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By-Laws

ARTICLE I:  LEGAL AUTHORITY

 

Section 1 – Statutory authority for operation of a statewide council on independent living and these bylaws is granted pursuant to The Rehabilitation Act of 1973 and subsequent amendments, Title VII, Section 704 and Idaho Code, Title 56, Chapter 12.

 

ARTICLE II:  TITLE AND SCOPE

 

Section 1 – These bylaws govern the proceedings, activities, and organization of the Idaho statewide independent living council and shall be referred to generally as the Bylaws for the State Independent Living Council (SILC).

 

ARTICLE III:  PURPOSE

 

Section 1 – The purpose of the SILC is to promote a philosophy of independent living, including a philosophy of consumer control, peer support, self-help, self-determination, equal access, and individual and system advocacy, in order to maximize opportunities for individuals with disabilities, and the integration and full inclusion of individuals with disabilities into the mainstream of society.  Specifically, the SILC shall:

 

  1. jointly develop and submit [in conjunction with the designated State agencies] the State plan(s) required in Section 703 of the Rehabilitation Act of 1973 and subsequent amendments;
  2. monitor, review, and evaluate the implementation of the State plan(s);
  3. coordinate activities with the State Rehabilitation Advisory Council(s) established under Section 105 of the Rehabilitation Act of 1973 and subsequent amendments 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 and accessible to the public and that notice is provided at least five (5) days in advance;
  5. submit to the Commissioner such periodic reports as the Commissioner may reasonably request, and keep such records, and afford access to such records, as the Commissioner finds necessary to verify such reports;
  6. be authorized to hold such hearings and forums as the SILC determines necessary to carry out the duties of the SILC; and
  7. perform other duties that are described in the Rehabilitation Act of 1973 and subsequent amendments;
  8. be independent of any state agency;
  9. adopt bylaws and policies governing its operation;
  10. provide to the council’s  employees  the  employee benefit package offered to state of Idaho employees;
  11. assess the need for services for Idahoans with disabilities and advocate with decision makers;
  12. supervise and evaluate  such staff as may be necessary to carry out the functions of the council;
  13. perform other activities the council deems necessary to increase the ability of Idahoans with disabilities to live independently;
  14. promulgate rules, as may be necessary, in compliance with chapter 52,
    1. Title 67, Idaho Code.

 

ARTICLE IV:  MEMBERSHIP AND COMPOSITION

 

The following requirements shall be met pursuant to Section 704 of the Rehabilitation Act of 1973 and subsequent amendments.

 

Section 1:  SILC Membership – The members of the SILC shall be appointed by the Governor.  The appointing authority shall select members after soliciting recommendations from organizations representing a broad range of individuals with disabilities and organizations interested in individuals with disabilities.  All appointees to the SILC will provide statewide representation, represent a broad range of individuals with disabilities, and be knowledgeable about centers for independent living, and a majority of appointees to the SILC will be persons with disabilities described in Section 7(8)(B) of the Rehabilitation Act of 1973 and subsequent amendments and not employed by a State agency or center for independent living.

 

The SILC shall include, pursuant to Section 704 (b)(2):

 

  1. at least one (1) director of a center for independent living chosen by the directors of centers for independent living within the State; and
  2. as ex-officio, non-voting members:
    1. a representative from the designated State unit; and
    2. a representative from other State agencies that provide services for individuals with disabilities.

 

The SILC may include, pursuant to Section 704 (b)(3):

 

  1. other representatives from centers for independent living;
  2. parents and guardians of individuals with disabilities;
  3. advocates of, and for, individuals with disabilities;
  4. representatives from private business;
  5. representatives from organizations that provide services for individuals with disabilities; and
  6. other appropriate individuals.

 

Section 2:  Appointment and Term – Members of the SILC shall be appointed by the Governor and shall serve for three (3) year terms and may serve no more than two (2) consecutive terms except that:

 

  1. a member appointed to fill a vacancy occurring prior to the expiration of the term for which the predecessor was appointed, shall be appointed for the remainder of such term; and
  2. the Governor may delegate the authority to fill a vacancy to the remaining voting members of the SILC after making the original appointment
  3. members from state agencies that have been appointed to serve on the SILC by the administrator of that state agency and approved by the Governor to represent their state agency position are exempt from the term limits.

 

Section 3:  Responsibility – It is the responsibility of each member to represent one’s geographic area of the State and present the issues and concerns of that area in the formation of all SILC policy and programs.  Each member shall also perform specific duties set out by written policy and/or assigned by the Chair, Executive Committee, or a standing committee chair.

 

Section 4:  Vacancies – Any vacancy occurring in the membership of the SILC shall be filled in the same manner as the original appointment.  The vacancy shall not affect the power of the remaining members to execute the duties of the SILC.

 

A vacancy occurring in the membership shall be filled by the Governor for the unexpired portion of the vacated position.  This replacement period shall not be counted toward an individuals two (2) term limitation.

 

The Governor may delegate the authority to fill such a vacancy to the remaining voting members of the SILC after making the original appointment.

 

A vacancy may occur as a result of a member’s resignation, either voluntarily or as a result of a disciplinary action pertaining to removal of the member.  The member must submit his/her resignation to the SILC Chair.

 

Section 5:  Removal – Members may be terminated from SILC membership by the Governor for any of the following reasons, as delineated by written SILC policy:

 

  1. poor attendance;
  2. lack of participation; and
  3. malfeasance in office.

 

Section 6:  Attendance – Members shall be required to attend at least 50 percent of the regular SILC meetings.  Regular meetings are those meetings for which dates and locations have been identified in the annual published list and notice has been given to each member.  Upon missing two consecutive meetings without just cause, a member’s attendance may be reviewed for action by the Membership Committee.

 

ARTICLE V:  SILC MEETINGS

 

Section 1:  Frequency – The SILC shall hold at least four (4) meetings annually, with at least one (1) occurring in each quarter of the year.  Quarters shall be defined as federal government fiscal quarters beginning the first day of October.

 

Section 2:  Notice – Written notice of the time and place of the meetings shall be given by the Executive Committee.  An annual list of dates and locations determined by the Executive Committee shall meet this requirement.  SILC members must be notified at least thirty (30) days prior to a meeting if changed from the original date as identified on the annual list.

 

Section 3:  Special Meetings – Special Meetings of the SILC, its standing committees or any ad hoc committee, may be called by the Executive Committee or upon request of two-thirds (2/3) of the current SILC membership, without the required 30-day written notice.  Special meetings of the Executive Committee may be called by the SILC Chair or upon request of two-thirds of the current SILC membership, without the required 30-day written notice.

 

Section 4:  Quorum and Action – A quorum for the transaction of any SILC business shall be a simple majority of the SILC membership.  The act of the majority of those members present shall be the act of the SILC.

 

  1. no SILC member shall be represented by a non-SILC member;
  2. nor shall a SILC member be allowed to cast a vote by written or verbal proxy.

 

Section 5:  Procedure – All meetings shall be held in accordance with open meeting laws codified in Sections 67-2340 through 67-2347, Idaho Code, as amended, and conducted in accordance with Roberts Rules of Order, as newly revised, subject to provisions of Idaho laws pertaining to public entities.

 

Section 6:  Minutes – A written record shall be kept of all SILC meetings and made available in alternative formats to the full SILC as soon as possible before the next regularly scheduled meeting, and to the general public upon request.

 

ARTICLE VI:  SILC ORGANIZATION

 

Section 1:  SILC Officers – The SILC officers shall be the Chair and Vice Chair.

 

  1. Election of Officers
    1. The Chair shall be elected annually in the meeting held during the second quarter of the fiscal year (January). Nominations from the floor and written nominations will be accepted during the first quarter of the fiscal year (October).  The member elected to this position must immediately resign from any other committee chair held on the SILC.
    2. Vice Chair. The SILC shall annually elect a Vice Chair in the meeting held during the second quarter of the fiscal year (January). Nominations from the floor and written nominations will be accepted during the first quarter of the fiscal year (October).  The member elected to this position must immediately resign from any other committee chair held on the SILC except that of Membership Committee Chair.
  1. Terms of Officers – Tenure in office shall be as follows:
  2. The Chair serves for a one (1) year term upon election or until a successor is elected. A limit of two (2) terms will be placed on this office.
  3. Vice Chair. The Vice Chair serves for a one (1) year term upon election or until a successor is elected and may be re-elected by the SILC membership, but shall not serve more than two (2) terms.
  4. Removal – Officers may be removed according to the following:
  5. The SILC may remove the Chair, providing that at least two-thirds (2/3) of the current SILC membership so vote and providing that justification is established.
  6. Vice Chair. The SILC may remove the Vice Chair whenever the best interests of the SILC would be served by said removal, providing that at least two-thirds (2/3) of the current SILC membership so vote and providing that justification is established.
    1. Vacancies – A vacancy in any office due to death, resignation, removal, disqualification, or otherwise shall be filled for the unexpired portion of the respective office’s term according to the following:
      1. A vacancy in this office shall be filled by the Vice Chair.
      2. Vice Chair. A vacancy in this office shall be filled by the Executive Committee, contingent on ratification by the SILC membership at the next regularly scheduled meeting.
    2. Responsibilities – In addition to all officers being full voting members on the SILC Executive Committee and assisting the Executive Director in review and identification of SILC committee memberships and SILC committee chairs, each office shall have its respective duties and responsibilities as follows, and as set out by written policy adopted by the SILC.

 

Section 2:  SILC Staff – The SILC shall prepare, in conjunction with the designated State unit(s), a plan for the provision of such resources, including staff and personnel, as may be necessary to carry out the functions of the SILC under Section 704, with funds made available under the Rehabilitation Act of 1973 and subsequent amendments and from other public and private sources.

 

Section 3:  SILC Committees – The SILC shall be comprised of the following committees with respective compositions:

 

  1. Executive/Finance Committee – This Committee shall exercise the overall governance of the SILC, subject to bylaws, policies, and any vote of the SILC membership.
    1. The Executive Committee shall be comprised of all SILC officers, the immediate past SILC Chair, if that person is available, and chairs of the SILC Standing Committees and a person from the SILC appointed by the Chair.
  2. Standing Committees – Standing committees shall be established by the Executive Committee to carry out activities of the State plan(s).
  3. Standing Committee Structure: Executive/Finance, Membership/ Outreach, Planning, and Policy.
  4. Committee Chairs
    1. Executive/Finance Committee Chair. The SILC Chair shall serve as the Chair of this committee.
    2. Membership/Outreach Committee Chair. The SILC Vice-Chair shall serve as the Chair of this committee.
    3. Standing Committee Chair. Each standing committee shall have a chairperson who shall be appointed by the SILC Chair.
    4. Removal of Standing Committee Chair. A standing committee chair may be removed by the Executive Committee.

 

Section 4:  Ad Hoc Committees – The SILC Chair shall establish ad hoc committees when deemed necessary by the Chair or by the general membership of the SILC, or when directed by the Executive Committee.

 

ARTICLE VII:  MANAGEMENT BY THE SILC

 

Section 1:  General Powers – The management of all the affairs and business of the SILC shall be vested in the SILC.  The SILC shall have the power and duty to transact all the lawful business of the SILC consistent with the Bylaws.

 

Section 2:  Major Decisions – All major decisions involving any action upon which serious legal liability may attach, which involve the exchange (purchase, sale, lease, etc.) of property, or which involve a major decision (in the opinion of the Chair) shall be made by a two-thirds (2/3) vote of the voting members of the SILC present at any meeting called for that purpose and shall be placed in the minutes by resolution.

 

Section 3:  Regular Decisions – All regular (non-major) decisions may be made by act of a majority of the voting members of the SILC present at any meeting at which a quorum is present, and shall be placed in the minutes by resolution.

 

ARTICLE VIII:  COMPENSATION

 

Section 1 – SILC members shall not receive compensation for their services as members except as allowed in Article VIII, Section 2, below.  However, the SILC may allow a reasonable sum for the reasonable expenses of any member.

 

Section 2 – Pursuant to Section 704, the SILC may use such resources to reimburse members of the SILC for reasonable and necessary expenses of attending SILC meetings and performing SILC duties (including child care and personal assistance expenses), and to pay compensation to a member of the SILC, if such a member is employed and must forfeit wages from employment, for each day the member is engaged in performing SILC duties.  The SILC shall set forth in writing a policy governing the expenditures of funds to SILC members.

 

ARTICLE IX:  CONFLICT OF INTEREST

 

Section 1 – The SILC shall set forth in writing a policy governing the expenditure of funds, contract awards, nepotism, program review, and so forth, but generally identifying a conflict of interest as it relates to SILC members and participation.

 

ARTICLE X:  AMENDMENTS

 

Section 1 – Any modifications to these bylaws shall be reviewed by the Executive Committee and presented to the full SILC.  Bylaws amendments must be made available for full SILC review at least thirty (30) days prior to a duly called meeting in which action regarding an amendment is planned.  All amendments must be approved by at least two-thirds (2/3) of the current SILC membership.

 

ARTICLE XI:  SEVERABILITY

 

Section 1 – These bylaws are severable and, if any bylaw, or part thereof, or the application of such bylaw to any member or circumstance is declared invalid, that invalidity does not affect the validity of any remaining portion of these bylaws.

 

Date of Adoption by the Council:                      April 16, 1999

 

Date of Duly Approved Amendments:             July 18, 2008

 

Date of Duly Approved Amendments:             October 25, 2011