The Bylaws of California Commission on Aging
Approved Revision: 11/19/2019
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 9200-9205 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 who shall start a new term.
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.
A. The Commission defines an “excuse acceptable to the Commission” as follows:
1. the illness of the Commissioner or a member of their family.
2. inclement weather or other conditions that prevent travel to a given meeting
3. religious holidays
4. the death of a person close to the Commissioner.
B. Chronic illness that repeatedly prevents a Commissioner’s attendance may not be considered as excused absences.
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.
A. The Executive Committee shall be composed of seven members elected by the full Commission.
Section 02: Elections. Election of officers shall be held annually at the last Commission meeting of the calendar year.
At the Commission meeting prior to the last meeting of the calendar year the Commission Chair shall appoint a three-member Nominating Committee. The Nominating Committee shall present in writing to all Commissioners, at least ten (10) days prior to the last meeting of the calendar year, a slate of nominees for Commission Chair, Vice Chair, and four or five members-at-large, the number to be determined in accordance with Article VI, Section 01. The nominating committee should consider succession planning when developing a 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 Bagley-Keene Open Meeting Act and Robert's Rules of Order.
Section 03: Term. All officers shall assume their offices at the conclusion of the meeting at which they were elected and shall serve until the next annual election. The Chair and Vice Chair may be elected to the same office for two (2) full terms. In the event the Chair is elected to fill a partial term, that individual will be eligible to run for two full terms.
Section 04: Vacancies. A vacancy on the Executive Committee other than the Chair, 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.
Section 05: Duties of the Chair.
1. Preside at all meetings of the Commission and the Executive Committee.
2. Appoint Chairs and members of standing committees other than the Executive Committee.
3. Appoint Special Committees with the concurrence of the Executive Committee or by a majority vote of the Commission.
4. Serve as an ex-officio member of all committees except the Nominating Committee.
5. Call special meetings of the Commission and of the Executive Committee when necessary.
6. Represent the Commission personally, appoint a Commissioner or Commission staff to represent the Commission at any outside association or group as appropriate.
7. Provide general supervision and guidance to the Executive Director.
Section 06: Duties of the Vice Chair.
1. In any instance when the Chair is unable to act, the Vice Chair shall temporarily assume the duties and authority of the Chair, until the Chair is able to resume. A Chair’s inability to act would include, but not be limited to absence from a meeting or a conflict of interest with an item on the meeting agenda.
2. In any instance when a Chair permanently leaves the office of Chair, the Vice Chair shall become the chair and assume corresponding duties for the duration of the former Chair’s term.
3. When a Vice Chair becomes Chair, the new Chair shall convene the Executive Committee to act as a Nominating Committee for the purpose of nominating a new Vice Chair and, if necessary, a new member of the Executive Committee according to Article IV, Section 04.
ARTICLE V: MEETING OF COMMISSIONERS
Section 01: Quorum. A majority of the statutory membership 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, 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.
A contested election will be held by paper ballot, with each voting Commissioner signing their ballot in accordance with the requirements of the Bagley-Keene Open Meeting Act (Government Code Sec. 11120 – 11132). Ballots will be made available for review upon request from a member of the public.
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, Legislative Advocacy, Operational Procedures/Bylaws, and Federal Advocacy committees.
Section 02: Executive Committee. The Executive Committee shall consist of the Chair, Vice Chair, immediate past Chair and four (4) 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 five (5) 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 03: Committee Members. Following election, the Commission Chair shall appoint the Chairs and members of each Committee.
Section 04: 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. Special committees shall be reviewed by the Executive Committee annually at the last meeting of the calendar year to ensure the purpose and need for the Special Committee continues to exist. A special Committee may be dissolved at any time by the Chair, with concurrence of the Executive Committee, upon completion of the Special Committee’s purpose.
Section 05: Ex-officio Members. The Chair of the Commission shall be an ex-officio member of all committees, except the Nominating Committee. 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 9205, 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.