BYLAWS
ARTICLE II ORGANIZATION, LEGAL AUTHORITY, AND DURATION
ARTICLE III VALUES, MISSION, AND PURPOSES
ARTICLE IV MEMBERSHIP
ARTICLE V COUNCIL AUTHORITY AND RESPONSIBILITIES
ARTICLE VI MEETINGS, NOTICE, AND QUORUM
ARTICLE VII OFFICERS
ARTICLE VIII CONFLICT OF INTEREST
ARTICLE XI LIMITATION OF LIABILITY AND INDEMNITY
ARTICLE XIII NON-DISCRIMINATION
ARTICLE I
NAME
Section 1. The name of this organization shall be the New Jersey Statewide Independent Living Council. (Hereinafter referred to as the “Council” or as the “SILC”).
ORGANIZATION, LEGAL AUTHORITY, AND DURATION
Section 1. The Council operates pursuant to Executive Order 106 signed by Governor Florio on October 15, 1993 and Title VII of the Rehabilitation Act Amendments of 1992 (P.L. 102-569). In the event of a conflict between the by-laws and the Governor’s Executive Order or the Rehabilitation Act, the latter documents shall prevail.
Section 2. As specified in the Executive Order, the SILC was established as a separate entity in, but not of, the New Jersey Department of Labor & Workforce Development (LWD).
Section 3. The duration of the Council was provided in Executive Order 106 and is “indefinite”.
VALUES, MISSION, AND PURPOSES
Section 1. Values: Independent living centers and the New Jersey Statewide Independent Living Council were created based upon the belief that all individuals have the right to personal choice, independence, dignity, respect, and equal access to social, cultural, educational, and economic opportunities. The SILC fosters the belief in the full integration of people with disabilities into the mainstream of society.
Section 2. Mission: The mission of the New Jersey Statewide Independent Living Council is to advocate and coordinate cost effective, consumer driven services, which provide persons who have a disability with an equal opportunity to choose their life style, contribute to the economy, and live life in an inclusive environment.
Section 3. The following purposes of the Council as delineated in Section 2 of the Executive Order 106, states the SILC shall:
b. Monitor, review, and evaluate the implementation of the State plan;
c. Coordinate activities with the two State Vocational Rehabilitation Advisory Councils (DVR SRC and CBVI SRC) as established under Title I, Part A, Section 101 (a)(3c) and Section 105 of P.L. 102-569, that address the needs of specific disability populations and issues under other Federal Law;
d. Ensure that all regularly scheduled meetings of the SILC are open to the public and that sufficient advance notice is provided;
e. Submit to the Commissioner of the Rehabilitation Services Administration, U.S. Department of Education such periodic reports as the Commissioner may request, and keep such records, and afford such access to records, as the Commissioner finds necessary to verify such reports; and
f. Carry out all other duties set forth in Title VII, Section 704 of P.L. 102-569.
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ARTICLE IV MEMBERSHIP
Section 1. The membership of the SILC is delineated in Executive Order 106 (1993). Voting members of the SILC are appointed by the Governor and serve until their successors have been appointed.
Section 2. Membership on the Council is not transferable or assignable.
Section 3. In the event that a member has three (3) unexcused absences, a certified, return receipt requested letter will be sent to that member inquiring as to his/her intention to remain actively involved in the SILC. Along with that letter will be attached a pre-typed letter of resignation and an addressed, stamped envelope. If the member intends to resign, the person simply signs and returns the Letter to the Chair. If the person resigns, that information will be shared with the Governor. Should the person not respond to the SILC letter within four (4) weeks, a second communication will be attempted to reach that person. Should this fail, a letter will be sent to the Governor requesting that this person be terminated and replaced by the Governor with an individual recommended by the Council. Should the person request to remain on the SILC but misses subsequent meetings with unexpected absences, a letter will be sent to the Governor requesting that this person be terminated and replaced by the Governor with an individual recommended by the Council.
Section 4. Members may receive compensation for their services as provided for in the Rehabilitation Act and Executive Order 106, and when authorized by majority vote. Members may be reimbursed for travel in accordance with Council policies. Reimbursement may also be given to a council member when it becomes a hardship to serve on the council because of loss of a days pay. No member of the Council shall otherwise benefit from any action of Council.
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COUNCIL AUTHORITY AND RESPONSIBILITIES
SECTION 1. The affairs, business, and policies of the Council shall be under the control of the 17 voting members appointed by the Governor.
Section 2. The SILC shall control the policies and management of its affairs. The voting members may adopt such rules and regulations for the conduct of their meetings and the management of the Council as they deem proper, so long as same does not conflict with New Jersey law. Except as otherwise provided in the by-laws, or by law, the powers of this Council shall be exercised, its property controlled, and its affairs conducted by the voting membership, which may delegate the performance of any duties or the exercise of any powers to such officers and agents, as the SILC may from time to time designate by resolution.
Section 3. The responsibilities of the Council: along with the Division of Vocational Rehabilitation Services and the Commission for the Blind and Visually Impaired, the SILC develops and submits a state plan for Centers for Independent Living (CIL), Independent Living Services, and Independent Living Programs. The SILC establishes statewide Independent Living policies and provides a forum for issues concerning all persons with disabilities. Additionally, the SILC coordinated with other disability groups to address the needs of persons with disabilities in the state. The Council submits periodic reports to the distribution of state funds to the state network of Centers for Independent Living, and advocates for cross-disability independent living needs.
Section 4. Any officer of the Council desiring to resign must submit his or her resignation in writing to the Chairperson of the of the Council who shall present it to the Governor, with a request for a replacement.
Section 5. The officer of the Council (normally the Chair-person) shall not vote on matters that come before the SILC, except in the event of a tie vote among the other voting members present, then the presiding officers vote shall be the controlling vote.
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ARTICLE VI MEETINGS, NOTICE, AND QUORUM
Section 1. All meetings of the full Council, except as otherwise noted, shall be held in accessible facilities and shall be open to the public. The Council may declare a closed executive session to discuss matters related to individual CIL’s, legal issues, or personnel. Formal action on legal issues, etc. shall be made in open meetings.
Section 2. Special meetings of the Council may be called pursuant to a resolution of the Council, at the discretion of the Chairperson, or when requested in writing by at least one-third (1/3) of the trustees. The announcement of a special meeting shall in any case state the purpose or purposes of the proposed meeting. Not less than five (5) days notice of such special meeting shall be given to each trustee. Such notice may be given by mail, telegram, telephone, e-mail, fax or in person.
Section 3. No business, other than as stated below, shall be conducted at any meeting of members of the Council unless a quorum is present. A quorum shall consist of one-third (6) of all members. Under special circumstances, (such as, a discussion must be rendered before the next meeting of the SILC) business may be conducted via a telephone poll of the membership.
Section 4. There shall be an annual meeting of the Council held at the start of each fiscal year. At this meeting, the Council shall elect 2 officers of the Council for the ensuing terms for the coming year.
Section 5. At its annual meeting, the Council shall establish a schedule of regular meetings for the coming year.
Section 6. The rules contained in the current edition of Robert’s Rules of Order newly revised, shall govern the Council in all cases where they are not inconsistent with these by-laws or any special rules of order that the SILC may adopt.
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ARTICLE VII OFFICERS
Section 1. The officers of the Council who shall be elected by the Council shall be a Chairperson, Vice-Chairperson, Secretary and Treasurer, all of whom shall be voting members of the Council. All officers shall hold office for a term of two (2) years or until their successors are elected. The office of Chairperson and Secretary shall be elected on the odd years and Vice-Chairperson and Treasure shall be elected on the even years to insure continuity. No officer shall serve more than 3 consecutive terms in the same office.
Section 2 The Chairperson, or in his or her absence the Vice-Chairperson, shall preside at all meetings of the Council and shall perform the duties of the office, including the appointment of standing and ad hoc committees, formulation of meeting agenda and signing documents relating to the operation of the Council. In addition, the chairperson shall act as a liaison to the DSU’s, Centers for Independent Living and other agencies. The chairperson shall perform such other duties as may be authorized by the Council.
Section 3. The Vice-Chairperson shall take over the duties of the Chairperson in the absence of the Chairperson and perform any other duties as authorized by the Chair.
Section 4. The Treasurer, who acts as the fiduciary agent for the SILC shall be of an agency or have access to an agency that has a 501 (c)(3) Not-For-Profit status that will assume this responsibility. The Treasurer shall have oversight of all funds of the organization and shall oversee the keeping of full and accurate records of receipts and disbursements in books belonging to the Council. The Treasurer shall oversee the deposit of all monies. The Treasurer shall oversee the disbursement of the funds of the organization as may be ordered by the Council, seeing that proper vouchers for such disbursements are made and shall render a quarterly and end of year report of all transactions and the financial condition of the organization.
Section 4a. The fiduciary agent shall follow the accounting policies of the 501 (c)(3) agency in regards to fulfilling the duties required by the SILC. The fiduciary agent shall oversee the implementation of an annual audit.
Section 5. The Secretary or his/her designee shall keep the minutes of the meetings of the Council, in permanent files, see that notices are duly given in accordance with these by-laws of as required by law and keep a membership book containing the names and addresses of all members of the Council.
Section 6. The Treasurer and/or Chairperson are authorized to sign financial documents, contacts and proposals on behalf of the Council.
ARTICLE VIII
CONFLICT OF INTEREST
Section 1. All voting and non-voting members and agents of Council have an affirmative duty to inform the Council in writing of any actual or potential conflicts of interest in respect of their personal interests and those of Council. A conflict of interest is defined as any matter of Council business which shall or might result in that member or agent receiving a direct or indirect personal benefit, be it financial or otherwise, or that might be perceived as a conflict of interest as described by the U.S. Department of Education.
COMMITTEES
Section 1. The chairperson shall from time to time appoint committees. Committee members shall serve such terms as required to fulfill its task. Non-SILC members may be appointed to committees from time to time but, only a SILC member shall always be the chairperson of any committee. All acts of such committees shall be subject to the approval of the Council.
ARTICLE X
The fiscal year of the Council shall be the same as for Federal agencies, which is October 1 through September 30.
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ARTICLE XI
LIMITATION OF LIABILITY AND INDEMNITY
Section 1. No person shall be liable to the Council for any loss or damage suffered by it on account of any action taken or omitted to be taken by him or her as a member, officer, or agent of Council, if such person, in the reasonable opinion of the majority of the members of the Council, at a meeting called for such purpose, discharged his or her duties in good faith and with that degree of diligence, care and skill which an ordinarily prudent person would exercise under similar circumstances in like positions.
Section 2. Each officer and member of the Council, whether or not then in office, shall be held harmless and indemnified by the Council, to the fullest extent permitted by New Jersey law, against all claims and liabilities and all expenses reasonably incurred or imposed upon him or her in connection with or the settlement or compromise thereof, to which he or she may be made party by reason of any action, suit or proceeding, civil or criminal, or the settlement or compromise thereof, to which he or she may be made party by reason of any action taken or omitted by him or her as a member of the Council, provided that such person, in the reasonable opinion of a majority of the Council, at a meeting called for such purpose, discharged his or her duties in good faith and with that degree of diligence, care and skill which an ordinarily prudent person would exercise under similar circumstances in like positions. The foregoing shall not be exclusive of other rights and defenses to which such person may be entitled under New Jersey law.
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Council shall keep correct and complete books and records of all business, including minutes of all regular and special meetings.
NON-DISCRIMINATION
It is the policy of the Council to represent all New Jersey residents with disabilities without discrimination. Persons shall be represented by the Council without respect to age, gender, national origin, race, religion, sexual orientation or nature of disability.
AMENDMENTS
Section 1. The By-laws of the council may be altered, amended or replaced by a two-thirds (2/3) vote of the council membership. By-laws changes must be given a first and second reading, with allowance for discussion, at two (2) separate regular or special meetings prior to the vote on their adoption.
Section 2. Any amendments, alterations, changes, additions or deletions from these By-laws shall be consistent with the laws of New Jersey and the Rehabilitation Act.