HomeMy WebLinkAboutcouncil-by-laws-apr2023BYLAWS
of the
ALAMEDA COUNTY DEVELOPMENTAL DISABILITIES
PLANNING AND ADVISORY COUNCIL
ARTICLE I. NAME, TERRITORY, OFFICE
Section A. The name of the organization shall be the Alameda County Developmental
Disabilities Planning and Advisory Council, hereinafter, referred to as the Developmental Disabilities Council.
Section B. The territory of the Developmental Disabilities Council shall be the total area of Alameda County in the State of California.
Section C. The headquarters of the principal office of the Developmental Disabilities Council shall be located in the county area.
ARTICLE II. PURPOSE AND MISSION
Section A. The term “developmental disabilities” refers to severe, chronic disability of a person which:
1. is attributable to a mental or physical impairment or a combination of physical and mental impairments
2. is manifested before they have attained the age of twenty-two
3. is likely to continue indefinitely
4. results in substantial functional limitations in three or more of the following major life activities:
a. self-care,
b. receptive, and expressive language,
c. learning,
d. mobility,
e. self-direction,
f. capacity for independent living, and
g. economic self-sufficiency, and
5. reflects the person’s needs for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are of lifelong extended duration and are individually planned and coordinated,
6. Developmental disabilities may also include Intellectual Disabilities, as defined by the National Institutes of Health (2015):
“Intellectual disability refers to a group of disorders characterized by a limited mental capacity and difficulty with adaptive behaviors such as managing money, schedules and routines, or social interactions. Intellectual disability originates before the age of 18 and may result from physical causes, such as autism or cerebral palsy, or from nonphysical causes, such as lack of stimulation and adult responsiveness.
Section B. The mission of the Developmental Disabilities Council is to expand opportunities for individuals with intellectual and developmental disabilities. The Council envisions a world in which every individual with an intellectual and developmental
disability has access to a full, meaningful life in an inclusive community.
Section C. The specific and primary purposes shall be:
1. to provide the coordinating and planning mechanism through which the community will take all possible measures to guarantee the orderly development, effective operation, and necessary continuity of services in the broad spectrum of education, health, housing, mental health, recreation, rehabilitation, social services
and transportation;
2. to identify unmet needs and gaps in existing services for those with developmental disabilities and their families;
3. to advise and submit reports as requested by Alameda County;
4. to assist and advise the Alameda County representatives in the State Council on Developmental Disabilities – Bay Area Regional Office;
5. to advise, educate and assist, Regional Center, directors and boards of private and public agencies, local and state officials and legislators, in all matters pertaining to the welfare of persons with developmental disabilities;
6. to communicate information on developmental disabilities to the membership of the Developmental Disabilities Council and to the general public;
7. to provide a forum for Agencies and/or individuals to express concerns, issues, or questions and to request assistance and/or action;
8. to encourage the development and implementation of programs within the community that will lead to the prevention of developmental disabilities;
9. to advocate for better funding and quality services;
10. to support services and policies which reduce disparities;
11. to advance diversity and equity principles.
ARTICLE III. GENERAL MEMBERSHIP
Section A. Membership on the Developmental Disabilities Council shall be open to:
1. individuals with developmental disabilities and their families;
2. representatives of agencies and organizations which provide services to persons with developmental disabilities or who may be expected to serve them at a future date;
3. interested individuals working in the above-mentioned agencies and organizations;
4. Members of the public who wish to support the mission and the purposes of the Developmental Disabilities Council.
Section B. Membership will be granted to individuals who have met the criteria in Section A.
Section C. Individuals may become general members of the Developmental Disabilities Council at any time throughout the year by contacting the Developmental Disabilities Coordinator.
Section D. Members shall serve without compensation.
Section E. Rights of general membership: Voting in the annual election of the Board of Directors, receipt of minutes of meetings of the Board of Directors, receipt of announcements of
all major Council activities and publications.
ARTICLE IV. MEETINGS OF GENERAL MEMBERSHIP
Section A. An annual meeting of the general membership for the purpose of holding elections
and conducting such other business as is pertinent to the Developmental Disabilities Council shall be held during the month of May or June of each year at a time and place determined by the Executive Committee of the Board of Directors. General members may only vote on the election of members to the Board of Directors. If any other items are considered during the annual meeting, determination shall be made by vote of the Board of Directors only.
Section B. Special meetings of the general membership may be called by the President or at the request of at least ten (10) general members. Written notice of such meetings shall be given to the membership at least ten (10) days prior to such meetings.
Section C. At any general membership meeting of the members, a quorum shall consist of a minimum of 50% + 1 of the Board of Directors. The President or Vice-President of the Developmental Disabilities Council shall preside.
1. All members present in person and via video conferencing will be counted towards constituting a quorum.
ARTICLE V. BOARD OF DIRECTORS
Section A. On behalf of the general membership, an elected Board of Directors shall advocate for people and families affected by developmental disabilities. Such advocacy shall be consistent with the mission and purposes of the organization as designated in Article II of these bylaws.
Section B. Members shall reside in Alameda County or be employed by an agency, association or organization serving persons with developmental disabilities in Alameda County.
Section C. The Board of Directors shall be responsible for the property and business of the Developmental Disabilities Council with full power and authority to establish policies consistent with the mission and purposes of the organization and to perform such other duties as delegated to the Board of Directors by membership.
Section D. The Board of Directors shall consist of no more than thirty (30) Regular Directors chosen from the general membership. The Board of Directors shall consist of individuals
representing developmental disabilities as a whole. The majority of the Directors shall be consumers and/or their family members.
Section E. Members of the Board of Directors shall be elected annually by the general membership at the annual meeting (see Article VII for procedures).
Section F. Vacancies on the Board of Directors may be filled from nominees recommended
by the Membership Committee by a majority vote of the remaining Directors at any regular meeting. A director thus selected shall serve for the unexpired term of his or her predecessor, unless the remaining unexpired term is fewer than three months, in which case the remaining Directors may choose to leave the vacancy unfilled.
Section G. No member of the Board of Directors may serve more than twelve (12) consecutive years. Any member still serving after twelve (12) consecutive years shall be deemed to hold over until a successor is appointed and qualified.
Section H. The Board of Directors from time to time may designate as Board advisors individuals who have contributed in an outstanding and singular manner to the field of developmental disabilities in Alameda County.
Section I. State Council on Developmental Disabilities - Bay Area Regional Office members from Alameda County who are not regularly elected to the Board of Directors may be Board advisors.
Section J. The Board of Directors may designate/invite as Liaison directors, individuals who
represent particular constituencies, service delivery systems or other fields important to individuals with developmental disabilities, which are not represented on the Board of Directors. Liaison directors will serve as a resource to the Developmental Disabilities Council and the Board
of Directors.
Section K. Any Director may be terminated from the Council for behavior deemed detrimental to the mission and purpose of the Council. Termination of membership requires a motion from the Membership Chairperson and a 2/3 vote of the Executive Committee of the Council at an Executive Committee meeting as per Article IX.
ARTICLE VI. OFFICERS
Section A. The Officers of the Developmental Disabilities Council shall be President, Vice-President and Secretary.
1. President: The President shall be the directing officer of the Developmental
Disabilities Council and shall preside at all meetings of the Board of Directors and the Developmental Disabilities Council. The President may serve as Ex-Officio member of all Committees except the Membership and Nominating Committee and shall perform such other duties as designated by the Board of Directors.
2. Vice-President: The Vice President shall perform such duties as the President of the Board of Directors may designate. In the absence of the President, the Vice-
President shall perform all the duties of the President.
3. Secretary: The Secretary shall be Secretary to the Developmental Disabilities Council and to the Board of Directors. The Secretary shall take minutes of all meetings of the general membership and the monthly meeting of the Board of Directors, keeping appropriate records.
ARTICLE VII. ELECTION OF BOARD OF DIRECTORS AND OFFICERS
Section A. Council members shall elect the directors at the annual meeting from a slate of nominees selected from the general membership prepared by the Membership Committee. The
Nominating Committee (per Article IX, Section B, #10) shall prepare a slate of officers for approval by the Board of Directors, who shall then submit a final slate in writing to the general membership at least fifteen (15) days prior to the annual meeting. Additional nominations may be
made from the floor at the annual meeting.
Section B. Board of Directors and officers shall assume their duties July 1 and serve through June 30 of each year.
Section C. In the event that an officer is unable to complete his or her term of office, the Board of Directors shall elect one of its members to fill such office for the remainder of the term; except that, should the office of President be vacated, the Vice-President shall succeed to that office and a new Vice- President shall be elected.
Section D. The officers of the Board of Directors shall serve as officers of the Developmental Disabilities Council.
Section E. The President, Vice-President and Secretary shall be elected annually by the general membership. Their terms shall not exceed three (3) consecutive one-year terms of office.
ARTICLE VIII. MEETINGS OF BOARD OF DIRECTORS
Section A. The Board of Directors shall meet at such intervals as may be deemed necessary
for carrying out the responsibilities of the Board of Directors except that there shall be no fewer than ten (10) meetings in each year.
Section B. Special meetings of the Board of Directors may be called by the President and
shall be called if requested by at a majority of directors.
Section C. A minimum of 50% +1 of the total the members of the Board of Directors shall constitute a quorum for the purpose of taking official action at any meeting of the Board of Directors.
1. All members present in person and via video conferencing will be counted towards constituting a quorum.
Section D. Notices and Agendas shall be posted for all meetings as required by the Brown Act. Meetings of the Board of Directors shall be open and subject to all of the provisions of the Ralph M. Brown Act, with the following exceptions:
1. Closed-meetings may be held to deal with membership matters of a sensitive nature or where discussion may violate an individual’s right to confidentiality.
2. The membership may elect to hold virtual and hybrid meetings, at its
discretion
3. Each teleconference location from which a member will be participating will not be specifically identified in the meeting notice and agenda. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option.
4. Members of the public will not be provided access at each physical teleconference location, but will be provided access to the meeting via a call-in or an internet-based service option.
Section E. All Board of Directors members are expected to attend Board meetings on a regular basis and are encouraged to participate in Board standing committees and ad hoc (task
force) committees.
Section F. All members of the Board of Directors must attend a minimum of 5 council meetings annually. A Board member who fails to meet this minimum participation requirement shall be deemed to have resigned from the Board.
Section G. Three (3) consecutive unexcused absences of a member of the Board of Directors shall constitute a resignation.
Section H. Meetings shall be held in rooms that are accessible to persons with physical disabilities and in locations that are near accessible public transportation.
1. Virtual and hybrid meetings shall be held on video conference platforms that are accessible to persons with disabilities.
Section I. The uses of assistive devices or personal assistants are encouraged to facilitate communication at Board meetings by individuals with physical disabilities.
Section J. Members may be excused from the minimum attendance requirement, upon review and agreement by the Executive Committee, due to extraordinary circumstances. These extraordinary circumstances must constitute a major barrier in attendance and may include such
conditions as the chronic illness of a member or a member acting as the primary care taker of a family member with a chronic illness. For Council actions, these members will not be included towards quorum count.
ARTICLE IX. COMMITTEES
Section A. GENERAL
1. There shall be an Executive Committee.
2. The following Standing Committees shall be established: Membership, Legislative, Transition, and Health and Wellness.
a. All Standing Committees, with the exception of Membership, may meet in conjunction with their counterpart committees in other counties or agencies.
3. The Board of Directors shall establish standing Committees as may be deemed appropriate or necessary to accomplish the purposes of the Developmental Disabilities Council. Executive Committee proposal and a majority vote of the Board of Directors is required to form and end a standing committee. These may include committees that focus on specific services and/or populations (such as ILS, seniors, transportation). The Board of Directors, through the Developmental
Disabilities Coordinator, may provide staff support for the effective functioning of such committees or task forces.
4. The Board of Directors may also create Ad Hoc Committees to address limited-
time and limited-purpose needs. An Ad Hoc Committee is terminated when its assigned tasks have been completed or its purpose for meeting no longer exists.
5. The President of the Developmental Disabilities Council shall appoint the Chairpersons of the Standing and Ad Hoc Committees from the membership of the Board of Directors. These Chairpersons shall invite all interested persons to their Committees.
6. All Standing and Ad Hoc Committee meetings shall be open to the public, and noticed and agendized in accordance with the requirements of the Brown Act and
as outlined in Section VIII.
Section B. EXECUTIVE COMMITTEE
1. The Executive Committee shall consist of the Officers of the Developmental Disabilities Council (as defined in Article VI), the immediate Past President, and the Chairs of the Standing Committees (as defined in Article IX, Section A (2)).
2. The Executive Committee shall have the full authority of the Board of Directors, and may make decisions and take action in regard to operations of the Board of Directors and the Developmental Disabilities Council as necessary. Actions taken shall be reported at the next full meeting of the Board of Directors.
3. The Executive Committee may assume other duties, which the Board of Directors of the Developmental Disabilities Council wishes to assign.
4. A majority of the members of the Executive Committee shall constitute a quorum.
5. The Board of Directors shall choose up to three (3) other members to form a standing Nominating Committee to select a slate of officers. The slate will be presented for approval to the full Board of Directors.
6. The Nominating Committee shall include no more than 2 outgoing officers.
Section C. MEMBERSHIP COMMITTEE
1. The Membership Committee shall be composed of at least three (3) members of the Board of Directors with the majority representing consumers or their family members.
2. The Membership Committee shall recommend candidates to the Board of the
Developmental Disabilities Council for election by the general membership to the Board of Directors. This shall be done at least fifteen (15) days prior to the annual meeting. The Membership Committee shall nominate candidates to fill vacancies on the Board as required in Article V, Section H.
3. The Membership Committee or Coordinator shall provide for an orientation for Directors of the Developmental Disabilities Council.
4. The Membership Committee shall oversee the attendance of Board members.
5. Meetings shall be as required.
Section D. LEGISLATIVE COMMITTEE
1. Membership of the Legislative Committee shall not be limited.
2. The Legislative Committee shall make recommendations to the Board of the Directors of the Developmental Disabilities Council for appropriate action on
existing and proposed laws, rules and regulations of local, state and federal authorities affecting individuals with developmental disabilities.
3. The Legislative Committee shall participate in the East Bay Legislative Coalition (EBLC).
4. The Council may choose to act independently of EBLC actions.
5. Meetings shall be held as required.
Section E. HEALTH AND WELLNESS COMMITTEE
1. Membership of the Health and Wellness Committee shall not be limited.
2. The Health and Wellness Committee shall review existing and proposed laws, rules, and regulations of local, state and federal authorities affecting the health and wellness of people with developmental disabilities.
3. The Health and Wellness Committee shall make recommendations to the Board of Directors of the Developmental Disabilities Council for appropriate action.
4. The mission of the Health and Wellness Committee is: To promote the long-term health and well-being of persons with developmental disabilities in Alameda County through improved access to quality medical health care, increased education and awareness of health care providers, active support and
collaboration with other efforts, and enhanced advocacy for a responsive health care system.
5. The Health and Wellness Committee may meet in conjunction with their counterpart committees in other counties or agencies.
6. There shall be a minimum of 6 meetings annually.
Section F. TRANSITION COMMITTEE
1. Membership of the Transition Committee shall not be limited.
2. The mission of the Transition Committee is: To facilitate and advocate for successful transitions from school to adult services of persons with developmental disabilities through interagency collaboration, including but not limited to school districts, adult service providers, and public service agencies.
3. The Transition Committee shall support the planning of transition activities and/or events in Alameda County.
4. The Transition Committee shall serve as a forum for agency collaboration and shall review existing and proposed laws, rules, and regulations of local, state and federal authorities affecting transition from school to adult services of people with developmental disabilities.
5. The Transition Committee shall make recommendations to the Board of Directors of the Developmental Disabilities Council for appropriate action.
6. There shall be a minimum of 6 meetings annually.
ARTICLE X. STAFF
Section A. DEVELOPMENTAL DISABILITIES COORDINATOR
1. The Developmental Disabilities Coordinator, an Alameda County Civil Service employee, shall serve as staff to the Developmental Disabilities Council and the Board of Directors.
2. The Developmental Disabilities Coordinator, employed by Alameda County shall be administratively responsible to a department in the Health Care Services Agency and shall be functionally responsible to the Board of Directors of the
Developmental Disabilities Council with responsibilities for the day-to-day operation.
Section B. OTHER STAFF
1. Clerical support for the Developmental Disabilities Coordinator and other staff assigned to the Developmental Disabilities Council shall be provided by the Health Care Services Agency.
ARTICLE XI. NON-DISCRIMINATION AND AFFIRMATIVE ACTION
Section A. No person shall be denied participation on the Developmental Disabilities Council
on the basis of race, color, national origin, sex, age, religion, physical or mental disability, disabled veteran status, gender identity or sexual orientation. No program sponsored by the Developmental Disabilities Council shall contain any provision denying full participation therein to
any person based on the aforementioned factors.
Section B. The membership of the Developmental Disabilities Council shall be responsible to reach out to the entire community with the goal that minority groups such as persons with disabilities, Asian Americans, Pacific Islanders, African-Americans, Latinos/Hispanics, and Native Americans shall have representation on the Developmental Disabilities Council and the Board of Directors.
ARTICLE XII. PARLIAMENTARY AUTHORITY
Roberts’ Rules of Order Revised shall govern in all cases to which they are applicable and in which they are not inconsistent with these Bylaws. Alternate Rules of Order can be adopted by the Council with a 2/3 affirmative vote during a regular Board of Directors’ meeting.
ARTICLE XIII. AMENDMENTS
Proposed amendments to these Bylaws may be initiated by action of the Board of Directors. Proposed amendments must be submitted, in writing to the membership at least fifteen (15) days prior to the date of the membership meeting at which they are to be acted upon. The presence of
a quorum, (as defined in Article IV Section C,) is required for consideration of Bylaws amendments. Amendments shall be approved by a majority vote of those present.
Adopted: February 18, 1977
Amended: May 31, 1979
Amended: May 29, 1980
Amended: June 17, 1982
Amended: June 16, 1983
Amended: May 21, 1987
Amended: June 14, 1989
Amended: June 10, 1993
Amended: November 6, 1996
Amended: May 28, 1998
Amended: May 18, 1999
Amended: May 29, 2002
Amended: May 29, 2003
Amended: May 31, 2006
Amended: July 8, 2009
Amended: May 13, 2015
Amended: February 8, 2017
Amended: September 13, 2017
Amended: April 12, 2023