Indiana SILC: ICOIL the Passing of the Bylaws

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The Following is the Committee Report Read Quickly at the June 14th meeting by the Bylaw Committee Chair - Teresa Mager. No discussion was really allowed on these points, as Roberts Rules which is supposed to be used to protect the minority vote, was instead used in properly to push the bylaws through. A vote was taken before all committee members even had an opportunity to understand what was going on, or what was being voted on.

Download Officially approved minutes and see for yourself what happened, or check out ICOIL Audio of the June 14, 2006 passing of the bylaws

JUNE 14, 2006 Bylaw Committee Report - Teresa Mager chair

The Bylaws Committee, which includes Darlena Gentry, Ramona Harvey, Melissa Madill, Richard Simers, Joanna Witulski and myself, appreciate the council members' comments and support of our efforts in preparing a draft of proposed bylaws for the council's consideration. The draft sent to council members on June 9th reflects discussion and recommendations made at the May 10th ICOIL meeting.

Committee members have received several comments, suggestions and questions concerning the process utilized in the preparation and review of bylaws and I encourage the other members of the bylaws committee to participate in addressing these items as they are read. I ask that council discussion be held until the committee's report is given.

Comments, suggestions and questions received include the following:

1. ARTICLE I, SECTION 1. Consider changing the name of the council.

2. ARTICLE II, SECTION 1. Change "statewide Center on Independent Living (CIL) network in Indiana" to read "statewide network of Centers for Independent Living". Consider adding the requirements of federal law regarding compliance with standards and indicators.

3. ARTICLE III, SECTION 1, ITEM 2. EDGAR requirements and NCIL adopted SILC standards about conflict of interest should be followed.

4. ARTICLE III, SECTION 1, ITEM 6. The requirement is to review the state plan annually and to develop and submit a state plan every three years.

5. ARTICLE IV, SECTIONS 1 and 2. Include the word 'ex-officio" after "non voting" when identifying non voting members. Does Item (1) create a conflict with federal law? and, does it conflict with SECTION 3, Item (3)?

6. ARTICLE IV, SECTION 3. This section should reflect that an individual can be both a state employee and a full voting member of the council. If they are not representing the state and being paid by the state while participating on the council as ex-officio representatives of any particular agency, then we cannot discriminate against any individuals with disabilities or persons who meet other allowed categories.

7. ARTICLE IV, SECTION 4. Ten comments were made that termination should be for cause. One comment was made questioning its reference.

8. ARTICLE V, SECTION 1. Request for disability related accommodations at least 48 hours in advance is not feasible. Consider policy of always providing ASL interpreters for regular council meetings.

9. ARTICLE V, SECTION 2. Include specific reference to attending and voting via phone or web cast. Bylaws should stipulate what constitutes a special meeting and differentiate between special and emergency meetings.

10. ARTICLE V, SECTION 5. Delete last sentence which reads: Notice of the time and place of holding a rescheduled meeting need not be given to absent Council members if the time and place is fixed at the meeting recessed/adjourned.

11. ARTICLE V, SECTION 8. Should minutes be maintained?

12. ARTICLE V, SECTION 9. Council should follow ground rules adopted in 1996 and consider revision. All members should participate in training on parliamentary procedures to be followed.

13. ARTICLE V, SECTION 10. Alternative materials need to be available at meetings, not upon request.

14. ARTICLE V, SECTION 11. Include religion.

15. ARTICLE V, SECTION 12. Conflict of interest clause conflicts with EDGAR.

16. ARTICLE VI, SECTION 2. Why are CIL directors, staff or board members excluded from serving as chair or vice chair. Shouldn't the offices of secretary and treasurer be included? Does this pertain to family members?

17. ARTICLE VI, SECTION 7. Change duties of Chair to allow him/her to assign someone to represent the SILC.

18. ARTICLE VI, SECTION 9. Change duties of Secretary to include maintaining a membership ledger which would reflect the disability status of each member.

19. ARTICLE VI, SECTION 10. Change duties of Treasurer to include acting as Chair of the Finance Committee.

20. ARTICLE VI, SECTION 11. An ex-officio member should not serve as temporary chair.

21. ARTICLE VII, SECTION 6 . Item (1). Should the Executive Committee be responsible for recruiting and nominating new members.

22. ARTICLE VII, SECTION 6, Item (2). Should this committee be called a Budget Committee instead of Finance Committee?

23. ARTICLE VII, SECTION 6, Item (3). What does the marketing/outreach committee do?

24. ARTICLE VIII, SECTION 1. Include "as funding permits" in first sentence in regards to employing an Executive Director.

25. ARTICLE IX. SECTION 1. Notice is sent to the Secretary of State's office only if the SILC is incorporated.

26. ARTICLE X, SECTION 1. Why can't we attempt to influence legislation as long as it is done in a non-partisan way.

27. ARTICLE X, SECTION 3. Several people have raised the question of whether or not council members are covered by the State's professional liability insurance. We are awaiting a response from the Attorney General's office.

After discussion and agreement on any amendments to be made to the draft which was sent to council members on June 9th, the bylaws committee recommends that the council consider approving adoption of said bylaws.

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