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By-Laws of the Oak Ridge Reservation Health Effects
Subcommittee
ADOPTED 3/20/01
Article I. Name
-
The name of the Organization shall be the Oak Ridge Reservation Health
Effects Subcommittee, hereinafter known as the subcommittee and by
the acronym, ORRHES.
Article II. Enabling Laws and Regulations
- This subcommittee has been formed by the Agency for Toxic Substances
and Disease Registry (ATSDR) and the Centers for Disease Control and
Prevention (CDC) under the authority of the Federal Advisory Committee
Act (FACA) (Public Law 92-463 of 1972) as a subcommittee of the Citizens
Advisory Committee on Public Health Service Activities and Research
at DOE Sites. The subcommittee is first and foremost bound by the rules
that govern federal advisory committees under this act and the subsequent
regulations on administrative guidelines and management controls developed
and implemented by the General Services Administration (GSA) Committee
Management Secretariat on December 2, 1987 (41 CFR Part 101-6). The
subcommittee is based on a Memorandum of Understanding (MOU) between
the Department of Energy and the Department of Health and Human Services
(DHHS). It is therefore subject to all the rules and regulations expressed
in the above documents and other regulations established by ATSDR and
CDC, which are the responsible agencies. Copies and summaries of pertinent
documents as distributed by ATSDR and CDC are included in these by-laws
by reference. All by-laws that derive from either FACA requirements,
GSA rules, DHHS guidelines, or the subcommittee's charter are flagged
by an asterisk and may not be amended. Appendix A of this document includes
background information on the history, purposes, structure and processes
of the ORRHES on which these by-laws are based and should be used for
interpretation.
- Subject to the legal constraints, ORRHES issues recommendations that
are independent of ATSDR and CDC.*
- The FACA regulations require a Designated Federal Official (DFO) charged
with oversight and administrative duties.*
Article III. Objectives
1. Providing Advice and Recommendations to ATSDR and CDC
The purpose of the Oak Ridge Reservation Health Effects Subcommittee
is to provide advice and recommendations concerning public health activities
and research conducted by the Agency for Toxic Substances and Disease
Registry and the Centers for Disease Control and Prevention at the Oak
Ridge Reservation Department of Energy site.* The advice and recommendations
shall be submitted to the administrator of the Agency for Toxic Substances
and Disease Registry (ATSDR), who is also the director of the Centers
for Disease Control and Prevention.* The subcommittee's recommendations
relate specifically to activities of ATSDR and CDC. Recommendations on
activities of any other federal, state, or local agency are not within
the scope of the subcommittee's charter.*
The subcommittee shall review all relevant previous studies and investigations
in a step-by-step process in order to provide advice on the selection,
design, scope, prioritization, and adequacy of ATSDR's public health activities
for the Oak Ridge Reservation. Specifically, the subcommittee shall:
- Help prioritize public health issues and community concerns to be
evaluated.
- Provide input in developing ATSDR's public health assessment and community
needs assessment for the Oak Ridge Reservation site.
- Provide input into follow-up public health activities.
- Provide an opportunity for citizens to collaborate with agency staff
members and learn more about the public health assessment process and
other public health activities.
ATSDR is committed to engaging the Oak Ridge community as partners in
conceptualizing, planning, and implementing public health activities at
the site, and in communicating and discussing results and determining
appropriate follow-up actions. The Oak Ridge Reservation Health Effects
Subcommittee shall provide a forum for coordination of these activities.
2. ATSDR Public Health Assessment
The subcommittee shall provide advice to ATSDR in its public health assessment
for the Oak Ridge Reservation starting in the year 2000. The assessment,
for which the subcommittee will provide recommendations, has two main
purposes:
- To determine how releases of hazardous substances from the reservation
may have affected public health in communities around the sites.
- To decide what further public health activities or actions should
be conducted.
ATSDR shall conduct the following activities as a part of the public
health assessment:
- Identify and characterize both current and past exposures of off-site
populations to radiologic and chemical contaminants.
- Identify populations exposed at levels of health concern.
- Address community health concerns.
- Recommend follow-up public health actions or studies.
3. Community Needs Assessment
The subcommittee shall provide advice to ATSDR in its community needs
assessment starting in the year 2000. This assessment, for which the subcommittee
will provide recommendations, will identify the health concerns of residents
near the Oak Ridge Reservation. The needs assessment involves collecting
data on community demographics, health concerns, health education needs,
and available health resources. ATSDR will collect this information by
reviewing existing documents, reports, and surveys; interviewing community
members, health officials, and health care providers; and conducting community
focus groups. The community needs assessment will provide the basis for
developing and implementing a community health education program to assist
community members and health care providers in understanding, preventing,
and mitigating the potential health effects of exposure to hazardous substances
from the Oak Ridge Reservation site.
4. Processing of On-Site Health Concerns
Any on-site health concerns which are received by the subcommittee shall
be documented and forwarded to ATSDR to be sent to the appropriate federal
agency at ATSDR's discretion.
Article IV. Membership
- As required under FACA, membership was appointed by ATSDR and CDC
based on the requirements that members must be balanced in terms of
their affiliations and the functions to be performed by the subcommittee,
and that the subcommittee should have equitable geographic, ethnic,
and gender representation.* The ORRHES may nominate members for consideration
by ATSDR and CDC. The members serve four-year terms at the pleasure
of the ATSDR and CDC.*
- Membership in the ORRHES work groups is open to the public.
- Representatives of Federal or State Agencies designated by ATSDR and
CDC may be Liaison Members with full rights of discussion but without
voting rights.
- Federal or State Agencies, designated as Observers by ATSDR and CDC,
may participate in subcommittee discussions as needed.
- Nonmembers may be granted the privilege of full participation (except
voting) in the discussion germane to the topic by a simple majority
vote of the subcommittee.
- Subcommittee members are encouraged to interact with interested individuals
and groups in the Oak Ridge area to understand their interests and viewpoints.
- When speaking to the media and other individuals outside the subcommittee,
members should speak only for themselves and shall refrain from attributing
statements or positions to other participants or speculating about the
opinions or recommendations of the subcommittee that are not fully formulated
or still in process. Members may discuss decisions or recommendations
the subcommittee has formally adopted. If a member notices an article
or report appears that misquotes or inaccurately represents an individual,
the members shall inform the subcommittee chair as soon as possible.
- As required under FACA, members shall notify the DFO immediately of
any actual or potential personal conflict of interest that may arise
regarding any portion of the subcommittee's agenda or business.*
Article V. Officers and Administrator
- The chair is the sole officer of the subcommittee.*
- As required under FACA, the chair shall be appointed by ATSDR and
CDC.*
- As required under FACA, an employee of ATSDR shall serve as the Designated
Federal Official (DFO) and shall be the official ATSDR contact for the
subcommittee.* (The DFO is not a member of the subcommittee.)
Article VI. The Chair
- As required under FACA, the chair shall work with the DFO and subcommittee
input to help determine dates and locations for meetings.
- The chair shall facilitate all subcommittee meetings* and shall follow
these guidelines:
- Keep meetings focused on the agenda and within the allocated time
frame for each agenda item.
- Ensure that procedural guidelines are followed and that an atmosphere
of mutual respect is maintained.
- Provide opportunities for open exchange of information, concerns,
and viewpoints.
- Encourage members to communicate their knowledge, ideas, and views.
- The chair shall encourage members to understand the various interests
and positions expressed, so that they can forge common ground and achieve
consensus.
- The chair shall ensure that all decisions, recommendations, and points
of agreement and consensus are clearly articulated so that they can
be understood by all members.
- As required under FACA, the chair shall forward the subcommittee's
recommendations and action items to the DFO.*
- The chair shall select the chair for each work group.
- The chair shall generally serve as a liaison between any work groups
and DFO, including notifying the DFO of the dates, times, and locations
of work group meetings and keeping the DFO informed about work group
progress.
- As required under FACA, the chair shall certify the minutes of each
subcommittee meeting.*
Article VII. The Designated Federal Official
- The DFO shall supervise the day-to-day operations of the subcommittee.*
- The DFO shall provide direction, control, and assistance to ensure
that the subcommittee operates as required under federal law and in
accordance with good management practices.*
- The DFO shall ensure that the subcommittee fulfills its mission as
described in its charter.*
- The DFO shall call or approve the calling of subcommittee meetings,
as required under FACA.*
- The DFO shall publicly announce the meetings in the Federal Register
and other appropriate venues.*
- The DFO shall approve the agenda for each meeting, as required by
FACA.*
- The DFO shall attend each subcommittee meeting.* The DFO shall ensure
that a full-time employee of the Department of Health and Human Services
attends each work group meeting.
- The DFO shall make all subcommittee meetings open to the public and
provide opportunities for public participation.*
- The DFO shall ensure preparation of materials by ATSDR and CDC for
consideration by the subcommittee.
- The DFO shall provide each subcommittee member with copies of all
written statements submitted by interested individuals.*
- The DFO shall maintain all committee records required by statute and
dispose of committee records according to statutes.*
- The DFO shall ensure orientation of new members and provide annual
ethics training.*
- The DFO shall take appropriate action to resolve any conflict-of-interest
issues for subcommittee members.*
- The DFO shall prepare reports on special government employees, including
the annual ethics report.*
- The DFO shall adjourn any meeting when adjournment is in the public
interest.*
Article VIII.Administration
The administrative functions of the subcommittee are provided by the
DFO and ATSDR and CDC staff.* This includes approval of agendas, creation
and retention of minutes, and other functions normally required by a FACA
subcommittee including those of secretary.*
Article IX.Work Groups
- The subcommittee may establish work groups for a specific purpose
(such as the in-depth exploration of issues or the development of strawman
recommendations or other products for deliberation by the subcommittee).
Work groups shall not be used to avoid compliance with the procedural
requirements of FACA; therefore, work groups shall be utilized to research
and provide input on specific issues on a short-term basis.*
- The subcommittee shall develop a statement of work or purpose and
goals statement for each work group. Once the work group has fulfilled
its purpose, the subcommittee shall determine whether to continue or
disband the group.
- Recommendations from work groups shall be made to the subcommittee
(not to ATSDR or CDC).* All recommendations by a work group shall be
fully deliberated by the subcommittee in open session.* Final recommendations
and advice to ATSDR and CDC shall come from the subcommittee and not
from the work groups.*
- The work groups shall include the Guidelines and Procedures Work Group,
the Agenda Work Group, and the Communications and Outreach Work Group.
- The chair shall appoint all work group chairs, and the chair shall
be an ex officio member of all work groups.
- The Agenda Work Group, in cooperation with the chair and the DFO,
shall establish and update the Program of Work (i.e., the long-term
plan of the subcommittee), and shall assist the chair in establishing
meeting agendas. The final agenda shall be subject to the approval of
the DFO.
- Work Group meetings shall be held, at the discretion of the work group
chair and membership, or at the instruction of the subcommittee or subcommittee
chair. The work group chair shall notify the subcommittee chair in advance
about the date, time, and location for work group meetings.
- Work groups should strive to provide advance notice of work group
meetings to the public whenever possible.
- All work group meetings shall be open to the public, and the public
shall be permitted free participation as members of the work group.
- Work group meetings may be held by teleconference.
- A quorum at work group meetings shall consist of two subcommittee
members present in person.
- The DFO or a full-time employee of the Department of Health and Human
Services must be present at all work group meetings either in person
or by conference call.
- During work group meetings, all participants shall adhere to all rules
of conduct and decorum that govern participants in subcommittee meetings
as laid out in these by-laws.
- Subcommittee members who are absent in person or by conference phone
from three consecutive Work Group meetings and do not provide advance
notification of their absence to the Work Group Chair, shall have their
names removed from the roster of the Work Group. The member may be reinstated
after providing notification to the Work Group Chair, prior to the next
Work Group meeting, of their intention to rejoin the Work Group.
Article X. Subcommittee Meetings
- All subcommittee business shall take place at meetings or conference
calls (i.e., not by e-mail).* All subcommittee meetings and conference
calls shall be open to the public as observers.* They shall be invited
and shall have opportunity to participate at appropriate public comment
periods.*
- All meetings shall be held under Robert's Rules of Order Newly Revised
unless otherwise provided for in these by-laws.
- Members who wish to speak during discussions shall signal the chair
by tipping their placard up, and shall only speak when recognized by
the chair. The chair will call on members in the order in which the
placards were raised, with preference for members who have not yet spoken
on the topic. When called on by the chair, subcommittee members may
not yield their time to an observer.
- Subcommittee members shall maintain an atmosphere of civility and
respect at all times and shall refrain from personal attack.
- The organization shall seek positions that are acceptable to as large
a majority of the members as possible, and the expression of minority
opinion shall be permitted in all work group and subcommittee reports.
- All major recommendations to ATSDR require a 2/3 vote of the members
voting at the meeting.
- Process for Adopting Formal Health-related Recommendations
This section specifies the method for reaching a consensus on a major
formal health-related recommendation to be forwarded to ATSDR and CDC.
Consensus is defined as the maximum possible support for a position
but not less than 2/3 of the members voting.
- Step 1: Initiate Recommendation. A formal recommendation may be
proposed by an individual member or a work group. The recommendations
with supporting documents shall be distributed to the subcommittee
in writing at least 14 days before the scheduled meeting. The agenda
work group should be requested to assign an agenda position for
discussion.
- Step 2: Ensure Clarification. The chair ensures that the subcommittee
members are informed as to the history and intent of the recommendation
and have opportunity to ask clarifying questions of the proposer.
In preparation for discussion and amendment, the motion may be displayed
via computer on a screen visible to the subcommittee.
- Step 3: Discuss Recommendation. The chair opens the floor for
discussion, restating the recommendation by reference to the hard
copy, or screen copy or a reading by the secretary, as appropriate.
After informal general discussion of the recommendation, the screen
copy may be amended by specific word changes approved by general
consent or straw votes at the chair's discretion. This amending
shall be done sequentially in so far as possible. If at any time
it is deemed necessary, the recommendation and its amendments may
be referred to a work group for further development including instructions
by the subcommittee.
- Step 4: Consideration of Amended Recommendation. At the discretion
of the chair or approved motion of the committee, a straw vote may
be taken to determine the support for the recommendation. If appropriate
the recommendation may be divided into parts in order to reach a
consensus on major portions. Minor portions may be subject to further
development.
- Step 5: Formal Approval of Recommendation: The formal approval
of a major health-related recommendation shall require a 2/3 affirmative
vote of the members voting at a scheduled meeting whose agenda includes
the recommendation as a business item. The approved recommendation
with the voting tally and any supporting documents shall be sent
by the subcommittee chair to the DFO to be forwarded to ATSDR and
CDC.
- Step 6: Minority Opinion: One or more formal minority opinions
shall be permitted on all recommendations and shall attached to
the majority opinion. They shall be prepared by their supporters
on a reasonable time schedule and the authorship of each separate
opinion shall be indicated.
The above is intended to meet the majority of the requirements processing
major recommendations but should not be construed to prevent other useful
motions needed to advance the recommendations. Examples are: "To
extend limits of debate" or "Postpone to a definite time".
- The DFO must be present at all subcommittee meetings.*
- A quorum at subcommittee meetings shall consist of one half of the
total voting members of the subcommittee plus one (i.e., twelve voting
members when the total membership is 21).*
- If a subcommittee member cannot attend a meeting or can only participate
for a portion of a meeting, he or she shall notify the chair in advance
about the absence and shall review the minutes of the missed meeting
prior to the next meeting.
- The subcommittee shall meet at a time and place determined by the
DFO in consultation with the chair and the subcommittee.* A 15-day notice
of meetings (including conference calls) shall be given in the Federal
Register and in other venues such as local newspapers.* If the Federal
Register notice is not published 15 days before the meeting, the subcommittee
meeting shall be postponed until adequate notice can be given, as required
under FACA.* Subcommittee members shall be notified of work group meetings.
Public notice in local newspapers shall be given where practicable.
- The order of business for each subcommittee meeting shall be determined
by the Agenda Work Group. The order of business must be approved by
the Designated Federal Official.* The following order of business is
suggested; however, it may be modified, as appropriate, for any particular
meeting if an alternative order would help the subcommittee work more
efficiently and better meet the goals of the meeting. In addition, the
order of business must include specific times set aside for presentations
and public comment (two per day):
Registration
Call to Order
Introductions
Opening Remarks
Agenda Review, Correspondence and Announcements
Approval of Minutes of Prior Meetings
Status of Action Items
Report of the Chair
Presentations (Interspersed as needed)
Public Comments (Two per day, interspersed)
Reports of Work Groups
Unfinished Business
New Business
Scheduled Items
Other Items
Identification of Action Item Assignments
Adjournment
- Observers may comment during the public comment portions of subcommittee
meetings. Observers shall present their comments with civility and respect
and shall refrain from personal attacks, profane or abusive language,
or disruptive or violent behavior. If this by-law is violated, the chair
shall ask the observer to cease the disruption. If the observer is unable
to do so, the chair may ask the observer to leave the room or may call
a recess. The DFO may adjourn the meeting if adjournment is deemed to
be in the public interest.*
- ATSDR shall keep detailed minutes of all subcommittee meetings.* A
draft of the minutes shall be circulated to all members to review for
accuracy and completeness. Subcommittee members shall provide any comments
to ATSDR and these comments shall be incorporated, as appropriate, to
develop the final minutes. Subcommittee members shall approve the final
minutes at the next subcommittee meeting. The chair shall then certify
the minutes.*
Article XI. Compensation and Employee Status
- Subcommittee members (but not the public) will be compensated for
attendance at subcommittee meetings.* Subcommittee members shall also
be compensated for their attendance at work group meetings if they are
a member of that work group.* Subcommittee members shall not be compensated
for time required to prepare for meetings.* Travel expenses are reimbursable
in accordance with Standard Government Travel Regulations.*
- As special government employees, all subcommittee members shall comply
with the requirements of the Standards of Ethical Conduct for Employees
of the Executive Branch (5 C.F.R. Part 2635), Conflict of Interest Statutes
(18 U.S.C. 201-208), the DHHS Standards of Conduct, and regulations
governing confidentiality and procurement integrity.*
Article XII. Amendments
- Any by-laws that derive from FACA requirements, GSA rules, DHHS guidelines,
or the subcommittee's charter may not be amended. All these by-laws
are flagged with an asterisk. All other by-laws may be amended by the
subcommittee, provided that the text of the proposed amendments and
of any existing articles thereby affected, has been mailed to the members
at least fifteen (15) days before the subcommittee meeting.
- Amendments may be proposed either by the Guidelines and Procedures
Work Group or by petition of at least 20 percent of the members. Amendments
must be presented to the chair at least one week before the mailing
of meeting notices.
- Adoption of a proposed amendment to these by-laws shall require the
affirmative votes of two-thirds of the members voting.
Appendix A
Adopted March 20, 2001; Revised December 4, 2001
____________________________
Kowetha Davidson, Chair
____________________________
La Freta Dalton, DFO
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