Bylaws of the OLRS PAIMI Advisory Council

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Bylaws of the OLRS PAIMI Advisory Council

Article I - Title

The name of this organization shall be the Protection and Advocacy for Individuals Labeled as Mentally Ill Advisory Council (PAIMI Advisory Council).

Article II - Purpose

The Ohio Protection and Advocacy for Individuals Labeled as Mentally Ill Advisory Council (hereinafter known as the Advisory Council) shall advise the designated protection and advocacy agency, Ohio Legal Rights Service (OLRS), on policies and priorities to be carried out in protecting and advocating for the rights of individuals labeled as mentally ill, provide advice and recommendations to OLRS and to submit a section of the OLRS federal annual report. The Advisory Council shall advise Ohio Legal Rights Service on Policies and Priorities relating to the abuse and neglect of people labeled mentally ill.

Article III - Membership

In order to meet the requirements of the PAIMI Act, at least sixty percent (60%) of the members appointed to the Advisory Council shall be consumers, former consumers, or family members. The majority of the 60% shall be primary consumers. However, in no case shall the Advisory Council consist of more that 18 people. Continuing efforts shall be made to include members of racial and ethnic minority groups on the Advisory Council.

In order to be eligible for membership on the Advisory Council an individual must reside in the state of Ohio, cannot be a relative or significant other of a current Advisory Council member and cannot be an employee of Ohio Legal Rights Service. Each member shall annually be provided a complete list of the members of the Advisory Council.

Subject to these limitations, the Advisory Council shall consist of:

1. attorney;
2. mental health professionals;
3. individuals from the public who are knowledgeable about people who are labeled mentally ill, the advocacy needs of persons with mental illness and have demonstrated a substantial commitment to improving mental health services;
4. provider of mental health services;
5. individuals who have received or are receiving mental health services;
6. individuals who are family members of individuals who have received or are receiving mental health services. At least one family member shall be a primary caregiver for an individual who is currently a minor child or youth who is receiving or has received mental health services;
7. OLRS Commission representative.

Article IV - Ex-Officio Members

The Advisory Council may establish ex-officio organizational memberships. Ex-officio members are non-voting members.

Article V - Member Responsibilities and Duties

In accordance with the responsibilities set forth in the PAIMI Act, each member of the Advisory Council must have a commitment to promoting the legal and civil rights of persons with mental illness and advocating for their personal choices. Each member is expected to attend and participate actively in the Advisory Council meetings and any sub-committees or standing committees to which the member is appointed or for which the member volunteers.

1. Advisory Council members shall conduct themselves in an orderly manner during council meetings and committee meetings.
2. Advisory Council members shall abide by the Roberts Rules of Order and the rulings of the Chairperson during council meetings.
3. Advisory Council members shall not present or represent themselves verbally or in writing as an employee or agent of Ohio Legal Rights Service.
4. Advisory Council members shall not presume to speak for the entire council on matters of council business unless authorized to do so by the full council.
5. Advisory Council members shall reside in the state of Ohio.
6. Advisory Council members shall attend four (4) meetings per year unless in the case of an emergency or extenuating circumstances. Prior notice to the Ohio Legal Rights Service office, which shall notify the Chairperson, shall excuse the absence. In the case of emergency or extenuating circumstances without prior notice the Advisory Council may excuse the absence.

Article VI - Operating Procedures

A. Terms:

Advisory Council members shall be appointed by the Administrator of Ohio Legal Rights Service, based upon the recommendations of the Nominating Committee, for a three (3) year term and shall be reappointed to a subsequent term except for cause. Upon recommendation of the Nominating Committee a member may be reappointed to an additional three (3) year term at the discretion of the Administrator. The terms of council shall be staggered and for no more than a total of two consecutive 3 year terms. A member who has been appointed for a total of six consecutive years may not be reappointed to council during the three year period that begins when the council members' six (6) years of appointment expires. The OLRS Commission representative shall be appointed to serve on the council for a term commensurate with the member's term on the OLRS Commission. Each person shall be appointed within the membership categories set forth in Article III. Based upon the membership categories checked on the members' membership application, the administrator may change the category in which the member was appointed to bring the Advisory Council into compliance with federal requirements or the requirements of these by-laws. A member appointed to complete the term of a member whose membership is terminated or who resigns will be appointed only to complete the former members current Three year appointment.

B. Officers:

Election of a Chair and Vice-Chair shall be held at the first scheduled meeting of the calendar year. After receiving the recommendations for these officers from the Nominating Committee the Advisory Council shall elect the Chairperson and the Vice Chairperson.

The Chairperson shall preside at meetings, and appoint members to all committees. The Vice Chairperson shall aid the Chairperson in the performance of his/her duties, shall perform all duties of the chairperson in the chairperson's absence, and shall take attendance and give an attendance report at each regular council meeting. The Chairperson and Vice Chairperson shall serve a term of two (2) years, and may be elected to serve an additional term. The Chairperson may speak to any issue before the Advisory Council, but shall vote only to break a tie.

C. Meetings:

The Advisory Council shall meet at least quarterly (four times a year). The scheduling of the meetings shall be done in a manner which enhances the attendance of consumers, former consumers and family members.

D. Quorum:

A quorum shall consist of a majority of members. A quorum shall be necessary to conduct business. A majority of the members present must support a motion in order for it to carry.

E. Committees:

The Advisory Council shall establish standing or ad hoc committees to assist in conducting Advisory Council business. The Chair, Vice-Chair, and nominating Committee Chair shall constitute the Executive Committee.

F. Nominating Committee:

1. The Advisory Council shall maintain a standing committee on Nominations. The Nominating Committee shall consist of a majority of consumers, former consumers, or family members. Members of the Nominating Committee shall serve for one (1) year subject to reappointment.
2. The Nominating Committee shall affirmatively seek members who are members of racial or ethnic minorities, and shall report on these efforts to the Council.
3. The Nominating Committee shall recommend to the Administrator of Ohio Legal Rights Service nominations to fill any vacancy on the Council. Recommendations by the Nominating Committee to the Administrator of Ohio Legal Rights Service shall be consistent with the membership process; the Nominating Committee may invite applicants to an interview and/or to attend a council meeting.
4. The Nominating Committee shall hear all requested appeals of proposed membership terminations and shall make recommendations to the Administrator of Ohio Legal Rights Service in matters of termination as defined in Article VI Section H.
5. The Nominating Committee shall annually recommend to the full Advisory Council recommendations for Chairperson and Vice Chairperson.

G. Executive Committee:

1. The Executive Committee shall conduct Council business as necessary between full Council meetings and shall report on any actions taken at the next full council meeting.

H. Policy Leadership Committee

The Advisory Council shall maintain a standing committee to provide leadership and recommendations to the Council and the Chair on policy and legislative matters that may require Council attention, testimony or action.

Members of the Policy Leadership Committee shall be jointly appointed to the Committee by the Chair of Council and by the Executive Director of OLRS.

I. Resignation and Removal from Council:

1. A council member may resign at any time by giving a written or verbal notice to the council. Unless otherwise specified in the notice, the resignation shall take effect upon receipt of the notice and acceptance of the resignation shall not be necessary to make it effective.
2. An Advisory Council member who fails to be excused from two meetings shall be notified by the Vice-Chairperson in writing that failure to attend the next meeting shall result in a recommendation of termination of the membership. If a member fails to attend four meetings, excused or otherwise, the Advisory Council may recommend upon notice to the member termination of the membership. If the member so notified wishes to remain on council, the member shall notify the nominating committee and may request a meeting with the Nominating Committee to appeal the termination recommendation.
3. An Advisory Council member may be involuntarily removed for cause. For the purpose of these Bylaws, "cause" shall mean a violation of the duties of a member defined in Article V, paragraphs 1-4. The member in violation shall be given a verbal or written notice of violation by the Chairperson. A verbal notice shall be confirmed in writing.

If a member is given a second notice it must be in writing. The notice shall provide information to the member of the member's rights under this Section and shall specify which duty was violated. If a member is given two notices in a twelve month time frame, the violations shall be referred to the Advisory Council. If the council recommends termination for cause, the member may appeal to the Nominating Committee to contest the recommendation and may provide verbal or written information to the committee. The Nominating Committee shall review the information and make a recommendation to the Administrator of the Ohio Legal Rights Service whether cause exists to terminate the member. The member shall be given written notice of the recommendation. A written notice of the Administrator's decision shall be provided to the member and the Chairperson. The determination of the Administrator on all matters concerning membership on the council shall be final.

Article VII - Public Meeting

Ohio PAIMI Advisory Council meetings are open to members of the general public, who will be introduced and recognized before each meeting. The general public shall sit in the designated seating area. The general public cannot vote, but may bring issues to the meeting, for which time will be set aside not to exceed five (5) minutes at the conclusion of the formal meeting. If the Advisory Council believes the issue deserves more discussion, council may vote to place the issue on an Advisory Council meeting agenda.

Article VIII - Parliamentary Authority

Roberts Rules of Order Revised shall govern the conduct of all Advisory Council meetings and its committees and will serve as a resource regarding all aspects of Advisory Council procedures not specified in these Bylaws.

Article IX - Amendments

The Bylaws can be amended by a 2/3 majority of all members, provided notice of the amendments of Bylaws has been sent to all members at least 30 days prior to meeting. Only members present at the meeting shall vote on the proposed amendments.

Revised: September 23, 1989
Revised: October 19, 1991
Revised: Approved by PAIMI Council June 1, 1998
Revised: Approved by PAIMI Council April 16, 2005

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