By-Laws of the Oak Ridge Reservation Health Effects
Subcommittee
ADOPTED 3/20/01
Article I. Name
-
The name of the Organization shall be the
Oak Ridge Reservation Health Effects Subcommittee,
hereinafter known as the subcommittee and by
the acronym, ORRHES.
Article II. Enabling Laws and Regulations
- This subcommittee has been formed by the Agency
for Toxic Substances and Disease Registry (ATSDR)
and the Centers for Disease Control and Prevention
(CDC) under the authority of the Federal Advisory
Committee Act (FACA) (Public Law 92-463 of 1972)
as a subcommittee of the Citizens Advisory Committee
on Public Health Service Activities and Research
at DOE Sites. The subcommittee is first and foremost
bound by the rules that govern federal advisory
committees under this act and the subsequent
regulations on administrative guidelines and
management controls developed and implemented
by the General Services Administration (GSA)
Committee Management Secretariat on December
2, 1987 (41 CFR Part 101-6). The subcommittee
is based on a Memorandum of Understanding (MOU)
between the Department of Energy and the Department
of Health and Human Services (DHHS). It is therefore
subject to all the rules and regulations expressed
in the above documents and other regulations
established by ATSDR and CDC, which are the responsible
agencies. Copies and summaries of pertinent documents
as distributed by ATSDR and CDC are included
in these by-laws by reference. All by-laws that
derive from either FACA requirements, GSA rules,
DHHS guidelines, or the subcommittee's charter
are flagged by an asterisk and may not be amended.
Appendix A of this document includes background
information on the history, purposes, structure
and processes of the ORRHES on which these by-laws
are based and should be used for interpretation.
- Subject to the legal constraints, ORRHES issues
recommendations that are independent of ATSDR
and CDC.*
- The FACA regulations require a Designated Federal
Official (DFO) charged with oversight and administrative
duties.*
Article III. Objectives
1. Providing Advice and Recommendations to ATSDR
and CDC
The purpose of the Oak Ridge Reservation Health
Effects Subcommittee is to provide advice and recommendations
concerning public health activities and research
conducted by the Agency for Toxic Substances and
Disease Registry and the Centers for Disease Control
and Prevention at the Oak Ridge Reservation Department
of Energy site.* The advice and recommendations
shall be submitted to the administrator of the
Agency for Toxic Substances and Disease Registry
(ATSDR), who is also the director of the Centers
for Disease Control and Prevention.* The subcommittee's
recommendations relate specifically to activities
of ATSDR and CDC. Recommendations on activities
of any other federal, state, or local agency are
not within the scope of the subcommittee's charter.*
The subcommittee shall review all relevant previous
studies and investigations in a step-by-step process
in order to provide advice on the selection, design,
scope, prioritization, and adequacy of ATSDR's
public health activities for the Oak Ridge Reservation.
Specifically, the subcommittee shall:
- Help prioritize public health issues and community
concerns to be evaluated.
- Provide input in developing ATSDR's public
health assessment and community needs assessment
for the Oak Ridge Reservation site.
- Provide input into follow-up public health
activities.
- Provide an opportunity for citizens to collaborate
with agency staff members and learn more about
the public health assessment process and other
public health activities.
ATSDR is committed to engaging the Oak Ridge community
as partners in conceptualizing, planning, and implementing
public health activities at the site, and in communicating
and discussing results and determining appropriate
follow-up actions. The Oak Ridge Reservation Health
Effects Subcommittee shall provide a forum for
coordination of these activities.
2. ATSDR Public Health Assessment
The subcommittee shall provide advice to ATSDR
in its public health assessment for the Oak Ridge
Reservation starting in the year 2000. The assessment,
for which the subcommittee will provide recommendations,
has two main purposes:
- To determine how releases of hazardous substances
from the reservation may have affected public
health in communities around the sites.
- To decide what further public health activities
or actions should be conducted.
ATSDR shall conduct the following activities as
a part of the public health assessment:
- Identify and characterize both current and
past exposures of off-site populations to radiologic
and chemical contaminants.
- Identify populations exposed at levels of health
concern.
- Address community health concerns.
- Recommend follow-up public health actions or
studies.
3. Community Needs Assessment
The subcommittee shall provide advice to ATSDR
in its community needs assessment starting in the
year 2000. This assessment, for which the subcommittee
will provide recommendations, will identify the
health concerns of residents near the Oak Ridge
Reservation. The needs assessment involves collecting
data on community demographics, health concerns,
health education needs, and available health resources.
ATSDR will collect this information by reviewing
existing documents, reports, and surveys; interviewing
community members, health officials, and health
care providers; and conducting community focus
groups. The community needs assessment will provide
the basis for developing and implementing a community
health education program to assist community members
and health care providers in understanding, preventing,
and mitigating the potential health effects of
exposure to hazardous substances from the Oak Ridge
Reservation site.
4. Processing of On-Site Health Concerns
Any on-site health concerns which are received
by the subcommittee shall be documented and forwarded
to ATSDR to be sent to the appropriate federal
agency at ATSDR's discretion.
Article IV. Membership
- As required under FACA, membership was appointed
by ATSDR and CDC based on the requirements that
members must be balanced in terms of their affiliations
and the functions to be performed by the subcommittee,
and that the subcommittee should have equitable
geographic, ethnic, and gender representation.*
The ORRHES may nominate members for consideration
by ATSDR and CDC. The members serve four-year
terms at the pleasure of the ATSDR and CDC.*
- Membership in the ORRHES work groups is open
to the public.
- Representatives of Federal or State Agencies
designated by ATSDR and CDC may be Liaison Members
with full rights of discussion but without voting
rights.
- Federal or State Agencies, designated as Observers
by ATSDR and CDC, may participate in subcommittee
discussions as needed.
- Nonmembers may be granted the privilege of
full participation (except voting) in the discussion
germane to the topic by a simple majority vote
of the subcommittee.
- Subcommittee members are encouraged to interact
with interested individuals and groups in the
Oak Ridge area to understand their interests
and viewpoints.
- When speaking to the media and other individuals
outside the subcommittee, members should speak
only for themselves and shall refrain from attributing
statements or positions to other participants
or speculating about the opinions or recommendations
of the subcommittee that are not fully formulated
or still in process. Members may discuss decisions
or recommendations the subcommittee has formally
adopted. If a member notices an article or report
appears that misquotes or inaccurately represents
an individual, the members shall inform the subcommittee
chair as soon as possible.
- As required under FACA, members shall notify
the DFO immediately of any actual or potential
personal conflict of interest that may arise
regarding any portion of the subcommittee's agenda
or business.*
Article V. Officers and Administrator
- The chair is the sole officer of the subcommittee.*
- As required under FACA, the chair shall be
appointed by ATSDR and CDC.*
- As required under FACA, an employee of ATSDR
shall serve as the Designated Federal Official
(DFO) and shall be the official ATSDR contact
for the subcommittee.* (The DFO is not a member
of the subcommittee.)
Article VI. The Chair
- As required under FACA, the chair shall work
with the DFO and subcommittee input to help determine
dates and locations for meetings.
- The chair shall facilitate all subcommittee
meetings* and shall follow these guidelines:
- Keep meetings focused on the agenda and
within the allocated time frame for each
agenda item.
- Ensure that procedural guidelines are
followed and that an atmosphere of mutual
respect is maintained.
- Provide opportunities for open exchange
of information, concerns, and viewpoints.
- Encourage members to communicate their
knowledge, ideas, and views.
- The chair shall encourage members to understand
the various interests and positions expressed,
so that they can forge common ground and achieve
consensus.
- The chair shall ensure that all decisions,
recommendations, and points of agreement and
consensus are clearly articulated so that they
can be understood by all members.
- As required under FACA, the chair shall forward
the subcommittee's recommendations and action
items to the DFO.*
- The chair shall select the chair for each work
group.
- The chair shall generally serve as a liaison
between any work groups and DFO, including notifying
the DFO of the dates, times, and locations of
work group meetings and keeping the DFO informed
about work group progress.
- As required under FACA, the chair shall certify
the minutes of each subcommittee meeting.*
Article VII. The Designated Federal Official
- The DFO shall supervise the day-to-day operations
of the subcommittee.*
- The DFO shall provide direction, control, and
assistance to ensure that the subcommittee operates
as required under federal law and in accordance
with good management practices.*
- The DFO shall ensure that the subcommittee
fulfills its mission as described in its charter.*
- The DFO shall call or approve the calling of
subcommittee meetings, as required under FACA.*
- The DFO shall publicly announce the meetings
in the Federal Register and other appropriate
venues.*
- The DFO shall approve the agenda for each meeting,
as required by FACA.*
- The DFO shall attend each subcommittee meeting.*
The DFO shall ensure that a full-time employee
of the Department of Health and Human Services
attends each work group meeting.
- The DFO shall make all subcommittee meetings
open to the public and provide opportunities
for public participation.*
- The DFO shall ensure preparation of materials
by ATSDR and CDC for consideration by the subcommittee.
- The DFO shall provide each subcommittee member
with copies of all written statements submitted
by interested individuals.*
- The DFO shall maintain all committee records
required by statute and dispose of committee
records according to statutes.*
- The DFO shall ensure orientation of new members
and provide annual ethics training.*
- The DFO shall take appropriate action to resolve
any conflict-of-interest issues for subcommittee
members.*
- The DFO shall prepare reports on special government
employees, including the annual ethics report.*
- The DFO shall adjourn any meeting when adjournment
is in the public interest.*
Article VIII. Administration
The administrative functions of the subcommittee
are provided by the DFO and ATSDR and CDC staff.*
This includes approval of agendas, creation and
retention of minutes, and other functions normally
required by a FACA subcommittee including those
of secretary.*
Article IX. Work Groups
- The subcommittee may establish work groups
for a specific purpose (such as the in-depth
exploration of issues or the development of strawman
recommendations or other products for deliberation
by the subcommittee). Work groups shall not be
used to avoid compliance with the procedural
requirements of FACA; therefore, work groups
shall be utilized to research and provide input
on specific issues on a short-term basis.*
- The subcommittee shall develop a statement
of work or purpose and goals statement for each
work group. Once the work group has fulfilled
its purpose, the subcommittee shall determine
whether to continue or disband the group.
- Recommendations from work groups shall be made
to the subcommittee (not to ATSDR or CDC).* All
recommendations by a work group shall be fully
deliberated by the subcommittee in open session.*
Final recommendations and advice to ATSDR and
CDC shall come from the subcommittee and not
from the work groups.*
- The work groups shall include the Guidelines
and Procedures Work Group, the Agenda Work Group,
and the Communications and Outreach Work Group.
- The chair shall appoint all work group chairs,
and the chair shall be an ex officio member of
all work groups.
- The Agenda Work Group, in cooperation with
the chair and the DFO, shall establish and update
the Program of Work (i.e., the long-term plan
of the subcommittee), and shall assist the chair
in establishing meeting agendas. The final agenda
shall be subject to the approval of the DFO.
- Work Group meetings shall be held, at the discretion
of the work group chair and membership, or at
the instruction of the subcommittee or subcommittee
chair. The work group chair shall notify the
subcommittee chair in advance about the date,
time, and location for work group meetings.
- Work groups should strive to provide advance
notice of work group meetings to the public whenever
possible.
- All work group meetings shall be open to the
public, and the public shall be permitted free
participation as members of the work group.
- Work group meetings may be held by teleconference.
- A quorum at work group meetings shall consist
of two subcommittee members present in person.
- The DFO or a full-time employee of the Department
of Health and Human Services must be present
at all work group meetings either in person or
by conference call.
- During work group meetings, all participants
shall adhere to all rules of conduct and decorum
that govern participants in subcommittee meetings
as laid out in these by-laws.
- Subcommittee members who are absent in person
or by conference phone from three consecutive
Work Group meetings and do not provide advance
notification of their absence to the Work Group
Chair, shall have their names removed from the
roster of the Work Group. The member may be reinstated
after providing notification to the Work Group
Chair, prior to the next Work Group meeting,
of their intention to rejoin the Work Group.
Article X. Subcommittee Meetings
- All subcommittee business shall take place
at meetings or conference calls (i.e., not by
e-mail).* All subcommittee meetings and conference
calls shall be open to the public as observers.*
They shall be invited and shall have opportunity
to participate at appropriate public comment
periods.*
- All meetings shall be held under Robert's Rules
of Order Newly Revised unless otherwise provided
for in these by-laws.
- Members who wish to speak during discussions
shall signal the chair by tipping their placard
up, and shall only speak when recognized by the
chair. The chair will call on members in the
order in which the placards were raised, with
preference for members who have not yet spoken
on the topic. When called on by the chair, subcommittee
members may not yield their time to an observer.
- Subcommittee members shall maintain an atmosphere
of civility and respect at all times and shall
refrain from personal attack.
- The organization shall seek positions that
are acceptable to as large a majority of the
members as possible, and the expression of minority
opinion shall be permitted in all work group
and subcommittee reports.
- All major recommendations to ATSDR require
a 2/3 vote of the members voting at the meeting.
- Process for Adopting Formal Health-related
Recommendations
This section specifies the method for reaching
a consensus on a major formal health-related
recommendation to be forwarded to ATSDR and CDC.
Consensus is defined as the maximum possible
support for a position but not less than 2/3
of the members voting.
- Step 1: Initiate Recommendation. A formal
recommendation may be proposed by an individual
member or a work group. The recommendations
with supporting documents shall be distributed
to the subcommittee in writing at least
14 days before the scheduled meeting. The
agenda work group should be requested to
assign an agenda position for discussion.
- Step 2: Ensure Clarification. The chair
ensures that the subcommittee members are
informed as to the history and intent of
the recommendation and have opportunity
to ask clarifying questions of the proposer.
In preparation for discussion and amendment,
the motion may be displayed via computer
on a screen visible to the subcommittee.
- Step 3: Discuss Recommendation. The chair
opens the floor for discussion, restating
the recommendation by reference to the
hard copy, or screen copy or a reading
by the secretary, as appropriate. After
informal general discussion of the recommendation,
the screen copy may be amended by specific
word changes approved by general consent
or straw votes at the chair's discretion.
This amending shall be done sequentially
in so far as possible. If at any time it
is deemed necessary, the recommendation
and its amendments may be referred to a
work group for further development including
instructions by the subcommittee.
- Step 4: Consideration of Amended Recommendation.
At the discretion of the chair or approved
motion of the committee, a straw vote may
be taken to determine the support for the
recommendation. If appropriate the recommendation
may be divided into parts in order to reach
a consensus on major portions. Minor portions
may be subject to further development.
- Step 5: Formal Approval of Recommendation:
The formal approval of a major health-related
recommendation shall require a 2/3 affirmative
vote of the members voting at a scheduled
meeting whose agenda includes the recommendation
as a business item. The approved recommendation
with the voting tally and any supporting
documents shall be sent by the subcommittee
chair to the DFO to be forwarded to ATSDR
and CDC.
- Step 6: Minority Opinion: One or more
formal minority opinions shall be permitted
on all recommendations and shall attached
to the majority opinion. They shall be
prepared by their supporters on a reasonable
time schedule and the authorship of each
separate opinion shall be indicated.
The above is intended to meet the majority of
the requirements processing major recommendations
but should not be construed to prevent other useful
motions needed to advance the recommendations.
Examples are: "To extend limits of debate" or "Postpone
to a definite time".
- The DFO must be present at all subcommittee
meetings.*
- A quorum at subcommittee meetings shall consist
of one half of the total voting members of the
subcommittee plus one (i.e., twelve voting members
when the total membership is 21).*
- If a subcommittee member cannot attend a meeting
or can only participate for a portion of a meeting,
he or she shall notify the chair in advance about
the absence and shall review the minutes of the
missed meeting prior to the next meeting.
- The subcommittee shall meet at a time and place
determined by the DFO in consultation with the
chair and the subcommittee.* A 15-day notice
of meetings (including conference calls) shall
be given in the Federal Register and in other
venues such as local newspapers.* If the Federal
Register notice is not published 15 days before
the meeting, the subcommittee meeting shall be
postponed until adequate notice can be given,
as required under FACA.* Subcommittee members
shall be notified of work group meetings. Public
notice in local newspapers shall be given where
practicable.
- The order of business for each subcommittee
meeting shall be determined by the Agenda Work
Group. The order of business must be approved
by the Designated Federal Official.* The following
order of business is suggested; however, it may
be modified, as appropriate, for any particular
meeting if an alternative order would help the
subcommittee work more efficiently and better
meet the goals of the meeting. In addition, the
order of business must include specific times
set aside for presentations and public comment
(two per day):
Registration
Call to Order
Introductions
Opening Remarks
Agenda Review, Correspondence and Announcements
Approval of Minutes of Prior Meetings
Status of Action Items
Report of the Chair
Presentations (Interspersed as needed)
Public Comments (Two per day, interspersed)
Reports of Work Groups
Unfinished Business
New Business
Scheduled Items
Other Items
Identification of Action Item Assignments
Adjournment
- Observers may comment during the public comment
portions of subcommittee meetings. Observers
shall present their comments with civility and
respect and shall refrain from personal attacks,
profane or abusive language, or disruptive or
violent behavior. If this by-law is violated,
the chair shall ask the observer to cease the
disruption. If the observer is unable to do so,
the chair may ask the observer to leave the room
or may call a recess. The DFO may adjourn the
meeting if adjournment is deemed to be in the
public interest.*
- ATSDR shall keep detailed minutes of all subcommittee
meetings.* A draft of the minutes shall be circulated
to all members to review for accuracy and completeness.
Subcommittee members shall provide any comments
to ATSDR and these comments shall be incorporated,
as appropriate, to develop the final minutes.
Subcommittee members shall approve the final
minutes at the next subcommittee meeting. The
chair shall then certify the minutes.*
Article XI. Compensation and Employee Status
- Subcommittee members (but not the public) will
be compensated for attendance at subcommittee
meetings.* Subcommittee members shall also be
compensated for their attendance at work group
meetings if they are a member of that work group.*
Subcommittee members shall not be compensated
for time required to prepare for meetings.* Travel
expenses are reimbursable in accordance with
Standard Government Travel Regulations.*
- As special government employees, all subcommittee
members shall comply with the requirements of
the Standards of Ethical Conduct for Employees
of the Executive Branch (5 C.F.R. Part 2635),
Conflict of Interest Statutes (18 U.S.C. 201-208),
the DHHS Standards of Conduct, and regulations
governing confidentiality and procurement integrity.*
Article XII. Amendments
- Any by-laws that derive from FACA requirements,
GSA rules, DHHS guidelines, or the subcommittee's
charter may not be amended. All these by-laws
are flagged with an asterisk. All other by-laws
may be amended by the subcommittee, provided
that the text of the proposed amendments and
of any existing articles thereby affected, has
been mailed to the members at least fifteen (15)
days before the subcommittee meeting.
- Amendments may be proposed either by the Guidelines
and Procedures Work Group or by petition of at
least 20 percent of the members. Amendments must
be presented to the chair at least one week before
the mailing of meeting notices.
- Adoption of a proposed amendment to these by-laws
shall require the affirmative votes of two-thirds
of the members voting.
Appendix A
Adopted March 20, 2001; Revised December 4, 2001
____________________________
Kowetha Davidson, Chair
____________________________
La Freta Dalton, DFO
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