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KCDD ByLaws

KENTUCKY COUNCIL ON DEVELOPMENTAL DISABILITIES

BYLAWS

As Adopted May 13, 2004

ARTICLE I:  NAME
ARTICLE II:  DEFINITIONS
ARTICLE III:  AUTHORITY, PURPOSE, MISSION, AND DUTIES
ARTICLE IV:  MEMBERSHIP
ARTICLE V:  OFFICERS
ARTICLE VI:  MEETINGS
ARTICLE VII:  ELECTIONS
ARTICLE VIII:  COMMITTEES
ARTICLE IX:  COUNCIL STAFF
ARTICLE X:  UNAUTHORIZED USE OF COUNCIL NAME
ARTICLE XI:  CONFLICT OF INTEREST
ARTICLE XII:  AMENDMENTS

 


ARTICLE I:  NAME

The name of this organization shall be the Kentucky Council on Developmental Disabilities, hereinafter referred to as KCDD.


ARTICLE II:  DEFINITIONS

1. Developmental Disability - 
a) A severe, chronic disability of an individual that i) is attributable to a mental or physical impairment or combination of mental and physical impairments; ii) is manifested before the individual attains age 22; iii) is likely to continue indefinitely; iv) results in substantial functional limitations in 3 or more of the following areas of major life activity:  (I) self-care (II) receptive and expressive language (III) learning (IV) mobility (V) self-direction (VI) capacity for independent living (VII) economic self-sufficiency; and v) reflects the individual’s need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated.
b) Infants and Young Children - An individual from birth to age 9, inclusive, who has substantial developmental delay or specific congenital or acquired condition, may be considered to have a developmental disability without meeting three or more of the criteria described in clauses (i) through (v) of subparagraph (A) if the individual, without services and supports, has a high probability of meeting those criteria later in life.

2. Consumer Member - A Governor appointed KCDD member with a developmental disability.

3. Consumer Representative – Governor appointed KCDD parents or guardians of children with developmental disabilities; or immediate relatives or guardians of adults with mentally impairing developmental disabilities who cannot advocate for themselves

4. State Agency Representative – State agency representative as delineated in Executive Order 98-892.

5. State Agency Representative Designee – An individual designated by the state agency representative to act on their behalf.

6. Proxy - There will be no use of proxies at Full Council meetings and Committee meetings.

7. Quorum

Full Council Meeting
To hold a meeting the Council must have a quorum.  It takes fifty-one percent (51%) or more of all KCDD members to be present to transact business of the Council during Full Council meetings.  The majority of the quorum at the Full Council meeting must be consumers or consumer representatives.

Committee Meetings
Fifty-one percent (51%) or more of each committee's members must be present for a quorum in the Committee meetings.

Workteam Meeting
Workteams does not require a quorum to conduct business.

7. Full Council - All currently governor appointed KCDD members.

8. Standing Committee – A committee listed in the bylaws and considered a permanent part of the Council.

9. Special Committee – A committee not considered standing that is created to perform a specific task and is dissolved when the task is completed.

10. Team, Workgroup and Subcommittee – Teams, workgroups, and subcommittees are not special committees.


ARTICLE III:  AUTHORITY, PURPOSE, MISSION, AND DUTIES

Section 1:  Authority.  The KCDD is established to assist the Commonwealth of Kentucky in carrying out the requirements for participating in P. L. 88-164 as amended by P. L. 91-157, P. L. 94-103, P. L. 95-602, P. L. 101-496, P. L. 95-602, the Omnibus Budget Reconciliation Act of 1981, P. L. 97-35; The Developmental Disabilities Assistance Act of 1987, P. L. 100-146, the Developmental Disabilities Assistance and Bill of Rights Act, as Rights Act amendments of 1996.  P. L. 104-183, and such other functions and responsibilities as are assigned by the Executive Order 2001-1173 and P. L. 103-230 and P. L. 104-183 in effect.  The Council shall serve as an advocate within the state government for its citizens with developmental disabilities as a class.

Section 2.  Purpose:  The purpose of KCDD is to promote systemic change, capacity building, and advocacy activities that are consumer and family-centered and consistent with the policy in P. L. 106.402, Section 101, (b) (1) (c) (2).

Section 3.  Mission:  The Mission of the KCDD is to create change through visionary leadership and advocacy so that people have choices and control over their own lives.

Section 4.  Duties:  The duties of the KCDD shall include but not be limited to the following:

a) Exercise those responsibilities and duties as are set forth in the federal enabling legislation and those regulations and guidelines pertaining to this legislation;

b) Advocate for improved programs and policies to increase services and supports and other assistance for people with developmental disabilities and their families;

c) Determine priorities among service needs, and set goals and objectives for the state program of services for people with developmental disabilities and their families;

d) Develop a State Plan based on an analysis of needs as determined by people with developmental disabilities and their families;

e) Monitor, review, and evaluate the implementation and effectiveness of the State Plan, at least annually;

f) To the extent feasible, review and comment on all State Plans which relate to programs affecting people with developmental disabilities;

g) Exercise other duties consistent with the statement of purpose;

h) Prepare, approve, and implement a budget based on funds appropriated; fund and implement KCDD approved programs, projects, and activities that will make a significant contribution toward enhancing the independence, productivity, integration, and inclusion into the community of people with developmental disabilities;

i) Recruit, hire, supervise, and evaluate its Executive Director;

j) Submit to the Secretary of the Department of Health and Human Services and the Atlanta Regional Office an annual report of its activities and such periodic reports as the Secretary may reasonably request;

k) Perform such other related duties as may be required by P. L. 88-164 as amended by P. L. 91-517, P. L. 94-103, P. L. 95-602, and P. L. 101-496, P. L. 95-602, the Omnibus Budget Reconciliation Act of 1981, P. L. 97-35; the Developmental Disabilities Assistance Act of 1987, P. L. 100-146, the Developmental Disabilities Assistance and Bill of Rights Act, as Rights Act amendments of 1996.  P. L. 104-183, and such other functions and responsibilities as are assigned by the current Executive Order 2001-1173 and P. L. 103-230 and P. L. 104-183 in effect.

l) Educate and inform the public about the abilities of people with disabilities and dispel myths and misconceptions.

 

ARTICLE IV:  MEMBERSHIP

1. Members shall be appointed by the Governor in accordance with the requirements in the Developmental Disabilities Assistance and Bill of Rights Act (P. L. 106-402) as amended.  KCDD shall consist of 26 members as delineated in Executive Order 2001-1173 (KRS 194A.135).

2. New members of the KCDD shall participate in Orientation Training within three months after appointment.

3. Members not representing state agencies shall be appointed for a term not to exceed three years.  Members shall serve no more than six consecutive years.  In the event there is a delay in reappointment, members shall serve until their successors are appointed.  A person shall be eligible for reappointment after a period of three years (a full term) has elapsed since completion of a member’s term or replacement.  Members may be removed for cause as determined by the Bylaws of KCDD.

4. Duties and responsibilities of KCDD members include:

a) Attending all KCDD meetings .

b) Actively participating in KCDD activities, including serving on a Council committee and casting informed votes on Council matters.

c) Fulfilling other duties or responsibilities as necessary.

6. Members are expected to attend all KCDD meetings. Attendance may include physical presence at the meeting, telephone conference, or video conferencing.  In the event that a member of the KCDD has two absences from Full Council meetings in a calendar year, such member shall be recommended to Full Council for removal from KCDD.

7. Upon recommendation by two-thirds vote of the quorum at a regular or special KCDD meeting, the KCDD may recommend to the Governor the removal of a member for misconduct, lack of attendance, or any act or omission detrimental to the KCDD provided that the member is given prior notice of this action, and, if requested, an opportunity to be heard by the KCDD.

8. If an appointed KCDD member requires a personal aide to facilitate attendance at, or participation in, KCDD meetings, or should an appointed KCDD member need respite care for a family member with a disability in order to attend and participate in KCDD meetings, such member(s) shall receive reimbursement for the expenses of said aide or care in accordance with adopted policy. 

9. Consumer or consumer representative members shall not be employees of a state agency, or a managing employee or a person with ownership or controlling interest in any other entity that receives funds or provides services under the Developmental Disabilities Act of 1984 or any amendment to that Act.

10. In accordance with KCDD policies, KCDD members who are not representatives of state agencies shall be reimbursed by KCDD for travel expenses to attend KCDD meetings and other functions sponsored or authorized by the Council in accordance with adopted policy.

11. KCDD members who are not representatives of state agencies, and who are not employed or must forfeit wages from other employment, may elect to be compensated for expenses while said member is engaged in performing approved duties of KCDD.  Approved duties of KCDD shall include regular KCDD attending Full Council meetings and Committee meetings held in conjunction with Full Council meetings.  KCDD members will be reimbursed according to policy.

12. KCDD state agency representatives may appoint a designee who attends meetings in their place.  Each state agency representative shall be allowed one designee who shall represent the appointed member at meetings the member is unable to attend.  When the appointed member does not attend Council meetings, the designee shall have a vote, and shall participate in the meeting.  The name of the designee must be sent in writing by each appointed member to the Council, at least annually.  Council will acknowledge no other state agency representation.  Only the state agency representative or appropriate designee may participate and vote at a meeting.


ARTICLE V:  OFFICERS

1. The officers of KCDD shall include a Chairperson, and Vice-Chair.  The Chairperson and the Vice-Chair shall be a Consumer or a Consumer Representative.

 

2.  Qualifications for Officers
 Candidates should meet all of the qualifications for members of the Council, and in addition;
 
1) Have been a member of the Council for at least one year;
2) Have a working knowledge of the Kentucky and federal law relevant to individuals with developmental Disabilities;
3) Have a working knowledge of the state and federal service delivery system for people with developmental disabilities;
4) Have experience leading meetings and knowledge of the role of officer of a group, and
5) Have a working knowledge of parliamentary procedure.

 Any member interested in becoming an Officer will be offered training opportunities.

3. Duties of Officers:

a) The Chairperson shall be the chief elected officer of the KCDD and shall preside at all meetings and appoint all committee members.  The Chairperson shall work with the Executive Director to prepare regular meeting/executive committee agendas.  He/she shall chair the Executive Committee of the Council. The Chairperson will be our delegate at the National level.

b) The Chairperson will be responsible for distributing the evaluation form for the Executive Director.  The Chairperson and the Executive Committee will review the evaluations, compile the scores and develop a narrative evaluation, which summarizes the strengths and weaknesses noted.  Both the Executive Committee's narrative evaluations and the compilation of scores from the evaluations will be shared with the Executive Director prior to the August meeting.  The Chairperson may delegate certain duties to other officers from time to time, as necessary to carry out the activities of the KCDD.  The Chairperson shall vote only in case of a tie vote at both Full Council and Executive Committee meetings.  Chair will appoint a member of the Executive Committee to preside at the Full Council meeting if Chair and Vice-Chair will not be in attendance.

c) The Vice-Chairperson shall aid the Chairperson in the performance of his/her duties. The Vice-Chairperson shall perform all duties of the Chairperson in his/her absence and such other responsibilities, as the Chairperson shall determine. 

d) The KCDD may elect such additional officers as are deemed necessary.  Any elected officer, including the Chairperson or Vice-Chairperson, may be suspended or removed only for cause by a two-thirds vote of the Full Council at any regular or special KCDD meeting.  The vote for removal or suspension shall be at a meeting in which the agenda or notice specifies the action to be taken.  An elected officer may not be removed from office without notice and an opportunity to be heard.  The officer may waive his hearing.

4. Non-Officers:

a) Past-Chairperson, while not an officer, will be a nonvoting member on the Executive Committee.
b) State Agency Representative will be elected by Full Council and will be a voting member on the Executive Committee.


ARTICLE VI:  MEETINGS

1. Regular Meetings:

a) The KCDD shall convene at least two regular meetings each year.  The Annual meeting will be held in August.  The Annual meeting will include but not be limited to adoption of annual calendar and a completion of the Special Committee Assignment form, projected budget, and election of officers and a state agency representative.  The current chair will conduct the Annual meeting.  At the end of the Annual meeting, the newly elected Chairperson will assume the duties as Chair.  The Planning meeting will be held annually.  The Planning meeting will include but not be limited to approval of Council's (annual and 5 year plan) plan and establishment of the special committee structure to be used during the upcoming year and appointment by the Chair of Membership Committee.

b) The KCDD shall conduct such other regular meetings as necessary to conduct its business, as agreed upon by the majority of the KCDD. 

c) An agenda and supporting materials shall be distributed in regular and alternative format ten (10) days in advance of all KCDD meetings.  Any matters not appearing on the agenda may be considered upon a favorable vote of the majority of the quorum.  Any matters that have supporting material where alternative format has been requested can be removed from the agenda at the request of any Council member.

d) Agenda items can only be tabled one time at the Full Council meetings. 

e) All meetings shall comply with the provision of KRS 61.805 – 61.850, et seq., popularly referred to as “The Open Meetings Law.”

f) All meetings shall comply with the Robert's Rules of Order. 

2. Special Meetings:

a) The Chairperson shall call special meetings with a ten (10) day notice as deemed necessary to carry out the duties of the KCDD.  Upon the request of a quorum of the members, the Chairperson shall call a special meeting within ten (10) days.  If he/she declines or neglects to do so, such members may call such a meeting upon their own authority.

b) Notice of special meetings shall be given to all KCDD members in writing, electronic format, or by phone.

c) Written summaries of minutes of each special meeting shall be provided to all KCDD members' ten (10) days prior to the next regular KCDD Full Council meeting.

3. Any member may request the Chairperson to place an item on the agenda.  If he/she should decline or neglect to do so, such member may have the item placed on the agenda by submitting it in writing with the supporting signatures of five members.

4. All meetings shall comply with the provision of KRS 61.805 – 61.850, et seq., popularly referred to as “The Open Meetings Law.”

5. All meetings shall comply with the Robert's Rules of Order. 


ARTICLE VII:  ELECTIONS 

1. The Chairperson, Vice-Chairperson, and state agency representative to serve on executive committee shall be elected by the Full Council based on recommendations from the Membership Committee and nominations from the floor at the Annual meeting. 

2. All elections will occur by paper ballot. 

3. The elected individuals shall serve until the next Annual meeting or until their successors have qualified.  In order for an elected officer to serve more than two consecutive one-year terms, he/she must be elected by a two-thirds vote of quorum rather than the customary majority authority.

4. The Membership Committee shall serve as a standing committee.  A Membership Committee consisting of at least three KCDD members (one consumer, one consumer representative, and one state agency representative) who are not currently serving as officers of the Council shall may be appointed by the Chairperson at the regular meeting preceding the Annual meeting and shall serve until a new committee is appointed.  It’s duties shall include recommending nominations for vacancies on KCDD to the Governor to fill terms, which expire or are vacated excluding state agency representatives on the KCDD.  The Membership Committee shall also present a slate of officers at the Annual meeting, members to serve as Chairperson, Vice-Chairperson, and state agency representative of KCDD.  In the event a member for any reason vacates an office, the Membership Committee shall recommend a candidate to serve the remainder of that term of office.

5. Additional nominations by the members may be made from the floor at KCDD’s Annual meeting.


ARTICLE VIII:  COMMITTEES

1. Standing Committee:

a) The standing committees of KCDD shall include the Executive Committee and the Membership Committee.  A committee structure shall be entered into the minutes of the annual planning meeting.

b) Committees shall be comprised of at least one consumer, one consumer representative, and one state agency representative.

c) The Chairperson and Vice-Chairperson of standing committees shall be elected by each respective committee.  KCDD standing committee chairperson shall be consumer or consumer representative members of the KCDD.  Standing committee chairperson shall vote during committee meetings only if there is a tie.  All standing committee actions shall be subject to approval or disapproval by the Full Council meetings, or the Executive Committee in the case of an emergency.

d) The KCDD Chairperson, elected at the Annual meeting, with input from the KCDD members, will make final special committee member assignments prior to the next regularly scheduled meeting.

2. Special Committee:

a) Special Committees will be designated at the Planning meeting.

b) The Chairperson may appoint such other committees as are required to carry out the mandates of the KCDD and to implement the operating procedures established at the planning meeting.

c) The Chairperson and Vice-Chairperson of special committees should be elected by each respective committee.  KCDD special committee chairpersons shall be consumer or consumer representative members of the KCDD.  Special committee chairpersons shall vote during committee meetings only if there is a tie.  All special committee actions shall be subject to approval or disapproval by the Full Council at Full Council meetings, or the Executive Committee in the case of an emergency.

d) The KCDD Chair, elected at the Annual meeting, with input from the KCDD members, will make final special committee member assignments prior to the next regularly scheduled meeting.

e) KCDD members shall serve on only one special committee.  Committees shall be comprised of at least one consumer, one consumer representative, and one state agency representative.

3. Executive Committee:

a) The members of the Executive Committee shall consist of the KCDD Chairperson, Vice-Chairperson, Immediate Past-Chairperson, Chairpersons of standing committees, and special committees, and a state agency representative.  In the event that the Immediate Past Chairperson is no longer a Council member, then that seat shall be vacant.

b) The Majority of the Executive Committee shall be consumer or consumer representative members.

c) The Executive Committee shall be empowered to act on behalf of KCDD between regular meetings in an emergency situation, and only for one (1) stated emergency purpose. The notice for an emergency meeting shall be calculated so that it shall be received at least 24-hours before the emergency meeting in according with KRS 61.805 – 61.850, et seq., popularly referred to as “The Open Meetings Law.”  The Executive Committee can also meet in advance of and during regular KCDD meetings to facilitate workflow of committees.

d) Each member of the Executive Committee may serve on another KCDD special committee.

e) In the event there is no consumer on the Executive Committee, the Full Council will elect a consumer for the Executive Committee.


4. Teams, Workgroups, and Subcommittees:
a) Teams, Workgroups, and Subcommittees are not a part of Executive Committee.

a) Teams, Workgroups, and Subcommittees are open to all Council Members who are interested in the issue.

b) Each Team, Workgroup, and Subcommittee will establish guidelines for the group.

c) Each Team, Workgroup, and Subcommittee will elect a chairperson from those present.  The Chair may be consumer, consumer representative, or state agency representative.

d) Non-Council Members may be invited to participate on the Teams, Workgroups and Subcommittees.


ARTICLE IX:  COUNCIL STAFF

1. The Council is empowered to recruit and terminate the Executive Director with or without cause, by two-thirds vote of the Full Council.

2. The Executive Director is responsible for administration of the KCDD program and overall staff performance. 

3. The Executive Director is responsible for hiring, firing, supervising, and evaluating all other KCDD staff. 

4. The staff shall provide support and assistance to officers, committees, task forces, and general membership in implementing policies, programs, directives, and goals of KCDD.  KCDD members may only request staff assistance from the Executive Director, who will assign the appropriate personnel.


ARTICLE X:  UNAUTHORIZED USE OF COUNCIL NAME


1. No KCDD member, or KCDD staff, will use the KCDD name for any purpose other than one clearly authorized by KDDC and consistent with KCDD Policy.


ARTICLE XI: CODE OF ETHICS


ETHICAL PRINCIPLES
 The principles of ethical behavior for public servants of the Commonwealth are provided in KRS 11A.005(1). Although not “public servants” as defined in KRS Chapter 11A, as members of the Kentucky Council on Developmental Disabilities, we believe that our public service is for the benefit of the people of the Commonwealth. We also recognize that such public service is a public trust and that we have a duty to:

(a) Be independent and impartial;
(b) Make policy and decisions through established processes of government;
(c) Not use our positions to obtain private benefits; and
(d) Uphold the public trust in the integrity of the Kentucky Council on Developmental Disabilities.

Thus, the members of the Kentucky Council on Developmental Disabilities shall comply with the following minimum standards of ethical conduct.


ACCEPTANCE OF GIFTS
 A member of the Kentucky Council on Developmental Disabilities, his spouse, or dependent child knowingly shall not accept any gifts or gratuities, including travel expenses, meals, alcoholic beverages, and honoraria, totaling a value greater that twenty-five dollars ($25) in a single calendar year from any person or business that does business with, is regulated by, is seeking grants from, is involved in litigation against, or is lobbying or attempting to influence the actions of the Kentucky Council on Developmental Disabilities, or from any group or association which has it’s primary purpose the representation of those persons or businesses. Nothing contained in this paragraph shall prohibit the Kentucky Council on Developmental Disabilities from authorizing exceptions to this paragraph where such exemption would not create an appearance of impropriety.

DISCLOSURE OF CONFLICTS OF INTEREST
 A member of the Kentucky Council on Developmental Disabilities shall disclose to the other members of the Kentucky Council on Developmental Disabilities any direct or indirect interest in any undertaking that puts his personal interest in conflict with that of the Kentucky Council on Developmental Disabilities. This disclosure shall be made in writing or shall be recorded in the minutes of a formal meeting. A member who is required to publicly disclose a direct or indirect interest shall abstain from all decisions concerning his interest, if the decision would effect him as a member of a business, profession, occupation, or group.

CONTRACTS/ AGREEMENTS
 No member of the Kentucky Council on Developmental Disabilities shall himself or through a business in which he owns or controls an interest of more than five percent (5%), or by any other person for his use or benefit or on his account, undertake, execute, hold or enjoy, in whole or in part, any contract, agreement, lease, sale, or purchase made, entered into, awarded, or granted by the board, commission, authority, council, or committee of which he is a member. This prohibition shall not apply to purchases that are available on the same terms to the general public or which are made at public auction.

 

ARTICLE XII:  AMENDMENTS

1. These Bylaws may be amended at any regular meeting of the KCDD by a majority vote of the quorum, provided the agenda of the meeting and wording of the proposed amendment are distributed to the total membership at least ten (10) days prior to the date of the meeting.

 

Last Updated 2/11/2010