Sunny Side /South Park Super Neighborhood

Communicating with the Office of Inspector General II 10/27/02

Process and Questions

Mr. White,

A meeting will not be necessary for me to make clear to you what I am
asking.
I believe it is already clear what I am asking and why.

1. The first question is very simple to answer. Either you received a copy
of
the letter or you did not.

2. The second question is very simple to understand, although it probably
won't be as easy to answer as question #1. Either a prohibition exists
(either
explicitly or implicitly) or it does not. If it exists, where does it exist?

As I told you, I have been unable to identify any by-law or established
guideline, policy, or procedure (or "due process"), which prohibited the
action the majority of stakeholders of Super Neighborhoods 71 and 76 decided
to take (i.e., form their own council) and which was subsequently approved
by
the Planning & Development Department.

3. The third question, which is also very simple to understand and
relatively
easy to answer, gives you the opportunity to explain how you would handle a
similar situation and why. I thought your answer to this hypothetical
question
might be a different way (a more positive way) for you to express your
reason(s) for believing the situation in question was wrongly handled by Mr.
Litke and the Planning & Development Department.

I think we already have enough information on which to base a recommendation
to the inspector general concerning your complaint. However, I wanted to
give
you one last opportunity to clearly and specifically identify for OIG any
by-laws, established guidelines, etc., you believe Mr. Litke violated in
this
situation before we closed the inquiry. Since you apparently have nothing
else to add to your previous communications to OIG in this regard, we will
proceed with completing our inquiry report and making our recommendation to
the inspector general. Should you change your mind and decide to address the
three questions in writing, please notify me no later than the close of
business Monday, October 28, 2002, that you plan to do so. If I do not hear
by
then that you intend to respond to the questions, the inquiry report and
recommendation will be presented to the inspector general the following day.

Thank you,

Lieutenant T. W. Hartnett
City of Houston
Office of Inspector General
61 Riesner, 3rd Floor
Houston, TX 77002
Office: 713-247-4028

>>> Charles X White 10/24/02 06:31PM >>>
I don't understand your line of questioning. I would like to invite you to
meet with us so that we can be clear on what you are asking.

1. I have answered this question twice. Why ask again?
2. We are not talking about a hypothetical situation. Why ask this type of
question?

We don't understand you line of questioning. I will call Monday to set up a
meeting time. Thank you.


----- Original Message -----
From: "Hartnett, Thomas - HPD"
To:
Sent: Thursday, October 24, 2002 4:50 PM
Subject: Fwd: OIG Inquiry C02-500


> Mr. White,
>
> I'm sending this again in case you did not receive it the first time.
>
> Lt. Hartnett
>
>
> -----Original Message-----
> Date: 10/22/2002 06:58 pm -0500 (Tuesday)
> From: Thomas Hartnett
> To: charitypro@ev1.net
> Subject: OIG Inquiry C02-500
>
> Mr. White,
>
> Before OIG completes its inquiry concerning your complaint, I have a
couple
> of questions that I request you answer at your convenience.
>
> 1. A letter, dated August 16, 2002, from Mr. Litke to Mr. Les Chamberlain
> states in part the following:
>
> "At the request of the majority of the stakeholders in Sunnyside (#71) and
> South Acres/Crestmont Park (#76) Super Neighborhoods, the Planning and
> Development Department has approved the reformation of the former
> Sunnyside/South Park Super Neighborhood (#s71, 72 and 76) into two
separate
> super neighborhood councils. The new councils are now Sunnyside/South
> Acres/Crestmont Park Super Neighborhood (#71 and 76) and the South Park
> Super Neighborhood (#72)."
>
> The copy of the letter OIG has in its file indicates you and Mayor Brown
> were to receive a copy of the letter. Did you receive your copy?
>
> 2. In your memorandum of October 19, 2002, regarding the "reformation" of
> the one super neighborhood council into two super neighborhood councils,
you
> state that "our right to due process" was "ignored and violated" and that
> "due process" was circumvented. I have reviewed your by-laws, the
> information you provided in your memorandum, and the Guidelines for
> Organizing Super Neighborhoods and Forming Super Neighborhood Councils. So
> far, I have been unable to identify a by-law or an established guideline,
> policy, or procedure (or "due process"), which would prohibit (in specific
> or even general terms) the forming of a super neighborhood council by the
> majority of stakeholders in a super neighborhood separate from an existing
> super neighborhood council as was done in this case. Will you please let
me
> know if such a prohibition relative to such a "'reformation" exists and
> where?
>
> 3. Hypothetically, if the majority of stakeholders in Super Neighborhood
72,
> your super neighborhood, had decided in April of 2002, to separate from
> Super Neighborhoods 71 and 76 and form its own super neighborhood council
> (without discussion for whatever reason), how, in your opinion, should
such
> a desire of the majority of stakeholders in Super Neighborhood 72 have
been
> brought to pass and according to what specific by-laws and established
> policies, procedures, and guidelines?
>
> Thanks once again for your cooperation,
>
> > City of Houston
> Office of Inspector General
> 61 Riesner, 3rd Floor
> Houston, TX 77002
> Office: 713-247-4028
>
>

Process and Questions

Mr. White,

In your memorandum to me, dated October 28, 2002, you mention Article 5.1
and
IX and Article II. I assume these are the specific by-laws you believe Mr.
Litke violated. I do not have a copy of these articles. Will you e-mail or
fax
them to me? My fax number is 713-247-8202.

Thanks,



City of Houston
Office of Inspector General
61 Riesner, 3rd Floor
Houston, TX 77002
Office: 713-247-4028

Respond with By-laws

Thanks, Mr. White.

>>> Charles X White 10/31/02 05:13PM >>>
SUNNYSIDE/SOUTH PARK SUPER NEIGHBORHOOD
BY-LAWS
ARTICLE I - NAME
The name of the organization shall be SUNNYSIDE/SOUTH PARK SUPER
NEIGHBORHOOD.
ARTICLE II - BOUNDARIES
The SUNNYSIDE/SOUTH PARK SUPER NEIGHBORHOOD is bounded on the North by Loop
610, on the South by City of Houston city limits, on the West by South
Freeway (S.H. 288) and on the East by Mykawa Road.
ARTICLE III - PURPOSE
The purpose of this organization is to create a broad-based neighborhood
forum where residents and stakeholders come together to discuss issues
impacting their neighborhood. The organization will seek to provide
citizens with opportunities such as, social and economic development,
educational and recreational facilities, cultural experiences, job training,
and affordable housing.

ARTICLE IV - MEMBERSHIP
The SUNNYSIDE/SOUTH PARK SUPER NEIGHBORHOOD membership is open to any
stakeholder within our designated boundaries (see article II), and
contiguous areas as defined by the City of Houston. Participation in the
SUNNYSIDE/SOUTH PARK SUPER NEIGHBORHOOD shall, in no way, is limited by the
imposition of membership fees. SUNNYSIDE/SOUTH PARK SUPER NEIGHBORHOOD
prohibits the exclusion of any individual or organization based on race,
creed, color, religion, gender, sexual orientation or national origin from
participating in super neighborhood council activities or serving as a
council member. Stakeholder, as defined in the City of Houston Super
Neighborhood map.

Section 4.1 Stakeholders Participation:
Stakeholders include groups like civic clubs, neighborhood block
associations, non-profits, tenant associations, and community development
corporations. Other neighborhood entities such as businesses, schools,
churches and hospitals should be represented through their umbrella
organizations and coalitions rather than as single entities. Where there is
no coalition organization, one could be formed and a representative elected
to serve on the super neighborhood council. This will also encourage
enhanced cooperation and collaboration between similar groups. For example,
instead of a bank president, the chair of the local chamber of commerce
would be preferred.
Section 4.2 Voting Members shall include:
1. Religious Associations (1)vote per Denominations/Association)
2. Business Associations (1)vote per - category:
a) Retail
b) Wholesale
c) Manufacturing
d) Distribution
e) Marketing
3. Non Profit Association (1) vote for non-profits per-category:
a) Community Based Service Providers
b) Youth Service Providers
c) Medical Service Providers
d) Social Service Providers
e) Community Development Corporations
4. Houston Community College Central College (1 vote)
5. Houston ISD - South and South Central Districts (1 vote per district)
6. Civic Clubs existing and newly formed Civic Clubs registered must be
registered with the City of Houston. New members voting privileges are
effective 30 days after joining the SUNNYSIDE/SOUTH PARK SUPER NEIGHBORHOOD
council.

ARTICLE V - OFFICERS
The elected officers of the SUNNYSIDE/SOUTH PARK SUPER NEIGHBORHOOD council
shall consist of President, First Vice President, Second Vice President,
Third Vice President, Secretary, Assistant Secretary, Correspondence
Secretary, Parliamentarian and the Treasurer.

Section 5.1 - The president shall preside over all general and executive
committee meetings. The president shall have the authority to conduct
meetings and to maintain order. The president shall appoint all committee
chairs.

Section 5.2 - The first vice president shall preside at all meetings in the
absence of the president. The vice president shall assist the president,
perform various duties and also serve on committees as assigned by the
president.

Section 5.3 - The second vice president shall preside at all meetings in the
absence of the president and first vice president.

Section 5.4 - The third vice president shall preside at all meetings in the
absence of the president and second vice president.

Section 5.5 - The secretary shall keep accurate record of proceedings of all
meetings, submit minutes for membership approval at the next meeting. The
secretary shall also attend to general correspondence, when applicable, act
as custodian of all records, as well as maintain current membership
information, including notification of members of time and place of meeting,
and also maintain attendance records.

Section 5.6 - The correspondence secretary shall assist the assistant
secretary in the performance of his/her duties of the secretary in his or
her absence. He or she must review and attend to all incoming and outgoing
correspondence of the council. In the absence of the secretary the
corresponding secretary shall assume the duties of the secretary.

Section 5.7 - The assistant secretary shall assist the assistant and
correspondence secretary in the performance of his/her duties in the absence
of the assistant and correspondence secretary the assistant secretary will
perform the duties of both secretary and correspondence secretary.

Section 5.8 - The treasurer shall keep accurate record of all financial
transactions, receive all monies, and deposit all funds in the bank. This
officer will disburse monies as authorized by the council. The treasurer
shall present a report of finances at each general meeting of the council.
The treasurer shall submit the books and record to the Audit Committee when
asked. He or she shall not serve as a member of the Audit Committee.

Section 5.9 - Elections shall be held every two years.
Section 5.10 - No member shall hold more than one (1) office at a time.
Section 5.11 - Any vacancy in an office shall be filled by a special
election. Election notices must be posted 30 days prior to the election.
Officers elected to fill any vacancy shall assume office at the first
meeting following the special election and shall hold office until the next
regular election of officers.

Section 5.12 - Any officer, who fails to meet the obligations and
responsibilities of his or her office, may be removed from the office by a
majority votes, with a quorum of voting members present. Removable acts:
None attendance to three consecutive meetings without notification.

Section 5.13 - majority shall elect All officers with a quorum present.

Section 5.14 - Quorum; shall consist of two thirds of the members identified
in article IV.
ARTICLE VI - Non-Profit Status
6.1 - The SUNNYSIDE/SOUTH PARK SUPER NEIGHBORHOOD is organized exclusively
for charitable, civic, educational cultural, affordable housing and general
community improvement, including, for such purposes, the making of
distributions to organizations that qualify as exempt organizations under
section 501 (c) (3) of the Internal Revenue Code, or corresponding section
of any future federal tax code.

No part of the net earnings of the corporation shall inure to the benefit
of, or be distributable to its members, trustees, officers or other private
persons, except that the corporation shall be authorized and empowered to
pay reasonable compensation for services rendered and to make payments and
distributions in furtherance of the purposes set forth in Article Three
hereof. No substantial part of the activities of the corporation shall be
the carrying on of propaganda, or otherwise attempting to influence
legislation, and (including the publishing or distribution of statements)
any political office. Notwithstanding any other provision of these
articles, the corporation shall not carry on any other activities not
permitted to be carried on (a) by a corporations exempt from federal income
tax under section of any future federal tax code, or (b) by a corporations
to which are deductible under section 170 (c) (2) of the Internal Revenue
Code, or corresponding section of any future federal tax code. Upon the
dissolution of the corporation, assets shall be distributed for one or more
exempt purposes within the meaning of sections 501 (c) (3) of the Internal
Revenue Code, or corresponding section of and future federal tax code, or
shall be distributed to the federal government. Or a state or local
government, for a public purpose. Any such asset not so disposed of shall
be disposed of by the Court of Common Pleas of the County in which the
principal office of the corporations then located, exclusively for such
purpose or to such organization or organizations, as said Court shall
determine, which are organized and operated exclusively for such purposes.
In witness whereof, we have hereunto subscribed our names of this document.
At a meeting of the members at which a quorum was present, February 3, 2000.
ARTICLE VII - MEETINGS
Section 7.1 - The general meeting of the council shall be held a minimum of
twelve (12) times a year. Regular meetings of this organization shall be
held on every second Saturdays of the month. The Annual meetings shall be
held in January of each year and shall include year-end financial reports,
installation of new officers and any other organizational business that
shall arise. (Saturday may be amended)
Section 7.2 - All council activities will be conducted in open meetings,
where all residents and stakeholders may observe and participate under
defined circumstances. Example, speaking for a designated amount of time
at a meeting. Members will be responsible for getting a copy of the minutes
from the secretary for discussion at their local civic association.

Sections 7.3 - The fiscal year shall begin in January 1 and end December 31.

Section7.4 - In the event that the general meeting falls on a legal holiday,
the time and date of the general meeting shall be set by the president at
the preceding general meeting with the consent of the council.
Section 7.5 - A simple majority of the council members shall constitute a
quorum for the transaction of business at a general meeting.
ARTICLE VIII - COMMITTEES
Section 8.1 - Committees shall be established as the need arises by the
council.
Section 8.2 - The committee chairperson shall appoint committee members.
ARTICLE IX - AMENDMENT OF BY- LAWS
Section 9.1 - These by-laws may be amended as needed in writing as needed.
Amendments must be presented at a meeting of the council, read and approved
by a two-thirds (2/3)-majority vote at two (2) consecutive meetings at which
a quorum is present.

Adopted by the Officers --- Date:
At Houston, Texas
_______________________________________President

______________________________________Secretary


----- Original Message -----
From: "Hartnett, Thomas - HPD"
To:
Sent: Thursday, October 31, 2002 3:50 PM
Subject:


> Mr. White,
>
> In your memorandum to me, dated October 28, 2002, you mention Article 5.1
> and
> IX and Article II. I assume these are the specific by-laws you believe Mr.
> Litke violated. I do not have a copy of these articles. Will you e-mail or
> fax
> them to me? My fax number is 713-247-8202.
>
> Thanks,
>
>
>

> City of Houston
> Office of Inspector General
> 61 Riesner, 3rd Floor
> Houston, TX 77002
> Office: 713-247-4028
>
>