By-Laws of Malheur County Commission on Children and Families
Article I
This organization shall be known as the Malheur County Commission On Children and Families.
Article II
The Malheur County Commission on Children and Families (MCCF) shall serve as Malheur County's link with the Oregon Commission on Children and Families (OCCF). It is to plan comprehensively for the wellness of all children in the County and to engage State government in a discussion of who should be responsible for services to children and families in the County.
In fulfilling its purposes, the Commission shall:
- Engage in an ongoing planning process consisting of:
- Adoption of goals,
- A broad analysis of existing community conditions and the selection of benchmarks,
- Development and implementation of a variety of directions and tools that positively impact the community and are measurable by the local commission, and
- Development of an evaluation system to measure outcomes;
- Prepare annual or biennial comprehensive plans for presentation to, and approval by, the Malheur County Court and the OCCF.
- Manage grant streams channeled to the County through the Commission by:
- Using accepted Request for Proposal processes,
- Requesting proposals for programs correlating with community mapping results, adopted benchmarks, and goals,
- Receiving and distributing OCCF allocated monies for the support of programs approved for funding,
- Coordinating, monitoring, and evaluating funded programs,
- Collecting and forwarding to OCCF required data;
- Perform such other tasks as established by OCCF and/or Malheur County Court.
- Perform statutory duties set out in ORS 417.760-417.788.
Article III - Commission Membership
SECTION (1)
The Commission shall be composed of a minimum of twelve members. A minimum of two members shall be students. A student is a person in school who is under the age of 18 or still in high school. A majority of the members, including the chair, shall be lay citizens. "Lay citizen" is defined as a person whose primary income is not derived from either offering direct service to children and youth or being an administrator for a program for children and youth.
SECTION (2)
Members of the Commission shall be appointed by the Malheur County Court to a four (4) year term and student members to a two ( 2) year term, with approximately one-fourth (1/4) of the terms expiring each year. Terms are renewable at the pleasure of the Malheur County Court.
SECTION (3)
Any member who is absent for more than two (2) meetings without valid excuse, during the year for regular and ordinary business, shall be contacted by the chairperson of the Commission. The year will begin July 1st, and will end June 30th. If, the person is unable, or does not desire, to continue on the Commission, the Commission shall request that the Malheur County Court declare the position vacant and appoint another person to the Commission. If the person is able and does desire to continue on the Commission, they will continue to serve and can only receive one more additional absence for a total of three absences. Upon receiving a fourth absence the Commission will request that the Malheur County Court declare the position vacant and appoint another person to the Commission.
Valid excuse is defined as: conflict with work schedule, illness, extreme weather conditions, scheduled vacation, or family emergency.
SECTION (4)
Only one person from an immediate family can serve on the Commission at a time.
SECTION (5)
Immediate family members of staff are excluded from serving on the Commission.
SECTION (6)
Immediate family shall be defined as one's grandparents, mother, father, mother-in-law, father-in-law, spouse, sister-in-law, brother-in-law, sister, brother, children or any other person residing in one's immediate household.
Article IV - Officers
SECTION (1)
A lay member of the Commission shall be appointed as chairperson by the Malheur County Court. The appointed Commission chairperson shall also serve as the chair of the Commission's Executive Committee.
SECTION (2)
The chairperson shall preside at all regular and special meetings of the Commission, and of the Executive Committee.
SECTION (3)
The Commission shall elect from among the lay members of the Commission a vice-chairperson to preside at Commission and Executive Committee meetings in the absence of the chairperson.
SECTION (4)
The term of office for officers will be one year, and could be renewed by voting of members.
Article V - Executive Committee
SECTION (1)
The Commission's Executive Committee shall consist of the chairperson or the vice chairperson in the absence of the chairperson, and three Commission members selected by the Commission.
SECTION (2)
The Executive Committee shall be authorized to conduct all regular and ordinary Commission business between Commission meetings.
SECTION (3)
A quorum shall consists of four members, to include the chairperson or the vice chairperson.
Article VI - Meetings
SECTION (1)
The Commission shall hold regularly scheduled meetings, the frequency of which is at the discretion of the Commission, but shall not be less than once every three (3) months.
SECTION (2)
Date, time, and place of the meeting shall be published in a newspaper with general circulation throughout the County.
SECTION (3)
A concurrence of a simple majority of the members present is required to make a decision. However no decisions will be made if less then four members are present to conduct any business.
SECTION (4)
Except, as otherwise provided by law, and except where the Commission directs or acts to the contrary of Roberts Rules and Order (Newly revised) shall govern Parliamentary procedures of the Commission.
SECTION (5)
Special and emergency meetings of the Commission may be scheduled. Only business pertaining to the purpose for which the special meeting is called may be transacted at the meeting.
SECTION (6)
No person shall be excluded from the Commission because of race, color, religion, age, creed, sex, or economic circumstances. There shall be no discrimination in membership on the Commission or any subcommittee, task force, or work group thereof.
Article VII - Conflict of Interest
KEY STATUTORY REFERENCES: ORS 244-040(l)A),ORS 244.120(2)b), ORS 244.020(2).
SECTION (1)
ACTUAL conflict of interest: The definition turns on whether a local commission member (or his/her relative) would "obtain financial gain or avoid financial detriment" if a particular proposal was approved. The bottom line is whether that person (or his/her relative) draws any part of his/her SALARY from the proceeds of the proposal. If the answer is "yes", then the member has an actual conflict of interest.
He/She MAY NOT VOTE, NOR PARTICIPATE IN THE DISCUSSION after announcing the conflict and declaring its nature.
Example: A juvenile counselor sits on the commission. The 1995-97 proposal requests continued funding for half of the counselor's position. This member would have an actual conflict, and would need to announce the conflict, declare the nature of the conflict and ABSTAIN FROM DISCUSSION AND VOTING.
SECTION (2)
POTENTIAL conflict of interest: The rules here are basically the same as the former law. A potential conflict is when a commission member "could" have a conflict (versus "would" have a conflict).
For potential conflicts, the Malheur CCF member needs to announce and state the nature of the conflict. But it is permissible for the member to then participate in the discussion and to vote.
SECTION (3)
Local Bylaws: The Malheur CCF Bylaws are not intended to supercede or replace state law.
SECTION (4)
Exemption for members of nonprofit boards: If, any of the Malheur CCF members sits on a board, they have neither an actual nor a potential conflict. They DO NOT have to declare a conflict and they MAY DISCUSS AND VOTE ON PROPOSALS.
SECTION (5)
Contracts: No Commission member shall enter into contracts with the County on behalf of the Commission on Children & Families.
Dated this 15th day of May 2000.
Interim Chair, Malheur County Commission on Children and Families