MAINE STATE REHABILITATION COUNCIL -
DIVISION OF VOCATIONAL REHABILITATION
BYLAWS
ARTICLE I- NAME
This organization shall be known as the Maine State Rehabilitation Council (hereinafter
referred to as the Council) to the Division of Vocational Rehabilitation (hereinafter referred to
as the Division).
ARTICLE II- MISSION
The mission of the Council is, in partnership with the Director for the Division, to formally
provide diverse viewpoints in order to effectively develop and evaluate programs, policies and
services, and to influence at a systematic and policy level the direction of Vocational
Rehabilitation services for individuals with disabilities. The Council will also partner with the
Division to identify priorities that help secure and maintain integrated and competitive
employment opportunities and increase independence through a process of informed choice for
individuals with disabilities and advise the Division on its performance and effectiveness in
achieving employment outcomes for individuals with disabilities in Maine.
ARTICLE III- PURPOSE
The purpose of the Council is to serve in partnership with the Division to implement the
requirements of and improve the Division’s performance under the Rehabilitation Act of
1973, as amended, and the Workforce Innovation and Opportunity Act of 2014.
ARTICLE IV- FUNCTION AND RESPONSIBILITIES
In collaboration with the State Workforce Development Board, the Council will:
(1) Review, analyze, and advise the Division regarding the performance of the responsibilities, related to;
a. Eligibility (including order of selection)
b. The extent, scope and effectiveness of services provided
c. Functions performed by State agencies that potentially affect the ability of
individuals with disabilities in achieving employment outcomes
(2) In partnership with the Division:
a. Develop, agree to, and review the Division’s state goals and priorities.
b. Evaluate the effectiveness of the vocational rehabilitation program and
submit reports of progress to the Secretary of the Department of
Education.
c. Advise the Division regarding activities carried out and assist in the
preparation of the vocational rehabilitation services portion of the Unified
or Combined State Plan and amendments to the plans, application, reports,
needs assessments and evaluations.
(3) Review, analyze and monitor the effectiveness of, and consumer satisfaction
with the services provided by the Division, state agencies and other public and
private entities responsible for providing services to individuals with disabilities
under the Rehabilitation Act; and the employment outcomes achieved by
eligible individuals receiving services, including the availability of health and
other employment benefits in connection with those employment outcomes.
(4) Prepare and submit to the Governor and the Secretary of the Department of
Education and the Rehabilitation Administration (RSA) no later than 90 days after
the end of the Federal fiscal year an annual report on the status of vocational
rehabilitation programs operated within the State and make the report available to
the public through appropriate modes of communication.
(5) Coordinate activities with the other Councils within the State, including the
Statewide Independent Living Council, the State Developmental Disabilities
Planning Council, State Mental Health Planning Council, the State Quality
Improvement Council, and the State Workforce Development Board, and with the
activities of entities carrying out programs under the Assistive Technology Act of
1998.(6) Provide for coordination and the establishment of working relationships between
the Division and the Statewide Independent Living Council and Centers For
Independent Living within the State.
(7) And perform additional functions, consistent with the purpose of Title I, as the
Council determines appropriate and comparable to other functions accomplished by the
Council.
(8) In conjunction with the Division, prepare a resource plan for the provision of
resources, including staff and other personnel that may be necessary and sufficient for
the Council to carry out its functions. The resource plan must, to the maximum extent
possible, rely on the use of resources in the existence during the period of
implementation of the plan.
(9) The Council must, consistent with State law, supervise and evaluate the staff and
personnel that are necessary to carry out its functions.
a. Those staff and personnel that are assisting the Council in carrying out its
functions may not be assigned duties by the Division or any other agency or office
of the State that would create a conflict of interest.
(10) The Division will consult with the Council regarding the:
a. Need to establish an order of selection, including any reevaluation
of the need.
b. Priority categories of the particular order of selection,
c. Criteria for determining individuals with the most significant
disabilities
ARTICLE V- MEMBERSHIP
Section 1. Composition of the Council
To satisfy federal requirements, the Council should consist of 15 members with a majority of
individuals with disabilities who do not work for the Division.The Council shall be composed of the following individuals:
(1) At least one representative of the Statewide Independent Living Council
(2) At least one representative of a parent training and information center
(3) At least one representative of the Client Assistance Program (CAP)
(4) At least one qualified vocational rehabilitation counselor with knowledge of and
experience with vocational rehabilitation programs; who shall serve as an Ex-officio,
non-voting member of the Council if the counselor is an employee of the Division
(5) At least one representative of community rehabilitation program service providers
(6) Four representatives of business, industry and labor
(7) Representatives of disability advocacy groups representing a cross section of:
a. Individuals with physical, cognitive, sensory and mental disabilities
b. Parents, family members, guardians, advocates or authorized representatives of
individuals with disabilities who have difficulty in representing themselves or are
unable due to their disabilities to represent themselves
(8) Current or former applicants for or recipients of vocational rehabilitation
services
(9) A representative of the American Indian Vocational Rehabilitation Services (AIVR)
(10) A representative of the State educational agency responsible for the public
education of students with disabilities who are eligible to receive services under
the Individuals with Disabilities Act (IDEA)
(11) A representative of the State Workforce Development Board
(12) The Director of the Division of Vocational Rehabilitation as an ex-officio member,
nonvoting member, of the Council.
Every effort will be made to ensure demographic, geographic, minority, and cross-disability
representation within the Council's membership.
Section 2. Appointment of Members
Members of the Council must be appointed by the Governor. The Executive Committee has
oversight responsibility in soliciting and nominating candidates to the Governor for
appointment to the Council. The Governor may appoint additional members at his/her
discretion.
Section 3. Terms of Appointment
(1) Length of Term - Each member of the Council shall serve for a term of not more than
three (3) years, except that a member appointed to fill a vacancy occurring prior to the
expiration of the term for which a predecessor was appointed, shall be appointed for
the remainder of such term.(2) Number of Terms - No member of the Council may serve more than two (2) full,
consecutive terms. Former members may return to serve on the Council provided they
have one year of absence and the normal nomination process is followed. The CAP
representative and the AIVRS representative are exempt from any term limits.
Section 4. Resignation
Any member may resign by filing a written resignation with the Governor with notification to
the Chairperson of the Council.
Section 5. Termination of Membership
Members are expected to be active participants in all Council meetings. Any member who is
absent and not excused for three (3) meetings may be recommended for removal from the
Council through a motion by a voting member. If the motion passes, The Chairperson will
forward the member’s name to the Governor and request that the termination process be
initiated.
Section 6. Vacancy
Any vacancy occurring in the membership of the Council must be filled in the same manner as
the original appointment. The vacancy shall not affect the power of the remaining members to
execute the duties of the Council.
Section 7. Leave of Absence
A member who is unable to participate in Council activities may request a leave of absence.
The member should put the request for leave of absence in writing and send the request to the
Chair of the Council. A leave of absence can be granted for up to three (3) consecutive months.
Additional requests for leave of absences of no more than an additional three (3) months or a
request for an extension of the original leave of no more than three (3) months must be
reviewed and approved by the Executive Committee. If a member who requests the leave is an
Officer of the Council, the member must resign that position. The Chair will appoint a
replacement on an interim basis until the next election of Officers. Members on a leave shall
not count when establishing a quorum.
Section 8. Accommodation
The Council will provide reasonable accommodations, as needed, for Council members to fully
participate in all Council activities. Additionally, the Council will provide reasonable
accommodations to members of the general public to allow for these individuals to access andto participate in Council activities that are considered open to the public. Examples of meetings
open to the public are all regularly advertised full Council meetings, the Annual Meeting and
Public Forums. It is the responsibility of the attendee to give the Council sufficient notice to
arrange for the accommodation. Sufficient notice is defined as the Council receiving the request
for accommodation at least two (2) calendar weeks prior to the public event.
Notice can be provided either in writing, via email or by phone. The Council will notify the
attendee as to the status of the accommodation.
Section 9. Conflict of Interest
No member of the Council shall cast a vote on any matter that would provide direct financial
benefit to the member or to the organization that he/she represents, or otherwise give the
appearance of a conflict of interest under State law. In matters that present the possibility of a
conflict of interest, Council members are required to self-disclose. The council will ultimately
decide if a conflict of interest exists.
Section 10. Confidentiality
All Council members and Council staff are required to protect the confidentiality of any client
information that is made available while conducting Council business. Disclosure of any
personal client information is hereby prohibited.
Section 11. Compensation and Expenses
The Council will use funds appropriated under this Title to reimburse members of the Council
for reasonable and necessary expenses of attending Council meetings and performing
Council duties. Types of expenses might include but are not limited to child care, personal
assistance services, and transportation.
Reimbursement rates and protocols mirror the Maine State policy for reimbursement of
mileage, hotel accommodations, PCA’s and other expenses.(GSA rates)
In addition, the Council will pay $50 honorariums for those not otherwise compensated for
participation in the regular Council business and committee meetings upon the request of
the Council member or nominee.
All reimbursement is made contingent on the availability of Council funds.
Reasonable and necessary expenses are reviewed by Chairperson, Co Chairperson,
Treasurer and Division Director at the request of the Treasurer.Section 12. Committees
Standing committees will be established by the Council when and if the Council determines
they are necessary. Ad Hoc subcommittees shall be created by the Chairperson for specific
functions and will cease to operate when the need is met. Committee membership shall be
assigned by the Chairperson and are not restricted to Council members. Council members must
serve on at least one standing committee.
Section 13. Executive Committee
The Executive Committee shall be composed of Chairperson, past Chairperson(s), Vice
Chairperson, Treasurer and the Division Director.
The Executive Committee has oversight responsibility in soliciting and nominating candidates to
the Governor for appointment to the Council.
Section 14. Staff to the Council
Should the Council hire an administrative assistant; the administrative assistant will provide full
clerical support for the work of the Council. The administrative assistant works under the
supervision of the Chairperson and shall perform duties stipulated in the job description.
ARTICLE VI- OFFICERS
The Council officers consist of the Chairperson, Co Chairperson , and Treasurer.
Section 1. Duties and Responsibilities
The Chairperson shall preside at all Council meetings. He/she may sign or authorize all letters,
reports and other communications of the Council. He/she is generally responsible for directing
and coordinating the affairs of the Council.
In the absence of the Chairperson, the Co Chairperson shall substitute for and shall have all
the duties and powers of the Chairperson of the Council.
The Treasurer oversees the use of Council funds, authorizes payments submitted by Chair and
administrative assistant, maintains accurate financial records, and recommends budget
changes necessary to remain within the available funding. The Treasurer,with input from the
Executive Committee, prepares an annual budget and a year end financial status report to be
presented to the Council.Section 2. Election and Terms of Office
The officers shall be elected annually at the October meeting by a simple majority vote of the
members present and voting, provided there is a quorum. The officers shall serve for a one (1)
year term. The officers cannot hold the same office for more than three consecutive terms.
Section 3. Removal
Any officer of the Council may be removed by a two-thirds vote of all members sitting on the
Council whenever, in the judgment of the Council, the best interests of the Council would be
served thereby.
Section 4. Vacancy
A vacancy in any office because of death, resignation, illness, removal due to
disqualification or otherwise, shall be filled by the Council through election from existing
membership for the remainder of the unexpired term.
ARTICLE VII- MEETINGS
Section 1. Regular Meetings
The Council shall convene at least four meetings a year in such places as it determines
necessary to conduct Council business. The meetings shall be publicly announced and shall be
open and accessible to the general public. The Council shall keep true and accurate records of
proceedings, and provide minutes and reports to the public on its website.
Section 2. Other Meetings
The Annual Meeting of the Council shall occur each October. Other forums and hearings
shall be convened when necessary to conduct Council business. These public forums and
hearings shall be announced as such and shall be open and accessible to the general public.
The Executive Committee is empowered to conduct Council business between regularly
scheduled meetings when appropriate, or in the absence of a quorum at scheduled Council
meetings.
Section 3. Procedures
Meetings shall be conducted in accordance with Robert’s Rules of Order, Revised.
Robert's Rules of Order Revised
Section 4. Quorum
A quorum is necessary for conducting the formal business of the Council. A quorum
exists when a majority of members with voting rights are in attendance (whether
physically or remotely). A member may request a substitute representative to attend a
meeting, however that substitute would not have voting privileges.
In situations where it is impossible to convene a quorum of the full Council, the
Chairperson or Chair’s designee may request a mail or telephone vote. The outcome of
any voting must be recorded in the minutes of the first succeeding Council meeting.
Remote participation is to be implemented until such time that the Council deems the
need to remove the option by a simple majority vote. The council has enacted the
following requirements:
a. Conference technology must have features that allow participants to be clearly
audible to each other
b. Conference technology must be accessible for participants who are deaf and/or
hard of hearing through TTY and/or video relay services
c. The Chair, or person chairing the meeting, will announce and request
introductions or all remote participants; and
d. All votes taken will be done so by a roll call vote
Prior to meeting, remote participants will be sent all documents electronically.
Section 5. Voting
All appointed members of the Council except Ex-officio members have voting privileges. Only
members present at a scheduled Council meeting may vote. Members participating remotely
will be considered present at the meeting and will be able to vote on all Council matters. A
Council member may not vote by proxy. Absentee voting and/or voting by telephone or email
may be permitted when the Council determines such voting to be necessary to conduct
Council business.
ARTICLE VIII- AMENDMENT TO BY-LAWS
These by-laws may be altered, amended or repealed by a two-thirds vote of the Council
members. Absentee voting or voting by telephone shall be considered a permissible means of
achieving the two-thirds requirement. A copy of the proposed changes and/or amendments
must be mailed, electronically transmitted (email), or hand delivered to Council members at
least(30) days prior to a vote on any proposed changes to the by-laws.
ARTICLE IX - OPERATING YEAR
The Council's operating year shall run concurrent to the Federal Fiscal year from October 1st to
Sept 30th.
Revised
9/21/1995
Revised 4/18/1996
Revised 5/16/1996
Revised
2/15/2007
Revised 2/17/2011
Revised 9/15/2011
Revised
8/16/2012
Revised 1/14/2013
Updated January 2013 - Update Link
Updated January 2026 - Update Link
