Charter/Procedures
Environmental
Management Site Specific Advisory Board Website
Site
Specific Advisory Board (SSAB) Charter
NNMCAB
Mission Statement:
To
provide meaningful opportunities for collaborative dialogue among the
diverse multicultural communities of Northern New Mexico, the
Department of Energy (DOE), the Los Alamos National Laboratory (LANL),
and state and federal regulatory agencies. The Board’s
responsibilities include providing advice and recommendations on DOE
EM’s programs regarding environmental restoration, waste management,
monitoring and surveillance, outreach, future land use and long term
environmental stewardship, and associated environmental issues. The
Board requests early ongoing community access to information including
its interpretation and implications facilitating dialogue that
ultimately improves the quality of the decision-making process of DOE
and LANL.
The Board interacts with the DOE to provide advice on matters
within its scope, on behalf of the citizens of Northern New Mexico.
These matters may be raised by Board members, the public, DOE, or
federal, state, or local regulatory agencies. The Board seeks a free
and open two way exchange of information and views between Board
members and the participating agencies. Board members may request
access to independent technical advice, staff, and training. The Board
will remain accountable to the public and DOE and seek to promote
multicultural community involvement.
Description of Scope
A U.S. Department of Energy
Environmental Management Site-Specific Advisory Board, which is a
stakeholder board that provides the Assistant Secretary for
Environmental Management and designees with independent advice,
information, and recommendations on issues affecting the EM program at
various sites. Among those issues are clean-up standards and
environmental restoration; waste management and disposition;
stabilization and disposition of non-stockpile nuclear materials;
excess facilities; future land use and long-term stewardship; risk
assessment and management; and clean-up science and technology
activities at the Los Alamos National Laboratory (LANL).
NNMCAB
Procedures/Bylaws:
Current NNMCAB Bylaws updated September 24, 2008
Northern New Mexico Citizens' Advisory Board BYLAWS I. MISSION The
responsibility of the Environmental Management Site Specific Advisory
Board (EM SSAB) at Northern New Mexico (the Board) is to provide
meaningful opportunities for collaborative dialogue among the diverse
multicultural communities of Northern New Mexico, the Department of
Energy (DOE), the Los Alamos National Laboratory (LANL), and state and
federal regulatory agencies. The Board is chartered under the DOE EM
SSAB. The responsibilities include providing advice and
recommendations on DOE Environmental Management’s (EM) programs on
environmental restoration, waste management, monitoring and
surveillance, outreach, future land use and long term environmental
stewardship, science and technology and associated environmental
issues, including risk management and budget prioritization. The Board
ensures early ongoing community access to information (and its
interpretation and implications) and dialogue that improves the
quality of the decision-making process of DOE and LANL. II. FUNCTIONS,
SCOPE, AND ACCOUNTABILITY A. Functions: At the specific request of EM,
the Board will provide independent advice and recommendations to the
Assistant Secretary for EM and local EM personnel. The Board will
provide advice and recommendations concerning the following EM
site-specific issues: clean-up standards and environmental
restoration; waste management and disposition; stabilization and
disposition of non-stockpile nuclear materials; excess facilities;
future land use and long term stewardship; risk assessment and
management; and clean-up science and technology activities. B. Scope:
The scope of the Board’s duties includes LANL-related aspects of the
above functions including:
Page 1 of 16
Current NNMCAB Bylaws updated September 24, 2008
1. The opportunity for the Board to discuss with DOE their
proposals and plans for such matters at EM facility expansions and
closings, environmental projects, and the impact of environmental
regulations; 2. Any aspect of DOE EM issues related to clean-up
standards and environmental restoration; waste management and
disposition; stabilization of non-stockpile nuclear materials; excess
facilities; future land use and long term stewardship; risk assessment
and management; and clean-up science and technology activities as
stated above. C. Accountability: The Board interacts with the
appropriate DOE decision makers to provide advice on matters with
which it is charged, on behalf of the citizens of Northern New Mexico.
1. The Board seeks a free and open two way exchange of information and
views between Board members and DOE, where all are invited to speak
and to listen. 2. The Board will develop specific operating procedures
and undergo requisite training to ensure that all members will hear
all views and use constructive methods for resolving conflict, making
decisions, and dealing with the differing viewpoints. 3. The Board
will always remain accountable to the public and DOE and seek to
promote multicultural community involvement. The Board will develop
culturally appropriate procedures to ensure public participation in
DOE’s decision making processes. 4. In compliance with the Federal
Advisory Committee Act (FACA), meetings of the full Board will be
published in the Federal Register to provide that at least 15 days
advanced notice of Board meetings. Local DOE Operations, Field, or
Area Offices must ensure that Federal Register notices are sent to HQ
at least 30 calendar days in advance. 5. Board meetings will be held
at regular times in public locations in Northern New Mexico to
encourage maximum public and Board participation. 6. One purpose of
the EM SSAB is to more directly involve stakeholders in EM planning
and decision-making processes. 7. Board members may request access to
independent technical advice, staff, and training. 8. The Board
members will send all requests to the DOE Deputy Designated Federal
Officer (DDFO) to ensure a prompt response. The DDFO is responsible
for tracking DOE responses to requests from the Board and ensuring the
completeness of those responses.
Page 2 of 16
9. The Board and similar boards at other DOE sites are jointly
chartered as the EM SSAB under FACA. The Board is thereby subject to
the requirements of the EM SSAB Charter, FACA (5 U.S.C. App.), and
Federal Advisory Committee Management requirements (41 C.F.R. § 101-6
et seq.). III. MEMBERSHIP CATEGORIES, REQUIREMENTS, & TERMS A.
Membership: The Board is a broadly constituted organization consisting
of a diverse group of people representing the interests and concerns
of Northern New Mexico. 1. The number of Board members will consist of
about twenty-seven (27) members. Membership may fluctuate due to
transition and orientation time of new members. 2. Board members will
represent the stakeholder category within which DOE appointed them.
Membership may include, but are not limited to interested stakeholders
from local government; Tribal nations; environmental, civic, and
religious groups; labor organizations; ethnic minorities; academia;
women’s groups; and other interested individuals. 3. Members serve at
the pleasure of the Assistant Secretary and may be removed at any time
during their tenure. Pursuant to delegated authority, Assistant
Secretary for EM is authorized to appoint and remove EM SSAB members.
4. The Assistant Secretary or senior Environmental Management field
personnel may request that other Federal, State, local entities, or
Tribal organizations name liaisons to the local Board to provide
information and represent their agency’s interests at local Board
meetings. 5. Terms of office will be two years from the date of
official appointment by DOE. A member may serve up to three terms for
a total of six years. B. Vacancies: As soon as a vacancy exists
following completion of a Board members’ term, resignation, or
removal, Board members, members from the Northern New Mexico community
at large, or individuals who work in Northern New Mexico may nominate
someone or themselves to fill the vacancy. Nominees should meet, as
far as possible, the Board’s existing stakeholder balance, diversity
and geographical distribution. The DDFO shall interview nominees and
forward their recommendations to EM for approval. When a vacancy
exists due to resignation or removal of a Board member, the vacancy
shall be filled by interim appointment for the remainder of the
unexpired term in accordance with the DOE-EM Site Specific Advisory
Board Guidance, section III.c.3. C. DOE and Other Liaisons: 1. The
DDFO represents the Department of Energy.
Page 3 of 16
2. The Board may request that DOE appoint one representative and
one alternate from the following agencies to serve as a liaison: a.
The Environmental Protection Agency, Region VI Office; b. The New
Mexico Environment Department; c. Los Alamos National Security, LLC;
d. The Department of Energy, Los Alamos Area Office; e. Management and
operating (M & O) contract employees, sub-contract employees, or other
employees of other entities with the ability to supply information or
expertise. 3. Liaisons participate in Board deliberations but do not
vote. 4. The Board may recommend to DOE that a liaison be removed for
excessive absence. IV. MEMBERSHIP RESPONSIBILITIES A. Board
Commitments: Board members make the following commitments: 1. To
attend regular meetings and receive training; 2. To review and comment
on EM and other documents within their purview that come before the
Board, and submit timely recommendations to EM; 3. To be available for
Committee work between Board meetings, and to participate fully in the
affairs of the Board; 4. To work collaboratively and respectfully with
other Board members and liaisons in the best interests of both the
Board and the public; 5. To represent accurately all matters before
the Board; 6. To handle in a responsible manner information and
materials provided by the agencies, particularly drafts developed for
an agency’s in-house use, that might have significant future revisions
as part of the agency’s working practices; 7. To share any written
communication about or for Board activities with the Board as a whole
and with the DDFO; 8. To act for the Board or as its representative
only with the majority vote of the Board;
Page 4 of 16
9. To serve on at least one Committee or Task Force during any
given six month period as appointed by the Chair; 10. To abide by the
terms and conditions of the EM SSAB charter and these Bylaws; 11.
Members must attend at least 50% of all Full Board meetings. Any
member who fails to attend two (2) full board meetings without an
excused absence, or does not attend a minimum of 50% of the regularly
scheduled meetings in a calendar year (regardless of excused or
unexcused status), shall be removed from the Board. An absence is
excused if notice is provided to the CAB administrative support
personnel prior to the scheduled meeting. This notice of absence must
be provided each month that an excused absence is needed. A member
must attend at least two-thirds of any meeting in order to be
considered present for that meeting. B. Liaisons’ Commitments: The
Board requests that liaisons make the following commitments: 1. To
define and communicate clearly to the Board the respective decision
making processes of the agencies they represent; 2. To provide timely
access to information pertinent to Environmental Management and
associated environmental issues; 3. To inform the Board in a timely
and proactive manner of agency processes, programs, projects, or
activities pertinent to the Board’s mission and purpose. V. BOARD
STRUCTURE A. Chair and Vice Chair: The Board will elect by simple
majority vote, a Chair and Vice Chair, who will ensure that a
diversity of viewpoints are considered in all Board discussions. The
Chair will support the Board in a balanced and unbiased manner,
irrespective of any personal views on a particular issue and see that
all Board members have the opportunity to express their views. 1. The
election for Chair and Vice Chair will be held before September 30th
of each year. The terms of the Chair and Vice Chair will be one year
beginning October 1st. 2. The Chair will develop draft agendas to be
approved by the DDFO. 3. The DDFO will ensure that detailed minutes of
meetings are prepared and duly certified by the Chair within 90
calendar days.
Page 5 of 16
4. The Chair signs the certification of a recommendation that the
Board passes. (See Section VI., Decision Making, A. Major Policy
Recommendations) 5. The Chair assures necessary administrative support
for the committees and task forces, and requests support through the
DDFO. 6. The Chair shall recommend to the DDFO candidates for
positions on task forces and ensure that the membership of the
committees and task forces reflects the diversity of the Board to the
extent practicable. 7. The Chair serves between regular meetings of
the Board as contact for DOE. 8. The Vice Chair serves as Chair in the
absence or incapacity of the Chair. 9. The Chair and Vice Chair will
have other duties as assigned by the Board. 10. In the absence of the
Chair and Vice Chair, the immediate past Chair, if that person still
serves on the Board, shall serve as Chair of the board meeting. In the
absence of the immediate past Chair, the immediate past Vice Chair, if
that person still serves on the Board, shall serve as Chair of the
Board meeting. If none of these persons is present, those Board
members present shall select a chair for the meeting. B. Committees:
The Board will establish its Committees prior to the beginning of each
fiscal year to reflect the Board’s approved work plan for that year.
Each Committee so established will submit before October 1st an annual
work plan for approval by the Board and DOE. C. Other Committees and
Task Forces: The Board may establish ad hoc committees or task forces
as it deems necessary. D. Structures of Standing Committees, Ad-hoc
Committees and Task Forces: 1. Membership on Standing Committees will
be on a volunteer basis, and Board members must serve on at least one
Standing Committee. 2. Standing Committee members may develop
operating procedures consistent with these bylaws. 3. Standing
Committees may not directly submit recommendations to DOE. They are
solely responsible for producing draft proposals or information for
the full Board. Before presenting a recommendation to the Board, the
Standing Committee shall have passed the recommendation by majority
vote of the members attending the meeting.
Page 6 of 16
4. The Standing Committees will meet independently of the Board.
The committee meetings shall be open to the public, held in public
locations and advertised on the CAB website. *(Amendment No. 2, May
22, 2008.) 5. If a written summary of the Standing Committee meetings
is prepared, the chair of the Standing Committee will provide it to
the Board. 6. Election of the Chair for the Standing Committees will
occur annually, or as necessitated by vacancies. Standing committees
may, at their discretion, internally select, elect, appoint, or remove
committee Co-Chair or Vice-Chair (either title bearing the same
intended meaning), from among only the properly appointed Board
members of the Board. Co-Chairs or Vice-Chairs shall serve and act in
the temporary absence of the duly elected committee chairperson. DOE
appointed Standing Committee members shall comprise the majority of
any standing committee of the Board. 7. Committee chairs shall notify
the Board Chair and the DDFO of the selection, election, appointment,
or removal of any standing committee Co-Chair or Vice-Chair. a. Any
Committee may include non-Board members. 8. Non-Board members shall be
allowed to vote in Committee meetings, but shall not hold Committee
leadership positions. 9. Ad-hoc Committees and Task Forces shall be
established by the Board for the purpose of investigating special
topics. The charge to, Board membership of, and chair of the Ad-hoc
Committees and Task Forces shall be established by the Board and
approved by the DDFO. The Board, in consultation with the DDFO, shall
further establish the term of and reporting requirements of each
Ad-hoc Committee and Task Force. 10. Non-Board members of Standing
Committees, Ad-hoc Committees and Task Forces shall be confirmed by
the Committee Chair. The DDFO shall concur in all recommendations for
participation by non-Board members. *(Amendment No. 2, May 22, 2008.)
E. Executive Committee. The Board has an Executive Committee
consisting of: the Board Chair and Vice Chair; and Chairs, Co-Chairs,
or Vice-Chairs of the various Standing Committees established during
the fiscal year. The Executive Committee shall meet at least bimonthly
and may hold other meetings at the call of the Board Chair to consider
matters of importance that may require immediate resolution. The DDFO
and the Executive Director shall serve as ex officio and non-voting
members of the Executive Committee. 1. During the intervals between
Board meetings, decisions involving the daily business operations of
the Board (e.g., recommendations regarding budgets and agendas,
coordinating committee requirements and activities, etc.) shall be
made
Page 7 of 16
by majority vote of the Executive Committee. However, this
Committee shall have no authority to set Board policy or make any
recommendations to the DOE. 2. The Executive Committee shall have no
authority to act for the Board on any motion or recommendation that
affects a decision made by the full Board. Any motion or
recommendation affecting a decision of the Board shall be submitted by
the Executive Committee to the Board for consideration at the next
regularly scheduled Board meeting. 3. Actions on routine general
administrative matters requiring time-critical action by the Executive
Committee may be handled by polling members of the Executive Committee
through any quick means of communication. Decisions will be validated
by the Board Chair and documented in the minutes of the next regularly
scheduled Board meeting. F. Nominating Committee: The Nominating
Committee is an ad hoc committee and shall: 1. Be elected at a regular
Board meeting two months preceding the annual election of officers. 2.
Be composed of NNMCAB members who are not officers. 3. Present a slate
of nominees for Board offices at the meeting preceding the meeting at
which officers are elected. 4. Obtain the consent of all nominees. 5.
Have the option to conduct its meeting(s) in private. 6. Have the
right as individual members to be nominated for any office. G. Work
Sessions: Work sessions are defined as meetings of the Board,
including liaison members, at which official action may not be taken.
They must, however, be formally advertised, to be in compliance with
the Federal Advisory Committee Act. H. Executive Session (Closed
Session): Upon approval of the Secretary of Energy, the Board shall
announce fifteen days in advance of the meeting an Executive Session
for matters concerning litigation or private personnel matters. I.
Removal of Board Officers: Upon recommendation by the Executive
Committee, the DDFO, or a duly authorized motion tendered by a Board
member at a regularly scheduled Board meeting and a two-thirds (2/3)
vote of the Board, the Board may recommend to DOE that an officer of
the Board (Chair, Vice Chair, or Standing Committee Chair, Vice-Chair
or Co-Chair) be removed from office for misconduct or neglect of duty.
Page 8 of 16
J. Replacement of Officers: 1. A Board office vacancy (Chair, Vice
Chair,) that occurs will be announced at a regularly scheduled Board
Meeting. 2. An election to fill a vacancy will be held at the next
regularly scheduled Board meeting after the meeting at which the
vacancy was announced. The person to fill the vacancy will be elected
by simple majority vote of those Board Members present.*(Amendment No.
3, September 24, 2008.) In the event of a vacancy created by removal,
resignation, or abandonment by the Chair or Vice-Chair, the term of
office of any interim replacement election for the Chair or Vice-Chair
shall expire on September 30th and the regularly scheduled annual
election shall be held as provided in Article V, Section A, Number 1.
3. If both the Chair and Vice-Chair become vacant at or near the same
time, then the Board shall, at the meeting at which the vacancy is
announced, elect by majority vote of a quorum of the entire board a
Chair and Vice-Chair to serve for that Board meeting. To prevent delay
in Board work, and in the absence of a timely interim election, the
Executive Committee shall appoint an Acting Chair and Vice Chair (if
needed) from among the voting members of the Executive Committee, to
serve as the Chair or Vice Chair of the Board until the next regularly
scheduled Board meeting. VI. DECISION MAKING A. Major Policy
Recommendations: The Board will operate by consensus in seeking to
determine what advice the Board as a whole wishes to convey to the
DOE. The approval of formal Board recommendations to the DOE shall be
made through the consensus process. In agreeing to operate by
consensus, the Board also agrees that it will try to avoid spending an
inordinate amount of time striving to achieve consensus on any
selected major policy issue at the expense of striving to achieve
consensus on other major policy issues. B. Quorum: A quorum of the
Board and/or any of its Committees shall consist of a majority (51%)
of the members of the Board or Committee. C. Rules of Order: 1. The
current edition of "Robert’s Rules of Order" governs the Board. 2. All
decisions, other than decisions on recommendations and substantive
changes to the Bylaws, are made by simple majority vote of those
members present and voting. 3. Changes to the Bylaws shall require a
two-thirds majority of the Board membership.
Page 9 of 16
D. Requirements for Recommendations to the DOE: The
Board will strive for unanimity. If unanimity is not reached, then
with a quorum present, recommendations shall be approved by a vote of
75 percent of those present and voting. If DOE has requested specific
advice or recommendations and the Board cannot achieve the necessary
vote to pass a recommendation, majority and minority positions shall
be included in the report forwarded to the DOE. *(Amendment No.1,
January 30, 2008.) 1. When an issue comes before the Board, the Chair
may refer the issue to the appropriate Standing Committee or create an
Ad-hoc Committee or Task Force for that issue. The Standing Committee,
ad-hoc Committee or Task Force will report progress to the Board at
the next meeting. 2. Recommendations to be considered by the Board
shall be processed in the following manner: a. The Board member,
Standing Committee, Ad-hoc Committee, or Task Force desiring to
propose a recommendation to the Board shall send the draft
recommendation to Board members by the most expedient method at least
fourteen (14) calendar days prior to the next Board meeting. The draft
recommendation shall be accompanied by a brief statement of the issue
to be considered, the background of the issue, and the purpose and
effect of the recommendation. b. Board members shall provide comments
on the draft recommendation to the Executive Director within seven (7)
calendar days of receipt of the draft recommendation. The Executive
Director shall immediately send each comment to the Board member,
Committee, Ad-hoc Committee, or Task Force proposing the
recommendation. c. The Board member, Committee, Ad-hoc Committee, or
Task Force proposing the recommendation shall endeavor to resolve
comments prior to the next Board meeting, and shall present a revised
draft recommendation to the Board at the next Board meeting. d. The
Board shall consider and may approve the recommendation at the next
Board meeting. 3. Upon passage by the Board, all recommendations will
be signed by the Chair and conveyed to DOE in writing within fifteen
(15) calendar days. 4. The Board requests that DOE provide a timely
response to the Board recommendations. 5. Consideration of
recommendations from other EM SSAB locations or conferences will be
handled in the manner described above
Page 10 of 16
E. Administrative Decision Making: 1. Administrative functions of
the Board may be delegated to the Executive Director or to the Chair.
2. If the Board finds need to review or affirm specific decisions made
under the authority delegated to the Chair or staff Executive
Director, such affirmation will be expressed by a majority vote of the
Board at the next meeting. F. Emergency Polling of the Board: When an
urgent decision must be made by the Board between regular meetings,
the Chair shall call and/or e-mail all members of the Board. Board
members must be given full information about the issue to be decided
and sufficient time to share opinions before the final decision is
given. A quorum of the Board must respond. The emergency decision must
be presented at the next Board meeting for ratification and official
reporting in the minutes. *(Amendment No. 4, September 24, 2008.) VII.
ROLE OF THE FACILITATOR A professional facilitator may be hired, with
the approval of the DDFO, to help the Board organize its work; prepare
an agenda based on consultations with the Board and the Chair;
facilitate the Board meetings, and work with the staff to prepare the
minutes of the meetings. VIII. CONDUCT AND FORMAT OF MEETINGS A.
Meeting Format: 1. Public notices will be printed in the Federal
Register at least fifteen (15) days before the meeting. Further
announcements may be made on the radio and in local newspapers. 2. The
Board will meet as needed, with the length of meetings determined by
the agenda. 3. The Board will submit its agenda for the approval of
the DDFO. In preparing the agenda, the Board reviews its work plan
and, if appropriate, obtains input from its members and committees. 4.
Meetings will be open to the public; a section of the meeting room
will be set aside for observers, and public comment will be provided
at appropriate times during a meeting.
Page 11 of 16
a. There will be a fixed agenda time for public comment. A non-recused
Board member may not address the Board during the time set aside for
public comment. The public comment period may be extended by the Chair
or by simple majority vote of the Board members in attendance. b. If
required, at the discretion of the Chair, the fixed time will be
divided equally among the members of the public who request to speak.
c. Before a decision on a recommendation is made, the Chair may invite
members of the public to offer their input. The Board will determine
and announce in advance how much time they will allocate for public
input. d. Members of the public may offer their comments in writing
and give them to the Chair and the DDFO. e. Time will be set aside for
Board member comments during each meeting. 5. Any meeting will be set
up in terms of both the physical arrangements and the agenda to
facilitate hearing and discussion; 6. Minutes of the meetings will be
kept by an individual designated by the Chair, distributed to the
Board members for their review, certified, and then made available to
the public. Each meeting agenda will include the opportunity for
members to make revisions to the minutes of the previous meetings 7.
The DDFO must ensure that the Chair certify the minutes within 90
calendar days of the meeting to which they relate. In the absence of
the Chair or Vice Chair, the DDFO must make such certification. 8. Any
product of the Board such as policies, positions, reports, advice or
recommendations given to DOE must be reviewed by the Board in final
distribution form before distribution and being placed in the DOE
public reading rooms and any other places deemed appropriate. B.
Conduct of Meetings: 1. The Board may utilize a neutral third party
facilitator to assist it in accomplishing its mission; in all
instances the facilitator will operate in a completely neutral,
balanced, and fair manner; 2. Board members will show respect to each
other and the public. IX. BUDGET A. Authority: The DDFO retains fiscal
responsibility for the Board. The Board may provide a proposal to the
DDFO. Funding amounts will be determined yearly based
Page 12 of 16
on the Board’s approved work plan and availability of funds. The
DDFO may assign the Executive Director as the fiscal agent, if
acceptable to DOE. B. Compensation: Board members will serve without
compensation, but they will arrange for reimbursement for direct
expenses related to the work of the Board and meeting attendance. C.
Travel Expense: Board, committee, and task force members are required
to follow applicable federal travel regulations. All travel expenses
must be submitted to the DDFO for reimbursement according to Federal
guidelines. X. EVALUATION The Chair shall appoint a committee of
members to conduct an annual evaluation to assess how adequately it is
representing stakeholder interests and meeting the needs of the
public. The Board will also evaluate the responsiveness of DOE. The
Board will help develop the criteria for the evaluation. After Board
approval, but no later than December 31st, the report will be
submitted to DOE. XI. CONFLICT OF INTEREST A. Definition: Board
members are prohibited from personally and substantially participating
as a Board member in any particular matter in which the Board member
or the Board member’s spouse, minor child, general partner, or
employee has a financial interest. This restriction also applies if
the Board member is negotiating or has any arrangement concerning
prospective employment with any person or organization that has a
financial interest in any particular matter before the Board. B.
Enforcement of Conflict of Interest Policy: Questions concerning
conflict of interest shall be referred to the DDFO, who will seek the
advice of legal counsel, for resolution. C. Recusal: If a Board member
is aware of a conflict of interest, as defined above, the member shall
immediately inform the DDFO and the Board of the interest and shall
refrain from participating in discussions and recommendations in which
a conflict or potential for conflict of interest exists. D. Principles
of Conduct: Board members shall abide by the following conflict of
interest principles: 1. Members shall refrain from any use of their
membership, which is or gives the appearance of being motivated, by
the desire for private gain for the member or anyone else;
Page 13 of 16
2. Members shall not use, either directly or indirectly for private
gain, any inside information obtained as a result of Board or
Committee service; 3. Members shall not use their positions in any way
to coerce, or give the appearance of coercing, another person to
provide a financial benefit to the member or any person with whom the
member has family, business, or financial ties; 4. Members shall not
knowingly receive or solicit from persons having business with the DOE
anything of value as a gift, gratuity, loan, or favor while serving on
the Board or in connection with such service. a. Exceptions: Members
may receive an unsolicited gift from persons having business with or
an interest in DOE only if: 1. The gift has an aggregate market value
of $20 or less per occasion, provided that the aggregate market value
of the individual gift received from any one person under the
authority of this paragraph shall not exceed $50 in a calendar year;
2. The gift is motivated by a family relationship or personal
friendship rather than a member’s position; and 3. The gift results
from the business or employment relationship of a member’s spouse or
the outside business or employment activities of a member when it is
clear that such gifts are not enhanced because of the member’s
position. XII. AMENDING THE BYLAWS A. Policy: The Board shall have the
power to alter, amend, and repeal these bylaws in ways consistent with
the Amended Charter of the EM SSAB, EM SSAB Guidance and other
applicable laws, regulations and guidelines. Any member of the public,
the Board, or one of the Agencies may propose an amendment to the
bylaws. However, to be considered by this Board the proposed amendment
must be sponsored by a Board member. The Board may consider and take
action on the amendment to the bylaws at the meeting following the
introduction of the proposed amendment. Amendments require the
affirmative vote of two-thirds majority of the membership of the
Board. All amendments to these operating procedures must be approved
by the DDFO in consultation with the Office of General Counsel. B.
Absentee Voting for Amending the Bylaws:
Page 14 of 16
1. A vote to amend these bylaws may be cast by a Board Member by
Absentee Ballot at any regularly scheduled meeting of the Board at
which a vote to amend these Bylaws is an agenda item. 2. Each Board
member shall be entitled to vote in person or by an absentee ballot
duly submitted in writing, or by electronic means, signed or
electronically annotated and dated by such member. The staff shall
prepare and make available on request suitable absentee ballots for
use in voting on amendments to these Bylaws. 3. To be valid, an
absentee ballot shall be executed by the Board Member (see 2. above)
and submitted to the Board’s offices, Executive Director, or Chair not
later than 12:00 noon on the day prior to the date of the regularly
scheduled Board meeting at which the vote is an agenda item. 4. In the
event an absentee ballot cannot be properly filed and a two-thirds
quorum is not possible, then absentee members may be contacted to
participate by teleconference, provided that all similarly constrained
absent members are given the same opportunity. C. Absentee Voting
Prohibition: Except as provided in Section XII.B. above, nothing in
this section shall be construed to permit or authorize absentee voting
by any Board member on any other Board or committee action. XIII.
ADOPTION OF THE BYLAWS These bylaws will be effective upon the
affirmative vote of a two-third majority of the Board membership,
execution by the Chair, review and approval by DOE’s Office of the
General Counsel, and the approval of DOE. All previous bylaws are
hereby rescinded. XIV. SUBORDINATION AND SEVERABILITY OF THE BYLAWS If
a conflict arises with respect to any provision of these Bylaws,
Federal law or regulation shall control. In the event that any
provision of these operating procedures is invalid, such invalidity
shall not affect the remaining provisions that shall continue in full
force and effect.
Page 15 of 16
Current NNMCAB Bylaws updated September 24, 2008
Bylaws, Adopted July 25, 2007. 1. Amendment No. 1 adopted on
January 30, 2008. 2. Amendment No. 2 adopted on May 22, 2008. 3.
Amendment No. 3 adopted on September 24, 2008. 4. Amendment No. 4
adopted on September 24, 2008.
Page 16 of 16
Federal
Advisory Committee Act:
STATEMENT OF G. MARTIN WAGNER
ASSOCIATE ADMINISTRATOR
OFFICE OF GOVERNMENTWIDE POLICY
GENERAL SERVICES ADMINISTRATION
BEFORE THE
SUBCOMMITTEE ON GOVERNMENT MANAGEMENT, INFORMATION AND TECHNOLOGY
COMMITTEE ON GOVERNMENT REFORM AND OVERSIGHT
UNITED STATES HOUSE OF REPRESENTATIVES
JULY 14, 1998
Mr. Chairman, Mr. Ranking Member, Members of the
Subcommittee, I am pleased to discuss with you today the effectiveness
of the Federal Advisory Committee Act (FACA), and GSA's role in
achieving the Act's goals. I will also review our plans to address the
General Accounting Office's (GAO) specific recommendations in its
recent reports. Accompanying me today is James L. Dean, Director of
the Committee Management Secretariat, established by section 7(a) of
FACA, and Dr. Kennett Fussell, who is present to provide a brief
demonstration of GSA's Internet-based committee reporting system.
Mr. Chairman, during previous testimony before this
Subcommittee, I had the occasion to discuss the Act's relationship to
Federal information policy and, most recently, how GSA and the
agencies manage the responsibilities the Act gives them. In the
interest of time, I will not repeat that information and will instead
focus on the specific issues before us today.
TWENTY-FIFTH ANNIVERSARY OF FACA
As FACA enters its second quarter-century during
fiscal year 1998, it is appropriate and important to examine
opportunities for strengthening the Act's role in encouraging and
promoting effective collaboration. Congress passed FACA in 1972 amidst
concerns relating to the number and costs of advisory committees, as
well as the lack of adequate means for ensuring their accountability
to the public. Stated simply, Congress designed the Act to illuminate
how agencies made decisions based on advice and recommendations from
individuals outside of Government. Since 1972, the Act's coverage has
been extended to more than 3,900 advisory committees made up of an
estimated 516,000 members. Total costs to support these efforts from
1972 to 1997 were $3.6 billion in 1997 constant dollars. Today,
advisory committee members contribute between 150,000 and 200,000 days
per year through service on 903 advisory committees covering a diverse
range of issues (Charts I and II).
The environment within which the Act operates has
changed dramatically since 1972. During the 1990's, the Executive
branch expanded the use of advisory committees by obtaining greater
direct participation from local communities, State and tribal
governments. This shift contrasts with earlier approaches that
emphasized decision-making at the national level.
FACA TRENDS
Mr. Chairman, you requested that our testimony address
the extent to which the Act's primary goals of cost effectiveness and
openness have been achieved.
There are several significant factors that have
influenced total government wide costs associated with operating
advisory committees, only one of which is whether the committee
meeting is open to the public. For example:
Visonary committees have become an integral part of the
basic business processes used by some agencies to accomplish their
statutory missions. The National Institutes of Health (NIH), the Food
and Drug Administration (FDA), the National Science Foundation (NSF)
and the National Endowment for the Arts (NEA) sponsor committees that
perform critical functions in satisfying procedural and administrative
protocols, while also providing advice and recommendations. Advisory
committees have largely become institutionalized within these agencies
for these reasons.
Visionary committees have become the preferred
tools for addressing significant national issues. Committees have been
formed to respond to such emergencies as the Space Shuttle Challenger
and Three-Mile Island accidents and, most recently, to evaluate issues
related to aviation and information security. Costs associated with
such committees vary greatly and may directly influence the growth in government wide expenditures during a given year.
Federal
agencies are increasingly using Advisory committees in the Field. As
part of the Administration's initiatives to improve customer service
and increase the public's participation in Federal decisions affecting
local communities, agencies are establishing more advisory committees.
Such committees are addressing a diverse range of issues, including
those related to ecosystem management and restoration of
environmentally contaminated facilities.
Accordingly, trends relating to FACA-related
expenditures and public access to committee meetings must be viewed
within the context of the contemporary use of advisory committees.
?SCAL YEAR 1997 ADVISORY COMMITTEE COSTS
During fiscal year 1997, 57 Federal Departments and
agencies sponsored 963 advisory committees. A total of 36,586
individuals served as committee members; 5,698 meetings were held; and
1,101 reports were issued. Related expenditures of $178 million were
necessary to fund such costs as compensation of committee members,
reimbursement for travel and per diem expenses, Federal member and
staff support expenditures, consulting fees, and administrative
overhead. Approximately $83.4 million, or 47 percent of all costs
associated with supporting advisory committees during the year, were
the result of indirect expenditures for Federal staff support and
Federal member participation (Chart III).
A number of other committee costs, however, involve
direct outlays by agencies. For example, Federal agencies spent $40.3
million in fiscal year 1997 to cover travel and per diem expenses for
non-Federal committee members and staff. Committees then use GSA's
Government travel discount programs to minimize their travel costs.
Terminating unnecessary or inactive committees also
reduces costs. During the reporting period, 60 committees were
terminated. Sponsoring agencies have identified another 98 committees
for termination during fiscal year 1998, with associated combined
savings of $4 million.
Compared with total expenses of $148.5 million during
the previous year, total costs incurred during fiscal year 1997, or
$178 million, reflect a 19.8 percent increase in resources dedicated
for this purpose. However, the average nominal cost per committee
meeting increased only slightly by 5 percent, from $29,656 during
fiscal year 1996 to $31,239 in fiscal year 1997. In real terms (using
1997 constant dollars), overall costs increased by 17.3 percent and
the average cost per committee meeting increased by only 3 percent.
ADVISORY COMMITTEE COST TRENDS
GSA evaluated advisory committee cost trends from
fiscal year 1988 to fiscal year 1997, the same period that GAO
reviewed. During that period, governmentwide costs have increased in
real terms from $121.6 million to $178 million (Chart IV), or 46.4
percent. At the same time, however, the average cost to support each
advisory committee member has declined in real terms from $5,727 in
fiscal year 1988 to $4,866 during fiscal year 1997, for a net decrease
of 15 percent (Chart V).
Similarly, the average real cost to fund advisory
committee meetings has declined from $34,584 during fiscal year 1988
to $31,239 in fiscal year 1997, for a net decrease of 10 percent. The
average number of committee meetings has increased from 3.5 per
committee to 5.9 per committee during the same period, for a net
increase of 69 percent.
A significant factor in the increased overall rate of
expenditures for advisory committees governmentwide is a result of
substantial levels of committee activity sponsored by the Department
of Health and Human Services (HHS). From fiscal year 1988 to fiscal
year 1997, HHS' costs have increased in real terms from $49.5 million
to $81.1 million, for a net growth rate of 63.8 percent. During the
same period, costs for all other agencies increased in real terms from
$82.1 million to $96.9 million, or 18 percent. From 1988 to 1997, the
number of advisory committee members sponsored by HHS increased from
5,147 to 14, 860 (Chart VI).
ADVISORY COMMITTEE PUBLIC ACCESS TRENDS
During fiscal year 1997, 5,698 advisory committee
meetings were held. Of that number, 2,765, or 48.5 percent of the
total, were open or partially open to the public. However, agencies
such as the Departments of Defense (DOD) and Health and Human Services
(HHS), and the National Science Foundation (NSF) scheduled a
significant number of closed meetings. Taken together, the number of
such meetings conducted by these three agencies represented 92 percent
of all closed meetings held during fiscal year 1997 (Chart VII).
Excluding the large number of meetings that DOD, HHS and NSF must keep
closed, 89 percent of the remaining agencies' advisory committee
meetings are directly accessible to the public.
Sessions may be closed or partially open to the public
based upon provisions of the Government in the Sunshine Act. Examples
of meetings which may be closed or partially closed include those
involving discussions of classified information; reviews of
proprietary data submitted in support of Federal grant applications;
and deliberations involving consideration of information that impacts
individuals' personal privacy.
Since 1988, the proportion of advisory committee
meetings scheduled by DOD, HHS and NSF that are directly open to the
public has declined from 85.2 percent to 25.2 percent during fiscal
year 1997. At the same time, however, the proportion of meetings
scheduled by the remaining agencies that are open to the public has
increased from 70.5 percent during fiscal year 1988 to 89 percent
during fiscal year 1997.
The total number of committee meetings held during
fiscal year 1997, or 5,698, marked a 14 percent increase in activity
compared with the previous year's total of 5,008. The average number
of meetings per committee held during the year was 5.9, reflecting an
18 percent increase over the previous year's average of 5.0.
GAO RECOMMENDATIONS
Mr. Chairman, the GAO has just concluded a yearlong
examination of GSA's efforts to implement its specific procedural
responsibilities under the Act. We have welcomed the opportunity to
work with the GAO on this effort and believe we are taking the right
steps to address its recommendations. Since we have already provided
detailed comments on both the final report and GAO's survey of
advisory committee members and Federal Committee Management Officers (CMOs),
I respectfully request that these comments be inserted into the
record.
I would, however, like to briefly cover two important
developments that have taken place since the GAO completed its
assignment. First, GSA has completed a final draft of its revised
regulations that implement FACA. GSA will soon send the new Proposed
Rule to the Office of Management and Budget (OMB) for review. It
addresses GAO's conclusion that GSA has not ensured that follow-up
reports to Congress on public Presidential advisory committee
recommendations were prepared by sponsoring agencies as required by
section 6(b) of the Act. The Proposed Rule specifically provides for
the inclusion of 6(b) follow-up responsibilities within the charters
of Presidential advisory committees. GSA will record this information
in its database to ensure compliance with section 6(b). The Proposed
Rule will also restructure the process used by agencies to fulfill the
requirement for consultation with the Secretariat regarding proposals
for new discretionary advisory committees. These changes will improve
procedural compliance with the Act by further standardizing GSA's
business processes.
Second, the Secretariat has launched the second
version of its new Internet-based reporting system which serves as the
centerpiece of its efforts to assist Federal agencies in providing
annual data required by FACA. The Secretariat, during fiscal year
1998, added features to allow CMOs, Designated Federal Officers (DFOs),
and support staff to contemporaneously add data on committee costs,
meetings, and subcommittee activities. These features will eliminate
the need to prepare all required materials at the end of the fiscal
year and will, accordingly, reduce the time required to complete the
Annual Report of the President on Federal Advisory Committees.
FACA AMENDMENTS OF 1997
Mr. Chairman, you asked us to address the status of
actions to implement the Federal Advisory Committee Act Amendments of
1997 (Public Law 105-153; December 17, 1997). The Act specifies that
GSA may issue regulations to effect its requirements (section 2(c))
and that GSA must prepare a report covering the Act's implementation
by December 16, 1998 (section 3).
The Director of the Committee Management Secretariat
has met several times with senior representatives of the National
Academy of Sciences (NAS) and the National Academy of Public
Administration (NAPA) since our last appearance before the
Subcommittee on November 5, 1997. Both Academies have established
internal procedures and controls for certifying compliance with
relevant portions of FACA's section 15 and are providing information
to the public relating to their committee's activities and membership
via the Internet.
GSA and the Academies have agreed to exercise the
option contained in section 3 of the Amendments that permits the
development of government wide regulations. GSA believes that the
inclusion of new section 15's requirements within its revised
regulations is essential in achieving maximum compliance with the Act.
In addition, it is necessary for CMOs government wide to understand how
to conduct business with the Academies should they be called upon for
advice.
GSA will continue to conduct a dialogue with NAS and
NAPA in order to fulfill its reporting obligations to the Congress.
Mr. Chairman, Members of the Subcommittee, that
concludes my prepared statement. I would be pleased to answer any
questions you may have.
(Additional items coming soon to this section)
Operating Procedures
GSA Regulations
Advisory Committee
Management Program Manual
Ground Rules
Northern New Mexico Citizens' Advisory Board
1660 Old Pecos Trail, Ste B
Santa Fe, New Mexico 87505
(800) 218-5942
(505) 989-1662
(505) 989-1752 fax
e-mail NNMCAB
|
**NNMCAB Logos and Photographs by Lorelei Novak**Last
Modified: May 17, 2010
|
