By-Laws

ARTICLE I:   ORGANIZATION 

There is hereby organized a Regional Planning Commission which shall be known as the NORTH CENTRAL REGIONAL PLANNING COMMISSION, a voluntary association of the local governmental units located within twelve (12) counties (Clay, Cloud, Dickinson, Ellsworth, Jewell, Lincoln, Marshall, Mitchell, Ottawa, Republic, Saline and Washington counties) and representatives of various segments of these communities adopts these By-Laws to provide additional membership and carry out its statutory objects and purposes. 

ARTICLE II:  DEFINITIONS 

As used in these By-Laws: 

1. "Commission" means the policy making and governing body of the North Central Regional Planning Commission. 
2. "Region" means the area embraced by the twelve counties of Clay, Cloud, Dickinson, Ellsworth, Jewell, Lincoln, Marshall, Mitchell, Ottawa, Republic, Saline and Washington counties, Kansas.
3. "General governmental unit" means any county of the state or city or municipality incorporated under the laws of the State of Kansas. 
4. "Special governmental unit" means a special function government such as a school, hospital, navigation or water-related district, authority, district or other political subdivision of the state which has either an independently elected governing body or which has the power to incur financial obligations for public improvements. 
5. "City" means any incorporated city, town or village in the region. 
   
6. "Population" means the population according to the last preceding Federal Census encompassing the entire Region. 
   
7. "Basic Representative" means the initial representative each signatory party receives by virtue of its membership in the organization. 
   

 ARTICLE III:  MEMBERSHIP 

SECTION 1:  All general governmental units situated within the geographic area of the Region are eligible for membership.  General governmental units eligible for membership who desire to join the Commission subsequent to the adoption of these By-Laws may become members by passage of an ordinance, resolution, rule, order, or other means, adopting these By-Laws and by the payment of fees as set forth in Article XIII of these By-Laws. 

SECTION 2:  A member which is more than sixty (60) days arrears in its fees as set forth in Article XIII of these By-Laws shall be denied its voting privileges until such fee is paid. 

SECTION 3:  A governmental member, by majority vote of its governing body, may withdraw at any time from membership on the Commission.  Governmental units which withdraw from the Commission may subsequently be readmitted upon compliance with all membership requirements applicable to new members.  In the event of withdrawal by a member of the Commission, said member shall not be entitled to a return of any portion of previously paid annual dues. 

ARTICLE IV:   COMMISSION 

SECTION 1:  The Commission shall be the governing body of the North Central Regional Planning Commission and shall be responsible for the general policies and programs of the North Central Regional Planning Commission and for the control of all of its funds.   

SECTION 2:  In order to reflect that a majority of the voting membership of the Commission be elected officials from general governmental units of the Region, and to insure that the principal interests of the Region be duly represented on the Commission, the composition of the Commission shall be as follows: 

1. One (1) basic representative from each member city and county.  Additional representation is appropriated to each county on the basis of one (1) representative per 10,000 population, or fraction thereof. 
   
2. If after selection of Commission member representatives under "(A)" there are insufficient minority member representatives to comply with Economic Development Administration Directive No. 7.06, sufficient minority group representatives shall be appointed in accordance with the guidelines and procedure established in Economic Development Administration Directive No. 7.06.1/ & 2/.  
3. A minimum of thirty-three and one-third percent (33.33%) and a maximum of fifty percent (50.0%) of each county's authorized representatives shall be citizens of the respective  counties who are not elected officials, to provide a Commission with a voting majority of elected  officials.  The citizen representatives allocated to each county should be selected and appointed to provide the expertise of the principal interests of the Region (i.e., Labor, Business, Education, Agriculture, Health, Minorities, etc.). 
   

SECTION 3:   The County Commissioners or Mayors appointing the Commission member representatives may also appoint an alternate possessing the same qualifications as said representative to serve and vote in his or her stead. 

SECTION 4:  Each member of the Commission shall be entitled to one (1) vote.  

SECTION 5: All appointments to the Commission as made shall be for a period of three (3) years.  To facilitate staggered terms on the Commission, and in order to maintain continuity of experienced membership, the following terms shall be in effect for member representatives appointed upon establishment of the Commission:  

1. In compliance with EDA Directive 7.06, Minority Representation and Employment Requirements for Development District Organizations, "The percentage of the minority representation within the total membership of a Commission or an OEDP Committee shall equal or exceed the percentage of the minority population within the entire area served by the organization. 
   
2. The membership of the Executive Committee shall reflect the ratio of the minority representation of the Commission (EDA Directive 7.06). 
   
   1. All Counties with two (2) representatives shall appoint one to a two year term and on to a three year term. 
      
   2. All Counties with three, or any divisible thereof, representatives shall appoint representatives to one, two and three year terms in equal proportion. 
      
   3. All Counties with a number of representatives that does not fall within (1) or (2) shall use the formula in (2) with the remaining representative or representatives being given 3 year and 2 year terms respectively. 
      
   4. All member cities shall appoint their members to a three year term. 
      

SECTION 6:  Vacancies on the Commission because of death, resignation, removal, disqualification or otherwise shall be filled immediately by the County Commission or Mayor who selects such Commission member representatives. 

ARTICLE V:   COMMISSION POWERS, DUTIES AND RESPONSIBILITIES 

SECTION 1:  As a general but not exclusive guide, the Commission shall have the following functions, duties and responsibilities: 

A.  To prepare an annual budget for its action and approval. 

B.  To employ an Executive Director. 

C.  To contract for services of persons or firms or other units and levels of government. 

D. To acquire, construct, own and dispose of property, equipment, supplies, and office space required in the performance of its duties. 

E. To appoint advisory committees to assist carrying out the purposes, functions, duties and responsibilities of the Commission.  Methods of appointment, size, composition and purpose of the advisory committees shall be at the discretion of the Commission. 

F. To establish an Executive Committee which shall have the authority between meetings to act for the Commission in reviewing and commenting on projects involving state or federal assistance and perform other duties assigned by the Commission.  The size and composition of the Executive Committee shall reflect the same or greater ratio of minority representative as the minority representation on the Commission. (EDA Directive 7.06) 

G. To take such other actions, make recommendations, and formulate policy on those matters which will best effectuate and carry out the purposes and functions for which the Commission is created and as outlined in these By-Laws more explicitly described as follows: 

1. Adopt the By-Laws of the Commission. 
2. Elect Commission officers. 
3. Prepare periodic reports as may be required by the By-Laws of the Commission and federal and state legislation or regulations. 
   
4. Receive and expend gifts, contributions, and donations which may be made to the Commission to accomplish its purposes.
5. Apply and contract for, receive and expend for Commission purposes, funds or grants from the State of Kansas, the Federal government, or any other public or private source. 
6. Receive and expend funds from Commission members as provided in the By-Laws, to finance the costs of operations, provided that the Commission shall not have the power to levy taxes of any kind. 
7.      7.  Coordinate the economic, social and physical planning and development of the Region. 
8. Seek and accept designation as an A-95 review agency.   (Office of Management and Budget Circular A-95).
9. Actively participate in the annual assessment of the Commission's Overall Economic Development Plan (OEDP) by first reviewing the trend of the agency's past economic development activities and then by making suggestions of possible projects for the upcoming year's Work Program.   These suggestions are to then be reviewed by agency staff and are to be presented with comment to the Executive Committee for final approval at the succeeding meeting.

ARTICLE VI:   EXECUTIVE COMMITTEE 

SECTION 1:   Compensation:  No member of the Executive Committee or its officers, except the Secretary-Treasurer, shall receive compensation for their services.  The compensation of the Secretary-Treasurer shall be fixed by the Executive Committee at any time.  Any member of the Executive Committee driving to and from an Executive Committee meeting shall be entitled to reimbursement at a rate set by a minute order of the Executive Committee based on local government practice and fair reimbursement. 

SECTION 2:   The Executive Committee shall elect from its membership a Chairman, a Vice-Chairman and a Secretary-Treasurer. 

SECTION 3:   No Commission member may be elected to the Executive Committee if the entity which he represents is in arrears of support levy owed to the North Central Regional Planning Commission. 

SECTION 4:   A majority of the Executive Committee shall constitute a quorum. 

SECTION 5:   Removal of Officers and Agents:  The Executive Committee shall have the power to remove any officer or agent whenever, in the judgment of the Executive Committee, the interests of the Region will be best served. 

SECTION 6:   The Executive Committee shall authorize and define the powers and duties of all committees. 

SECTION 7:   No working committee shall take or make public any formal action or make public any resolution, or in any way commit the Commission on a question on policy of matters of general public interest, without having first received the approval of the Executive Committee. 

SECTION 8:   The Executive Committee shall constitute the Overall Economic Development Committee of the agency, and, as such, shall coordinate the annual review of the Overall Economic Development Plan (OEDP) by the Commission.  Furthermore, the Executive Committee shall actively participate in the OEDP process by being responsible for the implementation of each year's Work Program and for the by-monthly review of all work undertaken by the Commission towards satisfying the goals outlined by the OEDP.

ARTICLE VII:   REPRESENTATION 

SECTION 1:   Special Districts.  Special units of government, other than counties and cities, such as school districts, water improvement districts, soil and water conservation districts, and other special governmental units as defined in Article II, Section 5 of these By-Laws may upon request and approval of the Commission receive ex-officio membership without fee. 

SECTION 2:   Committees.  The Chairman, subject to the approval of the Commission, shall annually appoint such standing, special or subcommittees as he may deem necessary. 

ARTICLE VIII:   VOTING 

SECTION 1:  Members of the Commission, except ex-officio members, shall be entitled to one (1) vote each. 

ARTICLE IX:   COMMISSION MEETINGS 

SECTION 1:   The Commission shall meet at least four (4) times yearly unless otherwise determined by its officers. 

SECTION 2:   Special meetings of the Commission may be called by either the Chairman or at the request of a majority of the Commission members.

SECTION 3:   Written notice of Commission meetings and business to be transacted will be mailed to each member of the Commission at least ten (10) days prior to the meeting unless an emergency is deemed to exist by the Chairman. 

SECTION 4:   Fifty percent (50.0%) of the total membership shall constitute a quorum at any Commission meeting.  When a quorum is present, the majority of the votes cast shall decide any question brought to a vote before the Commission, except that two-thirds (66.66%) of the total eligible Commission votes shall be required to approve or amend the By-Laws.   

SECTION 5:   The Commission may hold its meetings and keep their records at such place as it may determine. 

ARTICLE X:   OFFICERS 

SECTION 1:   The members of the Commission shall elect a Chairman, Vice-Chairman and Secretary-Treasurer to serve as officers of the Commission.  The officers shall be elected from among its member representatives. 

SECTION 2:   The officers shall perform the duties prescribed by the By-Laws and in conformance with program guidelines approved by the Commission. 

SECTION 3:   The Chairman shall preside at meetings of the Commission, sign, with the counter-signature of the Secretary-Treasurer as authorized by the Commission any contracts or other instruments which the Commission deems in its best interest, and perform such other duties incident to the office as may be prescribed by the Commission.  The Chairman shall not serve more than two successive full terms of one year duration.   

SECTION 4:   The Vice-Chairman shall assist the Chairman in the performance of his or her duties, and either in the absence of the Chairman or in the event of the Chairman's inability or refusal to act, shall have the powers and shall perform the duties of the Chairman. 

SECTION 5:   The Secretary-Treasurer will be responsible for the minutes of the meetings and the records of the Commission, attest the signatures of the Commission officers, and see that notices are duly given in accordance with the provisions of these By-Laws or as required by law.  He or she shall have custody of all funds and securities of the Commission, receive monies due the Commission and deposit them in a depository designated by the Commission, expend the funds of the Commission as authorized by the Commission, and in general, perform all duties as may be assigned to him or her by the Chairman and/or the Commission.

ARTICLE XI:   SPECIAL STUDIES AND ACTIVITIES 

SECTION 1:   The Commission will review all requests made of the Commission staff for special studies and activities by governmental units which are not outlined in the Work Program. The Commission may charge a fee for said reports or activities. 

ARTICLE XII:   EXECUTIVE DIRECTOR AND STAFF 

SECTION 1:   The Commission may employ an Executive Director who shall serve at the pleasure of the Commission. 

SECTION 2:   The Executive Director shall be the chief administrative officer of the Commission, and shall act for and in the name of the Commission in all matters subject to the rules and regulations of the Commission.  The Executive Director shall appoint and remove all subordinate personnel subject to approval by the Executive Committee. 

SECTION 3:   The Executive Director shall prepare the annual budget and work program of the Commission for approval by the Commission and shall faithfully execute all other duties and responsibilities vested in or required of him or her by the Commission.  

ARTICLE XIII:   FINANCES, BUDGET AND PAYMENTS 

SECTION 1:   The Commission shall adopt an annual budget for the following calendar year on or before June 30 of each year, except for its initial fiscal period which shall extend from the date of its creation through the succeeding December 31st. 

SECTION 2:   Each year, upon adoption of the annual budget, the Commission shall fix the fees for all member governmental units. Fees shall be in sufficient amounts to provide funds as required by the budget. 

SECTION 3:   New governmental units may join the Commission upon payment of dues established by the Commission for the remainder of the Commission fiscal year. 

SECTION 4:   The accounts of the Commission shall be audited by a Certified Public Accountant or Accountants, and the audit report for each preceding fiscal year shall be made to the Commission no later that three (3) months after the close of each fiscal year. 

SECTION 5:   Fees shall be assessed member governments upon the basis of a levy giving equal weight to population and assessed valuation and justified by the budget for the upcoming year, and as approved by the Commission.  Assessments shall be made based upon the latest U.S. Census figures and County Assessor's records for the entire Region. 

SECTION 6:   Ex-officio members shall not be required to participate financially in the Commission. 

ARTICLE XIV:   AMENDMENTS 

SECTION 1:   These By-Laws may be altered, amended or added to by vote of the Commission members, provided that: 

1. Notice of the proposed changes shall contain a full statement of the proposed amendment(s) and be presented to the Board at a scheduled meeting. 
   

2. The proposed amendment(s) is (are) placed on the agenda of the next scheduled meeting of the Commission. 
   

3. The Commission adopts the proposed amendment(s) by a two-thirds (66.66%) vote of the members at the Commission meeting.                                                      

ARTICLE XV:   ADOPTION 

SECTION 1:   This Regional Planning Commission shall be organized by adoption of an ordinance, resolution, rule, order or other means agreeing to join this Commission by two-thirds (66.66%) of the counties in the Region.   

SECTION 2:   These By-Laws shall be effective upon their adoption by two-thirds (66.66%) of the representatives of governmental units which have agreed to join the Commission and which are present at a meeting of the Commission called for this purpose.    For purposes of the adoption of the By-Laws, each of the representatives shall have one (1) vote. 

ARTICLE XVI:   DISSOLUTION 

SECTION 1:   In the event that the North Central Regional Planning Commission is dissolved, any funds remaining on hand belonging to the Commission will be repaid to the various governmental units comprising the North Central Regional Planning Commission in the ratio to their contribution during the year of such dissolution. 

THE ABOVE AND FOREGOING BY-LAWS ADOPTED IN ACCORDANCE WITH ARTICLE XV THIS 29TH DAY OF MARCH, 1979. 
 

RAY NELSON   _______________

Chairman, North Central Regional Planning Commission 
 

ATTEST: 

ROBERT M. AYLWARD            

Secretary-Treasurer, North Central Regional Planning Commission 
 

Amended: November 19, 1987