By-Laws For The State Council for Persons with Disabilities (SCPD)

As found here: https://delcode.delaware.gov/title29/c082/index.html#8210

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Article I Purpose and Duties

1. SCPD was established to promote better coordination of State services related to persons with disabilities. The Delaware Code states the following duties and responsibilities:
   1. 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 people 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. Obtain, evaluate, and disseminate, as appropriate, information and data regarding:
      • The current numbers of persons with disabilities and their needs;
      • The location, provision and availability of services and programs for persons with disabilities;
      • Any other relevant information and data about persons with disabilities which the council deems appropriate.
   8. Prepare and submit to the Governor and the General Assembly an annual report of the activities of the Council and the status of services and programs for persons with disabilities.
   9. Serve as advisory council for the Community-Based Attendant Services program established by Chapter 94 of Title 16.
   10. Serve as the primary brain injury council for the State.
   11. Serve as administrative agency for the Employment First Oversight Commission as established in § 745 of Title 19.

Article II Membership

1. Consistent with the Delaware Code, preference should be given to persons with disabilities and family members. Any vacancy of a representative position listed in the Delaware Code should be filled by the respective council, committee, agency or organizations within 1 month.
2. New membership shall be defined consistent with SCPDs New Member Policy.
3. SCPD members may be represented at Council meetings by a designee who has been duly elected or appointed by the councils, committees, Department Secretaries or SCPD Chairperson. These designees 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 Safety and Homeland Security 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 a two year term by a quorum of the full Council. There are no term limits.
3. The SCPD Vice-Chairperson is elected for a two-year term by a quorum of the full Council and shall serve in the absence of the Chairperson. There are no term limits.
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.

Article IV Committees and Director

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 persons with disabilities or family members. 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. A simple majority of the total membership 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 there are no term limits. If a member at large 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. The Brain Injury Committee’s mission is to improve the lives of Delawareans with brain injury and their families by providing the following: 1) a forum for the sharing and analysis of information; 2) a network to identify and facilitate acquisition of enhanced resources; 3) a technical assistance provider to educate public and private policymakers; and 4) an advocacy agency to promote a consumer-oriented, effective injury and prevention service delivery system. This Committee shall have the authority to take action consistent with its charge without approval of the full Council.
3. Ad hoc committees may be appointed by the SCPD Chairperson when appropriate and shall adhere to Article IV of these bylaws.
4. The Director may act between meetings of the Council, Executive Committee, or other committees with jurisdiction, if the Director determines that prompt action is necessary subject to the following: 1) The Director’s action is taken in consultation with the SCPD Chairperson, or if the Chairperson is unavailable, the SCPD Vice-Chairperson; 2) Notice of the action is shared within three business days with the Executive Committee; and 3) Notice of the action is shared with the full Council no later than its next regular meeting.

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 reasonable accommodations. A simple majority of the total membership shall constitute a quorum, which shall be necessary to vote on any issue.
2. The Council may authorize modification of state meeting participation and voting standards and policies if necessary to provide a reasonable accommodation in conformity with federal law.

Article VI 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.

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Revised September 2000
Revised May 2001
Revised May 2002
Revised February 2008
Revised June 16, 2014
Revised June 20, 2016
Revised September 19, 2016
Revised April 20, 2020
Revised May 18, 2020