1 BYLAWS OF THE COMMISSION ON AGING
OF THE COUNTY OF SAN JOAQUIN
ARTICLE 1
STATUS OF BYLAWS AND DUTIES AND POWERS OF COMMISSION
The Bylaws and all amendments hereto shall be in effect upon a favorable two-thirds (2/3) vote of a quorum of the Commission and a subsequent four-fifths (4/5) vote of the Board of Supervisors of San Joaquin County.
The Commission shall have those powers and duties as provided by current Federal, State and Local laws.
ARTICLE 2
MEMBERSHIP AND OFFICERS AND EXECUTIVE BOARD OF COMMISSION a. Members of the Commission.
The Commission shall consist of those members designated by the Board of Supervisors with appointees reflecting the economic, social, geographic, ethnic and racial diversity within the County.
The appointments are as follows:
One (1) member appointed by each of the City Councils of each incorporated municipal entity within San Joaquin County; One (1) member appointed by each of the members of the
Board of Supervisors from their respective supervisorial districts; Five (5) members appointed by the Board of Supervisors from the County of San Joaquin at-large one of whom shall represent the disabled;
Five (5) members representing agencies serving seniors
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2 including the San Joaquin County Department of Human Services, San Joaquin County Department of Health Care Services, San Joaquin Housing Authority, the Social Security Administration, and Department of Aging Long-Term Care Systems.
The appointment of members shall comply with the applicable State and Federal laws, and rules and regulations promulgated by the State Department of Aging. The Commission membership must consist of more than 50% of individuals who are 60 years of age or older. The term of appointment shall be for a period of three years that runs from July 1 to June 30 of the third year except as provided in section b. of this Article.
b. Termination of Appointments.
The appointment of any member of the Commission who has been absent from four (4) regular meetings for any reason in a Fiscal Year, may be terminated by a majority vote of the Commission. A vacancy may also be declared when any of the events of Government Code Section 1770 occur. The Commission may submit a replacement name, to fill the vacancy, to the appropriate appointing authority to fill the unexpired term. c. Officers of the Commission.
The officers of the Commission shall include a Chairman, a First Vice-Chairman, and a Second Vice-Chairman duly elected at a regularly scheduled meeting of the Commission by a vote constituting a quorum.
d. Nomination and Election of Officers.
Nominations will be called for by the Commission Chairman at the regular meeting of the Commission in June and at the regular meeting of the Commission in July. No nominations shall be made without the consent of the individual nominated. New officers shall be elected by the ATTACHMENT 3
3 Commission-at-large at the July meeting.
e. Terms of Office.
The terms of office of the Chairman, First Vice-Chairman and Second Vice-Chairman shall be one year, unless such office or offices become vacant as a result of death, removal or expiration of end of term. Upon the office of Chairman becoming vacant prior to the expiration of the term of office of its occupant, the First Vice-Chairman shall assume the office of Chairman for the balance of the unexpired term. Upon either the office of First Vice-Chairman or Second Vice-Chairman becoming vacant prior to the expiration of the term of office of its occupant, the members of the Commission shall elect at-large, another of the members of the Commission to the office vacant for the balance of the unexpired term.
Officers may be reelected to serve a second consecutive term of office in the same position which the member held during the preceding year. Elected officers shall not succeed themselves after their second term of office but must await the lapse of one year prior to becoming eligible to hold the same office. In the event that a member is elected to hold an elective office which has been vacated, the time served in the vacated office shall not be computed in determining whether the member has served for two consecutive terms.
f. Executive Board.
The Executive Board shall consist of the Commission Chairman, First Vice-Chairman, Second Vice-Chairman, immediate Past Chairman and those members of the Commission, not to exceed five (5), who shall be elected by the Commission-at-large. If a vacancy occurs among the elected members, it will be filled by such Board.
ARTICLE 3
I. DUTIES OF CHAIRMAN, FIRST VICE-CHAIRMAN, SECOND VICE-CHAIRMAN ATTACHMENT 3
4 a. Chairman.
The Chairman shall have the authority to appoint all members of the Committees of the Commission and shall act as ex-officio on all committees. The Chairman shall be the presiding officer at all meetings of the Commission and perform such duties as ordered by the Commission or prescribed by law.
The Chairman or his/her designated alternate shall represent the Commission at and be an active member of the Triple A Council of California.
b. First Vice-Chairman.
In the Chairman's absence or in case of his inability to act, the First Vice-Chairman shall undertake the duties of the Chairman.
c. Second Vice-Chairman.
In the absence or inability to act of both the Chairman and First Vice-Chairman, the Second Vice-Chairman shall undertake the duties of the Chairman. d. Presiding Officer.
The Presiding Officer shall maintain order and decorum and decide questions of procedure subject to the right of members of the Commission to appeal. The Presiding Officer shall call the meeting to order promptly at the appointed hour and conduct the meeting as prescribed by the Bylaws. The Presiding Officer shall not vote except in the event of a tie.
II. DUTIES OF THE EXECUTIVE BOARD
The Executive Board shall have general charge of the affairs of the Commission in the interim between meetings of the Commission. The Executive Board shall act as an advisory body to the Commission on Aging. The Executive Board shall review all items which will be presented to the Commission.
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5 ARTICLE 4
COMMITTEES
I. PERMANENT COMMITTEES.
There shall be the following committees established by the Commission:
Bylaws
Technical Advisory
Adult Day Health Care (ADHC) Adult Day Services (ADS)
Advocacy
The Bylaws Committee shall be composed of no less than three (3) Commission members and no more than nine (9) Commission members. The Technical Advisory Committee shall be composed of those individuals as will comply with the legal requirements for such committee and insofar as there is no conflict with such requirements there shall be no less than six (6) Commission members and not more than twelve (12) Commission members on the committee. The Adult Day Health Care Adult Day Services Committee shall be composed of no less than five (5) Commission members and no more than ten (10) Commission members. The Advocacy Committee shall be composed of no less than three (3) Commission members and no more than nine (9) Commission members. The committee may also include Ex-Officio members as determined by the committee chair. These Ex-Officio members are non-voting.
Members shall be appointed in September of each year, by the Chairman of the Commission, to serve until September of the next year or until the appointed member's term as Commissioner expires or until the replacement committee has been named, whichever occurs first.
II. DUTIES.
a. Bylaws Committee.
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6 A bylaws committee shall review the bylaws of the Commission and recommend changes in the existing bylaws and standing rules when necessary.
b. Technical Advisory Committee (TAC).
TAC shall meet with the Department of Aging and Community Services for the review of all funding requests. TAC shall present its recommendations to the Commission when the Commission acts in its advisory function to the Department of Aging and Community Services. c. Adult Day Health Care (ADHC) Adult Day Services (ADS) Committee.
ADHC ADS shall review and make recommendations to the Commission on any application for licensure as an adult day health center. ADHC ADS reviews and makes recommendations to the Commission on ADHC ADS center start-up grant proposals. ADHC ADS will actively seek potential providers; assist existing centers in their efforts to increase public recognition of the program; provide consultation to local centers; and periodically update the information in the county ADHC ADS plan.
d. Advocacy Committee.
Advocacy Committee shall review legislation and make recommendations to the Commission regarding legislation or other advocacy issues. The Advocacy Committee is authorized to perform ongoing advocacy including but not limited to testimony and correspondence on any legislative position that has received the approval of the Commission. The committee may continue to support such legislation only if the legislation has not been significantly changed to alter the intent of the originally approved legislation.
III. AD HOC COMMITTEES.
Ad hoc committees shall be formed as deemed necessary by the Chairman, with approval of ATTACHMENT 3
7 the Executive Board, or they shall be formed upon the recommendation of the Executive Board to the Chairman. The voting membership of such committees shall consist only of those members who are members of the Commission on Aging. However, members of a public task force or consultants may participate in the committee's meetings, reviews, investigations and formulation of recommendations, at the discretion of the Chairman of the committee.
The ad hoc committees may investigate, review and make recommendations to the Chairman on any topic concerning seniors which falls within the scope of the committee's responsibility, as assigned by the Chairman, with Executive Board approval. The topics concerning seniors include but are not limited to: education, employment, health, housing, legislation, long-term care, nutrition, and transportation.
IV. DISPUTES.
All disputes concerning the operation and functioning of a committee, including disputes as to the scope of responsibility of a committee or its membership, shall be decided by the Executive Board.
ARTICLE 5
AGENDA; POSTING; ORDER OF BUSINESS: ACTION ON OTHER MATTERS a. Agenda.
All matters to be included on an agenda must be submitted to the Department of Aging at the Executive Board meeting preceding the date on which the item will appear on the agenda. Any item relating to the scope of the Commission's duties and responsibilities and recommended by any individual Commissioner shall be placed on the agenda by the Executive Board. Posting requirements as provided by State law.
b. Immediate Action on Other Matters Not on Agenda.
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8 The Commission may take action on items of business not appearing on the posted agenda under any of the following conditions:
1. Upon a determination by a two-thirds vote of the Commission, or, if less than two-thirds of the members are present a unanimous vote of those members present, that there is a need to take immediate action and that the need to take action arose subsequent to the agenda being posted.
2. The item was posted for a prior meeting of the Commission occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken. c. Order of Business.
The business of the Commission shall be transacted, so far as practicable, in the following order:
1. Call to Order
2. Roll Call.
3. Executive Board.
4. Written Communications.
5. Action Items.
6. Reports and Information Items.
7. Adjournment.
d. Public Presentations/Comments.
Public presentations are those presentations or comments by interested members of the public other than Commission members themselves at regular meetings of the Commission. No motion or resolution may be acted upon at the meeting of presentation except that the matter may be ATTACHMENT 3
9 referred to the appropriate committee for further review. Members of the public may also address the Commission on any agenda item of interest to the public before or during consideration of the item by the Commission. Public presentations and comments are limited to five minutes. e. Suspension of Order of Business.
The regular order of business may be suspended at any time by a majority vote of the members of the Commission to consider any agenda item at any regular meeting of the Commission.
ARTICLE 6
MEETINGS
a. Regular Meetings.
Meetings of the Commission shall be held on the first Monday of each month except for the month of August when no meeting will be held. If the regular meeting date shall fall on a legal holiday, the meeting shall be on the next day (Tuesday).
The regular hour of meeting may be modified at any time during the year upon a majority vote of the members of the Commission.
1. Special meetings of the Commission may be called by the presiding officer, or by the majority of members of the Commission, or the Director of the Department of Aging and Community Services by delivering personally or by mail written notice to each member and to each local newspaper of general circulation, radio or television station requesting notice in writing. The notice shall be received at least 24 hours before the time of the meeting as specified in the notice.
The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at these meetings by the Commission.
The call and notice shall be posted at least 24 hours prior to the special meeting in a location that is freely accessible to members of the public.
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10 b. Place of Meetings.
All meetings of the Commission, unless otherwise specified, shall be held at the Human Services Agency Building, 102 South San Joaquin Street, Stockton, California.
ARTICLE 7
CONFLICT OF INTEREST
When any member of the Commission or committee of the Commission has a financial and/or vested interest in an item before the Commission or committee, such member shall immediately disclose his or her interest and disqualify himself or herself from participation in discussion or voting on the item.
Each Commissioner shall, on request, submit a Conflict of Interest Code Disclosure statement as required by law.
ARTICLE 8
MOTIONS, QUORUM, VOTING, AMENDMENT OF BYLAWS,
AND RULES OF ORDER
a. Motions.
Motions may be made only by members of the Commission.
b. Quorum.
A quorum of the Commission for the transaction of any business shall be a majority of the members of the Commission. A lesser number of members of the Commission may, however, convene for the purpose adjourning until the next regularly scheduled meeting of the Commission.
A meeting at which a quorum is initially present may continue to transact business, notwithstanding the withdrawal of Commissioners, if any action taken is approved by at least a ATTACHMENT 3
11 majority of the required quorum for such a meeting.
c. Voting.
Except for the purpose of amending these Bylaws or as otherwise provided herein, all actions taken and decisions made shall be by a majority vote of the members of the Commission present and constituting at least a quorum.
d. Amendments to the Bylaws.
These Bylaws may be amended only by the vote of two-thirds (2/3) of the members of the Commission present at a regular meeting and constituting a quorum. Prior to a vote of the members of the Commission upon any proposed amendment to these Bylaws, and as a condition precedent to such vote, the proposed amendment to these Bylaws shall have been presented to and discussed by the members of the Commission at the regular meeting of the Commission immediately preceding the regular meeting at which such vote is taken.
Amended: June 5, 1989
Amended: May 3, 1994
Amended: June 23, 1998
Amended: June 1, 2000
Amended: November 21, 2000
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