Standing Rules of the California Commission on Aging

(As amended 06/19/19)

Section 01: Purpose. The purpose of the Standing Rules is to provide guidelines for the conduct of the Commission's business.

Section 02: Adoption, Amendment, Suspension and Termination. Any standing rule shall be subject to adoption, amendment, suspension, or termination by a majority vote of the quorum present at any general or special meeting of the Commission provided that the proposed change in the Standing Rules has been placed on the agenda of a duly noticed meeting in which the proposed change is to be acted upon.

Section 03: Conflicts. No standing rule shall be adopted which is inconsistent with the bylaws of the Commission or with any applicable federal or state law or regulation.

Section 04: Meetings. Meeting dates of the Commission shall be established by the Executive Committee as appropriate.

Section 05: Conduct of Meetings. The order of business at all meetings shall be determined by the agenda as adopted by the Commission. All agendas and minutes may be obtained at the CCoA website or by written request. Commission meetings are open to the public and are held in barrier-free facilities in accordance with the Americans with Disabilities Act. A Public Comment period shall be placed on all meeting agendas of the Commission and its committees immediately following the approval of the agenda and the approval of minutes from any past meeting(s). Members of the public, within appropriate time limits set by the Chair, may speak on any subject of interest to the Commission that is not scheduled on the agenda for discussion or action. The Commission or committee is not required to discuss such public comment and may not take action concerning it. Members of the public shall be given the opportunity to provide input on agenda items at any time designated by the chair, but before any action is taken on the item by the Commission.

The Chair shall, as frequently as practicable, invite to participate in Commission or committee meetings representatives from State departments or agencies that have a direct tie to the Commission’s Operational Plan and/or issues or concerns of the Commission. Department and Agency representatives would be included on the meeting agenda to a) report on any emerging issues they foresee and/or items of specific interest to the Commission, and b) to participate in Commission discussions to assist the Commissioners in their understanding of issue(s) and decision making. Expenses for these non-voting representatives would not be authorized.

Section 06: Reports and Correspondence. All written reports, recommendations, and resolutions of the Commission, except as noted below, to be submitted by the Commission to other agencies or interested or affected parties, shall be approved by a majority of a quorum vote of the Commission and shall be signed by the Chair or the presiding officer. Correspondence, communications, and/or testimony reflecting previously taken CCoA policy positions do not require additional approval. Copies of all official reports, correspondence and resolutions shall be on file in the office of the Commission.

Section 07: Commission Participation. Appointment to the Commission is a privilege and responsibility that is conferred upon dedicated individuals who accept the charge by the Governor and Legislature to represent the best interests of California’s older adults. It is expected, by the Commission, that by accepting the appointment that the appointee has the available time to and is committed to fully participate in all Commission activities throughout their appointed term(s). Commissioners are expected to attend all meetings and to actively participate in assigned committee activities as their lack of attendance impedes the function of the Commission. A Commissioner with two unexcused or two consecutive absences from meetings per year will be called by the Commission Chair to determine the member’s interest in and ability to fulfill their commitment and trigger notification of the appointing authority. Commissioners who are unable to meet the Commission’s attendance standards [Bylaws Article III Section 03 a & b] should consider voluntary resignation from the Commission.

Section 08: Commission Representation. Every member of the California Commission on Aging has the right to express his or her opinion on any subject whenever the member is acting as an individual and not on behalf of or at the expense of the Commission. Members who agree to represent the Commission in meetings, conferences, testimony in public hearings, speaking engagements, etc., and do so at the request of the Commission - with or without compensation - agree also to represent only the officially approved positions of the Commission. Members whose personal positions are in conflict with the Commission's official positions must represent either the Commission's positions only or decline the request to represent the Commission. A member is considered to be acting officially on behalf of the Commission whenever he or she states or implies that he or she is acting as a representative or member of the Commission, whenever the member is authorized by the Commission to represent it, or the activity of the member results in an expense - direct or indirect - to the Commission. Examples of such expenses would include but not be limited to: compensation for travel, per diem, phone calls, postage, use of Commission stationery, or other materials produced or furnished by the Commission. Nothing shall prevent members of the Commission from expressing their views as individuals in regular or special meetings of the Commission when these views bear directly upon policy issues under discussion.

Section 09: Committees

A. Duties

Each committee is authorized and directed to ascertain and analyze all facts relating to all matters, programs, proposed Legislation and administrative decisions dealing with the subject matter given to the committee as its charge by the Commission.

Recommendations by any committee for consideration to the Commission will be approved by a simple majority vote of a quorum of that committee. However, in the absence of a quorum, committee members present may informally discuss agenda items and, if there is consensus, present a "minority report" reflecting their discussions. Any action based on such minority reports would have to be moved and seconded by Commissioners not members of the reporting committee.

Reports and recommendations of all committees shall be made to the Commission, which may accept, adopt, amend, or reject the recommendation.

B. Meetings

Meetings of all committees shall be announced to all Commissioners at least ten (10) days in advance, but preferably at the Commission meeting preceding the committee meeting in order to facilitate the travel arrangements of Commissioners. All reimbursable travel of committee members shall be authorized in advance of the committee meetings by the Executive Director.

C. Committee Members

The Chair of the Commission appoints members to all Committees.

A Committee may invite outside experts, at the individual’s own expense, to advise the Committee.

D. Sub-Committees

The chair of any committee may divide the committee into sub-committees in order to further the work of the committee. Such committee subdivisions may be abolished at the discretion of the chair of the full committee.

E. Standing Committees

A. Executive Committee.

Duties: Acts in the capacity of budget and personnel committees of the Commission. Develops and sets policy direction for the Commission. Advises the chair in the preparation of agendas for Commission meetings and advises the Commission on all matters not assigned to or dealt with by other standing committees. Acts on behalf of the Commission between Commission meetings.

The Chair may temporarily appoint an additional Commissioner (non-voting member of the executive committee) to assist and provide information with a specific budget or personnel issue.

The Committee shall not have the authority to undertake any of the following actions:

a. Amend or repeal Bylaws or Standing Rules or adopt new Bylaws.

b. Amend or repeal any resolution or policy statement, other than editorial changes approved by the Commission.

c. Create additional Standing Committees without the consent of the Commission.

B. Legislative Advocacy Committee.

Duties: Guides the Commission's advocacy efforts, including reviewing and positioning legislation. Recommends legislation for CCoA sponsorship or support. Tracks legislation that impacts older adults and adults with disabilities.

C. Operational Procedures/Bylaws Committee.

Duties: Works with the Executive Director and staff to develop and implement the Commission's Operational Plan. Periodically reviews the Commission's Operational Plan and recommends updates. Reviews and recommends changes to the CCoA Bylaws and Standing Rules.

Section 10: Policy on Participation in Non-State Projects.

A. In evaluating a request for Commission participation in a non-state project, the Commission should answer the following questions. An affirmative answer to any one of the following three questions shall preclude the Commission from participating in the project or activity.

1. Is the request for the support or benefit of a commercial entity or for an association, asylum, hospital, or institution that is not operated or owned by the State?

2. Will the activity involve the marketing of any commercial venture or product?

3. Could the Commission’s participation in the activity be perceived as an improper gift or use of public funds?

B. In further considering the value of Commission participation in a viable non-state project, the Commission may wish to consider the following questions:

1. Is the Commission’s participation in the activity consistent with the Commission’s statutory responsibilities?

2. Will the Commission’s participation in the project further the cause of advocacy and/or information dissemination on behalf of older adults?

3. Will the activity or project in question generally benefit all older Californians, or a critical segment of that population?

4. Will the Commission’s commitment to the project be a good and/or reasonable use of staff time?

5. Does the Commission’s participation in the project represent an endorsement or commitment that could be politically sensitive?

6. Does participation in the project enhance the Commission’s understanding of, or ability to further, the goals of any current California plan on aging?

Section 11: Executive Director.

The Executive Director is an “at-will” employee and reports to the Commission Chair. Decisions regarding hiring, evaluation and dismissal are made by the Executive Committee acting through the Commission Chair.

A. Hiring

1. The Commission Chair, after consultation with the Executive Committee, shall appoint a Search Committee (special committee) for the purpose of recruiting and selecting potential applicants for the Executive Director position. The Search Committee shall be comprised of Commissioners and advised by staff or other individuals with specific knowledge, skills and ability to identify the best applicants.

2. The Search Committee shall be responsible for the review and approval of the duty statement, job description and the information to be submitted by all applicants. The Search Committee shall review and score applications and related documents to determine a reasonable number of applicants to be interviewed and to provide a list of applicants for the Executive Committee to consider.

3. The Search Committee may, if deemed necessary, conduct preliminary screening interviews if the number of viable applicants exceeds the reasonable time available for Executive Committee interviews.

4. The Executive Committee shall review applicants recommended by the Search Committee and make a final determination of which applicants will be interviewed.

5. The Executive Committee shall, upon completion of the interview process, rank the finalist(s) for the purpose of conducting reference checks and/or Personnel File reviews.

6. The Commission Chair or designee in coordination with CDA Human Resources unit shall conduct reference checks and/or Personnel File reviews of the applicants selected by the Executive Committee and report the findings to the Committee.

7. The Executive Committee shall select the candidate to be offered the position. When possible and to the extent feasible the rationale for the selection, together with pertinent supporting information, will be shared with the full Commission in closed session.

8. The applicant selected shall be offered the position of Executive Director and, upon acceptance, the hiring process shall be completed.

B. Evaluation

1. The Commission Chair, in consultation with the Executive Committee, shall prepare 3-month, 6-month and 12-month evaluations of the Executive Director’s job performance and annually thereafter based on the date of the Executive Director’s appointment.

2. The Commission Chair shall provide the evaluation to the Executive Director.

3. The Executive Director may request a meeting to discuss the evaluation with the Executive Committee. This meeting will be in a closed session.

C. Dismissal

1. If the Commission Chair or other member of the Executive Committee determines there is cause to dismiss the Executive Director, the matter shall be considered by the Executive Committee in closed session in consultation with CDA’s Human Resources Unit.

2. If the Executive Committee concludes that the dismissal of the Executive Director should be effected, the Commission Chair shall work with CDA’s Human Resources Unit to insure appropriate documents are prepared and transmitted as provided below.

3. The Commission Chair shall provide the Executive Director with no less than 24-hour written notice that a closed session of the Executive Committee to consider dismissal is being held and that the Executive Director has the right to a hearing, either in a public or closed session (GC 11126(a)(2)), at the option of the Executive Director.

4. Upon the conclusion of the hearing, the Executive Committee shall confer in closed session, make its determination with respect to dismissal, and the Commission Chair shall inform the Executive Director of the Committee’s decision and take such actions as directed by the Executive Committee.

5. In a closed session of the full Commission, the Commission Chair shall report the decision of the Executive Committee with respect to dismissal, to include the reasons for the action. The full Commission does not vote on this action.

D. In the event the position of Executive Director becomes vacant, the Chair of the Commission shall work with CDA’s Human Resources Unit to identify individuals who may act as the Executive Director on an interim basis, until a permanent replacement is selected and hired. The Chair’s selection of interim Executive Director is subject to the approval of the Executive Committee, in accordance with the following.

1. The Commission Chair shall call a special meeting of the Executive Committee to consider the matter. (GC 11125.4(a))

2. Notice of the special meeting shall be sent to all Commission members at least 48 hours in advance to include the time and place of the meeting and business to be transacted. (GC 11125.4(b))

3. The special meeting shall begin in open session with a request that the 10-day delay requirement would cause substantial hardship (GC11125.4(c)) which, upon the concurrence of two-thirds vote of the body, shall be waived and the Executive Committee may proceed to make the appointment of the interim Executive Director.

Section 12: Hiring of Consultants

The Executive Director has, with approval of the Executive Committee and consistent with State hiring practices, the authority to hire consultants as necessary to complete work relevant to Commission initiatives.