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By-laws

Table of Contents
Preface – Definitions

Article I – Purposes
1.01 Nature of Organization
1.02 Purposes
1.03 Powers and Duties
1.04 Tax Exempt Status

 

Article II – Meetings of Managers
2.01 Annual Meeting
2.02 Elections
2.03 Election of Chair and Vice Chair
2.04 Other Committee Members
2.05 Special Meetings
2.06 Notice of Meetings
2.07 Conduct of Meetings

 

Article III – Organization of Committee
3.01 Composition
3.02 Term of Office
3.03 Censure of Committee Members
3.04 Recall
3.05 Vacancies
3.06Compensation

 

Article IV – Meetings of Committee
4.01 Post Election Committee Meeting
4.02 Regular Meetings
4.03 Agenda Notice
4.04 Special Meetings
4.05 Quorum: Manner of Acting
4.06 Action by Unanimous Consent
4.07 Telephone Conference Call

 

Article V – Officers
5.01 Election: Term
5.02 Chair
5.03 Vice Chair
5.04 Secretary

 

Article VI – Subcommittees
6.01 Generally
6.02 Composition
6.03 SLA Representation
6.04 Standing Subcommittees
Training Committee
Transfer/Promotion Committee
Budget Committee
Program and Policy Development Committee (PPDC)
Elections/Credentials Committee
Facility Development Committee
Technical Services and Equipment Committee
Health & Welfare Committee
Public Relations Committee’Special Subcommittee and Work Groups

 

Article VII – Expenses
7.01 Elections
7.02 Travel Expenses

 

Article VIII – Adoption and Amendment
8.01 Adoption
8.02 Modification of ByLaws
8.03 Proposal of Amendments
8.04 General Meeting

 

Article IX Miscellaneous Provisions
9.01 Rules of Order

 

Preface – Definitions

In an attempt to make these ByLaws flow smoothly, and for the sake of brevity, the following definitions have been added. These titles and phrases will be referred to throughout:

Committee means Illinois Committee of Blind Vendors

Act means the Randolph-Sheppard Act.

SLA Means Office of Rehabilitation Services

BEPB means Business Enterprise Program for the Blind

Chair means ICBV Chair

Days means calendar days

Manager means any inventories vendor, licensed replacement vendor and any vendor in a 40-day transition period between facilities.

Active Participation means an ongoing process of collaboration between the State Licensing Agency (SLA) and the Elected Committee of Blind Vendors to achieve joint planning and approval of all major administrative and Business Enterprise Program (BEP) development, annual budget, facility development, rules, policies and procedures prior to implementation or amendment by the SLA.

BEP areas requiring active participation include, but are not limited to, the development and execution of policies, rules, and procedures governing the training, retraining, duties, supervision, transfer, promotion, and financial participation of blind vendors, as well as the policies, rules, and procedures governing the collection and management of set aside funds. Amended 3/01  Return to Top

 

Article I – Purposes

1.01 Nature of Organization – Committee shall be the organization created and existing pursuant to the Act 20 Subsection 107b-1, and regulations promulgated thereunder by the United States Department of Education. The Committee shall be elected by and composed of blind managers licensed by the SLA in its capacity as “State Licensing Agency” pursuant to the Act, regulations thereunder, and applicable State Law and regulations.

 

1.02 Purposes – The primary purposes of the Committee shall be:

1. To ensure, on behalf of all Managers, that the Act and regulations thereunder are properly administered;
2. To act as liaison between the Managers and the SLA;

3. To act as an advocate for Managers to actively participate generally;

4. To ensure that all Managers are provided with opportunities for continued education.

 

1.03 Powers and Duties – The Committee shall have such powers and duties as are conferred by law or as may be agreed by the Committee and the SLA, and shall:
1. Actively participate with the SLA in major administrative decisions and policy and program development; decisions affecting the overall administration of the State’s Business Enterprise Program;
2. Receive and transmit to the SLA, through the Chair, grievances at the request of Managers and serve as advocates for such Managers in connection with such grievances;

3. Actively participate with the SLA in the development and administration of a system for the transfer and promotion of Managers;

4. Actively participate with the BEPB in the development of training, retraining, and upward mobility programs for Managers;

5. Sponsor, with the assistance of the SLA, meetings and instructional conferences for Managers within the State;

6. Present proposals for establishment or change of policies, program development, and any other matters within its jurisdiction, from the Committee or other Managers to the SLA;

7. Review the Program Operation Budget and make recommendations concerning fiscal effectiveness of the budget;

8. Facilitate communication with Managers on all activities and matters of interest;

9. Actively participate with the SLA in the determination of the charge to set aside funds for any purposes as set out in 34 CFR 395.09; and

10. Work with the SALA in establishing a budget for the operation of the Committee and its subcommittees subject to the approval of the SLA.

 

1.04 Tax Exempt Status
1. This organization is organized exclusively for educational and charitable purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code.

2. Notwithstanding any other provision of these articles, this organization shall not carry on any pother activities not permitted to be carried on:

a. by any organization exempt from Federal Income Tax under Section 501(c)(3) and the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Federal Law) or;
b. by any organization, contributions to which are deductible under section 170(c)(2) of the Internal Revenue Code of 1954 (or the corresponding provision of Future United States Internal Revenue Law).

3. Upon the dissolution of this organization, after payment or adequately providing for the debts and the obligations of the organization, the remaining assets shall be distributed to a non-profit fund, foundation or corporation which is organized and operated exclusively for education and charitable purposes and which has established its tax exempt status under Section 501(c)(3) of the Internal Revenue Code.  Return to Top

 

Article II – Meetings of Managers

2.01 Annual Meeting – The Managers shall meet to consider matters arising in connection with the business of the Committee no less than once annually, at such time and place as the Committee shall determine. The Managers shall elect Committee members at this annual meeting as provided below.

 

2.02 Elections – Elections shall be by secret ballot and shall be conducted under the supervision of the SLA, which shall develop procedures for such election with active participation of the Committee.

 

2.03 Election of Chair and Vice Chair – Election of the Chair and Vice Chair of the Committee shall occur prior to the election of other Committee members. The positions shall be voted upon in alternate years. If a current Committee member is elected Chair or Vice Chair, he or shall shall serve in such a capacity for a further two-year term as provided in Section 5.01, and the Managers shall, at the same meeting, elect another Manager to fill any unexpired portion of the Committee member’s term.

 

2.04 Other Committee Members – In addition to the Chair and Vice Chair, four Committee members shall be elected at the annual meeting in every odd-numbered year, and five Committee members shall be elected at the annual meeting in every even-numbered year. A separate election shall be held for each position; voting shall not be cumulative.

 

2.05 Special Meetings – Special meetings of the Managers may be called by:

1. Resolution of the Committee;
2. Call of the Chair of the Committee;

3. Petition in writing by no less than twenty percent (20%) of the Managers; provided however, that the Committee shall determine the time and place of a special meeting so called, or

4. The SLA pursuant to Section 3.04 of the ByLaws.

 

2.06 Notice of Meetings – Written notice stating the place, day, and hour of each meeting and, in the case of a special meeting, the purpose for which such meeting has been called, shall be given to each Manager not less than fifteen days before the date of such meeting, by personally delivering a copy of such notice or by depositing such notice in the US mail addressed to each Manager at the address maintained by the SLA. Notice shall be deemed given when mailed.

 

2.07 Conduct of Meeting – Each Manager shall be entitled to one vote on each matter submitted to a vote of the Managers. Twenty percent (20%) of Managers shall constitute a quorum for the transaction of business. Except as otherwise provided by law or these ByLaws, the action of a majority of the Managers present at a meeting shall be the action of the Managers.  Return to Top

 

Article III – Organization of Committee

3.01 Composition – There shall be eleven members, proportionally representative of the number of Managers in the Chicago six-county metropolitan area and the balance of the State, and likewise where possible proportionally representative of the vending facilities located on Federal and non-Federal property. This proportion shall be determined by the SLA with active participation of the Committee. Until such time as there may be a change in the number of Committee members, or a change in the geographic distribution of Managers, no less than four Committee members shall be elected from the Chicago six-county metropolitan area or downstate. Six counties are as follows: Cook, DuPage, Kane, Lake, McHenry and Will.

 

3.02 Term of Office – Each Committee members shall hold office for a period of two years, beginning upon the adjournment of the election committee or until a successor is duly elected (except as provided in Section 2.03).

 

3.03 Censure of Committee Members – If during the term of a Committee member he/she breaches the following, he/she will automatically be removed from the Committee:

1. Misses two(2) consecutive scheduled Committee meetings;
2. Misses a total of four (4) scheduled Committee meetings during his/her two (2) year term.

 

3.04 Recall – Upon petition in writing by twenty percent (20%) of the Managers and submitted to the SLA. the SLA shall call a special meeting of Managers for the purpose of determining whether a Committee member shall be recalled. In any Committee member is so recalled, an election shall be held at such meeting to elect a new Committee member for the unexpired term of the recalled Member.

 

3.05 Vacancies – Any vacancy created by the resignation of any Committee member, or for any other reason except recall, shall be appointed by the Chair with Committee approval until the next annual election.

 

3.06 Compensation – No Committee member shall receive any compensation for services rendered in that capacity. Committee members shall be reimbursed for expenses reasonably incurred in attending Committee meetings, following the State Travel Rules.  Return to Top

 

Article IV — Meetings of the Committee

4.01 Post Election Committee Meeting – There shall be scheduled a post election Committee meeting immediately following the election.

 

4.02 Regular Meetings – No less than four regular meetings of the Committee shall be held during each calendar year, at such times and places as determined by the Committee.

 

4.03 Agenda Notice – A written agenda shall be prepared and distributed prior to each regular meeting. Notice of each regular meeting, together with a copy of the agenda, shall be mailed to each Member not less than fifteen calendar days before such meeting at the address as maintained by the SLA.

 

4.04 Special Meetings – Special meetings of the Committee shall be called by the Chair, or by any four other Committee members. The date, time and place plus general purpose of such meetings shall be as specified in the notice given to each Committee member. If delivered verbally, such notice shall be given not less than two days before the date of such meeting. If mailed, such notice shall be deposited in the US mail addressed to the Committee member at the address as maintained by the SLA no less than 10 days before the date of such meeting.

 

4.05 Quorum: Manner of Acting – Six Committee members shall constitute a quorum for the transaction of business. The action of a majority of the Committee members present at any meeting shall be the action of the Committee.

 

4.06 Action by Unanimous Consent – Any action which might be taken by the Committee at a meeting may also be taken by consent in writing, setting forth the action, signed buy all Committee members.

 

4.07 Telephone Conference Call – Special meetings of the Committee may be held by telephone conference call, subject to the notice requirements for special meetings set forth above. At the time designated for such telephone conference call, the SLA shall place or cause to be placed a telephone call to each Committee member at the telephone number designated by the Committee member will be open to the public at a designated location where the public can participate in the conference call. Return to Top

 

Article V – Officers

5.01 Election: Term – The officers of the Committee shall be a Chair and a Vice Chair. The Chair and Vice Chair shall be elected as provided in Section 2.03 and shall each serve a term of two years or until a successor is duly elected.

 

5.02 Chair – Subject to the direction of the Committee, the Chair shall:

1. Supervise and control the affairs of the Committee;
2. Prepare the agenda for the meetings;

3. Receive and transmit grievances to the SLA on behalf of the Manager;

4. Have responsibility for providing appropriate assistance to a Manager in the pursuance of a grievance procedure;

5. Serve as a exofficio member of all subcommittees;

6. Must attempt to meet with the Bureau Chief, Office of Rehabilitation Services, Illinois Department of Human Services prior to at least four meetings per year;

7. Perform all duties incident to such office and such other duties as may be prescribed from time to time by the Committee.

 

5.03 Vice-Chair. The Vice-Chair shall perform all duties and exercise all powers of the Chair when the Chair is absent or otherwise unable to act. If the Chair is permanently unable to serve, assume these duties until the successor to Chair is elected at the next annual election meeting. The Vice-Chair will also perform such other duties as may be prescribed from time to time by the Committe

 

5.04 Secretary – The position of Secretary shall be held by a standing Committee member. He/she will be elected by the Committee following the election of other Committee members. The position will be voted on by the Committee annually

Duties:

1. To monitor the progress and execution of motions passed by the Committee.

2. To coordinate with the BEPB Liaison in scheduling Committee meetings and teleconferences.  Return to Top

 

Article VI – Subcommittees

6.01 Generally – There shall exist certain standing subcommittees and the Committee may, by motion, create additional special subcommittees. Subcommittees shall advice and make recommendations to the Committee, but shall not exercise the authority of the Committee except as specifically provided in these ByLaws or in the enabling resolution of the Committee.

 

6.02 Composition – Except as provided otherwise below or by motion of the Committee, each standing subcommittee shall consist of a Chair, who shall be a Committee member, elected by the Committee, and one or more additional Managers, who shall be appointed by the subcommittee Chair subject to the approval of the Committee. Such election and appointments shall occur as soon as possible following the election meeting., Each Committee member shall serve for the one year or until a successor is elected or appointed.

 

6.03 SLA Representation – The SLA shall designate an appropriate non-voting representative to each standing subcommittee, who shall receive all notices of subcommittee meetings and shall attend and participate at such meetings and other subcommittee functions.

 

6.04 Standing Subcommittees – Standing subcommittees shall be as follows:

1. Training Committee
a. Composition – The Training Committee shall be composed of five or seven members, as Chairperson, five other Managers, and a graduate from the most recent training class, for whose appointment the committee chairperson shall be responsible.
b. Duties and Responsibilities

1. to participate in structuring a comprehensive training program which will ensure certification of quality individuals in the BEPB;
2. to assist the SLA in the ongoing refinement of screening procedures of prospective clients in the BEPB;

3. to assist the SLA in the periodic review and/or revision of the curricula in training and certifying blind Managers;

4. to assist the SLA in developing procedures for the selection of training Managers and monitoring of objectives used in on-the-job training;

5. to assist the SLA in maintaining standards of certification in the BEPB;

6. to assist the SLA in the continual development of upward mobility programs and training seminars;

7. to perform such other duties and to have such other responsibilities as the Committee shall prescribe.

2. Transfer/Promotion Committee
a. Composition – The Transfer and Promotion Committee (T&P) shall be composed of five or seven members, the Chairperson and four or six other blind Managers. The Director of Personnel shall act as liaison between the T&P and the SLA.
b. Duties and Responsibilities

1. to make recommendations to the Committee concerning all aspects of movement from facility to facility;
2. to monitor the selection process, and make recommendations to the Committee to resolve whatever problems may occur;

3. to work closely with the liaison to ensure that bid announcements are as accurate as possible, and that they are sent out in a timely manner adhering to the time frames prescribed in the Vendor’s Procedure Manual;

4. to perform such other duties and to have such other responsibilities as the Committee shall prescribe.

3. Budget Committee
a. Composition – The Budget Committee shall be composed of three or five members, a Chairperson and two or four Managers.
b. Duties and Responsibilities

1. to prepare and submit to the Committee each year, a proposal for allocation of funds to the Committee in such amounts and for such purposes as the subcommittee shall determine to be appropriate;
2. to actively participate in the development, implementation and administration of all areas of the BEPB Program Budget from beginning to end;

3. to actively participate and make recommendations to the Committee and to SLA regarding financial activity in the BEPB;

4. to review the Program Operation Budget and make recommendations concerning fiscal effectiveness of the budget;

5. to perform such other duties and to have such other responsibilities as the Committee shall prescribe.

4. Program and Policy Development Committee (PPDC)
a. Composition – The PPDC shall be composed of the Subcommittee Chair, three Managers and two other person who are not Managers. At least one Manager will be a member of the Committee. This subcommittee shall be chaired by the Chair of the Committee and shall additionally include three Managers and two other persons who are not Managers. At least one Manager of the PPDC will be a member of the ICBV. All Manager members shall be elected by the Committee as soon as possible following the annual meeting. The two non-manager members of this subcommittee will be appointed by the Chair and of the Committee after pre-approval of the Committee. The Chair will designate alternates for this subcommittee.
b. Duties and Responsibilities

1. to review any major program policy recommendations from the SLA;
2. to meet to develop new policies to be forwarded on to the ICBV;

3. to develop any major policy statements;

4. to perform such other duties and to have such other responsibilities as the Committee shall prescribe.

5. Elections/Credentials Committee
a. Composition – The Elections/Credentials Committee will be composed of three members, the Chair and two other Managers.

b. Duties and Responsibilities

1) to perform the duties as required by the Election Procedures developed;

2) to oversee the credentials of Licensed Blind Managers;

3) to perform such other duties and to have such other responsibilities as the Committee shall prescribe.

6. Facility Development Committee

a. Composition – The Facility Development Committee shall be composed of three or five members, not limited to Managers.

b. Duties and Responsibilities:

1. to work in conjunction with the SLA regarding facility openings, closings and/or expansions;

2. to actively participate with the SLA in prioritizing facility development to conform to approved goals;

3. to actively participate in evaluation of current facilities and viability of consolidations;

4. to perform such other duties and to have such other responsibilities as the Committee shall prescribe.

7. Technical Services and Equipment Committee
a. Composition – The Technical Services and Equipment Committee shall be composed of a Chair and three or five Managers.
b. Duties and Responsibilities

1. to monitor the preventive maintenance program;
2. to search and track new and innovative equipment within the industry;

3. to actively participate with the SLA in the decision of prioritizing the disbursement of equipment for replacement and expansion;

4. to perform such other duties and to have such other responsibilities as the Committee shall prescribe.

8. Health & Welfare Committee
a. Composition – The Health & Welfare Committee shall be composed of a Chair and three or five Managers.
b. Duties and Responsibilities

1. to oversee and administrate such fringe benefits as presented to and approved by the general membership;
2. to determine the eligibility of Managers for such fringe benefits as may be approved;

3. to perform such other duties and to have such other responsibilities as the Committee shall prescribe.

9. Public Relations Committee
a. Composition – The Public Relations Committee shall be composed of 3 or five members, Chair and 2 or 4 other Managers.
b. Duties and Responsibilities

1. to actively promote the BEPB to internal and external; organizations, businesses and other entities as appropriate;
2. to perform the duties and responsibilities of managing editor, with the chair, developing the BEPB newsletter;

3. to actively participate in the functions of BEPB advertising through effective use of signage, logos, videos, brochures, trade shows, conferences and other means as deemed appropriate by the Committee and BEPB;

4. to perform such other duties and to have such other responsibilities as the Committee shall prescribe.

 

6.05 Special Subcommittee and Work Groups – The Chair, or subcommittee chair, in consultation with the Committee, may create or appoint work groups.

A work group is composed of a smaller, more manageable number of committee or subcommittee members, other managers, or other interested people who would be able to lend expertise and/or advice on more difficult issues. A work group is an extension of the committee or subcommittee appointed to work on special projects or tasks related to committee or subcommittee matters.  Return to Top

 

Article VII – Expenses

7.01 Elections – The SLA shall be responsible for expenses incidnet to the election of Committee members.

 

7.02 Travel Expenses – All expenses for travel shall be governed by the policies of the State of Illinois.  Return to Top

 

Article VIII – Adoption and Amendment

8.01 Adoption – These ByLaws shall be adopted by affirmative vote of two-thirds of the Managers present and voting at the meeting. Upon such adoption, these ByLaws shall govern the election and operation of the Committee until amended or repealed.

 

8.02 Modification ByLaws – The power to alter, amend, or repeal these ByLaws, or to adopt new ByLaws is vested in the Managers, by the affirmative vote of two-thirds (2/3) of the votes cast, at which a quorum is present, provided the proposed change shall have been submitted in writing to all Managers at least thirty (30) calendar days before action on the proposed change is to be taken.

 

8.03 Proposal of Amendments – Amendments may be proposed by vote to Committee or by petition of twenty (20) Managers.

 

8.04 In a general meeting , amendments must be voted on as proposed.  Return to Top

 

Article IX – Miscellaneous Provisions

9.01 Rules of Order – In all matters not covered by these ByLaws, Robert’s Rules of Order shall prevail and govern the proceedings.

 

(I, John Gordon, of the Illinois Committee of Blind Vendors, hereby certify that the foregoing is a true and accurate copy of the ByLaws of the Illinois Committee of Blind Vendors, duly adopted at a meeting of all Licensed Blind Managers, on March, 2001.)  Return to Top