Bylaws
I. DESIGNATION
The organization referred to in this document shall be known as the New Mexico Brain Injury Advisory Council (BIAC}, hereinafter referred to as the “Council”.
II. AUTHORIZATION
The New Mexico Brain Injury Advisory Council is a program under the Governor’s Commission on Disability (GCD) and was authorized by the State of New Mexico, NMSA 1978, Section 24-20-3. Any conflict with the constitution or laws of the State of New Mexico or the United States of America is not intended, and state and federal laws shall prevail.
III. MISSION
The BIAC supports evidence-based research and education and advises state, public and private entities to enhance the statewide system of comprehensive, community-based resources, services and supports that maximize the personal choices and functional independence of persons with brain injuries.
The BIAC also promotes prevention and increased public awareness to decrease the incidence and consequences of brain injuries.
The Council shall annually review the mission statement and periodically modify if appropriate.
IV. DUTIES
Through its planning, coordinating, monitoring, and evaluation of activities, the Council shall encourage, advocate for, and support the continuation and coordinated development of a system of services for New Mexicans with brain injury.
The Council shall:
A. Study and make recommendations to GCD, the Governor, the Legislature and other state agencies concerning:
Service coordination, life skills, community support systems, long-term care, employment, emergency medical services, rehabilitation, prevention and the improvement and coordination of state activities relative to the concerns of persons with brain injuries and their families or other caregivers.
B. Advise appropriate state agencies and private organizations on the development of services and supports that meet the needs of persons with brain injuries.
C. Perform all duties in accordance with State and Federal law.
D. Make recommendations to GCD regarding the operating budget, a minimum of once
annually.
E. Adopt positions of support, neutrality or opposition for proposed legislation and regulations affecting persons with brain injuries in New Mexico.
F. Assess and advocate for the needs of persons with brain injuries and provide education
regarding brain injury for survivors, family members and professionals working in the field statewide.
V. MEMBERSHIP
A. Council membership shall include no fewer than eighteen (18) and no more than twenty -four (24) members appointed by the Governor.
B. Members shall include individuals with brain injuries, family members of persons with brain injuries, healthcare professionals and other representatives of private sector organizations and state agencies that provide services and supports to persons with brain injuries. The council aims to have a membership of at least sixty percent (60%) of persons with brain injuries and persons with family members with brain injuries.
C. An ex-officio member, appointed by the Governor, shall serve as a bona fide member of the Council, unless he or she identifies and appoints a designee to serve in his or her place. Such designation must be made in writing to the Council Chair and shall remain in effect until revoked or superseded by a new designation in writing by the ex-officio member, the Governor or statutory change. There shall be no provision for proxy or other representation of substitutes for the duties appointed to the designated members of the Council.
VI. TERMS OF APPOINTMENT
A. All members of the Council are appointed by and serve at the pleasure of the Governor of New Mexico. Terms of appointment are staggered and three years in length. Approximately one third (1/3} of the appointed members expire each year. Members whose terms have expired shall be considered bona fide voting members until a duly qualified successor is appointed.
B. If a Council member misses two (2) unexcused consecutive meetings, the Chair will notify the member in writing that missing the next meeting will result in a request to the Governor that the member is removed from the Council and a new member be appointed. Council members shall notify in advance, the BIAC staff member, the Chair or Vice-Chair by e-mail or telephone if they are unable to attend a meeting.
VII. COUNCIL OFFICERS
A. The Council shall have two (2) regular officers elected from the general membership for parallel one (1) year terms. These officers shall be designated Chair and Vice-Chair, respectively.
B. In the absence of the Chair, the Vice-Chair shall assume all rights and responsibilities of the higher office, except:
1. Where such vacancy would exist for one-half (1/2) or more of the elected Chair’s term, the previously appointed Nominating Committee will arrange for a special election at the next Council meeting.
2. The Vice-Chair shall call for such special election.
C. The Chair and the Vice-Chair shall be members of the Executive Committee
D. Officers shall have a vote in all matters that come before the Council, provided they are present when a vote is taken.
E. Election of new officers shall take place during the first regular meeting of the State fiscal year. The election shall be carried out after a Nominating Committee has presented a slate and nominations have been heard from the floor. Each Council member is entitled to one (1) vote and simple majority vote of the members present carries the election. Officers shall retain office for a one (1) year term. An officer may succeed himself/herself at the pleasure of the Council for a maximum of three (3) terms after which a member must wait one (1) full year before being eligible to run for office. Votes shall be public.
VIII. APPROVED COUNCIL COMMITTEES, TASK FORCES, WORK AND STUDY GROUPS
A. All committees, task forces, work and study groups shall be appointed by the Chair. Council members are encouraged to volunteer to serve on committees.
1. The Executive Committee shall be a standing committee with no more than seven members including the Council Chair and Vice-Chair. The committee shall function as the policy and information review body for the Council, provide direction to staff and provide feedback regarding performance of staff to the GCD Executive Director. The committee shall make recommendations to the Council for action, including the obligation and/or expenditure of funds, which arise between Full Council meetings. Executive Committee members must all be Council members. GCD has sole responsibility for the budget and will review recommendations from the Council on expenditures.
2. All committee members and committee chairs shall be appointed by the Chair. The function of committees is to evaluate Council activities, identify areas of concern, identify legislative issues, recommend support, develop strategies for informing the Governor and the legislature on the needs of persons with brain injuries, and coordinate with other agencies and groups that share an interest in legislation, regulation, planning, and programming relating to services for persons with brain injuries. Such committees and task forces shall be developed consistent with the priority areas established in the Strategic Plan; and shall report to each Council meeting on the status of Council activities and projects. At least one-third (1/3) of the committees shall be members of the Council. The committee Chair shall report to the Council.
B. Nominating Committee will be appointed by the Chair at the next to the last meeting of the state fiscal year. The Nominating Committee will be responsible for presentation of a slate at the first meeting of the subsequent fiscal year. Nominating Committee members shall be Council members.
C. All task forces, work and study groups or Council committees, except the Executive Committee shall be formed at the direction of the Council Chair with the advice of the Executive Committee and Council staff member. All committees and work groups shall reflect the Council’s mission and goals; be ad hoc unless otherwise specified; make recommendations to the Council; and may include non-Council members in their membership, unless disapproved by action of the Council.
D. No committee, task forces, work or study groups shall expend funds or set policy for the Council without consent of the Full Council.
E. Committee Chairs may vote on all committee business.
F. Council staff member shall provide assistance to all committees, task forces and study groups. The staff member is non-voting.
G. Committees, task forces, work and study groups can meet in person, by tele- conference, and may allow written submission from committee members.
IX. REIMBURSEMENT
A. A minimum of four (4) Council meetings will be held annually within budget limitations.
Notification of such meetings and draft agendas will be given at least two (2) weeks in advance. The final agenda will be available to the public at least 72 hours in advance.
B. All meetings shall be conducted in accordance with the Open Meetings Act: NMSA 1978, § 10-15-4. The Council will adopt annually, at the first meeting of the calendar year, an Open Meetings Resolution describing the notice of the public meeting that is reasonable when applied to the Brain Injury Advisory Council.
C. A quorum shall consist of more than fifty-percent (50%) of the Council membership. In the event that one or more Council members are participating through teleconferencing
arrangements, as provided in paragraph H of this section, such members shall be included in determining the quorum.
D. Meetings shall be held at the call of the Chair and will be conducted in accordance with the Americans with Disabilities Act, the Open Meetings Act and other laws governing the
Council.
E. The Council shall refer to the most current edition of Robert’s rules of Order for the conduct of business in all cases in which they are applicable and not in conflict with applicable laws or these bylaws.
F. Subject to full consideration of other agenda items and available time, Council meetings should include a scheduled time for public input. When recognized by the Council Chair, non-members may provide testimony to the Council on a given item. The Council may limit the total time allocated for comments and the time allotted to any person.
G. All meetings of the Council will take place in a facility that is architecturally accessible by persons with disabilities. As necessary to accommodate Council meeting attendees, an interpreter for deaf persons and alternative format materials for blind persons, will be provided with at least five (5) days’ notice.
H. In the event that one or more Council members are unable to attend in person, the Council may provide for the participation of such members(s) through audio or audio- video teleconferencing arrangements, which allow direct and interactive participation.
XI. COUNCIL STAFF AND ADMINISTRATIVE SUPPORT
A. The BIAC staff member is responsible for submitting the Council’s annual budget recommendations to the GCD Executive Director.
B. Matters of staff classification and range will be decided by the GCD Executive Director.
C. The GCD Executive Director will make decisions concerning personnel matters according to state personnel rules and regulations for the BIAC staff member, with input from the Council.
D. Daily supervision will be a responsibility of the GCD Executive Director. The Council will provide input concerning job performance.
E. The Brain Injury Advisory Council will exercise its advisory functions independent of GCD.
XIII. EXPENDITURE OF FUNDS
A. All expenditure of funds shall be subject to applicable state laws, rules and regulations and the approved Strategic Plan.
XIV. BYLAW REVISONS
A. The adoption of these bylaws, and any revisions thereto, shall be executed on the basis of a favorable vote by at least two-thirds (2/3) of Council members present and voting with at least thirty-days (30) prior written notice.