DAC Bylaws
City of Fresno Disability Advisory Commission Bylaws
ARTICLE I
SECTION 1. These bylaws are adopted by Council pursuant to Resolution Number 2008-5 .
ARTICLE II – NAME
SECTION 1. The name of the commission shall be “City of Fresno Disability Advisory Commission” (“Commission”).
ARTICLE III – RESPONSIBILITIES
SECTION 1. The Commission has the following responsibilities:
a. Advise the Mayor and City Council on matters affecting the disability community.
b. Advise and assist other City Boards, Commissions, Committees and City staff on matters affecting persons with disabilities.
c. Review and comment on City policies, programs, and activities that affect persons with disabilities, including efforts to remove physical and programmatic barriers to access.
d. Serve as a coordinating body for the purpose of disseminating information to people with disabilities. In addition, it will receive input from citizens on the needs and concerns of the disability community, formulate and recommend solutions to those concerns, and to convey such recommendations to appropriate governmental bodies.
e. Comment on current and pending legislative and/or regulatory issues affecting persons with disabilities.
f. Organize and maintain working committees, when appropriate. These working committees will consist of a minimum of one Commission member, and may address areas of concerns such as, but not limited to:
a. Accessibility
b. Education
c. Healthcare
d. Housing
e. Emergency Services
f. Employment
g. Transportation
h. Disability Awareness Training
g. The two City of Fresno committees addressing accessibility and transportation for persons with disabilities in existence prior to the formation of the Commission will serve as working committees under the authority and guidance of the Commission. Working committees will operate in accordance with the guidelines of the Legal Handbook for City of Fresno Boards, Commissions, Committee and Similar Bodies, and applicable laws. At least one Commission member will serve on these committees.
h. Create task forces, as needed, to address specific issues. These task forces will be made up of at least one Commission member. The task forces will dissolve after 60 days, unless extended by vote of the Commission.
i. Actively seek State, Federal and private funding to assist the City and surrounding community in improving environmental and community accessibility, transportation, employment and economic development, and other services.
j. Carry out all activity in accordance with applicable law, including but not limited to the Ralph M. Brown Act (Government Code §§ 54950 et seq.), the Political Reform Act (Government Code § 8100 et seq.), and the Public Records Act (Government Code §§ 6250 et seq.).
k. Operate under the guidelines of the Legal Handbook for City of Fresno Boards, Commissions, Committee and Similar Bodies.
ARTICLE IV – MEMBERS
SECTION 1. The formation of the Commission shall begin with the appointment of members and the Organizational Form for City of Fresno Boards, Commissions, Committees, and Similar Bodies (“Organizational Form”) filed with the City Clerk and the City of Fresno Mayor’s Office.
SECTION 2. MEMBERS
a. There shall be seven (7) members of the Commission. No earlier than March 1, 2008, four (4) members of the founding Commission will be chosen through a random drawing to begin a new two-year term and three (3) members will begin a new one-year term. Thereafter all terms shall be two years by regular rotation; no future random drawings shall be required. The Mayor may also appoint additional ex officio (non-voting) members from the City of Fresno staff and other governmental entities.
b. Members will be appointed by the Mayor. Members will be confirmed by City Council.
c. At least 60% of the Commission will be made up of persons with disabilities.
d. The Commission membership shall include representatives or advocates from different disability groups, including physical, sensory and mental disabilities.
e. Members of the Commission must be residents of the City of Fresno or an executive staff member representing a non-City governmental or nonprofit agency serving people with disabilities in the City of Fresno.
f. Members of the Commission must have the proper skills, knowledge and abilities to understand the scope of the Americans with Disabilities Act of 1990 (ADA) and City governmental structure, its programs and policies. Commission members must be willing to maintain professional decorum with both the public and City staff.
g. If a member must be absent from a meeting, he or she shall notify the Chairperson, or the Secretary. A Commission member is subject to dismissal if that member has three unexcused absences of regular meetings out of a series of ten. A Commission member is recorded absent from a meeting if not actually present for at least fifty-one percent of a meeting.
h. A member of a Commission may resign by submitting a letter of resignation to the Mayor’s office with a copy to the chairperson for the committee.
i. Members of the Commission shall serve without compensation. However, Commission members may receive payment of necessary expenses incurred in the conduct of pertinent business if previously authorized in writing by the City Manager. Members of working committees or task forces, who are not Commission members, are not eligible for reimbursement of expenses.
j. Members will provide completed Statements of Economic Interest pursuant to the Political Reform Act.
ARTICLE V – OFFICERS
SECTION 1. The officers of the Commission shall be a Chairperson and a Vice-Chairperson, who shall be members of the Commission elected by the Commission as soon as practicable, following the first day of July of every year, and who shall serve at the pleasure of the Commission.
SECTION 2. The chairperson, with assistance of City staff, shall preside over all meetings of the Commission and shall submit such agendas, recommendations, and information as are reasonable and proper for the conduct of business. Unless otherwise designated, he or she shall be the official spokesperson for the Council. The chairperson will coordinate with the Mayor’s staff in making public statements or documents relative to the work of the Commission. The chairperson shall serve as an ex-officio member on all subcommittees.
SECTION 3. The vice chairperson shall assist the chairperson as needed and shall perform the duties of the chairperson in his or her absence.
SECTION 4. There shall also be a Secretary designated by the Mayor’s Office, who shall not be a member of the Commission. The Secretary shall provide general assistance, supplies, and meeting space as necessary. The Secretary is the record keeper for the Commission and is responsible for keeping the minutes of each meeting and records of any recommendations of the Commission.
ARTICLE VI – MEETINGS
SECTION 1. Time and date of meetings shall be set by the Commission unless otherwise provided in the Organizational Form. The Commission will hold a minimum of nine (IX) meetings per calendar year.
SECTION 2. The City will, upon request, provide auxiliary aids and services to the Commissioners and audience members with disabilities to ensure effective communication. These may include, but are not limited to, qualified sign language interpreters, assistive listening devices, and materials alternative formats. In addition, the City will consider requests for reasonable modifications of its procedures and policies in order to provide access to persons with disabilities.
ARTICLE VII – QUORUM/VOTING
SECTION 1. A quorum shall consist of a majority of sitting Commission members.
SECTION 2. An affirmative vote by a simple majority of the members present and eligible to vote shall be required for approval of any question brought before the Commission.
ARTICLE VIII – AMENDMENTS
SECTION 1. Amendments to these bylaws shall be made upon the approval of two-thirds of the members of the Commission. All amendments to these bylaws shall become effective at the first regular meeting following the vote to amend.
ARTICLE IX – PARLIAMENTARY AUTHORITY
SECTION 1. Points not covered by these bylaws shall be determined in accordance with the current edition of “Robert’s Rules of Order.”