Article I: Name

The name of the Council shall be the Kansas Council on Developmental Disabilities

Article II: Authorization

The Council is established in accordance with the provision of 42 USC of the Developmental Disabilities Assistance Bill of Rights Act of 2000: Public Law 106-402 as amended, and Kansas Statute, Article KSA 74-5501-5.

Article III: Purpose

The purpose of the Kansas Council on Developmental Disabilities (hereinafter called “the Council”) is to fully implement its responsibilities under the Developmental Disabilities Assistance and Bill of Rights Act as well as applicable state statutes. The Council’s mission is stated in its State Plan.

Article IV: Membership

The Council will comply with the requirements of the Developmental Disabilities Assistance Bill of Rights Act of 2000; Public Law 106-402 as amended.

The members of the Council shall, either be appointed by the Governor, or by virtue of their position within one of the “Relevant State Entities” as defined by federal law      

 Section 1: Composition

1. The membership of the Council shall be twenty-three members.
2. The Council will assess its membership needs in order to fulfill its mission and to meet requirements of the Developmental Disabilities Assistance Act (Public Law 106-402 as amended). It will seek and recommend qualified persons for appointment by the Governor

3.  At least 60% (14 individuals) of the members of the Council shall consist of persons who: of persons with developmental disabilities, who are not employees of a State Agency which receives funds or provides services with developmental disabilities basic State grant funds, who are not managing employees of any other entity which receives funds or provides services with developmental disabilities basic State grant funds, and who are not persons with an ownership or control interest with respect to such an entity (42 USC 6024(a)(2)(A) and 42 USC 6024 (a)(B)

1. At least one third (minimum of 5) shall be persons with developmental disabilities (self-advocate)
2. At least one third (minimum of 5) shall be parents or guardians of children with disabilities or immediate relative or guardians of adults with developmental disabilities
3. At least one individual shall be an immediate relative or guardian of an institutionalized or previously institutionalized person with developmental disabilities or an individual with a developmental disability who resides or previously resided in an institution.
4. Are immediate relatives or guardians of persons with developmental disabilities, who are not employees of a State Agency which receives funds or provides services with developmental disabilities basic State grant funds, who are not managing employees of any other entity which receives funds or provides services with developmental disabilities basic State grant funds, and who are not persons with an ownership or control interest with respect to such an entity (42 USC 6024(a)(2)(A) and 42 USC 6024 (a)(B).

4. The representatives of Relevant State Entities shall consist of:

1. Agency administering the Rehabilitation Act of 1973
2. Agency administering the Older Americans Act of 1965
3. Agency administering the Individuals with Disabilities Education Act (20 USC 1400 et seq)
4. Agency Administering the Title V of the Social Security Act (42 USC 702 et seq
5. Agency Administering Title XIX of the Social Security Act (42 USC 1396 et seq)
6. Protection and Advocacy System
7. University Center on Developmental Disabilities
8. A local and nongovernmental agency concerned with services for people with DD.
9. Private non-profit group concerned with services for people with DD.

5. Mandated representatives from Relevant State Entities shall be appointed by virtue of his/her position. The entity representatives may designate a single designee for a period of not less than one year as full voting member of the council. The designation will be sent in writing to the Council Chair and Executive Director.

 Section 4: Terms of Appointment

1. Each member appointed shall be appointed for an initial four-year term and shall be eligible for re-appointment to a second term. Members appointed to fill not more than 50 percent of an unexpired term of another member, shall be eligible to serve the remaining time of the unexpired terms as well as two four-year terms.  Terms begin on July 1.  After one year off the Council, the person shall be eligible to reapply to serve on the Council. In the event an appointment has not been made to fill a vacancy resulting from the expiration of a term, the incumbent member will continue to serve until such time as a new appointment is made. 
2. The representatives for each Relevant State Entity shall serve for the duration of the appointment.

Section 5: Vacancies

When a vacancy occurs on the Council, or the membership composition is out of compliance with federal law, the Executive Director shall call this to the attention of the Governance Committee of the Council who will provide recommendation to the full council for approval. The recommended nominations will then be forwarded to the Governor.

Section 6: Termination

Members who have been absent, from three council meetings in any calendar year period, may be recommended for review by the Governance Committee.
**Excused absences are defined as those where the member lets someone know ahead of the meeting they will be absent.

**Unexcused absences are defined as those where the member does not let anyone know they will be absent.

** Members are expected to participate in a minimum of 75% of scheduled meetings. Members who do not meet this expectation in any calendar year period, may be recommended for review by the Governance Committee. The Governance Committee shall present their recommendations and obtain approval from the full Council. Upon such recommendation, the Governor’s office shall be notified of the vacancy.

The Full Council may recommend termination of a council member that has three unexcused absences in a 12- month period or for cause. Upon such recommendation, the Governor’s office shall be notified of the vacancy.

 Article V:  Officers

Section 1: Composition

The officers of the Council shall be Chair, Vice-Chair. and Secretary/Treasurer.

Section 2: Chair

1. Appointment
   1. The Governor shall annually appoint a Chairperson by July 1. The Chairperson may be reappointed up to the limit of their current term. The Council shall recommend to the Governor a candidate for Chairperson who has served at least two years on the Council.
   2. The Chairperson shall be a person with a developmental disability or a relative or guardian of a person with a developmental disability (as defined in KSA 74-5501(b). and shall not be a member from a relevant state entity.
2. Duties of Chair
3. Call and preside over Council meetings
4. Ex officio member of Council committees except Governance Committee.
5. Set Council meeting agenda in consultation with Executive Director, committee chairpersons and other members.
6. Shall appoint the standing committee chairpersons and standing committee members subject to council action.
7. Sign official documents on behalf of the Council.
8. Supervise executive director.
9. Serve as immediate Past Chair until replaced. If the Chair’s term has expired and they have been replaced they will serve as a non-voting advisor to the Council.

Section 3: Vice-Chair

1. Elections – to be elected by the council after the Chair is appointed by the Governor.
2. Duties:
   1. To carry out the duties of the Chair in his/her absence or through the remainder of his/her term if the office of Chair is vacated, and to carry out such other duties as the Chair may direct.
   2. Vice Chair will review Rules to Meet By
   3. Vice Chair will review Conflict of Interest
   4. Overview and review on a periodic basis the Council orientation process

Section 4: Secretary/Treasurer

1. Elections - To be elected by the council after the Chair is appointed by the Governor.
2. Duties - To review financial reports at least quarterly and ensure they are presented at Executive Committee meetings and appropriate reports are presented to the full council.

Article VI: Council Members

 Section 1: Duties

1. Council members are expected to attend the regularly scheduled Council meetings. If unable to attend, members are expected to notify the Council staff stating the reason for the absence in advance of the meeting.
2. Responsible to carry out the Developmental Disabilities Assistance Bill of Rights Act.

Article VII: Committees

Section 1: Executive Committee

1. The Executive Committee shall consist of the Council Chairperson, Council Vice-Chair, Council Secretary Treasurer, and two additional council members elected by the full council.
2. The quorum of the committee shall be the majority of the committee members.
3. The Executive Committee composition shall reflect the membership of the Council. (pursuant to Article IV).
4. The Executive Committee shall act on behalf of the Council between meetings on matters requiring immediate decisions and shall take no action inconsistent with the bylaws and policies established by the full Council. Actions of the Executive Committee shall be reported to the full Council. All actions of the Executive Committee are subject to action by the full Council. 
5. The Executive Committee assures that the Council conducts strategic planning and formulates and conducts an annual review of the 5 Year State Plan.
6. The Executive Committee can approve an unanticipated expenditure (federal aid) up to $5,000.
7. The Executive Committee shall:
   1. Review the operating budget including out-of-state travel
   2. Write the yearly performance evaluation for the Executive Director with input from the full Council
   3. Review of the year end reporting to the federal government (including fiscal reporting)

Section 2: Governance

1. The Governance Committee Chair and members are appointed by the Council Chair subject to Council action.
2. The Governance Committee composition shall reflect the membership of the Council. The committee shall be comprised of 5 members. (pursuant to Article IV).
3. The quorum of the committee shall be the majority of the committee members.
4. The Governance Committee shall review new membership applications and forward to the Governor’s office
5. The Governance Committee shall prepare a recommendation of chairperson to the Council and the Governor’s office by April 1^stof each year with the request for approval before July 1^st.
6. The Governance Committee shall prepare a slate of officers for the positions of vice-chair secretary/treasurer, and two additional Council Members to be submitted to the Council at the meeting following July 1^st.
7. Governance Committee members are eligible to be elected to the Executive Committee. If elected to the Executive Committee, they must resign from the Governance Committee.
8. The Governance Committee shall be responsible for reviewing Council by-laws and Council policies annually.

Section 3: Finance Committee

1. Members will meet with Designated State Agency to review Council finance and expenditures
2. Members will present review to the full Council
3. Composition:
4. Treasure
5. State Agency representative
6. Council member appointed by Chair

Section 4: Ad Hoc Committees

1. The council may establish such standing committees and ad hoc committees as it deems appropriate to carry out its responsibilities. Committee Chairpersons and members shall be appointed by the Council Chairperson subject to Council action. Only Governor Appointed Members are eligible to be Committee Chairs.
2. Ad Hoc Committee composition shall reflect the membership of the Council. (pursuant to Article IV).

Article VIII: Staff

Section 1: Executive Director

1. There shall be an Executive Director for the Council. The director shall serve as the principal staff person to the Council and shall supervise Council staff, Council activities and serve the Council in a non-voting capacity.
2. The Director is responsible for the effective and efficient administration of the policies established by the Council.
3. The Director is responsible for ensuring that requirements of the federal and state laws are carried out for the Council.
4. The Executive Director shall act as liaison between the Council and the Designated State Agency (DSA) and assist the DSA in matters of respective and joint responsibilities in accordance with P.L. 106-402 amendments.
5. The Executive Director shall prepare financial and programmatic reports for the Council.

Section 2: Other Staff

Staff shall be hired, supervised and evaluated by the Council’s Executive Director.

Article IX:  Meetings

Section 1: Quorum

Quorum shall be one more than one half of the voting membership (Vacant positions must be counted) pursuant to the Kansas Open Meetings Act.

Section 2: Attendance

Council members will be considered in attendance at meetings if present in person, phone, teleconference, or other electronic media.

Section 3: Minutes

1. It shall be the responsibility of the Executive Director to ensure that minutes are documented of all Council meetings and that Committee meetings are recorded.
2. Draft minutes will be provided to all Council members at least five business days prior to the next scheduled meeting.
3. Once approved, Council minutes will be provided to the Governor and interested parties and shall be available for public view.
4. The official minutes will be maintained within the Office of the Council.

Section 4: Frequency

The Council shall have regular meetings at least quarterly in a twelve-month period.  Special or additional meetings may be called by the Chairperson, the Executive Committee, or by written request of five or more Council members. 

Section 5: Notice

1. The agenda will be prepared by the Council Chairperson and Executive Director and will be sent to each Council member at least five business days prior to the meeting.
2. Meeting dates and locations will be posted on the KCDD website along with information regarding reasonable accommodations.
3. Notice of special meetings shall be provided to the Council members at least three business days prior to that meeting and posted on the KCDD website.

Section 6: Open Meetings

All regular Council, committee, and ad hoc committee meetings are open to the general public pursuant to Kansas Open Meeting Act.

Section 7: Executive Session

The Council shall go into executive session when a motion is made, seconded and approved by the Council. Executive sessions will be held according to the Kansas Open Meeting Act.

Section 8: Voting

Each Council member in attendance at the meeting shall be entitled to one vote. 

Article X: Parliamentary Authority

All meetings will be conducted in accordance with the current edition Robert’s Rules of Order Newly Revised.

Article XI: Procedure for Amendment

Section 1: These by-laws may be amended by the Council membership at any Council meeting by t           wo-thirds vote of Council membership.

Section 2: The proposed by-law changes shall be provided in writing to each Council member at least 15 business days before the date of the meeting.

Adopted: November, 1971
Amended: June, 1972
Amended: June 13, 1980
Amended: March 3, 1982
Amended: September 24, 1985
Amended: May 19, 1994
Amended: November 10, 1994

Adopted June 7, 2012

Amended: August 11, 2012 (Procedure for Amendment; Delete Section 7/DSA Representation)

Amended: Oct. 19, 2012

Adopted: May 9, 2014 (Past Chair/None voting advisor)

Amended: June 17, 2014

Amended: September 15, 2017

Amended: Article VII: Committees; Section 2: Governance (D); December 11, 2017

Adopted: July 2, 2019; No Change

Adopted August 21, 2020

Amended: June 11, 2021; Article IV: Membership, Section 1: Composition #3 (a,b,c) & #4 (d,e), Section 4:Terms of Appointment #1, Section 5: Section 6: Termination,  Article VIII: Staff (Section 1: Executive Director)