BY-LAWS FOR THE STATE COUNCIL FOR PERSONS WITH DISABILITIES (SCPD)

Article I
Purpose and Duties

1. SCPD was established to promote better coordination of State services related to persons with disabilities. Title 29, Chapter 88 of the Delaware Code states the following duties and responsibilities:
   1. Provide and promote coordination among all State programs, services and plans established for or related to persons with disabilities.
   2. Review, on a continuing basis, all State policies, plans, programs and activities concerning persons with disabilities which are conducted, or assisted in whole or part, by State departments, agencies, or funds in order to determine whether such policies, programs, plans and activities effectively meet the needs of persons with disabilities.
   3. Make recommendations to the Governor, the General Assembly and all State departments and agencies respecting ways to improve the administration of services for persons with disabilities, and for facilitating the implementation of new or expanded programs.
   4. Provide the Governor, the General Assembly, all interested agencies and the general public with review and comment on all State legislative proposals affecting persons with disabilities.
   5. Provide policymakers and the general public with analyses and recommendations on federal and local governmental legislation, regulations and policies affecting state programs and persons with disabilities.
   6. Propose and promote legislation, regulations and policies to improve the well-being of persons with disabilities.
   7. Serve as a central state clearinghouse for information and data regarding the current number of persons with disabilities and their needs; the location, provision and availability of services and programs for persons with disabilities; and any other relevant information and data about persons with disabilities which the Council deems appropriate.

Article II
Membership

1. Consistent with Title 29 Del.C. Section 8813(d)(7), preference should be given to persons with disabilities. Any vacancy among the members should be filled by the respective council or committee within one month of the vacancy.
2. New membership shall be defined consistent with SCPDs New Member Policy.
3. SCPD members may be represented at Council meetings by an alternate who has been duly elected or appointed by the councils, committees, Department Secretaries or SCPD Chairperson. These alternates shall be empowered with the rights and responsibilities of full membership.
4. Active participation in Council activities is a requirement of continued membership. In implementation of this standard, each member is encouraged to serve on at least one committee. Any member who misses either 3 consecutive full Council meetings or 4 out of any 12 consecutive full Council meetings, without valid excuse, shall be presumed to have resigned from SCPD. However, the Chairperson, in consultation with the Executive Committee, will decide the appropriate course of action if a member cannot commit to the minimum number of meetings necessary for sustained membership.
5. SCPD members shall serve without compensation, except that they may be reimbursed by the Office of Disability Affairs, Department of Administrative Services, for reasonable and necessary expenses incident to their duties as members of this Council to the extent funds are available and in accordance with State law.
6. SCPD members, except for the Chair or Vice-Chair or the Chair=s or Vice-Chair=s designee, shall not have contact with the media on behalf of the Council. However, members shall be allowed to represent themselves or other organizations as they deem appropriate.
7. SCPD members may file a concern regarding Council members and/or staff on procedural grounds using SCPDs Internal Dispute Resolution Procedure.

Article III
Officers

1. The full Council shall elect its own Chairperson.
2. The SCPD Chairperson is elected for two years by a quorum of the full Council. The Chairperson is eligible for re-election to one additional term.
3. The SCPD Vice-Chairperson is elected for a two-year term and shall serve in the absence of the Chairperson. The Vice-Chairperson is eligible for re-election to one additional term.
4. The SCPD Chairperson and Vice-Chairperson shall be elected at the last full Council meeting before September and shall take office at the close of the meeting at which they were elected.
5. If the Chairperson should resign, the Vice-Chairperson will assume the duties of the Chairperson for the remainder of the term and a new Vice-Chairperson shall be elected at the next full Council meeting. If the Vice-Chairperson should resign, a new election will be held during the next full Council meeting. Service as an officer for a partial term (e.g. due to resignation or vacancy) shall not count as a term for purposes of determining the two-term limit.

Article IV
Committees

1. The Executive Committee shall manage the affairs of SCPD between its meetings, direct the administrative, membership and budget duties for the full Council, and provide information and recommendations, as needed, to the full Council. The Executive Committee shall have the authority to schedule special sessions, as needed. The Executive Committee shall be comprised of the Chairperson, Vice-Chairperson, and five members-at-large. At least three members of the Executive Committee must be consumers. The Executive Committee shall be subject to the orders of the full Council and none of their acts shall conflict with the action taken by the full Council. The Immediate Past-Chairperson and Past Vice-Chairperson, if not otherwise elected to the Executive Committee, may serve as a non-voting advisors to the Executive Committee. The Chairperson, or Vice-Chairperson, and three other Executive Committee voting members shall constitute a quorum of this Committee. Members-at-large of the Executive Committee shall be elected at the last full Council meeting before September and shall take office at the close of the meeting at which they were elected. The term for members-at-large is two years and members shall be able to serve consecutive terms. If a member of the Executive Committee resigns, the Chairperson will appoint a replacement who will serve out the remainder of the unexpired term.
2. Standing Committees shall be created by the full Council. The SCPD Chairperson, with advisement from the Executive Committee and the affected Standing Committee, shall appoint the Committee chairpersons and members. Committee chairpersons shall serve terms at the pleasure of the SCPD Chairperson. Standing Committee persons who are not SCPD members may be appointed by the SCPD Chairperson to serve on any of the Council's Standing Committees. Standing Committees shall include:
   1. Housing Committee - The Housing Committee analyzes and promotes federal, state and local laws, regulations, programs and policies to ensure that people with disabilities have appropriate access to housing options in Delaware.
   2. Policy & Law Committee - The Policy & Law Committee analyzes and promotes state, federal and local legislation, regulations, programs and policies to effectively meet the needs of persons with disabilities in Delaware. This Committee shall have the authority to take action consistent with its charge without approval of the full Council.
   3. Public Relations and Education Committee - The Public Relations and Education Committee endeavors to improve exposure of, and educate the public on, SCPD regarding its mission, purpose and activities through media and appropriate resources. In addition, this Committee develops unified SCPD position statements to be provided to the media and agencies, as necessary, regarding critical issues which impact persons with disabilities.
3. Ad hoc committees shall be appointed by the SCPD Chairperson when appropriate and shall adhere to Article IV of these bylaws.

Article V
Meetings

1. The Council shall determine its own meeting schedule, but there shall be not less than four (4) meetings each calendar year. These meetings shall be open to the public, held in an accessible place, and with requested accommodations.
2. A simple majority of the total membership shall constitute a quorum, which shall be necessary to vote on any issue. Voting by telephone, fax, e-mail or proxy is allowable.

Article VI
Rules of Order

1. Unless otherwise provided in these by-laws, all SCPD meetings and activities shall be governed by Robert's Rules of Order.

Article VII
Amendments

1. Amendments to these by-laws may be adopted by a quorum of the full Council at any duly authorized official Council meeting and must be in compliance with any State legislation affecting this Council.

Revised September 2000
Revised May 2001
Revised May 2002

execcomm/bylaws01.doc