Ticket to Work And Work Incentives Advisory Panel Operating Procedures

Note: These Operating Procedures have been updated from the 2003 Operating Procedures based upon the 2004-2006 Panel Charter and the 2006-2007 Strategic Plan.

Section I: Purpose:

Section 101(f) of the Ticket to Work and Work Incentives Improvement Act of 1999 (referred to herein as the Act), Public Law 106-170, establishes the Ticket to Work and Work Incentives Advisory Panel (the Panel) within the Social Security Administration. The Panel Charter provides a very specific list of duties for the Panel. The Panel developed the following statement to provide a crisp summary of the purpose of the Panel:

The purpose of the Ticket to Work and Work Incentives Panel is to provide insight, advice, and recommendations to the President, Congress, and the Commissioner of the Social Security Administration that will lead to increased employment and greater economic self-sufficiency for people with disabilities

Section II: Authority

Section 101(f) of Public Law 106-170 establishes the Ticket to Work and Work Incentives Advisory Panel within the Social Security Administration. The Panel is governed by the provisions of the Federal Advisory Committee Act (FACA), Public Law 92-463, as amended (5 U. S. Code, Appendix 2), which sets forth standards for the formation and use of advisory committees, and the General Services Administration regulations on FACA at 41 C.F.R. 102-3.5 et seq.

The Panel is to advise the Commissioner on matters specified in section 101(f)(2)(B) of the Ticket to Work and Work Incentives Improvement Act, including certain issues related to the Ticket to Work and Self-Sufficiency Program established under section 101(a) of the Act.

The Panel is also subject to its Charter, initially filed with the Library of Congress on March 21, 2000 and renewed every two years. The current charter covers the years from 2004 through 2006.

Section III: Membership Selection and Appointment

Membership selection and appointment of panel members shall be made in accordance with the provisions of the Act as outlined in its Charter.

Section IV: Roles and Responsibilities

The roles and responsibilities of the Panel members and staff have been identified in the Strategic Plan, and are listed here.

Section V: Meeting Procedures

A. Panel Chairperson:

1. Appoints and evaluates the Executive Director of the Panel in accordance with provisions of the Act, applicable Federal and SSA personnel rules, and FACA, in consultation with the other Panel members.
2. Establishes committees, committee chairs, substitute Panel and committee chairs, and workgroups, and assigns special projects, as needed.
3. Chairs the Executive Committee, and serves on all committees.
4. Calls and presides at all meetings; conducts all meetings in accordance with these operating procedures; and takes such action as necessary for the effective functioning of the Panel. Designates a substitute Panel Chairperson if needed.
5. Sets agendas for meetings. Decides whether to allow oral comments from members of the public.
6. Consults with Panel members and with the Executive Director.
7. Provides direction to the Executive Director.
8. Reviews and approves budgets for submission to the SSA.
9. Ensures alignment of Panel activities with the Strategic Plan.
10. Speaks to internal governmental and outside public and private entities on behalf of the Panel.
11. As appropriate, authorizes individual Panel member(s) or the Executive Director to represent the Panel at a meeting or event or speak on behalf of the Panel to a group or organization.
12. Signs external correspondence.

B. Panel Members:

1. 1. Appointed per the Act and charter, abide by all applicable Federal laws and regulations including the provisions of the Act, FACA, the Panel’s charter, these operating procedures, and the applicable personnel rules, including the provisions of the Federal Standards of Conduct and the Code of Ethics for special government employees.
2. Abide by the Federal Acquisition Regulations and the procedures set forth by the Office of Acquisitions and Grants in the Social Security Administration.
3. Serve on committees; attend and participate in Panel meetings; propose agenda items; make motions; and vote. May serve as committee chairs.
4. Consult with other Panel members, the Executive Director, and assigned staff.
5. Read, review, and study information presented to the Panel to inform deliberations; review draft recommendations; and complete agreed-upon tasks including action items and special projects.
6. Speak as individuals. May speak for the Panel at the direction of the Panel Chairperson.
7. Ensure that beneficiaries’ voice is heard and incorporated, with that of other stakeholders.

C. Committee Chairs:

In addition to their responsibilities as Panel members, committee chairs:

1. May designate a temporary substitute committee chair for an occasional absence.
2. Report at Panel meetings.
3. Make recommendations to the full Panel for Panel decisions.
4. Develop committee action plans in accordance with the Strategic Plan, and accomplish action items associated with those plans.
5. Request staff and other support via the Executive Director.
6. At the direction of the Panel Chairperson, participate in conferences or events that relate to the goals and objectives of the committee, as a representative of the Panel.

D. Committee Members:

In addition to their responsibilities as Panel members, committee members:

1. Participate in the development of committee action plans, and in the accomplishment of those plans.
2. At the direction of the Panel Chairperson, participate in conferences or events that relate to the goals and objectives of the committee, as a representative of the Panel.
3. May report at Panel meetings at the direction of the committee chair.
4. At the direction of the Panel Chairperson, participate in conferences or events that relate to the goals and objectives of the committee, as a representative of the Panel.

E. Executive Director:

1. Hires, manages, and evaluates staff supporting the Panel. Assigns staff to accomplish action items. Arranges for contractual support as required.
2. Plans agendas in accordance with the accomplishment of the Strategic Plan.
3. Reports at Panel meetings.
4. Develops and manages budgets.
5. Ensures compliance with FACA, FAR, SSA grants, personnel, and other rules.
6. Responds to SSA requirements.
7. Supports development of annual reports.
8. Signs external correspondence.
9. Ensures beneficiaries’ voice is heard and incorporated, with that of other stakeholders.

F. Panel Staff:

1. Conduct research and analysis, develop reports, oversee contracts, and support Panel members as assigned by Executive Director.
2. Abide by the Federal Acquisition Regulations and the procedures set forth by the Office of Acquisitions and Grants in the Social Security Administration.
3. Make arrangements for and provide minutes of Panel meetings.
4. Publish notices in Federal Register.
5. Maintain official records of actions and correspondence.
6. Support Panel members as directed/assigned by Executive Director.
7. Ensure beneficiaries’ voice is heard and incorporated, with that of other stakeholders.

G. Designated Federal Official:

1. Designated by SSA FACA official to represent FACA requirements.
2. Oversees meetings and approves minutes in support of FACA compliance.
3. Calls meetings in the absence of Chairperson.
4. Oversees Panel operations for FACA compliance.

Section V: Meeting Procedures

The regularly scheduled meetings of the Advisory Panel shall be in the second month of each Federal fiscal quarter, unless otherwise agreed to by the majority of the Panel. Special meetings will be called by the Chairperson or a majority of Panel members in consultation with the Designated Federal Official (DFO).

All meetings will be held according to the following considerations:

A. Quorum: Eight members of the Panel shall constitute a quorum for transaction of business at any meeting as required by law.

B. Agenda: The agenda forPanel meetings is managed by the Executive Director, on behalf of the Panel. The Panel Chairperson sets the agenda, in consultation with the Executive Committee, Executive Director, and DFO. The primary criteria for adding items to the agenda for Panel meetings are based upon achieving the decisions necessary for the execution of the Strategic Plan. Panel members may recommend agenda items for future Panel meetings by proposing agenda items to the committee chair who will bring them to the Executive Committee. Panel members may elect, via a majority vote at a Panel meeting, to add items to the agenda.

Non-members, including members of the public, may bring matters before the Panel by providing public comment or by submitting a request in person or in writing to the Panel Chairperson or the Executive Director to add the item to the agenda of a future meeting of the Panel. All requests should include the reason the issue, the individual or the group they represent should come before the Panel, outlining the way in which the topic is related to the legislative charge of the Panel.

Each agenda will specify whether public comment will be accepted and, if so, the length of time allotted for such comment. The agenda will be provided to each Panel member and published prior to each meeting.

C. Minutes and Records: The Panel staff, with the support of a contractor and transcription, will prepare the draft minutes for distribution to the Panel members. Minutes will be distributed to each Panel member within 30 days of a meeting for consideration and approval by the Panel at its next meeting. Minutes of public meetings will be available to the public upon request and will be posted on the Panel’s web site subsequent to their approval by the Panel. Minutes of closed meetings will also be available to the public upon request, subject to the withholding of matters about which public disclosure would be harmful to the interests of the Government, industry, or others, and which are exempt from disclosure under the Freedom of Information Act (FOIA). The minutes will include date of the meeting, a record of the persons present (including the names of Panel members, staff, members of the public who provide written or oral presentations, and persons who provide briefings, reports or other requested information), presentation topics, action items, consensus decisions and motions approved by the Panel. The official transcript of each meeting shall be kept on file in the Panel office. All documents, reports or other materials prepared by, or for, the Panel constitute official government records and shall be maintained according to Panel policies, procedures and FACA. The Panel's DFO will be responsible for reviewing the minutes and providing FACA approval of the minutes of each meeting.

D. Open Meetings. Unless otherwise determined in advance, all meetings of the Panel will be open to the public. All materials brought before or presented to the Panel during the conduct of an open meeting, including the minutes of the prior open meeting, will be available in alternative format to the public at the time of the scheduled meeting. All material and handouts distributed by staff, contractors or presenters at public meetings of the Panel will be provided to those in attendance and will be made available in alternative formats, in compliance with the requirements of Section 504 of the Rehabilitation Act of 1973.

Any materials not provided in alternative formats will not be distributed at Panel meetings. Individuals making presentation to the Panel may have their materials converted into alternative formats by the Panel if the materials are provided electronically to the Panel staff no later than two weeks prior to the meeting. Teleconference meetings will be made accessible to hearing impaired individuals by use of the Federal Government Relay Services upon request at least one week in advance of the meeting or by other appropriate methods.

Members of the public may attend any meeting or portion of a meeting that is not closed to the public and may, at the discretion of the Chairperson, offer oral comment at such meetings. The Chairperson may decide in advance to exclude oral public comment during a meeting, in which case the meeting announcement published in the Federal Register will note that oral comment from the public is excluded and will invite written comment. Members of the public may submit written statements to the Panel at any time.

E. Closed Meetings: Meetings of the Panel will be closed only in limited circumstances and in accordance with the FACA and the Sunshine Act. When the DFO has determined in advance that discussions during a Panel meeting will involve matters about which public disclosure would be harmful to the interests of the Government, industry or others, an advance notice of a closed meeting, citing the applicable exemptions of Government in the Sunshine Act, will be published in the Federal Register. The notice may announce the closing of all or just part of the meeting. If, during the course of an open meeting, matters inappropriate for public disclosure arise during discussions, the DFO will order such discussion to cease and will schedule it for closed session. Notices of closed meetings will be published in the Federal Register at least 15 calendar days in advance of the meeting.

F. Absence of the Chairperson: In the event of the absence of the Chairperson at a public meeting, the meeting shall be called to order by the DFO. The Chairperson shall designate a member of the Panel to serve as substitute Chairperson for the duration of the meeting. In the event of such absence from a meeting, the Panel Chairperson may vote at the meeting if the Chairperson provides a written indication to the designated substitute Chairperson of his or her vote on specific matters prior to the vote. If the Chairperson has been unable to designate a member to serve as substitute Chairperson, the Panel shall so appoint by majority vote.

Section VI: Voting

A. Voting Procedures:Any member, including the Chairperson, may make a motion for a vote. A motion for a vote requires a second to bring the issue to a vote. Voting will be conducted by calling the roll and allowing the Panel Member to state yea, nay, or abstention. At the discretion of the Chairperson, a roll call vote may be dispensed with. Each member shall have one vote. Panel members may participate in meetings and vote via teleconference if they are unable to attend meetings in person. The votes of a majority of the Panel present and voting shall be necessary for adoption by the Panel of any action.

B. Absentee Voting:A member of the Panel who is absent from a meeting of the Panel may vote at the meeting if the member provides a written indication to the Chairperson of his or her vote on specific matters prior to the vote

A member who is absent from a meeting may also give consent to, or register dissent from, any action adopted by the Panel at the meeting, for the record, if the member provides notice of consent or dissent with the Chairperson of the Panel within five days of the meeting. This will be noted for the record and will not change the outcome of the vote.

Section VII: Committees

The Panel shall have such standing committees as the Panel members deem appropriate and necessary but shall include at a minimum: the Beneficiary Voice Committee, the Continuous Improvement Committee, the Transformation Committee, and the Executive Committee. The Chairperson of the Panel shall appoint the chair of each committee. As deemed necessary, the Chairperson of the Panel may convene other committees and workgroups as needed to support the Panel’s functions. In the event of the absence of the committee chair, the committee chair shall designate a member of the committee to serve as the chair for the duration of the meeting. If the committee chair has been unable to designate a member to serve as committee chair, the committee shall so appoint by majority vote.

A. Beneficiary Voice Committee:The perspective of the beneficiaries is critical to advising the Commissioner, the President, and the Congress on how to improve employment opportunities and work incentive programs for beneficiaries. The Beneficiary Voice Committee is charged with elevating and incorporating the beneficiary voice perspective, and with achieving the objectives associated with Goal 1 of the Strategic Plan.

B. Continuous Improvement Committee: The Panel is charged with advising the Commissioner, the President, and the Congress on issues related to existing programs supporting beneficiaries and potential beneficiaries of the Act. The Continuous Improvement Committee is charged with improving implementation and marketing of the Act, and with achieving the objectives associated with Goal 2 of the Strategic Plan.

C.Transformation Committee: Beneficiary testimony and Panel analysis have demonstrated that the current need-based disability programs are not optimal and in some cases not very effective in moving people with disabilities towards economic self-sufficiency, due to underlying assumptions made by these programs. The Federal government must transform its approach to assets, income, health care and supports. The Transformation Committee is charged with developing a new model that recognizes the inherent value in employment and asset development for people with disabilities. This model will form the basis for a national employment investment policy to transform approaches to assets, income, health care, and supports for people with disabilities that is person-centered, culturally competent, and respectful of each person’s values and experiences. The Transformation Committee is charged with achieving the objectives of Goal 3 of the Strategic Plan.

D. Executive Committee: The charter of the Executive Committee is to serve as the steering committee for the Panel, coordinate development and execution of the Strategic Plan, develop and update the Panel’s Operating Procedures, contribute to the development of agendas for the Panel’s quarterly and other full Panel meetings, and provide input to the Executive Director on resource issues pertaining to budget and personnel.

Section VIII: Representing the Panel

As a general rule, the Chairperson will speak to internal governmental and outside public and private entities on behalf of the Panel. Individual Panel members and staff are not authorized to speak on behalf of the Panel to outside public or private entities, White House officials, Congressional offices or Congressional staff without the direction of the Panel Chairperson.

Nothing in this section precludes Panel members from speaking to such entities or individuals at public forums as individual members of the Panel. Panel members will clarify when they are presenting their personal views on issues and not formally representing the Panel as a whole.

Section IX: Panel Decisions

Official decisions of the Panel must be made in open meetings of the Panel, in accordance with FACA regulations, except as determined otherwise in accordance with 5 U.S. Code, appendix 2, and other applicable law.

The Executive Director and Panel Chairperson decide whether or not a new Panel decision is needed. Operational issues routinely require decisions that may or may not require a new Panel decision. For example, incoming correspondence requires a decision to be made about what type of action is needed, and the processing of the item proceeds according to its type. The development and review of outgoing communications also depends upon the type of communication, and whether it constitutes an answer based upon established information such as the Panel Charter or prior Panel decisions or requires a new Panel decision.

A. No New Panel Decision Needed: If no new Panel decision is needed, the Panel staff handles the item. The Executive Director and Panel Chairperson may decide to report on the item or action at an upcoming Panel meeting if the item is determined to be significant.

B. New Panel Decision Needed: If a Panel decision is needed, the Panel Chairperson, Executive Director, and, if necessary, the Executive Committee review the item and decide whether additional analysis is needed. The item is placed on a Panel meeting agenda, and is assigned as appropriate to a committee, Panel member, or staff member, who obtains external (e.g., beneficiary) input as necessary and develops a recommendation. The recommendation is reported on, and the Panel then makes its decision, normally in an open meeting in compliance with FACA requirements. Staff executes any resulting staff actions to implement Panel decisions. This responsibility includes maintaining official Panel records.

Section X: Requests for Information or Analysis from Individual Panel Members

Individual Panel members may request specific information or policy analysis from the Executive Director. If the request is related to work the Panel member is doing in conjunction with a committee, in support of the Strategic Plan, the Panel member will discuss the request with the committee chair, and the committee chair will request assistance from the analyst assigned as lead staff for that committee.

If the request appears to pose time management problems for staff and the Executive Director determines that responding would take time away from higher priority work of the Panel staff and committees, the Executive Director will consult with the Panel Chairperson for direction on prioritizing the work of the Panel in accordance with the Strategic Plan.

Nothing in this paragraph precludes Panel members from contacting staff for routine information necessary to carry out their roles as Panel members or to carry out their committee assignments.

Section XI: Amendments to Operating Procedures

These operating procedures may be amended at any meeting of the Panel if approved by at least 8 Members of the Panel, provided that a copy of the operating procedures to be amended and the proposed amendments are provided to the Panel members 30 days in advance of the meeting at which the operating procedures will be voted upon.

Adopted by a vote of the Panel at the meeting May 11, 2006.

 

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