BYLAWS

The organization referred to in this document shall be known as the New Mexico Developmental Disabilities Planning Council (NM DDPC), hereinafter referred to as the "Council".

The Council is authorized by Public Law 103-230 and established by the Developmental Disabilities Assistance and Bill of Rights Act being Laws 1993, Chapter 50 as amended P.L.106-402 in 1999. Any conflict with the constitution or laws of the State of New Mexico or the United States of America is not intended and State and Federal laws shall prevail.

The New Mexico Developmental Disabilities Planning Council will engage in advocacy, capacity building, and systemic change activities that contribute to a culturally competent and coordinated individual and family-centered and -directed, comprehensive system of community services, individualized supports and other forms of assistance that enable individuals with developmental disabilities to exercise self-determination, be independent, productive and integrated and included in all facets of community life.

The Council shall periodically review, modify if appropriate, and adopt a Mission Statement.

1. By engaging in advocacy, capacity building and systemic change activities, the Council will contribute to a coordinated, consumer- and family-directed, comprehensive system that includes needed community services, individualized supports, and other forms of assistance that promote self-determination for individuals with developmental disabilities and their families.
2. In accordance with current public law, the Council shall:
   1. Serve as an advocate for individuals with developmental disabilities and conduct or support programs, projects, and activities that carry out the purpose of Developmental Disabilities Assistance and Bill of Rights Act of 2000.
   2. Develop and submit a 5-year State Plan, which will provide that not less than 70% of federal allocation shall be utilized for grants and activities of the plan.
   3. Implement the State Plan by conducting and supporting advocacy, capacity building, and systemic change activities.
   4. Monitor, review, and evaluate the implementation of such State Plan annually at the end of each grant year to include the following activities:
      1. Examine the extent to which each goal of the plan has been achieved and identify barriers that impeded the achievement of any goal.
      2. Determine the need, if any, to amend the 5-year plan.
      3. Determine, on a separate basis, the information on the self-advocacy goal.
      4. Determine customer satisfaction with the Council activities.
   5. Report to the Secretary of the United States Health and Human Services Department on an annual basis and in the format prescribed by the Secretary.
   6. Prepare, approve, and implement a budget using amounts paid to the state to fund and implement Council programs, projects, and activities.
   7. Adopt positions of support, neutrality, or opposition for proposed legislation and regulations affecting persons with developmental disabilities in New Mexico.
   8. Perform all duties required by State and Federal law.

1. Council membership shall be geographically representative of New Mexico and reflect the diversity of the state with respect to race and ethnicity.
2. Sixty percent (60%) of the membership of the Council shall include persons with developmental disabilities, or parents or guardians of children with developmental disabilities, or immediate relatives or guardians of persons with mentally impairing developmental disabilities who cannot advocate for themselves. Of the 60%, 1/3 of the members shall be individuals with developmental disabilities, 1/3 shall be parents or guardians of children with developmental disabilities or immediate relatives or guardians of adults with developmental disabilities who cannot advocate for themselves and 1/3 shall be a combination. One member of the 60% shall be an individual with a developmental disability who previously lived in an institution or the immediate relative or guardian of an individual that previously lived in an institution.
3. Council membership shall include representatives of relevant state agencies including State agencies that administer funds provided under Federal laws related to individuals with disabilities such as the Rehabilitation Act, the Individuals with Disabilities Education Act, the Older Americans Act of 1965, and Titles V and XIX of the Social Security Act, Centers, and Protection and Advocacy. Membership shall also include representation from local agencies, tribal entities, non-governmental agencies, and private non-profit groups concerned with services to persons with developmental disabilities in New Mexico.
4. The following are ex-officio members of the Council in accordance with State and Federal laws:
   1. The Secretary of Health or designee
   2. The Secretary of Human Services or designee
   3. The Secretary of Children, Youth and Families or designee
   4. The Secretary of Aging and Long Term Services or designee
   5. Two Directors from the Public Education Department, including the Assistant Secretary for the Vocational Rehabilitation Division or designee
   6. The Director of the Protection and Advocacy System
   7. The Director of the New Mexico University Center for Excellence
   Each ex-officio member shall serve as a bona fide member of the Council, unless he or she identifies and appoints a designee to serve in his or her place. Such designation must be made in writing to the Council chairperson and shall remain in effect until revoked or superseded by a new designation in writing by the ex-officio member, the Governor or statutory change. An ex-officio member may not name as his or her designee an individual who is already a member of the Council appointed by the Governor under a different membership category, such as a person with a disability, family member, guardian or representative of a tribal or non-governmental agency.
5. Members shall not include employees of a State Agency that receives funds or provides services under the Developmental Disabilities Assistance and Bill of Rights Act 2000, individuals who are managing employees of any other entity that receives funds or provides services under the Act, or persons with an ownership or controlling interest with respect to such an entity.

1. All members of the Council are appointed by the Governor of New Mexico. Members, except for ex-officio members, shall be appointed to three-year terms not to exceed two (2) consecutive terms with terms staggered such that the terms of approximately one-third of the appointed members expire each year. Members whose terms have expired shall be considered bona fide voting members until such time as they are re-appointed or replaced by the Governor.
2. If a Council member misses two (2) consecutive meetings without adequate justification submitted within thirty (30) days after the Council meeting, the Chairperson will notify the member that missing the next meeting will result in a request to the Governor to remove the member from the Council and appoint a new member.
3. The Council will notify the Governor of membership requirements and when vacancies remain unfilled for a significant period of time

1. The Council shall have two (2) regular officers elected from the general membership for parallel one-year terms. These officers shall be designated Chairperson and Vice-Chairperson respectively. At least one of the officers must be a person with a developmental disability, or a parent, guardian or immediate relative of an adult with a developmental disability who cannot advocate for him or herself, or a parent, guardian or immediate relative of a child with a developmental disability.
2. In the absence of the Chairperson, the Vice-Chairperson shall assume all rights and responsibilities of the higher office, except:
   1. Where such vacancy would exist for one-half or more of the elected Chairperson 's term, that previously appointed js/tinymce/themes/advanced/langs/en.js" type="text/javascript"> Nominating Committee will arrange for a special election at the next Full Council meeting.
   2. The Vice-Chairperson shall call for such special election.
3. Both the Chairperson and the Vice-Chairperson shall be members of the Executive Committee.
4. Election of new officers shall take place during the first regular meeting of the federal fiscal year. The election shall be carried out after an individual has been presented by a Nominating Committee and nominations have been heard from the floor. Each Council member is entitled to one (1) vote and a simple majority vote of the members shall carry the election. Members shall retain office for a one (1) year term an officer may succeed him or herself at the pleasure of the Council for a maximum of three (3) terms after which a member must wait (1) full year before being eligible to run for office.

1. All committees, task forces and study groups shall be appointed by the Chairperson. These groups shall elect a chairperson and other officials as determined by the group. The number of Council members appointed to any committee, task force or study group should be less than the number that constitutes a quorum of the Council. Council members are encouraged to volunteer to serve on committees.
   1. The Executive Committee shall be a standing committee with five members, including the Council Chairperson and Vice Chairperson. Additionally, there shall be two alternate members. It shall function as the policy and information review body for the Council, provide major direction to the Executive Director, review performance of the Director, and make recommendations to the Council for action of the Council, including the obligation and or expenditure of funds, which arise between Council meetings. The Executive Committee shall approve justification of notification to the Governor of Council members who have missed two consecutive meetings. Executive Committee members must all be Council members. The Executive Committee or the Council shall meet a minimum of six (6) times a year.
   2. The Policy Committee shall be a standing committee consisting of no fewer than 9 members. It shall elect a chairperson for purposes of reporting to the Council. The charge of the Policy Committee is to:
      • Identify legislative issues requiring support, neutrality or opposition by the Council
      • Provide regular updates to the full Council re: current and/or emerging legislative issues
      • Develops strategies for informing the Governor and Legislature on the needs of persons with developmental disabilities.
   3. Program Committee shall be a standing committee consisting of no fewer than 9 members. It shall elect a chairperson for purposes of reporting to the Council. The charge of the Policy Committee is to:
      • Advise the Council on projects that go with 5 Year Plan
      • Assist staff in writing the Scope of Work for Requests for Proposals
      • Serve on panels that review proposals
      • Assist Council staff with visiting projects /monitoring of contracts
   4. Committees shall be appointed by the Chairperson to evaluate approve Council activities identify areas of concern identify legislative issues requiring support, neutrality, or opposition develop strategies for informing the Governor and the Legislature on the needs of persons with developmental disabilities and coordinate with other agencies and groups that share an interest in legislation, regulation, planning, and programming relating to services for persons with developmental disabilities. Such committees and task forces shall be developed consistent with the priority areas established in the State Plan and shall report to each Council meeting on the status of Council activities and projects. At least one-third (1/3) of the membership of the committees shall be members of the Council. Each committee shall elect a chairperson for purposes of reporting to the Council.
   5. The Membership Committee will be appointed by the Chairperson at the last meeting of the federal fiscal year. Membership Committee develops a succession plan for Council leadership and recommends candidates for chairperson and vice chairperson. The Membership Committee members shall be Council members.
   6. Task forces and study groups shall be formed at the direction of the Council Chairperson with the advice of the Executive Committee and the Executive Director. These task forces and study groups shall reflect the Council's planning cycle shall be ad hoc unless otherwise specified shall empowered to make recommendations to the Council and may include non-Council members in their membership.
   7. No committee, task force and study groups shall be empowered to expand funds without consent of the Full Council.
   8. Committee Chairpersons may vote on all committee business.
   9. One or more Council staff shall provide assistance to all committees, task forces and study groups. Staff members will be non-voting.
   10. Committees can meet in person, or by teleconference, and may allow written submission from committee members.

1. Council members and duly appointed consumers serving on committees, task forces and study groups shall be reimbursed as provided in the Mileage and Per Diem Act for official Council business.
2. Reasonable accommodations shall be provided to permit full participation in Council activities by its members, including personal care assistance to members with disabilities and respite care for parents, immediate relative or legal guardian of persons with disabilities.

1. A minimum of four (4) Council meetings will be held annually. Notification of such meetings and draft agendas will be given at least two (2) weeks in advance. The final agenda will be available to the public at least 24 hours in advance.
2. All meetings shall be conducted in accordance with the Open Meetings Act: (10-15-1 et. see NMSA 1978). The Council will adopt annually at the first meeting of the calendar year an open meetings resolution that describes what notice for a public meeting is reasonable when applied to the Developmental Disabilities Planning Council.
3. A quorum shall consist of at least one-half (1/2) of the membership of the Council. In the event that one or more Council members are participating through teleconferencing arrangements, as provided in paragraph H of this section, such members shall be included in determining the quorum provided at least one-third of the Council membership is physically present at the meeting site.
4. Meetings shall be held at the call of the Chairperson and will be conducted in accordance with the Americans with Disabilities Act, the Open Meetings Act and other laws governing the Council.
5. The most current edition ofRobert's Rules of Order shall govern the conduct of business in all cases in which they are applicable and not in conflict with Bylaws.
6. Subject to full consideration of other agenda items and available times, Council meetings should include a scheduled time for public input. Ample seating shall be provided during each Council meeting for persons who are not member of the Council, in an area sufficiently close to the area reserved for Council members and staff that such non-members may observe and listen to the proceedings. When recognized by the Council Chairperson, non-members may provide testimony to the Council.
7. All meetings of the Council will take place in a facility that is architecturally accessible for persons with disabilities. As necessary to accommodate Council meeting attendees, an interpreter for deaf persons and alternative format materials for blind persons, will be provided. Other assistance will also be provided as needed for Council members or for other scheduled participants in Council meetings.
8. In the event that one or more Council members are unable to attend in person, the Council may provide for the participation of such member(s) through audio or audio-video teleconferencing arrangements, which allow direct and interactive participation. Priority in such arrangements shall be made for consumer members due to emergencies or unforeseen circumstances. All Council meetings shall be convened in a location available to the public.

1. All Council members present or participating through audio or audio-video teleconferencing arrangements shall be entitled to vote on all matters before the Council except as prohibited under the provisions of any Conflict of Interest policy, which the Council, based on the requirements of State and Federal Law, has adopted.
2. All votes shall be recorded.

1. The Council shall take action to remove a Council member who is appointed by the Governor when the Council member has two (2) unexcused absences from Council meetings during his or her term of appointment. After the first unexcused absence, the member will receive a warning from the Council Chairperson that a further unexcused absence will result in a request to the Governor to remove the member and appoint a new member to the Council. The Membership Committee shall be responsible for tracking and reporting members’ absences, as set forth in Subsection B below.
   1. If a Council member is absent from a Council meeting, the following process shall occur to track and report such absence:
   2. The NM DDPC staff shall notify the Membership Committee of such absence.
   3. The absentee member shall have seven (7) days from the date of the Council meeting to notify the NM DDPC staff of the reason(s) for such absence.
   4. The NM DDPC staff shall forward this information to the Membership Committee for consideration.
2. As soon as possible after the seven-day time period has elapsed, the Membership Committee will discuss the absence and any reason(s) submitted by the absentee member. The Membership Committee shall determine if extenuating circumstances exist to grant the absentee member an approved, excused absence from the Council meeting.

1. In accordance with Federal Law, adequate staff will be employed to insure that the Council is capable of fulfilling all required responsibilities.
2. Staff duties shall include, but not be limited to, provisions set forth by State and Federal Law and the Articles of these Bylaws.
3. The Executive Director serves at the pleasure of the Council and reports to the Chairperson. He/She shall be responsible to the Council and shall carry out the day-to-day responsibilities as authorized by law and regulation.
4. Performance review of the Executive Director is the responsibility of the Executive Committee and shall occur no less than annually. Performance review of the Council Staff positions will be conducted by the Director in accordance with rules and regulations of the State Personnel Board.
5. Council staff shall be employed by, and responsible to the Executive Director.
6. The Council staff except the Executive Director shall be subject to the rules and regulations of the State Personnel (Office) Board.

1. Council shall set priorities for the distribution of funds and implement sub-grant/contracts to public and private agencies within the framework of the approved State Plan and in accordance with State and Federal laws and regulations and an approved Grants Management Manual.
2. A staff person shall convene the ad hoc committee(s) formed to review proposals and recommended funding of specific projects in the areas prioritized by Council, in accordance with the Standards and Procedures approved by the Council.
3. The Council shall establish and review (annually) a hearing process available to applicants and sub-grantees. Procedures shall be in accordance with prevailing State and Federal laws and regulations.

1. All expenditure of funds shall be subject to applicable State and Federal laws, rules and regulations and the approved State Plan and in accordance with the approved/revised budget.

1. The adoption of these Bylaws, and any revisions thereto, shall be executed on the basis of a favorable vote by at least two-thirds (2/3) of Council members, present and voting with at least thirty (30) days prior written notice.
   ADOPTED OCTOBER 28, 1983
   REVISED OCTOBER, 1984
   REVISED JULY 26, 1985
   REVISED JUNE 11, 1993
   REVISED SEPTEMBER 3, 1999
   REVISED DECEMBER 7, 2001
   REVISED JULY 25, 2003
   REVISED JULY 29, 2005
   REVISED JANUARY 19, 2007
   REVISED JANUARY 8, 2008