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Native American Employment Plan Advisory Council Bylaws

Enacted August 18, 2021

ARTICLE 1 – Enabling Authority and Purpose

These bylaws are enacted pursuant to the authority vested in the Native American Employment Plan Advisory Council (“NAEPAC”) pursuant to Native American Employment Plan Act (20 ILCS 60/1, et seq.).

These bylaws have been adopted by the NAEPAC to provide guidance to the members of the NAEPAC and the public about the orderly and efficient conduct of all meetings and actions of the NAEPAC which are essential to conducting the business of the NAEPAC.

ARTICLE 2 – Controlling Language

Portions of these bylaws contain a verbatim or summarized restatement of the provisions of the Native American Employment Plan Act. Any subsequent amendment to the language of the Native American Employment Plan Act shall supersede any conflicting language of these rules by operation of law.

ARTICLE 3 – Purpose of the Native American Employment Plan Act

Pursuant to Section 5 of the Native American Employment Plan Act, the purpose of the Act are to:

  1. Improve the delivery of State services to Illinois' Native Americans by increasing the number of Native American State employees and the number of Native American State employees serving in supervisory, technical, professional, and managerial positions.
  2. Identify State agencies' staffing needs and qualification requirements.
  3. Track hiring practices and promotions of Native Americans employed by State agencies.
  4. Increase the number of Native Americans employed by State agencies.
  5. Increase the number of Native American State employees who are promoted.
  6. Assist State agencies to meet their goals established under the Native American Employment Plan.
  7. Establish the Native American Employment Plan Advisory Council.

Pursuant to Section 10 of the Native American Employment Plan Act, the term “Native American” has the same meaning as “American Indian or Alaska Native” under subsection (D) of Section 2-105 of the Illinois Human Rights Act.

Pursuant to subsection (D) of Section 2-105 of the Illinois Human Rights Act, the term “American Indian or Alaska Native” means a person having origins in any of the original peoples of North and South America, including Central America, and who maintains tribal affiliation or community attachment.

ARTICLE 4 – Duties and Responsibilities of the NAEPAC

  1. Pursuant to Section 15(c) of the Native American Employment Plan Act, the NAEPAC shall appoint a Native American Employment Coordinator if said full-time position is created and funded by the State.
  2. Pursuant to Section 20(d) of the Native American Employment Plan Act,, the NAEPAC shall examine:
    1. the prevalence and impact of Native Americans employed by State government;
    2. the barriers faced by Native Americans who seek employment or promotional opportunities in State government; and
    3. possible incentives that could be offered to foster the employment and promotion of Native Americans in State government.
  3. Pursuant to Section 20(e) of the Native American Employment Plan Act, the NAEPAC shall meet quarterly to provide consultation to State agencies and the Native American Employment Coordinator.
  4. Pursuant to Section 20(f) of the Native American Employment Plan Act, the NAEPAC shall issue an annual report of its activities each year on or before February 1.
  5. All members of the NAEPAC shall discharge their duties and responsibilities in compliance with all applicable federal and State laws, including but not limited to, the Illinois Governmental Ethics Act (5 ILCS 420/1, et seq.), the State Officials and Employees Ethics Act (5 ILCS 430/1, et seq.), and the Open Meetings Act (5 ILSC 120/1 , et seq.).

ARTICLE 5 – Chairperson and Recording Secretary and Committees

  1. The NAEPAC shall elect by popular vote a Chairperson and a Recording Secretary both of whom shall be from the eleven Native American members. Both the Chairperson and Recording Secretary shall serve a one-year calendar term and may serve a maximum of two terms in the respective position.
  2. The Chairperson shall preside over all meetings of the NAEPAC.
  3. The Recording Secretary shall record and maintain the minutes of the meetings and maintain other official records of the NAEPAC.
  4. In the event of the absence or abstention of both the Chairperson and the Recording Secretary, the NAEPAC may designate another Native American member to perform those duties.
  5. The NAEPAC may establish any standing or ad hoc committees and subcommittees.
  6. Any committees or subcommittees of the NAEPAC may appoint a respective committee or subcommittee Chairperson and Recording Secretary utilizing the same criteria and procedures stated in (a) through (d) above.

ARTICLE 6 – Meetings

  1. The rules of parliamentary practice comprised in the latest published edition of “Robert’s Rules of Order Newly Revised” shall govern the meetings of the NAEPAC in all cases to which they are applicable and in which they are not inconsistent with the Open Meetings Act or these bylaws.
  2. At all regular meetings and at special meetings, so far as it may be applicable, the following order of business shall be observed, unless suspended or modified by a consensus of those present as determined by the chairperson.
    1. Roll call
    2. Approval of the minutes of prior meeting(s)
    3. Public comment session
    4. Presentation and discussion of items on the agenda
    5. Executive session (if needed)
    6. Reports of committees
    7. Reports from the Director of the Department of Central Management Services and other State agencies
    8. Reports of the Chairperson and the Native American Employment Coordinator
    9. Old business
    10. New business
    11. Announcements regarding future meeting
  3. Members of the NAEPAC may attend any meeting by electronic, telephonic, or other virtual means as allowed under the Opens Meetings Act or other applicable law.
  4. Any member of the public may address the NAEPAC orally or in writing during the designated public comment period of each meeting subject to the following:
    1. limit their remarks to three minutes (time may not be yielded to another speaker);
    2. limit their remarks to the subject matter appearing on the agenda of the meeting;
    3. address their comments to NAEPAC as a whole;
    4. refrain from profane language, obscene conduct, or disruptive behavior; and
    5. comply with the order of the Chairperson of the meeting.

      The Chairperson of the meeting has authority and discretion to: (i) curtail or limit public comment if the commenter fails to comply with this bylaw, and (ii) allow reasonable variances from the three-minute time limit in appropriate, non-discriminatory, circumstances. For repetitive comments, the Chairperson of the meeting has the authority and discretion to acknowledge the number of desired speaker in favor of or opposed to a matter on the agenda.

      While the purpose of public comment is to provide an opportunity for the public to address the governmental body, the Chairperson of the meeting has authority and discretion either respond to or allow a member of the NAEPAC to respond to any comment.
  5. The Chairperson of the meeting, with the assistance and cooperation of the NAEPAC members in attendance, shall maintain order and decorum at all meetings and any person who breaches the order or decorum of the meeting may be censored, asked to leave, or be removed from the meeting.

ARTICLE 7 – Amendment and Repeal

These bylaws may be amended or repealed at any regular meeting of the NAEPAC by a majority vote of record of members of the NAEPAC provided that copies of such amendments shall be submitted in writing and furnished each member at least 14 days prior to such meeting.