RYAN WHITE PART A PLANNING COUNCIL BYLAWS.PDF

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: Service Providers.
Service provider members of the Council shall state the name of the organization the individual
represents at every Council or Committee meeting. Service provider members shall abstain from votes
which would appear to result in personal, professional, or organizational gain. Service provider members
may respond to specific questions asked about a service category in which the individual's organization
provides services but the service provider 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
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.
Rationale. 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 Ill -
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.
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st-ailda-Fd.s,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. All future amendments thereto, unless specified, shall become
effective upon adoption by the Maricopa County BOS.
XIV. AMENDMENTS
Section 1.
These Bylaws shall only be amended, suspended or changed in any manner by the BOS.
Section 2.
Proposed amendments shall be submitted to the Rules Committee for consideration. The Rules
Committee shall submit proposed amendments in writing to the full Council a minimum of two weeks
prior to the next scheduled meeting at which the amendments will be reviewed. Any amendments must
be consistent with Ryan White HIV/AIDS Treatment Modernization Act legislation. The Council may
propose amendments to these Bylaws by submitting written recommendations to the BOS or its
designee. Once quorum is established, a 2/3 majority vote shall be required to recommend amending
the Bylaws.
Section 3.
The Council Chair, Planning Council Support and the Grantee shall keep updated copies of the Council
Bylaws and Glossary and shall distribute the most current version 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
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