Template revised January 10, 2019.
Item No.
8b_Attach 3
Date of Meeting
October 27, 2020
2020 BYLAWS AND RULES OF ORDER AMENDMENTS
SECTIONAL ANALYSIS OF SUBSTANTIVE AMENDMENTS BY ARTICLE
Article I – Object
• No proposed amendments
Article II – Commissioners
• Technical amendments
• Commissioners, Ethical behavior, conflict of interest, recusal procedure
o Strikes language allowing for abstentions from voting. Maintains recusal for conflicts, or
potential conflicts, of interest [Article II(5)(b)]
Article III - Officers
• Technical amendments
• Duties of the President
o Adds courtesy copy of individual members’ media publications for notice to the
Commission President, as spokesperson of the Commission, 24 hours in advance of
intended issuance. [Article III(5)(f)]
o Travel Coordination. It is the policy of the Port (Policy AV-2) that the Commission
President approves all domestic travel for Commissioners and that the full Commission
approves international travel requests. This provision outlines the process for travel
authorization. [Article III(5)(h)]
o Coordination of commission office budget. Adds language around the process of the
commission chief of staff preparing the commission office budget based on the priorities
and budget requests of the commission. Further states the commission president shall
review the proposal and consult with commission members regarding the proposal and
their requests, as needed.
• Commission Orders
o Proposed for inclusion in these bylaws is the distinction between a procedural ‘motion’
of the Commission, and something else – a more formal moniker for Commission actions.
It is appropriate to make this distinction, as opposed to defining all actions, even
procedural ones, as a ‘motions.’ Formal actions are hereby proposed to be termed
‘orders.’ [Article III(8)(d) and (e), Article V(5), and Article VI(6)].
Article IV – Meetings
• Technical amendments
• Regular meetings
o Adds August and November to Commission regular meetings which are held on the
second and third Tuesdays of a month. (Making this change preserves two regular
COMMISSION AGENDA – Action Item No. 8b Page 2 of 4
Meeting Date: October 27, 2020
Template revised June 27, 2019 (Diversity in Contracting).
meetings for the Commission during these months and avoids notice requirements that
would be involved with simply cancelling the 4
th
Tuesday meetings and re-noticing them
as special meetings.) [Article IV(4)(a)]
o Amends existing language to provide for an Executive Session start time of
10:30 a.m. [Article IV(4)(a)]
o Add language noting that regular meetings following a national holiday may be
rescheduled as needed. [Article IV(4)(a)]
• Order of business for regular meetings
o Adds an order of business for Committee Reports and reorders the Order of Business for
regular business meetings to better prioritize items coming forward for Commission
consideration. Removes ‘Special Orders’ and replaces it with ‘Special Orders of the Day,’
‘Unfinished Business,’ ‘New Business,’ and adds a place for Commission Comments at the
end of the agenda. [Article IV(5)(a) - (n)]
• Special meetings
o Amends language to lengthen notification requirements for the calling of a special
meeting by majority of the membership. Seven (7) calendar days was previously
proposed in the February presentation of the amendments. The Clerk has revised this to
be ‘3 business days.’ [Article IV(6)(d)]
• Executive sessions
o Deletes language requiring a door posting notification for extension of time in Executive
Session. The Commission Clerk is physically present to inform all participants in the
meeting room and lobby areas of extension of time for Executive Sessions. A door posting
is not a requirement of law and is distracting from the core duties of the Clerk during
meetings, including the duty to attend to the public, if the Clerk has to leave to prepare
and print a door posting. Rather, language is proposed requiring the announcement of
session extension both within the meeting room and in the common area immediately
adjacent to the meeting room where participants may be waiting. [Article IV(8)(e)]
• Study session
o Adds language defining ‘study session,’ a formal working session of the Commission.
[Article IV(9)]
• Public hearing
o Adds language defining ‘public hearing,’ as defined by law and as desired to be held by
the Commission. [Article IV(10)]
Article V – Committees
• Technical amendments
• Committees, charters required
o Adds language mandating that committee charters be informed by the Commission’s
strategic priorities and workplans. [Article V(2)]
• Committee membership
o Adds language defining that Commissioners may not serve more than two consecutive
years on the same standing or special committee without a one year break in between
two years of service. The provision also allows for a waiver and continued service upon
approval of the Commission. [Article V(3)]
• Standing committees
COMMISSION AGENDA – Action Item No. 8b Page 3 of 4
Meeting Date: October 27, 2020
Template revised June 27, 2019 (Diversity in Contracting).
o Deletes the requirement that standing committees shall meet in open public meetings
(this provision now resides in the committees’ charters, as it is procedural to the
committees). [Article V(4)]
o Adds language recognizing the previously created standing committees. [Article V(4)(b) –
(e)]
• Special committees
o Deletes language specifying that special committees need not meet in public session
when their membership is less than a quorum of commissioners and they are not legally
authorized to act on behalf of the commission. (This aligns with state law governing Open
Public Meetings Act requirements.) [Article V(5)]
• Attendance at committees by additional commissioners
o Amends language lengthening notice to the Commission Clerk of a quorum of
Commissioners at committee meetings. The current bylaws provision only allows for 25
hours notification. State law requires 24 hours for notice and posting of special meetings.
The provision, as currently written, provides exactly one hour for the Commission Clerk
to receive notice and perform the work. (Provides adequate notice for the scheduling and
noticing of a special meeting.) [Article V(7)]
• Record of committee proceedings and recommendations
o Adds language providing that standing committee charters may require the electronic
recording of standing committee meetings [Article V(8)]
o Adds language providing that standing committees will, and special committees may, be
subject to annual workplans. [Article V(9)]
o Adds language requiring year-end reports of standing committees. [Article V(9)]
Article VI – Rules of Order
• Voting
o Removes language allowing abstention from voting. [Article VI(2)a)] (See corresponding
amendment in Article II(5)(b) above.)
• Voting, motion required
o Adds language requiring written non-procedural motions, commission orders,
proclamations, and amendments to main questions. This is current Commission practice.
[VI(2)(b)]
• Rules of Order, motions postponed
o Adds language clarifying procedures for postponement of Commission actions. [Article
VI(2)(d)]
• Rules of Order, amendment of questions
o Removes vote requirement of 2/3
rds
for untimely filed amendments. Still requires that
amendments be filed 24 hours in advance of a meeting. [Article VI(4)]
• Order and decorum
o Adds language describing types of behavior that are out of order. [Article VI(9)]
• Rules governing public comment
o Adds language specifying the limitation of public comment – being specific to the conduct
of port business. [Article VI(10)(a)]
o Adds language recognizing the process for accepting written public comment and
attaching them to the minutes of the meetings, as part of the official public record. Also
COMMISSION AGENDA – Action Item No. 8b Page 4 of 4
Meeting Date: October 27, 2020
Template revised June 27, 2019 (Diversity in Contracting).
adds language recognizing the summary report out of written comments received by the
commission clerk at the time of the meeting. [Article VI(10)(b)]
o Adds language adding to the description of ‘disruptions’ at Commission public meetings.
[Article VI(10(f)]
o Adds language providing a framework for warning for disruptive conduct of public
meeting participants. [Article VI(10(g)]
