Prior to the recent ASNC elections, the Department of Neighborhood Empowerment received a Board Structure Change Request Form.
The requested change submitted by the ASNC reads as follows:
"Add 2 At Large seats to raise number of Board seats to 21. These At Large seats would be for Factual Basis Stakeholders to run and vote for the Board. Quorum will be increased to 11."
The request was supported by DONE.
In Article V Section 1 of the just approved October 12, 2012 ASNC By-Laws, the Composition of the Board is defined.
There are to be Twelve (12) Geographic Rperesentatives and Nine (9) At Large Representatives. Of the Nine (9) At Large Representatives "Two (2) are to be for Factual Basis Stakeholders, (see Article V, Section 1, (b) 8).
I contacted DONE and asked, "are the 2 new At Large seats reserved for Factual Basis Stakeholders? If this is the case, these rules were not adhered to the most recent elections."
DONE's response was:
"They are not. The Open Board Seat Descriptions for the 2012 election detail the qualifications for candidates and for voters. When the Department was working with the Board on the bylaws, there was a discussion of the difficulty in excluding voters who lived, worked, and owned property from the new At Large definitions. Therefore, the Board decided that the At Large seats were for all stakeholders, i.e. those who live, work, own property, or declare a stake in the neighborhood and affirm a factual basis for it."
The "Open Board Seat Descriptions" for the At-Large Representative were published as:
"Stakeholders who live, work, own property or those who declare a stake within the ASNC boundaries and affirm a factual basis for it and who are 18 years or older."
Whereas the new By-Laws state:
"These At Large seats are for Factual Basis stakeholders to run and vote for the Board."
The problem here is that the Open Board Seat Descriptions are inconsistent with the language of the approved new By-Laws. The elections were not held in accordance with the By-Laws of the ASNC.
DONE states "the Board decided that the At Large seats were for all stakeholders." There is no indication of this decision in any of the ASNC minutes.