By-Laws of the North Dakota State Council On

COUNCIL POLICIES

AND

PROCEDURES

March 2014

TABLE OF CONTENTS

Governing Authority...... 1

Mission...... 1

Review...... 1

Council Organizational Chart...... 1

Assurances...... 2

Communication Guidelines for Council Members and Staff...... 2

Responsibilities of the Council...... 2

Responsibilities of the Executive Director...... 2

Council Meetings...... 2-3

Code of Conduct...... 3

Council Meetings and Members Manual...... 4

Council Member Orientation and Training...... 4

Stipends and Reimbursement for Council Member Expenses...... 4

National Association of Councils on Developmental Disabilities (NACDD)...5

Development of the 5 Year State Plan...... 5

Review of the State Plan...... 5

Annual Program Performance Report (PPR)...... 5

Budget...... 6

Website...... 6

State Plan Activities...... 6-8

Grant Application Process...... 8

Conflict of Interest...... 8-9

Exceptions...... 9

Appendix A...... 10-17

• Grant Application Process
• Notice of Grant Application
• Right of Rejection
• Terms and Conditions
• Evaluation of Applications
• Standard Contract Provisions
• Taxes and Taxpayer Identification Number
• Payment Procedures
• Grantee Conflict of Interest
• Applicant’s Certification
• Open Records Laws
• Funding Decisions
• Notice of Intent to Award
• Contract Amendments
• Training and Site Visits
• Funding Restrictions
• Financial Monitoring and Independent Audits
• Termination of Grant Funding

Appendix B Conflict of Interest Statement………………………………………18-20

1

North Dakota State Council on Developmental Disabilities

Council Operating Policies and Procedures

GOVERNING AUTHORITY

The Council is established in state statute as the North Dakota State Council on Developmental Disabilities in 1979 under Chapter 25-01-01.1 of the North Dakota Century Code, in accordance with the federal Developmental Disabilities Assistance and Bill of Rights Act (DD Act). The North Dakota Department of Human Services serves as the Council’s Designated State Agency (DSA). The Governor, consistent with the Developmental Disabilities Assistance and Bill of Rights Act and the Council by-laws, appoints membership of the Council.

It is the responsibility of the Executive Director, in conjunction with the membership committee, to notify the Council and Governor’s office of expiring terms and resignations, or any other information related to the eligibility of Council appointees.

MISSION

The mission of the North Dakota State Council on Developmental Disabilities (hereinafter called “NDSCDD”, "the Council" or “Council”) is to advocate for policy changes that promote choice, independence, productivity and inclusion for all North Dakotans with developmental disabilities.

The mission of the North Dakota State Council on Developmental Disabilities (hereinafter called “NDSCDD”, “the Council” or “Council”) is to advocate for policy changes that promote choice, independence, productivity and inclusion for all North Dakotans with developmental disabilities (DD). The Council supports and provides funding for projects and activities that maximize opportunities for consumers and families. The NDSCDD serves in planning and advisory capacity to state policymakers and agencies relative to services for persons with developmental disabilities.

REVIEW

The policies and proceduresguide shall be reviewed as needed by the Council’s Executive Director in consultation with the Council’s executive committee. All proposed changesmust be approved by a quorum of the Council.

COUNCIL ORGANIZATIONAL CHART

ASSURANCES

NDSCDD shall follow the requirements of the DD Act regarding budgeting, staff hiring, supervision and staff assignments. Budget expenditures must be consistent with applicable state laws and policies regarding grants, contracts and proper accounting and bookkeeping practices and procedures. In relation to staff hiring, the clause, “consistent with state law” means the hiring of the Council staff must be done in accordance with the state of North Dakota personnel policies and procedures, except that North Dakota shall not apply hiring freezes, reductions in force, prohibitions on staff travel, or other policies to the extent that such actions would impact staff or functions funded with Federal funds and would prevent the Council from carrying out its functions under the Act.Written and signed assurances are submitted to Administration on Intellectual and Developmental Disabilities (AIDD) regarding compliance with all requirements specified in Section 124 (C) (5) (A) – (N) in the DD Act. (Changed ADD to AIDD)

COMMUNICATION GUIDELINES FOR COUNCIL MEMBERS AND STAFF

Council members should communicate directly with the Executive Director on all ideas, suggestions, questions, concerns and requests regarding day-to-day operations of the Council. On matters concerning specific committee business, it is the responsibility of the committee chair to handle their committee meetings, communications, etc. and share information with the Executive Director as appropriate. Staff or Council member conflicts will be handled through the Executive Director or the Council chair.

RESPONSIBILITIES OF THE COUNCIL

The Council is responsible for establishing the policy framework through which statutory responsibilities are carried out. The Executive Director receives direction from the Council and is accountable for carrying out the day-to-day operations and administration of all Council staff, programs and functions. Specific Council responsibilities are listed in Article III of the Council by-laws.

RESPONSIBILITIES OF THE EXECUTIVE DIRECTOR

The Executive Director is responsible for the effective and efficient administration of the operations established by the Council. The Executive Director’s responsibilities are specified on state form (SFN) 2572, Job Description Questionnaire).

COUNCIL MEETINGS

Council meetings shall comply with North Dakota’s open records and meeting laws. The Council’s Executive Director, in conjunction with the Council chair is responsible forgenerating meeting agendas. It is the intent of the Council to assure that business conducted in meetings of the Council andits committees are properly recorded and distributed. The Council’s administrative assistant is responsible for taking minutes at each meeting. Council meeting minutes shall be kept on file and will include:

• Date of the meeting
• Names of members present and absent
• Approval of minutes from previous meeting
• Topics discussed
• Decisions reached and actions taken
• Roll call votes, if applicable
• Program and fiscal reports from the Executive Director

Written minutes of each committee meeting shall be prepared under the supervision of theExecutive Director and shall be provided to Council members in a timely manner. Once the minutes are complete, they will be filed on the Council’s website and kept electronically. Should any Council member like a printed copy mailed to them after the meeting, a request can be made through theExecutive Director.

CODE OF CONDUCT

The members and staff of the Council shall conduct themselves in accordance with the following code of conduct:

Council members and staff will:

• uphold the duties of their position and promote the mission of the Council,

which is intended to improve the quality of life for North Dakotans with

disabilities and their family members

• advocate for the development and promotion of public policy that addresses

the needs and concerns of North Dakotans with developmental disabilities

and their families

• attend and actively participate in Council and committee meetings
• support the Executive Director in his/her day-to-day activities
• maintain an on-going awareness of the evolving needs of individuals with

developmental disabilities and their families and advocate for those needs

• avoid using their positions on the Council to further their own interests.
• respect the privacy of discussions and hold in confidence all information

obtained in the course of service, until such time decisions have been

finalized and made public

• respect the rights and views of other members and colleagues and treat them

with fairness, courtesy and good faith

• harassment or discrimination will not be condoned
• participate in promoting the Council and educating the general public about

the Council

COUNCIL MEETINGS AND MEMBER MANUAL

In addition to this guide, Council members shall be provided with a membership manual thatwill include copies of the most current DD Act, National Association of Councils on Developmental Disabilities (NACDD) information, rosters, by-laws, the State Plan, annual reports and other pertinent information related to the Council. Council staff will update the binder information as necessary and it is the responsibility of each Council member to replace expired documents with any new information provided.

Questions regarding the membership manual and information contained therein should be directed to the Executive Director.

1.Any member unable to attend a meeting should call the Executive Director prior to the meeting to inform him / her of their planned absence.

2.The Executive Director will call any member who has not attended two consecutive meetings to discuss ways that the Council can support the person to attend.

3.If a member has not attended three consecutive meetings, the Executive Director will contact the Governor’s office. In doing so the Executive Director will inform him/her that the member has not attended three meetings, nor meet the qualifications of attendance outlined in the Council’s bylaws Article 9, Section 6, Council Meeting Attendance.

COUNCIL MEMBER ORIENTATION AND TRAINING

As members are appointed to the Council, theExecutive Director will meet with the newly appointed member(s) in person before his/her first Council meeting. Training with the new member will cover all materials in the Council Member Manual and any other information the Executive Director deems necessary.

New members will be encouraged to attend the pre-meeting or contact the Executive Director to review the agenda and meeting materials, to ensure they are able to fully participate in Council meetings.

STIPENDS AND REIMBURSEMENT FOR COUNCIL MEMBER EXPENSES

Members of the Council, their designees and non-Council members who are serving on Council committees are eligible for reimbursement of allowable expenses related to their attendance at Council meetings, retreats, pre-approved out of state Council travel and other Council sponsored or affiliated activities. Reimbursable expenses include, but are not limited to: mileage, transportation, parking fees, hotels, per diem allowances, telephone charges, baggage fees, respite/child care, interpreter services and attendant care services. Each Council member is responsible for making his/her own travel and lodging arrangements. For additional specifications, please refer to the Travel and Expense Reimbursement Form for NDSCDD members in the Council member manual.

Council members are entitled to stipends for their time and work on the Council. Stipends of $70 may be submitted for a meeting over four hours in length and $35 for a meeting under four hours in length.

Out of state travel – Approved members of the Council will be reimbursed for travel expenses, subject to state travel laws, up to two disability meetings/conferences per year, such as the Administration on Intellectual and Developmental Disabilities (AIDD) meetings, the National Association of Councils on Developmental Disabilities (NACDD) conferences, or the Disability Policy Conference. The Executive Director is responsible for pre-approving Council members’ out of state travel. Members should not make travel arrangements until final approval has been granted. The Council’s administrative assistant is responsible for organizing and filing travel reimbursement paperwork to the Council’s fiscal liaison. Council members must complete the required state forms to be reimbursed.

NATIONAL ASSOCIATION OF COUNCILS ON DEVELOPMENTAL DISABILITIES (NACDD)

NACDD serves as the national voice of Councils on Developmental Disabilities, to support Councils in implementing the Developmental Disabilities Assistance and Bill of Rights Act (DD Act), and to promote the interests and rights of people with developmental disabilities and their families. The Council shall pay dues annually to belong to the national organization.

DEVELOPMent of the 5 YEARSTATE PLAN

In order to receive federal funding allotments from the AIDD, the Council must prepare, submit and have in effect, a State Plan for Developmental Disabilities. The DD Act requires Councilsdevelop the State Plan based on data-driven strategic planning. The Council has the obligation of administering the State Plan over five consecutive federal fiscal years. This plan includes specific goals, objectives and activities, which will be undertaken by the Council.

The DD Act empowers Council members to be the driving force behind the State Plan.

In creating the State Plan, the Council will utilize the recommended timelines and procedural information, available through the Information and Technical Assistance Center for Councils on Developmental Disabilities (ITACC).

REVIEW OF THE STATE PLAN

The State Plan must be reviewed annually during the Council’s summer or fall quarterly meeting. In addition the State Plan will be reviewed throughout the year by the State Plan Committee, who will make formal recommendations to the Council on the plan, amendments, and possible council activities or grants for demonstration projects. If approved by AIDD, State Plan amendments are required to be reported to them by December of each year.

ANNUAL PROGRAM PERFORMANCE REPORT (PPR)

The Council shall annually prepare and transmit to AIDD, a program report containing information about the progress made by in achieving its five year goals. The Executive Director is responsible for creating and submitting the report by January 1 of each year. The Council shall annually prepare and transmit to AIDD a fiscal report by December 31 of each year. The Council’s fiscal liaison through the designated state agency is responsible for creating and submitting this report on time and the Executive Director is responsible for reviewing, approving and validating the fiscal report each year.

The Council shall prepare a user friendly annual report containing information about the past year’s progress made in achieving its goals, objectives and activities. The report will be shared with the Council during the spring quarterly meeting. The report shall be added to the annual report section of the Council’s website.

BUDGET

Annual Council operational budgets are prepared by the Executive Director in May of each year. Budgets include projected amounts of the Basic State Grant Allocation (BSGA),any carry over funding from the previous year, matching contributions of the designated state agency, proposed annual expenditures and grant project requests. The Executive Director prepares an administrative budget, an administrative budget comparison and a forecast of funding for the upcoming year. The proposed operating budget is reviewed and modified by the executive committee and is forwarded with recommendations to the Council. In March, the Council reviews and approves the operating budget for the upcoming federal year.

It is the responsibility of the Executive Director to oversee and monitor the budget throughout the year. Line item budget changes can occur at the discretion of the Executive Director, but must never exceed the total approved annual budget.

The Executive Director works in conjunction with the fiscal liaison from the designated state agency to assure bills/reimbursements are paid in a timely manner, quarterly spreadsheets are maintained, federal fiscal laws are followed, federal fiscal reports are filed and legislative budgets through the designated state agency are prepared.

WEBSITE

It is the responsibility of Council staff to maintain and update the Council’s website. The website and domain name are supported in a collaborative effort with the North Dakota Center for Persons with Developmental Disabilities (NDCPD). The Executive Director works closely with an NDCPD technical staff person to ensure the website is accurate and updated in a timely and efficient manner.

STATE PLAN ACTIVITIES

The Council’s State Plan provides funding for projects that demonstrate approaches that enhance choice, independence, productivity and inclusion into the community of individuals with developmental disabilities and their families. The Council shall serve as an advocate for individuals with developmental disabilities and conduct or support programs, projects, and activities that carry out the purpose of advocacy, capacity building, and systemic change activities.

Demonstration Grants - The Council may support and conduct, on a time-limited basis, activities to demonstrate new approaches to serving individuals with developmental disabilities, which are a part of an overall strategy for systemic change. The state plan may provide for funding of projects to demonstrate new approaches to enhance the independence, productivity, and integration and inclusion of individuals with developmental disabilities. Demonstration projects are typically innovative and easily replicated, are not to exceed three years in duration, and should include strategies for securing funds for continuing the project from sources other than funds received under the DD Act. In addition, the State Plan may provide for funding of a broader range of projects such as studies, evaluations, outreach, advocacy and self-advocacy, training, community supports, public education, prevention, and other activities. Based on their intended purposes, longer periods of time may be required to achieve desired project results and there may be occasions when a project does not need to be time limited.

There are several types of funding opportunities available through the North Dakota State Council on Developmental Disabilities.

Small Innovative Grants
The Council sets aside funds each year to invest in small, one-time-only projects or activities of a limited duration. Small grant awards are $2,500 or less.

Small Grants for Self-Advocacy Groups
These are Small Grants of $2,500 or less that support Advocacy Groups led by people with developmental disabilities.
Teen Grants

These are small grants of up to $500 per project to teens or young adults, ages 14 – 21, who want to make their schools or communities more welcoming to people of all abilities.