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BYLAWS OF THE ADVISORY COUNCIL FOR SPINAL CORD INJURY/ TRAUMATIC BRAIN INJURY RESEARCH SOUTH DAKOTA ARTICLE I: NAME The name of this body shall be the Advisory Council for Spinal Cord Injury/Traumatic Brain Injury Research, hereinafter referred to as "the Council". ARTICLE II: PURPOSE Section 1. Authority The legal authority for establishment and administration of the Council was established by Executive Order 2004-07. Section 2. Purpose The purpose of the Council shall be to obtain federal grants, private donations, and other funds for funding scientific and rehabilitative research projects for persons with spinal cord or traumatic brain injuries, and for promotion of the advancement of knowledge in the area of spinal cord and traumatic brain injury. Section 3. Functions The Council, 1. Shall review and assign a priority score to research applications 2. May, at the discretion of the Council, seek further external scientific review of research applications submitted 3. May close the process for review of grants, rating of grants, and determination of recommended grant awards to members of the Council and professional consultants as deemed necessary by Council 4. Will submit all recommended grant awards to Governor’s office for approval. § Governor notified § President of USD notified § Award winners notified § General public notified 5. Understands that recommended grants will be administered by the USD School of Medicine 6. Shall announce all meetings on state news page and in minutes. 7. Will maintain public record of minutes with the USD School of Medicine and the Division of Rehabilitation Services 8. Will recommend announcement of grant awards via state news page. 9. Shall submit an annual report to the Governor 10. Shall seek federal grants, private donations, and other funds in order to continue the purpose of the proclamation that created the Council ARTICLE III: MEMBERS Section 1. Appointment Members of the Council shall be appointed by the Governor. Section 2. Qualifications Person’s knowledgeable of Spinal Cord Injury and/or Traumatic Brain Injury Research. Section 3. Composition and Terms Membership of the Council shall be for three years beginning April 30, 2004. Section 4. Attendance Council members may not designate persons other than themselves to attend meetings. Section 5. Resignation Any member desiring to resign from the Council shall submit her/his resignation to the Governor's Office and send a copy of the letter to the Council Chairperson. Section 6. Compensation & Expenses The Council shall seek resources from USD to reimburse members of the Council for reasonable and necessary expenses of attending Council meetings and performing Council duties (including child care and personal assistance services). Council members shall be reimbursed for travel expenses as set forth in Title 5 of the Administrative Rules of South Dakota and within the limits set by the annual appropriation approval by the Legislature. Reimbursement for expenses such as attendant services, interpreter services and drivers, necessary to allow participation by a Council member, shall be provided after prior notification to the USD. ARTICLE IV: OFFICERS Section 1. Positions The officers of the Council shall include a Chairperson and Vice-Chairperson. These officers shall comprise the Council's Executive Committee. The Council may elect additional officers as are deemed necessary. The Chairperson and Vice-Chairperson of the Council shall be selected from among Council members. Section 2. Duties a. Chairperson. The Chairperson shall preside at all Council meetings. The Chairperson, in cooperation with USD School of Medicine and designated staff, shall schedule all meetings of the Council and perform all such duties relative to the office. The Chairperson shall represent the Council in dealing with other organizations and at public meetings and conferences, or designate an alternate to do so. b. Vice-Chairperson. The Vice-Chair shall act as Chairperson in the absence of the Chairperson. In the event of the resignation, incapacity or death of the Chairperson, the Vice-Chair shall serve as Chairperson until the Council elects a new Chairperson. The Vice-Chair shall perform other duties as assigned by the Chairperson. c. Executive Committee. The Executive Committee is chaired by the Council Chairperson. The Executive Committee (1) may act on behalf of the Council to perform necessary business matters between regular meetings provided their actions receive concurrence of a majority of the Council members at the next full Council meeting; (2) acts on behalf of the Council on actions as directed by the full Council; and (3) reports regularly its work and actions to the Council. The minutes of the Executive Committee meetings shall be sent to all the Council members. Section 3. Nomination Nominations for all offices shall be made from the floor. Section 4. Election The Chairperson and Vice-Chair shall be elected by a majority vote of the full Council membership. The Vice-Chair may assume the Chairperson’s position upon the completion of his/her term(s). Section 5. Eligibility to Hold Office Officers deemed necessary shall be elected from the full Council membership. Section 6. Terms The term of offices for the Chairperson and Vice-Chair shall be three years. ARTICLE V: MEETINGS Section 1. Schedule The Council shall meet as often as necessary, as determined by the Chairperson and in cooperation with the USD School of Medicine. The Council activities shall function on a state fiscal year basis. Section 2. Quorum A quorum for a Council meeting shall be over 50 percent (50%) of the appointed Council membership. Section 3. Agenda and Supporting Materials An agenda and supporting materials shall be distributed at each meeting. Requests for items to be included on the agenda shall be submitted to the Chairperson in a timely fashion. Section 4. Open Meetings Law All meetings shall be open to the public in accordance with the State open meetings law, SDCL 1-25-1. Section 5. Voting Voting by proxy shall not be permitted. Telephone or video voting will be allowed. Section 6. Minutes Minutes will be available in draft form after reviewed and approved by the Council Chairperson. ARTICLE VI: COMMITTEES The Chairperson may appoint such standing or ad hoc committees as he/she deems necessary and shall determine the membership of those committees. ARTICLE VII: PARLIAMENTARY AUTHORITY Council meetings shall be conducted in accordance with the rules contained in the current edition of Robert's Rules of Order Newly Revised in all cases in which they are applicable and in which they are not inconsistent with these bylaws and any special rules the Council may adopt. ARTICLE VIII: AMENDMENT OF BYLAWS These Council bylaws may be amended at any meeting of the Council by a majority vote of the appointed Council membership in attendance, provided the amendment has been distributed to all Council members at the meeting. ARTICLE IX: CONFLICT OF INTEREST If an issue comes before the Council in which the member has a personal vested interest or a vested relationship with an agency, person, or grantee that will benefit from a decision related to that issue, it shall be the duty of the member to declare a conflict of interest prior to the discussion of the issue. The member shall be exempt from the right to vote on that issue. The member then will be free to participate in the discussion of the issue within the time limits established by the Chairperson for all Council members. If a member disagrees with any decision made by the majority of the Council and wishes to act contrary to that decision, it shall be the duty of the member to inform others that the action is in opposition to the Council's wishes and on behalf of the individual member only. ARTICLE X. DESIGNATED STATE AGENCY Consistent with this provision, the Governor has designated the USD School of Medicine or it's designee to serve as that agency for the Council. ARTICLE XI. BOARD STAFF Technical assistance and staff support shall be provided to the Council by the USD School of Medicine.
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