[nfbmi-talk] Fw: MCB commission board bylaws

Marcus Simmons MarcusSimmons at comcast.net
Tue Feb 14 18:18:03 CST 2012


It is my understanding that the definition of a commission board is that is 
the body that sets policies of the organization.

Changing what it means to be blind,
Marcus Simmons, vice-president,
Western-Wayne chapter
28179 Brentwood
Southfield, MI 48076-3069
Marcus.Simmons at interbizusa.com
(248) 552-8928
----- Original Message ----- 
From: "joe harcz Comcast" <joeharcz at comcast.net>
To: <nfbmi-talk at nfbnet.org>
Sent: Monday, February 13, 2012 12:34 AM
Subject: [nfbmi-talk] Fw: MCB commission board bylaws


>
> ----- Original Message ----- 
> From: Robertson, Bob (LARA)
> To: MCB2020-L at LISTSERV.MICHIGAN.GOV
> Sent: Wednesday, November 02, 2011 10:15 AM
> Subject: Re: MCB commission board bylaws
>
>
> Hi all -
>
>
>
> The topic of whether or not the Commission Board is a policy-making body 
> has been brought up in many different places at various times. It has 
> stirred some rather emotional conversations. I see in Section III, Part A, 
> Item 3 of the by-laws it states "the role and responsibility of the Board 
> is to make policy for the operation of the MCB in its role of providing 
> services to Michigan's blind community" and based on the heading for Part 
> A, this is authority vested by P.A. 260. However, when I reviewed P.A. 
> 260, I could not find that authority. In fact, I could not find any 
> mention of the word "policy" anywhere in P.A. 260.  Can someone help 
> clarify this for me and tell me where I can find it in the legislation?
>
>
>
> Bob Robertson
>
>
>
>
>
>
> --------------------------------------------------------------------------------
>
> From: Michigan Comm for the Blind Vision 20/20 List 
> [mailto:MCB2020-L at LISTSERV.MICHIGAN.GOV] On Behalf Of Turney, Susan (LARA)
> Sent: Tuesday, November 01, 2011 3:44 PM
> To: MCB2020-L at LISTSERV.MICHIGAN.GOV
> Subject: MCB commission board bylaws
>
>
>
> Michigan Commission for the Blind
>
> BOARD OF COMMISSIONERS
>
> Board Organization - Authority, Structure and Policies
>
>
>
> BYLAWS
>
>
>
> Section I:  Definitions
>
>
>
> 1.    "MCB" means Michigan Commission for the Blind agency.
>
> 2.    "Board" means the Board of Commissioners of the Michigan Commission 
> for the Blind.
>
> 3.    "Commissioners" means appointed members of the Board of 
> Commissioners of the Michigan Commission for the Blind.
>
>
>
>
>
> Section II:  History and Purpose
>
>
>
> Part A.  Purpose
>
>
>
> 1.    One purpose of this document is to summarize and clarify some, but 
> not all, aspects of the function and role of the Michigan Commission for 
> the Blind (MCB) Board of Commissioners (Board) as defined by Public Act 
> 260 of 1978.
>
>
>
> 2.    This document also informs appointed Commissioners and participants 
> about standards governing the Board's authority and process in the orderly 
> conduct of its policy making business.
>
>
>
> Part B. History
>
>
>
> The Board is the policy making board of the MCB agency.  The Board was 
> created as a result of P.A. 260 of 1978.  In 1978, the MCB, under P.A. 
> 260, was transferred from the Offices of Services to the Blind (OSB) under 
> the Department of Social Services to the Michigan Department of Labor.  As 
> prescribed under law, all staff, equipment, responsibilities, duties, 
> budgets and purposes of the OSB were transferred under P.A. 260.  The 
> intent of P.A. 260 was to create a strong and autonomous MCB governed by a 
> Board of five members, three of which are to be blind or visually impaired 
> meeting the definitions as prescribed in P.A. 260.  Also taken into 
> consideration were previous practices, the intent and analysis in the 
> passing of P.A. 260, the Executive Order of 1965 dealing with Type 1 
> through Type 3 transfers within state departments, and other research in 
> the establishment of policy.
>
>
>
> Effective May 15, 1996, by Executive Order 1996-2, the MCB was moved as a 
> Type II transfer with all the statutory authority, powers, duties, 
> functions and responsibilities to the Family Independence Agency. 
> Similarly, in 2003, the MCB was transferred to the Michigan Department of 
> Labor and Economic Growth.
>
>
>
>
>
> Section III. Commission Board and Authority
>
>
>
> Part A:  Authority Vested by P.A. 260:
>
>
>
> 1.       P.A. 260 creates a five member Board of Commissioners, to 
> establish authority, responsibility and accountability to the blind 
> community.
>
>
>
> 2.       Appointed Board members, hereafter referred to as Commissioners, 
> are accountable and responsible to the Governor and to the citizenry of 
> the State of Michigan.
>
>
>
> 3.       The role and responsibility of the Board is to make policy for 
> the operation of the MCB in its role of providing services to Michigan's 
> blind community.
>
>
>
> 4.       The Board, in its policy making role, acts as an advocate for the 
> blind community in the development, implementation and evaluation of the 
> services that are provided by the MCB, including directing the MCB 
> Director, but not in administrating directly.
>
>
>
> 5.       The Board makes a recommendation as to who will serve as Director 
> of the MCB from a list of eligible candidates submitted to the Board by 
> the Department of Civil Service.
>
>
>
> 6.       The Director of the department that houses the MCB may appoint or 
> reject the person recommended for the position of MCB Director by the 
> Board.  If rejected, the Board shall repeat the process until a MCB 
> Director is selected.
>
>
>
> 7.       The Board and MCB work cooperatively with other State departments 
> in specified areas.
>
>
>
> 8.       The federal Randolph Sheppard Act places additional 
> responsibility to the Board and the MCB for the overall management and 
> accountability of the Business Enterprise Program (BEP).
>
>
>
> 9.       The role of the MCB to the BEP is defined as participative 
> management of the BEP through the Elected Operators Committee (EOC). 
> Active participation is mandated under the Randolph Sheppard Act.  The 
> Board and the MCB require active participation of the EOC in the 
> management of their organization, including analyzing problems, 
> identifying root causes, evaluating solutions and helping to implement 
> solutions within the limits of available resources.
>
>
>
> 10. The Board has the role and responsibility for the development of 
> overall BEP policy and the creation of a positive environment in which the 
> participative management process can take place.
>
>
>
> 11. The Board and the MCB encourage a cooperative, respectful and 
> trustworthy working relationship on the part of the EOC as the management 
> group of all operators of the BEP.
>
>
>
>
>
> Section IV:  Board Structure
>
>
>
> Part A:  Appointments
>
>
>
> 1.    The Board is comprised of five members.  Each Commissioner is 
> appointed to a three year term by the Governor of the State of Michigan.
>
>
>
> 2.    Commissioner appointments are staggered through a three year cycle 
> so that no more than two Commissioners' terms will expire at the same 
> time.
>
>
>
> 3.    The Governor appoints one of the five appointed Commissioners as 
> Chairperson.
>
>
>
> Part B:  Vacancies
>
>
>
> 1.    Should vacancies occur during the term of any one of the five 
> Commissioners' terms of service, an appointment of another Commissioner is 
> made by the Governor to serve the remaining portion of the vacated 
> Commissioner's term.
>
>
>
> 2.    Commissioners appointed as a result of a vacancy by the Governor are 
> eligible for reappointment to another three year term.
>
>
>
> Part C:  Membership and Committees
>
>
>
> 1.    Not less than three members of the Board must be blind or visually 
> impaired under the definitions as prescribed in P.A. 260.
>
>
>
> 2.    The Board has no standing committees.  Ad hoc committees are 
> appointed on an as needed basis and are dissolved as projects are 
> completed and reports made.
>
>
>
> 3.    Commissioners can be appointed to MCB project committees or standing 
> committees in their official capacity as a Board member.
>
>
>
> 4.    At the first meeting of the Board in the fiscal year, the 
> Chairperson appoints Commissioners to serve as liaisons to MCB committees.
>
>
>
>
>
> Section V:  Board Operations and Protocol
>
>
>
> Part A:  Officers and Meetings
>
>
>
> 1.    The Chairperson is recognized as the Board spokesperson at all 
> times.  The Chairperson also represents the Board at all functions unless, 
> in the Chairperson's absence, another Commissioner is asked by the 
> Chairperson to represent the Board on his/her behalf.
>
>
>
> 2.    All meetings of the Board and/or any special committees so appointed 
> to act on behalf of the Board are subject to the Open Meetings Act of the 
> State of Michigan of 1976.
>
>
>
> 3.    Commissioners may participate at Board meetings in-person or by 
> telephone.
>
>
>
> 4.    A simple majority of participating Commissioners shall constitute a 
> quorum.  No official business can be transacted without a quorum present.
>
>
>
> 5.    Times and locations for quarterly board meetings are set at the 
> beginning of each fiscal year by the Chairperson and the Commission Board, 
> with advice from the Director of the MCB.  If a situation arises which 
> requires prompt Board action which cannot wait until the next scheduled 
> meeting, the Chairperson or any two of the five Commission Board members 
> may call a special meeting for the purpose of such action.
>
>
>
> 6.    At the first meeting of the Board of the fiscal year, or when the 
> vice chair position is vacated, a vice chair person shall be selected by 
> the Board to carry out all chair functions in the absence of the chair 
> person.
>
>
>
> 7.    Each Board meeting will be called to order and conducted by the 
> Chairperson or the Vice Chairperson in his/her absence.
>
>
>
> 8.    The Chairperson, or the Vice Chairperson in his/her absence, is 
> responsible for maintaining order during meetings, including public 
> comment, and conducting Board business according to Roberts Rules of 
> Order.
>
>
>
> 9.    Board meetings will be conducted in an efficient, effective and 
> timely manner.
>
>
>
> 10. The Chairperson recognizes each presenter and on behalf of the Board 
> expresses the Board's gratitude to the presenter for their presentation.
>
>
>
> 11. Debate will be allowed so that each Commissioner can express his/her 
> opinion or question the presenter.  The Chairperson may summarize or 
> conclude discussion with relevant comments prior to conducting a voting 
> poll of the other Commissioners.  The Chairperson recognizes participants 
> seeking the floor and calls for the votes of Commissioners in order to 
> address issues and facilitate closure with a clear decision.
>
>
>
> 12. The Chairperson establishes the agenda for each Board meeting in 
> coordination with the other Board members, also considering requests for 
> Agenda items by the Director of the MCB.  The Chairperson will notify the 
> Director of the Agenda three weeks prior to the Commission Board meeting.
>
>
>
> 13. If Commissioners wish items to be placed on the Agenda, they shall 
> communicate them to the Chairperson prior to the time and date that the 
> Agenda is finalized.  If the Director wishes items to be placed on the 
> Agenda, he/she shall communicate them to the Chairperson prior to the time 
> and date that the Agenda is finalized.
>
>
>
> 14. The agenda shall include scheduled time for public comment with a 
> minimum of two per day.
>
>
>
> 15. Public comments can be made in-person or sent electronically and are 
> to be limited to four minutes per comment as spoken or when read aloud.
>
>
>
> 16. All written and verbal comments shall be appropriate and respectful.
>
>
>
> 17. Commissioners shall listen to public comments but will not respond. 
> However, the Chairperson or his/her designee may respond on behalf of the 
> Board if public comment warrants clarification of issues raised.  A board 
> member may ask a question for clarification after seeking the floor from 
> the Chairperson.
>
>
>
> 18. Minutes are recorded and distributed by a staff member designated by 
> the Board under the Open Meetings Act of 1976 and the Rehabilitation Act 
> of 1973 as Amended.
>
>
>
> 19. Minutes and other documents for consideration on the agenda shall be 
> distributed to the Board in a format meeting the needs of each individual 
> Commissioner according to the requirements of the Open Meetings Act and 
> the Americans with Disabilities Act, at least one week prior to the 
> scheduled meeting.  Prior to the meeting, if available, all agenda items 
> will be supported by accessible documentation in advance so the 
> Commissioners can be well informed and respond to issues as expeditiously 
> as possible.  Any item may be discussed at a Board Meeting whether or not 
> prior documentation is available.
>
>
>
> 20. All matters of concern to Commissioners must be directed to the 
> Chairperson of the Commission Board or, with the Chairperson's approval, 
> to others as appropriate.  Any member of the Commission Board may include 
> something on the agenda.
>
>
>
> Part B:  Voting
>
>
>
> 1.    Each Commissioner is an eligible voting member of the Board.
>
>
>
> 2.    The Chairperson may exercise his/her opportunity to vote without the 
> requirement of a tie vote possible by the other four voting Commissioners.
>
>
>
> 3.    The Chairperson casts the deciding vote when the votes of the other 
> Commissioners are balanced in a tie.  Any prevailing majority vote shall 
> represent the Board's decision in the recording of each vote.
>
>
>
> Part C:   Board Priorities
>
>
>
> 1.    The Board is entrusted with the responsibilities under P.A. 260, for 
> advocacy for the blind community;
>
>
>
> 2.    Making recommendations to appoint the MCB director;
>
>
>
> 3.    Evaluating the MCB Director;
>
>
>
> 4.    Making policy recommendations for services to the blind;
>
>
>
> 5.    Participating in the overall coordination and management of the BEP 
> as specified under the Randolph Sheppard Act;
>
>
>
> 6.    Recommending action on the MCB budget for operations and overall 
> dispensing of services and equipment for the blind community as presented 
> by the MCB Director;
>
>
>
> 7.    Participating in and receiving evaluation reports for MCB programs; 
> and
>
>
>
> 8.    Obtaining information on current trends and improvements in overall 
> services to the blind community of the State of Michigan.
>
>
>
> Part D:  Networking and Relationship
>
>
>
> In order to accomplish the responsibilities as listed, it is necessary for 
> the Board to respect the professionalism of all Commissioners in its 
> debate and decision making process.  The Board has the responsibility of 
> developing and maintaining positive working relationships with other 
> departments within the State of Michigan.  Likewise, the MCB and the Board 
> need to foster positive working relationships with other providers of 
> services to the blind in order to maximize the amount of resources 
> available in the provision of quality and effective services. 
> Professionalism comes out of trust and respect for participants in 
> meetings.  While differences of debate and position can be noted, the 
> overall intent of the Board and the MCB is to maintain a high standard of 
> operations and reputation.
>
>
>
>
>
> Section VI:  Travel Expenses
>
>
>
> Part A: Travel expenses may be authorized for Commissioners in travel 
> status conducting official State business. The following are examples of 
> official State business meetings for which travel expenses may be 
> authorized:
>
> 1.    Travel to and from regularly scheduled Board meetings.
>
>
>
> 2.    Travel to and from meetings which Commissioners have been requested 
> to attend by the Chairperson.
>
>
>
> 3.    Travel to and from meetings which Commissioners have requested and 
> been granted permission to attend.
>
>
>
> Part B: Mileage reimbursement will be based on State approved rates.
>
>
>
> Part C:  No travel expenses shall be reimbursed unless prior authorization 
> has been obtained for said member from the Chairperson or his/her 
> designee.
>
>
>
>
>
>
>
> Board.org: September 11, 1996
>
> Revised: September 2004
>
> Revised and approved:  September 18, 2009
>
> Revised and approved:  September 16, 2011
>
>
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