Area 12 Family Care Council

Agency for Persons With Disabilities

Area 12 FAMILY CARE COUNCIL

BYLAWS (AMENDED 9/11/07)

_______________________________________________________________________

ARTICLE I: Name

The name of this organization shall be the Agency for Persons with Disabilities, Area 12 Family Care Council (“Council”).

ARTICLE II: Purpose

The Family Care Council will fulfill the intent of the State Legislature as prescribed in Section 393.502, Florida Statutes. Specifically, it will:

1. Advise the Agency for Persons with Disabilities (hereafter known as the Department or APD) and its advisory boards by submitting a plan including recommendations for the delivery of developmental services family support with in the district. The plan shall include objective consideration of the needs, concerns and available resources for delivery of family support developmental service; and identification of unmet needs and gaps in supports and services by recommending appropriate improvements for the delivery of family support. The Council shall report its findings to the Department when monitoring the effectiveness of supports and services provided under the above plan.

2. Monitor the implementation and effectiveness of services and supports provided under the plan.

3. Make recommendations to the Department with respect to:

(a) Ways to maximize the use of private and volunteer resources and other services in meeting the needs of families;

(b) The adequacy of family supports and services provided and making recommendations regarding unmet needs and future improvements for the delivery of family supports within the district; and

4. Assist in providing information and outreach to families.

5. Work cooperatively with District 12 Florida Local Advocacy Council (FLAC) regarding issues and concerns to the rights of individuals with disabilities and their families.

6. Advise the department with respect to policy issues relevant to the community and family support systems in the district.

7. Meet and share information with other district family care councils.

ARTICLE III: Membership

1. The APD Area 12 Family Care Council shall consist of 10 - 15 persons recommended by the Council and appointed by the Governor. At least three (3) of the members of the council must be consumers who are family members or legal guardians of persons with developmental disabilities. At least one of the members of the council shall be a consumer of developmental disabilities within the last four (4) years or a legal guardian of such a consumer. The remainder of the members shall be parents, guardians or siblings of persons who qualify for developmental disabilities services. Relatives of current members are ineligible to serve. Members shall be appointed for a 3-year term and may be reappointed to not more than one additional term. A person who is currently serving on another board or council of the Agency for Persons with Disabilities may not be appointed to a Family Care Council. A member who has served two consecutive terms shall not be eligible to serve again until 12 months have elapsed since ending his or her service on the district council.

2. Council members shall serve on a voluntary basis without payment for their services.

3. Vacancies occurring through death, resignation or removal shall be filled for the unexpired term by recommendation of the Council and appointment by the Governor, after which the person filling the vacancy may be entitled to serve additional terms.

4. A member wishing to resign from the council shall submit his or her resignation in writing to the chairperson of the council. A member who is absent from three (3) meetings within any 12-month period, without having been excused by the chairperson, is deemed to have resigned from the council.

5. Alternates may be appointed and designated for each member, pursuant to the same conditions for regular members. Alternates, however, may only act in the absence of a member, but then do so with the same duties and privileges as if a full member.

6. Membership in the council is to represent a cross section of the community with respect to age, gender, ethnicity and type of disability.

7. Members will be expected to be active in attending and participating in meetings of organizations and stakeholders related to the functions of the council.

8. Prospective members properly voted on and approved by current FCC members shall be deemed associate members but will not be able to vote until their appointment is official.

ARTICLE IV: Officers

1. The officers of the Family Care Council shall be a Chairperson, Vice-Chairperson and a Treasurer. Each shall serve a term of one (1) year, expiring on December 31 of each year. The membership of the council will elect each officer separately by open ballot by a majority of the voting members. Nominations shall be taken from the floor. The term of each officer begins upon his/her election. An officer may serve more than one term.

2. Duties of the board chairperson:

a. To preside at all meetings of the council.

b. To sign official documents and correspondence on behalf of the council.

c. To excuse absences of council members.

d. To monitor the activities of any other groups working to assist the council.

e. To appoint a chairperson pro tem in the expected absence of the chairperson and vice-chairperson.

f. To appoint persons to serve on Council committees. Such persons may include former members of Council and persons not eligible to serve on the Council.

3. Duties of the board vice-chairperson:

a. To assume the powers and carry out the duties of the chairperson in the absence of the chairperson.

b. To assume the powers and carry out the duties of the chairperson, if that office is vacated, through the unexpired term.

c. To assist the chairperson in monitoring the activities of any other groups working to assist the council.

d. To carry out other duties as delegated by the chairperson.

4. Duties of the Treasurer

a. To monitor, understand and present the budget in a way that most members of the family council will understand the financial implications of their business.

b. To interact with APD in whatever manner necessary to acquire data regarding the budget.

5. Under any other circumstance that prevents the vice-chairperson from serving a full term, the board shall immediately hold an election to select a new vice- chairperson who shall serve for the remainder of the unexpired term.

6. The annual election of officers will take place at the meeting in December.

ARTICLE V: Meetings

1. As specified in F.S. 393.502, the Family Care Council shall meet at least once each month.

2. The council may meet in different locations according to the pleasure of at least a majority of its membership. District 12 Developmental Disabilities Program Office will provide logistical and staffing support to the council.

3. Meetings of the council will be open to the public, pursuant to Chapter 286, Florida Statutes. Meetings shall be advertised in the Florida Administrative Weekly or a newspaper of general circulation in the district at least one (1) week prior to the meeting and notices shall be sent to local newspapers, city halls, libraries, radio stations, and service centers having the greatest coverage in each county of the district at least ten (10) days prior to the meeting, or other adequate provision for public notice shall be made. Time for public comment shall be provided. A time limit may be imposed by the chairperson.

4. A quorum for a council meeting shall be fifty percent (50%) of the current membership. At least a majority of members present and voting are required to take official and final action on a matter before the council. In the event that both the chairperson and the vice-chairperson are absent, and the chairperson has not appointed a chairperson pro tem, the council, providing a quorum is present, shall elect a chairperson pro tem from the members of the council.

5. Minutes of meetings shall be processed and circulated to members prior to each regularly scheduled meeting. Minutes should then be approved at the next scheduled meeting.

6. Official and associate members may apply for travel reimbursement to and from their local FCC meetings if they choose. Such travel reimbursement shall be calculated from their personal local home to the meeting site and back.

ARTICLE VI: Conflict of Interest

If an issue comes before the council in which the member has a personal vested interest or a vested relationship with an agency or person that will benefit from a decision related to that issue, it shall be the duty of the member to declare the conflict of interest prior to the discussion of the issue. The member then will be free to participate in the discussion of the issue within the time limits established by the chairperson for all board or committee or sub-committee members. The member shall abstain from voting on the issue.

ARTICLE VII: Parliamentary Authority

The rules contained in the current edition of Robert’s Rules of Order, most recent edition, shall govern the Family Care Council in all cases to which they are applicable, and in which they are not inconsistent with these bylaws and any special rules of order the council may adopt.

Proxy voting will be allowed either by the member voting early by mail, phone or email.

ARTICLE VIII: Amendment of Bylaws

These bylaws may be amended at any regular meeting of the council by a two-thirds (2/3) vote of the attendees, provided that the amendment has been submitted in writing at the previous meeting.

I, as chairperson for the Family Care Council, attest that these by-laws (amended) have been voted favorably by a majority of the council on this date.

____________________ ______________________________

DATE CHAIRPERSON

____________________ ______________________________

DATE DISTRICT ADMINISTRATOR