Pacific Islands Area CRAC By-Laws

PACIFIC ISLANDS AREA CIVIL RIGHTS ADVISORY COMMITTEE BY-LAWS

PREFACE

The USDA NRCS Civil Rights Program encompasses all program delivery and equal opportunity related matters. The Director for Pacific Islands Area will serve as the Deputy Equal Opportunity Officer (DEOO) for Hawaii and Pacific Basin-wide.

The DEOO will establish a Civil Rights Advisory Committee (CRAC), hereafter referred to as the “Committee” to give advice on all matters related to program delivery and equal employment opportunity ensuring equity and participation in all NRCS programs, activities and initiatives.

MISSION STATEMENT

The Committee will be committed to ensuring equity in all areas of employment and program delivery by indentifying needs and making recommendations to the DEOO.

ARTICLE I
Policy

The General Manual, Title 230, Part 404 is the policy governing the Committee. The Committee is designed to provide management officials and employees with a vehicle that enhances and fulfills their EEO and program delivery responsibilities. Committee members will carry out their EEO and program delivery responsibilities consistent with civil rights policies, procedures and practices which are nondiscriminatory with regards to race, color, age, religion, sex national origin, disability, political beliefs, marital or family status, sexual orientation, socio-economic status, or reprisal for equal employment activities.

ARTICLE II
Roles of the Committee

Committee members shall represent all employees regardless of occupation and grade level. The role of the committee includes:

1. Monitoring recruitment practices and making recommendations for ensuring that underrepresented groups are made aware of employment or special appointment;
2. Focusing the attention of management on specific personnel practices or problems of an EEO nature that are producing or could produce dissension and
dissatisfaction among employees (e.g., merit promotion and procedures; selection for training and assignments; criteria, nomination and distribution of awards, etc.);
3. Monitoring the policies and overall effectiveness of the Affirmative Employment and Federal Equal Opportunity Recruitment Programs with regard to recruitment, hiring, promotion and retention;
4. Providing training resources for various workshops, seminars, and meetings, as well as serving as a trainer;
5. Acting as a forum for an exchange of ideas and action proposals on sensitive issues, matters or concerns of a civil rights nature;
6. Encouraging, supporting or assisting in the development of projects or activities associated with civil rights needs or opportunities;
7. Contributing to the development and implementation of strategies designed to improve and increase awareness of and participation in NRCS programs and activities by underserved groups, individuals and communities; and
8. Promoting and communicating the efforts of management to achieve and operate a realistic and ongoing civil rights program.

ARTICLE III
Responsibilities

The Committee also establishes lines of communication between employees and management through which employee’s views on civil rights issues may be brought to the attention of management, providing management does not receive, investigate, or in any way adjudicate individual or class action complaints of discrimination.

ARTICLE IV
Membership

The Committee membership will be composed of all Special Emphasis Program Managers (SEPMS) and a Chairperson. The Special Emphasis Programs consist of: Federal Women’s, Black, Disability, Hispanic, Asian American/Pacific Islander, Veteran’s and American Indian/Alaska Native. One person man NOT be a Manager for more that one program. An Advisor, appointed by the DEOO, will attend meetings but will not have voting authority. The Committee may also include liaisons from Human Resources, Public Affairs and the leadership team that will not have voting authority.

The Committee shall solicit volunteers to fill anticipated SEPM vacancies and will make recommendations to the DEOO on new Committee members. The DEOO will then select the new SEPM.

The Committee is to be representative of all employees in various occupations, grade levels, sex, race, national origin and geographical locations within the organizational unit.

All members are appointed for a minimum of 3 years. Memberships may be renewed yearly thereafter, but are not to exceed 5 years. Members are to serve overlapping terms, so that no more that 1/3 to ½ of the committee membership is turned over in one year.

Membership on the Committee is to be documented in each member’s official position description. A memorandum of understanding must be signed by the member, the member’s immediate supervisor and the DEOO. Member’s contributions to the Committee will be noted in their individual performance appraisal. The Committee’s Chairperson’s performance appraisal must contain a stand-alone critical element addressing his/her Committee responsibilities.

If a Committee member is transferred from the state during their term that appointment is terminated, the DEOO will appoint a replacement member. The newly appointed member will then serve the remainder of the original term. All appointments for serving on the Committee will be made in writing.

Removal of a member from the Committee for cause shall be determined by the DEOO.

ARTICLE V
Alternates

In the event of any prolonged absence of members and program emphasis managers, an alternate will be appointed by the DEOO and the designated alternates should carry out all the assigned duties and responsibilities. The selection of alternates should follow the same process as that of members.

ARTICLE VI
Officers

The Chairperson is to be appointed by the DEOO and votes only to break a tie. A Vice-Chair and Recorder are elected by the Committee, with no approval or concurrence by the DEOO.

The nomination and election of Vice-Chair and Recorder shall be conducted yearly at the beginning of the fiscal year. Only Committee members are eligible to serve as Vice-Chair or Recorder.

The Recorder will keep minutes of the meetings and will forward the minutes to each Committee member, DEOO, advisor and all other attendees within 2 weeks. The Recorder shall also maintain the files of the Committee with copies of the minutes and business plans.

ARTICLE VII
Meetings

The Committee will meet as often as necessary, at least once a quarter. The dates shall be set by the Committee Chairperson in consultation with the Committee members.

Two-thirds of the members shall constitute a quorum (5/8).

ARTICLE VIII
Staff Support

NRCS Pacific Islands Area Leadership Team will provide the Committee with needed staff support as requested. Staff specialists will attend Committee meetings on an as-needed basis. The DEOO (or designate) will represent management at Committee meetings.

The Committee is to have complete access to all regulations governing employment policies and practices, including the Agency’s Statistical Data Report (MD-714).

Members are to be trained and familiarize themselves with the various aspects of EEO and personnel practices and procedures.

ARTICLE IX
Voting

Decisions shall be reached by consensus. If consensus cannot be reached the decision will be made by a simple majority vote. In the event of a tie, the Chairperson shall cast the deciding vote.

Each SEPM has one vote.

Voting by written proxy shall be permitted.

ARTICLE X
Amendment of By-Laws

These by-laws may be amended by a majority vote of the committee at regular or special meetings called for such purpose at which a quorum is present. Notifications of any proposed amendments or changes must be sent to all members at least 2 weeks in advance of the meeting.

ARTICLE XI
Handling Recommendations

The Committee Chairperson makes formal recommendations to the DEOO after input and concurrence of the committee.

The DEOO will review the recommendations of the Committee and decide whether to adopt or reject the recommendations.

ARTICLE XII
Plans

The Committee will develop a fiscal year business plan that includes long term goals, objectives and planned actions.

The Committee will assist in the preparation of the Affirmative Employment Plan and the MD-715.

The Committee will review, as necessary, the business plans of each SEPM.


Approval of By-Laws:

/s/
Mary E. Podoll 5.22.2006
Chairperson, Pacific Islands Area State CRAC Committee Date

/s/
Lawrence (Larry) T. Yamamoto 5.22.2006
DEOO, NRCS Pacific Islands Area Date

/s/
Robin L. Kelley 5.24.2006
Advisor, NRCS Pacific Islands Area Date

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