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NCD Bylaws

Wednesday, July 13, 2022

Marked Revised 6.17.23

BYLAWS OF THE NATIONAL COUNCIL ON DISABILITY

PREAMBLE

The National Council on Disability (the “Council”) is an independent federal agency composed of 9 Council Members appointed by the President and Congress. The Council is charged with promoting policies, programs, practices, and procedures that guarantee equal opportunity to all individuals with disabilities, and to empower individuals with disabilities throughout the country, in tribal lands and in United States territories, to achieve economic self-sufficiency, independent living, and inclusion and integration into all aspects of society.

These Bylaws are adopted in order to further the Council’s mission, goals and strategic plan by establishing orderly procedures by which the Council may meet its obligations and exercise its powers under applicable United States statutes, laws and regulations.  Nothing in these bylaws should be construed to expand these obligations, nor in any way to limit the powers granted to the Council by law or regulation, or to extend or delegate the powers of the Council in any way inconsistent with governing law or regulation. Further, though the bylaws contain certain delegation of Council power, authority, or responsibility to the Executive Director of the Council who may then further delegate such powers, or other staff, nothing in these bylaws shall be construed or interpreted to define the functions and activities of any staff that the Executive Director might from time to time hire and empower.

ARTICLE 1   DEFINITIONS

“Agency” means the National Council on Disability.

“Council” means the National Council on Disability.

“Council Member(s)” means any member(s) of the Council who have been appointed by the President and Congress and continue to serve in accordance with the Authorizing Statute.

“Chairperson” means the Chairperson of the Council.

“Vice-Chairperson” means the Vice-Chairperson of the Council.

“Executive Director” means the Executive Director of the Council.

The “Authorizing Statute” means 29 U.S.C. 780 et seq., as may be amended from time to time, attached hereto as Exhibit A.          

ARTICLE 2   NAME, PURPOSE AND ADMINISTRATIVE POWERS

Section 2.1   Name. This body shall be known as the “National Council on Disability” or “NCD”.

Section 2.2   Powers of the Council. All powers of the Council shall vest and be exercised collectively by the Council Members. These powers may be delegated as set forth in these Bylaws or by a vote of the Council pursuant to the procedures set forth herein.                    

A.         The Council Shall:

(1)        Carry out all duties and responsibilities of, exercise all powers in, and act in accordance with the Authorizing Statute;

(2)        On an ongoing basis, review all federal disability policies and programs and make recommendations to the President, Congress and other federal, state and/or other entities about how these policies and programs can more effectively promote equality of opportunity, independent living, economic self-sufficiency and independent living for all Americans with disabilities;

(3)        Take such other actions as are required by law; and

(4)        To the extent not prohibited by law, take such actions as are deemed consistent with the Authorizing Statute and these bylaws and necessary for meeting Agency obligations.

B.         The Council may:

(1)        Prescribe such bylaws and rules as may be necessary to carry out its duties;

(2)        Hold such meetings, hearings, forums, briefings, and act at such times and places, take such testimony, and receive such evidence as it deems advisable;

(3)        Appoint advisory committees or collaborate with other organizations, agencies and entities to assist the Council in carrying out its duties. The members of these advisory committees, who are not Council Members, shall serve without compensation and in accordance with all applicable laws and regulations;

(4)        Enter into contracts and cooperative agreements with federal state and tribal agencies, private firms, institutions, and individuals for the conduct of research and questionnaires, preparation of reports and other advice or activities necessary to the discharge of the Council’s duties and responsibilities; and

(5)        Exercise other administrative powers consistent with statutory authorization, federal regulations and applicable law.

ARTICLE 3   MEMBERSHIP AND OFFICERS

Section 3.1   Council Members:

A.       Council Members shall actively engage in the business of the Council, including involvement in a minimum of one committee and/or subcommittee.

B.         Full Council Member engagement shall include but not be limited to:

(1)        To the maximum extent possible, attendance at all regular and special meetings of the Council;

(2)        Participation in an orientation session about the Council’s business, practices and procedures as soon as practicable following appointment as a Council Member;

(3)        Assisting the Chairperson, as reasonably requested by the Chairperson, in developing a unified vision for the Council’s priorities and fulfilling statutory obligations to develop and maintain a strategic plan;

(4)        Endeavoring to learn and follow significant and timely developments regarding disability policies and programs to inform participation in Council business, including reading internal updates developed by Council staff;

(5)        Collaborating with other Council Members to identify priorities that reflect the interests of all Council Members and the stakeholders identified in the Authorizing Statute;

(6)        Assisting the Chairperson in carrying out any Council duties and obligations, as reasonably requested by the Chairperson, including service on committees and/or subcommittees designed to further the work of the Council.

(7)        Abiding by guidance from the Chairperson about respecting lines of communication with staff, including decision-making processes about allocation of staff resources at the direction of the Executive Director; and

(8)        Assisting the Chairperson and Executive Director in preparation of, and adherence to, financial, budgetary, and compliance guidelines.

3.2 The Chairperson

A.         Pursuant to NCD’s authorizing statute, the Chairperson of the Council is designated by the President of the United States from among the Members of the Council.

B.         The Chairperson shall serve as the Agency chief, and in that capacity shall:

(1)        Represent the Council to the Congress, President, Federal agencies, stakeholders, and others interested in the business of the Council;

(2)        Ensure that the Council satisfactorily meets all statutory obligations, including timely submission of an annual progress report;

(3)        Ensure that relevant stakeholder interests are taken into account in Council deliberations in order to ensure that the broadest possible spectrum of diverse interests in the disability community are considered and addressed; and

(4)        Be accountable to the President and to Congress for the Council’s stewardship of the Council’s budget.

C.        The Chairperson shall preside over the Council, and in that capacity shall:

(1)        Call all regular and special meetings of the Council, in consultation with Council Members;

(2)        Preside over all Council meetings or ensure that appropriate provision is made for the Vice-Chairperson to do so; and

(3)        Ensure that an adequate record of Council proceedings be made and maintained and see that such record is distributed to Members and such other persons as the Council may direct, consistent with the law and other rules of the Council and any and all applicable laws and regulations thereto.

D.        The Chairperson shall lead the Council and, in that capacity, shall:

(1)        In good faith, endeavor to  carry out all actions taken by the Council at regular or special meetings;

(2)        Work with all Council Members to establish a vision and set priorities to guide the Council’s work, and be accountable to the Council for ensuring that the Council’s strategic plan is developed, updated, and followed;

(3)        Consult with individual Council Members regularly about the Council’s business and ensure that all Council Members have opportunities to engage in the work of the Council; and

(4)        Solicit input from Council Members in establishing and making appointments to all committees and subcommittees

D.        The Chairperson shall be responsible for the appointment, supervision, and, at his/her discretion, removal of the Executive Director, including:

(1)        Regular meetings with the Executive Director to ensure full and regular communication and that Members and staff are working together effectively;

(2)        Provision of assistance in implementation of decisions regarding the allocation of staff resources, especially with regard to Members;

(3)        The preparation in consultation with Council Members of an annual performance evaluation of the Executive Director and the review of such evaluation with the Executive Committee and Executive Director; and

(4)        Collaboration and consultation with the Executive Director, Executive Committee and others to identify any emerging issues that may adversely affect the ability of the Council to satisfy its duties and obligations and take actions as appropriate to remedy such issues.

E.         The Chairperson shall carry out all other functions required of him/her by the Authorizing Statute and these bylaws.

F.         The Chairperson may, in a manner consistent with these Bylaws, delegate his/her responsibilities to other Council Members, including delegating presiding at Council Meetings in his or her absence to the Vice-Chairperson; to other Council Members if the Vice-Chairperson is unavailable to preside; or to the Executive Director.

G.        The Chairperson may designate advisors to assist the Council with approval by simple majority vote of the Executive Committee. Advisors may be invited to attend and to participate in Council activities, including those to which other non-members have not been invited in accordance with the Council’s regulations and any applicable laws. 

Section 3.3 The Vice-Chairperson

A.         A Vice-Chairperson shall be appointed by the Chairperson.

B.         The Vice-Chairperson shall:

(1)        Perform such duties as are assigned by these bylaws or as delegated from time to time by the Chairperson;

(2)        Serve a one-year term, which at the discretion of the Chairperson, may be renewed for one or more successive one-year term(s);

(3)        Preside, in the absence of the Chairperson, at meetings of the Council and perform such other duties as from time to time may be requested of him/her by the Chairperson.

ARTICLE 4 – EXECUTIVE DIRECTOR

Section 4.1.  Authority and Responsibilities

A.         The Executive Director shall be the chief administrator of the Council, responsible to, and under the general direction of, the Chairperson. 

B.         The Executive Director shall exercise general supervision, direction, and control of the day-to-day business and management of the Council in accordance with guidance by the Council and all applicable laws, regulations and policies.

C.        The Executive Director shall be responsible for the advancement and implementation of the policies established by the Council, and for the faithful execution of the decisions and directions of the Council and is hereby broadly empowered with such executive authority as necessary to faithfully discharge this responsibility. This executive authority shall expressly include, but not be limited to, management of the Council’s approved budget.

D.        The Executive Director shall assist the Chairperson and Council Members in representing the Council, including in its relations with the Congress of the United States, the White House, with the Office of Management and Budget, with agencies and departments of the Government, community stakeholders and with all others having business with the Council.

E.         The Executive Director shall be responsible for:

(1)        Coordinating with the Chairperson and any other Council Member designated by the Chairperson in developing an agenda for the regular Council meetings;

(2)        Maintaining policies, practices and procedures for the day-to-day operations of the Council’s office. This management function includes:

(a)        Develop and maintain an Administrative Procedures Manual and a Financial Procedures Manual to govern Council operations.  The content of the Administrative Procedures Manual shall be at the discretion of the Executive Director, while the Financial Procedures Manual and any substantive amendments thereto must be approved by a vote of the Council.

(b)        Supervision of the staff including assignment of staff duties, training and provision for the human resources and needs of the staff including timely responding to requests for reasonable accommodations;

(c)        Establishing staff performance standards and performing regular (annual) evaluation to ensure that they are met;

(d)        the maintenance of administrative policies and procedures manual to govern the performance of all employees, supervise their compliance with all applicable laws and regulations, and ensure compliance with all applicable legislative and regulatory requirements; and

(e)        ensuring the availability of such staff support services and other services including but not limited to reasonable accommodation as are necessary for the Council Members to perform their duties;

(3)        Hiring technical and professional employees to assist the Council to carry out its duties. Such appointments shall be made in accordance with the provisions of Title 5 of the United States Code, including chapters 51 and 53; all applicable laws and regulations; and Council guidance; and

(4)        the facilitation of Council obligations including the Council’s Annual Progress Report.

ARTICLE 5 – COUNCIL PROCEDURE

Section 5.1.  Actions of the Council to Be Undertaken at Meetings

A.         The Council shall develop and maintain a list of Council actions which must be undertaken by formal vote by the Council as described in this Article to be effective and bind the Council. A current and updated copy of this list shall be appended to these bylaws as Appendix B.

B.         Upon formal vote, consistent with Section 6.2.D below and to the extent allowed by law and these Bylaws, including Section 5.3, the Council may provide advance delegated authority to the Chairperson or the Executive Committee to act on the Council’s behalf and in the name of the Council without a subsequent vote of the Council, even on matters appearing in the list on Appendix B, provided such delegation is deemed necessary and appropriate to carry out the interests of the Council.

C.        Under all circumstances, the Council’s vote shall be required to approve the Council’s annual budgets and spending plan and all published research, papers, and formal opinions published in the name of Council . The Council’s vote shall not be required for the Chairperson to initiate, author or cause to be authored, and issue letters and/or other communication in furtherance of the business of the Council, provided such letters and/or other communication does not establish, or purport to establish, new policy or represent a change of existing policy of the Council, not otherwise approved by the Council Members as required under these Bylaws.

Section 5.2.  Regular Meetings

A.         The Council shall meet at the call of the Chairperson at least four times during each fiscal year. The Chairperson and the Executive Director shall establish, in consultation with the Council, an annual schedule of the dates of these regular meetings prior to the October 1st commencement of each fiscal year, to be changed only for good cause.

B.         Except as otherwise provided herein, any business of the Council may be transacted at any regular or special meeting of the Council.  Meetings of the Council shall be presided over by the Chairperson, or, in the Chairperson’s absence, by the Vice-Chairperson.  The Chairperson may designate a member of the Council who, in the absence of the Chairperson and the Vice- Chairperson, shall act as Chairperson of the Council for calling and presiding over the meetings or other functions of the Council.

C.        Regular meetings may occur in person, or where permitted by law, by telephone, or virtually (utilizing, if applicable, Government approved videoconferencing platform such as Microsoft Teams, Zoom, WebEx, etc.) at the direction of the Chairperson in consultation with the Executive Director. 

D.        The Chairperson shall strive, in good faith, to hold at least two meetings per fiscal year  in person.

E.         No Council Member shall be in any way excluded from attendance and full participation in a meeting of the Council regardless of the means or format of the Council meeting, and each Council Member shall be provided with reasonable  accommodations so that the  Member may fully participate in the meeting.

F.         Whenever possible, meeting materials and agenda shall be made available, via electronic, multi-media or regular mail version to all Council members no less than ten days in advance of the scheduled regular meetings, in a fully accessible format, and in no event shall meeting materials and agendas be made available in less than seven days.

G.        Minutes of all regular meetings shall be duly recorded in a format and timeframe to be determined by the Chairperson, and where appropriate, published, and distributed in accordance with applicable laws and regulations. Publication by means of posting minutes electronically on the Council website shall be deemed sufficient publication.

5.3.      Special Meetings

A.         Special meetings of the Council may be held at any time in any appropriate manner (with the required notice period) upon call of the Chairperson, or at the written request of four of the Council Members.

B.         The notice shall include the time, date and place of the meeting, as well as the purpose(s) for which the meeting is being called.

C.        Special meetings may be held in person or virtually (utilizing, if applicable, Government approved videoconferencing platform such as Microsoft Teams, Zoom, WebEx, etc.), in accordance with the provisions of these Bylaws.

D.        Only business related to the purpose(s) for which the special meeting was called shall be considered at the meeting.

E.         A quorum shall be required for the transaction of business at a special meeting, in accordance with the provisions of these Bylaws.

5.4.      Conduct of Meetings

A.         All Meetings.

(1)        All in person or virtual regular and special Council meetings shall be conducted under the direction of the Chairperson, or his or her designee, in compliance with these Bylaws.

(2)        In accordance with the “Government in the Sunshine Act” (5 U.S.C. §552b) (the “Sunshine Act”), the deliberations of at least a quorum of Council Members, which determine or result in the joint conduct or disposition of official Agency business shall constitute a meeting of the Council, with limited exceptions outlined in the Sunshine Act.

(3)        The Council shall develop procedural conduct rules, by which Council meetings shall be governed.  Such rules shall be adopted and may be amended by a simple majority vote of the Council and a current and updated copy of such rules shall be appended to these Bylaws as Appendix C.

(4)        Meetings shall be conducted in an orderly, courteous and professional manner, with call to order, free and open discussion, action and adjournment, and all other conduct in general accordance with the procedural conduct rules.

(5)        Wherever possible, votes to be presented to the Council at regular meetings shall be included in the published meeting materials; whenever possible, amendments to votes shall be presented in written form to the Chairperson at the meeting and reflected verbatim in the minutes of the meeting.

B. Virtual Meetings.

(1)        The Council may hold, and Council Members may attend, regular or special meetings virtually (utilizing, if applicable, Government approved videoconferencing platform such as Microsoft Teams, Zoom, WebEx, etc.) using electronic or telephonic means, provided that they are able to communicate with one another in real-time and that their participation is deemed equivalent to be physically present.

(2)        Council Members attending virtually shall be considered present for purposes of establishing a quorum, participating in discussions, voting, and otherwise conducting the business of the Council.

(3)        Council Members attending virtually shall have the same rights and privileges as those attending in person, including the right to participate fully in discussions and deliberations and to vote on all matters before the Council.

(4)        Council Members attending virtually shall be subject to the same rules of decorum and conduct as those attending in person, including rules governing the use of electronic and telephonic devices.

(5)        In the event of technical difficulties or other disruptions that prevent a Council Member from fully participating in a virtual meeting, the Council Member may be deemed absent for purposes of establishing a quorum and voting on matters before the Council.

(6)        Council Members attending it virtually, using electronic or telephonic means, shall be deemed to have consented to the recording of that meeting.

(7)        All regular or special virtual meetings of the Council shall be recorded by the Council and made available for viewing by the public, subject to applicable laws and regulations governing the preservation and disclosure of public records.

(8)        In the event of technical difficulties or other disruptions or prevent the recording of all or part of a virtual meeting, the Council shall make a good faith effort to reconstruct the proceedings and create a complete and accurate record of the meeting.

5.5.      Notification of Meetings

A.         Members of the Council shall receive at least 10 days’ advance notice (by regular mail or electronic transmission) of regular meetings, and at least 24 hours advance notice by electronic mail of special meetings.

B.         Public Notice of Council meetings will be provided through announcements in the Federal Register in accordance with General Services Administration regulation Part 105-54, Subpart 105-54.3, and through the Council’s website.

C.        Council meetings shall be open to public observation, except where the Council determines that a meeting or a portion thereof should be closed in accordance with the Sunshine Act. A simple majority of the Council members representing a quorum shall determine when a meeting or a portion thereof shall be closed to the public, in accordance with all applicable laws and regulations.

D.        At meetings open to the public, the Council may determine when non-members of the Council may participate in its discussion. Non-members are not expected to participate in Council meetings unless requested to do so by a Member of the Council and recognized by the Chairperson. The Council may set aside and prescribe time during its public meetings for submissions and statements from non-members.

Section 5.6.  Quorum

A.         For meetings of the full Council, five Council Members shall constitute a quorum for the transaction of business of the Council.

B.         For meetings of the Executive Committee, or any other Council committee or subcommittee, a quorum for the transaction of business shall consist of a majority of the assigned committee members.

C.        If a quorum is not present at the time appointed for a meeting, the Chairperson may proceed to conduct the meeting provided that no votes scheduled to be taken at the meeting shall be called until such time as a quorum is present. At the Chairperson’s discretion, if a quorum is not present, he or she may declare a recess or adjourn the meeting to a later time or date.

D.        A Council Member may participate in a meeting through the use of telephone or virtually (utilizing, if applicable, Government approved videoconferencing platform such as Microsoft Teams, Zoom, WebEx, etc.).  A Council Member participating in a meeting by such means is deemed to be present in person at the meeting for all purposes, including establishment of a quorum and voting, unless and until such Council Member ceases to attend the meeting by these means.

Section 5.7   Proxy Voting

A.         Council Members may vote by proxy on matters before the Council to the extent permitted by law and these Bylaws  The Council’s General Counsel or Executive Director may prescribe a form to be used by Council Members desiring to vote by proxy.

B.         Such proxy votes shall pertain to a written vote presented for action at a Council, Executive Committee or subcommittee meeting, and in the event such vote is amended, the proxy vote shall be null and void and may not be counted for, against, or as abstention to the amended vote.

C.        Separate proxy votes must be presented for each intended written call for a vote.

D.        The proxy shall identify the Council Member granting the proxy, the Council Member to whom the proxy is granted, the specific matter or matters on which the proxy is authorized to vote and must be signed (physically or electronically) by the  Council Member granting the proxy.

E.         The proxy shall be submitted to the Chairperson, or the Vice- Chairperson if presiding over the meeting, prior to the start of the meeting at which the vote will take place.

F.         A Council Member may not grant more than one proxy for any given vote.

G.        Proxies shall be counted for the purpose of establishing a quorum.

Section 5.8 Record of Votes

A.         Votes of the Council shall be officially recorded as set forth in these Bylaws. Votes shall be taken in the presence (virtual or in-person) of a quorum with the affirmative vote of a simple majority of the members present unless otherwise prescribed by these Bylaws or applicable law or regulation.

B.         The action of the Council shall be recorded in the Minutes of the Council meetings, duly noted as to any votes recorded against or any abstentions with regard to each vote presented.            

C.     To the extent not otherwise prohibited by the “Government in the Sunshine Act” (5 U.S.C. 552b) or other applicable law, voting may take place outside of Council meetings in person, via telephone, virtually (utilizing, if applicable, Government approved videoconferencing platform such as Microsoft Teams, Zoom, WebEx, etc.) via e-mail or by written consent.  When a vote takes place by telephone or  virtually, each Council member must be capable of active participation with full accessibility. Each Council Member shall state or communicate their vote, and the Chairperson shall announce the vote result, including the number of votes in favor, against and abstaining, and whether it has carried. At the discretion of the Chairperson, the tabulation of a vote may occur after the conclusion of a meeting, and the results thereof communicated to the Council Members via electronic mail.

D.     To the extent not otherwise prohibited by the “Government in the Sunshine Act” (5 U.S.C. 552b) or other applicable law, the Chairperson may call for a vote by electronic means, including email or other electronic communication, without the requirement of a prior motion, provided that the Chairperson determines that such means are appropriate and necessary to facilitate the business of the Council.

E.         In the event that the Chairperson calls for a vote by electronic means, the following procedures shall govern:

(1)        The Chairperson shall provide Council Members with the text of the proposed action to be voted upon, as well as any necessary background information or documentation, at least 24 hours prior to the vote;

(2)        Once at the electronic vote has been called by the Chairperson, the proposed action to be voted upon may not be amended. If a Council Member wishes to propose an amendment to the proposed action, they may do so only at a properly convened meeting of the Council;

(3)        Unless stated otherwise in the communication transmitting the electronic vote, Council Members shall have 48 hours to respond to the electronic vote. The response must be provided to the Chairperson, the Executive Director and General Counsel. Response to the electronic vote to all other Council Members shall be at the discretion of the voter;

(4)        Upon expiration of the deadline for voting by e-mail, and only upon verification of sufficient votes to meet quorum, the Chairperson shall tally the votes, and  inform the Council the results of the vote, including each vote in favor, against and abstaining;

(5)        The Chairperson shall cause the action to be recorded in the Minutes of the next meeting following the action; and

(6)        The Chairperson may delegate responsibilities related to electronic voting to the Executive Director or the General Counsel, provided the Chairperson determines that such delegation is appropriate and necessary to facilitate the business of the Council. When delegated, the Executive Director or General Counsel shall follow all procedures and guidelines established by the Council for electronic voting.

Section  5.9  Conflict of Interest

A.         A Council Member who has a direct or indirect financial or personal interest in a matter before the Council shall disclose the nature and extent of the interest to the Chairperson, Vice Chairperson, General Counsel and the Executive Director prior to any discussion or vote on the matter.

B.         After disclosure of a conflict of interest, the Council Member shall recuse themselves from any discussion or vote on the matter. Notwithstanding the recusal, the conflicted Council Member shall be counted for the purpose of determining the existence of a quorum.

C.        If the majority of the Council Members present at the meeting have a conflict of interest on a matter, the Council shall not take action on that matter.

D.        Council Members shall comply with all applicable laws and regulations governing conflicts of interest, including reporting requirements and procedures established by the Agency.

E.         All Members shall, on an annual basis after assuming office, file with the Designated Agency Ethics Official, (“DAEO”) a list of those activities and relationships which might reasonably raise an issue of conflict of interest or the appearance of a conflict of interest with respect to the mandate and activities of the Council. This provision does not replace required financial disclosure reports each Council Member is required to submit to the DAEO (the OGE Form 450)

ARTICLE 6 – COUNCIL COMMITTEES

Section 6.1   Establishment and Appointment of Committees

A.         The Council may establish committees as necessary to carry out the business of the Council, in accordance with these Bylaws. Committees may be established by vote of the Council and shall be subject to the provisions of the Bylaws governing meetings, quorums and voting.

B.         The Chairperson may also establish ad hoc committees as deemed necessary based upon the priorities set forth by the Council or as otherwise deemed in the interests of the Council by the Chairperson. Ad hoc committees shall operate at the direction of the Chairperson and are not required to develop a formal Charter.

C.        The Chairperson shall appoint the members and chair of each committee, in consultation with the Council, unless otherwise provided for in these Bylaws.

D.        Committee chairs, together with assigned Council staff, shall be responsible for convening and conducting meetings of the committee, and reporting back to the Council on the activities and recommendations of the committee.

E.         The terms of committee appointments shall coincide with the fiscal year, except that the Chairperson may appoint new leadership and membership at any time. The terms of committee appointments for ad hoc committees shall be established on a case-by-case basis and shall expire at the close of each fiscal year unless extended by the Chairperson.

F.         The Chairperson may consult with the Council Members and/or the Executive Director about the appointment and reappointment of chairpersons and members of ad hoc committees. The Chairperson shall ensure that committee chairpersons and members are appointed to help achieve the Council’s statutory mandate in the most effective and efficient manner and to afford meaningful opportunities for all Council Members to contribute to the Council’s affairs. Council Members may serve on committees on a rotating basis as the Chairperson determines best serves the Council’s mission. The Chairperson shall coordinate with the Executive Director regarding staff participation in Council committees.

G.        Standing committees of the Council shall include the Executive Committee and the Committee on Tribal Lands, Indigenous Peoples and the Territories.

Section 6.2 Executive Committee

A.         The Executive Committee shall:

(1)        Help coordinate and provide oversight for all functions of the Council and any Council committees along with the Executive Director as provided in Section 6.2.D;

(2)        Exercise any expressly delegated authority or implied implementation authority as specified in Section 6.2.E; and

(3)        Exercise limited authority to bind the Council where the contemplated action is consistent with the Council’s general direction as provided in 6.2.F.

(4)        Meet at the call of the Chairperson or a majority of the members of the Executive Committee.

B.         Members of the Executive Committee  shall consist of the Council’s Chairperson; the Council’s Vice Chairperson; and two Council Members serving as the Finance Representative and Governance Representative. The Council’s Chairperson shall serve as the Chairperson of the Executive Committee , except that in his or her absence, the Council’s Vice Chairperson shall serve as Chairperson of the Executive Committee.

C.        While the Executive Committee should aspire to reach consensus on matters before them, the business of the Executive Committee may be conducted by majority vote with at least three members voting in concurrence except as otherwise indicated herein. Such vote may be taken in person, telephonically, or by electronic or multi-media communication, and shall be recorded in the Executive Committee minutes. Minutes are required to be prepared for each meeting of the Executive Committee and shall be retained pursuant to the policies and procedures established by the Agency. Minutes shall be disseminated to the full Council in a sufficiently timely manner to reflect the goals of transparency and quick dissemination to the Council.

D.        Coordination and Oversight. The primary purpose of Executive Committee meetings is to provide an effective vehicle for its members to coordinate their respective activities and responsibilities among each other and to ensure the full communication and dissemination of information about these activities to Council Members, the Executive Director and staff.  The Executive Committee shall provide oversight of the Council as follows:

(1)        Ensuring that the Council fulfills its financial, accounting and reporting responsibilities, which includes:

(a)        Reviewing and making recommendations on the financial, policies, procedures, reports and records of the Council, including review and approval to recommend to the full Council annual budgets, status of funds, and other financial statements, including the annual budget submissions to the Office of Management and Budget and Congress;

(b)        Providing oversight regarding the Council’s independent accountants.

(2)        Ensuring effectiveness of Council governing documents and exercising primary stewardship over these Bylaws, which includes:

          (a)         Recommending any indicated desirable changes in the Bylaws to the Council for a vote;

          (b)         Drafting of the policies and procedures governing the operation of the Council and the activities of the Council Members to maximize efficiency, effectiveness, transparency and participation; and

            (c)        Implementing of any governance policy or procedure adopted by the Council, including to the strategic plan, and conducting periodic review to ensure that all policies and procedures are up-to-date;

(3)        Reporting to the Council at the regular meetings any updates or actions taken;

(4)        Identifying potential policy related matters for the Council to develop and report upon; and

(5)        Development of and monitoring progress of the Agency’s programmatic/policy goals and operations to ensure alignment with the Council’s statute and strategic plan.

(6)        Working with Council members and staff to craft recommendations on policy development and implementation for Congress and Federal partners.     

E.         Exercise of Expressly Delegated Authority and General Implementation Authority.

(1)        The Executive Committee  shall faithfully execute any advance, delegated authority granted to it by the Council at a Council meeting.

(2)        Without limitation on any authority delegated by the Council by any mechanism including these Bylaws to a) the Chairperson b) the Executive Director, or c) any other parties appropriately empowered by the Council, the Executive Committee  shall take or initiate such actions as may be necessary to effectively implement actions taken by the Council at regularly scheduled or special meetings of the Council. This delegated authority shall encompass such actions as may be required to implement the programs or policies adopted at a Council meeting, as well as any powers required to facilitate the administration of the Council.

 (3)       This section shall not be construed to grant any authority to the Executive Committee  to bind the Council beyond the direction of the Council as may be reasonably inferred from Council meetings.

(4)        This section should not be construed as granting Executive Committee oversight of, or in any way governing the exercise by, the Executive Director of such powers and responsibilities expressly or implicitly delegated to that position.

F.         Binding Actions in the name of the Council Absent Specific Direction or Delegation from the Council.

(1)        In general, the Executive Committee  shall not take action beyond Sections 6.2.D and 6.2.E and should not function as a routine decision-making body in lieu of the full Council. There will nonetheless arise, on occasion, time-sensitive situations in which it may be in the best interests of the Council to take swift action but where it is impractical or impossible to convene a quorum of the Council before such action must be taken to be effective.

(2)        This section expressly authorizes the Executive Committee  to take actions that bind the Council in time-sensitive situations, but only to the extent the Executive Committee  makes an informed judgment that taking such action is consistent with the Council’s priorities and general direction and conforms to section 6.2.F.(3) below.  When such situations arise, the Executive Committee  shall first make a preliminary determination as to whether or not the proposed action commends full deliberation at a meeting of the Council irrespective of the preference to act swiftly.

(3)        In general, the  Executive Committee  shall not take actions under this section, 6.2.F, unless a) time-sensitive action is required; and b) such action could not reasonably be interpreted by Council Members to bind the Council to a policy position or other action not previously encompassed in or readily extrapolated from the Council’s prior deliberations or publications, or otherwise exceed the scope of actions reasonably contemplated by the Council as falling within this authority.

(4)        A determination by the Executive Committee pursuant to 6.2.F(2) and 6.2.F(3) that action under this section is warranted requires concurrence of the four members of the Executive Committee.

(5)        When the Executive Committee of  has determined taking an action to bind the Council under this section is warranted, the Executive Committee  shall give notice of the action contemplated to the full Council and consult with such individual Council Members or established committees as are determined to have significant interest or expertise for guidance about the substantive action to be taken.

(6)        Upon the unanimous decision of all members of the Executive Committee to invoke the authority given to the committee under this Section, a simple majority of the Executive Committee shall be sufficient to take a specific action. Actions taken pursuant to this Section bear the authority of the full Council because any such actions must, by definition, be consistent with Council action taken at a Council Meeting.

(7)        The Council may establish and amend from time-to-time specific guidelines for exercise of this authority, including specific examples of types of actions that may or may not be permitted under this Section. The Council may also adopt and maintain a list of principled positions on disability policy, with which any actions taken under this Section must be consistent.

G.        Ultra Vires Exercise of Power. Any and all Council powers not expressly delegated by the Council to the  Executive Committee  remain vested with the full Council, or any other individual to whom the Council has delegated such power.  If a majority of the Council Members object to any action of the Executive Committee  on the ground that it has exceeded the lawful delegation of power to the Executive Committee  in these bylaws or by operation of any applicable law or regulation, such action shall be stayed to the maximum extent feasible until a quorum of the Council is convened. However, any action taken by the Executive Committee  pursuant to these Bylaws shall be effective whenever so specified and is not dependent on documented absence of objection. The Executive Committee  shall not seek to avoid scrutiny by hastening implementation before any reasonable objection can be registered.

Section 6.3     Committee on Tribal Lands, Indigenous People and the Territories.

A.         There shall be a standing committee on Tribal Lands, Indigenous People and the Territories to ensure that the work of the Council incorporates issues specific to these communities.

B.         The Chairperson shall appoint three Council Members to serve on the committee, and a chair of the committee.

C.        The chair of the committee shall be responsible for convening and conducting meetings of the committee and for reporting back to the Council on activities and recommendations of the committee.

ARTICLE 7 - POLICY REPORTS; ANNUAL PROGRESS REPORT

Section 7.1 Annual Progress Report.        

A.         Pursuant to the Council’s Authorizing Statute, the Council shall, no later than October 31, prepare and submit to the President and the appropriate committees of the Congress a report entitled “National Disability Policy: A Progress Report“ (Progress Report).

B.         The Progress Report shall assess the status of the country in achieving the policies set forth in section 400(a)(2) [29 USCS § 780(a)(2)], with particular focus on the new and emerging issues impacting on the lives of individuals with disabilities. The Progress Report shall present, as appropriate, available data on health, housing, employment, insurance, transportation, recreation, training, prevention, early intervention, and education. The Progress Report shall include recommendations for policy change. 

C.        At the first quarterly meeting of each calendar year, the Council shall actively solicit input from the disability community (including, but not limited to, individuals with disabilities, representatives of organizations representing a broad range of individuals with disabilities, and organizations and agencies interested in individuals with disabilities), to identify and prioritize the issues and concerns affecting the disability community. .

D.        The Council shall consider the input received from the community during that meeting and engage in a deliberative process to determine the topic for the Council’s Progress Report. The determined topic for the Progress Report shall be based on the issues and priorities identified by the disability community, as well as the Council’s assessment of the significance, urgency and impact of those issues.  .

Section 7.2     Policy Reports.

A.         In addition to the Progress Report, the Executive Committee shall determine, with input from the Executive Director and the Agency Staff, the number of additional policy reports, if any, the Council shall endeavor to issue in each fiscal year.

B.         If the Executive Committee votes to approve the development of one or more policy reports in addition to the Progress Report, each Council Member shall have the opportunity to submit one or more proposals of topics for policy reports for the Council to be authored during the next fiscal year.

C.        Council Members are encouraged to consult with the disability community when arriving at those topics, in order to ensure that the reports are responsive to the needs and concerns of the disability community.

D.        The proposals shall be submitted in writing to the Chairperson and the Director of Policy, in a format as directed by the Director of Policy, no later than a date as established by the Director of Policy in consultation with the Executive Director.

E.         All proposals timely submitted shall be included in meeting materials for the Council’s next quarterly meeting and disseminated to applicable staff by the Policy Director. At that Council meeting, Council Members tendering one or more report proposals shall present their proposal(s) to the Council Members for their consideration and vote.

F.         Pursuant to the voting requirements set forth in these Bylaws, the Council Members shall vote to approve one or more policy reports to be issued by the Council in the subsequent fiscal year. The topic (or if the Executive Committee voted to approve more than one policy report) topics receiving the most votes shall serve as the slate of reports that the Council shall issue in the next fiscal year.

ARTICLE 8 - PROHIBITIONS

Section 8.1.  Prohibition Against Political Activity

No Council Member, director, employee, contractor or any other person shall, on behalf of the Council, take a position for or against any political party or candidate for political office. Nothing in this section shall preclude the right of an individual to express his opinion in his private capacity or in a public capacity separate and distinct from his or her position with the Council.

Section 8.2     Prohibition on Use of Political Test or Political Qualification.

No political test or political qualification may be used in selecting, appointing, promoting, or making any other personnel action with respect to any Council Member, director, employee, or agent.

ARTICLE 9 - SEAL

The Council shall have a corporate seal in a form adopted by the Council.

ARTICLE 10 - AMENDMENTS

Any Council Member may propose amendments to these bylaws, by written submission to the Council not less than 10 days prior to a meeting of the Council. Any such proposed amendment must be offered in a motion to amend at a meeting of the full Council. A motion to amend these bylaws shall carry only if supported by a recorded vote of the greater of: 1) seven Council Members, or 2) two thirds of those Council Members providing a quorum and casting a vote upon the motion.

ARTICLE 11 - APPLICATION AND SEVERABILITY

Section 11.1   Interpretation.

To the maximum extent possible, the language of these bylaws shall be interpreted as consistent with the statutory authorization, and any and all other laws and regulations governing the Council. To the extent that anything within these bylaws is found to be inconsistent with said laws and regulations as they may from time to time be amended, any court of competent jurisdiction, agency or other body interpreting or applying these bylaws shall modify the conflicting language to the minimum extent necessary to ensure compliance with the law, and any language of these bylaws not expressly conflicting with the amended statute or regulation will remain in full force and effect.

Section 11.2   Severability.

If any provision of these Bylaws is held to be invalid, illegal or unenforceable by a court or agency of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision of these Bylaws. The invalid, illegal or unenforceable provision shall be deemed severed from these Bylaws and the remaining provisions shall continue in full force and effect.

APPROVED BY ACTION OF COUNCIL AT:
DATED:
AMENDED:

Adopted:       November 14, 1980
Adopted:       September 21, 1981
Adopted:       December 14, 1982
Adopted:       August 6, 1984
Adopted:       November 30, 1988
Adopted:      November 5, 1991
Adopted:      March 11, 1993
Adopted:      July 26, 1995                                                                                               
Adopted:       October 10, 1996
Adopted:       November 5, 2001
Adopted:       July 14, 2008
Adopted:       June 20, 2011
Revised and Restated: July 26, 2012
Adopted:       April 30, 2013
Adopted:       July 24, 2014
Adopted:       December 2, 2016
Adopted:        May 12, 2017
Adopted:        July 13, 2023. 

Bylaws Appendix A: NCD Authorizing Statute

From the Rehabilitation Act of 1973 (as amended by the Workforce Innovation and Opportunity Act, P.L. 113-128):

Sec. 780 - Establishment of National Council on Disability

  • Membership; purpose

    • (1)

      • There is established within the Federal Government a National Council on Disability (referred to in this title as “National Council”), which, subject to subparagraph (B), shall be composed of 9 members, of which: 
        i.    5 shall be appointed by the President;
        ii.    1 shall be appointed by the Majority Leader of the Senate;
        iii.    1 shall be appointed by the Minority Leader of the Senate;
        iv.    1 shall be appointed by the Speaker of the House of Representatives; and 
        v.    1 shall be appointed by the Minority Leader of the House of Representatives 
      • The National Council shall transition from 15 members (as of the date of enactment of the Workforce Innovation and Opportunity Act) to 9 members as follows: 
        i.    On the first 4 expirations of National Council terms (after that date), replacement members shall be appointed to the National Council in the following order and manner:
             1.    1 shall be appointed by the Majority Leader of the Senate
             2.    1 shall be appointed by the Minority Leader of the Senate
             3.    1 shall be appointed by the Speaker of the House of Representatives.
             4.    1 shall be appointed by the Minority Leader of the House of Representatives.
        ii.    On the next 6 expirations of National Council terms (after the 4 expirations described in clause (i) occur, no replacement members shall be appointed to the National Council.
      • For any vacancy on the National Council that occurs after the transition described in subparagraph (B), the vacancy shall be filled in the same manner as the original appointment was made.
      • The members of the National Council shall be individuals with disabilities, parents or guardians of individuals with disabilities, national leaders on disability policy, or other individuals who have substantial knowledge or experience relating to disability policy or issues that affect individuals with disabilities. The members of the National Council shall be appointed so as to be representative of individuals with disabilities, national organizations concerned with individuals with disabilities, providers and administrators of services to individuals with disabilities, individuals engaged in conducting medical or scientific research relating to individuals with disabilities, business concerns, and labor organizations. A majority of the members of the National Council shall be individuals with disabilities. The members of the National Council shall be broadly representative of minority and other individuals and groups. 
    • The purpose of the National Council is to promote policies, programs, practices, and procedures that—
    • guarantee equal opportunity for all individuals with disabilities, regardless of the nature or severity of the disability; and
    • empower individuals with disabilities to achieve economic self-sufficiency, independent living, and inclusion and integration into all aspects of society. 
  • Term of office
  • Each member of the National Council shall serve for a term of 3 years.

  • (2)

    • No member of the National Council may serve more than two consecutive full terms beginning on the date of commencement of the first full term on the Council. Members may serve after the expiration of their terms until their successors have taken office.
    • As used in this paragraph, the term “full term” means a term of 3 years.
  • Any member appointed to fill a vacancy occurring before the expiration of the term for which such member’s predecessor was appointed shall be appointed only for the remainder of such term. 
  • Chairperson; meetings

The President shall designate the Chairperson from among the members appointed to the National Council. The National Council shall meet at the call of the Chairperson, but not less often than four times each year.

  • Quorum; vacancies

Five members of the National Council shall constitute a quorum and any vacancy in the National Council shall not affect its power to function.

Sec. 781- Duties of the National Council

  • In general

The National Council shall—

  • provide advice to the Director with respect to the policies and conduct of the National Institute on Disability, Independent Living, and Rehabilitation Research, including ways to improve research concerning individuals with disabilities and the methods of collecting and disseminating findings of such research;
  • provide advice to the Commissioner with respect to the policies of and conduct of the Rehabilitation Services Administration;
  • advise the President, the Congress, the Commissioner, the appropriate Assistant Secretary of the Department of Education, and the Director of the National Institute on Disability and Rehabilitation Research on the development of the programs to be carried out under this chapter;
  • provide advice regarding priorities for the activities of the Interagency Disability Coordinating Council and review the recommendations of such Council for legislative and administrative changes to ensure that such recommendations are consistent with the purposes of the Council to promote the full integration, independence, and productivity of individuals with disabilities;

  • review and evaluate on a continuing basis—

    • policies, programs, practices, and procedures concerning individuals with disabilities conducted or assisted by Federal departments and agencies, including programs established or assisted under this chapter or under the Developmental Disabilities Assistance and Bill of Rights Act of 2000 [42 U.S.C. 15001 et seq.]; and
    • all statutes and regulations pertaining to Federal programs which assist such individuals with disabilities; in order to assess the effectiveness of such policies, programs, practices, procedures, statutes, and regulations in meeting the needs of individuals with disabilities;
  • assess the extent to which such policies, programs, practices, and procedures facilitate or impede the promotion of the policies set forth in subparagraphs (A) and (B) of section 780 (a)(2) of this title;
  • gather information about the implementation, effectiveness, and impact of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.);
  • make recommendations to the President, the Congress, the Secretary, the Director of the National Institute on Disability and Rehabilitation Research, and other officials of Federal agencies or other Federal entities, respecting ways to better promote the policies set forth in section 780 (a)(2) of this title;
  • provide to the Congress on a continuing basis advice, recommendations, legislative proposals, and any additional information that the National Council or the Congress deems appropriate; and
  • review and evaluate on a continuing basis new and emerging disability policy issues affecting individuals with disabilities at the Federal, State, and local levels, and in the private sector, including the need for and coordination of adult services, access to personal assistance services, school reform efforts and the impact of such efforts on individuals with disabilities, access to health care, and policies that operate as disincentives for the individuals to seek and retain employment. 
  • Annual reports
  • Not later than October 31, 1998, and annually thereafter, the National Council shall prepare and submit to the President and the appropriate committees of the Congress a report entitled “National Disability Policy: A Progress Report”.
  • The report shall assess the status of the Nation in achieving the policies set forth in section 780 (a)(2) of this title, with particular focus on the new and emerging issues impacting on the lives of individuals with disabilities. The report shall present, as appropriate, available data on health, housing, employment, insurance, transportation, recreation, training, prevention, early intervention, and education. The report shall include recommendations for policy change.
  • In determining the issues to focus on and the findings, conclusions, and recommendations to include in the report, the National Council shall seek input from the public, particularly individuals with disabilities, representatives of organizations representing a broad range of individuals with disabilities, and organizations and agencies interested in individuals with disabilities.

Sec. 782 - Compensation of National Council Members

  • Rate

Members of the National Council shall be entitled to receive compensation at a rate equal to the rate of pay for level 4 of the Senior Executive Service Schedule under section 5382 of title 5, including travel time, for each day they are engaged in the performance of their duties as members of the National Council.

  • Full-time officers or employees of United States

Members of the National Council who are full-time officers or employees of the United States shall receive no additional pay on account of their service on the National Council except for compensation for travel expenses as provided under subsection (c) of this section.

  • Travel expenses

While away from their homes or regular places of business in the performance of services for the National Council, members of the National Council shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5.

Sec. 783 - Staff of National Council

  • Executive Director; technical and professional employees

    • The Chairperson of the National Council may appoint and remove, without regard to the provisions of title 5 governing appointments, the provisions of chapter 75 of such title (relating to adverse actions), the provisions of chapter 77 of such title (relating to appeals), or the provisions of chapter 51 and subchapter III of chapter 53 of such title (relating to classification and General Schedule pay rates), an Executive Director to assist the National Council to carry out its duties. The Executive Director shall be appointed from among individuals who are experienced in the planning or operation of programs for individuals with disabilities.
    • The Executive Director is authorized to hire technical and professional employees to assist the National Council to carry out its duties.
  • Temporary or intermittent services; voluntary and uncompensated services; gifts, etc.; contracts and agreements; official representation and reception
  • The National Council may procure temporary and intermittent services to the same extent as is authorized by section 3109 (b) of title 5 (but at rates for individuals not to exceed the daily equivalent of the rate of pay for level 4 of the Senior Executive Service Schedule under section 5382 of title 5).

  • The National Council may—

    • accept voluntary and uncompensated services, notwithstanding the provisions of section 1342 of title 31;
    • in the name of the Council, solicit, accept, employ, and dispose of, in furtherance of this chapter, any money or property, real or personal, or mixed, tangible or nontangible, received by gift, devise, bequest, or otherwise; and
    • enter into contracts and cooperative agreements with Federal and State agencies, private firms, institutions, and individuals for the conduct of research and surveys, preparation of reports and other activities necessary to the discharge of the Council’s duties and responsibilities.
  • Not more than 10 per centum of the total amounts available to the National Council in each fiscal year may be used for official representation and reception.
  • Administrative support services

The Administrator of General Services shall provide to the National Council on a reimbursable basis such administrative support services as the Council may request.

  • It shall be the duty of the Secretary of the Treasury to invest such portion of the amounts made available under subsection (a)(2)(B) of this section as is not, in the Secretary’s judgment, required to meet current withdrawals. Such investments may be made only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States.
  • The amounts described in paragraph (1), and the interest on, and the proceeds from the sale or redemption of, the obligations described in paragraph (1) shall be available to the National Council to carry out this subchapter.
  • Investment of amounts not required for current withdrawals

Sec. 784 - Administrative Powers of National Council

  • (a) Bylaws and rules

The National Council may prescribe such bylaws and rules as may be necessary to carry out its duties under this subchapter.

  • (b) Hearings

The National Council may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as it deems advisable.

  • (c) Advisory committees

The National Council may appoint advisory committees to assist the National Council in carrying out its duties. The members thereof shall serve without compensation.

  • (d) Use of mails

The National Council may use the United States mails in the same manner and upon the same conditions as other departments and agencies of the United States.

  • (e) Use of services, personnel, information, and facilities

The National Council may use, with the consent of the agencies represented on the Interagency Disability Coordinating Council, and as authorized in subchapter V of this chapter, such services, personnel, information, and facilities as may be needed to carry out its duties under this subchapter, with or without reimbursement to such agencies.

Sec. 785 - Authorization of Appropriations

There are authorized to be appropriated to carry out this subchapter $3,186,000 for fiscal year 2015, $3,432,000 for fiscal year 2016, $3,503,000 for fiscal year 2017, $3,581,000 for fiscal year 2018, $3,665,000 for fiscal year 2019, and $3,743,000 for fiscal year 2020.

Bylaws Appendix B: Matters on Which a Quorum and Vote of the Council Is Required

The National Council on Disability recognizes that not every routine activity undertaken by individual Staff or Council Members rises to the level of agency action which must be subject to a majority vote of a quorum of the Council.  The following is a list of actions which shall require a vote of the Council.  Nothing on this list precludes undertaking of other permitted actions by vote of the Council if so desired by the Council Members or the Chairperson.

  • The approval and dissemination of any new report, white paper, policy memo, toolkit or any other formal document intended to be made publicly available setting out a new position of the National Council on Disability.
  • Any new projects or project proposals which require the expenditure of at least $15,000 of Council funds or significant staff time.
  • Any new policy proposed by the Executive Committee  to govern the operations of the Council.
  • The annual budget of the Council, and any substantial changes thereto, except that the requirement of a vote for changes to the budget may be suspended consistent with the powers of the Executive Committee  in section 6.2.5 of these Bylaws.
  • Amendments or revisions to these Bylaws, and Consistent with these Bylaws, changes to Appendices B, C, and D of these Bylaws.

Bylaws Appendix C: Procedural Conduct Rules

General Comments

The rules for conducting meetings of the National Council on Disability (Council) shall be reviewed and revised by the end of each calendar year beginning with calendar year 2012. Unless there are no changes, Council Members shall be provided with a current copy of the Meeting Rules no later than January 30th of each year.

These rules shall apply for the formal meetings of the Council with no consideration to the type, location or number of such meetings. In the event of a conflict between the provisions of this Appendix C and the Bylaws, the provisions of the Bylaws shall control.

Meeting notifications should follow all provisions of the “Government in Sunshine Act” (Sunshine Act). All Council Members shall be provided with a copy of the Sunshine Act as well as the current copy of the NCD Meeting Rules as part of Council Member orientation.

Agendas

All full Council meeting agendas shall include the following:

  • Meeting location, schedule and name of a contact person for additional information.
  • Introductions
  • Acceptance of Minutes
  • Chairpersons Report
  • Executive Directors Report
  • Committee Reports (Permanent and AdHoc) as necessary
  • Any Additional Business
  • Public Comment

Presiding

The Chairperson of the Council or his designee shall preside over the meeting. If the Chairperson is absent and has not designated someone then the Vice-Chairperson shall preside.

Quorum 

The presence of a quorum shall be determined as provided in NCD’s statutory authorization and Bylaws.

Conducting Business

As a small federal agency, the Council may conduct business and make decisions based upon consensus as well as a formal voting process. Actions proposed to be taken by the Council should be made as early as possible and appropriate background material shall be provided to each Council member. 

Decision by Consensus

The Chair or any Member may bring an action issue up for discussion of the full Council. If each Member present at the meeting has an opportunity to speak to the issue and it appears that there is agreement, the Chair may state the action to be taken and indicate that there appears to be consensus on the part of the Council. If there is no objection raised, then the action may be initiated by a consensus of the Council. The minutes shall reflect that the action taken was done so with the Consensus of the Council.

Motions

Wherever possible, votes to be presented to the Council at regular meetings shall be included in the published meeting materials.  When possible, amendments to motions shall be presented in written form to the Chairperson at the meeting and reflected verbatim in the minutes of the meeting. The Chairperson, or in his or her absence, the Vice-Chairperson shall introduce the issue subject to the vote; ask for two motions to approve presenting the issue for a vote; ask for any discussion on the issue subject to a vote, permitting time for such discussion; upon conclusion of discussion, ask for a roll call vote on the issue; and, except as otherwise permitted in the Bylaws, shall tally such votes and communicate whether the vote has passed.

The Minutes shall reflect the final motion wording and action taken on the motion by the Council. 

Public Comment 

The Chairperson (or designee) will conduct a public comment session at each scheduled meeting of the Council. Individuals will be asked to sign-up to make public comment. Written comments will be made part of the minutes. The Chairperson may limit the time for comment based upon number or requests or the length of the planned agenda.

Bylaws Appendix D: Guiding Principles of the National Council on Disability

On Matters of Disability Policy.

In view of the robust strategic plan and comprehensive policy roadmap  in place for the Council, the Council has chosen not to currently exercise the permissive authority to establish this appendix under the Bylaws.

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NCD.gov

An official website of the National Council on Disability