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    Bylaws & Appendix A		 Federal Advisory Committee on Juvenile Justice.

Bylaws

Section I: Membership Responsibilities, Terms, Replacement, and Alternates:

Membership in the Federal Advisory Committee on Juvenile Justice ("Committee") includes the responsibility to attend Committee meetings in person or by its functional equivalent (teleconference, videoconference, webcast, etc.) and to contribute to the work of the Committee. The Administrator ("Administrator") of the Office of Juvenile Justice and Delinquency Prevention ("OJJDP") reserves the right to remove any member who is unable to fully participate in Committee meetings and to determine eligibility for renomination, subject to the provisions below. Alternate members may represent the designated Committee member, upon approval of the Administrator.

Members are limited to two two-year terms except as noted in this Section. Beginning January 1, 2007, the terms of the members were staggered in four groups ("classes") to minimize disruption to the Committee's operations. (Refer to Appendix A for an explanation of this process and an historical listing of States and their respective classes.)

Alternates may be nominated to succeed a jurisdiction's primary member, as long as the alternate has not attended two or more meetings in place of the primary member during any one of his or her terms as an alternate. A primary member may not be named an alternate subsequent to having served his or her two terms, regardless of attendance record.

Section II: Member Vacancies:

In the event of a member vacancy caused by resignation, dismissal, incapacity, death, or otherwise, the State Advisory Group from the former incumbent's State will select another from among its members to serve out the remainder of such former incumbent's term. Similarly, in the absence of timely nomination of a member and/or alternate by the Chief Executive Officer of a jurisdiction, that jurisdiction's SAG is to nominate the successor(s) for the vacant member and/or alternate positions from among its membership. Upon acceptance of the nomination by the Administrator, the SAG nominee(s) will serve for the duration of the term.

If the duration of the former incumbent's term exceeds one year from the date of removal, the nominee may serve an additional term beyond the expiration of the former incumbent's term. If the duration of the former incumbent's term is one year or less from the date of removal, the nominee may serve two additional full terms beyond the expiration of the former incumbent's term, consistent with Section 1.

Section III: Meeting Procedures:

Meetings shall be called by the Designated Federal Official (the "DFO") in consultation with the Chair, consistent with the following:

A. Location: The DFO shall select the location of the Committee meetings.

B. Quorum: A majority of the member representatives shall constitute a quorum.

C. Agenda: The agenda for all meetings shall be subject to the approval of the DFO, who shall distribute the approved agenda to the members prior to each meeting and shall publish an outline of the same, with the notice of the meeting, in the Federal Register. Items for the agenda may be suggested to the DFO and/or the Chair by any member of the Committee, and non-members, including members of the public.

D. Minutes and Records: The DFO shall prepare minutes of each meeting and shall distribute copies to each member. Minutes of open meetings shall be available to the public upon request; minutes of closed meetings also shall be available to the public upon request, subject to the withholding of matters exempt from disclosure under the Freedom of Information Act ("FOIA"), 5 U.S.C. ¡× 552, the public disclosure of which would be harmful to the interests of the Government, industry, or others. The minutes shall include a record of the persons present (including names of members, staff, and members of the public from whom written or oral presentations were made) and a complete and accurate description of the matters discussed and conclusions reached, and copies of all reports received, issued, or approved by the Committee. All documents, reports, or other materials prepared by, or for, the Committee constitute official government records and shall be maintained by OJJDP as required by the Federal Advisory Committee Act ("FACA"), 5 U.S.C. App. 2, and its implementing regulation, 41 C.F.R. 102-3.

E. Open Meetings. Unless otherwise determined in advance, all meetings of the full Committee shall be open to the public. Once an open meeting has begun, it shall not be closed for any reason. All materials brought before, or presented to, the Committee during the conduct of an open meeting, including the minutes of the proceedings of an open meeting, shall be available to the public for review or copying at the time of the scheduled meeting.

Members of the public may attend any meeting or portion of a meeting that is not closed to the public and may, at the determination of the DFO, as appropriate, offer oral comment at such meeting. The DFO may decide in advance to exclude oral public comment during a meeting, in which case the meeting notice published in the Federal Register shall state that oral comment from the public is excluded and shall invite written comment as an alternative. Members of the public may submit written statements to the Committee at any time.

F. Closed Meetings: Meetings of the full Committee shall be closed only - (1) in limited circumstances; (2) in accordance with applicable law; and (3) upon approval of the Office of the General Counsel, Office of Justice Programs, not less than 30 days in advance of the session.

Where the DFO has determined in advance that discussions during a Committee meeting will involve matters the public disclosure of which would be harmful to the interests of the Government, industry, or others, an advance notice of a closed meeting, citing the applicable exemptions of the Government in the Sunshine Act, shall be published in the Federal Register. The notice may announce the closing of all or just part of a meeting (as applicable). If, during the course of an open meeting, matters inappropriate for public disclosure should arise during discussions, the DFO or Chair shall order such discussion to cease and shall schedule it for closed session. Notices of closed meetings shall be published in the Federal Register at least 15 calendar days in advance of same.

Section IV: Voting:

As a representative advisory committee, it is assumed that each member of the Committee will have a personal interest in matters that may affect the State they represent. Other than such personal interest, however, any member who has a personal, financial, or organizational interest in any matter to be considered by the Committee shall not participate in any discussion, vote, or other action of the Committee with respect to that matter, and shall be asked to recuse himself from those portions of the meeting until the discussion, vote, or other action concerning that matter has been concluded; any member with such an actual or apparent conflict of interest shall immediately notify the Chair and the DFO in advance of any discussion, voting, or other action undertaken by the Committee on the particular issue or action that creates the conflict.

Section V: Operating Rules:

The administration of the Committee shall be in accordance with the FACA. Otherwise, the rules contained in the current edition of Robert's Rules of Order Newly Revised shall govern the Committee in all cases to which they are applicable and in which they are consistent with the FACA and these.Bylaws.

Section VI: Election of Chairperson and Vice-Chairperson

The Committee Chair and Vice-Chair shall be elected annually from the general Committee membership for one-year terms to take effect January 1. Officeholders are limited to one term (that is, one year) for each elected position.

Election shall be by majority vote of Committee members present at the meeting during which the election is held (so long as a quorum exists for that meeting). Proxy votes may be submitted to the DFO no later than three working days prior to the date of the election. In the event of the Chair's vacancy caused by resignation, dismissal, incapacity, death, expiration of Committee term or otherwise, the Vice-Chair will assume, temporarily, the role of the Chairperson. At the following FACJJ meeting, a new Chair will be elected to serve the balance of the term.

Section VII: Role of Board Officials:

Chair: The Chair shall work with the DFO to establish Committee priorities and to identify issues to be addressed at committee meetings (set agenda), serve as a point of contact for Committee members, and perform the duties prescribed by these Bylaws and by the parliamentary authority adopted by the Committee

Vice-Chair: The Vice-Chair shall preside over Committee meetings in the absence of the Chair, serve as an additional point of contact for Committee members, and perform the duties prescribed by these Bylaws and by the parliamentary authority adopted by the Committee.

Designated Federal Officer: The DFO serves as the government's agent for all matters related to the Committee's activities. As provided by law, the DFO is responsible for: (1) calling (or approving the call of) meetings of the Committee; (2) approving agendas; (3) attending all meetings; (4) adjourning meetings when such adjournment is in the public interest; and (5) chairing meetings of the Committee when so directed by the Administrator. In addition, the DFO is responsible for ensuring the minutes are certified within 90 calendar days of the meeting.

Furthermore, the DFO is responsible for providing adequate staff support to the Committee, including the performance of the following functions: (1) notifying members of the time and place of each meeting; (2) maintaining records of all meetings, including subgroup or working group activities, as required by law; (3) maintaining the roll; (4) preparing the minutes of all meetings of the Committee's deliberations, including subgroup and working group activities as required bv law; (5) attending to official correspondence; (6) maintaining official Committee records and filing all papers and submissions prepared for or by the Committee, including those items generated by subgroups and working groups; (7) acting as the Committee's agent to collect, validate and pay all vouchers for pre-approved expenditures; and (8) preparing and handling all reports, including the annual reports, as required by FACA.

Section VIII: Expenses and Reimbursement:

Expenses related to the operation of the Committee will be borne by OJJDP. Expenditures of any kind must be approved in advance by the DFO.

Section IX: Subcommittees

The creation and operation of subcommittees must be approved by the DFO, who serves as the agent of OJJDP. Each subcommittee may select a spokesman, who shall represent the position of the subcommittee at regular meetings of the full Committee. Per regulations, sub committees reporting to the Chair are not bound by FAC Act recordkeeping and public notice requirements.

Section X: Annual Reports:

As provided in the Charter, the Committee shall prepare two reports, as follows: (1) advice to the Administrator on functions or aspects of the work of OJJDP; and (2) advice to Congress and the President, through the Administrator, regarding State perspectives on the operation of OJJDP and on legislation pertaining to juvenile justice and delinquency prevention ("State of the States"). Both reports shall be due to the office of OJJDP not later than one (1) year after the inaugural meeting of this Committee or as described in the Committee's timetable, and on or before the anniversary date each year thereafter.

Section XI: Media Press Releases:

Any press releases, responses to media inquiries, or responses to FOIA requests, concerning the activities of the Committee shall be prepared by the Office of Justice Programs.

Section XII: Amendments:

These By-Laws may be amended from time to time by the Administrator.

Executed this 15th day of October, 2008, by:

/s/ J. Robert Flores
J. Robert Flores, Administrator
Office of Juvenile Justice and Delinquency Prevention
Office of Justice Programs
U.S. Department of Justice



Appendix A

Class A
  1. Alabama
  2. American Samoa
  3. Arkansas
  4. Colorado
  5. Delaware
  6. Florida
  7. Guam
  8. Idaho
  9. Indiana
  10. Kansas
  11. Louisiana
  12. Maryland
  13. Michigan
  14. Mississippi
 Class C
  1. Montana
  2. Nevada
  3. New Jersey
  4. New York
  5. North Carolina
  6. Ohio
  7. Oregon
  8. Puerto Rico
  9. South Carolina
  10. Tennessee
  11. Utah
  12. Virgin Islands
  13. Washington
  14. Wisconsin
Class B
  1. Alaska
  2. Arizona
  3. California
  4. Connecticut
  5. District of Columbia
  6. Georgia
  7. Hawaii
  8. Illinois
  9. Iowa
  10. Kentucky
  11. Maine
  12. Massachusetts
  13. Minnesota
  14. Missouri
 Class D
  1. Nebraska
  2. New Hampshire
  3. New Mexico
  4. North Mariana Islands
  5. North Dakota
  6. Oklahoma
  7. Pennsylvania
  8. Rhode Island
  9. South Dakota
  10. Texas
  11. Vermont
  12. Virginia
  13. West Virginia
  14. Wyoming

Class A: Current members' terms expire 12/31/06; eligible for renomination to one new term to expire 12/31/08.

Class B: Current members' terms expire 12/31/06; not eligible for renomination. New class may serve up to two terms through 12/31/10.

Class C: Current members' terms expire 12/31/07; eligible for renomination to one new term to expire 12/31/09.

Class D: Current members' terms expire 12/31/07; not eligible for renomination. New class may serve up to two terms through 12/31/11.

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