Virginia



Background: The potential changes fall into four (4) categories:Council members can watch the Bylaws Committee’s August 28 meeting here. Technical Clean-Up includes: Re-numbering content throughoutCreating consistency in terminology (Council, Department, special committees, etc.) throughoutCreating consistency in Code of Virginia references throughoutGiving Article 3 a new title (Membership and Staff Support) Renaming Article 2, Section 1 (Council Composition) Reformatting Article 2 to add a new Section 3 (Terms of Office)Reformatting Article 2 to add a new Section 4 (Member Requirements) Reformatting Article 2 to add a new Section 5 (Staff Support)Replacing the word “Chairman” with “Chair” and “Vice-Chairman” with “Vice-Chair” throughoutAdding specificity, when appropriate, for state fiscal years and officer election years throughoutUpdating the latest approval date in Article VII Fixing Conflicts or Errors includes: Updating Article 1, Section 2 (Duties and Authorizations) to reflect the current Council duties as prescribed in Section 51.5-128 of the Code of Virginia Clarifying that the Nominating Committee only meets during election years in Article 3, Section 3 (Conduct of Elections)Adding the correct Code of Virginia references regarding elections in Article 3, Section 3 (Conduct of Elections)Correcting the entities eligible to receive the annual report in Article 4, Section 2 (Standing Committees)Revising the listening sessions requirements to specify “regional sessions” instead of eleven listening sessions in Article 4, Section 2 (Standing Committees)Aligning the voting requirements for the bylaws in Article VII with what is provided in Article VI (i.e., two-thirds vote)Clarifying Ambiguities & Adding Missing Information includes: Clarifying in Article 1, Section 3 (Responsibilities) when such actions require Council approval Adding the Virginia State Plan on Aging Services listening sessions into Section 3 (Responsibilities) Rewording the annual report content and process in Section 3 (Responsibilities) Reiterating the standard practice for Council member attendance and the role of the Executive Committee in mitigating member non-attendance in Article 2, Section 2 (Absences)Adding the reference to the Council on Aging representative on the Virginia Public Guardian and Conservator Advisory Board in Article 2, Section 1 (Council Composition)Adding the requirements for members to complete the annual Financial Disclosure Statement, biannual Conflict of Interests Act training, and reimbursement policy in the new Article 2, Section 4 (Member Requirements) Adding the requirements for DARS staff support in the new Article 2, Section 5 (Staff Support)Clarifying the requirements and process for special elections of officers in Article 3, Section 2 (Terms) Adding the chair’s role in helping develop meeting agendas in Article 3, Section 4 (Duties of Officers)Adding that the vice-chair can perform chair duties as requested by the chair or by staff when the chair is unable to make such a requestClarifying the Council’s three standing committees are: the Legislative, Planning and Development, and Best Practices Committee, and reiterating that staff provide support to these committees in Article 4, Section 2 (Standing Committees)Adding additional detail about the listening sessions and the State Plan for Aging Services with regard to the Planning and Development Committee in Article 4, Section 2 (Standing Committees) Adding “caregiving” to the scope of the Best Practices Awards in in Article 4, Section 2 (Standing Committees) Emphasizing that the department shall provide staff support to special committees in Article 4, Section 3 (Special Committees) Clarifying the process for hosting regular meetings and receiving public comment in Article 5, Section 1 (Regular Meetings)Clarifying the ability of the Council to conduct an informational-only meeting when a physical quorum is not present, notwithstanding any other state law allowances, in Article 5, Section 2 (Quorum) Reiterating the importance of adherence to public meeting requirements for members in Article 5, Section 3 (Rules) Clarifying the department’s policy to provide meeting materials to members and the public in a timely manner in Article 5, Section 5 (Notice)Policy Changes includes: Striking the congressional delegation letter in Article 1, Section 3 (Responsibilities); this is beyond scope of the Council as indicated in the Council’s enabling statute Adding requirements for member resignations in Article 2, Section 1 (Council Composition) Updating the requirements for the chair term and aligning it with Robert’s Rules of Order in Article 3, Section 2 (Terms)Specifying, in Article 3, Section 4 (Duties of Officers) that the chair is non-voting, ex-officio member of all committees except that the chair may serve as a voting member on the Nominating Committee and any special committees, and may cast a vote to break a tie in standing committeesChanging the requirement that the Secretary must “sign” the minutes to instead require the Secretary to “approve” the minutes prior to the Secretary’s presentation of the minutes to the Council; this aligns the bylaws with current practices and the use of email to document Secretary approvals in Article 3, Section 4 (Duties of Officers) This is likewise updated in Article 5, Section 4 (Minutes)Adding term requirements and details for at-large members on the Executive Committee in Article 4, Section 1 (Executive Committee)Adding, Article 4, Section 1 (Executive Committee), the ability for the Executive Committee to approve a grant or funding proposal when the deadline is not conducive to full Council approval Adding, Article 4, Section 1 (Executive Committee), the ability for three members of the Executive Committee to also call for an Executive Committee meetingAdding requirements and a process for Council members to join standing committees in Article 4, Section 2 (Standing Committees) Outlining a process for the standing committees to elect a chair and delineating the chairs’ responsibilities in Article 4, Section 2 (Standing Committees) Adding a process for how grant and funding proposals shall be considered by the Council, notwithstanding the Executive Committee provisions, in Article 4, Section 2 (Standing Committees)Adding a permission for the Best Practices Committee to consult non-voting third parties on Best Practices Award reviews in in Article 4, Section 2 (Standing Committees) Striking the subsection on “Other Standing Committees” in Article 4, Section 2 (Standing Committees); such other committees shall be subject to the requirements for special committees (found in in Article 4, Section 3 (Special Committees))Striking Article 5, Section 5.5. (Electronic Participation) and replacing it with a reference to a “to-be-adopted” separate Electronic Meeting and Participation Policy Changing the process, found in Article VI, to make bylaws changes to allow future proposed amendments to the bylaws to be considered and voted on at an upcoming meeting if they are distributed at least 21 days prior to the upcoming meeting and clarifying that changes to the bylaws take effect immediately upon adoption ................
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