Neighborhood Council Recognition Amendments_BEC_v2-redline-1 — File 214069

CITY OF SOMERVILLE ORDINANCE NO. 2022- IN CITY COUNCIL: ________, 2022 Be it ordained by the City Council, in session assembled, that Chapter VII, Article IX, titled Community Benefits Neighborhood Council Designation, is hereby amended as follows: ARTICLE IX. – COMMUNITY BENEFITS NEIGHBORHOOD ASSOCIATIONCOUNCIL RECOGNITION POLICY AND COMMUNITY BENEFITS COUNCIL DESIGNATION Sec. 7-220. – Purpose and Ddefinitions. The purpose of this article is to: (1) Promote improved communications between neighborhood associationcouncils and City government by providing a standardized recognition policy; (2) Encourage widened public engagement with City government, especially land use decisions, by facilitating the formation of neighborhood associationcouncils; (3) Assist with meeting the varied needs of diverse communities, while not limiting the rights of any other person, including non-recognized neighborhood groups, to offer their input on the City’s decision-making processes; and, (4) Facilitate a transparent community benefits negotiation process for development projects within neighborhoods represented by a recognized neighborhood associationcouncil. Community bBenefits shall mean the provision of programs or services that directly benefit Somerville residents including but not limited to human services, the arts, cultural enrichment, sustainability measures, public health, preventing and mitigating commercial and residential displacement, housing, educational programs focused on science, technology, engineering, and other areas of community enrichment. Community benefits agreement shall mean a written agreement negotiated by and between a designated neighborhood councilrecognized neighborhood associationcouncil and a developer to mitigate development impacts in a specific neighborhood arising from such developer's project. A community benefits agreement may include a commitment to provide or fund one or more community benefits. Community benefits funds shall mean monies offered to and received by the city in connection with any agreements entered into with the city or otherwise by which funds are given to and held by the city to be expended for community benefits and other related purposes. Community benefits stabilization fund or fund shall mean any fund created for the specific purpose of funding community benefits and other related programs. Such fund shall be created by the city council pursuant to G.L. c. 40, § 5 and any expenditures therefrom shall be appropriated in accordance therewith. Funds allocated to mitigate development impacts in a specific neighborhood shall be deposited into a neighborhood-specific community benefits stabilization fund sub-account. Neighborhood council associationcouncil shall mean an open, inclusive, transparent and duly democratic a voluntary organization, council, or associationassociation formed by property owners, residents, workers and/or tenants Formatted: List Paragraph, Outline numbered + Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5"

within a specified geographic boundary within the city,non-profit organization representing a particular Somerville neighborhood. Recognized neighborhood associationcouncil shall mean a neighborhood associationcouncil that meets the criteria set forth in section 7-221 and has been designated by the city council according to the process set forth in section 7-222. Sec. 7-221. – Designation Recognition qualifications. In order to be designated as a the negotiating entity of a community benefits agreement for a particular neighborhoodrecognized neighborhood associationcouncil by the city council, a neighborhood council associationcouncil shall: (1) Be an open, inclusive, and duly democratic non-profit organization. A neighborhood associationcouncil will be deemed to satisfy this standard when they meet the following criteria; (A) The geographic boundaries of a recognized neighborhood associationcouncil shall be reasonable and a description and map of the neighborhood included within the bylaws. (I) The boundaries of separate neighborhood associationcouncils must not overlap, and there may be no more than one neighborhood associationcouncil per bounded area. (B) Membership shall be open to all adult persons residing within the boundaries of the neighborhood, or who owns a place of business or works or attends school within the boundaries of the neighborhood. Membership shall not be limited by race, creed, religion, color, gender identity, sexual orientation, age, heritage, national origin, or income. (I) A neighborhood associationcouncil shall make a good faith effort to have its membership evenly distributed throughout the neighborhood, and all members must be eligible to hold any officer position within the associationcouncil. (C) The bylaws shall expressly identify the process of succession when an officer steps down voluntarily or is removed, and how vacant positions will be filled. (D) The bylaws shall clearly identify how membership and voting rights are established. Only those persons within the boundaries of the neighborhood who have affirmatively joined the associationcouncil may be counted as members. (I) Payment of dues may not be a prerequisite of membership or voting rights in the associationcouncil. (E) The associationcouncil shall hold at least one regularly scheduled meeting of the general membership per year and shall make good faith efforts to provide notice of all meetings two (2) weeks in advance to all households and businesses within its boundaries, to encourage the fullest participation reasonably possible. Notice may be accomplished through one or more of the following: (I) U.S. Mail; (II) Delivered or posted flyers; (III) Website or social media posting; or, (IV) E-mail, text message, direct message through social media, or other form of electronic messages delivered to the last known contact address of each member

(F) The associationcouncil shall not hold a vote of the general membership on any question or candidate(s) unless it is advertised through the methods described in subsection (1)(E) above, at least seven (7) days in advance. (G) Should a review of the associationcouncil’s bylaws by its membership result in changes to the election process, organizational structure, or communication processes, the updated bylaws shall be resubmitted to the city council within 60 days of any vote by the membership to accept the revisions. (H) The bylaws shall identify an orderly and democratic process for decision making. A neighborhood associationcouncil’s process shall be deemed orderly and democratic if decisions are made via a majority of the total votes cast by the associationcouncil’s officers, directors, or members using one of the following methods: in-person, mailed paper ballot, or electronic means. (I) If a virtual online meeting is used for an in-person vote, votes shall be recorded via a roll call vote. (II) When voting occurs by paper ballot or electronic means, results shall be tallied by a committee consisting of two or more members of the associationcouncil and reported to associationcouncil members in writing, either electronically or hard copy. (I) Elections or votes of the membership shall satisfy the requirements of subsection (1)(H) where: (I) Members are given advance notice as prescribed in subsection (1)(F) above; and, (II) Each member is afforded the ability to vote using at least one of the following methods: in- person, mailed paper ballot, or electronic means. (2) Be organized with a corporate purpose to maintain and improve the health, safety and welfare of all Somerville residents within the neighborhood associationcouncil’s boundaries, with special attention given to the members of the community for whom quality of life and permanence in the community may be harder to attain, including environmental justice populations and residents facing mobility, age and/or other personal and family challenges; (3) Make special efforts to seek out and listen to a broad array of community opinions with regard to policy and practices that may affect the neighborhood and its residents; Observe all laws, regulations, and commonly held ethical standards, including recusal of any member who may have a direct or indirect conflict of interest, whether personal, financial, or organizational. (4) Submit to the city council an annual report, within 60 days of their regularly scheduled annual meeting of the general membership, containing, at minimum: (A) The number of members for the previous year; (B) Two designated points of contact, who shall receive notices from the city, including e-mail addresses, phone numbers, and mailing addresses; (C) Names, addresses, e-mail addresses, and phone numbers, where available, of current officers and/or board members; (D) An updated copy of the bylaws if they have been amended, per subsection (1)(G) above; and (E) The results of all votes taken in the previous year. Formatted: List Paragraph, Outline numbered + Level: 3 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75"

Sec. 7-222. – Designation Recognition process. At such time as a neighborhood council associationcouncil seeks to be designated as the negotiating entity for a community benefits agreementa recognized neighborhood associationcouncil, it shall submit to the mayor and the city council the following: (1) Copies of all organizational documents, including records of votes; (2) A list of its elected board members showing all of the community affiliations of those members; (3) A map delineating the neighborhood represented by the neighborhood councilassociationcouncil; (4) Such other materials evidencing the council'’s associationcouncil’s commitment to the principles of inclusivity, transparency, and participatory democracy, including its efforts to seek out and listen to a broad array of community opinions with regards to policy and practices that may affect the neighborhood and its residents and businesses; (5) Affidavits, signed by each neighborhood council associationcouncil board member and each member of any committee formed to negotiate the community benefits agreement, covenanting that each signatory shall observe all laws, regulations, and commonly held ethical standards, including recusal of any member who may have a conflict of interest, whether personal, financial, or organizational, in the performance of their duties. Each signatory shall acknowledge that failure to observe such laws, regulations, and standards may result in revocation of the council'’s associationcouncil’s designation as a recognized neighborhood associationcouncil the negotiating entity. Upon receipt of such filings, the city council shall hold a public hearing to consider the council'’s associationcouncil’s request for designation as a recognized neighborhood associationcouncilthe negotiating entity. The city council may approve the council'’s associationcouncil’s request for designation by a ⅔ vote after reviewing all submissions of the council and any testimony, oral and written, from the public hearing. Upon a favorable vote, the city council shall communicate the council'’s associationcouncil’s designation as a recognized neighborhood associationcouncil to the mayor and to the associationcouncil’s officers. the appropriate negotiating entity for a community benefits agreement to the mayor and the developer, and such council shall be the negotiating entity thereafter, unless and until such designation is revoked by the city council as set forth below. Only one council may be designated as the negotiating entity at any given time. Sec. 7-223. – Revocation of designationrecognition. The city council may also revoke by a ⅔ vote a neighborhood council'’s associationcouncil’s designation as the negotiating entity for a community benefits agreementa recognized neighborhood associationcouncil, after notice and a public hearing, for good cause as determined by the city council, including without limitation based upon receipt of written allegations of a failure to comply with the requirements of section 7- 221 above, or a failure to act in accordance with the neighborhood associationcouncil’s own organizational documents. (1) Any neighborhood associationcouncil recognized prior to [insert date of passage of this amendment] shall not be subject to revocation of their designation as a recognized neighborhood associationcouncil for failure to comply with the requirements of section 7-221 unless, within 60 days of their regularly scheduled annual meeting of the general membership in the following calendar year, they fail to provide evidence in their annual report of a good faith effort to attain compliance with the requirements of section 7-221. (1) A violation of law, regulation, or commonly held ethical standard, including the failure of a member who may have a conflict of interest, whether personal, financial, or organizational, to recuse him- or herself; Formatted: List Paragraph, Outline numbered + Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Normal, No bullets or numbering

(2) A failure to act in accordance with the neighborhood council's own organizational documents; or (3) A failure to comply with the requirements of subparagraph section 7-222(a), above. Sec. 7-224. – Responsibilities of recognized neighborhood associationcouncils. (a) Recognized neighborhood associationcouncils shall: (1) Establish and follow a clear method for reporting to the City accurate reflections of the neighborhood’s position. When a recognized neighborhood associationcouncil presents its official position on an issue to the City, it shall be prepared to identify whether the decision was reached by the board, a poll of the general membership, or by a vote of the members at a meeting of the general membership. (2) Notify the city council of general membership meetings at least five (5) business days in advance. (3) Make special efforts to seek out and listen to a broad array of community opinions with regards to policy and practices that may affect the neighborhood and its residents. (4) By interaction with their members, residents, and the city, strive to engage with the community and land use planning, protect the environment, and promote the community welfare. (5) Make efforts to foster communication between the recognized neighborhood associationcouncil and city government on plans, proposals, and activities affecting their area. (6) Use best efforts to inform members and other eligible participants in their neighborhood associationcouncil boundary of current issues, and to inform themselves of the needs and desires of the neighborhood. (7) Strive for productive resolution of conflicts between residents of the neighborhood and proponents of development projects, including, but not limited to, through the negotiation of community benefits agreements. (b) In addition to the above responsibilities, a recognized neighborhood associationcouncil may: (1) Submit to the City proposals and request for projects or activities needed in their neighborhood areas. (2) Designate representatives to appear before the city council at public hearings, or subject to sponsorship by a city councilor, on matters that affect their area. Sec. 7-225. – Community benefits agreement negotiation. (a) A recognized neighborhood associationcouncil shall be the designated representative of the interests of the neighborhood in the negotiation of a community benefits agreement with any developer whose project impacts the area within the associationcouncil’s boundaries. (b) In the event that a development project impacts an area that falls within the boundaries of two or more recognized neighborhood associationcouncils, the affected associationcouncils shall work as a unit to represent their areas in the negotiation of a community benefits agreement. Sec. 7-256. – Community benefits stabilization fund. There is hereby created a community benefits stabilization fund, into which all monies received by the city for the purpose of funding community benefits shall be deposited. Funds to be expended for the benefit for a particular neighborhood shall be held in a neighborhood-specific sub-fund. Any expenditure from such community benefits stabilization fund or sub-fund shall be appropriated by vote of the city council. Formatted: List Paragraph, Outline numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25" Formatted: List Paragraph, Outline numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25"

Approved: President Approved: Mayor