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By-Laws of Substance Abuse Services Council

Adopted January 9, 2002
Amended April 25, 2003

ARTICLE I

NAME

The name of this organization shall be the Substance Abuse Services Council, hereinafter referred to as “the Council.”

ARTICLE II

AUTHORITY

The authority for the Council is established and defined in § 37.1-207 of the Code of Virginia.

ARTICLE III

PURPOSE AND DUTIES

§ 1. The purpose of the Council shall be:

To advise and make recommendations to the Governor, the General Assembly and the State Mental Health, Mental Retardation and Substance Abuse Services Board on broad policies, on goals, and on the coordination of the Commonwealth’s public and private efforts to control alcohol and other drug abuse.

§ 2. The duties of the Council shall be:

  1. To formulate and recommend policies and goals to the Governor, General Assembly and State Mental Health, Mental Retardation and Substance Abuse Services Board;
  2. To coordinate state agencies’ programs and activities in order to prevent duplication of functions through review and comment on agency plans for substance abuse;
  3. To combine all agency plans into a comprehensive interagency state plan for substance abuse services;
  4. To review and comment on annual budget provisions regarding substance abuse and on all applications for state or federal funds or services to be used in substance abuse control programs;
  5. To develop recommendations and plans for strengthening substance abuse control activities; and
  6. To make investigations, issue annual reports to the Governor and the General Assembly, and make recommendations relevant to substance abuse upon request of the Governor.
§ 3. All policy recommendations, reports, plans and any other formal written products of the Council required by the Code shall be distributed, in final draft form, to all Cabinet Secretaries of the Commonwealth to provide an opportunity for review and comment, before each such document is finalized for presentation to the Governor and/or General Assembly.

ARTICLE IV

ANNUAL REPORT

§ 37.1-207 of the Code of Virginia requires that an annual report be made to the Governor and the General Assembly. A report shall be made available to the Governor by September 1 for consideration of budgetary and legislative recommendations formulated by the Council to address the problems of alcohol or drug abuse. In addition, a report shall be forwarded to Legislative Services by December 1 for publication and dissemination to the General Assembly.

ARTICLE V

MEMBERSHIP

§ 1. In accordance with § 37.1-207 of the Code of Virginia, the Council will consist of 24 members.
  1. The Speaker of the House of Delegates shall appoint four members of the House of Delegates
  2. The Senate Committee on Privileges and Elections shall appoint two members of the Senate
  3. The Governor shall appoint; 
    • One member representing the Virginia Sheriff’s Association;
    • One member representing the Substance Abuse Certification Alliance;
    • Two members representing the Virginia Association of Community Services Boards;
    • Two members representing statewide consumer and advocacy organizations;
    • The Commissioner of the Department of Mental Health, Mental Retardation and Substance Abuse Services;
    • The Commissioner of Health;
    • The Superintendent of Public Instruction;
    • The Director of the Department of Juvenile Justice;
    • The Director of the Department of Corrections;
    • The Director of the Department of Criminal Justice Services;
    • The Director of the Department of Social Services;
    • The Executive Director of the Commission on the Virginia Alcohol Safety Action Program;
    • The Chair of the Virginia Association of Drug and Alcohol Programs;
    • The Chair of the Virginia Association of Alcoholism and Drug Abuse Counselors;
    • The Chair of the Substance Abuse Council; and
    • The Chair of the Prevention Task Force of the Virginia Association of Community Services Boards.
  4. Appointments of agency heads shall be for terms consistent with their terms of office. All other members shall be for terms of three (3) years except an appointment to fill a vacancy, which shall be for the unexpired term. No person shall be eligible to serve more than two successive terms, provided that a person appointed to fill a vacancy may serve two full successive terms.
  5. The Governor shall appoint the Chairman from among the Members.
§ 2. All members shall have one (1) vote in matters brought for consideration before the general membership of the Council.

§ 3. 
  1. The appointed member may be represented by a designee.
  2. In order to be allowed to vote in Council business, the designee must be a specific individual named in official correspondence to the Council Chair and copied to the Vice-Chair.

ARTICLE VI

OFFICERS

§ 1. The officers of the Council shall consist of a Chair, a Vice-Chair, and Chairs of any standing or ad hoc committees.

§ 2. The Chair is appointed by the Governor. The Chair shall be the chief officer of the Council and shall coordinate all of its affairs. The Chair shall preside at all meetings of the Council. In the absence of the Chair, the duties of that office will be performed by the Vice-Chair.

§ 3. The Vice-Chair shall be elected by a simple majority of the membership present, for a term of one year. 

§ 4. Chairs of any standing or ad hoc committees shall be appointed by the Chair for a period to be specified at the time of appointment, not to exceed one year.

§ 5. The Department of Mental Health, Mental Retardation, and Substance Abuse Services shall provide staff assistance, to assure that all minutes of council meetings are recorded, send notices of meetings to members, and prepare correspondence as directed by the Council. Staff of the other organizations represented on the Council may provide additional support. 

ARTICLE VII

COMMITTEES

§ 1. The purpose of committees is to provide the general membership of the Council with information and recommendations on the committee’s designated area(s) of focus and to carry out specific tasks as assigned to them by the Chair.

§ 2. Committees will consist of a Chair and at least two other Council members appointed by the Chair. The members of the committees serve at the pleasure of the Chair. Committees may include membership from outside the Council, upon the approval of the Chair.
  1. Members of the Council may nominate outside members for the committees. Appointment of outside members to the committees shall be by the Chair of the Council upon recommendation by the committee Chair. There may be a maximum of three (3) outside members per committee. Outside members may vote within the committee, but may not vote on the council. Terms of outside members shall be for one year, and appointments may be renewed.

§ 3. There shall be three standing committees:
  1. A Comprehensive Planning Committee which will bear primary responsibility for the coordination and development of the Comprehensive Interagency State Plan and annual reports from the Council.
  2. A Program Committee that is informed about and reviews substance abuse programming within the Commonwealth for the purpose of recommending strategies to reduce duplication of effort and to foster collaborative initiatives.
  3. A Budget Committee that provides for the review of state budget requests for substance abuse reduction and control efforts for the purpose of recommending strategies for cost efficiency and effectiveness.

§ 4. Ad hoc committees may be established by action of Council or by the Chair.

ARTICLE VIII

MEETINGS

§ 1. The Council shall meet at least four (4) times annually and more often if deemed necessary or advisable by the Governor or the Chair.

§ 2. Council meetings are open to the public, provided however, that in special circumstances the Council may meet in closed session for purposes authorized by the Virginia Freedom of Information Act.

§ 3. Committee meetings shall be held, as necessary, at scheduled times and places. 

ARTICLE IX

QUORUM

The quorum for a meeting of the Council shall be ten members, one to be the Chair or Vice-Chair.

ARTICLE X

PARLIAMENTARY AUTHORITY AND VOTING

§ 1. Decisions of the Council shall be made by majority vote of the established quorum and in accordance with Roberts' Rules of Order Revised. 

§ 2. Decisions of the committees shall be by a simple majority vote of the membership of the committee.

§ 3. Voting of the Council and its committees shall normally be by voice. In every instance where a vote other than a simple majority is required, or at the discretion of the Chair, the vote shall be by the show of hands. The vote of any member will be recorded in the minutes at the request of the member. 

§ 4. A “majority” is defined as any number of votes greater than one half of the established quorum. 

ARTICLE XI

AMENDMENTS

§ 1. These bylaws may be amended at any general meeting of the Council, provided the texts of the proposed amendments have been submitted in writing to members of the Council at least 30 days prior to the vote. Submission in writing may include electronic submission. 

§ 2. Proposed amendments shall be introduced and seconded at a general meeting of the council as an order of new business.

§ 3. Amendments to these bylaws shall require a vote of 2/3 of the membership. For the purpose of obtaining votes of 2/3 of the membership, absentee ballots signed by the member may be used. Absentee ballots may be submitted electronically, utilizing the Council member’s email account of record, which shall serve as the member’s electronic signature.

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