Civil Rights Advisory Committee By-Laws

By-Laws of Montana Civil Rights Advisory Committee
Revised April 2006

Preamble

The Montana Civil Rights Advisory Committee (MCRAC) is responsible to the Deputy Equal Opportunity Officer (DEOO) for Montana. The DEOO is the State Conservationist. The committee serves the following functions:

• Serve as an advisory body to the State Conservationist, to promote and assist in meaningful and effective affirmative employment and program delivery consistent with the goals and objectives set forth by management.
• Identify and bring to management’s attention any trends, problems, issues or concerns, as related to effective affirmative employment and program delivery.
• Act as a forum for an exchange of ideas and action proposals on sensitive issues, matters, or concerns of an Equal Employment Opportunity (EEO) nature.
• Make written recommendations to the State Conservationist regarding policies, practices and procedures as they effect equal opportunity in Montana NRCS.
• Promote and communicate the efforts of the management to achieve and operate a realistic and ongoing EEO program.

The MCRAC does not receive, investigate, or in any way adjudicate individual or class action complaints of discrimination. Technical guidance and work assignments for the committee is provided by the DEOO, who will ensure that special emphasis activities are integrated in the overall civil rights program.

Article I: Name

Section 1:

Name: The name of this Committee shall be the USDA NRCS Montana Civil Rights Advisory Committee (hereafter, the "MCRAC").

Article II: Purpose

Section 1:

Purpose: The purpose of this MCRAC shall be to serve as an advisor on employment and program delivery issues to the DEOO in Montana.

Section 2:

Responsibilities: Specific responsibilities of the MCRAC are listed under the Preamble.

Article III: Members

Section 1:

Number: The MCRAC will be composed of 12 voting members, including the six Special Emphasis Program Managers (SEPMs). The State Conservationist may appoint additional non-voting member(s) from any discipline he or she determines to be appropriate.

Section 2:

Vacancies: When vacancies occur on the committee, the State Conservationist will issue a vacancy announcement or may appoint a member while keeping in mind the diversity of the workforce and the ex officio factors listed in Section 3 below. The State Conservationist will make the final selection.

Section 3:

Membership: The MCRAC membership shall be representative (to the extent practicable) of all employees in various classification series, grade levels, sex, race and geographical locations in Montana, NRCS.

Section 4:

Term: Montana Civil Rights Advisory Committee members shall serve a three year appointment, and may reapply for a second three year term, not to exceed six consecutive years.

Section 5:

Appointment: The members shall serve overlapping terms.

Section 6:

MCRAC members shall be permanent NRCS employees who are willing to serve on the MCRAC.

Section 7:

The appointment terms shall begin in the month of October, except where it is made to fill a term that has not expired, and will terminate at the end of the month of September so as to coincide with the fiscal year.

Section 8:

Unfilled Term: In the event a MCRAC member leaves before serving a full term, a replacement will be made using the procedures outlined in Article III, Sections 2, 3, 6 and 8. The person filling a term that has not expired, may apply to serve a full term not to exceed three years at the end of their initial appointment.

Section 9:

Resignation: It is assumed that members of the MCRAC will serve their complete terms. If resignation is necessary, it shall be done by notifying the DEOO and the MCRAC Chair in writing or by Email. The DEOO makes the final decision concerning the resignation.

Article IV: Officers

Section 1:

Officers: The officers of the committee shall be a Chair, Vice-Chair, and Secretary.

Section 2:

Eligibility: Any voting member of the MCRAC is eligible to serve as an officer of the MCRAC.

Section 3:

Election of Officers: The officers shall be elected annually by the MCRAC existing members and may be re-elected not to exceed three years.

Section 4:

Term: The officers shall serve a one year term and may be re-elected annually not to exceed three consecutive one-year terms.

Section 5:

Duties: The officers shall perform the duties prescribed by these by-laws, following standard parliamentary procedure according to "Robert’s Rules of Order". Chair: The Chair is responsible for coordination of meetings and development of meeting agenda. He or she shall vote only to make or break a tie. The Chair is responsible to ensure the presence of a Secretary prior to the commencement of the meeting. The Chair is responsible for providing leadership in the process to review and update the APO and By-laws. Vice Chair: The Vice Chair shall assume the responsibilities of the Chair if the Chair is absent.

Secretary: The Secretary is responsible for recording minutes of all MCRAC meetings (face-to-face or teleconference). The Secretary shall send copies of the minutes to each voting member and advisor, and upon the DEEO approval, submit meeting minutes to the Web Master for state-wide publication. If the elected Secretary is unable to attend a meeting, the Chair will appoint a voting MCRAC member to serve in the Secretary’s absence.

Article V: Meetings

Section 1:

Meetings: Meetings shall be held quarterly. The Committee Chair in consultation with the State Conservationist and MCRAC members shall set the exact dates. Teleconferences may be utilized. Face-to-face meetings will be subject to state budget.

Section 2:

Special Meetings: The Chair in consultation with MCRAC members and the State Conservationist may call special meetings as needed to conduct specific business of importance.

Section 3:

Quorum: A majority of the voting members (7) shall constitute a quorum.

Article VI Voting

Section 1:

Exception: Unless as otherwise specifically provided for in these by-laws, decisions shall be reached by a majority vote of the members at meetings in which a quorum is present.

Section 2:

Proxy: Voting by proxy shall not be permitted except on votes pertaining to amendment of the by-laws.

Article VII Subcommittees

Section 1:

The voting members of the MCRAC shall create and dissolve their Subcommittees as determined appropriate.

Section 2:

Subcommittee Chair: The Chair of each standing subcommittee shall be elected by the members of the respective subcommittee at the regular meeting.

Section 3:

The Chair shall be an ex officio member of all subcommittees.

Article VIII Removal of Members

Section 1:

Removal of a member from the MCRAC shall be for cause determined by a majority as stated in Article VI, section 1. The State Conservationist must approve the decision.

Article IX Amending By-Laws

Section 1:

Motion to amend these by-laws may be submitted to the MCRAC Chair by any voting MCRAC member.

Section 2:

Decisions to amend the by-laws shall be reached by a majority vote of the members at the meeting in which a quorum is present.

Section 3:

All amendments to these by-laws are subject to approval by the State Conservationist. These By-Laws are hereby submitted for approval:

Recommended:
John Blaine (chairperson)
April 25, 2006 (Date)

Approved:
Dave White (State Conservationist)
April 26, 2006 (Date)