The Fifth by Northwest Area Commission
City Codes | Code Enforcement | 5xNw By-Laws
5th BY NORTHWEST AREA COMMISSION
BY LAWS
As adopted on August 1, 2005
(Rev. May 1, 2007)
PREAMBLE
WE, residents, employees and property owners of the City of Columbus in the 5th By Northwest Area, in order to: study problems and needs of the area, recommend solutions and bring these needs to the attention of proper government agencies; determine the need for, and recommend legislation affecting the area; provide communication within the area and between the area and city government; solicit cooperation of all segments of the community; afford additional voluntary citizen participation in decision-making in an advisory capacity to the city administration and city council; and, develop techniques for creating and promoting a community dialogue so that the different values and interests of residents, employees and property owners can be articulated and understood; and, therefore, we do establish and ordain these by laws.
Article I. GENERAL PROVISIONS
Section 1. The name of this organization shall be the 5th By Northwest Area Commission, herein referred to as "Commission".
Section 2.The boundaries of the 5th By Northwest Area
shall be: Third Avenue and
the alley just West of Westwood Avenue Southward to the alley just
South of West Third Avenue then Eastward along said alley to the rail
road bridge then North to Third Avenue then East to Olentangy River
Road, then North on Olentangy River Road to the City of Columbus,
Clinton Township boundary, then Westward to Hess Boulevard, North on
Hess Boulevard to Chambers Road, West on Chambers Road to Concord
Avenue, then Westward along the Clinton
Township, City of Columbus boundary, to Chesapeake Avenue,
then
Northward along the Clinton Township, City of Columbus boundary to
Sells
Avenue, East to Kenny Road, North to Kinnear Road, then West to
North
Star Road, then South on North Star Road to the alley just North of
King Avenue then West on said alley to the alley just West of Wyandotte
Road then South on said alley to 5th Avenue then East
on 5th Avenue to the alley just West of Glenn Avenue then
South on the alley to the alley just North of Third Avenue then East to
the alley just West of Westwood Avenue then south to the alley just
South of Third Avenue.
Section 3.Commission area covers 589.35 acres, has a population
of 6695 with 4795 households (based on the 2000 census). Land use
consists of 49% residential, 23% commercial and 29% manufacturing.
Section 4. These by-laws establish the procedure under which the 5th By Northwest Area Commission shall execute those duties and functions set forth in and with authority granted under chapters 121, 3109, 3111 of the Columbus City Codes (herein abbreviated as C.C.) and the Columbus City Charter sections 60 and 61.
Section 5. The Commission, and all its bodies thereof, shall be governed by Robert's Rules of Order Newly Revised, except as inconsistent with these By Laws and except that:
a. The motion "to reconsider and enter on the minutes" shall never be in order;
b. The Chairperson may vote on a motion as any other member;
c. A roll-call vote on a motion may be ordered by one-fourth of the Commissioners present
d. The division of a motion may be ordered by any one Commissioner;
e. A motion to reconsider may be made by any Commissioner;
f. A quorum shall be five Commissioners. Once a quorum is
established, business can be conducted unless the number of
Commissioners present drops below three, at which time the meeting is
declared adjourned.
Section 6. No Commission member shall represent the Commission in its official actions before any other public body or official, except as specifically authorized by the Commission. This shall not be construed as a restriction upon the right of the individual members to represent their own views before public or private bodies, whether in agreement or disagreement with the official action of the Commission, provided they do not represent themselves as speaking for the Commission.
Section 7. No monies shall be expended or encumbered save pursuant to the Annual Budget.
a. Within fifteen (15) days of receipt of the draft annual agreement with the City of Columbus, the Treasurer shall propose the annual budget to the executive committee. At the next regular meeting, the executive committee shall recommend to the Commission approval of the proposed annual budget. The annual budget shall be adopted when approved by a majority of the Commission.
b. Any monies received shall be deposited immediately by the Treasurer
c. All purchases must follow the guidelines allowed in current Columbus City Code for Commissioners.
d. For purchases for Commission activities that are not itemized in the approved annual budget that are twenty-five dollars ($25) or less, any Commissioner may request reimbursement by providing the Treasurer with a written, dated request which explains the purchase and also provide a paper copy of the receipt. Permission to grant reimbursement may be given by the Treasurer.
e. For purchases for Commission activities that are not itemized in the approved annual budget that are more than twenty-five dollars ($25), any Commission member may request reimbursement from the Chairperson and the Treasurer by providing the Treasurer a written, dated request which explains the purchase and also provide a paper copy of the receipt. Permission to grant reimbursement may be given by agreement of the Chairperson and the Treasurer, which then shall report the expenditure at the next regular meeting.
f. Any Commissioner may request a full Commission vote on
any expense reimbursement not itemized in the approved annual
budget.
Section 8. Any election required in these By Laws shall be conducted by written ballot, which shall be tallied immediately by the Recording Secretary who will announce the results to the Commission. A voice vote may be held if an election is uncontested.
Section
9. The Commission shall also
facilitate communication, understanding and cooperation among citizens,
neighborhood groups, city officials and staff, and other stakeholders
by performing those functions and duties set out in C.C.3109.13.
Article II. MEMBERS
Section 1. There shall be seven (7) members of the
Commission.
Section 2. Members shall serve the following terms of office:
- Members of the Commission shall serve without compensation for the term specified in such Commission's by laws, provided, however, that the term shall be for no less than two (2) nor more than four (4) years.
Section 3. Members shall serve the following terms of office:
a. A term of office for a Commissioner shall be two
years; the two-year terms are to expire as provided in these bylaws.
Initial appointments for three Commissioners shall be for one-year term
subsequent terms shall be for two years. This will insure that
Commission terms are staggered.
Section 4. Members shall take office at the beginning of January following the Board of Elections official report as set forth in Article IV, Section 2.
a. By December 1 of each year, the Corresponding
Secretary shall notify in writing all represented organizations that
the term of their member shall end at the end of the year; and that it
should submit in writing a representative to the Commission for the new
term. This must be done by December 31 so that the Commission may
certify the new members before the next annual meeting.
Section 5. Vacancies shall be filled as follows:
a. If a vacancy occurs in a district seat on the Commission because of resignation, death, disqualification, or other means, the Corresponding Secretary shall give public notice of the vacancy at least thirty (30) days before the date on which the Commission will vote to recommend a candidate to fill the vacancy. After providing an opportunity for persons interested in filling the vacancy to indicate their interest to the Commission, the Commission shall vote by individual, private ballots to select a candidate to fill the vacancy until the next Annual Meeting.
1. Notice of a vacancy shall be given in the agenda, given to each unsuccessful candidate, including write-in candidates, from that district in the last election and shall be made to the public.
2. At the next Annual Election, a member shall also be elected to complete the unexpired term in accord with Article VI of these By Laws.
Section 6. A Commission member who expects to be absent from a Commission meeting shall notify the Chairperson prior to the meeting. Three unapproved absences from regular Commission meetings between annual meetings shall constitute resignation from the Commission. In addition to regular monthly meetings, Commissioners may not have more than three unapproved absences from each committee on which each Commissioner serves between annual meetings. The Recording Secretary shall notify in writing or electronic correspondence a Commissioner who has been absent from two such meetings within fifteen days of the second absence. Absent Commissioners may petition the Chairperson for approval of an absence from Commission and may petition the appropriate committee chair for approval of an absence from an assigned committee meeting. This petition for approval of an absence as excusable shall be in writing or electronic form and submitted to the Chairperson thirty-days (30) prior to the absence or within thirty-days (30) after the absence.
Section 7. The members of the Commission shall be approved and appointed by the Mayor of Columbus in accordance with Chapter 3109 of the City Code. The Corresponding Secretary shall notify the Mayor and the Department of Development of all appointments, elections, and vacancies within thirty-days (30) of such action.
a. In the event notification of appointment by the mayor to an area Commission is not received by the City Clerk within thirty-days (30) after; (1) receipt of the certified results of the selection procedure from the appropriate task force or area Commission; or (2) receipt of notice of a vacancy or nomination of a candidate to fill such vacancy, whichever occurs later; each such nominee shall be presumed qualified to serve until actual notice of a mayoral appointment to such position and term is received, and such nominee shall have all the privileges and duties of a area Commission membership during the interim
b. A copy of each such notice shall be sent to the City Council (care of the City Clerk) and to the proper official of the Department of Development.
Article III. OFFICERS
Section 1. The officers of the Commission shall be a Chairperson, Vice Chairperson, a Treasurer, and a Recording and Corresponding Secretary.
a. The officers shall be elected by the Commission at the November meeting and shall take office January 1 of the following year.
b. All officers shall serve a term of two years, or until
their successors are elected and qualified.
Section 2. The Chairperson shall:
a. Chair all meetings of the Commission;
b. Coordinate the actions of all officers and representatives of the Commission;
c. Chair all public hearings called by the Commission;
d. Select, supervise, direct or delegate any volunteers
or staff hired by or assigned to the Commission; and represent or
appoint a Commissioner to represent the 5th By Northwest
Area Commission at City Council meetings and other meetings affecting
the 5th By Northwest Area.
Section 3. The Vice Chairperson Shall:
a. Assist the Chairperson;
b. Preside at meetings in the absence of the Chairperson.
c. Have responsibility for managing all committees, the First Vice Chairperson shall be a member of each committee but shall not serve as the chair; and
d. Assist the Chairperson in establishing and distributing the monthly agenda.
e. Assist the Chairperson and the First Vice Chairperson, as requested and assigned.
f. Support and direct use of the 5th By Northwest Area Commission computer; and
g. Manage and direct digital and physical storage
of Commission records.
Section 4. The Secretary Shall:
a. Keep meeting minutes and permanently file all resolutions considered by the Commission, as well as a record of all actions taken; and
b. Call the roll at each meeting of the Commission and record times of arrival and departure of Commissioners after roll has been taken or before the adjournment of the meeting.
c. Shall correspond at the direction of the Commission.
d. Keep on file all correspondences of the Commission;
e. Provide copies of any Commission documents at a reasonable charge to any person requesting them.
f. Notify the Mayor and the Department of Development of
all appointments, elections, and vacancies within thirty-days (30) of
such action.
Section 5. The Treasurer shall:
a. Receive all monies and approve all payments for the Commission in accordance with Article I, Section 6;
b. Prepare and present an Annual Budget for the Commission in accordance with Article I, Section 6;
c. Report on the financial condition of the Commission at each regular meeting;
d. Submit a written report of the finances of the Commission at the Annual Meeting;
e. Participate in the preparation of budget of expenditure of any grant moneys; and
f. Manage the distribution and administration of grant moneys.
g. And shall exercise all duties incident to the office
of Treasurer, including compliance with all fiscal requirements within
the memorandum of agreement with the city.
Section 6. Vice Chairperson shall fill a vacancy in the office of Chairperson. A vacancy in any other position shall be filled in the same manner as the original selection as set forth in Article III, Section 1.
Section 7. The Commission may create additional officers or representatives.
The Commission shall elect representatives.
Article IV. MEETINGS
Section 1. The Commission shall hold a regular monthly meeting on the second Tuesday of each month in a public place and shall be open to the public.
a. A regular meeting may be cancelled or rescheduled by two-thirds vote of the Commission at the regularly scheduled prior meeting of the Commission.
Section 2. The regular meeting in November shall be the meeting at which new Commissioners are elected, and annual reports from the committees are received.
a. The Chairperson shall appoint an officer nomination, representing a cross section of the Commission, to develop and gather a slate of officers for the coming year.
b. Any current Commissioner may be a voting member of the officer nomination committee. Membership on this committee shall not exclude a Commissioner from consideration for an office.
c. The proposed slate of officers must be included with the meeting following the November meeting notice.
d. First item of business for the meeting in December will be election of Commission Officers with additional nominations accepted from any member of the Commission.
e. The election of officers shall be conducted by written
ballot, which shall be tallied immediately by the Recording Secretary
who will announce the results to the Commission. A voice vote may be
held if there are no contested offices.
Section 3. At least a five-day notice of all meetings shall be given, such notice to include the agenda. All meetings of the Commission shall be open to the public. All Commission meetings shall comply with the Ohio open meeting law and the open meeting requirements pursuant to C.C. 121.01.
Section 4. The Commission shall consider no business unless
introduced by a Commissioner or a committee of the Commission. No
person shall speak during a Commission meeting except when recognized
by the presiding officer. This can be subject to approval of the
Commission by a majority vote.
a. Allowance shall be made for public comment on any issue to be voted on by the Commission or a committee of the Commission. Each speaker shall be limited to three (3) minutes. This limit may be extended by vote of the members present upon a motion of any Commissioner to do so. Time shall be allowed following each presentation for Commissioners to discuss and ask questions of the speaker. At their discretion, the presiding officer may limit the number of speakers to three (3) on each side of an issue. Such limitation shall be announced at the beginning of public comments on that issue.
b. The Commission will vote on issues by roll call and verbal vote. In the situation of a tie, the issue does not pass.
Section 5. The Chairperson may call special meetings; or the Vice Chairperson upon receiving a petition signed by one-third of the Commissioners in office.
a. Any such petition shall specify the date, time and place of the special meeting and shall include all business to be conducted at the meeting.
b. No business shall be conducted at a special meeting,
unless explicitly included in the notice of such meeting.
Section 6. A Public Hearing may be directed to be held by either: a majority vote of the Commission, or a committee (with the approval of the Chairperson).
a. With the permission of a majority vote of the Commission, a public hearing may be held in conjunction with a Commission meeting.
b. A record shall be made and filed of each public hearing by the Secretary, or other provided recording officer from the directing committee.
c. If a committee has called a public hearing, it shall provide the presiding and recording officer.
d. At least a fifteen (15) day public notice shall be
given for all public hearings.
Section 7. The Commission shall not consider zoning cases received by the Zoning Committee Chair less than 14 calendar days before a regular monthly Commission meeting. Cases received less than 14 calendar days before a regular monthly meeting will be considered at the following month's meeting.
a. Commissioners shall be notified of upcoming Zoning cases and of the scheduled committee meeting no less than 12 calendar days before a regular monthly Commission meeting.
b. The Commission shall notify all property owners within 125 feet of each zoning case. All such owners shall be listed on the attachment provided by the applicant.
c. The Committee bringing the zoning recommendation
forward must state that all appropriate procedures have been followed
before a vote of the Commission is allowed. These procedures include
proper notification of Commissioners, adherence to deadlines for case
evaluation, and all other such procedures contained within these
By-Laws and defined by the City of Columbus.
Article V. COMMITTEES
Section 1. The Chairperson shall appoint Commissioners to the standing committees subject to approval by the Commission. The Chairperson shall consider requests for assignments from all Commissioners but is not bound by those requests. The standing committees are as follows: Community Relations; Zoning; Environment & Code Enforcement; Governance; Planning & Development; and Executive.
a. The initial appointments shall be made at the December meeting.
b. The Chairperson shall be ex-officio a member of all committees and may elect to be a voting member of any committee at the meeting following the annual meeting.
c. The Chairperson shall designate a member of each Committee to convene each Committee.
d. Each committee shall select a chair, and may select other officers and adopt internal rules.
e. All Committees shall meet on a monthly basis and report at each Commission meeting with a written report.
f. All Committees are required to establish an agenda for yearly activities by the September meeting as well as write a summary of completed activities for the next Annual Meeting.
g. The terms of office of all members of all committees shall end the beginning of the annual meeting.
h. A vacancy in a committee shall be filled in the manner of the original selection.
i. Each Commissioner must serve on at least two (2) but
no more than three (3) committees.
Section 2. The Executive Committee shall:
a. Consist of the Chairperson, Vice Chairperson, and Secretary, immediate past Chairperson (if still a Commissioner), and the Treasurer;
b. Meet quarterly
c. Develop the annual budget; and,
d. Evaluate and plan the direction and scope of Commission activities.
Section 3. The Planning & Development Committee shall:
a. Conduct research, analysis, and make proposal recommendations on planning and development issues and any city plans that affect the area;
b. Encourage, support, conduct research, and make recommendations on historic preservation issues within the area;
c. Research, monitor, and make recommendations on any federal, state, or local funds and grant moneys that are available to implement plans in the area; and,
d. Conduct research, analysis, and make proposal
recommendations on utilities, streets, parks, and other public or
private infrastructure within the area.
Section 4. The Community Relations Committee shall:
a. Promote the activities and existence of the Commission to the community and other groups throughout the city;
b. Assist the board of elections with promotion of elections upon request;
c. Distribute a monthly Commission activity fact sheet on Commission activity;
d. Oversee maintenance and development of the Commission website; and,
e. Respond to the general electronic communication with the Commission.
Section 5. The Zoning Committee shall:
a. Regularly receive, review with each applicant, and make recommendations to the Commission on all applications for rezoning, variances, graphics and other zoning adjustment appeals, and special permits located wholly or partially in the area; and,
b. Shall review, monitor, and approve all requests for
demolitions. The decision of this committee on all such requests
is not final until and must be reported to the Commission at the next
regularly scheduled meeting. Upon a motion by any Commissioner,
requests may be reconsidered by the entire Commission and approved by
majority vote;
Section 6. The Environment & Code Enforcement Committee shall:
a. Address, research, and make recommendations on crime, health, sanitation, safety, building code, and traffic issues in the area;
b. Make recommendations to change city codes applicable to crime, health, sanitation, safety, building code, and traffic issues;
c. Devise procedures to address issues with existing building code; and,
d. Develop a list of contact persons to report and track
code enforcement related issues.
Section 7. The Governance Committee shall:
a. Implement these by laws and elections rules as required;
b. Research the effectiveness and applicability of these by laws and make recommendations to the Commission for amendments to the by laws;
c. Conduct the orientation of new Commissioners;
d. Coordinate the internal activities of the
Commission.
Section 8. An ad hoc committee may be established or dissolved by a majority vote of the Commission. Its size, powers and duties shall be specified by the creating resolution. Unless otherwise specified, the term of a special committee shall be one year.
Section 9. All reports to the Commission shall be delivered by
the person chairing the committee (unless the committee directs
otherwise). If a minority of a committee wishes to make a report,
it may do so after the committee reports and as an addition to the
report.
Section 10.Any Commissioner may attend any meeting of any committee as an ex-officio member.
Section 11. In the event a matter overlaps the area of two or more committees, the Chairperson of the Commission shall have the authority to assign such issues to a specific standing committee, or charge two or more of the committees to work as a special combined committee for the issue.
Article VI. ELECTIONS
Section 1. Elections shall be held during the November meeting of each year, at a public place. All elections shall be secret ballot. Elections shall be determined by plurality vote. All Commissioners are elected at large.
Section 2. Any person eighteen years of age or older who lives, works or owns property in the 5th by Northwest Area, may run for office and vote in the election. Electors need not be registered with the Franklin County Board of Elections.
Section 3. All nominations shall be by petition as provided in the Election Rules. All candidates must be qualified to vote for themselves, and be a resident, employee or own property in the 5th by Northwest Area.
Section 4. All candidates and electors must provide identification and proof of residence, employment, or property owned in the 5th by Northwest Area. Such identification may include, but is not limited to a valid driver's license or state-issued id. Other identification may be accepted at the discretion of the majority vote of the Board of Elections, whose determination shall be final. Affidavits and other sworn statements, by themselves, shall never be sufficient.
Section 5. A statement of the identification provided by electors, in instances in which the sufficiency is uncertain, shall be written by the poll worker on the envelope in which the ballot is placed. The Board shall determine the sufficiency of each identification before the envelope is opened. If it is the decision of the Board that the identification is not sufficient, the envelope shall be retained unopened.
Section 6.Electors shall provide identification before they are permitted to vote. Successful candidates shall provide identification at the meeting of the Commission in which the election results are reported and approved. Should it be determined by vote of the Commission that the candidate has not established verification of residency, employment or property ownership, the candidate receiving the next highest number of votes shall be declared the winner.
Section 7.At any time prior to the day of the election, any Commissioner may dispute the residency, employer or address or property owned of any candidate by so informing the board of elections. In such case, the Board shall contact the candidate to verify residency, employment or property ownership.
Section 8. There shall be a Board of Elections, consisting of three persons appointed by the Chairperson with the approval of the Commission, none of whom shall be connected in any way with a candidate for the Commission. The Board shall perform all duties set forth in the Election Rules.
Section 9. The Board of Elections shall adopt Election Rules for governing the elections.
a. Such rules shall be adopted by a majority vote of the Board.
b. Such rules shall be in conformity with these By Laws.
c. Such rules shall not be changed within the thirty-days (30) after an election or within forty-five (45) days before an election.
d. Any adoption or amendment of the Election Rules shall be presented to the Commission at the beginning of a regularly scheduled meeting. Should the Commission not disapprove of them by the end of that meeting, they shall take effect.
e. The Commission may amend the Election Rules without
action by the Board of Elections in the same manner as set forth in
Article VI.
Article X. AMENDMENT
Section 1. As permitted per C.C. 3109.13, these by-laws may be
amended in part or in whole at any regularly scheduled meeting of the
Commission by an affirmative vote of a two-thirds (2/3) majority of all
Commission members provided that the amendments were submitted in
writing at the previous regularly scheduled meeting. The Corresponding
Secretary shall file any approved amendments immediately after its
adoption with the City Clerk for publication in the City Bulletin. Such
amendments shall take effect ten (10) days after such publication per
C.C.121.05.
Election Rules
5th
by Northwest Area Commission
Article I. Election Committee
Section 1. The Election Committee shall have all necessary
authority to conduct the election, including the counting of ballots,
determination of candidate qualifications, initial determination of
voter qualifications and adjudication of disputes and challenges
pursuant to the procedures and requirements set forth in these rules
and bylaws.
Section 2.The Committee shall consist of three (3) 5th
By Northwest Area residents, employees or property owners, appointed by
the 5th By Northwest Area Commission at its January meeting
of each year, one of whom the 5th By Northwest Area
Commission Chairperson shall designate as a chairperson. No Committee
member may be any of the following:
a. A member of the 5th By Northwest
Area
b. A candidate for election to the 5th
By Northwest Area Commission, or
c. A member of the immediate family of a candidate for
the 5th By Northwest Area Commission.
Section
3. In the event a member of the Election Committee becomes unable
to serve, the 5th By Northwest Area Commission Chairperson
shall appoint a replacement.
Article II. Duties of Election Committee
Section 1. The
Committee shall be responsible for:
a. Determining the polling place in which an election is
to occur.
b. Select location for polling place prior to the date
by which the potential candidates obtain their petitions.
c. Enlisting and assigning volunteer workers to
staff polling places.
d. Obtaining and distributing equipment and supplies
required in the polling places.
e. Selecting a location for and equipping
headquarters for the Committee.
f. Devising the form, arranging for the
production of, and distributing petitions of candidacy for Commissioner.
g. Convening meetings as it sees fit for the
purposes of informing candidates of election rules.
h. Devising the form, arranging for, and
supervising the reproduction of ballots.
i. Certifying the adequacy of circulated petitions
submitted by candidates and making public announcement of the names and
Districts of the certified candidates who qualify by timely filing of
petitions.
j. Verifying that no person has voted more
than once in any election.
k. Tallying the votes and certifying the results
to the Commission.
l. Making all other necessary and
appropriate arrangements and determinations with respect to the
nomination and election process.
m. Ten weeks before the election, publicizing through at
least one newspaper of general circulation in the 5th By
Northwest area, and by such other means as may be available and
appropriate, a call for candidates, announcing the elections are to be
held, and the places where petitions and copies of the Election Rules
may be obtained.
n. Also, just before the election, the Committee shall
place appropriate advertisements in at least one newspaper of general
circulation in the 5th by Northwest Area specifying the
elections location of polls, the date and hours of the election, and
giving the names of the candidates for each candidate who has
established eligibility by petition. The advertisement shall state that
a voter should present a picture identification and evidence of place
of residence, employment, or address owned and age. The Election
Committee shall not include the names of Write-In Candidates in the
advertisements announcing the election.
Article
III. Commission Liaison
Section 1. The 5th By Northwest Area Commission
Chairperson shall designate one Commission member to serve as liaison
between the Election Committee and the Commission. Such designee may be
the Commission Chairperson, but shall not be a candidate for election
to the Commission during the year in question.
Article
IV. Date
Section 1. Election day shall be the regularly scheduled
November meeting.
Article
V. Hours
Section 1. Polling hours shall be determined by the Election Committee, and shall be published in a newspaper of general circulation in the community.
Article
VI. Polling Places
Section 1. The Election Committee shall determine the number and
locations of polls, as well as the extent of cross balloting. The
Committee shall select well-known sites that provide public access,
adequate access to disabled persons, adequate parking, and clearly
marked entrances.
Article VII. Candidate Qualifications
Section 1. Each candidate shall be eighteen years of age or
older on Election Day.
Section 2.Each candidate shall be a resident, employee or own
property in the 5th By Northwest Area at the time he or she
commences circulating a nominating petition.
Section 3. Each potential candidate must file a nominating
petition for candidacy completed pursuant to the requirements set forth
below, for candidacy with the Election Committee at least thirty days
prior to Election Day.
Section 4. Candidates in this non-partisan election are not
required, and in fact, are urged not to declare any political party
affiliation.
Section 5. Candidates need not be registered voters on the rolls
of the Franklin County Board of Elections.
Section 6. A candidate shall become ineligible by reason of being
unable to serve, withdrawal, moving out of the District, change
employment or sell property owned or being found guilty of a felony.
Section 7. The Election Committee shall disqualify a candidate
who ceases to be a resident be employed or own property in the 5th
By Northwest Area at any time prior to the time the Election Committee
certifies the election results.
Section 8. The Election Committee is authorized to verify
in whatever way it considers appropriate the place of residence,
employment or property owned for any candidate whose qualification is
challenged; for example;
a. The candidate's County voting address, if any;
b. The candidate's residence address as listed in
local telephone directory:
c. The candidate's residence address as listed in
an address directory such as the Polk Directory and/or
d. Written statements from neighbors abutting the
candidate's residence.
Section 9. Should there be reasonable evidence that the
candidate's qualifications as claimed by the candidate, the Committee
shall not withhold certification of the candidate's nominating petition
solely on the residency question.
Article
VIII. Petition Procedures and Rules
Section 1. Nominating petitions shall be made available at one
or more locations designated by the Election Committee,
beginning no later than ten weeks prior to Election.
Section 2. A person desiring to qualify as a candidate for
election to the 5th By Northwest Area Commission shall
obtain petitions from the designated places, and shall at the time of
receipt of the petitions, place on file his or her name, signature,
residence address, employer or address of property owned, and telephone
number. Failure to file this information at the time of receipt shall
void the candidacy for the year in question.
Section 3. A potential candidate shall circulate the petition(s)
for his or her candidacy. The Election Committee may grant an exemption
to this requirement if the potential candidate demonstrates that he or
she has a disability, which would make it a hardship for the potential
candidate to personally circulate his or her petitions.
Section 4. Each potential candidate, or, in the case of a
potential candidate granted a disability exemption, each circulator
must complete and execute the affidavit at the end of the petition
prior to its submission to the Election Committee at the location
specified by the Committee.
Section 5. Each potential candidate must submit a petition
containing valid signatures of at least twenty-five persons, age
eighteen or older, who reside, work or own property in the 5th
By Northwest Area.
Section 6. The Election Committee shall check the validity of
the petition signatures for each potential candidate by attempting to
contact a representative number of petition signers by telephone. If
any of discrepancies or possible improprieties is discovered from these
contacts, the Election Committee shall check all signatures for that
potential candidate for validity in a like manner until either
twenty-five valid signatures are found or the potential candidate's
petition is ruled invalid for lack of sufficient signatures. The
Election Committee shall check the validity of the petition signatures
on a potential candidate's petition, and if the petition contains
twenty-five valid signatures, the Election Committee shall certify the
candidate named on the petition within five days of the receipt of the
petition.
Article
IX. Write-in Procedures and Rules
Section 1. A person who wishes to qualify as a write-in
candidate shall so notify the Election Committee no later than the
sixteenth day prior to Election Day. The application shall be in
writing, and shall include the candidates printed name, signature,
residence address, employer or address of property owned and telephone
number, as well as evidence that the residence and other candidate
qualifications are met, except for filing of petitions.
Section 2. The Election Committee shall determine whether the
candidate meets the eligibility requirements other than timely filing
of nomination petitions, and if the result is affirmative, shall
certify that the applicant qualifies as a Write-In candidate, no later
than the fourteenth day before Election Day.
Section 3. The Election Committee shall immediately notify any
petition candidate of the existence of a Write-In candidate in the same
District.
Article
X. Ballots
Section 1. The Election Committee shall record the total ballots
reproduced.
Section 2. Each ballot shall carry a list, headed "Vote for
One", of the names of the petition candidates certified by the Election
Committee as meeting Candidate Qualifications, with a "()" preceding
each name.
Section 3. Each ballot shall conclude with a blank line,
preceded by a "()", for use in the event voters wish to write in the
name of a Write-In Candidate.
Section 4. No political party or other organization shall be
named on the ballot.
Article
XI. Polling Officers and Staff
Section 1. The Election Committee shall appoint no fewer than
two 5th By Northwest Area residents, employees, or property
owners to staff each polling place. Such staff shall not include 5th
By Northwest members or candidates in that year's election to the
Commission, nor members of their immediate families.
Section 2. Prior to the election, the Committee shall
designate a presiding staff member, and specify that person's authority
and duties.
Section 3. The Election Committee shall appoint an
Absentee-Ballot Supervisor (ABS) from among the members of the
Committee. The name and address of the ABS shall be made known through
the press at least thirty days prior to Election Day.
Section 4. The duties of the polling staff shall include the
orderly operation of the polls and balloting, verifying voter
eligibility, maintaining a register of persons voting, and ensuring the
security of the ballots. Specifics are spelled out under "Polling
Procedures".
Article
XII. Voter Qualifications
Section 1. Each voter must be at least eighteen years of
age on Election Day.
Section 2. Each voter must have been a resident, employee or own
property in the 5th by Northwest Area for at least thirty
days continuously, prior to Election Day. In addition, to be eligible
to vote, each voter must reside, work or own property on Election Day
in the 5th By Northwest Area for which an election is being
held.
Section 3. The voter need not be a registered voter on the
rolls of the Franklin County Board of Elections.
Section 4. Except as provided below, on Election Day, each voter
shall present a photo identification with current address and age, or a
photo identification with another piece of identification with the
voter's current address and age to a polling place election staff
member designated by the Election Committee for that purpose. If a
voter does not have such identification materials at the polling place,
the voter must execute a sworn statement that he or she is eighteen
years of age or older and currently resides at a stated address, place
of employment or address of property owned in the 5th By
Northwest Area. If a voter presents the above-required identification
or executes such a sworn statement, the voter's vote shall be counted.
Section 5. No voter shall cast more than one ballot.
Article XIII. Polling Procedures
Section
1. The Election Committee
shall provide for both direct in-person voting at the polls on Election
Day, and for Absentee ballots for voters who will be absent or
otherwise not voting in person at the polls on Election Day.
Section 2. Direct in-person voting at the polls:
a. During voting hours, each polling place shall
be staffed by at least two people at all times.
b. Before being given a ballot, each voter shall present
identification and evidence of place of residence, employment or
property owned, to a polling place staff member. The polling staff
shall verify that the voter resides works or owns property in the 5th
By Northwest Area.
c. Upon such verification, the voter shall register in
the poll book, entering signature, residence address, place of
employment or property owned and (if listed) residence phone number.
d. The voter shall be provided with a single ballot, and
shall cast a vote by marking the ballot, folding it once, and
depositing it in a sealed ballot box provided for that purpose.
e. No person shall engage in any campaigning on
the premises of the polling place during the time the poll is open on
Election Day.
f. Witnesses: A candidate, or an individual or
group supporting or opposing any issues or candidate on the ballot may
be represented by a witness in the appropriate polling place. No
witness shall directly or indirectly campaign for issues or candidates
on the premises of a polling place. A candidate shall not serve as a
witness to the voting.
g. The polling staff shall deliver the sealed ballot
boxes to the Election Committee immediately upon the closing of the
polls.
Section 3. Absentee Voting:
a. A voter may request an absentee ballot by
applying in writing to the Absentee Ballot Supervisor (ABS). The
request shall include the applicant's signature, printed name,
residence address, place of employment or address of property owned,
and residence telephone number. The request shall include a
self-addressed stamped envelope. The request may be mailed or may be
delivered by hand.
b. The deadline for request of an absentee ballot
by mail or by hand shall be the fifth day before Election Day.
c. Upon timely receipt of an absentee request, the
ABS shall verify that the voter is qualified, and if so, the ABS shall
immediately mail one absentee ballot to the applicant by first class
mail.
d. For the vote to be counted as valid, the marked
absentee ballot must be received at the delivery place designated by
the ABS by 6:00 p.m. on the day prior to Election Day.
e. The returned ballot shall be sealed in an
envelope bearing the voter's name and residence address, employer or
address of property owned, clearly printed on the outside. The voter's
signature shall appear across the seal of the envelope, to assist
maintenance of ballot anonymity; however, failure to use the additional
unmarked inner envelope shall not invalidate the ballot.
Article
XIV. Counting of Ballots
Section 1. The Election Committee at its headquarters
immediately following the conclusion of all voting and the
transportation of voted ballots to the headquarters shall do the
counting of ballots.
Section 2. Witnesses may be present at the counting. A candidate
may also witness the counting.
Article
XV. Results
Section 1. The candidate receiving a plurality of valid
votes cast shall be the winner of his or her District.
Section 2. In the event of a tie vote, the relevant
ballots shall be recounted, and if the tie vote is verified, lot shall
decide the winner.
Section 3. The Committee shall informally notify the
candidates and the 5th By Northwest Area Commission
Chairperson of the uncertified election results within twenty-four
hours of the close of the polls.
Section 4. The election results, including the votes, shall be
certified by the Election Committee in writing to the Area Commission
Chairman after six days but within ten days following Election Day. The
5th By Northwest Chairperson shall, on behalf of the Area
Commission, certify the elected candidates to the Office of the Mayor
of the City of Columbus, in writing, within thirty days of receipt of
certification from the Election Committee.
Section 5. Only a person who has, prior to the election,
been certified as a qualified candidate by the Election Committee may
be certified as the winner of an election.
Article
XVI. Complaints
Section 1. A person who believes that the Election
Committee, any of its members, or a poll worker has not complied with
the requirements of these election rules may file a written complaint,
specifying the alleged error, with the 5th By Northwest Area
Commission. If no regular 5th By Northwest Area Commission
meeting is scheduled within one week after the receipt of any such
complaint, the 5th By Northwest Area Commission shall hold a
special meeting to hear the complaint. The 5th By Northwest
Area Commission shall issue a written decision on the complaint within
seven days after hearing the complaint.
Article
XVII. Security of Ballots
Section 1. Ballot boxes shall remain sealed until the
counting begins.
Section 2. Counting shall begin after a polling place staff
member delivers each ballot box to the Election Committee at its
headquarters.
Section 3. All voted ballots for each District shall be placed
in a sealed container after counting has been completed.
Section 4. The sealed containers shall be kept in a secure place
until two weeks after the election, at which time they may be destroyed
under the supervision of the Election Committee.
