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 1^st.

 

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

3).                Recommendations to the Council for adoption of policies and supports that will assist CNMI promote self-determination, independence, productivity, and integration and inclusion of persons with developmental disabilities in all facets of CNMI community life.

Section F. Staff Representation on the Council Committees

 

All committees shall make recommendations to the Council.  No staff shall serve as a Chairperson or as a voting member of any committee.  All committees will be staffed by the executive director or his/her designee.

 

Section G. Committee Voting

 

Only Council members may vote during any committee meetings.  Non Council members of any committee shall serve as non-voting members but may participate in discussions and deliberations.  Amended to add:

 

1).            Membership Committee?

2).            Monitoring/Evaluating Committee or else State Plan Committee does that piece on grantees.

3).            Public Policy/Legislative Committee

ARTICLE VII.          FINANCIAL REPORTING REQUIREMENTS

 

The council shall develop financial reporting procedures that are consistent with State and federal law

 

The Council shall have performed a financial audit at least once every two (2) years.  The audit shall conform to State and federal law and practice.

 

ARTICLE VIII.  MEETINGS

 

Section A.  Regular Meetings

 

The Council shall meet at least four (4) times each Fiscal Year.  For administrative purposes, the Council shall at least meet in the months of January, April, July, and October, as called by the Chairperson, except as provided in these-bylaws.

Section B.  Special Meetings

 

A special meeting shall be called at the direction of the Chairperson or upon written request to the Chairperson by a majority of the voting members of the Council with the approval of a quorum of the Council as stipulated in Section E of this article.  The purpose of the special meeting shall be stated and at least seven (7) days notice shall be given in advance of a special meeting.

 

Committee and Special meeting packets shall be distributed at least 3 days to be amended and be read as ten (10) days in advance of such scheduled meeting.

 

Section C.  Committee Meetings

 

Committee meetings are called by the Committee Chairperson. (Amended and should now read- Committee meetings are conducted quarterly when called by the Committee Chairperson.

 

Section D.  Notices

 

Written and/or verbal notices of regular membership meetings shall be distributed at least ten (10) days prior to its convening.  For logistical reasons, members in Rota and Tinian may be informed via facsimile, electronic mail or telephone communications.  Meeting packets shall be distributed at least 7 days was amended and should now read ten (10) days prior to its convening.  All Council meeting shall be open to the public unless otherwise stated in these Bylaws and shall conform to the “Open Government Act and the Americans with Disabilities Act”. (What do you do to ensure this?)

 

Section E.  Quorum/Voting Requirements

 

For regular and special meetings, the total membership consists of the total number and voting members as defined in these Bylaws and the CNMI Council on Developmental Disabilities Law, excluding any vacant positions.  A quorum shall consist of a majority unless otherwise stipulated in the Bylaws.  Each voting member shall have one vote.

 

For Executive Committee meetings, the total membership consists of the persons named in Article 6, Section C, excluding any vacant positions.  A quorum shall consist of a simple majority.

 

For all committee meetings, the total membership consists of the number of Council members on the Committee excluding non-voting members.  A quorum shall consist of a simple majority.

 

Section F.  Executive Sessions

 

Executive Sessions may be called at anytime during a regular or special meeting by the Chairperson of the Council and shall be consistent with Section 19912 (a)(10) thru (7) and (b) thru (d) of the Open Government Act or Local PL. 8-14

 

ARTICLE IX.  STAFF

 

 

Section A. Hiring and Maintaining Staff

 

The Council shall prepare, approve and implement budget using amounts paid to the State under Part B of the DD Act funds and implement all programs, projects and activities carried out under Part B including hiring and maintaining such numbers and types of staff (qualified by training and experience) and obtaining the services of such professional, consulting, technical, and clerical consistent with State law, as the Council determines to be necessary to carry out the functions of the Council under Part B of the DD Act. (except that)-was omitted  The CNMI shall not apply hiring freezes, reductions in force, prohibitions on travel, or other policies to the staff of the Council, to the extent that such policies would impact the staff or functions funded with Federal Funds, or would prevent the Council from carrying our the functions of the Council under Part B of the DD Act.

 

Section B.  Executive Director

 

The voting members of the Council shall, consistent with state law, recruit and hire and Executive Director of the Council, should the position of the Executive director become vacant.  (They will) – was added supervise and annually evaluate the performance of, promote and may terminate for or with cause, the Council Executive Director.  The Executive Director is responsible for the day-to-day administration of the program activities of the Council and the administration of the Developmental Disabilities Basic State Grant Funds and other Federal and Local funds received by the Council.  He/she facilitates directives from the Council and provides the overall supervision of the work performance of all other Council staff.  He/she ensures that the Council complies with relevant CNMI and federal laws, rules and regulations.  The Executive Director is the official spokesperson of the Council.

 

Section C.  Hiring and Supervision Program Staff

 

The Executive Director, consistent with CNMI PSSRR and Council Policies shall recruit, hire, supervise, and annually evaluate the staff of the Council.  Council recruitment, hiring, and dismissal of staff shall be conducted in a manner consistent with Federal and State nondiscrimination laws.  Dismissal of personnel shall be conducted in a receive direction solely from the Executive Director.  Final personnel authority and decision over Council staff is vested with the Council Executive Director.

 

Section F.  Staff Assignment

 

The staff of the Council, while working for the Council, shall be responsible solely for assisting the Council in carrying out the duties of the Council under Part B of the DD Act and shall not be assigned duties by the designated State agency or any other agency or entity of the CNMI.

ARTICLE X.  PROCEDURE FOR AMENDMENT

 

Any amendment or other alteration of the by-laws including its attach references must be consistent with the provisions of the federal enabling legislation.  No more than once a year, these by-laws with its references made a part hereof, may be amended, repealed, or altered, in whole or in part, by two-third (2/30 votes of the total membership of the Council, a quorum being present inclusive of proxy-vote, excluding vacant positions.  Amendments are proposed to the members by the Executive Committee at

 

least ten (10) days prior to the next regular meeting or seven (7) days prior to a special meeting.  Amendments shall become effective immediately upon Council approval.

 

ARTICLE XI.  CODE OF ETHICS

 

Members shall abide by professional and ethical rules of conduct appropriate to public officials.  No members shall seek special privileges, criticize other members publicly, or to take action upon a complaint by or against an employee that is not first submitted to the Chairperson in the case of the Executive Director and to the Executive Director in the case of all other staff of the Council.  Individual members shall not presume to speak for the entire Council unless authorized to do so by the Chairperson.

 

ARTICLE XII.  CONFLICT OF INTEREST

 

No member shall participate in any vote in committee or membership meetings which could constitute a conflict of interest.  Members shall appropriately excuse themselves from discussions that constitute such conflict.  Members shall abide by the rules of the Conflict of Interest Policy of the Council hereby attached hereto as Attachment 1 and by this reference made a part hereof.

ARTICLE XIII.  POLICIES AND PROCEDURES

 

All members and staff shall abide by professional and ethical rules of conduct appropriate to public officials and employees.  Members and staff shall abide by the rules of the Policies and Procedures Manual of the Council hereby attached hereto as Attachment 2 and by this reference made a part hereof.

ARTICLE XIV.  ADMINISTRATION

The fiscal year of this program shall be from October 1^st to September 30^th of each year.

ARTICLE XV.  PARLIAMENTARY PROCEDURES

The rules contained in the most newly revised of the Robert’s Rules of Order shall govern the Council in all cases and shall be the single authority to determine Council processes and procedures when in contention except as otherwise provided by law ( Open Government Act or Local PL. 8-41 ).

ARTICLE XVI.  COUNCIL DECISIONS/ACTIONS

 

All official decisions/actions of the Council must be approved by an affirmative vote of a majority of the full voting membership, a quorum being present, except as otherwise provided in these bylaws, the Council Conflict of Interest Policy and the Council Policies and Procedures Manual.  All decisions of the Council are final unless legal opinion is issued by the AGO declaring such actions null & void or a judgment declaring decisions null & void by a court of competent jurisdiction.

ARTICLE XVII.  PROCEDURE FOR SUSPENSION

 

Rules of order my be suspended temporarily provided an affirmative vote of at least two-thirds (2/3) of the voting members are present and voting and a quorum is established , all actions must;

(a)      promote effective operation of the Council, (b)  be consistent with its legal mandates and not violate the parliamentary authority established herein.

ARTICLE XVIII.  SEVERABILITY

 

Any part of these bylaws which is found to be inconsistent with any State or Federal laws shall be considered null and void.  However, such action shall not affect the remainder of these bylaws, or the application of provisions to other persons or circumstances is not affected.

ARTICLE XIX.  EFFECTIVE DATE

 

These bylaws shall take effect upon its approval by the majority of the total voting  members of the Council during regular or special meetings a quorum being present.