OKLAHOMA STATE COUNCIL ON AGING BYLAWS

OKLAHOMA STATE COUNCIL ON AGING
BYLAWS

ARTICLE I

NAME

The Articles contained in these Bylaws comply with Older Americans Act and OAC: 340:105-1-10;340:105-10-12 and all subsections.

The name of this organization is The Oklahoma State Council on Aging.

ARTICLE II

DUTIES AND RESPONSIBILITIES

The Oklahoma State Council on Aging is established to champion the needs and issues confronting older Oklahomans, especially those in the greatest social and economic need and shall:

1. Inform the following of the needs, conditions and concerns of elderly Oklahomans:

a) The Oklahoma Department of Human Services Commission,

b) Oklahoma Department of Human Services, Aging Services, Director,

c) Governor/Governor's Office,

d) State Legislature,

e) U.S. Congressional Delegates,

f) State Agencies,

g) Federal Agencies,

h) General public.

2. Review and comment on all policies, budget appropriations, planning, regulations and legislation that could benefit or adversely impact elderly Oklahomans, and advocate for elderly concerns and issues, maintaining high visibility and a strong voice.

3. Monitor and evaluate the provision of services to elderly persons within the State. Identify strengths and weaknesses of programs, gaps in service, under-utilization of services, duplication, under-funded services, model programs and innovative pilot projects.

4. Conduct public forums on the needs or condition of elderly Oklahomans and seek public input on programs or issues involving the elderly.

5. Advise the Director of the OKDHS Aging Services on all matters pertaining to the development and implementation of policies, budget appropriations, planning, regulations and standards; the effective and efficient administration of Division programs; the development of training and educational programs; and the administration of other functions of the Aging Services.

ARTICLE III

MEMBERS

Section 1. Composition

The Oklahoma State Council on Aging shall be composed of thirty (30)members who are residents of the State and who have demonstrated an interest in, knowledge of and accomplishments regarding the concerns of older citizens and are free to attend all meetings, except for an emergency, and participate in all activities of Council work, including sub-committee participation. At least eighteen (18) Over fifty per cent (50%) of the active members shall be sixty (60) years of age or older.
Section 2. Appointments
Members of the Oklahoma State Council on Aging shall be appointed to a position on the Council representing the various entities as indicated:

A. One member appointed by the Governor of the State; one member appointed by the President Pro Tempore of the State Senate; and one member appointed by the Speaker of the House of Representatives.

B. Other members shall be appointed by the Director of the Oklahoma Department of Human Services from nominees submitted by the organization/agency for consideration for appointment

Five members who are sixty (60) or over who are participating consumers or volunteers working regularly in aging programs shall be chosen from Area Agency on Aging Advisory Councils' nominees. Upon the vacancy of a position, each Area Agency on Aging Advisory Council shall be asked to submit one nominee for consideration from their respective planning and service areas. In choosing the members from the panel of nominees selected by the Area Agency on Aging Advisory Councils, considerations shall be given to the following representation on the council: residents of rural counties; citizens from all economic levels; and the duration and frequency of members on the Council, past and present, that have been nominated to the council from the particular Area Agency on Aging Advisory Council.
One member from each of the following entities from nominees submitted by each entity:

a. Oklahoma Association of Area Agencies on Aging,
b. State Department of Mental Health in the Gerontological field,
c. Oklahoma Senior Corps Director's Association,
d. Oklahoma State Nutrition Directors Association,
e. Oklahoma Indian Council on Aging
f. Oklahoma City Area Inter-tribal Health Board Oklahoma Indian Council on Aging
g. Oklahoma Federation of Chapters of the National Association of Retired Federal Employees,
h. Oklahoma Alliance on Aging,
i. Oklahoma Retired Educators Association,
j. Silver Haired Legislature Alumni,
k. Oklahoma State Health Care Authority

3.   Ten (10) at-large members nominated and appointed by the Oklahoma Department of Human Services Director. The Oklahoma Department of Human Services Director shall use these ten positions to assure ethnic, geographical and demographic balance.

4.    Members shall make decisions and vote on issues using their own best judgment and should not be expected to return to their organizations for directions on voting.

5.     No member of the Council, either as an individual or as a committee member shall speak for the Council without having been designated as a spokesperson by the Council or by the Chairperson.

Section 3. Term of Service

A.     Members of the Oklahoma Council on Aging shall serve staggered terms of three (3) years. When a vacancy occurs and a new member is appointed to complete a partial term, if the time remaining in the term is more than 18 months, it shall count as a full term for re-appointment purposes. If the time remaining in the term is less than 18 months, it shall not count as a full term for re-appointment purposes.

B.      The fiscal year of the Oklahoma State Council on Aging shall begin October 1 and run through September 30 of the succeeding year.

C.     Members of the Oklahoma State Council on Aging may be re-appointed for only one additional consecutive term regardless of the entity nominating them to the Council. Former members may be appointed following one-year's absence from Council service.

Section 4. Vacancies

A. Members of the Oklahoma State Council on Aging who miss two un-excused consecutive meetings shall be dropped from the Council. Excused absences will be allowed only for a medical emergency, death in the immediate family (immediate family shall mean the same as described in OKDHS: 2-1-37 in the OKDHS Personnel Manual as revised),and travel out of State on the day of the meeting or other valid reasons as approved by the Executive committee. There will be no alternates. The Executive Committee shall review the absences at least annually.

B. Any vacancy on the Council shall be filled ~~within sixty (60) days~~ from nominations presented by the organization/agency responsible for nominating a person for that position on the Council. Nominations are to be submitted to the Director of the Oklahoma Department of Human Services for appointment. If a nomination is not received within a reasonable time, ~~sixty(60) days~~ from the representative organization/agency the Council shall make recommendations to the Director of the Oklahoma Department of Human Services regarding the filling of the vacancy.

C. The Council shall make recommendations to the Director of the Oklahoma Department of Human Services regarding the disposition of a Council position if an organization/agency becomes inactive or terminates and if a new organization/agency with significant involvement in aging activities request membership on the Council.

Section 5. Compensation

A. Council members shall receive no compensation for their services, but may be reimbursed for necessary travel and other expenses incurred in the performance of their official duties in accordance with The Oklahoma State Travel Reimbursement Act, Title 74, O.S. 500.35 as amended.

Section 6. Removal from the Council

A. Except as provided in Article III, Section 4, a A member can be removed only by the Director of the Oklahoma Department of Human Services.

ARTICLE IV

MEETINGS

Section 1. Regular Meetings

A.   Regular meetings of the Oklahoma State Council on Aging shall be held on the first Thursday of the month, four times per year, as designated by the Oklahoma State Council on Aging at its September Meeting. The meetings will take place at 9:30 a.m. in the main conference room of the Oklahoma Department of Human Services, Aging Services or at a time and place designated by the Directorof the Aging Services, Oklahoma Department of Human Services, in coordination with the Council.

B.    All meetings must comply with the Oklahoma Open Meetings Act.

Section 2. Special Meetings

A.  Special meetings may be called by the council officers when deemed necessary provided:

1.     All officers agree as to the necessity of a Special Meeting.

2.    Reasonable and adequate notice has been given to Council members and to the Aging Services, Oklahoma Department of Human Services prior to such meeting.

B.     All Council bylaws, including quorum requirements, shall be in effect at such meetings.

Section 3. Quorum

A. A quorum shall be fifty per cent plus 1 (one) of Council members.

ARTICLE V

OFFICERS

Section 1. Officers

A.     Officers of the Oklahoma State Council on Aging shall be: Chair, Vice Chair and Secretary.

Section 2. Election

A.    Officers shall be elected by a majority vote of eligible voting members present at the September meeting in each fiscal year and shall serve for one year.

B.      A Nominating Committee of three (3) shall be elected at the beginning of the last regularly scheduled meeting of the fiscal year by the Council to nominate a candidate for each office. The Nominations Committee shall report the Nominations Committee's nominees and the Officer nominees to the Council members during the August meeting or at least fifteen (15) days prior to the election which will be held at the September meeting.

1. Other nominations may be made from the floor at the election meeting providing: The nominee is present or has given permission, in writing prior to his/her nomination.

2. Officers shall take office at the end of the September meeting in each fiscal year and serve through the last September meeting of the same year or until their successors have been elected.

3. If an Officer or member of the Nominations Committee resigns between annual meetings, or is no longer a member of the Council, the Nominations Committee shall nominate a candidate for the vacant office or the vacant Nominations Committee position. The Nominations Committee shall report the Nominations Committee's nominee or the Officer nominee to the Council at the next meeting for consideration for election, as outlined in the Annual Meeting election process above. The Officer or member of the Nominations Committee shall take office or assume the role immediately after election.

C.   Officers shall be eligible for re-election one time only to the same office and may serve no more than two consecutive years in the office.

D.All voting in elections shall be by (written) ballot.

Section 3. Removal from Office

The council shall be vested with the authority to remove any officer from office, at a special meeting, for malfeasance or nonfeasance. Thirty (30) days' written notice of the purpose of the meeting shall be sent to all members. A vote of two-thirds (2/3) of those present and voting in favor of removal shall effect such removal of officer.

Section 4. Duties of Officers

A.Chair

The Chair shall be the official spokesperson, and preside at all meetings, regular and special; appoint all committees except the nominating committee with the approval of the majority of Council members present at the meeting when appointments are made. The Chair shall be an ex-officio member of all committees except the nominating committee.

B Vice Chair

The Vice-Chair shall serve as acting Chair in the absence of the Chair at any Regular or Special meeting and shall perform any other duties as may be assigned by the Chair or Council.

C. Secretary

The Secretary shall be responsible for the minutes of the Council meetings and provide a timely distribution of the minutes to the Council members and to other designated individuals or entities.

ARTICLE VI

COMMITTEES

1. Standing Committees shall include an Advocacy Committee and a Long Term Care Ombudsman Advisory Committee.

2. Other committees may be established to assist the Council in the discharge of its other responsibilities as set forth in Article II.

3. No committee member shall speak for the Council without having been designated as a spokesperson by the Council or by the Chair.

ARTICLE VII

ADVISORY COMMITTEE

Section 1. Membership

A.An Advisory Committee to the Oklahoma State Council on Aging shall be formed. A representative may be chosen from each of the following categories: 1) Business, 2) Council of Governments, 3) Physician, 4) Registered Nurses, 5) Nursing Home Industry, 6) Oklahoma Hospital Association, 7) Home Health Care Association of Oklahoma, Home Community Care & Hospice Services, 8) Oklahoma Chapter of National Association of Social Workers, 9) LegalAid Services of Oklahoma, 10) Oklahoma Department of Insurance.

B. The Council may make recommendations to the Chair regarding the disposition of an Advisory Committee position if an organization/agency with significant involvement in aging activities requests membership on the Advisory Committee.

C. Members of the Advisory Committee shall be placed on the program agenda whenever their expertise would be helpful. Advisory Committee members are free to speak in any meeting when done in accordance with standard parliamentary procedure.

Section 2. Nominations

The Chair shall solicit nominations from the above categories. These nominations shall be presented to the Council for confirmation.

Section 3. Terms of Service

Each member of the Advisory Committee shall serve until he/she resigns or is replaced by an organization in the representative category, at the discretion of the Oklahoma State Council on Aging in coordination with the Director of Aging Services.

Section 4. Duties

Representatives of this committee may attend all meetings and meet with the State Council as their expertise is required, speak to present issues, ideas or respond to questions but shall have no vote and shall not be reimbursed for their expenses.

ARTICLE VIII

AMENDMENTS

Amendments to these bylaws, in part or by whole, may be made providing:

1. The Director of the Aging Services and the Council members have been notified of the proposed change, or changes, in writing no less than fifteen (15) days prior to vote.

2. Amendments shall require a two-thirds (2/3) vote of Council members at any Regular or Special Council meeting at which a quorum has been established.

ARTICLE IX

PARLIAMENTARY AUTHORITY

1. Roberts Rules of Order, Newly Revised shall govern the Council in all cases not covered in these bylaws.

Adopted 03/09/89
Revised 12/05/91
Revised 09/02/93
Revised 08/04/05
Revised 08/03/06
Revised 03/01/07
Revised 07/05/07
Revised 11/05/09
Revised 09/02/10
Revised 02/13/13
Revised 03/06/14
Revised 09/02/15
Revised 12/03/15