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Commonwealth of the
Northern Mariana Islands
(CNMI)
Council on Developmental Disabilities
N E W BY LAWS
This new Bylaws repeals the previous
January 26, 2001
Bylaws in its Entirety
January 31, 2003
BYLAWS
Article I.
Authority
Section A -
Federal Statue
Section B -
Federal Funds
Section C -
CNMI Statue
Section D -
Name
Article II.
Purpose
Section A -
Vision Statement
Section B -
Mission Statement
Section C -
Principals & Policies that Govern Council Activities
Section D -
State Plan and Implementation
Section E -
Other
Article III.
Membership
Section A -
Membership
i.
Representatives of Individuals with Developmental Disabilities
ii.
Mandated Agencies/Qualifications
iii.
Representatives of Local Agencies, Nongovernmental & Private
Non-Profit Groups
Section B -
Membership Rotation
Section C -
Proxy Vote
Section D -
Duties & Powers
Section E -
Orientation
Section F -
Indemnification
Section G -
Attendance
Article IV.
Officers
Section A -
Titles
Section B -
Qualifications
Section C -
Election
Section D -
Term
Section E -
Vacancies
Section F -
Duties of Officers
Article V.
Committees
Section A -
Committee Structure
Section B -
Committee Composition
Section C -
Executive Committee
Section D -
Fiscal Committee
Section E -
State Plan Committee
Section F -
Staff Representation
on Committees
Section G -
Committee Voting
Article VI.
Financial Report Requirements
Article VII.Meetings
Section A -
Regular Meetings
Section B -
Special Meetings
Section C -
Committee Meetings
Section D -
Notices
Section E -
Quorum/Voting
Section F -
Executive Sessions
Article VIII.
Council Staff
Section A -
Hiring & Maintaining
Staff
Section B -
Executive Director
Section C -
Hiring & Supervision
of Program Staff
Section D -
Staff Assignment
Article IX. Procedure for Amendment
Article X.
Code of Ethics
Article XI. Conflict of Interest Policy
Article XII.
Policies & Procedures
Article XIII.
Administration
Article XIV.
Parliamentary Procedure
Article XV.
Council Decisions/Actions
Article XVI.
Procedure for Suspension of Rule
Article XVII.
Severability
Article XVIII.
Effective Date
ARTICLE
I.
AUTHORITY
Section A. Federal Statue
The legal authority to establish a
Council on Developmental Disabilities in the CNMI is the Developmental Disabilities
Assistance & Bill of Rights Act of 2000 (hereafter, the DD Act), Public Law
106-402, as now or hereafter amended.
Section B. Federal Funds
In order to receive federal funds,
the Council shall comply with the provisions of the DD Act.
Section C. CNMI Statue
The Council is created as an executive
agency of State government pursuant to the CNMI Executive Order 91-01, as now or
hereafter amended. The CNMICDD is established
to serve as advocate for persons and their families in the Commonwealth of the
Northern Mariana Islands
who have developmental disabilities.
Section D. Name
This organization shall be known as
the Commonwealth of the
Northern Mariana Islands
(or CNMI) Council on Developmental Disabilities, (hereafter referred to as the CNMICDD).
ARTICLE II. PURPOSE
The purpose of this Council is to undertake
advocacy, capacity building, and systemic change activities consistent with subsections
[b] and [c] of section 101 of the Developmental Disabilities Assistance &Bill
of Rights Act of 2000, more specifically, to ensure that individuals with developmental
disabilities and their families participate in the design of and have access of
needed community services, individualized supports, and other forms of assistance
that promote self-determination, independence, productivity, and integration and
inclusion in all facets of community life.
Section A. Vision Statement
People with developmental disabilities
will have the opportunity to make choices about where and with whom they live, about
the kinds of work and activities they do, and about the people who assist them in
their lives. They will have choices
about the services and supports they want and need and where they provided. They will have control over their own
lives.
Section B.
Mission
Statement
It is the mission of the CNMI Council
on Developmental Disabilities to bring about necessary systemic change in order
to promote the lives of persons with developmental disabilities.
This will assure that the service network is providing persons with developmental
disabilities the programs necessary to enable them to achieve their maximum potential.
Section C. Principles and Policies
that Govern Council Activities
The Council’s responsibilities shall
be in accordance with section 125 (c)(1) through (11) of the Developmental Assistance
& Bill of Rights Act of 2000 (or U.S. Public Law 106-402), as now or hereafter
amended.
Section D. State Plan and Implementation
The Council shall develop and implement
the State Plan required by the DD Act and the Council’s State Law, as now or hereafter
amended. The Council shall implement
the State Plan by conducting and supporting advocacy, capacity building, and systemic
change activities as described in Part B of the DD Act.
Section E. Other
The Council shall take any other actions
as may be reasonable to carry out the purposes of the CNMI Council on Developmental
Disabilities Law and the DD Act, as now or hereafter amended.
ARTICLE III. MEMBERSHIP
Section A. Membership
Council membership shall be formed
in accordance with the requirements of the federal enabling legislation and regulations
pertaining to the Council. The Council
shall be composed of 24 voting members of whom shall be appointed by the Governor
from among the residents of the Commonwealth and shall be geographically representative
of the Commonwealth and reflect the diversity of the Commonwealth with respect to
race and ethnicity. All members shall
be appointed for staggered terms of two years for State Agency representatives and
three years for representatives of individuals with developmental disabilities,
except for those appointed to fill vacant unexpired term.
Appointments to fill vacancies occurring before the expiration of a term
shall be for the remainder of the unexpired term and are subject to the same membership
requirements as all other members.
No appointed member shall serve more than two successive terms, or four and six
years.
The Governor shall select members of
the Council, at the discretion of the Governor, after soliciting recommendations
form community including and organizations representing a broad range of individuals
with developmental disabilities and individuals interested in individuals with developmental
disabilities, including the non-State agency members or the Council.
The Council may, at the initiative of the Council, or on the request of the
Governor, coordinate Council and public input to the Governor regarding all recommendations.
Section B. Representatives of Individuals
with Developmental Disabilities
The Council at all times shall consist
of fourteen (14) individuals with developmental disabilities representatives appointed
by the Governor. Not less than sixty
(60%) of this number shall be:
i.
persons with developmental disabilities;
ii.
parents or guardians of children with
developmental disabilities; or
iii.
immediate relatives or guardians of
adults with mentally impairing developmental disabilities who cannot advocate for
themselves.
B.
Of this sixty percent of membership:
(1)
at least, but not more than one-third shall be persons with developmental disabilities;
(2)
at least, but not more than one-third shall be the parents or guardians of children
with developmental disabilities; and
(3)
at least, but not more than one-third shall be immediate relative or guardian of
an institutionalized or previously institutionalized individual with a developmental
disability;
(4)
not any employees of a state agency which receives funds or provides services under
the federal DD Act, or who mange employees of any other entity which receives funds
or provides services with respect to such an entity.
Section C. Mandated Agencies/Qualifications
The Council membership shall at all
times include seven (7) voting agency members whom are directors or their designees
from Commonwealth agencies that administer funds provided under the:
a.
Rehabilitation
Act of 1973 (Office of Vocational Rehabilitation, DPH);
b.
Individuals
with Disabilities Education Act of 1990 (Early Chidhood & Special Education
Program, PSS);
c.
Title
V of the Older Americans Act of 1965 (Office of Aging, DCCA);
d.
Title
V of the Social Security Act (Maternal & Child Health Services,DPH);
e.
Title
XIX of the Social Security Act (Office on Medicaid, DPH);
f.
Centers in the State (University Centers for Excellence in Developmental disabilities
Education, Research & Services, NMC); and
g.
State
Protection and Advocacy System (Northern Marianas Protection & Advocacy Systems,
Inc.); and
h.
The
representatives described in Section shall:
(i)
have sufficient authority to engage in policy planning and implementation
on behalf of the department, agency, or program such representative represent; and
(ii)
recuse themselves from any discussion of grants or contracts
for which such representatives’ departments, agencies, or programs are grantees,
contractors, or applicants and comply with the conflict of interest assurance requirement
under section 124©(5)(D) and Article 12 of this Bylaws labeled as Attachment 1.
Section D. Representatives of Local
Agencies, Nongovernmental Agencies, and Private Nonprofit Groups
Three voting members shall be representatives
of local agencies or non-governmental agencies and private non-profit groups in
the CNMI concerned with services for individuals with Developmental Disabilities.
Section E. Membership Rotation
The Governor shall make appropriate
provisions to rotate the membership of the Council.
Such provisions shall allow members to continue to serve on the Council until
such member’s successors are appointed.
Section F. Proxy Vote for Representatives
of Individuals with Developmental Disabilities
Proxy votes are permitted for consumer
members only in the following cases, unless exceptions are allowed by the Chairperson:
a.
where
consumer members are unable to attend due to situations involving treatment of their
disability, or the disability of the family member being represented; or
b.
when
respite care is not available; and
c.
when
written or any other means of notification and reason thereof is received by the
Chairperson of the proxy vote prior to the meeting date.
Section G. Duties and Powers
The primary responsibilities of the
voting powers shall be:
a.
approve
and implement state plan;
b.
support
the Council’s purpose;
c.
elect
and remove Council officers;
d.
approve
and amend by-laws;
e.
prepare,
approve and implement an annual budget;
f.
recruit, hire, supervise, annually evaluate and may dismiss the Council executive
director;
g.
approve
Council annual report; and
h.
carry
out all other duties in furtherance of the purpose of the Council.
Section H. Orientation
Staff of the Council shall provide
orientation to new members as soon as practical but at least prior to the next regular
Council meeting and provide trainings to all members and staff on as needed basis. All members must participate in the
orientation.
Section I. Members Eligibility for
Indemnification
Members are eligible for the benefits
of the Public Employee Legal Defense and Indemnification Act, 7CMC, Div. 2, Chapter
3, as now or amended hereafter.
Section J. Attendance
Members who miss two consecutive meetings,
Council or Committee, may forfeit their seat on the Council unless there are mitigating
circumstances approved by the Council Chairperson.
Consecutive absences at Council or committee meetings not approved by the
Chairperson shall be reflected in the annual review of the Council’s membership
requirements to the Governor. Council
State Representative members sending a representative to the Council and/or Committee
meetings will be counted absent and their representative shall not have voting privileges.
Members shall not receive compensation
for their services, but shall be reimbursed for their actual expenses incurred in
the performance of their duties, except that Council members may be reimbursed for
any loss of wages incurred in the performance of their duties subject to the policies
of the Council. Council members who
require respite and child care services for their children which are incurred in
the performance of their duties maybe reimbursed for those costs subject to the
policies of the Council. Representatives
of Council members are not eligible to receive reimbursement for expenses incurred.
ARTICLE IV. OFFICERS
Section A. Titles
The officers shall be:
Chairperson, Vice-Chairperson, and Secretary.
No officer shall hold more than one office at a time, and no member shall be
eligible to serve more than two (2) consecutive terms in the same office, unless
they are elected to fill a vacancy.
With exception of State agency representatives who no longer are employed by the
agency they represent, officers whose membership term expired shall continue to
serve at the capacity of chairman, vice chairman, secretary until the members’ successor
is appointed by the Governor.
Section B. Qualifications
At all times, the Chairperson shall
be a person with a developmental disability, a parent, or an immediate relative
or a legal guardian of such person, and at least two-thirds of the officers shall
possess these same qualifications.
Section C. Election
1.
Election
of officers shall be held every two years in July by written or voice ballot at
a general or special membership meeting, except as otherwise provided in these by-laws. Nominations shall be made from the floor. Elected officers shall assumed office
effective October 1st.
2.
Special elections may be called anytime by the Chairperson and shall be held
at any
regular or special membership meeting
to fill vacancies, due to membership resignation or termination.
Section
D. Term
Two years constitute a term
in office.
1.
Resignations
Officers who cease to meet the qualifications of Article IV, Section
2 or who misses
two Council meetings inclusive of regular and special meetings without
approval by
the Council Chairperson will be considered to have submitted a de
facto resignation
and shall be replaced as allowed in these by-laws.
2.
In
instances where special elections are not possible to fill a vacancy after ten days,
the Chairperson may fill the vacancy by written appointment, until the next membership
regular or special meeting is held.
Section E. Vacancies
If an officer is no longer employed
by the agency he/she represents or no longer resides within the CNMI, such membership
on the Council shall be considered vacant.
Section F. Duties of Officers
Chairperson
Unless otherwise provided in these
by-laws, the Vice-Chairperson shall serve in the absence of the Chairperson and
is the immediate successor to that office in the event of a vacancy and only if
the Vice-chairperson meets the qualifications stipulated in Article IV, Section
C (2). Otherwise, a special election
must be held according to article IV, Section 3(b) in the event of a
vacancy in the office of Chairperson
due to resignation, termination membership or removal from office.
Board Secretary
It is this officer’s responsibility
to see that the records of the Council are in order, that meeting minutes are distributed
properly, and that notification of meetings are given as stipulated in these rules.
ARTICLE VI. COMMITTEES
SECTION A. Committee Structure
The committee structure shall be related
directly to the policy shaping mission and duties of the Council in Article II. Committees shall be sufficient in number
to carry out all activities that pertain to the Council’s mission, development and
implementation of state policy and the Council’s plan.
Ad Hoc committees may be designated
from time to time by the Council Chairperson to perform a particular task, secure
additional information, or investigate an issue which does not fall under the responsibility
of a standing committee. Ad Hoc committees
are temporary and cease to exist at the discretion of the Chairperson, when they
have completed their objective(s).
Section
B. Committee Composition
Committee Chairperson are appointed
by the Council Chairperson and are responsible to recruit their own members from
among the general membership. All committees shall have 60% consumer sand at leas one service
provider.( This line was omitted ).
Each committees’ shall reflect the Council’s statutory composition with respect
to representatives of individuals with developmental disabilities as outlined in
Article 3.
The
Chairperson, in consultation with the chair of each standing committee and the executive
director, may appoint non-council members to a Committee.
Council members must comprise a two-thirds (2/3) majority of committee
membership.
Section C.
Executive Committee
The Executive Committee shall be chaired
by the Council Chairperson. This committee
shall be composed of the officers of the Council and the Chairpersons of standing
committees. The Executive Committee
has executive responsibility to:
1).
Perform the functions of the full
Council between regularly scheduled meetings as needed to the full Council at their
next regularly scheduled meeting for their acceptance;
2).
Report regularly its work and
activities to the Council;
3).
Receive and review all reports of
all standing and ad hoc committees prior to their submission to the general membership;
4).
Perform ongoing evaluation of the
membership composition of the Council that includes a review of the act’s requirements
that include timely rotation, vacancies, socio-economic and cultural diversity of
the Council;
5).
Review and annually evaluate the
performance of the Council’s Executive Director.
Section D.
Fiscal Committee
Committee responsibilities include:
1).
Reviewing fiscal reports prepared
by the Designated Agency;
2).
Reviewing and submission of annual
budget for approval and submission to the membership for final approval; and
3).
Reporting the fiscal status of the
Program to the membership.
Section E. State Plan Committee
Committee responsibilities include:
1).
Development and submission of the
state plan to the Council for approval prior to submission to
(Governor) changed to ADD.
2).
At least once a year, review, monitor,
and evaluate the activities in the approved state plan; and
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