By-Laws

New York State Training and Development Council
By-Laws

ARTICLE I. NAME AND BACKGROUND

This organization shall be known as the New York State Training and Development Council (NYSTDC). NYSTDC evolved from the New York State Training Council, which was created in 1970. The creation of the NYSTDC in 2008 recognizes the critical role played by State training professionals and the value to New York State government of having a professional organization comprised exclusively of State training professionals committed to the ongoing development of the State government workforce. The NYSTDC is a community of practice sponsored by the Governor's Office of Employee Relations (GOER).

ARTICLE II. MISSION STATEMENT

The New York State Training and Development Council advocates and supports the training and development of the State's workforce to achieve organizational effectiveness.

ARTICLE III. COUNCIL OBJECTIVES

To encourage and support the effective use of training and development as an integral part of the management of human resources in New York State (NYS) government.

To provide effective training and development services to individuals with training responsibilities in order to improve their efficiency and effectiveness and that of the State's work force.

To serve as a resource to State training units and other organizations interested in the improvement of their training and development initiatives.

To actively encourage and promote cooperation and sharing of training resources, knowledge and information within NYS government.

To facilitate and encourage open communication and coordination among State agency training staff and other human resource management professionals.

To advocate for the State's workforce and their agencies on training, development and human resource issues.

ARTICLE IV. MEMBERSHIP

Section 1. Membership in the NYSTDC is open to employees from a New York State (NYS) agency. The term "New York State agency" shall mean any state department, or division, board, commission, or bureau of any state department or any public benefit corporation or public authority at least one of whose members is appointed by the governor. There are two types of members:

  1. Voting

  2. Regular

Section 2. Voting Members — Each NYS agency, as defined above, shall vote annually to elect the Executive Committee and, when necessary, revise the by-laws. At the beginning of every business year, the heads of each NYS agency, as defined in Section 1 above, will be asked to designate two individuals who have substantial responsibility for training to serve as delegate and alternate voting members to NYSTDC. The delegate will cast votes on behalf of the NYS agency. In the event the delegate is unable to vote, the alternate may do so. If neither the delegate nor alternate is able to vote, the delegate may vote by either proxy or absentee ballot pursuant to Sections 4 and 5 respectively.

Section 3. Regular Members — The regular members of the NYSTDC are those individuals who work for a NYS agency, as defined in Section 1, and whose responsibilities include the training and development of the State workforce.

All regular as well as voting members may attend meetings, engage in discussions and debates over NYSTDC issues, make suggestions, sit on committees, nominate candidates, and run for NYSTDC offices.

Section 4. Proxies — All proxies shall be in writing and shall be filed by the voting member with the Secretary prior to the commencement of the meeting at which the same are to be used. Such proxies shall only be valid for such meeting or subsequent adjourned meetings thereof. A notation of such proxies shall be made in the minutes.

Section 5. Absentee Ballot — All absentee ballots shall be in writing, (e-mail from the voting member's official e-mail address is acceptable), and shall be filed with the Secretary prior to the commencement of the meeting at which same are to be used. Such ballots shall be valid only for the election of officers. A notation of such absentee ballots shall be made in the minutes of the meeting.

Section 6. Quorum — Except as otherwise provided in the by-laws, a quorum exists when the number of voting members in person, by proxy or represented by valid absentee ballots, is equal to or greater than twenty-five percent (25%) of the total number of voting members. If, however, such quorum shall not be present or represented at any meeting of voting members, the voting members present in person or represented by proxy shall have the power to adjourn the meeting, without notice other than announcement at the meeting, until a quorum shall be present or represented.

ARTICLE V. COUNCIL STRUCTURE

Section 1. Officers — The officers of the organization shall be a Chair, Chair-Elect, and Secretary. There shall be an Executive Committee consisting of the officers and three members designated as Committee Members-at-Large, who shall be elected by the voting members. These Executive Committee members shall be regular members of the NYSTDC as defined in Article IV, Section 3.

  1. Responsibilities of the Executive Committee

    1. Meet as called by the Chair to provide advice and consultation. Meetings will be held on a bi-monthly basis, with additional meetings scheduled as needed.

    2. Participate and provide insight on training issues at the quarterly meetings with GOER leadership. NYS agency training directors and/or their designee will also attend these meetings.

    3. Serve as liaisons to operational committees.

    4. Review and approve program and budget for NYSTDC functions.

    5. Make the day to day decisions on NYSTDC business.

    6. Present an Executive Committee report at each scheduled general membership meeting. As needed, present issues at large to the delegate for their input.

    7. Establish, charge, and abolish operational and regional committees as required. At the beginning of each year, the incoming Executive Committee will review the need for, and the responsibilities of, each operational committee. Decisions will be communicated expeditiously to the membership.

    8. Designate an operational committee to conduct the NYSTDC's annual election of officers.

Section 2. Responsibilities of Officers

  1. Chair

    1. Respond to the interests and concerns of the membership.

    2. Call and preside at bi-monthly Executive Committee meetings, scheduled general membership meetings, and quarterly meetings with GOER leadership.

    3. Establish, with appropriate consultation, agendas for bi-monthly Executive Committee meetings, scheduled general membership meetings, and quarterly meetings with GOER leadership.

    4. Present an Executive Committee report at each scheduled general membership meeting of the NYSTDC.

    5. Represent NYSTDC at appropriate meetings or designate an appropriate representative to act on the Chair's behalf.

  2. Chair-Elect

    1. Function as Chair in the absence of the Chair.

    2. Attend bi-monthly Executive Committee meetings, scheduled general membership meetings, and quarterly meetings with GOER leadership.

    3. As requested by the Chair, assist with a range of tasks or represent the NYSTDC.

    4. Oversee the posting and updating of committee structure on the website.

    5. Serve as liaison to an operational committee.

    6. Assume the position of Chair if the office becomes vacant during the year.

    7. Assume the position of Chair, following the term of the outgoing Chair.

  3. Secretary

    1. Record, prepare, and distribute minutes of general membership meetings to the membership and minutes of bi-monthly Executive Committee meetings to Executive Committee members and Committee Chairs.

    2. Attend bi-monthly Executive Committee meetings, scheduled general membership meetings, and quarterly meetings with GOER leadership.

    3. Serve as a liaison to the operational committee responsible for communications and marketing.

    4. With the assistance of the coordinator, prepares annual call letter to agency heads requesting designation of primary and alternate delegates.

  4. Committee Members-at-Large

    1. Serve as liaison to one or more of the operational or regional committees. Report to the Executive Committee on the progress of the committees.

    2. Attend bi-monthly Executive Committee meetings, scheduled general membership meetings, and quarterly meetings with GOER leadership.

    3. Serve as a representative for the NYSTDC.

Section 3. Operational and Regional Committees — The NYSTDC shall function through a committee structure. The Executive Committee will establish operational and regional committees, as needed, to carry out the NYSTDC's business. Active committees shall be listed on the NYSTDC website, with appropriate contact people. It is the responsibility of each committee to report on its activities to the Executive Committee and at scheduled general membership meetings.

ARTICLE VI. ADMINISTRATION GUIDELINES

The organization will function in accordance with operational guidelines developed and agreed to between GOER and the Executive Committee.

All changes to the operational guidelines are subject to agreement between GOER and the Executive Committee. The by-laws and current operational guidelines are posted on the NYSTDC website.

General membership meetings shall be scheduled September through June, when deemed necessary by the Chair, at a time and place designated by the Chair. Membership may also petition for a meeting through the Secretary.

The Executive Committee shall meet at least bi-monthly. Operational committees and regional committees shall meet whenever deemed necessary by their respective chairs.

Announcements of each meeting shall be distributed to members, as far in advance as is practical.

Day to day decisions shall be made by a majority vote of the Executive Committee. The Executive Committee shall seek input and discussion from the regular membership as a common practice.

The conduct of meetings, unless specifically outlined in the by-laws, shall follow generally accepted meeting practices.

ARTICLE VII. ELECTION PROCEDURES

  1. An annual election will be held with each official serving a one-year term, with the exception of the Chair/Chair-Elect position. The Chair-Elect shall be elected to serve one year as Chair-Elect and the subsequent year as Chair.

    1. The operational committee responsible for elections shall be responsible for soliciting candidates among the Regular and Voting Members as defined in Article IV, preparing a roster of candidates for each open position and overseeing the casting and tallying of ballots.

    2. The announcement that nominations are open for Executive Committee positions shall be made in both July and August. Duties statements for Executive Committee positions will be posted on the website for the membership.

    3. Candidates shall submit to a designated member of the operational committee responsible for elections a short biographical statement outlining their qualifications and reasons for seeking office. Information on the slate of candidates will be provided electronically to the NYSTDC's general membership.

    4. The vote for Executive Committee positions will be made at the September business meeting.

    5. As defined in Article IV (2), voting is open only to the agency's designated delegate or alternate or proxy, with only one vote per state agency.

    6. A proxy may be named or absentee ballot cast pursuant to Article IV.

    7. The order of elections shall be as follows with separate ballots cast for each officer position and a group ballot for committee members at large.

      • Ballot 1) Chair/Chair Elec
      • Ballot 2) Secretary
      • Ballot 3) Committee Members-at-Large (any three)

    8. Nominations for any ballot may not be closed until the results of the previous ballot have been tallied and announced.

      1. Election will be by majority vote of those voting members present provided a quorum is present as per Article IV, Section 6.

      2. The newly-elected Executive Committee shall assume office on October 1st following elections.

      3. Interim elections shall be held, as necessary, to fill vacancies, with a two-week notice to membership. The winners of interim elections shall assume office immediately following election.*

ARTICLE VIII. BY-LAWS AMENDMENT AND RATIFICATION

As necessary, the Executive Committee shall be empowered to create a By-Laws Task Force to review the NYSTDC by-laws for currency and consistency with the operational needs and mission.

New or proposed revisions to the by-laws shall be presented, for information, to the general membership for a 30-day comment period. Such revisions must be in alignment with GOER's mission and goals. The By-Laws Task Force will incorporate feedback, as appropriate, and prepare a final document for presentation to the voting members. Upon receipt of the by-laws, the voting members will have 14 business days in which to cast a single affirmative or negative vote.

Adoption of the by-laws shall be by a majority affirmation of votes cast, in accordance with Article IV. The by-laws shall become effective with the beginning of the calendar month following the vote.

*  This provision of the by-laws shall not apply to the position of Chair. If the position of Chair should become vacant, it will be assumed immediately by the Chair-Elect.