Oregon State Rehabilitation Council Bylaws

November 2000 Version, Revised

Section I

Purpose

The State Rehabilitation Council (hereafter called Council), provides guidance at the systemic and policy level that assures that Oregon Vocational Rehabilitation Division (hereafter called Division), assists Oregonians with disabilities, achieve meaningful employment and independence.

The Council provides the Division with an external, consumer-oriented perspective. The Council advises the Division on the vocational programs, policies, services and other issues that affect Oregonians with disabilities.

The Council provides consumers, business representatives, service providers and other citizens with a formal mechanism to influence the direction rehabilitation services in Oregon.

Section II

Functions of the Council - The Council shall:

1. Review, analyze and advise the Division regarding the performance of the responsibilities of the Division, particularly responsibilities relating to:
   
   1. Eligibility (including Order of Selection);
      
   2. The extent, scope and effectiveness of services provided; and
      
   3. Functions performed by State agencies that affect or potentially affect the ability of individuals with disabilities in achieving rehabilitation goals and objectives, including due process hearing decisions.
      
2. In partnership with the Division-
   
   1. Develop, agree upon, and review State plan, goals and priorities.
      
   2. Evaluate the effectiveness of the Division’s program and submit reports of progress to the Rehabilitation Services Administration Commissioner.
      
3. Advise the Department of Human Resources and the Division regarding activities authorized to be carried out under Title I of the Rehabilitation Act. The Council will assist in the preparation of the State plan and amendments to the plan, applications, reports, needs assessments, and evaluations required by Title I of the Rehabilitation Act.
   
4. To the extent feasible, conduct a review and analysis of the effectiveness of and consumer satisfaction with:
   
   1. The functions performed by the Division;
      
   2. Vocational rehabilitation services provided by State agencies and other public and private entities responsible for providing vocational rehabilitation services to individuals with disabilities; and
      
   3. Employment outcomes achieved by eligible individuals receiving services under Title I of the Rehabilitation Act, including the availability of health and other employment benefits in connection with such employment outcomes.
      
5. Prepare and submit an annual report to the Governor and the Rehabilitation Services Administration Commissioner on the status of vocational rehabilitation programs within the State and make this report available to the public.
   
6. Coordinate with other Councils within the State, including the Statewide Independent Living Council, the advisory council established by the Individuals with Disabilities Education Act, the State Developmental Disabilities Council, the State Mental Health Planning Council of the Public Health Service Act and the State workforce investment board.
   
7. Provide for coordination and the establishment of working relationships between the Division and the State Independent Living Council and Centers for Independent Living within the State.
   
8. Work jointly with the Division to designate a pool of qualified individuals to serve as hearings officers who assist in the resolution of disputes between the Division and an individual with a disability. Council members assisting in this process will reflect the diverse makeup of the group and must include current or former applicants of Division services.
   
9. Perform such other functions, consistent with the purpose of the Act, as the State Rehabilitation Council determines to be appropriate, that are comparable to other functions performed by the Council.

Section III

Authority

The Rehabilitation Act of 1973 as amended by the Rehabilitation Act Amendments of 1998 and Oregon Revised Statute (ORS 344.735) mandate that there shall be a State Rehabilitation Council which shall perform in a manner consistent with its official purpose as defined by law. These state and federal regulations vest appointment and disagreement resolution authority with the Governor.

Section IV

Composition of the Council 

1. The Council shall be composed of:

1. At least one representative of the State Independent Living Council (SILC) who may be the chairperson or other designee of the SILC;
   
2. At least one representative of a parent training and information center;
   
3. At least one representative of the client assistance program;
   
4. At least one vocational rehabilitation counselor, with knowledge of and experience with vocational rehabilitation programs who, if an employee of the Division, shall serve as an ex officio, nonvoting member of the Council;
   
5. At least one representative of community rehabilitation program service providers;
   
6. Four representatives of business, industry and labor;
   
7. Representatives of disability advocacy groups representing a cross section of
   1. Individuals with physical, cognitive, sensory and mental disabilities; and
      
   2. Representatives of individuals with disabilities who have difficulty in representing themselves or are unable due to their disabilities to represent themselves; by personal designation of an individual with a disability;
      
8. Current or former applicants for, or recipients of, vocational rehabilitation services.
   
9. At least one representative of the directors of Section 121 projects, Native American Rehabilitation Programs.
   
10. At least one representative of the State educational agency responsible for the public education of students with disabilities who are eligible to receive services from the Division and who are eligible under Part B of the Individuals with Disabilities Education Act.
    
11. At least one representative of the State Workforce Investment Board.

2. Ex officio Member: The Administrator of the Division shall be an ex officio, nonvoting member of the Council.
   
3. Qualifications - A majority of Council members shall be persons who are:
   
   1. Individuals with disabilities; and
      
   2. Not employed by the Division.

Section V

Council Appointment, Termination and Leadership 

1. Appointment

Members of the Council shall be appointed by the Governor. The Governor shall select members after soliciting recommendations from representatives of organizations representing a broad range of individuals with disabilities and organization interested in individuals with disabilities. In selecting members, the Governor shall consider, to the greatest extent practicable, the extent to which minority populations are represented on the Council.

1. The Council shall recommend candidates to the Governor.
   
2. The Governor shall appoint, replace, or reappoint members to terms as defined in these bylaws.
   
3. The Governor has sole authority to make membership appointments.
   
4. The Council shall strongly consider the need for diversity of its membership including geographical, cultural, and disability representation when forwarding recommendations to the Governor.

2. Application for Consideration of Appointment
   
   1. Completed application forms are documents of public record subject to applicable policies of confidentiality and shall be kept in the Office of the Administrator.
      
   2. The Council Coordinator (staff) shall have responsibility for maintaining membership applications in a confidential manner.
      
   3. Application forms shall be available from the Council Coordinator and/or the Office of the Governor.
      
   4. Applications shall be submitted to the Office of the Governor. All applications shall be reviewed by a committee of the Council with recommendations submitted to the full Council for review and consideration.
      
   5. Applications may be accepted or withdrawn at any time.
      
   6. Applications for membership shall be considered by the Council when pertinent, but not less than annually. Recommendations shall be forwarded to the Administrator and the Governor.
      
3. Terms of Appointment
   
   1. Length of Term - A term is three (3) years in length.
      
   2. Number of terms - No member of the Council may serve more than two consecutive full terms and must be re-appointed to a second term.
      
   3. Council members appointed to fill a vacancy of a partial completed term may fill the remainder of that term and two additional full terms.
      
   4. Termination at the completion of a member’s term shall be automatic and shall not require a formal written resignation.

4. Resignations and Terminations of Membership

The Council shall request that the Governor terminate the membership of any Council member who fails to attend: two (2) quarterly meetings in one appointment year (12/01 - 11/30); failed to attend three standing committee meetings in one appointment year; or has moved out of state.

The Council may waive this requirement in the event of catastrophic injury or illness. A two-thirds majority vote of the Council will be required for recommendation to the Governor for member removal.

5. Election and Terms of Chair and Vice Chair:
   
   1. The Council has two elected officers, they are Chair and Vice Chair. The Chair and Vice Chair must be selected from the Council’s membership at large and cannot be an employee of the Division.
      
   2. Chair and Vice Chair will be selected by a vote of the full Council at the August meeting. Terms will begin November 1.
      
   3. The term of office for the Chair is one year. A council member may serve three consecutive terms as Chair.
      
      1. The Chair presides at all quarterly meetings of the Council.
         
      2. The Chair has the power to call special meetings of the Council.
         
      3. The Chair is responsible for coordination of activities, and communication with the Division and Council.
         
   4. The term of office for Vice Chair is one year. The Council member may serve three consecutive terms as Vice Chair.
      
      1. The Vice Chair will preside over meetings of the Council in the absence of the Chair.
         
   5. If the Chair cannot complete his/her term of office, the Vice Chair will complete the remainder of the Chair’s term.
      
   6. If the Vice Chair cannot complete his/her term of office, the Chair will select an Ad Hoc Membership Committee to conduct an election for a new Vice Chair.
      

Section VI

Procedures 

1. Meetings
   
   1. Frequency - The Council will convene at least four meetings per year in such places as it determines necessary for the efficient conduct of the Council business. It may also conduct forums or hearings as it determines necessary to carry out its duties.
      
   2. The Council will meet at the call of the Chair or, in the absence of the Chair, at the call of the Vice Chair.
      
   3. All meetings will be publicly announced, accessible to all and open to the public.
      
   4. The Council will provide for reasonable accommodations requested by its members and will meet only in facilities that are fully accessible.
      
   5. All official records of the Council and committee meetings are subject to state policies regarding public records.
      
2. Quorum
   
   1. The presence of at least 50% of the voting members shall constitute a quorum.
      
   2. A quorum shall be required for any official action or vote of the Council.
      
   3. When a voting member is unable to attend a Council meeting, they may give their proxy to another Council member. A proxy must be documented in writing and will be identified at the beginning of any Council meeting.
      
3. Voting
   
   1. All appointed members of the Council, except ex officio members, having voting privileges.
      
   2. Only members present at a scheduled Council meeting may vote. Members present may vote for those absent with a proxy as described in Section VI B or the Policy Manual.
      
   3. The Council may, by prior agreement, vote by surface or e-mail when information regarding the issue to be voted has been distributed in advance. To be valid, total votes received by mail must represent at least 50% of the voting memberships.
      
   4. Conflict of Interest - No member of the Council shall cast a vote on any matter that would provide direct financial benefit to, or otherwise create an actual conflict of interest for the member under State law.[ORS244 (Members may refer to the Oregon Government Standards and Practices Laws Guide for more detailed information on conflict of interest issues.)]
      
4. Committees
   
   1. Standing Committees
      
      1. The Standing Committees of the Council shall be: Executive/Diversity, Evaluation, Business, Planning, Policy and Legislative.
         
      2. Each committee shall be comprised of Council members and may also include (except for the Executive Committee) non-members with special interests or expertise.
         
      3. During regularly scheduled meetings, the Chairs of committees shall report to the Council regarding committee activities.
         
   2. Executive Committee
      
      1. Executive Committee membership shall include the chair, vice-chair, and five at-large members who are elected by the whole Council and who may or may not serve as committee chairs.
         
      2. Executive Committee members will demonstrate a grasp of issues prior to election and will commit to at least a monthly conference call.
         
      3. Executive Committee membership election confers decision-making authority between Council meetings and the results of such decisions are reported at the next Council quarterly meeting.
         
      4. The Council Coordinator shall be a non-voting member of the Executive Committee.
         
   3. Other Committees

1. 1. The Council may establish, define and disband such other committees, ad-hoc committees or work groups as may be necessary and appropriate to conduct business. No such group may exist for more than twelve calendar months without a formal vote to establish the necessity of its continued existence and consider the appropriateness of standing committee status.
      

2. Compensation and Expenses
   
   1. The Council may reimburse members of the Council for reasonable and necessary expenses of attending Council meetings and performing Council duties (including child care, personal assistance services and other necessary reasonable accommodations), and to pay compensation to a member of the Council, if such member must forfeit wages from other employment, for each day the member is engaged in performing the duties of the Council.
      
   2. Council members are not eligible to contract with the Council.
      

Section VII

Council Duties and Responsibilities 

1. Duties and Responsibilities of the Council Chair/Vice-Chair.
   
   1. The Council Chair shall preside over meetings of the Council. In the absence of the Chair, the Vice-Chair shall preside.
      
   2. The Chair shall appoint the Chairs of committees.
      
   3. The Chair has the power to call special meetings of the Council.
      
   4. The Chair shall interpret proceedings and rule on matters of protocol.
      
   5. The Chair shall represent the Council at official functions and act as spokesperson on behalf of the Council, or he/she shall delegate responsibility.
      
   6. The Chair with the assistance of the Council Coordinator shall prepare and distribute meeting agenda, approve and distribute minutes, recommendations, resolutions and other actions of the Council.
      
   7. The Chair may delegate the responsibility for the maintenance of all records and forms to the Council Coordinator.
      
   8. The Chair is responsible for coordination of activities, and communication with the Division Council.
      
   9. The Chair is responsible to ensure the preparation of the Council’s annual report.
      
2. Duties and Responsibilities of the Vice Chair.
   
   1. The Council Vice Chair will preside over meetings of the Council in the absence of the Chair.
      
   2. The Vice Chair will assume the role of the Chair should the Chair be unable to complete their term of office.
      
3. Duties and Responsibilities of Council Members.
   
   1. To help form and carry out the objectives and activities of the Division.
      
   2. To actively participate on at least one standing committee.
      
   3. To observe rules of confidentiality as required of all Division personnel.
      
   4. To provide individual knowledge or expertise which enhance committee roles and/or responsibilities.
      
   5. To represent a geographical area, individuals with disabilities, community partners, and/or businesses.
      
   6. To act as a representative spokesperson between various communities and the Division.
      
   7. Council members must, during their term(s) of office, agree to avoid any activity or appearance that could be interpreted or construed as an actual or potential conflict of interest.
      
      1. Definition: Conflict of Interest
         
         1. Actual Conflict of Interest occurs when the action is reasonably certain to result in a financial benefit or detriment. It will occur when an action is taken that directly and specifically affects land, a business, or any other financial interest of the Council member or Council member’s relative.
            
         2. Potential Conflict of Interest exists when a Council member takes action that reasonably could be expected to have a financial impact on that Council member, a relative or a business with which the Council member or Council member’s relative is associated.
            
      2. Procedures
         
         1. A Council member must publicly declare a potential or actual conflict of interest prior to discussion, recommendation, vote or other official action on an issue. He/she shall also explain the nature of the conflict. The declaration and the nature of the conflict must be noted in the minutes.
            
         2. With a potential conflict of interest, a Council member may participate in the action, once the announcement is made.
            
         3. In the case of an actual conflict of interest, the Council member must a) declare the actual conflict and announce its nature; and b) refrain from taking any official action on the issue.
            
         4. At each session or meeting at which the issue is addressed, the Council member must make the same public declaration. However the Council member is required to make that announcement only once at each meeting, even if the issue involves a series of votes.
            
4. Duties and Responsibilities of the Division Administrator:
   
   1. The Administrator shall bring matters of general policy and programs to the attention of the Council for study and recommendation.
      
   2. The Administrator shall provide clerical and administrative support necessary to conduct the business of the Council.
      
   3. The Administrator shall provide an annual report to the Council regarding the Division’s implementation of recommendations of Council.
      
   4. The Administrator will include Council recommendations or resolutions into Division’s decision-making process.
      
5. Responsibilities of the Division:
   
   1. To provide staff support for all Council and committee activities.
      
   2. To reimburse allowable expenses for Council members whose expenditures are not covered by other organizations or agencies.
      
   3. To extend Worker’s Compensation at the rate prescribed for the classification “volunteer worker,� to Council members for the hours they attend meetings or while involved in other official Council duties.
      
   4. To provide Council members with orientation about their official duties and responsibilities.
      
   5. To provide financial support that may be required to perform official Council activities and according to established fiscal policies of the Division.
      

Section VIII

Lobbying

Council members may represent, as authorized, themselves as lobbyists of Vocational Rehabilitation or its policies for up to 24 hours per quarter (exclusive of travel time) attempting to influence any legislative process.

Providing information to public officials does not constitute lobbying. (“Public Officials� includes State Rehabilitation Council members).