistance in developing proposals and statements of views. Dade County and the City of Miami will provide technical assistance to residents organising and operating Committees•/ • Neighborhood Forums and tbe.county-wide and city-wide advisory oommitteee in oarrying out their CDBO Program activities; however, -this assistance may not be required at every neighbor- hood meeting. That determination must be made in advance by staff and Committee/Neighborhood Forums. • VI. INFORMATION Dade County and the City of Miami will provide for full public access to program information and affirmative efforts to make adequate information available to residents, especially to those of low and moderate income and to those residing in lower -income. or blighted neighborhoods. At the beginning of the planning process for the next year, Dade County and the City of Miami will provide information about the total amount of CDBO funds available to the County and City for community development and housing, planning and administrative activities; the range of activities that may (/) be undertaken with the new funds and the kinds of activities �"- previously funded in the communities; and processes for 1 0`: development and approval of the local Community Development application and the schedule of meetings and hearings; the Si) 0 role of residents, and a summary of other important program requirements. • 4. Dade County, and the City of Miami will also provide for lull and timely disclosure of program records and information oon- - sistent with applicable state and loom laws, and ordinanoes • •1 regarding personal privacy, obligation of confidentiality, conflict of interest and nodes of ethics. Documents relevant to the program will be made available at the County and City Coi®unity Development offices during normal working hours for resident review upon request. Major documents are also available at the following Miami -Dade Public Library System branches: 'South Dade Regional, Edison. Joseph Caleb Center., Carol City and Downtown. . • VII. ROLES OF THE DADE COUNTY AND CITY OF MIAMI OFFICES OF COMMUNITY DEVELOPMENT AND THE COMMUNITY ACTION AGENCY (CAA) To implement this plan and -other closely -related functions, and in strict adherence to federal rules and regulations as contained, amended and authorised by Title I of the Housing and Community Development Act of 1977 (Public) Law 95-128) the Community Development offices and CAA are responsible • for technical assistance and citizen participation, respectively. The Community Development .Offices .will be responsible for the provision of technical assistance to the residents of low and moderate income, lower -income or blighted neighborhoods, target area Committees/Neighborhood Forums and the Countywide and Citywide Advisory Committees. The Community Development Offices' responsibilities for teohnical assistance will include providing information as stated in Section VI, setting hearing dates and times, assistance to.residents in the application process, planning, and implementing and assessing of the CDBG Program. its projects and activities and other areas where -10- F • itaft level of expertise will enhance the quality of oitisen participation. CAA will be responsible for providing staff support for oitisen participation and for implementation of the citizen participation work plan and guidelines. In accordance with its agreement with Dade County and City of Miami offices of Community Development, CAA will act to ensure organisation of target area Committees/Neighborhood Porums.and their maximum participation in all stages of the CDBO application process, on -going oitisen participation . activities and projects. CAA will also assist.in*support o! the County -wide Advisory Committee. Dade County and City of Miami CD and CAA will provide on -going training for target area officers as needed. "Si PPOF? FOLLOW" -11— ' COMMUNITY ACTION AGENCY CITIZEN PARTICIPATION PLAN I. GOAL AND OBJECTIVE The Community Services Administration (CSA) regulations governing involvement of residents in the decision -making processes affecting their lives calla for establishment of formal structures that would provide opportunities for maxi- mum feasible participation of the poor. Since CAA is established to serve primarily the poor and near poor, it has confirmed the need for such participation.. To that end, the CSA and the local CAA mandate that all CAA plans and programs gust be developed and implemented with maximum feasible participation of the residents of the areas and members of -- the groups served. The purpose of this mandate le to enable. the poor to become self-sufficient and to insure that the community changes and improvements that CAA promotes are res- ponsive and relevant to the low-income residents to whom they are addressed. The three groups designated to carryout the agency's citizen participation mission are the poor, the public sector and the private sector. Extensive and intensive participation by the poor and residents of poverty areas is essential in the planning, conduct and evaluation of programs which affect their lives. .The public sector increases citizen participation effectiveness through its ability to work closely with and enlist the support of state and local public officials and agencies. The private sector serves as a large untapped resource that is of vital importance in the full implementation of any citizen participation R • efforts. This group includes repreientatives of business, labor, religion, .civil rights groups, private social service agencies, health and welfare councils, civic and service organisations, foundations, universities, and private citizens themselves. The CAA's objective is to reduce isolation of the poor and to •improve communications between them and the community at large. The ultimate objective is not to speak for the people, but • 'rather,, to enable them to'speak for themselves. II. APPLICABILITY This plan will be applicable in all Community Action Agency funded programs and program areas and for all citizen partici- pation bodies established for the expressed purpose of imple- menting CAA programs and activities. Whenever applicable this plan will also cover all groups or entities acting as a delegate agency in connection with CAA sponsored and/or CAA funded activities and programs. III. STRUCTURE AND SCOPE Through the formation of.citizen organizations, residents can effectively speak directly on behalf of their interests and views within their immediate areas and within the broader community while working together to reach solutions to problems. Central to the plan is the establishment of two citizen partici- pation structures on the neighborhood level and on• the community - .'.wide level. The neighborhood structure will exist in the form ofcommittees; the oommunity-wide structure will be in the form of an administering board. F The neighborhood level advisory committees may exist in two basic forms. The.committee structure le comprised of a specific number of residents elected to represent its target area. Only members of the committee have voting power. Their decisions should take into consideration input from residents at large and should be reflective of the general concensus of the community and be in the best interest of the community as a whole. This single structure is officially established and recognized by the Community Action Agency and serves as a major part in its citizen participation program. • The other neighborhood committee structure represents a merger between the CAA Committee and the Community Development task force. While this body adopts the committee structure for operation, it is officially established and recognized by both CAA and OCDC as relates to their respective program operations and activities. While this type of structure represents both CAA and CD for citizen participation,.the target boundary areas represented may not beidentical. In such instances, only verified eligible voters of the CD target area boundary may participate in official action procedures taken by the committee relative to CD -related matters. The Neighborhood Forum will elect no less than two (2) member/ officers: Cheirperson and Vice Chairperson. The Neighborhood Forum will either elect a Secretary, or appoint a member to act as a Secretary of each meeting. The exact number of the Committee Members/Neighborhood Forum Officers will be elected for two-year terms. -3- Each type of organization will generally be governed by the • Guidelines for Committees/Neighborhood Forums in Metropolitan Dade County (attached). Although they may also establish other by-laws to further govern their operation, any may establish sub -committees as needed. The other structure, the Administering Board, will be esta- blished at the community -wide level. This Board will have major policy responsibility in establishing agency priorities, budgeting and financial management, program planning and evaluation. The Administering Board will consist of not more than 51 ' members. One-third of the representatives will be selected from the public officials category; one-third will be selected from officials or members of business, industry, labor, religious, welfare, education or other major groups and interests. The final one-third members will be democratically selected poor or their representatives of each CAA target area. Because residents possess talents and resources essential to reducing the problems of poverty, it is important that they participate in all.phases of CAA's Grant Application Prooess and in pre -review meetings with CSA Regional Office field representatives. Because of their unique insight into their own problems and their valuable knowledge about the effects of programs designed for their benefit, participation by 'residents builds understanding and achieves effective communi- cation between the poor and the non -poor, resulting in more relevant, sensitive and effective programs and plans. -4- .,, IV. MEETINGS Notice of all CAA Committee and Administering Board meetings along with meeting agendas shall be provided to each member in writing at least five (5) days in advance of the meeting. Notioes shall also be given to the local public media and posted in all CAA Community Service Centers along with the agenda. CAA shall be responsible for insuring minutes of all meetings are prepared, including all official action taken by Board and Committees, and forward same to all members prior to their next scheduled meeting. Minutes and records of all actions taken by the Board and Committees shall be available for public inspection upon request. In communities in which there are non-English speaking resi- dents, meeting notices, agenda, and minute summaries will. be provided in the language(s) represented in the communities and appropriate interpreters will be available during meetings. V. INFORMATION CAA will provide for full access to program information and affirmative efforts to make adequate information available, especially to those poor and near poor residents. Adequate and reasonable access to information shall include but not be limited to public hearings at the request of appropriate community groups and reasonable access to books and records of the agency or other agencies engaged in program activities or operations involving the use of authority or funds for which it is responsible, and applicable classes of public • tijt., i. . information. Adequate information about standards of pro- gram effectiveness as established by CSA and CAA shall be available to Board and Committee members in order to assist them in planning and evaluating CAA programs,,and in setting priorities for use of funds and other resources. VI. ROLES AND RELATIONSHIPS Minutes and agendas of the CAA Administering Board meetings shall be made available to the Committees, in an effort to establish an open, and cooperative line of communication and understanding between the Board and the Committees. At least once a year a training session shall be held by a training team of the CAA, with the participation of staff and committee members. The areas of training may include: CSA Policies and Guidelines, Methods and Techniques of Community Organisation, Public Relations, Effective Communication and Project Planning, Budgeting and Evaluation. It shall be the reeponsibilitT of the CAA Administering Board to formulate equitable and unbiased policies for Committees. The'E=ecutive Director of the Committee Action Agency shall be responsible for forwarding to. the County Manager, in .writing, all recommendations of the Administering Board per- taining to the Committees which may require action by the Board of County Commissioners, or other County agencies. The County Manager, after determining the legality of such recommendations from the County Attorney, shall submit them to the Board of County Commissioners with his comments, for action. -6- f_. f- Relationships between staff and committee members shall be determined by CSA guidelines, the CAA Administering Board by-laws and Administrative Orders. It shall be the duty of the Center Supervisor to foster a spirit of cooperation between the staff and the Committees. It shall be the duty of the Center Supervisor to identify and develop leadership capabilities among district residents. It shall be the duty of Committee members to become acquainted with all staff members and their duties, to be knowledgeable of existing programs and problems which may have an impact upon the communities in which they reside and/or represent. Committee members should fully participate in the activities and functions of the Center on a volunteer basis. The Committees shall function in an advisory capacity and shall not involve itself in the day-to-day operation and administra- tion of the center. VII. APPLICABLE CSA INSTRUCTIONS 1. 6400-01 2. 7041-1 3. 6005-1 "S LJPoRT1 Dr�,� -7- FOLLOW :GUIDELINES FOR COMMI'PTELsPZIQHBORHOOD FORUM IN METROPOLITAN DADE COUNTY AND THE CITY OF MIAMI SECTION I NAME The name of this Committee/Neighborhood Forum will be the Neighborhood Advisory Committee/Neighborhood Forum, hereinafter referred to as the Committee/Neighborhood Forum. This Committee/Neighborhood Forum shall represent the Target Area wtio::v t►oundzric:i are as recognized try the Board of County Commissioners, the Board of City Commissioners, or their Designee. SECTION II MEMBERSHIP Membership on the Committee, 'or Neighborhood Forum will be solely compoued of those persons 18 years of age and older who are qualified because they reside, are employed, operate a business, or own real property in the Targht Area, but shall not include persons who have a conflict of interest as defined in Section VI or Section XIV of this docurno v�JUPPOR' !VE I- ft DOCUMENT FOLLOW" Participation, excluding voting, at the Neighborhood Forum meetings and Committee meetings will be open to all interested persons. Voting will be restricted to the membership as defined in Section II. SECTION IV OBJECTIVES OF THE COMMITTEE/NEIGHBORHOOD FORUM It will be the responsibility of the Committee/Neighborhood Forum to initiate and to assume a leadership role in the community in order to achieve the following objectives: SECTION III PARTICIPATION —1— A. Involve all persons who have an interest in the target areu. B. Make people aware of community conditions and to encourage the improvement of those conditions. C. Elicit from community residents the identification of problems. D. Identify alternative projects. E. Facilitate two-way communication with government representatives and target area residents, and assist government in communi- cating its program services and benefits to target area residents. F. Recommend priorities. G. Monitor program effectiveness and progress. H. Conduct public meetings. PURPOSE OF THE COMMUNITY FORUM A. Provide an opportunity for the discussion of community problems and related issues. B. Provide opportunity for community residents to identify problems. C. Recommend priorities on community problems. D. Encourage persons to become members of the Committee/ Neighborhood Forum. E. Review the progress of community activities. SECTION V DUTIES ' A. In pursuing objectives indicated in Section IV, the Committee/ Neighborhood Forum shall: 1) Conduct all meetings in a facility accessible to community residents and conducive to the successful conduct of community meeting. 2) .Assist in providing sufficient notice of meetings to community residents. 3) Hold meetings at a time that will allow.maximum citizen • participation. . -2- 4) Establish by-laws, if desired, for the Committee/Neighborhood Forum to be ratified by the majority of its membership present. 5) Review and take official action on subcommittee reports. •6) Make every effort to address and resolve target area concerns • prior to being referred to any other level. Only matters approved by the majority vote of the members present can be referred to any other level. B. Participate in program planning, monitoring and evaluation. In performance of this duty the Committee/Neighborhood Forum will: 1) Provide an opportunity for residents to identify needs and problems. 2) Elicit the recommendation of program priorities for the community. �- — 3) Recognize the general framework and time frame established by 4 - L the appropriate departments for the preparation of specific plans and proposals. J4) Recommend priorities. '.1')0 5) Review progress reports on activities within the target area. SECTION VI RULES GOVERNING CONFLICT OF INTEREST AND NEPOTISM CONFLICT OF INTEREST A Committee or Neighborhood Forum member who receives a personal financial renumeration as a result of action before the Committee or Neighborhood Forum will make known that interest and shall refrain from voting. NEPOTISM A Committee or Neighborhood Forum member why has a member of his immediate family who receives a personal financial renumeration as a result of action before that Committee or Neighborhood Forum•will make known that relationship and will refrain from voting or otherwise participating in such actions. For the purpose of this section a member of an immediate family will include any of the following: -3- Wife, Husband Mother, Mother-in-law Sister, Sister-in-law Daughter, Daughter-in-law Stepfather/Mother Willful violation of these guidelines will constitute malfeasance and may be grounds for recall. SECTION VII PETITION FOR RECALL A petitioner for recall must file with the County Manager's Office and (where appropriate) the City Manager's Office or their Designee, an intent to initiate a recall petition alleging any members of the Committee/Neighborhood Forum with malfeasance or conduct not in the beat interest of the Committee/Neighborhood Forum or conduct that prevents or impedes the program progress in the community. The petitioner will have thirty (30) days from the filing date to submit to the County Manager's Office and the City Manager's Office Father, Father-in-law Brother, Brother-in-law Son, Son-in-law Stepson/Daughter (where appropriate) or Designee the signatures of at least 5% of the residents over 18 from the petitioner's target area defined within these Guidelines. All petitions for recall and all conflict of interest allegations will be submitted in writing to the County Manager's Office, (where appropriate) City Manager's Office or their Designee with a copy to the petitioned member. The County Manager's Office, (where appropriate) City Manager's Office or Designee will review the allegations and if warranted, schedule a formal hearing no later than four weeks following the receipt of the or the City Manager's Office convene a five -member ad hoc petition(s). The County Manager's Office (where appropriate), or Designee will hearing committee. At the conclusion of the hearing the Hearing Committee will deter- mine the validity of the allegations and report its finding to the County Manager's Office, City Manager's Office or Designee. RESTRICTIONS ON COMMITTEE/NEIGHBORHOOD FORUP MEMBERS No Committee/Neighborhood Forum member as an individual will have the authority to chance actiono as voted upon by the Committee/ Neighborhood Forum as a whole; all recommendations submitted will reflect the vote of the majority. Any willful violation of the provisions of this section by a member of the Committee/Neighborhood Forum will be grounds for recall, "S LJ P ORT1V1, SECTION VIII DOCU m ENTS COMMITTEE/NEIGHBORHOOD FORUM ELECTIONS FOLLOW" The Committee will elect no less than 15 and no more than 39 members. A majority of the membership must meet the Community Services Administration Poverty Criteria Guidelines. Each Committee should have one parent representing Head Start, one person representing CAA sponsored Elderly Program, and one person representing the CAA Youth Program. The remaining seats on the Committee should be filled by persona meeting eligibility qualifications as established in these guide]ines. The Neighborhood Forum will elect no less than two (2) members/officers: Chairperson and Vice Chairperson. The Neighbor- hood Forum will either elect a Secretary, or appoint a member to act as Secretary for each meeting. The exact number of Committee Members/Neighbcrhood Forum Officers will be elected for two-year terms. QUALIFIED VOTERS Ruch voter and each candidate for elL_IA on to the Committee/ Neighborhood Forum must be 18 years or older, must reside, be employed, operate a business, or own real property in the target area. In no case will nny individual be a member of a Committee/Neighborhood Forum in more than one target arca. -5- Proof of qualifications as an eligible voter may be a voter's registration card, driver's license, or any reasonable written proof of his/her jdentity and place of residence. Deeds, mortgages, or Homestead Exemption receipts will serve as proof of ownership of property within the community. Proof of employment will be necessary for those working in the area. County or city employees may vote only in those target areas in which they reside. PRE -ELECTION PUBLIC MEETING PROCEDURE The time and place of the Neighborhood Forum pre -election public meeting will be set by the Dade County and (where appropriate) City of Miami Officers of Community Development and both Committee and Neighborhood Forum meetings will be widely publicized two weeks in advance. The meeting will precede the elections by a period of 30 days and not exceeding 45 days. The exact day and place of the o will bedetermined bythe Countyand(where appropriate) � election i l City staff. No fewer than 30 qualified voters must be present at the pre -election public meeting. Registration to vote in the Committee/ Neighborhood Forum election will begin at the pre -election public meeting and will continue for six consecutive calendar days excludinC Sundays, after which registration will be closed. The registration supervisor may reserve the right to request additional verification of voter qualification. FILING FOR CANDIDACY All persons wishing to become candidates must fi],e the Candidate Qualification Form with the Executive Director of the Community Action Agency or his designee during the six (6) day registration period. All potential candidates must be registered voters in the target area. The candidates will bear the recponsi- -6- hility for conduct of their campaigns. Staff will be prohibited from participating in any and all campaign -related activities. ELECTION PROCEDURES Elections will be held within the period of at least 30 days and not to exceed 45 days following the pre -election public meeting. Voting will be by secret ballot and will be supervised by the County Manager's Office and (where appropriate) the City Manager's Office, or Designee. Voting by proxy or absentee ballot will not be permitted. The elections will be widely publicized in the community and in various media. Election procedures will be posted in public and prominent places in the target areas, no less than two weeks before the scheduled date for the election.. Ballots and election notices will be multi-lingual, and appropriateinterpreters will be present at all elections if there is a substantial number of non -English-speaking residents. A uniform ballot will be prepared prior to the election listing all candidates in alphabetical order. Qualified voters will be given ballots which they will place in a sealed ballot box after casting their votes. The time of balloting will be determined by qualified voters at the target area pre -election public meeting. At the close of the polls, the ballot box will be sealed and signed by the designated pollworkers. Thest '-coxes will be taken directly to the appropriate Dade County and/or (where appropriate) City of Minmi Office for security. At the start of business.the next morning, the ballot boxes will be opened at the appropriate Dade County and/or (where appropriate) City of Miami Office by the -7- designated tellers and the ballots tabulated to determine winners of the elections. The candidates; their representatives, and the public may witness the unsealing of the ballot boxes and the tally of the ballots. Upon completion of the vote tally, the tellers will certify the results. The director of the agency involved (City/County as appropriate) will officially announce the winners of the election. The Dade County Office of Communications will promptly prepare and distribute a press release announcing the election results. Within ten (10) working days after the election, the Committee will meet to establish a regular meeting time and place and elect • . officers. SECTION IX ELECTION OF OFFICERS, TERMS OF OFFICE, DUTIES OFFICERS Officers of the Committee will be elected by a majority vote of the members of the Committee provided there is a quorum present. Officers will include but not be limited to: 1) Chairperson 2) Vice Chairperson 3) Secretary Officers of the Neighborhood Forum will include a Chairperson and Vice Chairperson who will be elected according to election pro- cedure in Section VIII. • The Neighborhood Forum shall elect/appoint a Secretary. ELECTION OF OFFICERS Election of Committee Officers will be held every two years, .8- at the first Committee meeting following the election by secret ballot. Committee/Neighborhood Forum officers will begin their terms at the first meeting following their election. DUTIES OF CHAIRPERSON The Chairperson will preside at all Committee/Neighborhood Forum meetings. He will provide the subcommittees the opportunity to present their recommendations to the membership for action. He will also serve as Target Area representative on the County Wide/ City-wide Advisory Committee. He will reflect action approved by the full membership rather than action of individual members. He will assist the staff in the preparation of agendas. DUTIES OF VICE CHAIRPERSON The Vice Chairperson will, in -the absence of the Chairperson, become Acting Chairperson of the Committee/Neighborhood Forum with all tho rights, privileges, and powers. In case of resignation of the Chairperson, the Vice Chairperson will assume the office of the Chairperson. DUTIES OF SECRETARY The Secretary will be responsible for recording all minutes and other records of the Committee/Neighborhood Forum. In the absence of the Chairperson and Vice Chairperson, the Secretary will assume the duties of Chairperson. SECTION X •VACANCIES DQC1` t_. ..t. FOLLG" A vacnncy on the Committee/Neighborhood Forum will be deter- -9- mined to exist under the following conditions: A. Absence from three. consecutive meetings without proper notification. B. Recall or removal for conflict of interest (Section VI and ViI). C. Upon Committee/Neighborhood Forum acceptance of written resignation. Letter of resignation will be addressed to the Secretary of the Committee/Neighborhood Forum with a copy to the Chairperson and the Office of the County Manager and (where appropriate) City Manager, or Designee. When, for any reason, a vacancy occurs on the Committee, the Committee will elect a new Committee member. A simple majority vote of the Committee will be sufficient to fill such vacancy, provided a quorum is present. Voting will be by secret ballot. Voting by proxy or absence ballot will not be permitted. • . If a vacancy occurs on a Neighborhood Forum the vacancy will be filled. The County Manager and (where appropriate) City of Miami Manager will have the option of calling a special election meeting or appointing temporary officers until the next regularly scheduled election. If any Committee Member/Neighborhood Forum officer is absent for three consecutive meetings, the Secretary will notify the individual in writing that he has ten (10) days in which to provide justification acceptable to the Committee/Neighborhood Forum for the absence. The lack of a response of acceptable justification will automatically terminate the member's term. SECTION XI COMMITTEE/NEIGHBORHOOD FORUM MEETINGS The quorum•required for any meeting of the Committee will be 50 percent plus one of the membership. The quorum required for any -10- meeting of the Neighborhood Forum will be a minimum of 15 eligible voters. In the absence of a quorum, the meeting may be rescheduled. If after two consecutive meetings a quorum has not been attained, anti' will act upon the matters before the Committee/Neighborhood Forum and will report its action to the Committee/Neighborhood Forum at the next. regularly scheduled meeting. A. Meeting:: will be held at a day, time and place to be decided by staff and the Committee/Neighborhood Forum officers. B. A].1 meetings will be open to the public. C. Meeting notices will be sent to Committee/Neighborhood Forum Officers in advance of the scheduled meeting. D. Information on issues requiring action will be made available to the Committee/Neighborhood Forum Officers so that there is a reasonable time for consideration prior to voting. E. nummaric: of proceedings will be prepared by CAA staff of all meetings attended by staff. VOTING Any Committee member may vote on any issue, unless there exists a conflict of interest as defined in Section VI. Each Committee member will have one vote. .Voting by proxy or absentee ballot will not be permitted. ]n the Neighborhood Forum structure, each member of the forum may vote L. indicated above. Providing a quorum is present, as defined in this section, . a -11- cTh tee, simple majority of those voting will be sufficient to take action on any matter. ORDER OF BUSINESS The order of business for Committee/Neighborhood Forum meetings may constitute the following: 1. Acceptance of Agenda 2. Minutes of Preceding Meeting 3. Reports of Officers 41. Reports of Subcommittees 5. Reports of Staff 6. Unfinished Business 7. New Business 8. Announcement 9. Adjournment PARLIAMENTARY PROCEDURES The rules contained in Robert's Rules of Order Revised will govern the Committee/Neighborhood Forum in all cases in which they are applicable, and in which they are not inconsistent with the Guidelines/By-laws or the special rules of order of the Committee/ Neighborhood Forum. SECTION XII SPECIAL MEETINGS A special meeting may be held under the following conditions: A. When requested at a regular meeting by a majority vote of the members present. B. When requested in writing by one-third of the members of the Committee or by no less than 15 members of the Neighborhood Forum. -12• - C. When called by the Dade County and/or (where appropriate) City of Miami Offices of Community Development. SECTION XIII SUBCOMMITTEES The Committee/Neighborhood Forum will establish Subcommittees ns necr::uary and appropriate. The Subcommittee will elect a Chairperson from its body. The duties of these Subcommittee's will be: A. To articulate issues, define problems and needs of the community which have been identified at community meetings or other sources. 0. To study and propose alternative solutions for those needs and problems. C. To develop programmatic objectives in relation to those problems or issues. D. To recommend priorities to the Committee/Neighborhood Forum. E. To recommend action to the Committee/Neighborhood Forum on propo:.cd program::. F. '/'o review Community Development activity reports as requested by the Committee/Neighborhood Forum. SECTION XIV THE RE1.AT1ONSHIP 01' COMMITTEE/NEIGHBORHOOD FOJWM AND STAFF THE COMM1'i"I'I E/Nl i GII}iORIIOOD FORUM Committee/Neighborhood Forum members are encouraged to become acquainted with staff members and their duties, to be knowledgeable of tl►u cx i :.t into programs and problems which may have an impact upon -13- the community they represent. Committee/Neighborhood Forum members participate in the activities and functions of the community on a volunteer basis. Upon written request, Committee/Neighborhood Forum members will be provided with a,statement of their volunteer time. The Committee/ Neighborhood Forum will function in an advisory capacity. The operation and supervision of programs, projects, and staff will be the responsibility of the administration. THE STAFF The administration will identify to the Committee/Neighborhood Forum and to each Subcommittee the staff member(s) who will carry primary responsibility for staff support, as well as the secondary staff member(s) who will back up the primary persons when needed. Staff is responsible for the dissemination of accurate program information. With the exception of those employed by the Dade County and (where appropriate) City of Miami Offices of Community DeyeloinnenL and CAA, staff may participate in Committee/Neighborhood Forum as qualified voting members and may hold office provided they live within the target area. City and County employees who only work in a target area may not vote or hold office. Any person:; whose income is wholly or partially supported by the County or City Officen of Community Development will be considered an employee of that office and therefore be prohibited from participating. SECTION XV RIGHT OP PETITION TO THE COUNTY OR CITY MANAGER OR DESIGNEE TO ESTABLISH NEW PROGRAM SERVICE AREAS -14- Thin Section will apply only to areas outside existing Community Development Target Areas or Neighborhood Strategy Areas. The right of petition will govern the following: - When citizens feel inadequately represented on the Committee/ Neighborhood Forum. - When the Committees/Neighborhood Forums identify the need to establish a program service area. - When the Committees/Neighborhood Forums identify the need to to estahllzh a geographical service area. - The right to Petition shall apply to all special interest groups. The following questions will serve as a guide when requests for appeal are reviewed: 1) Goes the request for representation or waiver significantly Influence the quality of citizen input? 2) Does the request for representation or waiver complement City, Mrtr•r,, State and/or federal rules and regulations? 3) Doris the request for representation or waiver have signifi- c:irit nr•r;:rt, ivy Implications in respect to an efficient citizen partici- pation t,roc,s. h) Doe:; the request for representation or waiver relate signifi- cantly to other legally established governmental citizen advisory :;I.ructuri '? 5) 1)o :: thr• request for representation or waiver relate to a rit.1'.:en participation function or activity, or geographic area/ potrulatior, tr, which the general purpose government has a responsibility or : pre 1:,1 Interest? Thr• request for appeal should include specific information mm rlr•rcrtl,ing the: -15- ▪ Purpose of the request. Expected target area benefits to be obtained; — Special conditions peculiar to the target area making the request; — Existing target area representation; and — Description of compliance with governing rules and regulations. • SECTION X V i • AMENmmnn T S All proposed amendments to these guidelines must be submitted to the County Manager's Office and (where appropriate) City Manager's Office, or 1)r:.it;nec for consideration within a reasonable time. SECTION XVII ALLOWANCES AND R1,IMBU1;SFh1RN TS 1', ri►►ltioi►::: For purpose of this article allowance is defined as a payment 'bade to an individual for actual attendance at a meeting to assure and encourage his/her attendance at a meeting. Reimbursement is a 1,:,ym.•►,t made to an i.ndividu'al to'cover the cost of certain expenses actually inc►►rred an a result of attendance at a meeting or 1n per— fonwincc• of other official duties and responsibilities ir, connection with a community action program. A t:►eetlr►E; is considered to take place when proper notification 1►;►:: 10CV/I m;u1r• invitirr, the participants to attend. A i'r•r:,. i may he rr 1 d an allowance as long 3:: his/her family in^.omc• f:•.1]:: within OE0 poverty guidelines, and as lone as he/sbe i:. lint a fc.•cicrr►1 employee, not an employee of the CAA or delegate agency, :and not an employee of a state or local agency. . Allowance are limited to five dollar:. (' .00) per meeting pro— vided such reimbursement shall not exceed ten collars ($10.00) in any l;l vc n month. Such allowances are limited to two mectin,;s per moll h rc•f;;►rd1.: . of whether the meetings are for the same or.differcnt — 17 — • • p. • Ip' policy making bodies. Travel reimbursement may be made to ani from official appoint- ments by the least expensive, convenient means of transportation. This shall be by public transportation, or when no public transporta- tion is available, by taxi, or by private automobile travel at a rate not to exceed 10 cents a mile. Women traveling unescorted to meetings after dark may be reimbursed for actual taxi fart: paid even when, convenient public transportation is available. In case:: where there is group riding only the Council member providing the vehicle shall be reimbursed. The poor, only, may be reimbursed for the actual costs necessarily incurred for the care of their young children while they attend an official meeting. The hourly rate paid mu:;t be comparable to that usually paid in the area for such'serviccs. In no event shall the rate of hourly reimbursement exceed the federal minimum wage (currently $2.90). Receiving an allowance does not preclude receiving a reimburse- ment for actual expenses incurred in attending that meeting. SECTION XVIIJ PARr.IAFWF TARY PROCEDURES The ru)es contained in Robert Rules of Order Itevi::rd :;hall govern the Council in all cases to which they arc apj>) lc:ab).r, :uicl which they are nct inconsistent with the eeid 1incs or the special rules of order of the Council or the CAA A'lmini:;terii>1- hoard. - 18 - SECTION XIX GLOSSARY CANDIDATE QUAI,IF[CATION FORM - Form used to determine eligibility rind qualifications of candidates. CITIZEN I'AR'1'lCIPATION - That process by which individuals and groups involve themselves to fulfill common needs and to accomplish particular Foal: through meaningful input into the governmental planning process. COMMIIN ITY Fm tJM - A well publicized community meeting intended to :r:: foc:1I point, for the discussion of community problems and needs. COUNTY VI►NIr:1 OR OTHER PUIddC FUNDS - Dade County serving as the conduit or t,r•:rrrtee 1'or• the distribution of said funds. EMPLOYMENT - LIalarled, recorded employment or self-employment within the target area from which the individual receives at least 50% of total income. MONITORING AND EVALUATION - That process by which cit.1zer' ::Userve, examine, and track the progress of program activiti,., wnich have been mutually identified by them and their locums buvernments and insure that goals and objectives are met. I'EI1:;oNAL FINANCIAL RFNUMERATION - Compensation received as a result of action before the Committee or Neighborhood Forum. PIlor;HAM PLANNING - That process by which citizens are involved in 1dc•nt.lfylnc; community problems, establishing priorities and developing program and project plans. I'Itlsi, Ir' III;AH I N(; - A formal meeting conducted by the County at which c.rnnmrrn 1 t•y r)•:; l dent:; may voice concerns, issues, pertaining to community activities. Q11A1,i l•'J }:Ir VOTER - A person qualified to vote because he or she is 18 year•:, of ny , resides, is employed, operates a business, or owns real properly in the target area. QUOhUM - Fifty percent (';007) plus one of the Committee members. No less than ]', members of Neighborhood Forum. nI'API0 - Employed; of Metropolitan Dade County, City of Miami, partici- pating municipalities, and subcontractors thereunder. :ll)It-COMMITTEE - A working committee whose 1 ..c.pobe it is to 11r greater detail a community priority. NEI GIIholdlooD VO}UJM - A group recognized by the County/City Office or Irc::ignee representing the Target Area. address Manager's NI lr,IMoRI1r)O1r AI)ViFORY COMMITTEE - An elected group ranging in size from 1') to Yl member::, recognized by the County/City Manager's Office c,r Ire•,, 1 gniq• representing the Target Area. 4 • - 19 - COMMITTEE/NEIGHBORHOOD FORUM ELECTION GUIDELINES • • CANDIDATES' POLLWATCHER3 •I.. CANDIDATE'S NAME ON BALLOT The Supervisor of Elections shall print on the ballots to be used in the election the names of candidates who have filed and who have not withdrawn. The names of the can- didates for the respective offices shall be arranged • alphabetically by surname. Candidates may use a nickname such as William "Bill" Jones, but may not use a title, examples of which are Rev., Dr., or Mrs. • II. WHEN NAMES NOT TO BE PRINTED ON BALLOT No candidate's name shall be printed on the ballot if such candidate has notified the Executive Director of the Dade County Community Action Agency in writing, under oath, on • or before the 7th day before the election, that he will not accept the office. No candidate will be allowed to • • have his name withdrawn from the ballot after the 7th day before an election. The name of a candidate, whose death occurs after the 7th day before the election, shall be stricken from the ballot with a rubber stamp or by any other appropriate means. III. POLLWATCHERS 1. Each candidate may have one watcher in each polling place at any one time during the election. Each can- didate requesting to have poliwatchers shall designate, in writing, poliwatchers for each precinct and shall sub- mit the list of watchers to the clerk of each precinct between 7:30 a.m. and 8:00 a.m. on the day of the election. It a candidate submits the names of more than one watcher 6 for any precinct, the list shall also contain the time periods in which each watcher is to be present in the polling place. 2. Each watcher shall be a qualified and registered elector in the election in which he serves. No candidate or member of his immediate family, to include parents, brothers, sisters, spouae,.or•ch idren, me be designated as a poll - watcher. • 3. The purpose of a palwatcher is to observe the conduct of the election. It a pollwatcher sees or hears.any- thing that does not comply with these guidelines, or wishes to'chalienge a voter's tiight to vote, he must inform the clerk, who is the Supervisor of Election's representative •in the polling place. % l - DOC J Stip �� ;� r • 5 FOLLOW/Y.. Poi1i&1chers art not to speak to any poliworkers or any 'lector, wih two exceptions: a. Mhen inttrifig the polling place, the watcher is to give hit name to tte clerk. b. io chailinke an elegtor's right to vote, the latoher Shall infdrip the clerk and ask for the Oath of Person Entering Challenge of Elector" form whibh must be filled out. 15. Pgqiliatcher$ a}'e nbt illowed to be directly in front Of the registration arid check -in tables or in the area or the voting b obt h s at arty time. 6. Pdllwatohers Are not allowed to wear or display any oalnpaign paraphernelia.• IV. CANDIDATE AND POLLWATCHER BRtIEFING 14 .CM any 4ay not more,thah 7 days prior to the election .day, the Exabdtive bireetor of the Community Action ��doy or his reprisentat ve, in conjunction with the dgqtione Depkrt�neht, shall conduct a briefing for all bandidates and their poll atchere. Each candidate shall e.Hotiried by letter at least 48 hour$ prior to the briefing of the tits and place. 6. the tirpoee ,0t the briefing is to answer any questions trhioh the brhdidatee or their pollWatohers have regard- ing election guidelines. If possible, the briefing should be held in conjdnotion with the testing of the tabulating equipment. (See IX). . ELECTION RULES: PREPARATION V. 4LECTIO1 BOARD tDepectbrs bill be start members or either the Dade 4 bt dotmnunit$ Action Akenoy or the Bader County Elections artment. The,elerk shall be a Dade County Elections Department official. VI. 'ohm Oy BALLOT CARDS b ballot card' ire to be s Kilted Actress the top o p lilted the title and date o 'aids shall be prenumbered c No. 1." Official ballot c ihdp►ber equal to 100 percent VII. IAMYLL DALJOTS • Sample ballots Shall be fua� The sample ballots shall b 4,' o Arai pplied by the Supervisor of the ballot stub shall be the election. The ballot rtj», beginning with all be printed in a 'registered electors. hod to each polling place. .the form of the official ***********************************************c * * * The original from which this microfilm * * ,� was taken was awfully {poor. * Phis is the hest photograph we obtai n. could bi >; * *****************************************fie*****; 4 . •• ballot as it will appear at that pollinc on election day and shall be open to inspection by all electors in the election. VIII. VOTING BOOTHS There shall be 'provided a minimum of one'voting booth for every 250 qualified electors registered for that election. • .IX. TESTING OF TABULATING EQUIPMENT; NOTICE 1. 0n any day not more than 10 days prior to the election day, the Supervisor of Elections shall have the auto- matic tabulating equipment tested to ascertain that the equipment will correctly count the votes cast for all offices. Each candidate shall be notified by letter at least 48 hours prior to the test. of the time and place. The Supervisor of Elections or his deputy and the Executive Director of the Community Action Agency or his representa- tive shall certify to the accuracy of the test. The test shall be open to all candidates, the press, and the public. 2. The test shall be conducted by processing a preaudited group of ballots so punched to record a predetermined number of voted votes for each candidate and shall include one or more ballots which have votes in excess of the number allowed by law in order to test the ability of the automatic tabulating equipment to reject such votes. The test shall be repeated immediately before the start of the official count of the ballots in the same manner as set forth above. After completion of the count, the test shall be repeated. X. WRITE-INS • Write-in candidates or votes are .not permitted in Committee/ Neighborhood Forum Elections. ELECTIONEERING 1. The following activities are not permitted within 100 yards of any polling place on the day of any election: a. Distribution of any political or campaign material. b. Solicitation of any votes, opinion, or contribu- tion for any purpose. c. Solicitation of a signaty^e on any petition. d. The sale of any item except in an established place of business. • 2. Campaign material or literature shall not be posted within 100 yards of any polling place. • .! r. ` 1 • FOLLOW" i' 3. Candidates are not permitted within 100 yards of any polling place during the hours of voting on the day of any election except for the purpose of casting their vote. However, this provision does not apply to candidates who remain within the confines of a private residence or an established place of business falling within 100 yards of a polling place. M. Electors are permitted to wear campaign buttons while casting their vote. ELECTION DAY ACTIVITIES III. OPENING AND CLOSINO OF POLLS The polls shall be open at the voting place at 8:00 a.m. on the day of the election and shall be kept open until 8:00 p.m. of the same day. XIII. PERSONS ALLOWED IN POLLING PLACES As many electors Keay be admitted to vote as there are booths available, and no person who is not in line to vote may come within 15 feet of any polling place from the opening to the closing of the polls, except the officially designated watchers, the inspectors, the clerks of election, and the supervisor of elections or his deputy. However, a municipal or county polies officer may enter the polling place with permission from the clerk or a majority of the inspectors. Ill. PROCEDURES BEFORE THE POLLS OPEN 1. The election board shall take and sign the oath of office. 2. The ballot box shall be inspected to insure that it ••is empty and is sealed with a numbered seal. The seal number is recorded on Certificate No. 1 which is then signed by each member or the election board. 3. •The stub boxes are inspected to insure that they are empty. The gum labels are dated and signed by each member of the election board. One seal is pasted across the top of each stub box so that it cannot be opened without breaking the seals but so as not to cover the slot into which the ballot stubs will be inserted. XV. INSTRUCTIONS' TO ELECTORS 1. For the instruction of electors on election day, the Supervisor of Elections shall provide at each polling place a model illustrating the ma:.ner of voting. The model shall be located at a place which voters must pass to reach the official voting booth. ..« 2. Before entering the voting booth, each voter shall be offered instructions in voting by use of the instruction model, and the elector shall be given ample opportunity to operate the model by himself. In instruct- ing voters, no precinct official may show partiality to any candidate. XVI. VOTING PROCEDURE 1. The elector will be directed to the registration check -in table. The inspector will locate the .elector's name in the precinct register and will ask the voter to sign his name in the designated space. If the elector is inable to write, he will sign his mark. The inspector shall compare the signature on the precinct register with the signature on the elector's registration form and, if necessary, require other identification. If the inspector is reasonably sure that the person is entitled to vote, he shall initial the ballot stub of the next ballot card to be issued and enter the consecutive number printed on the ballot stub on the registration card. The inspector will then issue to the elector the ballot card and a secrecy envelope and direct him to one of the voting booths. The elector 01111, without leaving the polling place, retire alone to a voting booth and shall proceed to cast his ballot in secret. 2. After voting his ballot, the elector shall insert his ballot card into'his secrecy envelope, so that the attached stub is visible, and hand it to the inspector at the ballot box who shall detach the stub and return the ballot to the elector to deposit in the ballot box in the presence of the inspector. The detached stub is then inserted in the stuff box by the inspector. • PERSON DESIRING TO VOTE MAY BE CHALLENGED; CHALLENGER XVII. TO EXECUTE OATH; OATH OF CHALLENGED ELECTOR; DETERMINA- TION OF CHALLENGE 1. When the right to vote of any person who desires to vote is questioned by any elector or watcher, the challenge shall be reduced to writing with an oath as provided in this section, giving reasons for the challenge, which shall be delivered to the clerk or inspector. Any elector or authorized pollwatcher challenging an elector at an election shall execute the oath set forth below: OATH OF PERSON ENTERING Ct'nT.LENGE State of Florida 'County of Dade I do solemnly swear that my name is ...; that I am ... years old; that my residence is on ... street; and that I have reason to believe that ... is attempting to vote • -5- Illegally and the reasons for my belief are set forth herein to wit: '(Signature of person chailengtne voter) Sworn and subscribed to before this ... day of .... 29... (Clerk of election) 2. before a challenged elector is permitted to vote by any officer or person in charge of admission to the polling place, his right to vote shall be determined in accordance with the provisions of subsection 3. The. clerk or inspector shall immediately deliver to the Challenged elector a copy of the oath of the person entering the challenge and shall request the challenged elector to execute the following affidavit: ' OATH OF CHALLENGED VOTER State of Florida County of Dade • I do solemnly swear that my name is ..:, that I am ... Tears old; that I personally made application for' registration and signed my name and that I am a qualified voter in the ... election tor the following reason(s): 1. Resident of the target area. Address: 2. Employed in the target area. Name of Business: Address: 3. 'Operate a business in the target area. Name of Business: Address: M. Own real property in the target area. Address: '(Signatureof voter) Sworn and subscribed to before me this ... day of ..., 19... (Clerk of election or Inspector) (Any inspector or clerk'of election may administer the oath.) 3. If the challenged person refuses to make and sign the affidavit, the clerk or inspector shall refuse to allow him to vote. If such person makes the affidavit, the inspectors and clerk ot.elect.on shall compare the information in the affidavit with that entered on the registration form, and upon such comparison of the informa- tion and his signature and the making of other evidence which may then be offered, the clerk and inspectors shall decide by a majority vote whether the challenged person may vote. r r. • XVIII. ELECTORS SEEK/NO ASSISTANCE; PROCEDURE I. Any elector applying to vote in any election who is unable to read or write or who, because of some physical disability, needs assistance in voting may request assistance of two election officials or some other person of his own choice, who has not previously given assistance to any other person during the election, to assist him in casting his vote.. Any such elector, before retiring to the voting booth, may have one of the election officials read 'over to•him, without suggestion or inter- ference the titles of the offices to be filled and the candidates therefor. After the elector requests the aid of the two election officials, or the person of his choice, they shall retire to the voting booth for the purpose of casting the elector's vote according to the elector's choice. 2. It shall be unlawful for any person to be in the voting booth with any elector except as provided in subsection.i. 3. The election board shall maintain a list of persons giving assistance to insure that no individual assists More than one elector during the election. XIX. ELECTOR WHO SPOILS BALLOT Any elector 'Who shall by mistake, spoil a ballot, may return it to the inspector who shall immediately detach the stub and destroy the ballot without examination, and give the elector another ballot. In no case shall an elector be furnished with more than three ballots. The inspector shall keep a record of all ballots destroyed. XX. MARKINO MORE NAMES THAN PERSONS TO BE ELECTED • 0 If the elector punches more names than there are persons " 7 to be elected to an office, his ballot shall not be r- - • counted for that office, but this shall not invalidate O () the ballot as to any other office on which names are -1 properly punched. , XXI. EXAMINATION OF EQUIPMENT DURING VOTING n'1 A member of the election board shall occasionally examine the face of the voting booth and the ballot information to determine that they have not been damaged or tampered with. XXII. CLOSINO THE POLLS • At 8:00 p.m., an inspector makes a public proclamation that the polls are closed. Those electors standing in line at 8:00 p.m. are allowed to cast their ballot. A. After the last elector has voted, the voting booths are disassembled. All candidates, poliwatehers, and members of tho news media may enter the polling place at this time -7- 1 11 •. to witness the breaking of the seal on the ballot box, the logi,o and accuracy test, and the tabulation of the voted ballots. 8. The seal on the ballot box is verified against the number entered on Certificate No. 1. The seal is broken and the voted ballots are removed. 4. The voted ballots are tallied by use of the automatic tabulating equipment. §. If any'baliot card is damaged or defective so that it cannot properly be counted by the automatic tabulating equipment, duplicate copy shall be made of the damaged ballot card in the presence of witnesses and substituted for the damaged ballot. All duplicate ballot cards shall be clearly labeled "duplicate," bear a serial number which shall be recorded on the damaged or defective ballot card, and be counted in lieu of the damaged or defective ballot. After duplicating a ballot, the defective ballot shall be placed in an envelope provided for that purpose, and the duplicate ballot shall be tallied with the other ballots for that precinct. • 6. The number of voted ballots, taken from the tabulating equipment count, is added to the number of unused and spoiled ballots to ascertpin whether such number corresponds with the number of ballots issued. If there is a difference, this fact shall be noted on the Ballot Accountability Form is signed by the precinct clerk and two inspectors. 7. The results printed by the automatic tabulating equip- ment shall constitute the official results of the election. Upon completiod of the count, the results shall be open to the nubile. If the results for any office reflect that a candidate was defeated by one-half of a percent or less of the votes cast for such office, the Executive Director of the Community Action Agency shall' order a recount of the votes cast with respect to such office to begin at 10:00 a.m. 'on the day following the election. If there is a discrepancy between the election night results and the recount results, the recount results shall be presumed correct and such votes shall be canvassed accordingly. If a race ends in a tie, the outcome shall be determined by lot. • 8. A signed gum label seal shall be pasted over the slot in each of the stub boxes so as to prevent any more stubs from being inserted. • 9. The tabulation program, test deck, vated ballot cards, spoiled ballot cards, and the result shall be sealed in a storage container and are retained by the •Executive Director of the Community Action Agency or his designated representative. • •. .o• 10. Each member of the election board shall then sign Certificate N. 2. ELECTION PROTEST; CERTIFICATION •XXIII. PROTEST OF ELECTION RETURNS Any candidate or elector qualified to vote in the election shall have the right to•protest the results as being erroneous by filing with the Executive Director of the Community Action Agency a sworn, written protest within five days of midnight of the date the election is held. XXIV. ELECTION.CERTIFICATION The Executive Director bf the Community Action Agency shall certify the results of the election between the 6th and 8th day following the date of the election. Prior to certifying the results, the Executive Director of the Community Action Agency shall have reviewed all letters of protest, investigated the allegations, and taken the action deemed necessary. ELECTION VIOLATIONS; FLORIDA STATUTES, CHAPTER 104 XXV. FALSE SWEARING Whoever willfully swears.or affirms falsely to any oath or affirmation, or willfully procures another person to swear or affirm falsely to an oath or affirmation, in connection with or arising out of voting, registration, or elections shall be in violation of Section 104.011, Florida Statutes. XXVI. CONSIDERATION FOR REGISTRATION Any person who gives anything of value that is redeemable in cash to any person in consideration for his becoming a registered voter shall be in violation of Section 104.012, Florida Statutes. This section shall not be interpreted, however, to include such services as transportation to the place of registration or babysitting in connection • with the absence of an elector from home for registering. XXVII. FRAUD IN CONNECTION WITH CASTING VOTE attempting to perpetrate or any fraud in connection with or attempted to be.cast, shall 104.041, Florida Statutes. Any person perpetrating or aid in the perpetration of any vote cast, to be cast, be in violation of Section -9- „ "Sv1 r' ` j F;,� 1' .-1 - i ,a DOCUM t°� Fo LLON14' a !/."• •• IXVIII. CORRUPTLY INFLUENCING VOTING 1. Whoever, by bribery, menace, 3hreat, or other cor- ruption whatsoever, either directly or indirectly attempts to influence, deceive, or deter any elector in voting at any election with him in the tree exercise of his right to vote at any election shall be in violation of Section 104.061, Florida Statutes. 2. Whoever shall directly or indirectly give or promise anything of value to another intending thereby to buy his or another's vote or to corruptly influence him or another in casting his vote, shall be in violation of Section 104.061, Florida Statutes. However, this shall not apply to the serving of food to be consumed at a political rally o'r meeting. XXIX. VOTING FRAUDULENT BALLOT Any elector who knowingly votes or attempts to vote a fraudulent ballot, or any person who knowingly solicits, or attempts, to vote a fraudulent ballot shall be in violation of Section 10.16, Florida Statutes. XXX. CASTING MORE THAN ONE BALLOT AT ANY ELECTION Whoever willfully votes more than one ballot'at any election shall be in violation of Section 104.18, Florida Statutes. XXXI. DISTRIBUTION OF LITERATURE AGAINST A CANDIDATE ON ELECTION • DAY It shall be a violation of Section 104.15, Florida Statutes, for any candidate or other person to distribute or cause to be distributed on the day of any election any pictures, cards, literature, or other writing against any candidate. XXXII. SOLICITATION NEAR POLLING PLACES • Any person who, within 100 yards of any polling plane on the day of any election, distributes or attempts to dis- tribute any political or campaign material, solicits or attempts to solicit any vote, opinion, or contribution for any petition, or, except in an established place of business, sells or attempts to sell any item shall be in violation of Section 104.36, Florida Statutes. • 10 - • i • II II •.s.s •I, OATH OF CANDIDATE Before me personally appeared • (Please Print Name as you Wish it to , who has filed as a candidate for Appear on the Ballot) the office oT in the target area; who is a qualified elector of the Committee/Neighborhood Forum Election for the target area; and who is qualified under the Guidelines for Committees/Neighborhood Forums in Metropolitan Dade County and the City of Miami to hold the office 'to which he was nominated.' The candidate fails under one or more of the following categories: 1. Head Start Parent 2. Participant in a CAA sponsored Elderly Program 3. Participant in a CAA sponsored Youth Program 4. Falls within Community Services Administration Poverty Criteria Guidelines • 5. None of the Above Signature of Candidate Street Address { City State Zip Code The above Candidate Qualification Form wa7 subscribed before me this day of . 19 • Signature Mice Title