BY-LAWS OF THE PUBLIC TRANSIT ADVISORY BOARD
ARTICLE 1. CONSTITUTION
Section 1. Provisions for establishment of the Public Transit Advisory Board (hereinafter PTAB) are provided in Resolution No. 101-76 as adopted by the Sioux Falls City Commission on April 19, 1976, and as amended on August 29, 1983, in Resolution No. 219-83, and on December 15, 1986, in Resolution No. 433-86, and on
September 7, 1993, in Resolution No. 299-93. The responsibilities of the Board are designated by Executive Order.
ARTICLE 2. MEMBERSHIP AND APPOINTMENT
Section 1. Members must be registered voters of the city with due regard to proper representation of such areas as private transportation providers, public transportation riders, advocates of the elderly and people with disabilities, and representatives of the safety industry, school district, and general public. Board members are appointed by the Mayor with the advice and consent of the City Council. The Board shall consist of up to seven members who serve three-year terms for a maximum of two consecutive full terms. An appointed person may continue to serve the Board for up to an additional four months after the expiration of his/her term of office until a replacement is appointed and approved. If any person is appointed to serve an unexpired term and serves less than one-half of that remaining unexpired term, then that person would be eligible to serve an additional two consecutive full terms of office.
Section 2. Each member appointed shall receive orientation materials regarding, at a minimum, the form of City government, the City Conflicts of Interest ordinance, the state open meeting laws, and the basic rules of parliamentary procedure.
Section 3. Any member may withdraw from the Board by giving written notice to the Mayor or the chairperson of the Board. Any vacancy in the membership of the Board shall be filled in the same manner as for appointment.
Section 4. Any vacancy on the Board shall be filled for the unexpired term of the member vacating the Board in the same manner as is required for the regular appointment.
ARTICLE 3. OFFICERS AND THEIR DUTIES
Section 1. The officers of PTAB shall consist of a chairperson and a vice chairperson.
Section 2. The chairperson presides at all meetings and hearings of PTAB, assures proper order of the Board members and the public in all proceedings, signs all documents needing a signature of the Board, and may act as the representative of PTAB to outside persons and other organized boards as necessary.
Section 3. The vice chairperson has the full powers of the chairperson in his (her) absence, disqualification, or disability. In the absence of the chairperson, however, the vice chairperson cannot change rules and does not serve as an ex officio member of committees.
Section 4. If the chairperson and the vice chairperson are absent, the most tenured
Board member present shall call the meeting to order and preside.
ARTICLE 4. ELECTION OF OFFICERS AND APPOINTMENTS
Section 1. The chairperson and vice chairperson of PTAB shall be elected annually by
PTAB members at the May meeting and assume their duties at the June meeting.
Section 2. Officers’ terms shall be for one year. No officer shall be elected for more than two consecutive years in each of the elected positions available. After the lapse of one year, he or she may be elected again to the same office.
ARTICLE 5. STAFF OF THE BOARD AND THEIR DUTIES
Section 1. City Planning office staff shall serve as the liaison between the Mayor and
City Council, the City, and PTAB.
Section 2. Transit Planner—Advises the Advisory Board and City Council on matters related to transit, planning, and development, and coordinates and administers the work of other staff and consultants; prepares all documents for presentation to the Advisory Board; and assists the Advisory Board in the exercise of their duties. The Transit Planner or designee shall have the privilege to address the Public Transit Advisory Board during regular meetings.
Section 3. Legal Counsel—The City Attorney or designee shall serve as legal counsel to the Advisory Board; prepares memoranda of law as requested by the Advisory Board; and reviews drafts of ordinances, resolutions, and by-laws, and their amendments.
ARTICLE 6. MEETINGS
Section 1. PTAB shall establish a monthly meeting schedule. If the regular meeting falls on a designated City holiday, then the regular meeting shall be held on the previous week on the same day. The chairperson of the Board may cancel or postpone a meeting at any time. Meeting dates for the following year shall be set on the last meeting date of each calendar year.
Section 2. Regular meetings shall be held on the fourth Monday of every month except in May which will be held on the third Monday due to a holiday. No regular meeting will be held in December of each year.
Section 3. Special meetings of PTAB may be called at any time by the chairperson or vice chairperson. Special meetings are noticed official meetings, open to the public, during which the Board deliberates and may take votes on specific items. Whenever a special meeting is called, a notice in writing signed by the chairperson or vice chairperson requesting the meeting shall be prepared by and filed with the City Clerk and served upon each member of the Board either in person, by facsimile, or by email. The notice shall state the date and hour of the meeting and the purpose for which such meeting is called. No business shall be transacted at the meeting except such as is stated in the notice. No special meeting shall be held until at least 24 hours after the call is issued.
Section 4. The members of PTAB shall be notified at least five days in advance of the time and place of regular or special meetings.
Section 5. All regular and special meetings of PTAB shall be open to the public.
ARTICLE 7. FORM AND CHARACTER OF MOTIONS
Section 1. Unless otherwise specified, Robert’s Rules of Order Newly Revised, shall guide the proceedings at the meetings of PTAB.
Section 2. Upon review of the full public record and due deliberation among the members of PTAB, any of its members, except the chairperson, may make a motion; the motion may be seconded or shall die for a lack of a second. The motion shall include approval, approval with special conditions, or denial, and preferably a recitation of findings which support the motion.
ARTICLE 8. QUORUM AND VOTING RIGHTS
Section 1. A majority of the members presently appointed shall constitute a quorum for transacting the official business of the Board. A quorum may consist of a simple majority of those presently appointed as members.
Section 2. The chairperson votes only in the event of a tie vote.
Section 3. Abstention from voting shall not be counted in the determination of a motion but shall be recorded.
ARTICLE 9. INSTRUMENTS AND DOCUMENTS
Section 1. The official instruments of the Board are the record of notice, the agenda, and the minutes of hearings and meetings.
Section 2. All notices, agendas, requests, agency or consultant letters or reports, citizen petitions, maps, photographs, staff reports, and minutes of hearings and meetings shall constitute the documents of the Board and shall be indexed as a matter of public record and be maintained in the City Planning office.
Section 3. A printed agenda shall be prepared in advance of all meetings. The agenda shall consist of the time and place of the meeting and specific descriptions of the topics to be discussed. The format of all Board agendas shall include the following:
1. Meeting Procedures
2. Approval of PTAB Agenda
3. Approval of PTAB Meeting Minutes from past meeting
4. Public input on nonagenda items
5. New Business
6. Old Business
Section 4. The draft minutes for a meeting shall be posted on the City website within ten working days following the meeting. A set of approved minutes shall be kept and maintained by City Planning office staff. Minutes shall contain a record of attendance, actions taken, numerical results of votes taken, and specific descriptions of items discussed.
Section 5. All records, files, publications, correspondence, and other materials available to the public for reading, copying, and other purposes are governed by the Freedom of Information Act.
ARTICLE 10. LETTERS OF ADVOCACY
Section 1. Upon receipt of a written request, the chairperson of PTAB may appoint an emergency committee to write a letter of advocacy or determination for a project or proposal in need of immediate action.
Section 2. The committee shall consist of two to three Board members, appointed by the chairperson, with staff and the chairperson serving as ex officio members.
Section 3. The letter of advocacy or determination will be signed by the chairperson of the Board. If there is a conflict of interest, the chairperson shall designate the vice chairperson to sign the letter.
Section 4. The topic will be placed on the next meeting agenda and a copy of the letter shall be presented to the Board.
ARTICLE 11. CONDUCT OF MEMBERS OF THE BOARD
Section 1. Members of PTAB shall make every attempt to attend all meetings and shall take such time as necessary to prepare themselves for hearings and meetings.
Section 2. In the event that a member has three consecutive unexcused absences or five absences, excused or unexcused, in a calendar year, the member’s position on the Board will be reviewed by the chairperson of the Board and the City Planning office staff who will make a recommendation to the Mayor on the status of that member.
Section 3. In matters concerning ethics and conflicts of interest, Ordinance No. 88-95 shall apply. If, during discussion or a vote on any agenda item, the topic is in conflict of interest with one of the PTAB members, that member will make the other PTAB members aware of the possible conflict of interest, may remove him or her self from the discussion, and shall abstain from voting.
Section 4. The Mayor, with the confirmation of the City Council, shall after public hearing, have authority to remove any member of the Board for cause, in which case shall be stated in writing and made a part of the record of such hearing.
ARTICLE 12. CONDUCT OF PERSONS BEFORE THE BOARD
Section 1. During all public meetings and working sessions, members of the public shall be given equitable opportunity to speak. Comments relating to an item should be addressed before PTAB. Where a comment is irrelevant, inflammatory, or prejudicial, the chairperson may instruct PTAB to “disregard” the comment, which nevertheless, remains in the public record.
Section 2. At the beginning of each public meeting, and as necessary during the meeting, the meeting rules shall be presented to the public. These rules are therefore presented publicly and enforced by the chairperson for each agenda item.
Section 3. During all regular and special meetings and working sessions of PTAB, the public may be present but shall remain silent unless specifically invited by the chairperson to provide comment.
Section 4. During all PTAB proceedings, members of the public have the obligation to remain in order. Any conduct which interferes with the equitable right of another to provide comment or which interferes with the proper execution of PTAB affairs may be ruled by the chairperson as “out-of-order” and the offending person directed to remain silent. Once having been so directed, if a person persists in disruptive conduct, the chairperson may entertain a motion to “eject” that person from the PTAB meeting. Where the person fails to comply with the successful motion to eject, the chairperson may then call proper authority to physically remove the individual from the meeting room for the duration of the meeting or for the period of deliberation on that item.
ARTICLE 13. AMENDMENT
Section 1. These by-laws may be amended or new by-laws adopted at any regular or special meeting of PTAB, provided written notice of the proposed change is given at least five business days in advance of the meeting.
Section 2. An amendment or new by-law requires a two-thirds vote of the members present and voting.
Section 3. The amended or new by-laws shall go into effect 30 days after the date of passage.
ARTICLE 14. AUTHORITIES FOR ALL BOARDS, COMMISSIONS, AGENCIES
For bylaws and/or procedures for any agency, Board, commission, or district, see the following sections in Chapter 30 of the Code of Ordinances of Sioux Falls, SD:
- Section 30.025. Creation of agencies, authorities, committees, boards, commissions, and districts.
- Section 30.026. Rules for boards and commissions.