AIEOC By-Laws

By-Laws of the California State Department of Education’s:
American Indian Education Oversight Committee

Article I: Name

The American Indian Education Oversight Committee hereinafter referred to as the “AIEOC”.

Article II: Authority & Purpose

The AIEOC is established by California Education Code (EC) Section 33370 (g) to provide input and advice to the State Superintendent of Public Instruction, hereinafter referred to as “SSPI” on all aspects of American Indian education programs established by the state.

Article III: Appointment

The AIEOC shall consist of voting members appointed by the SSPI. The AIEOC must be comprised of at least seven educators, four of whom shall be American Indian education center directors and shall possess proven knowledge of current educational policies relating to, and issues faced by, American Indian communities in California. All AIEOC members serve at the pleasure of the SSPI (EC 33370 [g]).

Section 1. Vacancies

Any vacancy shall be filled by appointment by the SSPI.

Section 2. Conflict of Interest

AIEOC members shall file statements of economic interest (form 700) and complete all ethics training as required by the Fair Political Practices Commission.

Article IV: Officers and Duties

Section 1. Officers

Officers of the AIEOC shall be a chairperson, vice chairperson, and a parliamentarian.

Section 2. Elections

The chairperson and vice chairperson shall be elected at the first meeting of each calendar year in accordance with the procedures set forth in this section. The Chair will appoint the Parliamentarian.

• Newly elected officers assume office immediately following the election
• No member may nominate himself or herself for any position
• A plurality of votes of the AIEOC members present is necessary to elect an officer
• In the event an officer vacancy occurs during a calendar year, an election shall be held at the next meeting

Section 3. Duties of the Chair

The chairperson shall:

• Preside at all AIEOC meetings
• Work with California Department of Education (CDE) staff in preparing agendas for AIEOC meetings

Section 4. Duties of the Vice Chairperson

The vice chairperson shall:

• Preside at AIEOC meetings in the absence of the chairperson
• Fulfill all duties of the chairperson when he or she is unable to serve

Section 5. Duties of the Parliamentarian

The Parliamentarian shall have the following duties:

• Develop sufficient familiarity with AIEOC By-Laws and Roberts Rules of Order to advise the Chair on rules of procedure
• Keep copies of the Roberts Rules of Order Revised at all AIEOC meetings
• Perform any other duties assigned by the Chair

Section 6. Acting Chairperson

In the absence of the AIEOC chairperson and vice chairperson, the AIEOC chairperson shall designate an acting chairperson for purposes of a meeting where the chairperson and vice chairperson are absent.

Article V: Membership

Section 1. Duties of Members

The AIEOC shall act under the authority delegated to it by the SSPI. All AIEOC members are required to comply with the Bagley-Keene Open Meeting Act. AIEOC members must be prepared to carry on the duties of the AIEOC, which include but are not limited to:

• Shall meet as needed to conduct regular business
• Keep abreast of local, state, and national issues effecting American Indian education
• Be fully prepared for and participate in AIEOC meetings
• Submit agenda items for AIEOC meetings to the Chair
• Other duties and services of oversight as requested by the SSPI

Section 2. Attendance Requirements

All AIEOC members are expected to attend all scheduled meetings in their entirety. Excused absences must be pre-arranged and confirmed with AIEOC Chair or CDE staff. An attendance problem occurs if any of the following conditions exist regarding a AIEOC member's attendance to planned AIEOC meetings:

• The member has two unexcused absences in calendar year
• The member has three regular meeting absences

Section 3. Recommendation for Removal

AIEOC members serve by the appointment of the SSPI. Problems with individual members may arise that interrupt the effective work of the AIEOC. The AIEOC Chair can communicate the concerns of inappropriate behavior or actions and ask for a change in conduct. If this is not successful in resolving issues it may be necessary to pass a motion to recommend to the SSPI that an AIEOC member needs to be removed from the AIEOC. In such instances a two-thirds vote of AIEOC members, not including the member being considered for removal, is required to forward a recommendation of removal to the SSPI. The AIEOC shall recommend an AIEOC member for removal, from office by the SSPI for good cause such as, but not limited to:

• Ethics violations
• Conflicts of interest violations
• Attendance violations
• Bagley-Keene Open Meeting Act violations

Due process for recommendation of removal shall include written notice to the AIEOC member who will be allowed a public hearing to discuss specific violations causing removal recommendation. The member in question in writing can expressly waive such notice or hearings.

Article VI: Meetings

Section 1. Regular Meetings

Regular meetings of the AIEOC shall be held on a quarterly basis. Other regularly noticed meetings may be called by the chairperson for any stated purpose as necessary. All meetings will be held with the Bagley-Keene Act.

Section 2. Voting

Actions of the AIEOC shall be decided by a majority vote of those voting members present at the meeting. The AIEOC Chair shall be a voting member of the AIEOC but cannot initiate a motion.

Section 3. Quorum

A quorum shall consist of 51 percent of the AIEOC.

Article VII: Special Sub-Committees

As needed, the formation of a temporary Sub-Committee of the AIEOC may be required to work on specific tasks of short duration. Such Sub-Committees will be authorized by a vote of the AIEOC and appointed by the AIEOC Chair. There shall be no standing Sub-Committees of the AIEOC. All such meetings will be held in compliance with the Bagley-Keene Open Meeting Act.

Article VIII: Public Hearings

The AIEOC may hold a public hearing to accept public input on American Indian education issues. All such hearings will be held in compliance with the Bagley-Keene Open Meeting Act.

Article IX: Parliamentary Authority

Roberts Rules of Order Newly Revised (current edition) shall govern all proceedings of the AIEOC and all Sub-Committees to the extent not otherwise provided for in these By-Laws and so long as they are not inconsistent with the By-Laws or any standing or special rules of order the AIEOC may adopt.

Article X: Amendment to the By-Laws

These By-Laws may be amended, when necessary, by a two-thirds majority vote of the AIEOC. Proposed amendments must be submitted to the Chair to be sent out with regular AIEOC announcements and must be read at two consecutive meetings. Votes to amend By-Laws will occur at the second meeting after the proposal to amend has been received, reviewed, and discussed.

Article XI: Reports

The AIEOC shall produce an annual report to be submitted to the SSPI, Governor and State Legislature. This report will have specific details on all business conducted by the Committee and all pertinent findings and proposals. A draft report with input from all AIEOC members shall be submitted to the Chair to be voted on and approved. Special reports, as necessary, may be created by a vote of the AIEOC.

Article XII: Standing Rules

Standing Rules, as approved by the AIEOC, shall be considered a part of the By-Laws.

• Draft minutes of all AIEOC meetings shall be sent to all members and made available to the public once approved
• AIEOC members will adhere to the Bagley-Keene Open Meeting Act of 2004
• Where these By-Laws are silent, Roberts’ Rules of Order, Newly Revised shall apply
• New, non-critical or non-timely issues shall not sidetrack the immediate work of the AIEOC, but those items will be agendized for future meetings, as appropriate, by the Chair

Article XIII: Ethical Conduct

Opposing viewpoints and productive discussion, including disputes of opinion, are often essential parts of successful committees and encourage genuine debate if such activities are conducted in a professional, appropriate, businesslike manner. As unethical behavior by an individual AIEOC member reflects on the AIEOC therefore these standards are hereby established for personal behavior including but not limited to:

• Dealing with the public, CDE staff, and AIEOC peers in a principled, fair, and straight forward manner
• Refraining from attempting to exercise individual authority over AIEOC or the CDE staff by intimidation or inappropriate communications or discussions regarding AIEC business
• Fostering and positive working environments between AIEOC members and CDE staff
• Maintaining confidentiality of AIEOC closed session business
• Seek to reduce the appearance of impropriety in dealings regarding the AIEOC
• Maintain principles detailed in AIEOC Ethics Policy