By Laws

Council for Children & Adolescents
with Chronic Health Conditions

COUNCIL BY-LAWS

  ARTICLE I.

NAME

 The name of this body shall be called the Council for Children and Adolescents with Chronic Health Conditions and Their Families.

 ARTICLE II.

MISSION

THE COUNCIL FOR CHILDREN AND ADOLESCENTS WITH CHRONIC HEALTH CONDITIONS AND THEIR FAMILIES IS ESTABLISHED TO ADVOCATE AND COLLABORATE WITH STATE AND LOCAL AGENCIES TO ASSESS AND IMPROVE THE CAPACITIES OF COMMUNITIES TO EFFECTIVELY RESPOND TO NEEDS OF CHILDREN AND ADOLESCENTS WITH CHRONIC HEALTH CONDITIONS AND TO PROVIDE MEANINGFUL SUPPORT TO THEIR FAMILIES.

ARTICLE III.

RESPONSIBILITIES

1. Promote the organized assessment of the needs of children and adolescents with chronic illness and their families.
2. Serve in an advisory capacity to the Department of Health and Human Services, Department of Education, and Insurance Department for policy and program development.
3. Collaborate with the Department of Health and Human Services, the Department of Education and other public and private organizations statewide to enhance community-based family supports that meet the unique needs of children and adolescents with chronic health conditions and their families.
4. Increase awareness in the public and private sector of the medical, social and educational issues that impact children with chronic health conditions and their families.
5. Provide consultation and testimony to the legislature on related issues.
6. The Council shall report annually on or before November 1 to the Governor and the General Court regarding the progress being made to provide services and support to children and adolescents with chronic health conditions and their families in regular educational and medical environments allowing them to remain in or near their own homes and communities.

ARTICLE IV.

 MEMBERSHIP

1. The number of Council members shall not exceed 27 with up to 13 members who are parents or guardians (or have been) of a child or adolescent with a chronic health condition, and one parent or guardian of a child or adolescent with a chronic health condition, appointed by the Governor.
2. The following New Hampshire agencies and departments shall be represented on the Council:
3. One representative of the Department of Health and Human Services, appointed by the commissioner.
4. One representative of the Department of Education, appointed by the commissioner.
5. One representative of the Insurance Department, appointed by the commissioner.
6. The following community representatives shall be appointed to the Council through the nominating committee process.
7. A director from a community-based agency which has been charged by the Council with providing support and services to children and adolescents with chronic health conditions and their families.
8. Up to 6 representatives of professional and community organizations, which shall represent a cross-section of disciplines and constituencies such as, but not limited to, physicians, nurses and educators, appointed by the council in accordance with its bylaws.
9. The Council shall also include representatives from the legislature:
10. One Senator appointed by the President of the Senate
11. One House member appointed by the Speaker of the House
12. Terms of office:
13. Terms of office shall be for three years (including those appointed by state departments), except for the representatives from the legislature who shall serve the terms of their election. One third of the total membership shall expire annually at the annual meeting which shall be held during the month of November.
14. To maintain the staggering of memberships, the expiration date of each membership term shall be fixed, even when vacant.
15. Members of the Council resigning during their term of office will have their unexpired term filled by a person brought forth by the nominating committee and vote of the executive board, notice of such election having been given.
16. Council membership shall be appointed for no more than two full consecutive three year terms, but may be re-appointed after an absence of one term.
17. A Council member whose term of office is expiring may continue beyond the end of the term until re-appointed or until a successor is nominated.

ARTICLE V.

MEETINGS

1. Schedule/notice of meetings
   1. The Council shall meet as often as necessary but hold a minimum of six (6) meetings annually.
   2. There shall be an annual meeting at which Council officers shall be elected and the annul budget presented.
   3. The Chairperson shall present a calendar of regularly scheduled meetings for the following year at the annual meeting.
   4. A special meeting of the council may be called at any time by the chairperson on written petition of six (6) members.
2. Procedures
   1. A quorum for voting shall consist of a simple majority of the total number of members currently serving on the Council. Voting by proxy shall not be permitted.
   2. Council meetings shall be open to the public, except when the Council votes to go into a non-public session consistent with New Hampshire RSA 91-A.
3. Absences/excuses
   1. Members shall notify the Chairperson/Vice Chairperson or designee beforehand when they are unable to attend any regular or special meeting.
   2. Council members absent from three consecutive regular Council meetings, unless previously excused by the Chairperson, may be deemed to have resigned from the Council.
4. Cancellation Policy
   Any scheduled (regular or special) meeting of the Council may be cancelled for unforeseen circumstances (weather, etc.) by collaboration between the Executive Director and Chairperson or Vice Chair.

  ARTICLE VI.

OFFICERS  

1. The officers of the Council shall include a Chairperson, Vice-Chairperson(s), Secretary and Treasurer drawn from and elected by the membership of the Council. The officers shall serve for one year with the possibility of re-election subject to continued eligibility.
2. Responsibilities/duties
   1. The Chairperson shall:
      1. Chair meetings of the Council,
      2. Supervise the conduct of the Council business and activities,
      3. Set Council meeting agendas in consultation with committee chairpersons and other members,
      4. Serve as ex-officio member of all committees voting only in the case of a tie,
      5. Represent the Council to the public and to elected and appointed officials,
      6. Appoint a Nominating Committee Annually.
   2. The Vice-Chairperson shall:
      1. Assume the responsibilities of the Chairperson in his/her absence,
      2. Chair the executive committee,
      3. Assist and/or represent the Chairperson as the Chairperson deems necessary with oversight of committees and activities of the Council.
   3. The Secretary shall:
      1. Sign minutes and assist in maintaining the files of the Council,
      2. Assure proper notification of meetings and dissemination of minutes and other information.
   4. The Treasurer shall:
      1. Present a yearly budget to the Council for consideration at the annual meeting,
      2. Cause all debts and obligations of the Council to be paid,
      3. Ensure that an accurate record is kept of all receipts and disbursements and that these records shall be open for inspection by Council members and auditors at all times,
      4. Review and update the Council on a regular basis regarding financial issues of the Council.

ARTICLE VII.

COMMITTEES

The Council may establish such standing committees, ad hoc committees or task forces as it deems appropriate to help carry out its mission. The members of these committees shall serve for the term established by the Council when establishing the committees.

1. Executive Committee
   The Executive Committee shall be a standing committee of the Council and be comprised of the officers and the chairpersons of standing committees. The Vice-Chairperson of the Council shall chair the Executive Committee, voting only in the case of a tie. The function of the Executive Committee is to provide the leadership of the council. The Committee shall give guidance to the Council Chairperson and shall serve as the steering committee for the Council by acting on Council matters which require attention between Council meetings. It shall report to the Council on such matters at the next scheduled meeting of the Council, and obtain ratification where necessary. The Council may at the discretion of the majority, delegate general or specific ad hoc responsibilities to the Executive Committee.
2. Nominating Committee
   1. The Council Chairperson, with the approval of the members, shall appoint a Nominating Committee annually to present a slate of officers to the Council.
   2. The Nominating Committee shall present a slate of officers to the Council annually as well as nominations for additional members of the Council.

ARTICLE VIII.

CONFLICT OF INTEREST

1. Duty to Disclose
   Each Council member, prior to taking a position on the Council, and all current members shall submit in writing to the Chairperson of the Council a list of all businesses or other organizations of which he is an officer, director, trustee, member, owner (either as a sole proprietor or partner), shareholder, employee or agent, with which the Council has, or might reasonably in the future enter into, a relationship or a transaction in which the Council member would have conflicting interests. The Chairperson of the Council shall become familiar with the statements of all members in order to guide his conduct should a conflict arise.
2. Voting
   At such time as any matter comes before the Council in such a way as to give rise to a conflict of interest, the affected member shall make known the potential conflict, whether disclosed by his written statement or not, and after answering any questions that might be asked him/her, shall withdraw from the meeting for so long as the matter shall continue under discussion. Should the matter be brought to a vote, the affected member shall not vote. The Council will comply with all the requirements of New Hampshire Law where conflicts of interest are involved.
3. Statutory Requirements
   The New Hampshire statutory requirements dealing with pecuniary benefits (RSA 7:19, II and 292:6-a) are hereby incorporated in full into, and made an integral part of, this conflict of interest policy; and a copy of the relevant New Hampshire statutes are attached hereto so that every Council member is aware of the statutory requirements. These requirements include, but are not limited to, (i) absolute prohibitions on loans from a charitable trust to a director, officer, or trustee; and (ii) prohibition of any sale or lease (for a term greater than five years) or conveyance of real estate from an officer, director, or trustee without the prior approval of the probate court. These requirements extend to both direct and indirect financial interest, as defined by the attached statutes.

  ARTICLE IX.

FUNDING

The Council may solicit, expend, and disburse funds from the state and federal government, as well as private grants and funds. It may also enter into contracts as necessary to carry out its purpose.

ARTICLE X.

 AMENDMENTS

1. A Council member may propose amendments to these Bylaws at any time, by circulating, in writing, to the entire Council membership, the proposed amendments two (2) weeks prior to a meeting at which the amendments are to be considered and voted upon.
2. A two-thirds majority of the full Council membership shall be required to amend the bylaws.

ARTICLE XI.

NONDISCRIMINATION

The Council shall not discriminate against any person on the basis of age, ethnic or national origin, handicap, race, religion, sex or sexual orientation.

ARTICLE XII.

LIMITATION OF LIABILITY

The Council members and officers shall serve without compensation and, pursuant to Section 508:16 of New Hampshire Revised Statutes Annotated, shall not be liable for bodily injury, personal injury and property damage if the claim for such damages arises from an act committed in good faith and without willful or wanton negligence in the course of an activity carried out to accomplish the purposes of the Council.ENACTED: DECEMBER 16, 1997

REVISED: September 18, 2001

REVISED: SEPTEMBER 25, 2002

REVISED: OCTOBER 20, 2003