By-Laws of the Minnesota Statewide Independent Living Council

INTRODUCTION

The philosophy of Independent Living is consumer control, peer support, self-help, self determination, equal access, and individual and system advocacy, in order to maximize the leadership, empowerment, independence, and productivity of individuals with disabilities, and the integration and full inclusion of individuals with disabilities into the mainstream of American society.

ESTABLISHMENT - Sec. 705 (a)

  1. Each State shall establish a Statewide Independent Living Council (SILC) that meets the requirements of Section 705 of the Act, in order to be eligible to receive assistance under Chapter 1 of Title VII of the 1992 Amendments to the Rehabilitation Act.
  2. The SILC may not be established as an entity within a State agency, including the designated State agency or DSU. The SILC shall be independent of the DSU and all other State agencies.

ARTICLE I - COUNCIL MEMBERSHIP

SECTION 1.1: COMPOSITION AND APPOINTMENT - Sec. 705 (b)

  1. APPOINTMENT
    1. Members of the SILC must be appointed by the Governor or the appropriate entity within the State.
    2. Each member of the SILC shall serve for a term of three years, except that:
      1. A member appointed to fill a vacancy occurring prior to the expiration of the term for which a predecessor was appointed must be appointed for the remainder of that term;
      2. The terms of service of the members initially appointed must be (as specified by the appointing authority) for the fewer number of years as will provide for the expiration of terms on a staggered basis; and
      3. No members of the SILC may serve for more than two consecutive full terms.
  2. COMPOSITION
    1. The SILC must include:
      1. At least one director of a Center chosen by the directors of Center’s within the State;
      2. As ex-officio, non voting members, a representative from the DSU and representative from other State agencies that provide services to individuals with disabilities;
      3. At least one representative of the directors of the section 121 projects;
      4. Members who provide statewide representation;
      5. Members who represent a broad range of individuals with disabilities; and
      6. Members who are knowledgeable about Centers and IL services.
    2. The SILC may include:
      1. Other representatives from Centers;
      2. Parents and legal guardians of individuals with disabilities;
      3. Advocates of and for individuals with disabilities;
      4. Representatives from private businesses;
      5. Representatives from organizations that provide services for individuals with disabilities; and
      6. Other appropriate individuals.
    3. A majority of the voting members of the SILC must be individuals with disabilities, and not employed by any State agency or Center

SECTION 1.2: REMOVAL/VACANCIES - Sec. 705 (b)

A member may be removed by the Governor or the appointing authority at any time:

  1. For cause, after notice and hearing.
  2. After missing three consecutive meetings. The Chair of the Council shall inform the Council of a member missing three consecutive meetings. The Council shall determine by majority vote whether to inform the appointing authority of the absences, and to recommend removal of the member to the appointing authority, or to take other appropriate action to remedy the absenteeism.

SECTION 1.3: CONFLICT OF INTEREST

  1. The SILC Chair and/or the DSU shall not permit a person to vote in any
    matter, if:
    1. The decision is likely to benefit that person or a member of his/her immediate family; and
    2. The person:
      1. is a public official;
      2. has a family or business relationship with the grantee (DSU).
  2. The SILC Chair and/or the DSU shall not permit any person participating in the project to use his/her position for a purpose that is - or gives the appearance of being - motivated by a desire for a private financial gain for that person or for others. (Authority: 20 U.S.C. 12211 e-3 and 3474)

SECTION 1.4: VOTING MEMBER RESPONSIBILITIES

It shall be the responsibility of members to:

  1. Attend and participate in meetings of the Council;
  2. Review all materials available in order to make informed decisions;
  3. View their membership as representative of their constituents;
  4. Serve on at least one standing committee. At their discretion, members may also serve on one or more task forces;
  5. Be responsible for knowing current Council policies and positions regarding issues of concern to people who wish to live independently in Minnesota and for knowing the independent living philosophy;
  6. Advise the staff about the implementation of Council objectives and activities and, as appropriate and feasible, participate

SECTION 1.5: COMPENSATION AND EXPENSES - SEC. 705 (f)

Members of the Council shall be reimbursed for all actual and necessary expenses incurred in the performance of their duties on the Council as allowed by Council Policy (including children and personal assistance services.)

The Council members who are not employees of the State or any of its political subdivisions shall also receive a per diem as specified in statute and Council policy.

ARTICLE II - DUTIES AND HEARINGS

SECTION 2.1: DUTIES - Sec. 705 (c)

The SILC shall:

  1. Jointly develop and sign (in conjunction with the DSU) the State Plan;
  2. Monitor, review, and evaluate the implementation of the State Plan;
  3. Coordinate activities with the State Rehabilitation Advisory Council established under Section 105 of the Rehabilitation Act and councils that address the needs of specific disability populations and issues under other Federal law;
  4. Ensure that all regularly scheduled meetings of the SILC are open to the public and sufficient advance notice is provided; and
  5. Submit to the Secretary (United States Department of Education) all periodic reports as the Secretary may reasonably request and keep all records, and afford access to all records, as the Secretary finds necessary to verify the periodic reports.

SECTION 2.2: HEARINGS - Sec. 705 (d)

The SILC is authorized to hold any hearings and forums that the SILC determines to be necessary to carry out its duties.

RESOURCE PLAN - Sec. 705 (c)

  1. The SILC shall prepare, in conjunction with the DSU, a resource plan for the provision of resources, including staff and personnel, made available under Parts B and C of Chapter 1 of Title VII of the Act, Part C of title I of the Act, and from other public and private sources that may be necessary to carry out the functions of the SILC.
  2. The SILC resource plan must, to the maximum extent possible, rely on the use of resources in existence during the period of implementation of the State Plan.
  3. No conditions or requirements may be included in the SILC resource plan that may compromise the independence of the SILC.
  4. The SILC is responsible for the proper expenditure of funds and use of resources that it receives under the resource plan.
  5. A description of the SILC resource plan must be included in the State Plan.
  6. The SILC shall, consistent with State law, supervise and evaluate its staff and other personnel as may be necessary to carry out its functions under this section.
  7. While assisting the SILC in carrying out its duties, staff and other personnel made available to the SILC by the DSU may not be assigned duties by the Designated State Agency or DSU, or any other agency or office of the State, that would create a conflict of interest.

ARTICLE III - MEETINGS

SECTION 3.1: NOTICE OF MEETING

Written notice to all members stating the place, day and hour of all regular and special meetings of the full Council and any documents requiring a Council decision shall be mailed to each Council member (in their requested format) no less than ten days prior to the date of the meeting. In the case of a recess to another day, all Council members shall be notified of the place, day and hour of the reconvened meeting.

SECTION 3.2: MINUTES OF MEETING

Minutes shall be recorded and transcribed for all regular and special meetings of the full Council. Distribution shall be made to the full Council membership (in their requested format) no less than ten days prior to the date of the next meeting.

SECTION 3.3: SPECIAL MEETINGS

Special meetings of the Council may be called any time upon request of the Chair, or upon a written request to the Chair by ant three members of the Council.

SECTION 3.4: QUORUM

Those voting members present at any regular, special or committee meeting, for which notice has been provided, shall constitute a quorum.

SECTION 3.5: DECISION MAKING

After thorough consideration, all decisions of the Council must be approved by a simple majority vote of the Council members present unless otherwise provided in these By-laws.

SECTION 3.6: PROCEDURES

The most recent edition of “Robert’s Rules of Order” shall govern the conduct of business in all cases in which they are applicable and not inconsistent with these By-laws, with one exception as stated in Section 4.3.

SECTION 3.7: PUBLIC COMMENT

Time will be designated by the Chair at each regular meeting of the Council for public comment. Public comment may be extended or terminated by a majority vote of the Council.

ARTICLE IV - OFFICERS AND ELECTIONS

SECTION 4.1: SELECTION

The officers of the Council shall consist of a Chair, Vice-Chair, Secretary, and Treasurer elected by the Council from among its members. Election of the Chair, Vice-Chair, Secretary, and Treasurer shall be by a simple majority of the Council members present.

SECTION 4.2: TERMS OF OFFICE

Nominations and elections of SILC officers shall be held annually during the September regular meeting of the SILC. Officers may serve more than one term.

SECTION 4.3: COUNCIL CHAIR - Sec. 705 (b) (5)

The Council Chair shall preside at all meetings of the Council, have voting privileges, shall have voting rights in accordance with “Robert’s Rules of Order”, and shall be an ex-officio member of all Council standing committee’s and task forces. In addition, he/she shall:

  1. with the approval of the Council, appoint the Chairs of the Council standing committees and task forces from among the Council’s voting members;
  2. with the approval of the Council, appoint the members of the Council’s committees and task forces;
  3. develop agendas for Council meetings;
  4. arrange orientation for new Council members and encourage their most meaningful involvement in Council activities; and
  5. seek effective communication with all Council members including solicitation of agenda items.

SECTION 4.4: COUNCIL VICE-CHAIR

The Vice-Chair shall aid the Chair in the performance of his/her duties and, in the absence of the Chair, shall preside at meetings of the Council. If the Chair is unable to serve, the Vice-Chair shall assume the Chair’s duties, but shall not succeed to the position unless elected by the Council. In the absence of the Chair and Vice-Chair, the Secretary shall assume the Chair’s duties. In the absence of the Chair, Vice-Chair and Secretary, the Treasurer shall assume the Chair’s duties. In the absence of the Chair, Vice-Chair, Secretary, and Treasurer, the Member-at-Large shall assume the Chair’s duties.

SECTION 4.5: COUNCIL SECRETARY

The Council Secretary shall maintain a register of the names, addresses, phone numbers and fax numbers of all Council members. The Secretary shall also be responsible for the review, editing, and approval of all meeting minutes prior to distribution. The Secretary shall keep records of all minutes and agendas.

SECTION 4.6: COUNCIL TREASURER

The Treasurer jointly with the IL Manager shall ensure that a true and accurate accounting of the finances of the Council.

SECTION 4.7: COUNCIL REPRESENTATION

All official Council business/representation shall be approved or sanctioned by the full Council, the Chair or Vice-Chair.

ARTICLE V - COMMITTEES AND TASK FORCES

SECTION 5.1: COMMITTEES

The Council shall create all standing Committees.

SECTION 5.2: TASK FORCES

As the need arises, the Council may establish special structures called task forces for the purpose of investigating or taking action on specific issues within Council established policies. These task forces are limited to acting on the issues for which they were created and within the time frame established for the assignment.

SECTION 5.3: COMMITTEE AND TASK FORCE CHAIRS

The Council Chair shall appoint the committee and task force Chairs with the approval of the Council. Committee Chairs shall serve a one year term. Each task force Chair shall serve for the life of the task force. The Council Chair with approval of the Council may remove a committee or task force Chair who is unable to perform the assigned responsibilities.

SECTION 5.4: COMMITTEE AND TASK FORCE MEMBERSHIP

After consultation with the appropriate committee or task force Chair, the Council Chair shall, with the approval of the Council, appoint the members of each committee and task force. Each voting member of the Council shall have one vote in appropriate committee or task force deliberations. Terms on the committees shall be for one year. A majority of task force members shall be members of the Council. The members of a task force shall serve for the life of the task force.

SECTION 5.5: EXECUTIVE COMMITTEE

The Executive Committee shall consist of the Chair, Vice-Chair, Secretary, Treasurer, and one Member-at-Large. The Member-at-Large shall be elected by the full Council and serve a term of one year. The Executive Committee shall consist of no more than five Council members. The Executive Committee shall be authorized to act on behalf of the SILC. Actions by Executive Committee must be ratified by the SILC at the next meeting. The Executive Committee shall not have authority to make changes in (1.) the By-laws, or (2.) membership of the SILC.

ARTICLE VI - AMENDMENTS

SECTION 6.1: PROCEDURES

Suggested amendments to these By-laws must be presented in writing in a regular or special Council meeting. Action on such suggested amendments shall not occur until the next regular or special meeting at which a quorum shall be required in order for ratification of the suggested amendment to occur. Ratification shall require the affirmative vote of at least two thirds of the Council members present.