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ARTICLE I: NAME
The name of this body shall be the South Dakota Public Safety Communications Council, hereinafter referred to as "SDPSCC".
ARTICLE II: PURPOSE
Section 1. Authority
The legal authority for establishment and administration of the SDPSCC rests in South Executive Order 2007-05 signed by Governor Rounds March 14, 2007.
Section 2. Purpose
The purpose of the SDPSCC shall be to serve to provide oversight for providing policy level direction related to planning, designing, and implementing guidelines, best practices, and standard approaches to address South Dakota's public safety communications interoperability issues
Section 3. Functions
The SDPSCC shall, after consulting with the Bureau of Information and Telecommunications (BIT)--
- (1) Update protocols and standards for the operation and use of the South
Dakota Interoperable Communications System (SDICS). - (2) Develop strategies and recommendations to improve current and future operations of the SDICS.
- (3) Develop recommendations for legislation or other state action that may be
required to further promote public safety communications in South Dakota. - (4) Develop recommendations and strategies for best utilization of grant
funding to improve communications in South Dakota. - (5) prepare and submit an annual report to the Governor, the BIT
Commissioner, and others as necessary on the status of communications
interoperability in the state;
Section 1. Appointment
Members of the SDPSCC shall be appointed by the Governor. The Governor shall select members after soliciting recommendations from representatives of organizations representing a broad range of users utilizing the SDICS.
Section 2. Qualifications
A majority of SDPSCC members shall be persons who are familiar with communications practices within South Dakota.
Section 3. Terms
Membership of the SDPSCC shall serve for a term of one year which ends on June 30th. Members may be reappointed for no more than three consecutive terms. Representatives of state agencies shall serve as long as their agency directs.
If an appointment or reappointment has not been made, a member shall continue to serve at the pleasure of the Governor until such appointment or reappointment is made, as stipulated by South Dakota Codified Law (Section 3-14-1).
Section 4. Attendance
SDPSCC members may designate persons other than themselves to attend meetings as a non-voting attendee. SDPSCC members shall notify BIT staff when they are unable to attend a meeting.
SDPSCC members missing two consecutive meetings without an excused absence shall be considered a member not in good standing. The SDPSCC Chair shall contact the member concerning the member�s ability and/or interest in continuing to serve on the SDPSCC.
Section 5. Resignation
Any member desiring to resign from the SDPSCC shall submit her/his resignation to the Governor's Office and send a copy of the letter to the SDPSCC Chairperson.
Section 6. Compensation & Expenses
The SDPSCC may use funds appropriated under the general fund allocation to BIT for reasonable and necessary expenses of attending SDPSCC duties. Members serving on the SDPDCC 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 approved by the Legislature.
ARTICLE IV: OFFICERS
Section 1. Positions
The officers of the SDPSCC shall include a Chairperson, Vice-Chair and Member-at-Large. These officers and the Technical Administrator for BIT shall comprise the SDPSCC Executive Committee. The SDPSCC may elect additional officers as are deemed necessary. The Chairperson, Vice-Chair and Member-at-Large of the SDPSCC shall be selected from among SDPSCC members.
Section 2. Duties
- a. Chairperson. The Chairperson shall preside at all SDPSCC meetings. The Chairperson, in cooperation with BIT, shall schedule all meetings of the SDPSCC and perform all such duties relative to the office. The Chairperson shall represent the SDPSCC 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 SDPSCC elects a new Chairperson. The Vice-Chair shall perform other duties as assigned by the Chairperson.
- c. Member-at-Large. The Member-at-Large shall serve as a member of the Executive Committee.
- d. Executive Committee. The Executive Committee is chaired by the SDPSCC Chairperson. The Executive Committee (1) may act on behalf of the SDPSCC to perform necessary business matters between regular meetings provided their actions receive concurrence of a majority of the SDPSCC members at the next full SDPSCC meeting; (2) acts on behalf of the SDPSCC on actions as directed by the full SDPSCC; and (3) reports regularly its work and actions to the SDPSCC. The minutes of the Executive Committee meetings shall be sent to all SDPSCC members.
Nominations for all offices shall be made from the floor.
Section 4. Election
The Chairperson, Vice-Chair and Member-at-Large shall be elected by a majority vote of the full SDPSCC membership. Elections shall be held during the final quarter of the State fiscal year (April, May or June). 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 SDPSCC membership.
Section 6. Terms
The term of offices for the Chairperson, Vice-Chair and Member-at-Large shall be one year.
Section 7. Vacancies
Vacancies in the offices shall be filled by a majority vote of the members in attendance at the next SDPSCC meeting. Officers so elected shall serve for the remainder of the vacated term and shall be eligible for election to a full term.
ARTICLE V: MEETINGS
Section 1. Schedule
The SDPSCC shall meet as often as necessary, as determined by the Chairperson and in cooperation with BIT staff, but at least quarterly. The SDPSCC activities shall function on a state fiscal year basis.
Special meetings of the SDPSCC may be called by the Chairperson, the Designated State Agency or upon the written request of five or more SDPSCC members.
Notice of special meetings shall be made to all SDPSCC members, not less than 10 days prior to the meeting, stating the purpose(s) of the meeting. No other business shall be transacted at a special meeting.
Section 2. Quorum
A quorum for a SDPSCC meeting shall be over 50 percent (50%) of the appointed SDPSCC membership.
Section 3. Agenda and Supporting Materials
An agenda and supporting materials shall be distributed 10 days in advance. Requests for items to be included on the agenda shall be submitted to the BIT Staff 14 days prior to the meeting.
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.
Section 6. Minutes
The minutes of all regular and special meetings shall be filed and available for inspection by the public at all times at the BIT Commissioners Office, as set forth in SDCL 1-25-3. Minutes will be available in draft form after reviewed and approved by the SDPSCC Chairperson.
Section 7. Public Notice
Public notice of all meetings shall be given by posting the agenda outside the principal place of business at least 24 hours prior to any meeting as set forth in SDCL 1-25-1.1.
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
SDPSCC 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 SDPSCC may adopt.
ARTICLE VIII: AMENDMENT OF BYLAWS
These SDPSCC bylaws may be amended at any meeting of the SDPSCC by a majority vote of the appointed SDPSCC membership in attendance, provided the amendment has been distributed to all SDPSCC members at least 10 days prior to the date of the meeting.
ARTICLE IX: CONFLICT OF INTEREST
If an issue comes before the SDPSCC in which the member has a personal vested interest or a vested relationship with an agency or person 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 SDPSCC members.
If a member disagrees with any decision made by the majority of the SDPSCC 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 SDPSCC's wishes and on behalf of the individual member only.
ARTICLE X. DESIGNATED STATE AGENCY
Per the Executive Order 2007-05 creating the SDPSCC, the council shall be administered and funded by the South Dakota Bureau of Information and Telecommunications.
ARTICLE XI. COUNCIL STAFF
Technical assistance and staff support shall be provided to the SDPSCC by the Telecommunications division of the South Dakota Bureau of Information and Telecommunications.