The Bylaws of California Commission on Aging

(Revised 2/20/08)

Article I: Name and Authorization

Section 01: The name of this organization is the California Commission on Aging (hereafter referred to as Commission). (Welfare and Institutions Code Section 9008)

Section 02:Authorization: Authorized by Sections 9200-9206 of the California Welfare and Institutions Code.

Article II: Duties and Functions

The duties and functions of the Commission shall be to:

A. Serve as the principal advocate body in the state on behalf of older individuals, including, but not limited to, advisory participation in the consideration of all legislation and regulations made by state and federal departments and agencies relating to programs and services that affect older individuals.

B. Participate with the Department of Aging (hereafter referred to as Department) in training workshops for community, regional and statewide senior advocates, to help older individuals understand legislative, regulatory and program implementation processes.

C. Prepare, publish and disseminate information, findings and recommendations with regard to the well being of older individuals.

D. Actively participate and advise the Department of Aging in the development and preparation of the State Plan on Aging, conduct public hearings on the State Plan on Aging, review and comment on the state plan, and monitor the process of the plan's implementation.

E. Meet formally at least six (6) times annually in order to study problems of older individuals, develop findings and make recommendations.

F. Hold hearings throughout the state, that may include conducting an annual statewide hearing inviting all departments administering programs affecting seniors, in order to gather information and advise the Governor, Legislature, Department, and agencies on all levels of government regarding solutions to problems confronting older individuals and the most effective use of existing resources and available services for individuals.

G. Hire an executive director and, within budgetary limits, such staff as may be necessary for the Commission to fulfill its duties.

H. Perform other duties as may be required by statute, regulation or resolution.

I. Meet and consult with the agency on aging advisory councils in order to exchange information and assist in training, planning, and development of advocacy skills.

Article III: Membership

Section 01: Eligibility, size, selection and term of members are outlined in California Welfare and Institutions Code Division 8.5, Chapter 3, Sections 9200 and 9201.

Section 02: Vacancies. In the event a vacancy on the Commission occurs, the Commission shall request the appropriate appointing body to appoint a replacement to serve the unexpired term of the replaced member.

Section 03: Absences. In the event that a Commissioner fails to attend two consecutive meetings or who fails to attend four meetings per year, without having given a written excuse acceptable to the Commission, the Commission shall notify the appointing authority, who may declare the position vacant, as outlined in Division 8.5, Welfare and Institutions Code, Sections 9200 (b), 9201. The vacancy will remain open until a new appointment is made.

Article IV: Officers

Section 01: Officers. The officers of the Commission shall be the Chair and Vice Chair as provided in (Division 8,) Welfare and Institutions Code, Section 9201, and the members of the Commission's Executive Committee.

Section 02: Elections. Election of officers shall be held annually at the Commission's December business meeting.

At the Commission meeting prior to the December meeting the Commission Chair shall, with the concurrence of the Executive Committee, appoint a three-member Nominating Committee. The Nominating Committee shall present in writing to all Commissioners, at least ten (10) days prior to the December meeting, a slate of nominees for Commission Chair, Vice Chair, and two or three members-at-large, the number to be determined in accordance with Article VI, Section 01. The Commission Chair, with the approval of the Executive Committee, shall nominate the Chairs of the Advocacy/Policy and the Operational Procedures/Bylaws Committees and these nominations shall be included in the slate of nominees."

In addition to the slate of officers presented by the Nominating Committee, additional nominations may be made from the floor with the consent of the person being nominated. The election will be conducted in accordance with the State Agency Act and Robert's Rules of Order.

Section 03: Term. All officers so elected shall assume their offices at the conclusion of the December meeting and shall serve for one (1) year terms. The Chair and Vice Chair may be elected to the same office for two (2) full terms only. Any Chair or Vice Chair elected to serve more than six (6) months of a vacated office shall be considered to have served a full one-year term.

Section 04: Vacancies. A vacancy in any office shall be filled by the Commission for the unexpired portion of the term, by a majority vote of the membership. The Executive Committee will act as the Nominating Committee in filling vacancies.

Article V: Meeting of Commissioners

Section 01: Quorum. A majority of the appointed members of the Commission shall constitute a quorum. The only action that may be taken in the absence of a quorum is to fix the time in which to adjourn, adjourn, recess, or take measures to obtain a quorum.

Section 02: Restrictions on Voting. Each Commissioner shall have one vote. Voting by proxy or secret ballot shall not be allowed.

Section 03: Meetings. The Commission shall hold regularly scheduled meetings at a time and place designated by the Commission. Said meetings must comply with Section 9202 (e) of the Welfare and Institutions Code. Meetings shall be open to the public and all persons shall be permitted to attend, except for closed sessions, as required and permitted by applicable law.

Section 04: Notices. Notices of meetings with agendas shall be mailed to Commissioners and the Director of the Department of Aging, and posted on the Commission's website, at least ten (10) days prior to regular meetings.

Section 05: Special Meetings. A special meeting may be called by the Commission Chair, or by a majority of the members of the Commission, for a specific purpose (California Government Code, Section 11125.4) where compliance with the 10-day notice would impose a substantial hardship on the Commission or where immediate action is required to protect the public interest. When a special meeting is called, the Commission shall provide notice to all Commissioners, to all parties that have requested notice to its meetings, and to the media. This notice shall be delivered at least 48 hours before the time of the special meeting specified, and shall be posted on the Commission's website. At the commencement of any special meeting, the Commission must make a finding in open session that a special meeting is appropriate as specified above, shall set forth in the finding specific facts of the hardship to the Commission or impending harm to the public interest, and adopt the finding by a 2/3 vote of the Commission, or, if less than 2/3 of the members are present, a unanimous vote of those Commissioners present. No other business other than matters specified in the agenda shall be considered at a special meeting.

Article VI: Committees

Section 01: Standing Committees. The standing committees shall be the Executive, Advocacy/Policy and Operational Procedures/Bylaws committees. The Executive Committee shall consist of the Chair, Vice Chair, immediate past Chair, the Chairs of the Advocacy/Policy and the Operational Procedures/Bylaws committee and two (2) members-at-large elected by a majority vote of the Commission. In the absence of an immediate past Chair, the Executive Committee shall instead include three (3) members-at-large elected by a majority vote of the Commission. Members of the Executive Committee shall be elected annually. The Commission's Chair will be the Chair of the Executive Committee.

Section 02: Special Committees. Special committees shall be established by the Chair of the Commission with the concurrence of the Executive Committee or by a majority vote of the Commission. Persons who are not members of the Commission may be requested to serve as consultants and/or members of the special committee by the Commission Chair with the concurrence of the Commission.

Section 03: Ad Hoc Committees. The Chair may with the concurrence of the Executive Committee authorize and establish Ad Hoc committees, including a Nominating Committee, as may be required for the conduct of the affairs of this Commission. The Ad Hoc committees shall have the duties and responsibilities as defined by the Executive Committee.

Section 04: Committee Members. The Commission Chair shall appoint the Chair of each Special and Ad Hoc Committee. The Commission Chair shall appoint Commissioners to serve on each Standing, Special and Ad Hoc Committee.

Section 05: Ex-officio Members. The Chair and Vice Chair of the Commission shall be ex-officio members of all committees, except the Nominating Committee. These two (2) ex-officio members have voting privileges, but are not counted in determining the number required for a quorum or in determining whether or not a quorum is present.

Article VII: Administrative Manual

Section 01: The Commission shall have an administrative manual to govern its functioning in an orderly manner.

Section 02: The manual shall contain applicable procedures as contained in the State Administrative Manual, Board of Control Rules, pertinent sections of various codes adopted by the Legislature, and those administrative policies and practices that have been adopted by the Commission to facilitate its operations.

Article VIII: Amendments

Section 01: Amendments. These bylaws may be amended by a majority vote of a quorum of this Commission at any regular meeting provided that the amendments have been submitted to the Commissioners, in writing, at least 10 days prior to the meeting.

Section 02: Nothing in these bylaws or amendments shall conflict with Division 8.5, Welfare and Institutions Code, Chapter 3, Sections 9200 through 9206, or with provisions of the California Administrative Code.

Article IX: Parliamentary Authority

Section 01: The rules contained in Robert's Rules of Order, as revised from time to time, shall govern meetings of the Commission in all cases in which they are applicable and in which they are not inconsistent with these bylaws and the Bagley-Keene Open Meeting Act.

Section 02: Standing Rules. The Commission may adopt additional standing rules provided that they do not conflict with the bylaws.