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Council By-Laws
Contents
I.
MISSION AND VISION
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mission and vision statement
II. MEMBERSHIP
The Carroll County
Family and Children’s First Council (FCFC) will consist of mandated members
and voluntary members.
A.
Mandated Membership (as mandated by the State of Ohio)
1. ADAMHS
Board
2. Carroll
County Health Department
3. Carroll
County Department of Job and Family Services
4. Carroll
County Board of Mental Retardation/Developmental Disabilities
5. Carroll
County Juvenile Court
6. Carrollton
Exempted Village School District
7. Mayor
of Carrollton
8. Carroll
County Board of Commissioners
9. Department
of Youth Services
10. Head Start
11. Child
Care Resource Network
12. Brown
Local School District
13. Three
Parent Representatives
B.
Unmandated Members
Our Council
invites any other local, public, or private agency or group that funds,
advocates, or provides services to children or adults to have a
representative become a permanent or temporary member of the council.
C. Parent
Representatives
At least three
parent representatives will be chosen to serve on the Council. Parent
representatives will be asked to make at least a two year commitment
to the Council. Council will approve the selection of parent representatives
every two years during the January meeting. Parents may serve as
many terms as the Council allows. In the event that a parent is
unable to fulfill their commitment, Council will choose a replacement
representative for the completion of the term. If there has been
no contact from a parent representative for three consecutive months
without extenuating circumstances, Council will assume that the parent
resigns his/her membership. A replacement will be chosen according
to the process stated above.
III. STANDING COMMITTEES
Standing
committees are permanent divisions of the Family and Children First Council.
These committees must make timely reports at the Council meetings that
are informative in substance and intended to provide an awareness of the
committee’s activities.
A.
Advisory Committee
This committee
will consist of the chairpersons of each standing committee, the program
committee chairs, the council chair, the co-chair, and the council secretary.
The Advisory Committee will meet prior to each Council meeting to review
the agenda and set the focus for the meeting. It will be the responsibility
of the Advisory Committee to guide and coordinate all Council efforts.
This committee will take the lead in creating a comprehensive plan that
focuses all Council efforts. The Advisory Committee will be given tentative
authority to oversee FCFC business in the interim between meetings. They
will be allowed to form ad hoc committees to address complex issues requiring
attention prior to scheduled meetings. All decisions and recommendations
will be reviewed at the next scheduled FCFC meeting. There will be annual
elections for chairperson, co-chair, and secretary. There will be a term
limit of two consecutive years to hold a particular office. An office
holder may be chosen to fill a different office at the completion of their
two year term. This committee may only have up to 2 individuals representing
the same agency; the purpose of which is to broaden the scope of advisement.
A parent representative or an elected official will also be included if
they are not already represented.
Members:
1. Council
Chair - elected
2. Co-chair
- elected
3. Council
Secretary - elected
4. Chairpersons
from standing committees
a. FC3
b. CEC
c. Governance/By-Laws
d. Early
Childhood
e. Youth
Programs
f. Prevention
Grant Programs
g. Community
Collaboration
5. Elected
official or parent if not represented within the positions mentioned
above.
B. Finance/Audit
Committee (FC3)
The finance
committee shall be responsible for establishing annual operating budgets,
advising Council on the feasibility of funding proposals, and supervising
the fiscal agent. Once the annual budget is set, the coordinator has
authority to spend up to the limits set by the budget. Any major purchases
or changes will be brought to a semi-annual or specially called meeting
of the committee for their approval. In the event of the need for a
timely decision, a dispersal of information through faxes and a follow-up
conference call will be acceptable.
The members
of this committee are to be the representatives of the following
agencies:
1.
Board of Mental Retardation/Developmental Disabilities
2.
ADAMHS Board
3.
Carrollton Exempted Schools
4.
Department of Job and Family Services
5.
Carroll County Juvenile Court
6.
elected official
7.
parent representative
C. Governance/By-Laws
This committee
has prepared the by-laws and will continue to monitor the needs of
the council in relationship to the by-laws. These by-laws are open
ended and amendable. They will be reviewed annually by the governance/by-laws
committee. Suggestions and recommendations from the Council membership
will be considered and incorporated as appropriate. This review shall
take place in November of each year. The committee reserve the right
to modify the bylaws to fit the needs of the Council.
D. Community
Education Committee (CEC)
This committee
is charged with broadening the awareness of the impact of Council
in the community through communication and education efforts. This
committee will be responsible for creating public awareness through
dissemination of Council material, participating in various outreach
activities, and promoting other efforts to reach the community. Membership
is open to all members of the council and will be reviewed on no less
than an annual basis to insure a solid core of activity.
IV. PROGRAM COMMITTEES
Program committees
are created to handle certain funding opportunities that are channeled
through Council. The Council has the authority to modify these committees
and structure at any time. The Advisory Committee will make recommendations
concerning what funds are to be channeled to each committee. Once the
Council has approved the directing of a funding opportunity to a committee,
the committee has the authority to oversee the routine operation of the
funded program(s). The program committee will make at least monthly reports
to the Advisory Committee through the program committee chair. Major decisions
will be presented by the program chair to the Advisory Committee. The
Advisory Committee will determine whether the decision needs to be brought
before the full Council for approval.
Currently, the
Council has created four program committees which will oversee specific
funding streams.
A. Early
Childhood
This committee
is given the responsibility and authority to oversee the routine operation
of the Help Me Grow program which provides services to families in the
community with children ages 0-5. As this committee is assuming the
role of the Early Start and County Collaborative Group, they will be
responsible for creating the structure for the program, selecting appropriate
staff, and reviewing the budget. Any major modifications or program
redesigns will be brought as a recommendation from the committee to
the Advisory Committee for Council approval.
This committee
should meet on a monthly basis to properly monitor the progress of the
program. The committee is encouraged to include staff members from the
Help Me Grow program, representatives of local child serving groups,
and interested local parents or individuals in the monthly meetings.
The responsibility for decision making will be left to the listed members
below. Membership will include a representative from each of the following
organizations:
1.) The Carroll
County Board of MR/DD
2.) Head Start
3.) Carrollton
Exempted Village Schools
4.) Brown Local
Schools
5.) Conotton
Valley Schools
6.) Department
of Job and Family Services
7.) A parent
representative from Council
8.) A parent
who has/has had a child with a disability or developmental delay
B. Youth
Programs
This committee
is given the responsibility to oversee funding streams and Council programs
which deal with youth from school age through age 25. The committee will
pursue grant opportunities, fund programs and activities, and help to
fill service gaps which exist between the general service providing systems.
Currently, this committee is being given oversight of the Family Stability
Incentive Fund, the Youth Employment Services Program, and Cluster. Membership
for this committee is open to active Council members and will be reviewed
annually.
C. Prevention
Grant Programs
This committee
is currently responsible for the oversight and decision making concerning
the Wellness Block Grant (teen pregnancy prevention) and the Children’s
Trust Fund (child abuse and neglect) monies. This committee is charged
with defining the prevention needs for Carroll County and prioritizing
them accordingly. The committee will then determine which needs can
sufficiently be met with the available funds in order to provide a service
which can have a measurable impact on our community. Membership of this
committee is open to all active members of the Council and will be reviewed
annually by the Council.
D. Community
Collaboration
This committee
is given the responsibility to guide the Council’s efforts to identify
county-wide needs and facilitate coordination/collaboration to meet
these needs when reasonable. Currently, this committee does not have
any grant based funding. The committee will pursue opportunities for
funding in the areas of needs assessments, comprehensive strategies,
and community development. Membership is open to all active Council
members and will be reviewed annually by Council.
VI. RESPONSIBILITIES
A. Each
participant in the local Council shall work cooperatively with the other
members of the council to assure that services to families and children
are delivered in a timely and coordinated manner and in the least restrictive
environment.
B. No
action of the Council shall interfere with the fiscal responsibilities
or statutory requirements of any member agency. Nor will Council or
its members jointly or severally be liable for any acts, or failure
to act, of any member agency or employee of the Council. Each agency
and their respective programs or responsibilities are separate and distinct.
C. Coordinator
job description
1. shall
mail notes, minutes and reminders of meetings to council members.
2. shall
keep on file as permanent records, those papers, reports, or documents
pertaining to organizational matters.
3. represent
the Council at Family and Children First regional and state
meetings.
4. attend
in-service training offered by respective members
5. facilitate
cooperation between the membership.
6. prepare
and assist in preparation of grant applications for funding to
be channeled through the Council.
7. become
and remain familiar with the Service Coordination plan and any
amendments thereto.
8. become
and remain familiar with the agencies within Carroll County.
9. shall
perform those duties requested by the chairperson/and or the advisory
committee and other related duties.
10. The
coordinator is an ex-officio member of every committee and is expected
to be aware of and attend their meetings.
VII. VOTING RIGHTS
A. Each
agency/group will have one vote regardless of the number representatives
in attendance. Each parent representative will hold one vote. Regular
attendance is encouraged. Representation is required to cast a vote on
any issue.
B. In
approving any Council motions, a two thirds majority of quorum present
will be necessary. A quorum is defined as 7 of 16 mandated members and
4 unmandated members.
C. The
coordinator will not vote.
D. Should
3 or more members be opposed to a motion, the issue will be tabled and
given to the advisory committee to investigate and make recommendations.
The issue will be voted on at the next scheduled meeting based on recommendations
of the advisory committee. Should continued opposition by at least three
members exist, the FCFC may return the issue to the advisory committee
or begin the dispute resolution process.
E. Being
a small county will inevitably create situations where conflicts of interest
will arise. The Council understands that in these situations the State
of Ohio has policies which prohibit an individual from promoting, voting,
or lobbying for issues which would benefit themselves, their family, their
close friends, or their organization. As such, the Council requires that
any member publicly states (verbally) the potential conflict of interest
at a monthly Council meeting so that it can be entered into the minutes.
That member will then be expected to avoid influencing future Council
decisions on the matter and abstain from voting on the issue in question.
All sub-committees are expected to follow a similar procedure.
VIII. INDEMNIFICATION
A. In
the event that insurance procured by the Council, insuring council members
or employees against liability arising from the performance of their official
duties, is unavailable or the amounts the Council has procured (or is
able to procure) is insufficient to cover the amount of any claim and,
to the extent that Council members or employees are not otherwise immune
from liability pursuant to the Ohio Revised Code, the council may indemnify
a Council member or employee:
1. Against expenses,
judgments, decrees and amounts paid in settlement actually and reasonably
incurred by him in connection with any action, suit, or proceeding to
which he may have been threatened, for any action or inaction is especially
authorized by the Ohio Revised Code, if the council member or employee
acted in good faith and in a manner that he reasonably believed was
in or was not opposed to the best interest of the Council and;
2. Against any
expenses, including attorney’s fees, the council member or employee
actually and reasonably incurred as a result of a suit or other proceeding
involving the defense of any action or inaction in his capacity as the
member or employee or at the request of the Council. or in defense of
claim, issue, or matter raised in connection with the defense of such
action or inaction, to the extent that the Council member is successful
on the merits or otherwise.
B. The
termination of any action, suit or proceeding by judgment, order or settlement
shall not create any presumption that the person did not act in good faith
and in a manner reasonably believed to be in the best interest of the
Council.
IX. DISPUTE RESOLUTION
Our council shall
follow the dispute resolution process as outline in the 1996 Service Coordination
Plan. Levels 1 through 5 are listed below.
LEVEL
1
The applicable
subcommittee Coordinator shall convene a meeting of the involved agency
representatives. If there is no coordinator, then the acting Chair of
the subcommittee shall convene the meeting. The purpose of the meeting
shall be to clarify and resolve the issue or issues of dispute as it
(they) have a bearing on the appropriate courses of action, agency responsibility,
type, amount, and appropriateness of services and/or funds for services
not otherwise available. The issues shall be identified and resolved
within 7 working days of the time that the meeting is convened. This
deadline may be extended if necessary, upon mutual agreement of the
involved agency representatives. Unless mutually agreed to by consensus
of all agencies involved, no existing services shall be discontinued,
and no new service, unless unrelated to the issue at dispute shall be
commenced during this period.
LEVEL
2
If the
issue remains unresolved, the subcommittee coordinator or chair may
contact the Agency directors of the disputing agencies within 7 working
days of being notified that attempts at dispute resolution at level
1 have not succeeded. The Agency Directors shall be responsible for
resolving the dispute within 7 working days of the date of the called
meeting. In the event that the chairperson of the subcommittee is also
a director of an agency in disputation, the meeting shall be called
by a Carroll County Commissioner, or his designee. The 7 day time limit
for resolution may be extended as necessary if the agencies in dispute
mutually agree. No existing services shall be discontinued, and no new
services unless unrelated to the dispute, shall be provided during this
time period, unless mutually agreed upon.
LEVEL
3
Should
the involved Agency Directors be unable to resolve the issue at Level
2, they may refer it to the Advisory Committee of the Council for review
and recommendation at their next scheduled meeting. The Advisory committee
shall exert every effort to facilitate a final negotiated resolution.
No existing services shall be discontinued and no new services shall
be provided unless mutually agreed upon.
LEVEL
4
In the event
that the Council Advisory committee cannot resolve the issue at level
3, then the parties in dispute may seek outside mediation through the
efforts of an impartial outside arbiter. If the parties agree beforehand
that the arbitration shall be binding, then it shall be binding, however,
all parties in dispute must agree beforehand, otherwise the decision
of the outside arbiter shall be non-binding. The outside arbiter shall
be a person with demonstrated experience in formal mullet-service child
serving environments, shall have an understanding of the rights, roles
and responsibilities of the Family and Children’s First Council and
the appropriate statutes and administrative rules appropriate to Family
and Children’s First Councils, and their member agencies. The outside
arbiter shall not be an employee of an agency in the same type as any
of the agencies in dispute. The outside arbiter shall have no professional
or personal ties to the family around which the treatment plan is in
dispute. The outside arbiter shall be mutually agreed upon by all of
the disputing parties. In the event that an outside arbiter is not agreed
upon mutually by consensus, the Council Coordinator shall be responsible
for providing another outside arbiter as a replacement. Any of the above
described criteria for the arbiter may be waived by mutual consent of
the disputing parties. The cost of the arbiter shall be borne equally
by the disputing parties.
After hearing
all of the facts as presented by the disputing parties, the outside
arbiter shall issue a written letter of determination within 7 working
days of hearing, unless an extension is mutually agreed upon.
LEVEL
5
In the
even that all efforts referenced above have not resolved the dispute,
the entities may within 7 days file a motion with the Juvenile Court
asking for a hearing on the matter. The juvenile court shall hold a
hearing on the motion to determine which agencies are to provide services
or funding for services, and to direct those agencies to do so.
Nothing in
the aforementioned would prohibit any party from seeking legal relief,
independently, if they were convinced that a decision should be overturned
as an issue of law. Such legal action would lie exclusively at the initiative
of the party in disagreement. The decision of the Juvenile Court at
level 5 would remain in effect until overturned in a higher court of
competent jurisdiction. Nothing in the aforementioned shall prohibit
the disputing parties from mutual agreement to waive a level of dispute
resolution to accelerate the resolution process. Nothing in the aforementioned
shall be construed as to release entities from the obligation of providing
timely appropriate emergency services to address health, safety and
welfare of individuals in accordance with the already established emergency
procedures. The inputs of families and the child, when appropriate,
shall be solicited and incorporated into the decision-making process
at all levels of the dispute resolution process.
Individual
resolution level timelines may be waived by mutual agreement of all
disputing parties. Notwithstanding individual level timelines and any
waivers thereof, the total timeline for the dispute resolution process
shall not exceed 120 days except if waived by the mutual agreement of
all parties.
It should be
noted that the Council recognizes a clear distinction between a dispute
involving systemic resources and those legitimate disputes which a family
or service recipient may have with the services of an individual agency,
which are more properly addressed within the grievance or due process
procedures of the individual agency.
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