Generic Bylaw Templates
For City-Based Programs
Who should serve on your Main Street Advisory Board?
By Debra Drescher, November 2017
Recently, I had a question from a program manager pertaining to voting, non-voting, and ex-officio members of a Main Street Advisory Board, and I compiled the following information for her based on examples I found in bylaws you all have previously submitted to us . In Texas, we have both Advisory (our city-based programs), and Governing (our non-profits) Main Street boards. Your bylaws all vary somewhat for that reasons, but also because -- while they are grounded in the legally prescribed format for bylaws --they all also reflect your unique program and community practices. These examples and rationales below provide information specially to a question about board makeup, but you can also find examples of your peers’ bylaws on this page of the library: http://www.txms-resourcelibrary.org/bylaws/. If you have recently updated your bylaws, or have not previously sent a copy to us, please provide them to us.
EX OFFICIO: This seems to be the most common scenario. Someone that is also in charge of adopting the budget for a city program (i.e. the city council approves the Main Street budget) might serve as an ex officio member of a board like Main Street, because being a voting member could cause a perception (or actual) of conflict of interest – i.e what happens when the council person is a voting member of the board, and the board wants to approach council/city manager for a budget increase? The council person can abstain of course, but he/she would essentially be participating outside of a quorum to do something that will ultimately be presented as an action item to the council.
Mount Vernon Example: " 1.) The Board shall be composed of nine (9) voting members, plus ex-officio members. Our sister organization, the Franklin County Historical Commission, shall recommend a member for representation on the Main Street Board. 2.) The ex-officio members may include but not be limited to the City Manager, the Mayor or their designee from the City Council, and a representative of each of the following: the Franklin County Chamber of Commerce, the Mount Vernon Economic Development Corporation, the Franklin County Judge or designee, the Franklin County Water District, and Mount Vernon Independent School District."
Celina Example: "Section 2: The Board shall be by appointment of the City Council of the City of Celina. The appointment will come after approval by a majority vote of the City Council, City of Celina, Texas upon recommendation of the City Council by the Board, or the Main Street Program Director. Nine (9) appointees will be at large representatives that will include interested and responsible citizens that shall be representatives of the; Chamber of Commerce, CISD, business leaders, the community, downtown merchants and the central business leaders. The Tenth (10th) appointment is a City Councilmember. Section 3: The Main Street Program Director and the City Council member shall be ex-Officio members of the Board. The Advisory Board will invite other Ex-Officio members, such members would include the directors or executives from the following organizations: The Superintendent of CISD or a School Board Trustee; the Chamber President or a Chamber Board Member; the Director of Celina's Planning Department or a designated planning staff member; and other organization representatives as determined by the Advisory Board.
COMMITTEE ONLY: Linden Example - The Board shall include at least two (2) owners of property and/or businesses within the defined Main Street district. No active member of City Council may serve on the Board; however, members of City Council may serve on any Committees of the Main Street Advisory Board, as long as no more than two (2) members of City Council sit on any one Main Street Committee at the same time.
VOTING MEMBER: This is the least common method; I didn’t find any specific examples in our collection. You want the participation and awareness; but you don’t want the potential for conflict it could cause, so the ex officio route seems the safest. Ultimately it is your call based on what works best in your community dynamic. What about other boards in your city? Do council people serve on those, and if so, as voting or non-voting members?
