Here are some of the highlights -- in question and answer form -- of the bylaws of the Paris Economic Development Corporation, since the Paris City Council will be making some changes Monday night in those bylaws. Q: May the five board members of the PEDC live anywhere in Lamar County, or are they required to live in the Paris City Limits? A: Each director shall be a bona fide resident and shall reside within the corporate limits of the City of Paris. (Last year, the city council considered but rejected allowing directors to live anywhere in Lamar County.) However, the PEDC bylaws do not specify any residency requirements for the executive director or for ex-officio members. Q: Who appoints the PEDC members? A: The Paris City Council appoints the PEDC directors, who serve 3-year terms and shall be limited to two consecutive full terms. The council shall consider an individuals experience, accomplishments, and educational background in appointing members to the board. No member or former member of the city council is eligible for appointment until they have been off the council for at least one year. Council appointments are staggered -- two in one year, two in the next year, and one in the next year. If a PEDC member. Q: How are mid-term vacancies on the PEDC filled? A: Any vacancy shall be filled by appointment by the city council to the unexpired term of the vacated position. The resigning board member may continue to serve until a replacement is appointed and sworn in. Q: How does the PEDC determine its goals? Q: According to the bylaws, the PEDC is required to develop an overall economic development plan that shall include both short-term and long-term goals. Section 4.03(2) says that plan shall be approved by the city. (I think they mean not that the council is required to approve the plan, but that the council must approve the plan before the plan can go into effect.) Q: How are PEDCs officers determined? A: Each year, in the meeting following the councils appointment of members, the PEDC shall take nominations from within and name a chairman, vice chairman and secretary-treasurer. Terms of office are for one year, with each continuing to serve until a successor is appointed. Any officer elected or appointed by the board may be removed from office by an affirmative vote of no less than four members of the board. Q: Who are the PEDCs ex-officio members? A: Section 6:06 (Ex-Officio Members): The mayor and city manager of the City of Paris; the Lamar County judge; the president of Paris Junior College; and the president of the Lamar County Chamber of Commerce or their authorized designee may attend all meetings of the board as ex-officio members. These representatives are encouraged to attend all PEDC meetings but shall have no power to vote. Their attendance shall be for the purpose of insuring that information about the meetings is accurately communicated to the organizations they represent. The PEDC executive director is also an ex-officio member and shall also be an ex-officio member of all board committees and subcommittees. Q: Are ex-officio members allowed to attend executive sessions? A: By majority vote of the voting members of the board, ex-officio members may be excluded from some executive sessions concerning personnel matters. Q: Where do the PEDCs operating funds come from? A: From a sales tax of one-fourth cent approved by voters in the early 1990s for programs that directly accomplish or aid in the accomplishment of creating identifiable new jobs, including job training or planning and research activities necessary to promote said new job creation. Q: How many votes are required for passage of an item? A: At least three directors must be present to constitute a quorum. Only the five PEDC directors are allowed to vote on any item. To be adopted, an item must get a majority of those voting unless the bylaws specifically require a greater number. Q: Do PEDC members receive compensation? A: No, but they may receive reimbursement for their actual expenses incurred in the actual performance of their duties while on official business of the board in accordance with state law. Q: What happens if a board member has a conflict of interest or potential conflict of interest with an item under consideration? A: Section 4:10: In the event that a director or ex-officio member is aware of a conflict of interest or potential conflict of interest ... he may request to be excused from the board room while the matter is deliberated and voted on, and by vote of the board will be so excused. Q: What if a director is concerned that another director may have a conflict of interest? A: Any director or ex-officio member may bring to the attention of the board any apparent or potential conflict of interest of any other director or ex-officio member, ïn which case the board shall determine whether a true conflict of interest exists before any deliberation or vote is taken regarding that particular matter. The director or ex-officio member with the possible conflict of interest shall refrain from deliberating or voting on the conflict-of-interest question. Q: How can a PEDC member be removed? A: Section 4:11 (Removal from Board): With approval of a resolution approved by dour members of the PEDC board, the PEDC may request that the city council remove a director. Or, the City Council can remove a PEDC member with an affirmative vote of a super-majority of five or more members of the council. The PEDC board and the member to be removed must be notified at least seven days prior to the meeting in which the vote is taken. The removal of a PEDC board member is effective immediately upon passage of the resolution by the city council. Q: How much money may the PEDC spend on its own authority without approval by the City Council? A: On its own authority and in accordance with state law, the PEDC may spend up to $400,000 on any one project without having to obtain prior approval from the city council. However, the PEDC has no authority to negotiate or authorize tax abatement agreements without formal review and approval of the city council. Q: The executive director and PEDC chairman are responsible for creation and posting of PEDC agendas. Are individual members allowed to request that an item be placed on the agenda? A: Any PEDC member may request that an item be placed on the agenda by delivering the same in writing to the chairman or executive director at least five days prior to the date of the board meeting. Q: What happens if a PEDC member stops attending meetings of the board? A: Section 5:08 (Attendance): Three consecutive absences or other such irregular meeting attendance may be considered grounds for removal from the board.
Posted on: Fri, 22 Aug 2014 22:24:09 +0000
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