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Board Organization -- Authority, Structure and Policies

Michigan Commission for the Blind
BOARD OF COMMISSIONERS

Board Organization--Authority, Structure and Policies

I. Objectives

The purpose of this board organizational statement defines the board of commissioners as the policy making board for the Michigan Commission for the Blind (agency). Historically, the Board of Commissioners of the Michigan Commission for the Blind (MCB) arises out of Public Act 260 of 1978. MCB, under P.A. 260, was transferred from the Offices of Services to the Blind (OSB) under the Department of Social Services in 1978 to the Michigan Department of Labor. By Executive Order 1996-2, the Michigan Commission for the Blind was transferred as a Type II transfer with all the statutory authority, powers, duties, functions and responsibilities to the Family Independence Agency effective May 15, 1996.

As prescribed under law, all staff, equipment, responsibilities, duties, budgets and purposes of the OSB were transferred under P.A. 260. At that time, much concern was evident over the lack of involvement of the blind community in the development, implementation and delivery of services to the blind in the state of Michigan. Intent of P.A. 260 was to create a strong autonomous commission (agency) governed by a board of commissioners of five members, three of which are to be blind or visually impaired meeting the definitions as prescribed in P.A. 260. While there has been, historically speaking, some controversy and argument over the authority and powers of such a board of commissioners, certain responsibilities are recorded in P.A. 260 as described later in this policy. In addition, one must take into consideration the previous practices, the intent and analysis in the passing of Public Act 260, Executive Order Act of 1965 dealing with type 1 through type 3 transfers within state departments, and other research in the establishment of policy statement.

II. Board Structure and Membership

A. The Board of the Commission for the Blind is comprised of five members, each appointed to three year terms by the Governor of the State of Michigan. Three members of this Commission must be blind or visually impaired under the definitions as prescribed in P.A. 260. Each member is a voting member of this Board. A chairperson is appointed as a member of this Commission by the Governor of the State of Michigan. Appointed terms are staggered each year so that no more than 2 board members' terms should expire at the same time. Should vacancies occur during the term of any one board member, an appointment is made to complete the term of the resigning board member at which time that appointed member can be reappointed to another three year term by the Governor of the State of Michigan.

B. The chairperson of the Board of Commissioners is a voting member of the Board and exercises his vote as part of any voting majority unless stated specifically to the contrary in the recording of each vote. In case of ties in the vote, the chairperson records the deciding vote on the specific issue in question.

C. The responsibilities and roles of the chairperson of the Commission Board are in the chairing of the board meeting and conducting its business according to the Roberts Rules of Order. The chairperson seeks and recognizes Commissioners for addressing issues and finalizes the discussion with comments prior to each vote to be taken. The chairperson always is the spokesperson for the Board of Commissioners whether the Commission is in session or out of session. The chairperson represents the Board of Commissioners at all functions unless in the chairperson's absence another commissioner is designated as such. The chairperson establishes the agenda for each board meeting in coordination with the director of the MCB agency. At the first meeting of each MCB Commission board in the fiscal year, the chairperson will appoint any ongoing committee member from the remaining commissioners of the board.

D. At the first meeting of the Board of Commissioners in the fiscal year, a Vice Chairperson will be selected by the Board for the sole purpose of conducting the official meeting of the board in the absence of the chairperson. The board chairperson is always the spokesman for the Board of Commissioners at meetings and in between official meetings.

E. The Board of Commissioners has no standing committees. Ad Hoc Committees are appointed on an as needed basis and are dissolved as the projects are completed and reports made. Board members can be appointed to Commission (agency) project committees or standing committees in the official capacity of a Commission board member.

III. Board — Authority, Roles and Responsibilities

A. The authority for the Board of Commissioners is vested by Public Act 260. As defined previously, P.A. 260 establishes a five member Board of Commissioners in the establishment of authority, responsibility and accountability to the blind community. The commissioners appointed to this board by the governor of the state places the accountability and responsibility of the Board of Commissioners directly to the governor and to the citizenry of the state of Michigan. While the P.A. 260 establishes the board as a whole, it is evident from a historical perspective, that advisory councils and other such groups were involved in the provision of services to the blind in the state of Michigan. The term “Advisory Council” was a term used in one of these groups. However, P.A. 260 establishes a more autonomous and authoritative responsibility to the Board of Commissioners as part of the Commission for the Blind which has the ultimate responsibility to provide services as prescribed under P.A. 260. Under P.A. 260, the Board of Commissioners shall recommend a person to serve as director of the Commission (agency) from a list of eligible candidates submitted to the Board of Commissioners by the Department of Civil Service. The director of the department that houses the Commission (agency) may appoint or reject the person recommended for the position of agency director by the Board of Commissioners. The Board of Commissioners shall repeat the process until a director is selected. Further, throughout the act, it is prescribed for the Board and Commission (agency) to work with other state departments in specific areas in a cooperative manner.

B. A second role and responsibility for the Board of Commissioners is implied in the structure as prescribed under Public Act 260 as well as the intent as evidenced prior to the adoption of P.A. 260. This role and responsibility is in the policy making function for the operations of the agency in the provision of services to the blind community. It is in this role that the Board of Commissioners acts as an advocate for the blind community in the development, implementation and evaluation of the services that are provided. The role and responsibility is therefore a policy making role in directing the Administrator of the agency but not in administrating directly. The services to the blind are prescribed in P.A. 260 with a great deal of latitude in the implementation of programs to meet the requirements of P.A. 260.

C. An additional responsibility for the overall management and accountability of the Business Enterprise Program (BEP) is placed under the Commission for the Blind and the Board of Commissioners under the Randolph Sheppard Act (federal law). The role of the agency is set forth as participative management of the BEP through the Elected Operators Committee (EOC). The Board of Commissioners and the Commission agency is to encourage active participation of the EOC in the management of their organization. The active participation of the EOC and the operators includes the responsibilities of analyzing problems, identifying root causes, evaluation solutions and helping in implementing the solutions within the limits of available resources. The Board of Commissioners has the role and responsibility for the development of overall policy and creation of a positive environment in which the participative management process can take place. The Board of Commissioners and the agency encourages a cooperative, respective and trustworthy working relationship on the part of the EOC as the management group of all operators of the Business Enterprise Program.

IV. Board Operations and Protocol

A. Board meetings are set at the beginning of each fiscal year, currently scheduled to meet on the third Monday of each month with the exception of the month of July of each year by majority vote at the beginning of each fiscal year. Times and places for meetings are set with the agendas by the chairperson of the Board of Commissioners and the agency director. The quorum of the board is a simple majority of the appointed board members and no business can be transacted without a quorum present. All meetings of the Board of Commissioners and/or any special committee so appointed to act on behalf of the Board of Commissioners are subject to the Open Meetings Act of the State of Michigan of 1976. Each board meeting will be chaired by the chairperson of the Board of Commissioners unless in his/her absence, each meeting will be chaired by the vice chair. The chairperson as appointed by the governor of the state of Michigan remains the spokesman for the Board of Commissioners at all times. It is the responsibility of the chairperson of the Board to establish the agenda for each Board of Commissioners meeting with the Director of the agency.

Under P.A. 260, the Board of Commissioners is entrusted with the responsibilities for advocacy for the blind community, recommendation to appoint the agency director, recommendations in the process of determining policy for services to the blind, participating in the overall coordination and management of the business enterprise program as specified under the Randolph Sheppard Act, recommending action on the agency budget for operations and overall dispensing of services and equipment for the blind community as presented by the agency Executive Director, participating in and receiving evaluation reports on commission rehabilitation programs, evaluating the director, and obtaining information on current trends and improvements in overall services to the blind community of the State of Michigan.

In order to accomplish the responsibilities as listed, it is necessary for the Board of Commissioners to respect the professionalism of all commissioners in its debate and decision making process. The Board of Commissioners has the responsibility of developing and maintaining positive working relationships with other departments within the state of Michigan. Likewise, the MCB agency and board need to foster positive working relationships with other providers of services to the blind necessary to maximize the amount of resources available in the provision of quality and effective services.

B. All meetings are to be conducted according to the guidelines of Roberts Rules of Order during official board meetings. Special ad hoc committees as appointed are project and task driven and need not follow the Roberts Rules in a formal sense. Board meetings are formal meetings of MCB but can be conducted and maintained in informal manners. Professionalism comes out of trust and respect for participants in the meeting and while differences of debate and position can be noted, the overall intent of the Board of Commissioners and the MCB agency is to maintain a high standard of operations and reputation. It is the responsibility of the chair person to maintain such decorum and has the authority to do anything necessary to maintain such.

C. Board meetings will be conducted in an efficient, effective and timely manner. Agenda items will be supported by documentation meeting the requirements of the board to handle any matter as expeditiously as possible. Debate should be allowed for each individual to express his/her opinion and/or questions of the presenter. The chair should finish each discussion and call for a vote if required. The chair recognizes each presenter and on behalf of the board expresses the board's gratitude to the presenter for the presentation. Minutes are recorded by the secretary to the board from the executive offices of MCB. Minutes and agenda items should be distributed to the Board of Commissioners at least one week prior to the scheduled meeting in a format meeting the needs of each individual board member. Matters of concern to board members must follow channels through the chairperson and/or the director of the agency or with the chair's and/or director's approval. If Board members wish items placed on the agenda, they should contact the chairperson or the Executive Director for the placement of the subject on the agenda. Agenda items can be added to the end of the agenda to receive inquiries or questions by Board members.

Travel Expenses:

1. Travel expenses may be authorized for Commission members in travel status conducting official state business. The following are examples of official state business meetings for which travel expenses may be authorized:

a. Travel to and from regularly scheduled Commission meetings.

b. Travel to and from meetings (see “b” above) which Commission members have been requested to attend by the Chair.

c. Travel to and from meetings (see “c” above) which members have requested and been granted permission to attend.

2. Mileage reimbursement will be based on state approved rates.

3. No travel expenses shall be reimbursed unless prior authorization has been obtained for said member from the Chair of his designee.

 

board.org 9/11/96
REV. 09/04

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