TRACK CHANGES - REVISED RWPA PLANNING COUNCIL BYLAWS - CORRECTED JUNE 2017.PDF

Planning Council Bylaws
Approve by Rules Committee 03.14.17
Approved 01-08-14by Maricopa County Attorney 03.27.17
Approved by Planning Council 5.11.17
TABLE OF CONTENTS
GLOSSARY OF TERMS .........................................................................................................................2
I. AUTHORITY AND PURPOSE .......................................................................................................9
II. MEMBERSHIP ........................................................................................................................ 10
III. MEETINGS ............................................................................................................................ 15
IV. EXECUTIVE COMMITTEE ........................................................................................................ 16
V. OFFICERS - DUTIES AND RESPONSIBILITIES ............................................................................ 17
VI. RESPONSIBILITIES OF THE BOARD DESIGNEE .......................................................................... 20
VII. RESPONSIBILITIES OF PLANNING COUNCIL SUPPORT .............................................................. 21
VIII. COMMITTEES ........................................................................................................................ 22
IX. COMPENSATION ................................................................................................................... 25
X. CONTRACTS .......................................................................................................................... 25
XI. GRIEVANCES ......................................................................................................................... 26
XII. CONFLICT OF INTEREST ......................................................................................................... 29
XIII. EFFECTIVE DATE .................................................................................................................... 31
XIV. AMENDMENTS ...................................................................................................................... 31
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Approve by Rules Committee 03.14.17
Approved by Maricopa County Attorney 03.27.17
Approved by Planning Council 5.11.17

GLOSSARY OF TERMS
Acquired Immune Deficiency Syndrome (AIDS)
A disease of the immune system caused by infection with HIV.
Administrative Agent/Administrative Agency (AA)
The entity that functions to assist the Recipient, consortium, or other planning body to carry out
administrative activities (e.g., disbursing program funds, developing reimbursement and accounting
systems, developing Requests For Proposal (RFPs), and monitoring contracts).
Administrative Mechanism
The process used by the Administrative Agent through which service providers are selected, paid, and
monitored. The administrative mechanism also includes a process for the timely obligation of funds
after receipt of the Notice of Grant Award.
Agenda
A written list of matters needing attention, discussion and/or action at a meeting. Matters not
appearing on the agenda may not be discussed; nor may any action be taken concerning matters not
appearing of the agenda.
AIDS Drug Assistance Program (ADAP)
Provides FDA-approved medications to low income people living with HIV/AIDS who have limited or no
coverage from private insurance, AHCCCS, or Medicare. This program is authorized under Part B of the
Ryan White legislation and, in Arizona, is administered by the Arizona Department of Health Services.
AIDS Education and Training Center (AETC)
Regional centers providing education and training for primary care professionals and other AIDS-related
personnel. The main AETC in Arizona is at the University of Arizona in Tucson.
Alternate
An individual chosen by a Council member, and approved by the Board of Supervisors, who may attend
a limited number of Council meetings and vote on the member’s behalf.
Arizona Department of Health Services (ADHS)
The programmatic unit of the Arizona State government charged with the administration of public
health services. Within ADHS, the Office of HIV Services administers the Ryan White Part B program and
state AIDS Drug Assistance Program (ADAP).
Arizona Health Care Cost Containment System (AHCCCS)
A Medicaid waiver program funded by the United States government and the state of Arizona,
administered by the Arizona Department of Economic Security, that pays the medical expenses of
people with limited income or resources.
Bylaws
The written rules and regulations that govern the internal affairs of the Council. The Bylaws are drafted
by the Rules Committee and must be approved by the full Council and the Maricopa County Board of
Supervisors.
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Centers for Disease Control and Prevention (CDC)
A Federal agency that administers disease prevention programs including HIV/AIDS prevention.
Chief Elected Officer (CEO)
The official Recipient of Legislation funds. The Chief Elected Officer for the Phoenix Eligible Metropolitan
Area (EMA) is the Chair of the Maricopa County Board of Supervisors. The CEO is ultimately responsible
for administering all aspects of their Legislation funding and ensuring that all legal requirements are
met.
Community-Based Organization (CBO)
An organization that provides services to locally defined populations, which may or may not include
populations infected with or affected by HIV.
Comprehensive Plan
A document developed by the Council every three years that defines the goals of the Council related to
improving service delivery and reducing gaps in care and/or barriers in accessing care.
Conflict of Interest
Council members and Alternates will be considered to have a conflict of interest if they themselves,
their relative, spouse, or domestic partner have an interest in issues to be discussed that might affect:
 A profit or non-profit organization in which he/she has a financial interest in or is serving as
an officer, director, trustee, partner, paid employee, or consultant;
 A public agency in which he/she is serving as an paid employee or consultant;
 Any person or organization with whom he/she is negotiating or has an existing arrangement
concerning prospective employment.
Consumer
PLWH who receive services funded by Ryan White Part A. While this term is most often used to describe
Part A clients, it is occasionally used to describe any person living with HIV that is receiving HIV-related
care.
Care Continuum
A full range of emergency and long-term service resources to address the various needs of people living
with HIV.
Board Designee
An individual designated by the Chair of the Maricopa County Board of Supervisors (Board) to serve as a
liaison to the Council. The Board Designee serves a one-year term and can be reappointed for an
unlimited number of terms.
Division of Metropolitan HIV/AIDS Programs
The division within HRSA’s HIV/AIDS Bureau that administers the Ryan White Part A legislation.
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Approve by Rules Committee 03.14.17
Approved by Maricopa County Attorney 03.27.17
Approved by Planning Council 5.11.17]

Eligible Metropolitan Area (EMA)/Transitional Grant Area (TGA)
These terms describe geographic areas highly impacted by HIV/AIDS that are eligible to receive funds
under Part A of the Ryan White legislation. EMAs typically have large, established HIV epidemics. TGAs
are areas that are experiencing increased infection rates (transitioning to an EMA), or for a variety of
reasons, have decreasing HIV populations (transitioning toward losing their eligibility to apply for
Legislation funding).
Epidemiological Data
Information and statistics from the branch of medical science that studies the incidence, distribution,
and control of diseases in a population.
Grantor
The agency of the Federal government that makes annual Legislation grant awards. The Legislation
grantor is the Health Resources Services Administration (HRSA).
Health Resources Services Administration (HRSA)
A United States Health and Human Services agency that administers various primary care programs for
the medically underserved, including the Legislation.
Housing Opportunities for People with AIDS (HOPWA)
A program administered by the United States Department of Housing and Urban Development that
provides funding to support housing for PLWH and their families.
Human Immunodeficiency Virus (HIV)
A retrovirus that destroys the immune system’s CD4 helper cells, the loss of which causes AIDS.
Maricopa County Board of Supervisors (Board)
The Board of Supervisors is the elected governing body for Maricopa County. The Board has a designee
from among its members who acts as the Designee for the Council. The Board appoints all Council
members and their alternates.
Medicaid
Medicaid is a governmental health care program for eligible individuals and families with low incomes
and resources. It is funded through Federal and state resources.
Medicare
Medicare is a governmental health care program for eligible individuals who are retired and/or disabled.
Minority AIDS Initiative (MAI)
The Federal Minority AIDS Initiative provides additional financial resources to Ryan White Recipients so
they may address the disproportionate impact of HIV/AIDS in communities of color. Goals of the
initiative include reducing the spread of HIV/AIDS and improving health outcomes for people of color
living with HIV.
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Needs Assessment
A process of collecting information about the health care and supportive service needs of local people
living with HIV.
Notice of Award (NOA)
The legal document issued to notify the Recipient that an award has been made and that funds may be
requested from the HHS payment system.
Open Meeting Law
A state law (Arizona Revised Statutes, Section 38-431 et seq.) which governs how all meetings of any
public body shall be conducted.
Person Living with HIV (PLWH)
Any Individual diagnosed as HIV positive or as having AIDS.
Planning Council
A community group, appointed by the Maricopa County Board of Supervisors, to plan the organization
and delivery of HIV health care and social services funded by the Legislation.
Planning Council Support
Planning Council Support staff serve as experts on the Legislation and Council Bylaws and policies
Planning Process
Activities taken to assess a local HIV service needs, establish priorities for the allocation of Legislation
funds, and develop a comprehensive plan for the organization and delivery of local HIV services.
Priority Setting and Resource Allocation (PSRA)
The process used to 1) establish priorities among service categories to best meet locally identified
needs, and 2) determine the amount of funding that can be used to provide services within those
categories.
Public Notice
Entities whose activities are governed by Arizona Open Meeting Law must post a notice of the intention
to meet at least 24 hours in advance of the meeting. The posting must include the time and location of
the meeting and the items to be discussed. The location of the posting must be accessible to the public
during normal business hours.
Recipient
The entity who is the Recipient of Legislation funds for an EMA/TGA. The Recipient is responsible for
administering the grant award according to HRSA rules and regulations. The Recipient for the Phoenix
EMA is Maricopa County, Arizona.
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Approve by Rules Committee 03.14.17
Approved by Maricopa County Attorney 03.27.17
Approved by Planning Council 5.11.17]

Reflectiveness
The extent to which the demographics of the Council match the demographics of the HIV epidemic in
the EMA.
Request for Proposals (RFP)
An open and competitive process for the procurement of goods and services. An RFP is an appeal for
entities to apply to be Part A contractors. Part A notifies the provider community that funding is
available to provide Ryan White services. Organizations then respond with a proposal that usually
includes a service delivery plan, budget, and other background information. An independent committee
reviews the proposals and determines which organizations to award Ryan White contracts to.
Residency
Living in a place permanently or for an extended period of time.
Ryan White Legislation
Federal legislation that addresses the unmet health needs of people living with HIV by funding primary
medical care and support services.
 Part A: A section of the Ryan White legislation that provides emergency assistance to
geographic areas disproportionately affected by the HIV/AIDS epidemic.
 Part B: A section of the Ryan White legislation that provides funds to States and Territories for
primary health care, including AIDS Drug Assistance Programs (ADAP), and support services that
enhance access to care by people living with HIV and their families.
 Part C: A section of the Ryan White legislation that supports outpatient primary medical care
and Early Intervention Services (EIS) to people living with HIV through grants to public and
private nonprofit organizations. Part C also funds capacity development and planning grants to
prepare EIS programs.
 Part D: A section of the Ryan White legislation that supports coordinated services and access to
research for women, infants, children, and youth with HIV/AIDS and their families.
 Part F: A section of the Ryan White legislation that includes the AIDS Education and Training
Center (AETC) Program, the Special Projects of National Significance (SPNS) Program, and the
HIV/AIDS Dental Reimbursement Program.
Quorum
A numerical majority of voting members that must be present at a meeting in order to take action on
agenda items.
Service Categories
The types of services defined by the Health Resources and Services Administration (HRSA) that
Legislation funds can be used to provide in an EMA/TGA.
Service Gaps
Ideally, all of the service needs of all PLWH in the community should be met. When there are PLWH that
have service needs that aren’t being met, there is a service gap.
Special Projects of National Significance (SPNS)
A health services demonstration, research, and evaluation program funded under Part F of the Ryan
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White legislation to identify innovative models of HIV care.
Statewide Coordinated Statement of Need (SCSN)
A written statement of need for an entire state developed through a process designed to collaboratively
identify significant HIV issues and maximize the Legislation program coordination.
Technical Assistance (TA)
The delivery of practical program and organizational support to Legislation Recipients, planning bodies,
and affected communities. TA is used to assist in the design, implementation, and evaluation of Ryan
White-supported planning and primary care service delivery systems.
United States Department of Health and Human Services (HHS)
A Federal agency responsible for protecting the health of all Americans and providing essential human
services, including administration of the Ryan White legislation.
United States Department of Housing and Urban Development (HUD)
A Federal agency responsible for administering community development, affordable housing, and other
programs including Housing Opportunities for People with AIDS (HOPWA).
Unmet Need
The unmet need for primary health services among individuals who know their HIV status but do not
receive primary health care.
I. NAME .................................................................................................................................................. 2
II. AUTHORITY AND PURPOSE ................................................................................................................ 2
III. MEMBERSHIP ...................................................................................................................................... 3
IV. MEETINGS ........................................................................................................................................... 7
V. EXECUTIVE COMMITTEE ..................................................................................................................... 8
VI. OFFICERS - DUTIES AND RESPONSIBILITIES ....................................................................................... 9
VII. RESPONSIBILITIES OF THE BOS DESIGNEE ....................................................................................... 12
VIII. RESPONSIBILITIES OF PLANNING COUNCIL SUPPORT ..................................................................... 12
IX. COMMITTEES .................................................................................................................................... 13
X. COMPENSATION ............................................................................................................................... 17
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Approved by Maricopa County Attorney 03.27.17
Approved by Planning Council 5.11.17]

XI. CONTRACTS ....................................................................................................................................... 17
XII. GRIEVANCES...................................................................................................................................... 17
XIII. CONFLICT OF INTEREST ..................................................................................................................... 21
XIV. EFFECTIVE DATE ................................................................................................................................ 23
XV. AMENDMENTS .................................................................................................................................. 23
XVI. GOVERNANCE ................................................................................................................................... 23
XVII. NONDISCRIMINATION CLAUSE ........................................................................................................ 23
GLOSSARY OF TERMS ................................................................................................................................. 25
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NAME
The name of this planning body shall be the Greater Phoenix Eligible Metropolitan Area (EMA) Ryan
White Part AHIV Services Planning Council, representing Maricopa and Pinal Counties, hereafter referred
to as the “Council.”
OUR MISSION
The mission of the Greater Phoenix Ryan White HIV Services Planning Council is to ensure an
integrated, holistic, and comprehensive system of health care for people living with HIV that is
culturally appropriate, multilingual, full-service, family-friendly and accessible to the entire
community.
OUR VISION
All people living with HIV/AIDS in Maricopa and Pinal Counties will have unfettered access to high
quality health care and social services.
No discrimination shall be exercised by the Council or by any person subject to its direction against any
person because of race, gender, religious belief, color, national origin, ancestry, age, physical or mental
disability status, sexual orientation and gender identity. Special consideration shall be given to ensure
the diversity of the Council as outlined in Article III of these Bylaws.
I. AUTHORITY AND PURPOSE
Section 1: Authority.
Under Part A of the Ryan White HIV/AIDS Treatment Modernization Act of 2006 (the ActLegislation), a
local area HIV health services planning councilCouncil is to be established by the Chief Elected Official
(CEO) of the political entity administering the public health agency that provides outpatient and
ambulatory services to the greatest number of HIV-positive persons in the Eligible Metropolitan Area
(EMA).
As legislated, the Council will work in cooperation with Maricopa County Workforce Management and
DevelopmentPart A Recipient, the local administrative agency designated by the Maricopa County Board
of Supervisors (BOS), the Part A grantee.Board). The Council and Part A granteeRecipient seek to ensure
access of HIV-positive persons to quality service delivery by a comprehensive network of care providers.
Section 2: Purpose.
In order to improve the lives of people affected by HIV throughout both urban and rural areas of the
EMA and, as mandated under Part A of the Ryan White HIV/AIDS Treatment Modernization Actthe
Legislation, the Council’s responsibilities shall be to:
 Determine the size and demographics of the population of individuals with HIV-disease;
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 Determine the needs of such population;
 Establish priorities for the allocation of funds within the eligible area, including how best to
meet each such priority and additional factors that a granteeRecipient should consider in
allocating funds under a grant;
 Develop a comprehensive plan for the organization and delivery of health and support services
described in section 2604;
 Assess the efficiency of the administrative mechanism in rapidly allocating funds to the area of
greatest need within the eligible area, and at the discretion of the planning councilCouncil,
assess the effectiveness, either directly or through contractual arrangements, of the services
offered in meeting the identified need;
 Participate in the development of the statewide coordinated statement of needStatewide
Coordinated Statement of Need initiated by the State public health agency responsible for
administering grants under Part B;
 Establish methods for obtaining input on community needs and priorities which may include
public meetings, conducting focus groups, and convening ad-hoc panels; and
 Coordinate with Federal granteesRecipients that provide HIV-related services within the eligible
area.
II. MEMBERSHIP
Section 1: Size and Composition.
Council membership shall include representation as mandated by the Ryan White HIV/AIDS Treatment
Modernization Act,Legislation. Council members will be appointed by the BOSBoard, which receives and
considers recommendations made by the Membership Committee and endorsed by the Council to
identify suitable candidates for Council membership. The Planning Council shall consist of a maximum of
forty-five (45) persons residing throughout the EMA. The Council should make every reasonable effort to
maintain a minimum of twenty-five (25) members. residing throughout the EMA. The Membership
Committee of the Council shall identify representatives from the each of the following mandated
representation categories as candidates for Council membership:
Federal Mandates
TheIn accordance with the Ryan White legislation the Council must fill each of the following
representation categories by a person residing within the EMA:
 Health care providers, including federallyFederally qualified health centers;
 Community-based organizations serving affected populations and AIDS service organizations;
 Social service providers, including providers of housing and homeless services;
 Mental health and substance abuse providers;
 Local public health agencies;
 Hospital planning agencies or health care planning agencies;
 Affected communities, including people with HIV/AIDS, members of a Federally recognized
Indian tribe as represented in the population, individuals co-infected with hepatitis B or C and
historically underserved groups and subpopulations;
 Non-elected community leaders;
 State government (including the State Medicaid agency and the agency administering the
program under Part B);
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 GranteesRecipients under subpart II of Part C;
 GranteesRecipients under section 2671300ff-71, or, if none are operating in the area,
representatives of organizations with a history of serving children, youth, women, and families
living with HIV and operating in the area;
 GranteesRecipients under other Federal HIV programs, including but not limited to providers of
HIV prevention services; and
 Representatives of individuals who formerly were Federal, State, or local prisoners, were
released from the custody of the penal system during the preceding 3 years, and had HIV/AIDS
as of the date on which the individuals were so released.
Other Mandates
Community Representation Council members representing the general public shall strive to include
representatives of the following groups as necessary to create a membership reflective of the epidemic
in the EMA:
 African-Americans
 Asian/Pacific Islanders
 Hispanic-Americans, Latinos and Latinas
 Women
 Gay/Bisexual/ and other Men who have Sex with Men (MSM)Transgender communities
 Transgender communities
 Persons with hemophilia
 Residents of rural communities
 Representative of the IDU community
 People who Inject Drugs
 Parents/Guardians of HIV-infected children living with HIV/AIDS
Council membership shall include, whenever feasible, representatives of the following categories:
 One (1) member representing the Prevention Planning Group of Arizona
 One (1) member representing the Pinal County Health Department
Section 2: Consumer Mandates.
Per mandates of the ActLegislation, individuals having HIV disease who also access Part A-funded
services, but are not board members or paid employees of or have a financial interest in an entity
providing Part A-funded services, shall constitute no less than thirty-three percent (33%) of all Council
members. The Council should make every reasonable effort to increase that percentage to forty-five
(45%). Consumers shall reflect the demographics of the population of individuals living with HIV disease
in the EMA.
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Section 3: Nomination Process.
The Membership Committee shall identify nominees through an open nominations process throughout
the EMA. Candidates shall be selected based upon locally delineated criteria, to include, but not be
limited to, a conflict-of-interest standard for each nominee, Health Resources and Services
Administration (HRSA) mandated categories and the HRSA matrix guidelines. The Membership
CommitteeThe Council shall recommend a slate of nominees, consistent with the criteria set out in
Sections 1 and 2 of this Article, to the BOSBoard. The BOSBoard shall have final appointing authority,
and may conduct additional screening or interviews prior to a final decision.
All members of the public residing in either Maricopa or Pinal County shall be eligible for membership
consideration.
Nominations shall be made in accordance with the open process defined in these Bylaws and detailed in
the Policies and Procedures of the Membership Committee.
The Council shall contact organizations and community members within the EMA who may have an
interest in submitting nominations.
General Public Member: A Council member who is neither a Service Provider nor an
Institutional Member. Individuals who are a board member, paid employee of, or have a
financial interest in an entity which receives Ryan White Part A funding shall be ineligible to be
general public members. This category includes both consumers and interested members of the
public.
Service Providers: An employee, representative or alternate of a Community Based Organization
serving affected populations or AIDS service organization that at time of appointment receives
Ryan White Part A funding. Only one boardBoard member, paid employee of, or an individual
who has a financial interest in a particular service providerRyan White Part A Sub-Recipient may
serve on the Council as a voting member.
Institutional Member: An employee, representative of any Community Based Organization or
municipality which does not receive Ryan White Part A funding, but works within the community at
large. Only one board member, paid employee of, or an individual who has a financial interest in a
particular organization or municipality may serve on the Council Exceptions are made to ensure
mandated representation as a voting member.outlined in Section 1 of this Article.
Section 4: Change in Affiliation.
In the event of a category change in a Council member’s affiliation or membership, the Membership
Committee shall notify the BOS or its designee of the change as soon as possible after the change is
reported or discovered. The BOS or its designee, at its option, may require the member whose
membership category has changed to re-apply to the Council for membership.
Section 5: Confidentiality.
While individual Council members may opt to disclose publicly that they have been diagnosed as HIV-
positive, the Council as an entity, shall not release any information relating to any member’s HIV status
or any other medical condition.
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Recognizing that within the confines of the Arizona Open Meeting Statute, allAll information presented
at a Council or Committee meeting is part of the public record. Council members are encouraged to
exercise discretion when discussing confidential or sensitive information, most notably an individual’s
HIV-status.
Section 65: Alternates.
A Council member may nominate an alternate to be designated to attend Council meetings and
participate in all Council activities in the event of the member’s absence. An alternate may not attend
more than three (3) consecutive meetings in place of the Planning Council member. The fourth (4)
consecutive meeting attended by the alternate shall be considered an unexcused member absence.
Nomination of an alternate shall be made by the Planning Council member for whom the alternate is
being selected; the alternate may not be an existing Council member and the alternate must be
representative of the same membership category. The names of all alternates must also be submitted to
the BOSBoard or its designee for prior approval.
Alternates shall attend at least one Council meeting every quarter in order to maintain their alternate
status.
Section 76: Terms.
Members shall be appointed for three (3) year terms, effective withon approval by the BOS.Board.
Members may be reappointed for additional terms upon the recommendation of the Membership
Committee, endorsement by the Council, and theon approval of the BOS. It is the goal of the Planning
Council to recruit new members to enhance the Council, but existingBoard.
Section 7: Attendance.
Council members are not required to leave if they choose not to, if no new members are found. This
policy becomes effective upon adoption of these Bylaws by the BOS.
expected to attend regular council meetings, if a Council member is unable to attend a meeting, they
should notify the Council chair. If a member misses 3 consecutive Council meetings without notifying
Council support, the Council Chair will contact the member in writing to confirm their ability to attend
future meetings.
Section 8: Conduct.
Members of the Council are expected to conduct themselves in a manner that is courteous and
respectful to other Council members and the community at large.
Section 9: Resignation by Absence.
Unexcused absences from a total of three (3) Council meetings within any rolling twelve- (12) month
period will be deemed to be a voluntary resignation of Council membership. Attendance by an alternate
will be deemed to satisfy a member’s attendance requirement except as provided in Section 6 of this
Article.
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An absence resulting from an emergency occurring prior to a scheduled Council meeting will be
considered an excused absence upon communication to the Planning Council Chair or Planning Council
Support staff. “Emergencies” include sickness,
or related personal matters, unscheduled travel interruptions or other reasonable circumstances. A
total of any combination of five (5) excused and unexcused absences within any rolling twelve- (12)
month period will be deemed to be a voluntary resignation from the Council.
Exceptions. If a Council member is facing resignation by absenceabsent due to illness or other mitigating
circumstances, the member may request that the Council Chair waive this provisionapprove a leave of
absence. If the Council Chair declines the request, the member may appeal the decision to the Executive
Committee. The BOSBoard Designee or the Designee’s alternate are exempted from attendance
requirements under this Section.
Section 108: Resignation.
A Council member shall serve his/her designated term unless he/she shall resign, or shall be removed, or
otherwise be disqualified to serve. Any Council member may resign through absence in accordance with
Section 9 of this Article, or by giving written notice to the Council Chair.
Section 11Council members may resign at any time during their term. Resignation is immediate upon
written or verbal confirmation by the Council chair.
Section 9: Removal.
Members of the Council may be removed by the BOSBoard, or its designee, for any of the following
reasons:
 LossChange of affiliation that qualified the member for appointment to the Council;
 Residency outside the geographical boundaries of the EMA;
 Failure to maintain membership on at least one Committee;
 Conduct or behavior which habitually disrupts the Council and interferes with the business of
the Council; and/or
 Conduct or behavior in office which would have a negative impact on the integrity of and/or the
community’s confidence in the Council including, but not limited to, conflict-of-interest
violations, conviction of a felony offense and/or any instance of illegal behavior, malfeasance or
conduct which violates these Bylaws.
Upon recommendation of the Executive Committee, the Council may move to recommend to the
BOSBoard a member’s removal. In such instances, the following procedure shall be followed:
1) A written complaint shall be submitted by anyone to the Executive Committee through Planning
Council Support outlining the rationale for the removal.
The Executive committee shall provide at least a twenty-four (24) hour notice to the member
who is the subject of the complaint to permit the member to determine whether s/he would
prefer that the meeting occur in an open meeting.
2) The Executive Committee shall meet to discuss the written complaint. in Executive Session in
accordance with the Arizona Open Meeting Law, Arizona Revised Statute §38-431, et seq. After
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the Executive Committee has deliberated, upon a two thirds majority vote of members in
attendance in open meeting, a recommendation for removal may be made to the full Council.
3) If the Executive Committee recommends removal, the Council shall meet and discuss the
written complaint. in Executive Session in accordance with the Arizona Open Meeting Law,
Arizona Revised Statute §38-431, et seq. After the Council has deliberated, upon atwo thirds
majority vote of members in attendance in open meeting, for removal, the Council shall issue to
the member a written notice of its intent and the reasons for the recommendation.
4) The member shall have 15 calendar10 business days to respond in writing.
5) Upon receipt of the response or after 15 calendar10 business days from the date of the notice,
the Council shall vote on the matter at the next full Council meeting.
6) Upon a two thirds majority vote of members in attendance in open meeting, for removal,
written notification of said action shall be forwarded to the BOSBoard or its designee.
7) The effective date of removal shall be that date of acceptance of the recommendation by the
BOSBoard or its designee. If the BOSBoard or its designee declines to accept the
recommendation of the Council, the individual shall remain a full Council member, with all the
rights and responsibilities theretothereunto pertaining.
Section 1210: Public Information.
The Council Chair is the sole official spokesperson of the Council. Whenever Council members speak to
the media and/or in public on matters relating to Part A related business, they shall clearly articulate
that they are speaking strictly on behalf of themselves, and that their opinions are not necessarily
shared by the Council or the BOSBoard. Should the Council Chair fail to speak on behalf of the Council on
a critical issue, the Executive Committee may, by simple majority vote of members in attendance in
open meeting, issue a written statement.
III. MEETINGS
Section 1: Open Meeting Law and Meeting Notices.
All meetings shall be conducted in accordance with the Arizona Open Meeting Law, Arizona Revised
Statute §38-431, et seq. and 42 USCA § 300ff-12(b)(7). Public notices shall be posted as required by the
Clerk of the BOS..
Section 2: Meeting Agendas.
All meetings shall be conducted following a published agenda. While Council meetings are in session,
the Council is precluded by law from commenting, deliberating or acting on any matter not appearing on
the meeting agenda. Meeting agendas may provide for public comment.
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Section 3: Council Meetings.
The Council shall meet at least once each calendar quarter. Subject to the open meeting law, special
meetings may be called by the Chair, Executive Committee and/or the BOSBoard or its designee and
shall be held upon no less than 48 hours advance notice of any special meetings to be conducted. The
absence of the Council Chair from any meeting shall not be sole grounds for the cancellation of that
meeting.
Section 4: Voting.
While the Council will strive for consensus, official actions of the Council and all committees, except as
noted elsewhere in Article XV, Section 2the Bylaws, shall be determined by a simple majority vote of the
quorummembers in attendance in open meeting. A roll call vote shall be taken when requested by any
member in attendance. Alternates may vote on behalf of the member for whom s/he is the designated
alternate at all meetings of the Council and its committees.
Section 5: Quorum.
A quorum for the transaction of business at any meeting of the Council and Committees will consist of a
numerical majority of voting members. The presence of an alternate shall be considered as constituting
a presence for purposes of establishing a quorum.
Section 6: Agenda Requests.
Members of the Council or the public may request that items be placed on the agenda by notifying the
Chair, and providing supporting documentation for action items. The Chair may entertain
writtenWritten requests and supporting documentation must be received a minimum of nine (9)
business days before a meeting agenda is published. The Chair may disallow any such request to place
an item on the agenda. The Chair’s disallowance of said request may be appealed to the Executive
Committee, which may reverse the decision upon a simple majority vote of members in attendance in
open meeting.
Section 7: Public Participation.
Public participation in Council and Committee meetings shall be invited and encouraged provided that
participation does not interfere with the conduct of the meeting. The Chair may invite members of the
public attending Council meetings to address the Council pursuant to the inclusion of a call for public
comment on the meeting’s agenda. In such instances, the Chair shall establish a fixed time limit for
public comment unless a simple majority vote of the Council votesmembers in attendance in open
meeting, to extend the time limit.
IV. EXECUTIVE COMMITTEE
Section 1: Composition.
The Executive Committee shall consist of the –
 Council Chair,
 Council Vice Chair, most
 Most recent Past Council Chair who shall be a current Planning Council member, two
 Two (2) individuals that are elected as Positive Community Representatives, all committee
Chairs and the
 Designee of the BOS. Board
[16]

 Additionally, up to two (2) individuals may be elected to serve as Community Representatives.
Section 2: Meetings.
Subject to the Arizona Revised Statute §38-431, et seq.,. and 42 USCA § 300ff-12(b)(7), the Executive
Committee may be convened by either the Council Chair, the Council Vice Chair or, the BOSBoard or its
designee.
A minimum of four voting members of the Executive Committee must be present at any Executive
Committee meeting.
Every effort shall be made to keep the full membership informed of events necessitating Executive
Committee action. If the Executive Committee desires to poll the full membership regarding specific
issues and/or positions, a special meeting of the Council shall be convened in compliance with the open
meeting law.
A Planning Council Officer shall make a full report on all Executive Committee actions at the next
scheduled meeting of the full Council.
Section 3: Resignation by Absence.
If any member of the Executive Committee meets the criteria for resignation by absence from the
Committee as outlined in Article IX, section 2 of these Bylaws, then that member is considered to have
resigned from both the leadership position which entitled the individual to membership on the
Executive Committee and from the Executive Committee itself.
V. OFFICERS - DUTIES AND RESPONSIBILITIES
Section 1: Officers.
A Chair, Vice Chair, two (2) Positive Community Representatives and up to two (2) Community
Representatives shall be elected by the Council membership by a simple majority of voting members
present.
Section 2: Vacancies.
A vacancy in any elected office, other than Planning Council Chair, shall be filled for the unexpired term
by a special election.
Section 3: Planning Council Chair.
The Chair shall serve for a twothree-year term. No Chair shall hold office for more than two (2)
consecutive terms. A vacancy in the office of Chair shall be filled for the unexpired term by automatic
advancement of the Vice Chair.
[
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Approved by Maricopa County Attorney 03.27.17
Approved by Planning Council 5.11.17]

Eligibility. In order to hold the office of Council Chair, an individual, at a minimum, shall have been a
member of the Planning Council for at least one (1) year immediately prior to election.
Duties. The Council Chair’s duties and responsibilities include, but are not limited to:
 Serving as official Council spokesperson, representing the Council to the Part A grantee,
federalRecipient, Federal grantor, media, other interested parties, and the general public;
 Advising the BOSBoard designee of on-going Council activities and actions;
 Directing the Council affairs as its chief administrative officer;
 Presiding over Council meetings;
 Presiding over Executive Committee meetings;
 Attending any or all Council committee meetings;
 Appointing Committee Chairs and Vice Chairs, upon approval of the Executive Committee;
andCouncil.
 Breaking the tie in instances of equal votes of both full Council and Executive Committee
meetings. The Chair shall not cast a vote except in the case of a tie.
Section 4: Planning Council Vice Chair.
The Vice Chair shall serve for a twothree-year term. No Vice Chair shall hold the office for more than
two (2) consecutive terms.
Eligibility. In order to hold the office of Council Vice Chair, an individual, at a minimum, shall have been
a member of the Planning Council for at least one (1) year immediately prior to election.
Duties. The Vice Chair’s duties and responsibilities include, but are not limited to:
 Presiding over any scheduled Council or executive committee meeting and fulfilling the duties of
the Chair in the absence of the Chair;
 Presiding over any Executive Committee meeting and fulfilling the duties of the Chair at any
scheduled meeting in the absence of the Chair;
 Assisting the Chair by assuming such other duties as are assigned by the Executive Committee;
and
 Assuming the position of Council Chair in the event of a mid-term vacancy of the position.
At meetings where both the Chair and Vice Chair are present, the Vice Chair may cast a vote as an
ordinary member of that body.
Section 5: Positive Community Representatives.
Positive Community Representatives are elected from the Council membership and shall serve for a
twothree-year term. No general public members shall hold the office for more than two (2) consecutive
terms. Council members interested in running for this office must nominate themselves during Executive
Committee elections.
Eligibility. In order to hold the office of Positive Community Representative, an individual, at a
minimum, shall:
[18]

 Have been a member of the Planning Council for at least six (6) months immediately prior to
election;
 Publicly identify him/herself as an HIV-positive individual who accesses Part A-funded services;
and
 Not currently be a paid employee or board member of or have a financial interest in an entity
providing Part A-funded services.
Section 6: Community Representatives.
Community Representatives are elected from the Council membership to represent special populations
within the EMA and shall serve for a twothree-year term. No individuals shall hold the office for more
than two (2) consecutive terms. Planning Council members interested in holding this office must
nominate themselves during Executive Committee elections and identify the special population they
represent. Individuals from underrepresented communities of color will beare encouraged to seek this
position.
Eligibility. In order to hold the office of Community Representative, an individual, at a minimum, shall:
 Have been a member of the Planning Council for at least six (6) months immediately prior to
election; and
 Not currently be a paid employee or board member of or have a financial interest in an entity
providing Part A- funded services.
Section 7: Removal from Office.
Council Officers may be removed from office by a two thirds majority vote of the Councilmembers in
attendance in open meeting for any of the following reasons:
 Conduct or behavior which habitually disrupts the Council and interferes with the business of
the Council;
 Conduct or behavior in office which would have a negative impact on the integrity of and/or the
community’s confidence in the Council including, but not limited to, conflict-of-interest
violations, conviction of a felony offense and/or any instance of illegal behavior, malfeasance or
conduct which violates these Bylaws;
 Dereliction of duty or failure to carry out the responsibilities of the elected office; and
 In the case of Positive Community Representatives or Community Representatives, employment
by, election to the Board of Directors of, or obtaining a financial interest in an entity providing
Part A- funded services.
Upon recommendation of the Executive Committee, the Council may, upon a two thirds majority vote of
members present, remove an Officer from office. In such instances, the following procedure shall be
followed:
[
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Approve by Rules Committee 03.14.17
Approved by Maricopa County Attorney 03.27.17
Approved by Planning Council 5.11.17]

1) A written complaint shall be submitted by anyone to the Executive Committee through Planning
Council Support outlining the rationale for removal. A written complaint is a public record.
2) The Executive Committee shall meet to discuss the written complaint. in Executive Session in
accordance with the Arizona Open Meeting Law, Arizona Revised Statute §38-431, et seq. After
the Executive Committee has deliberated, upon a two thirds majority vote of members present
in open meeting, a recommendation for removal may be made to the full Council.
3) If the Executive Committee recommends removal, the Officer who is the subject of the
complaint shall have five (5) calendar days after the Executive Committee vote to respond to the
complaint in writing.
4) Upon receipt of the written response, or after five (5) calendar days have passed, the Council
shall meet in Executive Session in accordance with the Arizona Open Meeting Law, Arizona
Revised Statute §38-431, et seq and discuss the written complaint and the Officer’s written
response, if any. After its deliberations, the Council shall vote on the matter in open session. If
the Officer is removed from office, s/he shall remain a Council member and be entitled to all the
rights and responsibilities of Council membership.
5) Upon removal from office, the vacancy shall be filled in accordance with Section 2 of this Article.
6) In the event the complaint is against the Council Chair, the Council Vice Chair shall preside over
the portions of any meeting at which a complaint of this nature is discussed.
VI. RESPONSIBILITIES OF THE BOSBOARD DESIGNEE
Section 1. Appointment
The BOSBoard may appoint a representative from among their members or from a programmatic unit of
Maricopa County government to serve on its behalf as Designee. Each year in January, the Chairman of
the BOSBoard shall nominate a representative, such nomination subject to the approval of the
BOSBoard. The term of the appointment shall be from the first day of March to the last day of the
following February each year or until his/her successor has been appointed.
Section 2. Duties and Responsibilities
The BOSBoard Designee’s duties and responsibilities in this regard may include, but are not limited to:
 Serving as liaison to the BOSBoard and making routine administrative decisions on its behalf
regarding Council operations. This may include accepting member resignations and approving
member alternates, if the BOSBoard, under a separate and specific resolution, opts to delegate
these functions; and
 Directing that technical assistance be provided to Council members and committees through the
Department of Public Health and/or Maricopa County Workforce Management and
Development regarding federalregarding Federal grants policy and legislative mandates of the
Act.
[20]

VII. RESPONSIBILITIES OF PLANNING COUNCIL SUPPORT
Section 1. Personnel
Subject to Article XI and the availability of funds from Part A of the Ryan White HIV/AIDS Treatment
Modernization Actthe Legislation, the Part A granteeRecipient may provide for the services of
professional and clerical personnel to support the work of the full Council and all its Committees in
meeting their legislatively mandated responsibilities.
Section 2. Staff Expertise
Planning Council Support staff serve as experts on the Ryan White HIV/AIDS Treatment Modernization
Act legislationLegislation and Council Bylaws and policies. This expertise serves to ensure that the
Council understands and follows its policies and meets its legislated responsibilities.
Section 3: Duties and Responsibilities.
Duties and responsibilities of support personnel may include, but are not limited to:
 Assisting with the development of needs assessments and the comprehensive, long-term service
delivery plan; and statewide integrated plan;
 Preparing and submitting all Council reports required by HRSA.
 Negotiating a budget proposal with the Administrative Agency for Council operations and
support, to be presented for approval to the Executive Committee and full Council membership;
 Overseeing the maintenance of an itemized expenditure log detailing all costs incurred;
 Directing the safeguarding of original invoices and receipts for costs incurred;
 Directing the preparation of monthly expenditure reports and forwarding copies of expenditure
logs to the Part A granteeRecipient for reimbursement out of pre-allocated Part ALegislation
funds;
 Reviewing and approving all expenditures and reimbursement requests;
 Ensuring the maintenance of all financial records in a manner that is consistent with Generally
Accepted Accounting Principles and requirements of the BOS;Board
 Posting public notices of all Planning Council meetings pursuant to the open meeting law
(Arizona Revised Statute §38-431, et seq.);
 Recording the minutes of all Council, Executive Committee and committee meetings;
 Distributing copies of all summary minutes to committee members prior to the next regularly
scheduled meeting;
 Notifying all Council members of the date, time, and place of upcoming meetings;
 Maintaining the roll of Council members, their addresses, telephone numbers, and membership
representation categories;
 Maintaining member’s conflict of interest forms;
 Recording attendance at Council and committee meetings;
 Notifying the Council Chair and the Chair of the Membership Committee in the event that a
member misses two consecutive meetings or five meetings in a rolling twelve- (12) month
period;
[
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Approved by Maricopa County Attorney 03.27.17
Approved by Planning Council 5.11.17]

 Generating and distributing all correspondence; and
 Performing other duties as delegated by the Chair or Executive Committee.
Section 4. Council Responsibilities
The development of Council operating policies and procedures for the fulfillment of Council
responsibilities rests with Council members, not the administrative staff.
VIII. COMMITTEES
Section 1: Membership.
All Council members are requiredstrongly encouraged to be voting members of at least one (1) Council
committee in order to retain their Council membership. Membership on the Executive Committee shall
not fulfill this requirement. The Executive Committee, through its Policies and Procedures, shall be
charged with devising and maintaining the size, composition, and membership of each committee.
Committee membership shall be limited to current Council members..
Section 2: Absences.
Unexcused absences from a total of three (3) committee meetings within any rolling twelve- (12) month
period will be deemed to be a voluntary resignation of Committee membership. A total of five (5)
excused and unexcused absences within any rolling twelve- (12) month period will be considered a
voluntary resignation of Committee membership.
Exceptions. If a Council member is facing resignation by absence from a Committee due to illness or
other mitigating circumstances, the member may request that the Committee Chair waive this
provision. If the Committee Chair declines the request, the member may appeal the decision to the full
Committee. The BOS Designee or the Designee’s alternate are exempted from attendance requirements
under this Section.
Section 3: Committee Meetings.
Each Committee shall meet as deemed necessary by the Committee Chair. . Subject to the Open
Meeting Law, special meetings may be called by the Chair or Executive Committee and shall be held
upon no less than 48 hours advance notice of any special meetings to be conducted. The absence of the
Committee Chair from any meeting shall not be sole grounds for the cancellation of that meeting. All
committee and ad hoc committee meetings are open to the public.
Section 4:3: Committee Chair.
The Council Chair shall appoint all Committee Chairs subject to the approval of the Executive
CommitteeCouncil. The Committee Chair’s duties and responsibilities include, but are not limited to:
 Directing the Committee’s affairs as its administrative officer;
 Presiding over Committee meetings;
 Breaking a tie in instances of equal votes at Committee meetings (the Chair shall not cast a vote
except in the case of a tie);
 Setting the agenda for each Committee meeting;
 Ascertaining if a quorum is present for the transaction of business at all Committee meetings;
[22]

 Serving on the Executive Committee; and
 Designating a temporary ad hoc ChairCommittee Member to preside over a Committee meeting
in the absence of both the Chair and the Vicethe Chair.
Section 5: Vice Chair.
The Council Chair shall appoint all Committee Vice Chairs subject to the approval of the Executive
Committee. The Vice Chair’s duties and responsibilities include, but are not limited to:
 Presiding over scheduled Committee meetings and fulfilling the duties of the Chair at scheduled
meetings in the absence of the Chair;
 Assisting the Chair by assuming other duties as are assigned;
 Attending Executive Committee meetings as an alternate for the Committee Chair; and
 Assuming the position of Chair in the event of a vacancy of the position.
At Committee meetings where both the Chair and Vice Chair are present, the Vice Chair may cast a vote
as an ordinary member of that Committee.
Section 6: Chair and Vice4: Chair Eligibility.
Any Council member is eligible for appointment as a Committee Chair or Vice Chair if s/he meets the
following eligibility criteria:
 The individual is a voting member of the Committee; and
 The individual has been a full Council member for a minimum of six (6) months prior to his/her
appointment.
The appointment as a Committee Chair or Vice Chair shall be approved by the Executive Committee.
Individual Committees, through their Policies and Procedures, may set additional criteria for that
particular Committee’s Chair and Vice Chair so long as those requirements are consistent with these
Bylaws.
Section 7: Chair and Vice5: Chair Removal.
Committee Chairs and Vice Chairs may be removed from their positions for any of the following reasons:
 Interference with the work of the Committee and/or the Council;
 Conduct in office which would have a negative impact on the integrity of and/or the
community’s confidence in the Committee and/or the Council;
 Acting in a unilateral fashion contrary to the expressed intent of the Committee;
 Violation of these Bylaws and/or the Arizona Open Meeting Statute; and/or
 Conviction of a criminal offense while in office.
The removal as a Committee Chair or Vice Chair shall be approved by the full Council.two thirds majority
vote of members in attendance in open meeting.
[
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Approve by Rules Committee 03.14.17
Approved by Maricopa County Attorney 03.27.17
Approved by Planning Council 5.11.17]

Section 86: Voting.
All Council members may attend any Committee meeting at any time in an advisory capacity but have
no voting privileges with regard to unless they are a member of the Committee business. If a Council
member attends atwo consecutive Committee meeting and demonstrates to the Chair of that
Committee a willingness to serve as a member of that Committee, that meetings the Council member
shall may choose to become a voting member of that Committee as determined by the Policies and
Procedures of the Committee. Council members who choose to join more than one Committee must
meet the voting requirements for each individual committee..
Section 97: Council Authority.
Except as provided in Article XII of these Bylaws, all decisions of any Council Committee, including the
Executive Committee, Committee Chair, and/or Council Officer are subject to the approval of the full
Council by simple majority vote of the members in attendance in open meeting.
Section 108: Responsibilities.
To achieve the goals and activities of the Planning Council, specialized subcommittees are established.
These committees may include:
The Executive Committee, which oversees the administration of the full Council in the performance of
its ongoing responsibilities.
The Allocations Committee, which reviews Part A expenditures, recommends reallocations of Part A
funding to meet identified need during the grant year, establishes carryover funding requests, and
oversees the yearly Priority Setting and Resource Allocation process.
The Community Health Planning & Strategies Committee, which oversees the completion of
community needs assessments, establishes directives to guide service delivery, and develops the
Council’s Comprehensive Plan for the Delivery of HIV/AIDS Services.
The Training, Education And Membership (TEAM) Committee develops and implements health literacy
programming for HIV positive individuals, collaborates with community stakeholders to present
consumer-focused events, and oversees the Council’s membership recruitment and appointment
process.
The Standards Committee develops standards of care and service definitions for Part A-funded services,
and collaborates with the Part A Program’s Quality Management program to monitor and evaluate
service quality.
The Rules Committee maintains the Council’s Bylaws and Glossary, addresses grievance issues, reviews
committee policies and procedures, and monitors conflict of interest issues.
The Council may establish additional committees and/or work groups at any time to address its goals,
activities and new and emerging needs.
Section 119: Quorum.
In the event a committee cannot meet quorum and, as a result, is unable to vote on a matter of critical
importance to the Council, the Executive Committee may decide the matter at its next scheduled
[24]

meeting. The action of the Executive Committee taken under this section shall also be submitted to the
full Council for approval by simple majority vote of the members in attendance in open meeting.
Section 12: Work Groups.
Concerned residents of both Maricopa and Pinal Counties will be solicited to participate in any
community advisory and/or other ad hoc committees, panels or work groups as may be established by
the Council and Committee Chairs to ensure public input into and feedback of the work of the Council.
All such individuals shall serve in a voluntary capacity and have no voting privileges with regard to
official Council business. Volunteers shall be solicited through an open process to be advertised in the
media throughout the EMA. The Executive Committee, through its Policies and Procedures, shall be
charged with the oversight of all Work Groups.
Section 13: Policies and Procedures.
All Committees shall develop written Policies and Procedures which explain how the individual
Committees will carry out the tasks assigned to them in Section 10 of this Policies and Procedures are
subject to the approval of the full Council.
IX. COMPENSATION
Section 1. Reimbursement
Members of the Council shall serve without compensation, but may be reimbursed for any pre-
approved, actual and necessary expenses incurred in connection with their duties as a Council member.
Consumers of Ryan White services may be reimbursed for reasonable travel expenses and dependent
care expenses, as necessary, to facilitate their participation in the planning process.
Section 2. Reimbursement Process
Maricopa County will provide a procurement to obtain vendors for the provision of transportation for
Council members.
Section 3.
Reimbursements approved under sectionSection 1 of this Article shall be forwarded to the Part A
granteeRecipient for payment upon submission and approval of an invoice and/or receipt for
transportation and dependent care services by an approved vendor.
X. CONTRACTS
The Council and/or members shall not have the power or authority to bind Maricopa County or the BOS
by any contract. All contracts necessary to secure Council support shall be administered on behalf of the
Council by the current administrative entity for Board by any contract. Planning Council Support. Any
[
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Approved by Maricopa County Attorney 03.27.17
Approved by Planning Council 5.11.17]

such service contracts shall be supported exclusively with Part A grant funds according to terms and
practices consistent with the Maricopa County Procurement Code.
XI. GRIEVANCES
Section 1: Grievances.
The Council shall provide an appropriate administrative channel by which individuals and/or
organizations may appeal allocationsallocation decisions of the Council.
Types of grievances to be addressed by the Council include only decisions with respect to funding:
 Process of establishing service priorities (including how best to meet those priorities);
 Service priorities allocations;
 Process involving revising priorities or allocations;
 Deviation from established, written priority setting or resources allocation process (e.g., failure
to follow established conflict of interest procedures);
 Deviation from established, written process for revising priorities or allocations; and/or
 Failure of the Council to exercise its powers to grieve the granteeRecipient.
Grievances against service providers are specifically excluded from discussion, consideration, or action
on the part of the Council and/or any of its Committees. Grievances against service providers should be
filed in accordance with the grievance procedure of the service provider involved.
Section 2: Early Intervention.
The Council shall endeavor to foster a successful grievance process through the concerted prevention of
disputes by addressing issues as early as possible.
Early interventions shall be extensively utilized to ensure as few disputes as possible, and include, but
are not limited to:
 Open, honest communication;
 Council Bylaws assuring inclusive participation in decision-making processes and effective
conflict of interest management;
 Public input is encouraged throughout each Council and Committee meeting with no prior
clearances/arrangements necessary;
 Council members and public participants shall make every attempt to resolve any disputes to
their mutual satisfaction prior to the filing of a formal grievance; and
 Council members and public participants shall encourage diverse expression and full dialogue at
Council meetings.
Section 3: Who May Grieve Council Decisions.
Individuals or entities in Maricopa or Pinal County affected by the outcome of Council decisions may
grieve Council decisions. Affected parties may include, but are not limited to, HIV service providers,
providers eligible to receive Ryan White Part AHIV/AIDS program funding, persons living with HIV and
consumer groups including but not limited to PLWHAPLWH coalitions and caucuses. Any party believing
[26]

themselves to constitute an individual or entity affected by the outcome of a Council decision may bring
a grievance in accordance with this Article.
Section 4: Informal Resolution.
Prior to filing a written grievance, the grieving party shall make every reasonable effort to resolve the
dispute informally.
Section 5: Rules Forfor Grievance Process.
The following ground rules shall apply to the entire grievance process:
1) Grievances must be submitted in writing and must contain the following information:
 A detailed description of the nature of the complaint;
 The reasons for the complaint;
 The specific process alleged to have been violated;
 The desired resolution;
 Any supporting documentation; and
 The name and contact information of the grieving party.
2) Grievances must be submitted within ten (10) business days following Council action.
3) Grievances must be submitted to Planning Council Support.
4) If the request is for non-binding mediation, the grieving party must fully document attempts to
resolve the complaint informally in accordance with Section 4 of this Article.
5) If the request is for binding arbitration, the grieving party must fully document attempts to
resolve the complaint both informally and through non-binding mediation in accordance with
Section 7 of this Article.
6) The Council may revise previous decisions retroactively based on the outcome of grievance
processes.
7) No administrative filing fee shall be imposed.
8) The fees and costs of the Arbitrator or Mediator may be paid at the discretion of the BOSBoard
from funds budgeted for that purpose in accordance with the fees and cost schedules set forth
by the rules of either the Mediation Service of the Volunteer Lawyers Program of Maricopa
County or the American Arbitration Association. Neither the grieving party nor the respondent,
unless the Council itself is responding to a grievance, shall be responsible for the arbitrator’s or
mediator’s fees and costs. No decision issued by an arbitrator or mediator shall include an
assessment of fees and costs against either the grieving party or the respondent.
[
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Approved by Maricopa County Attorney 03.27.17
Approved by Planning Council 5.11.17]

Section 6: Who Shall Resolve Disputes.
Third parties for formal dispute resolution shall be selected by a process whereby the Council Chair will
provide a pre-selected list of eight (8) impartial mediators/arbitrators certified by either the Mediation
Service of the Volunteer Lawyers Program of Maricopa County or the American Arbitration Association
to the involved parties. Each party shall have one (1) opportunity to strike no more than two names
from the aforementioned list. The Council Chair shall select one mediator/arbitrator from the remaining
list of names. Selection of an impartial third party must be completed within ten (10) business days of a
determination by the Rules Committee that both the grieving party and the grievance are qualified and
that the grievance was filed in a timely manner.
Section 7: Non-Binding Mediation Processes.
After unsuccessful informal attempts to resolve the dispute and before filing a request for binding
arbitration, a request for non-binding mediation must be submitted to Planning Council Support within
ten (10) business days of the Planning Council action being grieved.
The following additional rules shall be followed for non-binding mediation:
1) Planning Council Support shall notify the Council Chair within two (2) business days as to the
nature and scope of the grievance as well as the resolution sought.
2) Upon receipt of the grievance, the Council Chair shall immediately refer the matter to the Rules
Committeeappropriate committee for determination of the eligibility of the grieving party to
initiate non-binding mediation, whether the grievance is within the scope of the processes, and
whether the grievance has been filed in a timely manner. If the Rules Committeecommittee
determines that both the grieving party and grievance are qualified and that the grievance has
been filed in a timely manner, the matter shall proceed with the mutual selection of a mediator
to occur within ten (10) business days.
3) If the grievance request is denied by the Rules Committee and the grieving party wishes to
proceed, s/he may appeal the denial to the Executive Committee. The Executive Committee
may, upon a simple majority vote of members in attendance in open meeting, reverse the
denial. The decision of the Executive Committee regarding the denial of a grievance request
shall be final.
4) If the grieving party fails to respond within ten (10) business days after notification of the Rules
Committee decision, the grievance will be deemed to have been resolved to the satisfaction of
the grieving party.
5) The identity of the grieving party shall not be accessible to the public, and strict confidentiality
shall be maintained by all parties involved as to the grieving party’s identity throughout the entirety of
the mediation including discussion by any Council member at any open meeting.
6)5) Non-binding mediation may include any of the types of grievances listed in Section 1 of this
Article including protesting and appealing allocations decisions.
7)6) The mediator shall be responsible for initiating a meeting of all relevant parties to the grievance
within ten (10) business days of his/her selection and designating a mutually agreeable meeting
[28]

place. If a mutually agreeable decision is not reached within five (5) business days following the
meeting, the mediator shall declare an impasse and inform the parties of additional steps (i.e.,
binding arbitration) which are available.
Section 8: Binding Arbitration.
After both unsuccessful informal attempts and unsuccessful non-binding mediation to resolve the
dispute hashave been exhausted, a written request for binding arbitration must be submitted to
Planning Council Support within five (5) business days following a mediator’s declaration of an impasse.
The following additional rules shall be followed for binding arbitration:
1) Planning Council Support shall notify the Council Chair within two (2) business days as to the
request for binding arbitration. Strict confidentiality shall be maintained by all parties involved
in accordance with the rules of the American Arbitration Association and Section 7(e)5 of this
Article.
2) An arbitrator shall be selected in accordance with Section 6 of this within ten (10) business days.
3) The arbitrator shall designate a mutually agreeable meeting place and resolve the dispute in
accordance with American Arbitration Association rules.
4) The arbitrator is responsible for notifying both parties and the Council Chair of his/her decision.
5) The decision shall be made promptly by the arbitrator and, unless otherwise agreed by the
parties or specified by law, no later than thirty (30) calendar days from the date of the closing
the hearing, or, if oral hearings have been waived, from the date of the American Arbitration
Association’s transmittal of the final statements and proofs to the arbitrator.
6) The decision of the arbitrator is final and may not be appealed.
XII. CONFLICT OF INTEREST
Section 1: Definitions.
Conflict of interest is defined as an actual or perceived interest by a Council member in an action that
results or has the appearance of resulting in personal, organizational, or professional gain. A Council
member shall be deemed to have a conflict of interest if the member, and/or the member’s relative is a
director, trustee, member, paid employee of, or has a financial interest in any entity seeking funding or
providing services funded by federalFederal Ryan White legislation.
For the purposes of these Bylaws, a relative is the spouse, child, child’s child, parent, grandparent,
brother or sister of the whole or half blood and their spouses and the parent, brother, sister or child of a
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spouse of a Council member. Unmarried domestic partners of Council members are regarded in the
same manner as a spouse.
Section 2: Grant Administration.
The Council shall not be directly involved in the administration of a grant nor shall the Council designate
or otherwise be involved in the selection of particular entities as recipientssub-Recipients of any of the
amounts in the Part A grant. The Council may be involved in selecting particular entities or individuals to
carry out activities directly related to Council functions and responsibilities.
Section 3: Contract Selection.
An individual shall serve on the Council only if the individual agrees that if the individual has a financial
interest in an entity, if the individual is an employee of a public or private entity, or if the individual is a
member of a public or private organization, and that entity or organization is seeking Part A funding, the
individual will not, with respect to the purpose for which the entity seeks such amounts, participate,
either directly or in an advisory capacity, in the process of selecting entities to receive such amounts for
such purposes.
Section 4: Directives.
The Council may, at its choosing, provide guidance to the granteeRecipient regarding the types of
organizations that may best meet each service priority established by the Council in an effort to help
guide the granteeRecipient in how best to meet the established service priorities. However, the Council
shall not select which particular organizations receive funding, either by specific direction or by narrowly
describing a type of organization.
Section 5: Planning Council Support.
Council members who have a conflict of interest by providing Planning Council Support Services to the
Council will be ineligible to serve as an officer on the Council’s Executive Committee.
Section 6: Consumers.
Conflict of interest generally does not refer to persons living with HIV disease whose sole relationship to
a Part A service provider is as a client receiving services or serving as an uncompensated volunteer
working fewer than 30 hours per week.
Section 7: Part A Service ProvidersProvider Affiliation.
Service provider membersMembers of the Council affiliated with a Part A Sub-Recipient shall state the
name of the organization the individual representsand declare conflicts of interest during introductions
at every Council or Committee meeting. Service provider membersMembers shall abstain from votes
which would appear to result in personal, professional, or organizational gain. Service provider
membersMembers may respond to specific questions asked about a service category in which the
individual’s organization provides services but the service providermember may not initiate such a
discussion.
Section 8: Disclosure Forms.
All Council members must sign a Conflict of Interest and Affiliations Disclosure Form indicating their
willingness to disassociate from any actual or perceived special interests during Council deliberations
and agreeing to act only on behalf of the broadly affected HIV community in its totality. It is the
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responsibility of the Council member to update his/her Conflict of Interest and Affiliations form as
necessary, and at a minimum, once every six months.
Section 9: Voting.
Any Council member with a real or perceived conflict of interest shall be prohibited from voting on
issues related to a particular organization or category of service, except as provided in this Article.
Section 10: Determinations.
The Council Chair, other Council members or the person alleged to have a conflict of interest may call
for a vote to determine whether a member will have voting privileges on any issues in question.
Section 11: Violations.
Council members found to be in violation of the Council’s Conflict of Interest Policy may be subject to
disciplinary action. Disciplinary action under this Section shall include, but not be limited to, the
following:
 Asking the member to leave the room during the discussion of and/or the voting on a particular
service category or organization;
 Removal of the member from a Committee membership; and/or
 Removal of the member from the Council membership.
Section 12: Federally Mandated Representation.
The Council recognizes the need for full representation within Council membership with all Parts of the
Act: A, B, C, D and F. Federal HRSA mandates, as described in part in Article III - Membership, Section 1,
"Size and Composition," requires full Part representation where representation is possible within the
EMA. HRSA does not permit local council pre-emption of that requirement on the basis of an EMA
Council Bylaw, such as prohibition of conflicts of interests as defined by the Council.
A representative may represent more than one Part (including Part F) if qualified to provide
representation in accordance with HRSA standards. In addition, the Council provides individuals (and
their alternates) who represent Parts B, C, D, and F with full Council membership irrespective of whether
they might otherwise qualify for Service provider membership.
XIII. EFFECTIVE DATE
These Bylaws shall become effective as of August 1, 1996 or sooner, upon appointment of Council
members by the Maricopa County BOS.Board. All future amendments thereto, unless specified, shall
become effective upon adoption by the Maricopa County BOSBoard.
XIV. AMENDMENTS
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Section 1. Authority
These Bylaws shall only be amended, suspended or changed in any manner by the BOSBoard.
Section 2. Amendment Process
Proposed amendments shall be submitted to the Rules Committeeappropriate committee for
consideration. The Rules Committee shall submit proposedProposed amendments shall be submitted in
writing to the full Council a minimum of two weeks prior to the next scheduled meeting at which the
amendments will be reviewedconsidered. Any amendments must be consistent with Ryan White
HIV/AIDS Treatment Modernization Act legislationthe Legislation. The Council may propose
amendments to these Bylaws by submitting written recommendations to the BOSBoard or its designee.
Once quorum is established, a 2/3two thirds majority vote of members in attendance in open meeting,
shall be required to recommend amending the Bylaws.
Section 3. Availability
The Council Chair, Planning Council Support and the GranteeRecipient shall keep updated copies of the
Council Bylaws and Glossary and shall distributemake the most current version available to all Council
members at least annually.
Section 4.
Copies of the Bylaws and Glossary will be made available to the public upon request.
XV. GOVERNANCE
All meetings of the Council shall be conducted in accordance with the most recent edition of Roberts
Rules of Order. In the event of a conflict between Roberts Rules of Order and these Bylaws, the Bylaws
will take precedence.
XVI. NONDISCRIMINATION CLAUSE
No discrimination shall be exercised by the Council or by any person subject to its direction against any
person because of race, gender, religious belief, color, national origin, ancestry, age, physical or mental
disability status, or sexual and gender orientation. Special consideration shall be given to ensure the
diversity of the Council as outlined in Article III of these Bylaws.
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GLOSSARY OF TERMS
Acquired Immune Deficiency Syndrome (AIDS)
A disease of the immune system caused by infection with HIV.
Administrative Agent/Administrative Agency (AA)
The entity that functions to assist the grantee, consortium, or other planning body to carry out
administrative activities (e.g., disbursing program funds, developing reimbursement and accounting
systems, developing Requests For Proposal (RFPs), and monitoring contracts).
Administrative Mechanism
The process used by the Administrative Agent through which service providers are selected, paid, and
monitored. The administrative mechanism also includes a process for the timely obligation of funds
after receipt of the Notice of Grant Award.
Agenda
A written list of matters needing attention, discussion and/or action at a meeting. Matters not
appearing on the agenda may not be discussed; nor may any action be taken concerning matters not
appearing of the agenda.
AIDS Drug Assistance Program (ADAP)
Provides FDA-approved medications to low income people living with HIV/AIDS who have limited or no
coverage from private insurance, AHCCCS, or Medicare. This program is authorized under Part B of the
Ryan White legislation and, in Arizona, is administered by the Arizona Department of Health Services.
AIDS Education and Training Center (AETC)
Regional centers providing education and training for primary care professionals and other AIDS-related
personnel. The main AETC in Arizona is at the University of Arizona in Tucson.
Alternate
An individual chosen by a Planning Council member, and approved by the Board of Supervisors ,who
may attend a limited number of Council meetings and vote on the member’s behalf.
Arizona Department of Health Services (ADHS)
The programmatic unit of the Arizona State government charged with the administration of public
health services. Within ADHS, the Office of HIV Services administers the Ryan White Part B program and
state AIDS Drug Assistance Program (ADAP).
Arizona Health Care Cost Containment System (AHCCCS)
A Medicaid waiver program funded by the United States government and the state of Arizona,
administered by the Arizona Department of Economic Security, that pays the medical expenses of
people with limited income or resources.
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Approved by Planning Council 5.11.17]

Bylaws
The written rules and regulations that govern the internal affairs of the Planning Council. The Bylaws are
drafted by the Rules Committee and must be approved by the full Council and the Maricopa County
Board of Supervisors.
Centers for Disease Control and Prevention (CDC)
A federal agency that administers disease prevention programs including HIV/AIDS prevention.
Chief Elected Officer (CEO)
The official recipient of Ryan White Part A funds. The Chief Elected Officer for the Phoenix EMA is the
Chair of the Maricopa County Board of Supervisors. The CEO is ultimately responsible for administering
all aspects of their Part A funding and ensuring that all legal requirements are met.
Community-Based Organization (CBO)
An organization that provides services to locally defined populations, which may or may not include
populations infected with or affected by HIV.
Comprehensive Plan
A document developed by the Community Health Planning & Strategies Committee every three years
that defines the goals of the Planning Council related to improving service delivery and reducing gaps in
care and/or barriers in accessing care.
Conflict of Interest
Planning Council members and Alternates will be considered to have a conflict of interest if they
themselves, their relative, spouse, or domestic partner have an interest in issues to be discussed that
might affect:
 A profit or non-profit organization in which he/she has a financial interest in or is serving as
an officer, director, trustee, partner, paid employee, or consultant;
 A public agency in which he/she is serving as an paid employee or consultant;
 Any person or organization with whom he/she is negotiating or has an existing arrangement
concerning prospective employment.
Consumer
PLWHA who receive services funded by Ryan White Part A. While this term is most often used to
describe Part A clients, it is occasionally used to describe any person living with HIV that is receiving HIV-
related care.
Continuum of Care
A full range of emergency and long-term service resources to address the various needs of people living
with HIV.
BOS Designee
An individual designated by the Chair of the Maricopa County Board of Supervisors (BOS) to serve as a
liaison to the Planning Council. The BOS Designee serves a one-year term and can be reappointed for an
unlimited number of terms.
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Division Of Service Systems (DSS)
The division within HRSA’s HIV/AIDS Bureau that administers Part A and Part B of the Ryan White
legislation.
Eligible Metropolitan Area (EMA)/Transitional Grant Area (TGA)
These terms describe geographic areas highly impacted by HIV/AIDS that are eligible to receive funds
under Part A of the Ryan White legislation. EMAs typically have large, established HIV epidemics. TGAs
are areas that are experiencing increased infection rates (transitioning to an EMA), or for a variety of
reasons, have decreasing HIV populations (transitioning toward losing their eligibility to apply for Ryan
White Part A funding).
Epidemiological Data
Information and statistics from the branch of medical science that studies the incidence, distribution,
and control of diseases in a population.
Grantee
The entity who is the recipient of Ryan White Part A funds for an EMA/TGA. The grantee is responsible
for administering the grant award according to HRSA rules and regulations. The grantee for the Phoenix
EMA is Maricopa County, Arizona.
Grantor
The agency of the federal government that makes annual Ryan White CARE Act grant awards. The Ryan
White Part A grantor is the Health Resources Services Administration (HRSA).
Health Resources Services Administration (HRSA)
A United States Health and Human Services agency that administers various primary care programs for
the medically underserved, including the Ryan White Treatment Extension Act.
Housing Opportunities for People With AIDS (HOPWA)
A program administered by the United States Department of Housing and Urban Development that
provides funding to support housing for PLWHA and their families.
Human Immunodeficiency Virus (HIV)
A retrovirus that destroys the immune system’s CD4 helper cells, the loss of which causes AIDS.
Maricopa County Board of Supervisors (BOS)
The Board of Supervisors is the elected governing body for Maricopa County. The BOS has a designee
from among its members who acts as the Designee for the Planning Council. The BOS appoints all
Planning Council members and their alternates.
Maricopa County Business Strategies and Healthcare Programs
The programmatic unit of Maricopa County government charged with the administration of Part A funds
for the Phoenix EMA.
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Medicaid
Medicaid is a governmental health care program for eligible individuals and families with low incomes
and resources. It is funded through federal and state resources.
Medicare
Medicare is a governmental health care program for eligible individuals who are retired and/or disabled.
Minority AIDS Initiative (MAI)
The federal Minority AIDS Initiative provides additional financial resources to Ryan White grantees so
they may address the disproportionate impact of HIV/AIDS in communities of color. Goals of the
initiative include reducing the spread of HIV/AIDS and improving health outcomes for people of color
living with HIV.
Needs Assessment
A process of collecting information about the health care and supportive service needs of local people
living with HIV.
Notice of Grant Award (NGA)
The legal document issued to notify the grantee that an award has been made and that funds may be
requested from the HHS payment system.
Open Meeting Law
A state law (Arizona Revised Statutes, Section 38-431 et seq.) which governs how all meetings of any
public body shall be conducted.
Person Living With HIV/AIDS (PLWHA)
Any Individual diagnosed as HIV positive or as having AIDS.
Planning Council
A community group, appointed by the Maricopa County Board of Supervisors, to plan the organization
and delivery of HIV health care and social services funded by Part A of the Ryan White Treatment
Extension Act.
Planning Council Membership Classifications
 General Public Member: These Planning Council members represent the infected and affected
HIV community.
 Institutional Member: A Planning Council member, or alternate, who is a paid employee or
board member of, or has a financial interest in, a community-based or government organization
that does not receive Ryan White Part A funding.
 Service Provider Representative: A Planning Council member or alternate who is a paid
employee or board member of, or has a financial interest in, a community based organization or
government entity that receives Ryan White Part A funding.
Planning Process
Activities taken to assess an local HIV service needs, establish priorities for the allocation of Part A funds,
and develop a comprehensive plan for the organization and delivery of local HIV services.
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Policies and Procedures
Written rules developed by each Planning Council committee to explain the process through which the
individual committees complete the tasks assigned to them.
Priority Setting and Resource Allocation (PSRA)
The process used to 1) establish priorities among service categories to best meet locally identified
needs, and 2) determine the amount of funding that can be used to provide services within those
categories.
Public Notice
Entities who’s activities are governed by Arizona Open Meeting Law must post a notice of the intention
to meet at least 24 hours in advance of the meeting. The posting must include the time and location of
the meeting and the items to be discussed. The location of the posting must be accessible to the public
during normal business hours.
Reflectiveness
The extent to which the demographics of the Planning Council match the demographics of the HIV
epidemic in the EMA.
Request For Proposals (RFP)
An open and competitive process for the procurement of goods and services. An RFP is an appeal for
entities to apply to be Part A contractors. Part A notifies the provider community that funding is
available to provide Ryan White services. Organizations then respond with a proposal that usually
includes a service delivery plan, budget, and other background information. An independent committee
reviews the proposals and determines which organizations to award Ryan White contracts to.
Residency
Living in a place permanently or for an extended period of time.
Ryan White Legislation
Federal legislation that addresses the unmet health needs of people living with HIV by funding primary
medical care and support services.
 Part A: A section of the Ryan White legislation that provides emergency assistance to
geographic areas disproportionately affected by the HIV/AIDS epidemic.
 Part B: A section of the Ryan White legislation that provides funds to States and Territories for
primary health care, including AIDS Drug Assistance Programs (ADAP), and support services that
enhance access to care by people living with HIV and their families.
 Part C: A section of the Ryan White legislation that supports outpatient primary medical care
and Early Intervention Services (EIS) to people living with HIV through grants to public and
private nonprofit organizations. Part C also funds capacity development and planning grants to
prepare EIS programs.
 Part D: A section of the Ryan White legislation that supports coordinated services and access to
research for women, infants, children, and youth with HIV/AIDS and their families.
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 Part F: A section of the Ryan White legislation that includes the AIDS Education and Training
Center (AETC) Program, the Special Projects of National Significance (SPNS) Program, and the
HIV/AIDS Dental Reimbursement Program.
Quorum
A numerical majority of voting members that must be present at a meeting in order to take action on
agenda items.
Service Categories
The types of services defined by the Health Resources and Services Administration (HRSA) that Part A
funds can be used to provide in an EMA/TGA.
Service Gaps
Ideally, all of the service needs of all PLWHA in the community should be met. When there are PLWHA
that have service needs that aren’t being met, there is a service gap.
Special Projects of National Significance (SPNS)
A health services demonstration, research, and evaluation program funded under Part F of the Ryan
White legislation to identify innovative models of HIV care.
Statewide Coordinated Statement of Need (SCSN)
A written statement of need for an entire state developed through a process designed to collaboratively
identify significant HIV issues and maximize Ryan White CARE Act program coordination.
Technical Assistance (TA)
The delivery of practical program and organizational support to Ryan White Part A grantees, planning
bodies, and affected communities. TA is used to assist in the design, implementation, and evaluation of
Ryan White-supported planning and primary care service delivery systems.
United States Department of Health and Human Services (HHS)
A federal agency responsible for protecting the health of all Americans and providing essential human
services, including administration of the Ryan White legislation.
United States Department of Housing and Urban Development (HUD)
A federal agency responsible for administering community development, affordable housing, and other
programs including Housing Opportunities for People With AIDS (HOPWA).
Unmet Need
The unmet need for primary health services among individuals who know their HIV status but do not
receive primary health care.
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