Board By-Laws
ARTICLE I. NAME
The name of this body is the Virginia Board for the Blind and Vision Impaired, hereinafter to be referred to as the Board.
ARTICLE II. LEGAL BASE/PURPOSE
Section 1: Legal Base
Code of Virginia, Title 51.5, Chapter 12, Section 51.5-61, 51.5-62, and 51.5-63 provides the legal base for the composition and duties of the Board.
Section 2: Purpose
The Board shall perform the following duties:
- Advise the Governor, the Secretary of Health and Human Resources, the Commissioner, and the General Assembly on the delivery of public services to and the protection of the rights of blind, visually impaired, deafblind and other persons with disabilities.
- Review and comment on policies, budgets and requests for appropriations for the Department and applications for federal funds.
- Create and hold an institutional fund into which it deposits any gift, grant, bequest, allotment, or devise of any nature received from private sources. Authorize use of the proceeds of the fund in accordance with the wishes of the donors and to strengthen the services rendered to the visually handicapped of the Commonwealth.
ARTICLE III. MEMBERSHIP/TERMS OF OFFICE
Section 1: Membership/Terms of Office
The Board shall consist of seven members appointed by the Governor for terms of four years each. No person may serve more than two successive terms, unless filling an unexpired term. Members on the Board shall at all times include four persons who are blind. Four members of the Board shall constitute a quorum for transaction of any legal business.
ARTICLE IV. ORGANIZATION
Section 1: Officers
The officers of the Board shall consist of the Chairman, Vice-Chairman, and Secretary. The Chairman shall preside at Board meetings; in the Chairman's absence, the Vice-Chairman shall preside.
Section 2: Terms of Office
The Board shall elect its officers each year with term of office beginning July 1. The Chairman shall be selected from among its blind members. Officers may be eligible for re-nomination and reelection to successive terms not to exceed four total terms.
Section 3: Meetings
The Board shall meet on a quarterly basis, except as otherwise deemed necessary by the Chairman or a majority of the Board members. All meetings shall be open to the public.
Section 4: Staffing
The Board shall be staffed by a Board Administrator appointed by the Commissioner.
ARTICLE V. SPECIAL COMMITTEES
Special committees may be constituted at any time by action of the full Board or the Chairman. Members shall be appointed by the Chairman. The Chairman may appoint non-Board members to serve on special committees if deemed necessary or appropriate. At the time a special committee is created, its mission shall be specifically established by action of the full Board or by the Chairman. In creating such special committees, the Chairman shall specify the time within which the committee is to make its report to the Board.
ARTICLE VI. CONDUCT OF BUSINESS
Section 1: Procedures
Proceedings of Board meetings shall be as prescribed by Robert's Rules of Order.
The Board may hold a work session preceding regular or special Board meetings when deemed appropriate. A work session agenda, stating the time and place of the session, shall be included with the agenda for the regular and/or special meetings of the Board.
Section 2: Executive Sessions
Prior to meeting in an executive session, the Board must adopt a motion to go into executive session. The motion must include specific reference to the substance of the maters to be discussed. The minutes shall reflect the specific Code of Virginia cite for allowable exemption from an open meeting. Matters which may be discussed in an executive session are specified by the Virginia Freedom of Information Act and include:
- Consideration of employment, assignment, appointment, promotion, demotion, and salaries, disciplining, or resignation of appointees or employees of the Department for the Blind and Vision Impaired.
- Protection of the privacy of individuals in personnel matters not related to public business.
- Consultation with legal counsel and briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation or other specific legal matters within the jurisdiction of the Board.
At the conclusion of the executive session, the Board shall reconvene in open session and certify by recorded vote that only matters lawfully exempted from open session, as indicated in the motion for executive session, were discussed. Action taken in executive session must be confirmed in public session.
Section 3: Reimbursement of Expenses
The members of the Board may receive reimbursement for reasonable expenses, as governed by the Virginia State Travel Regulations, incurred while attending meetings of the Board or assigned committee meetings or in performing duties as a member of the Board as authorized by the Chairman.
ARTICLE VII. REPORTS
The Board shall provide reports to the Governor, Secretary of Health and Human Resources and the General Assembly upon request.
ARTICLE VIII. OFFICIAL PAPERS
Official records of the Board, except records of executive sessions, shall be kept on file in the Department for the Blind and Vision Impaired and shall be open to inspection. Records of executive sessions will be maintained separately and are not open to the public. All records will be maintained for five years.
ARTICLE IX. PUBLIC PARTICIPATION
Major presentations before the Board shall be limited to ten minutes each, with additional or supportive speakers being allowed two minutes. Members of the public who attend Board meetings should notify the Department in advance if special accommodations are needed. Speakers before the Board are encouraged to provide written copies of their presentations. Written comments supporting a position are strongly encouraged.
ARTICLE X. PRESENTATION AND ACTION ON RESOLUTIONS
Resolutions to be acted upon by the Board shall be included in the agenda materials distributed prior to a regular meeting or mailed directly to Board members prior to such distribution of agenda materials.
Unless otherwise specified by the Board Chairman, resolutions that are not included in the agenda materials distributed prior to a regular meeting shall be presented in writing and given to each member of the Board on the day of the meeting. Such resolutions shall be considered only with the consent of a majority of the Board members present and shall be discussed at a time designated on the agenda. Actions may be taken by a minimum of four affirmative votes.
ARTICLE XI. AMENDMENTS
The by-laws of the Board may be amended at any meeting of the Board by an affirmative vote of the majority of the Board membership, provided that the proposed amendment has been approved by the Board at a previous regular meeting.
Approved: July 20, 1999
