(Adopted May 10, 1985 - Revised December 5, 1985)
Article I - Purposes
- It shall be the purpose of the Criminal Justice Council (CJC) to act in compliance with 64 DEL laws CH 407. The CJC shall adhere to the provisions of the statute as it relates to powers, duties, council composition, meetings, reporting requirements and other such related matters.
Article II - Powers and Duties
- The Council shall perform the duties and responsibilities outlined in the state statute referred to in Article I.
Article III - Meetings
- All meetings will be at the call of the chairperson or at the request of seven members of the Council with no less than ten days notice required for any meeting, except extraordinary circumstances.
- (a) The privilege of voting by proxy is limited to two regular Council meetings in any calendar year.
- (b) All motions, except as hereafter specifically noted, shall be carried by a simple majority of those members present and entitled to vote. The presiding officer shall vote only in the case of a tie.
- (c) In the absence of a quorum at a regular duly noticed meeting of the Council, the agenda of that meeting shall be delegated to the Executive Committee for disposition.
Article IV - Council Executive Director and Staff
- (a) An Executive Director shall be appointed by and serve at the pleasure of a majority of the members of the Council. The Executive Director shall act as the secretary to the Council. The Executive Director shall be paid such compensation as shall be determined by the General Assembly.
Responsibilities of the Executive Director:
- Interpret objectives, priorities and direction given by the Council, the Federal Office of Justice Programs, and other groups and individuals influencing the operation of the agency.
- Interpret and enforce policies and procedures of the Council and the Federal Office of Justice Programs and its successors.
- Maintain liaison with the Governor's office and Legislature.
- Establish internal performance standards for the agency as a whole.
- Represent the agency to outside groups.
- Maintain contact with federal officials, the Congressional delegation, and with Executive Directors of criminal justice coordinating groups from other states.
- Maintain representation for the state in regional or national criminal justice organizations.
- Prepare final recommendations for allocation of federal and state funds.
- Direct the preparation and approval of the annual Comprehensive State Plan and its submission to the Council, the Governor, the General Assembly, and the proper federal agencies.
- Insure the necessary level of staff support to the Council in carrying out all of its functional responsibilities.
- Monitor the activity of all personnel.
- Review and approve all public information releases, as directed by the Chairperson.
- Approve selection of outside firms as consultants for agency operations.
- Direct the preparation of and approval of the annual operating budget.
- Approve all progress reports prior to submission to the federal government or the Council.
- Review and approve the disposition of audit exceptions.
- Provide leadership and management review control over all units within the agency.
- Maintain oversight on all grant adjustments and extensions.
- Maintain oversight of the subgrant cash flow operations.
- Direct the development of agency in-service and pre-service training programs.
- Maintain meeting schedules and supervise meeting notices and legal advertisements.
- Arbitrate disputes under certain sub-contracts.
- Serve on committees and task forces as assigned by the Council's chairperson.
- Provide administrative services to certain discretionary grants.
- Provide information upon request to other governmental agencies including the General Assembly as well as to the public and non-governmental bodies as resources allow.
- Review and approve or disapprove applications for the Council funding in approved program areas submitted by eligible applicants as designated by the Council.
- (b) Staff personnel, hired through procedures of the State Merit System, shall report to the Executive Director and shall provide necessary supportive services to the Council, and to Standing and Special Committees, enabling the Council to draw up the Comprehensive Criminal Justice Council Plan, to develop programs, to provide program grants, to monitor and evaluate those programs and to perform such other duties as the Executive Director may designate.
- (c) Staff personnel appointed by the Executive Director of the Council shall keep minutes of all meetings of the Council and its sub-committees and a record of all motions and votes.
Article V - Committees
Section 1 - Standing Committees Composition
- Committees shall be appointed, as needed or appropriate, by the Chairperson of the Council.
Section 2 - Executive Committee
- (a) The Chairperson shall appoint an Executive Committee composed of not less than 3 or more than 7 members (including the Chairperson), with the Chairperson serving as the Executive Committee Chairperson. Three members of the Executive Committee shall constitute a quorum.
- (b) The Executive Committee shall have the authority to carry on the routine business of the Council between regular meetings, subject to ratification at the next Council meeting.
- (c) The Executive Committee shall act as the initial appeals body should any party wish to appeal the disposition of a grant or to appeal staff action pertaining to any program.
- (d) The Executive Committee shall review and approve the operating budget of the Council prior to its submission each fiscal year to:
- the federal office of justice programs and its successor;
- the Budget Office of the State of Delaware; and,
- the Controller General of the State of Delaware.
Article VI - The comprehensive Criminal Justice Plan
Section 1 - Administrative Procedures
- Procedural rules governing the submission of applications for grants, the approval or denial of grants, and appeals of grant decisions shall comply with the provisions of Chapter 64, Title 29 of the Delaware Code, the Administrative Procedures Act.
Section 2 - Establishment of Goals
- Periodically the Council staff shall review and assess established goals included in the current or previous Comprehensive Criminal Justice Plans for the State to determine whether those goals should be continued, revised, or eliminated.
Section 3 - Development of the Comprehensive Criminal Justice Plan
- (a) Upon adoption of goals by the Council, staff, staff representatives of operating agencies, and implementing agencies shall analyze problem areas, develop program objectives, costs and time spans and shall recommend eligible pubic or private agencies to implement those programs.
- (b) Staff shall report periodically on progress on the implementation of plans and outstanding available funds.
Section 4 - Applications and Grants Procedures
- (a) Applicants specifically designated as eligible for program grants by the Council shall be sent application procedures, forms, and the schedules for submission of applications. Submission schedules shall give specific dates for study and review (review cycles) of applications.
- (b) Staff shall cause notice to be published of all program areas adopted without specific eligible applicants, including deadlines for submission of project proposals.
- (c) Project proposals submitted under 4(b) shall be reviewed by the Council, who shall determine the eligible applicant(s) in the program area.
- (d) Should any concerns arise about the program as submitted by the applicant, staff shall perform a comprehensive review of the application and interview the applicant.
- (e) Applications for new grants by eligible applicants received prior to the published submission date shall be approved or disapproved by the Executive Director of the Council within ninety (90) days; applications for continuation grants by eligible applicants shall be acted upon by the Executive Director within thirty (30) days. Applications received after the published submission date shall be reviewed for approval or disapproval in the next review cycle.
- (f) Grant applicants or recipients may appeal any staff action by filing an Appeal Notification with the Chairperson and Executive Director of the Council within ten (10) days of the staff action.
Section 5 - Monitoring and Evaluation
- (a) Every grant program shall be monitored by staff through review of quarterly reports submitted by the grantee, on-site visits or other appropriate methods. The staff shall cooperate with each grantee to resolve problems that might arise and shall recommend modifications during the course of programs when necessary. Any problems which cannot be resolved by staff shall be brought to the attention of the Executive or other appropriate Committee.
- (b) Representative programs whether funded by the Council or not, shall be selected by the Council or its delegated committee and evaluated in detail by staff. The evaluation should focus on the program's impact on the criminal justice system, including recommendations for needed changes in the direction or procedures of those projects or other elements of the criminal justice system. Draft evaluations shall be given to the project director of the projects evaluated at least two weeks prior to any committee review meeting. Evaluation reports shall then be subject to Council approval (or delegated committee) before public release. Summaries of evaluation reports shall be submitted to the oversight committee of the General Assembly, or to the oversight bodies of local governments, or the boards of directors of any private agencies, depending upon which body might have jurisdiction over the program.
- Except where in conflict with these by-laws or applicable state or federal law, Robert's Rules of Order shall be the parliamentary authority for the Council.
Article IX- Amendments
- These by-laws may be amended in whole or in part, upon the recommendations of the Executive Committee or upon written request of at least seven (7) Council members, with ten (10) days written notice of the proposed change, at any regular or special meeting of the Council by a vote of a majority of the membership.