Proposal:

Wilkinsburg Community Advisory Team

The Wilkinsburg Community Advisory Team (WCAT) shall be an official public participation body of the Borough of Wilkinsburg Government Study Commission with membership open to the public except for those who have a conflict of interest.  The role of the WCAT is to assist and advise the Commission on matters under consideration; to investigate conditions within and affecting the community, to identify its problems and needs; to research possible solutions and potential means that could better meet present and future needs; and to propose for the Commission’s consideration appropriate provisions for inclusion in a new municipal charter.  In addition, the WCAT is to assist the Commission with informing, educating, and advising the public about matters under consideration, and to act as conduit for enhancing communication between the members of the public and the Commission.

Organization and operation of the Community Advisory Team

The WCAT shall adopt bylaws which comply with the provisions herein and may address other matters not included, subject to the approval of the Commission.

a. The membership shall not be restricted in its number and, except where a conflict of interest exists as provided herein, shall be open to residents, Borough property owners, Borough taxpayers of record, owners and/or operators of businesses in the Borough, and such others whom the WCAT determines have legitimate concerns and/or interests that may be affected by or come under the jurisdiction of the Borough.  Members must be real, natural persons who shall participate as individuals and not as a representative of any organization.

b. Officers of the WCAT must be Borough residents who are members in good standing and in compliance with such other requirements as are set forth in the WCAT bylaws.

c. Members of the WCAT shall vote as follows:

1. Except as otherwise provided, Borough residents shall be able to participate in votes on all issues and matters before the WCAT, except that those voting upon bylaws, officers, and contractual matters involving the WCAT must also be of legal age; non-resident property owners shall be able to participate in votes concerning issues affecting or related to properties within the Borough; non-resident Borough taxpayers of record shall be able to participate in votes concerning the Borough’s taxing, spending, budget, and revenue related issues; non-resident business owners and/or operators shall be able to participate in votes concerning or related to businesses and business operations within the Borough; non-residents with qualifying concerns may vote upon matters affecting them; and all members may participate in votes concerning public safety issues.
2. The election of officers shall be by secret ballot.
3. For ballot votes where there are more than two alternatives and only one is to be chosen, a method of preferential voting shall be used in which those voting indicate their order of preference for as many of the available choices as they wish, with no more than one level of preference indicated per alternative.  Any alternative that receives the highest preference on a majority of ballots shall be selected.  If none receives a majority, the number of the next lower preference indicated for each alternative shall be added to its higher preferences through successive rounds until at least one alternative reaches a number equal to a majority of the ballots cast, with the alternative having the highest such number being selected.  In the case of a tie, the tied alternative with the highest count prior to the last added preference shall be selected.
4. To assure that those who are voting to make decisions have at least some minimum level of involvement, the WCAT bylaws may establish minimum attendance and/or participation requirements for individuals to acquire and retain membership, position, or voting rights, provided there is a waiver for exceptional circumstances and the criteria are in compliance with a nondiscrimination clause in its bylaws.
5. Beginning 30 days after the initial meeting of the WCAT, a member shall not be able to vote unless they have been enrolled as a member for the preceding 30 days and have attended at least one prior meeting as a member.
6. Under no circumstance may a WCAT member use any form of intimidation nor the provision or offer of any form of enticement or inducement, whether explicit or implied or immediate or future, in order to influence another member’s vote.

d. Each member shall submit to the WCAT a signed membership form which identifies the person, contains their contact information, and provides pertinent information, such as that which may be relevant to potential conflicts of interest, etc.; which, for nonresidents, identifies their qualifying concerns and/or interests; and which indicates the applicant desires to be a member of the WCAT during the Government Study process, that they agree to comply with the WCAT’s rules and Conflict of Interest Provisions, and that they attest that the information they have given is true and correct.  Initial submission must be accompanied by proof of identity, and members must keep current their information on file.  A waiver of signature may be granted for valid cause.

e. The WCAT shall not require membership dues.  The WCAT may assess mailing fees to cover costs for postage (when requested instead of electronic communications) provided there is a waiver for limited income.  In cases where there is a need to cover part or all of the costs of a WCAT activity or event related to fulfilling its official role and duties, the WCAT may request a free will donation to help cover the costs involved.

f. In addition to standing and ad hoc committees defined by issue, function, etc. the WCAT may establish subdivisions of the WCAT that are defined by area for portions of the Borough.

g. Minutes shall be kept for all meetings and, after approval, shall be posted on the Internet, placed in print at the Borough libraries and community centers, and filed with the Borough Secretary.

h. Majority reports from the WCAT may be accompanied by one or more minority reports when requested by a member in good standing, provided such minority reports are reviewed and approved, without concurrence being implied, by 20% of the WCAT members present and voting or as set in the WCAT bylaws.  Reports must not be libelous or slanderous.  The WCAT Chair, or any Study Commission member may request the Commission’s or Borough’s Solicitor review and rule on any questionable material.  All majority and minority reports shall be:  posted on the WCAT website; made available in print at the Borough’s libraries and community centers; presented to the Commission; and filed with the Borough Secretary.

i. The WCAT bylaws shall include an anti-discrimination clause and conflict of interest provisions related to its operations.

j. The WCAT bylaws may establish procedures for enforcing various requirements which apply within the WCAT, provided there is a process for appeal.

k. The parliamentary reference for WCAT meetings and organizational procedures not addressed by its bylaws and rules shall be the most recent edition of Robert’s Rules of Order, Newly Revised or its successor.

Conflict of Interest Provision

a. For purposes of participation in the WCAT, a conflict of interest shall in general exist when a person or entity in which a person is substantive involvement, stands to receive, is seeking, or plans to seek special approval or monetary or material gain (other than the general services provided all residents and assistance for educational purposes or low income) from any action, operation, or program of the Borough, its agencies, authorities, units of government, or that are under the direction, administration, or determination thereof; in addition, a conflict of interest shall be deemed to exist where an advantage may be gained for a business interest by disadvantaging a competitor.

b. The WCAT shall adopt and implement a Conflict of Interest Provision regulating participation in the WCAT and regulating funding or donations to the WCAT.  For such purposes the following shall in specific be deemed to have conflicts of interest:  employees of the Borough, its agencies, and its units of government; officers, board members and employees of nonprofit organizations in receipt or pending receipt of funding from the Borough of an amount as may be addressed in the WCAT bylaws; consultants, contractors, suppliers, vendors, individuals, and any other entities which do business with the Borough or have or seek contracts and employment with the Borough; litigants with material claims against the Borough; registered lobbyists; persons or agents of interests seeking special approvals from the Borough or seeking or receiving subsidies, tax abatements, tax incremental financing, forgivenesses, or other monetary or material gain from public sources for themselves individually, their families, their businesses, or their real estate; individuals having arrangements or associations with the Borough which may otherwise be deemed to constitute a financial or other conflict of interest; and the employees and immediate family members of any of the aforesaid.

c. Participation by those having a conflict of interest as covered by the WCAT bylaws shall be the same as for WCAT non-members from the general public, provided their conflict is fully disclosed at such meetings as they attend.

d. The WCAT Conflict of Interest Provision shall address:

1. the responsibility to disclose potential conflicts of interest;
2. the process and procedures for assessing and determining the status of the various parties having conflicts of interest;
3. prohibitions of membership and restrictions on participation and funding;
4. situations when there may be participation without vote;
5. the criteria and process for granting waivers;
6. the handling of conflicts of interest which may arise with individual votes or issues for members not otherwise barred from membership or voting;
7. avoiding conflicts of interest in the acceptance of funding or donations;
8. funding or donations, either financial or in-kind, from organizations with a possible conflict of interest;
9. such other matters and circumstances as may involve conflicts of interest.

e. Where a conflict of interest arises for already seated WCAT members, if the conflict is substantial and significant and will be ongoing, they shall remove themselves from membership, or, if the conflict is temporary and/or limited in nature as determined by the WCAT officers, they may be asked to recuse themselves from participating in related discussions, or, at a minimum, they must disclose the conflict whenever they speak in a related discussion, and, in no case shall they participate in any votes related to the conflict.

f. The WCAT shall have a standing Ethics Committee, the purpose of which shall include considering, reviewing, and advising the WCAT officers and membership on matters of conflicts of interest.

Implementation of the Community Advisory Team

a. The Government Study Commission Chair shall schedule the first meeting of the WCAT.

b. The Commission Secretary shall be responsible for drafting an initial membership form and for receiving them.  One or more Commission members shall verify eligibility of prospective WCAT members who have applied before the initial meeting.  The Commission shall be responsible for providing initial voting credentials to those without a conflict of interest who are qualified to vote at the first WCAT meeting.  The Commission Secretary shall thereafter maintain a roster of the WCAT membership.

c. The first meeting of the WCAT shall be called to order by the Commission Chair or Vice-Chair or an appropriate designee. The meeting agenda shall include:

1. appointment of the meeting parliamentarian;
2. setting the quorum for WCAT meetings until set in the WCAT bylaws;
3. creation of a WCAT Bylaws Committee;
4. election of interim officers;
5. determining the next meeting’s time and date.