SUMMARY OF CHANGES - RWPA PLANNING COUNCIL BYLAWS - JUNE 2017.DOCX

Summary of Changes
Bylaws of the Ryan White Part A Planning Council (Proposed to be renamed “Greater Phoenix
Ryan White HIV Services Planning Council”)
In order to ensure compliance with regulations established by the Ryan White Part A Funding agency,
the Health Services Resources and Administration (HRSA), a comprehensive review and revision of the
RWPA Planning Council Bylaws began in December, 2015 and was completed in May, 2016. The
Planning Council Rules Committee was responsible for this review and revisions.
The requirements for the Bylaws, as outlined by HRSA, include:
PLANNING COUNCIL DUTIES
Planning councils must have procedures to guide their activities. They are usually outlined in their
bylaws. Each planning council must have written rules, called bylaws, which explain how the planning
council operates. Bylaws must be clear and exact. They should include at least the following:
§ Mission of the planning council
§ Member terms and how members are selected (open nominations process).
§ Duties of members
§ Officers and their duties
§ How meetings are announced and run, including how decisions are made
§ What committees the planning council has and how they operate
§ Policies and procedures for handling conflicts of interest
§ Grievance procedures
§ Code of Conduct for members
§ How the bylaws can be amended
DUTIES OF THE CHIEF ELECTED OFFICIAL (CEO) RELATED TO THE PLANNING COUNCIL
The Chairman of the Maricopa County Board of Supervisors is the CEO of the Ryan White Part A Program
for the Phoenix Eligible Metropolitan Area (EMA).
Review and Approve Bylaws and Other Processes: The CEO establishes the planning council and thus
has the authority to review and approve planning council bylaws and other policies. Often, the planning
council is considered an official board or commission of the city or county. Its bylaws and procedures
must fit the policies established for these boards and commissions as well as meeting Ryan White
legislative requirements.
The Rules Committee identified four areas that required review and revision in order to comply with the
HRSA requirements:
1. Name Change

2. Terminology
3. Document Structure: both Components and order of Components
4. Actual content changes
The Rules Committee met 8 times from 12/15-3/17 and recommended changes to the Bylaws that were
reviewed and approved by the Maricopa County Attorney and the Director of Employee Benefits and
Health. The RWPA Administrative Agent (the RWPA Program Manager) provided administrative support
and programmatic review throughout the process to ensure compliance with HRSA regulations. The
Council reviewed final recommendations and voted on May 11, 2017 to submit the changes to the
Bylaws to the Board of Supervisors.
Changes reflected throughout the Bylaws
1. Name Change: Change from “Ryan White Part A Planning Council to “Greater Phoenix Ryan
White HIV Services Planning Council” to be referred throughout the document as “The Council”
Changed to reflect the HRSA designated geographical location of the funded program.
2. Terminology changed to reflect HRSA requirements
 “Grantee” changed to “Recipient”
 “BOS” and “BOS Designee” changed to “Board” and “Board Designee”
 “Planning Council” changed to “ Council”
 “Federal” capitalized throughout document
Changes to Specific Sections
Table of Contents:
 Changed to reflect any sectional changes
Glossary of Terms:
 Moved to front of document to improve user reference
 Addition of Our Mission and Our Vision
 Nondiscrimination Clause moved from back of document
I. Authority
 Terminology Changes
II. Membership
 Section 1 Size and Composition: Terminology Changes
 Section 2 Consumer Mandates: Terminology Changes and removal of maximum number of
Planning Council members
 Section 3: Nomination Process: Terminology changes and clarifying language related to
nominations being made in accordance with Open Meeting Laws. (Note: No actual change
in nominations process-these nominations have always been made in compliance with Open
Meeting Law)

 Section 4 Change in Affiliation: removed
 Section 4 Confidentiality: Clarifying confidentiality language
 Section 5 Alternates: Removed requirement for Alternates to attend a minimum quarterly
meeting
 Section 6: Terms Terminology Changes
 Section 7 Attendance: Clarifying attendance requirements. Removed language related to
resignation by absence and added exception to allow the Council Chair to approve a leave of
absence for illness.
 Section 8 Conduct: Removed
 Section 9 Resignation by Absence: Removed
 New Section 8 Resignation: Clarifying language related to resignation
 New Section 9 Removal: New language clarifying Removal process to ensure compliance
with Open Meeting Law. Terminology changes.
 Section 10 Public Information : Terminology changes and clarification of simple majority
vote and Open Meeting Law
III. Meetings
 Section 1 Open Meeting Law and Meeting Notices: Clarification of statutory citation
 Section 3 Council Meetings: Terminology changes and clarification of statutory citation
 Section 4 Voting: Clarifying language re: simple majority of members in attendance vote in
open meeting.
 Section 6: Agenda Requests: Clarifying language related to process for requesting agenda
items to be added to Council meetings and voting by simple majority vote of members in
attendance at open meeting.
 Section 7 Public Participation: Clarifying language related to simple majority vote of Council
members in attendance in open meeting.
IV. Executive Committee
 Section 1 Composition: Terminology changes
 Section 2 Meetings: Terminology changes
 Section 3 Resignation by Absence: Removed, addressed in II Section 7
V. Officers-Duties and Responsibilities
 Section 2 Vacancies: Terminology changes
 Section 3 Council Chair: Change in term from 2 to 3 years. Terminology changes. Removed
limitation of Council Chair to vote only in the case of tie.
 Section 4 Council Vice Chair: Change in term from 2 to 3 years. Terminology changes
 Section 5 Positive Community Representatives: Change term from 2 to 3 year term.
Terminology changes
 Section 6 Community Representatives: Change term from 2 to 3 years. Clarifying language
re: communities of color and terminology changes.
 Section 7 Removal from Office Clarifying language related to need for two-thirds majority of
members present in open meeting and language added that a written complaint is a public
record.
VI. Responsibilities of the Board Designee

 Section 1 Appointment: Terminology changes
 Section 2 Duties and Responsibilities: Terminology changes
VII. Responsibilities of Planning Council Support
 Section 1 Personnel: Terminology Changes
 Section 2 Staff Expertise: Terminology changes
 Section 3 Duties and Responsibilities: Terminology changes and clarification of
duties.
VIII. Committees
 Section 1 Membership: Removal of requirement that Council members must be a
member of at least 1 sub-committee.
 Section 2 Absences: Removed, addressed in II Section 7
 New Section 2 Committee Meetings: Clarifying language re: Sub-committees are
subject to Open Meeting Law.
 Section 3 Committee Chair: Clarifying language re: duties of committee chair
 Section 5 Vice Chair: Removed
 New Section 4 Chair Eligibility: Clarifying language re: criteria for Chair eligibility
 New section 5 Chair Removal: Clarifying language re: Chair and voting approval of
two thirds majority of members in attendance in open meeting.
 New Section 6 Voting: Clarifying language re: voting privileges
 New Section 7 Council Authority: Clarifying language re: voting by simple majority of
the members in attendance in open meeting.
 New Section 8: Removal of specific committees; Council will establish ad hoc
committees as needed.
 New Section 9 Quorum: Clarifying language establishing criteria for quorum
 Section 12 Work Groups: Removed
 Section 13 Policies and Procedures: Removed
IX. Compensation
 Section 1 Reimbursement: Removal of dependent care expenses as reimbursable.
 Section 2 Reimbursement Process: Removed
 New Section 2 Reimbursement Process Terminology changes
X. Contracts : Clarifying Language
XI. Grievances
 Section 1 Grievances: Terminology changes
 Section 2 Who May Grieve Council Decisions: Terminology changes
 Section 6 Who Shall Resolve Disputes: Clarifying that Council Chair makes final
decision for mediator/arbitrator rather than Rules Committee.
 Section 7 Non-Binding Mediation Processes: Terminology changes and clarification
that denial of a grievance request will be referred to an appropriate committee for
review. If the grievance is denied, the Executive Committee may revise the denial
by a simple majority vote of members in attendance in open meeting. Language
removed allowing the identity of the grieving party to be inaccessible to the public.
 Section 8 Binding Arbitration: Terminology Changes
XII. Conflict of Interest

 Section 1 Definitions: Terminology changes
 Section 2 Grant Administration: Terminology changes
 Section 4: Directive: Terminology changes
 Section 4 Directives: Terminology changes
 Section 5 Planning Council Support: Terminology changes
 Section 6 Consumers: Terminology changes
 Section 7 Part A Service Provider Affiliation: Terminology changes
 Section 13 Federally Mandated Representation: Removed, addressed in
Membership section.
XIII. Effective Date : Terminology changes
XIV. Amendments
 Section 1 Authority: Terminology Changes
 Section 2 Amendment Process: Terminology changes and clarifying language re:
voting on amendments to Bylaws will be voted on by two-thirds majority vote of
members in attendance in open meeting.
 Section 3 Availability: Terminology changes and clarifying language that copies of
the Bylaws are available to the public upon request
XV. Governance: Removed—Addressed in I Authority and Purpose
XVI. Nondiscrimination Clause: Removed—Addressed in I Authority and Purpose
Glossary of Terms: Moved to front of document to improve user reference.