By-Laws

Association of Administrators of the Interstate Compact on Adoption and Medical Assistance

Organizational By-Laws

Article I.
Establishment The Association of Administrators of the Interstate Compact on Adoption and Medical Assistance, Inc., hereinafter referred to as “the Association” is hereby established.

Article II. Purposes and Functions
The Association is a nonprofit corporation and is for the purpose of developing and disseminating information that will facilitate administration of the Interstate Compact on Adoption and Medical Assistance, and considering, formulating and adopting forms and procedures as contemplated in Article VI of the Interstate Compact on Adoption and Medical Assistance. In addition, the Association may:

(a) Consider problems relating to the interjurisdictional aspects of Medicaid and other medical assistance for children covered by adoption assistance agreements or for whom adoption assistance is or may be desirable;

(b) Consider and develop supplementary agreements pursuant to Article VI of the Compact for the implementation of the interstate payment and delivery of medical assistance benefits and services in addition to Medicaid, as provided by Article V of the Compact;

(c) Consider and develop supplementary agreements pursuant to Article VI of the Compact for the delivery of other services and benefits to children and their adoptive families who are recipients of adoption assistance, as contemplated by Article IV of the Compact;

(d) Recommend changes in law or administrative practices, which would improve the interstate aspects of adoption assistance programs;

(e) Facilitate communication, cooperation, consultation and interchange of information between and among officials who serve as Compact Administrators and their agencies, private adoption agency representatives, tribes, and others involved in special needs adoption;

(f) Cooperate with the U.S. Department of Health and Human Services and with any other federal agencies and officials concerned with services to children receiving or in need of placement with adoption assistance; Undertake any and all activities on behalf of members and associate members which are permitted under the Nonprofit Corporation laws of the District of Columbia.

Article III. Membership
(a)The members of the Association shall be the Compact Administrators from the party states and such Deputy Compact Administrators as may have been designated in accordance with the laws and procedures of the state involved.

Article IV. Voting
(a) Each party state shall be entitled to one vote, which shall be cast by the Compact Administrator, Deputy Compact Administrator, or someone designated by proxy from that state. No Compact Administrator or Deputy Compact Administrator present or by proxy shall be entitled to participate in the business of the Association as a member unless there is on file with the Association written notice of the identity and designation of said Administrator or Deputy Compact Administrator and unless such designation has not been superseded, revoked, or rendered inoperative because the Administrator or Deputy Compact Administrator no longer holds an office or employment in the state government involved.

(b) Consideration of a supplementary agreement to the Compact shall be by the Association as a whole. An initial vote shall be taken to determine which states adopt the supplementary agreement. Thereafter, any vote on matters relating exclusively to the supplementary agreement shall be only by the states which have adopted it. If a state not having a member present at the initial vote has previously informed the Secretariat of its adoption of the supplementary agreement, its Compact Administrator or Deputy Compact Administrator shall have full voting rights with respect to matters relating to the supplementary agreement at any subsequent meeting. Only states, which have adopted a supplementary agreement, shall be entitled to vote on matters relating to the supplementary agreement.

(c) The Compact Administrator or Deputy Compact Administrator entitled to vote upon Association business may vote by proxy. The designation of such proxy shall be in writing to the President, subscribed by the Compact Administrator or Deputy Compact Administrator and shall be dated. Proxies shall be delivered to the President 15 days before a vote will be taken at a meeting and shall remain in force until the conclusion of the meeting unless revoked by written notice to the President.

Article V. Meetings
(a) The annual meeting of the Association shall be held at such time and place as shall be determined by the Executive Committee. Special meetings may be held on call of the President at such time and place as he or she shall determine, or by demand in writing addressed to the Secretariat by the Compact Administrators or Deputy Compact Administrators representing not less than 1/3 of the party states. Notice of the annual meeting shall be to all members and associate members by mail, at least 90 days in advance of the meeting. Notice of special meeting shall be the same as for an annual meeting, except that it may be on 10 days notice and shall be accompanied by an agenda setting forth in reasonable detail the business proposed to be transacted.

(b) The President may authorize special sessions of any meeting of the Association for the conduct of business relating to one or more supplementary agreements. If the President is not from a state which has adopted the supplementary agreement or agreements in questions, or if the President expects to be otherwise engaged on the business of the meeting during the time of the special session, he or she may designate a presiding officer for the session from among the members representing the states which have adopted the supplementary agreement or agreements in question.

Article VI. Transaction of Business
(a) A quorum for the transaction of Association business shall consist of voting representation by the Compact Administrator or Deputy Compact Administrator or by proxy vote by a majority of states which have the Compact in effect.

(b) Action of the Association shall be conducted by an affirmative vote at the annual meeting by those states present and voting at the annual meeting. If a quorum is not present at the annual meeting, the vote passed by a majority of the states at the annual meeting must be ratified by a majority of the member states by mail vote within 30 days of the annual meeting in order for it to be effective.

(c) A quorum for the transaction of business wherein voting is limited to states which have a particular supplementary agreement in effect shall consist of voting representation from a majority of the states having the supplementary agreement in effect.

(d) (1) Whenever it becomes necessary to establish the presence of a quorum in a meeting of a Committee, the quorum shall be a majority of the members of the Committee.
xxxx(2) A Committee may meet by personal presence or by telephone conference call.

Article VII. Officers
(a) The Officers of the Association shall be a President, Vice President and Treasurer and shall be elected from among the members of the Association. A vacancy in an office shall occur whenever the office holder resigns therefrom or ceases to be a member of the Association.

(b) The President shall perform the duties and have the prerogatives customarily inhering in the office of President, including presiding at meeting and having general responsibility for the administration of the Association. The president shall be Chairman of the Executive Committee and shall be an ex officio member of all other committees of the Association unless otherwise specifically ordered by the Association. The President, with the advice and consent of the Executive Committee may appoint a member of the Association to fill a vacancy.

(c) The Vice President shall perform the duties, have the prerogatives, and assume the responsibilities of the President during any time when the President is unable to act, on account of absence or any other cause. In the event of a vacancy in the office of President, the Vice President shall succeed to the office of President for the remainder of the unexpired term.

(d) The Treasurer shall have general oversight of the funds of the Association, may require reports thereon from the Secretariat and shall report to the Association at its annual meeting and at any other appropriate times on the financial condition of the Association.

(e) The terms of the Officers and members of the Executive Committee shall be for two years to begin on January first; however, subject to the limitation prescribed in this Article and in Article III, an Officer or member of the Executive Committee may succeed himself or herself. The President may serve no more than two successive terms, except that a Vice President who succeeds to the Presidency to complete an unexpired term may thereafter be elected to two successive terms. Each Officer and Executive Committee member shall serve until his or her successor is elected and qualified.

Article VIII. Committees
(a)(1) The Association shall have an Executive Committee of nine members: the President, the Vice xxxxxxxPresident, the Treasurer, and six other members of the Association who shall be elected to the xxxxxxxExecutive Committee by the members of the Association. The terms of the members of the Executive Committee shall be as prescribed in Article VII.
xxx(2) The Executive Committee shall advise the President and the Secretariat and, within the policy xxxxxxxdirectives of the Association, may authorize action on behalf of the Association in those instances where it would be inappropriate to postpone action until the next ensuing annual meeting or where it is impracticable to hold a special meeting. Unless a matter requiring study or review is referred by the President to another committee, the Executive Committee may function therefore as a general committee of the Association. The Executive Committee shall have such other duties and may perform such other functions as the President or the Association may from time to time assign to it.
xxx(3) The Executive Committee shall be the Board of Directors of the Association.

(b) The Association may create such standing or special committees as it may deem appropriate. If not inconsistent with action of the Association, the President may establish one or more special committees to consider particular subjects or issues.

(c)Unless otherwise required by these Bylaws, or unless otherwise ordered by the Association, the President shall have power to appoint the members of all committees.

(d) An Associate member can serve on any committee except the Executive Committee.

Article IX. Nominations and Elections of the Executive Committee
(a) The Nominating Committee shall be appointed by the President and shall be composed of 5 members of the Association including a Chairperson. The Chairperson of the Nominating Committee shall be selected by the members of the Nominating Committee.

(b) The Nominating Committee shall serve for a period of two years.

(c) In even-numbered years the Nominating Committee shall prepare a slate of nominees for the office of Vice-President and Treasurer and for 3 of the general members of the Executive Committee. In odd-numbered years, the Nominating Committee shall prepare a slate of nominees for the office of President and for the remaining 3 general members of the Executive Committee.

(d) The elections shall be conducted by mail ballot to be mailed no later than October first of each year.

(e) The ballot shall indicate a yes or no vote for each of the officers and the general members of the Executive Committee.

(f) In the event of a no vote the Nominating Committee shall resubmit to the membership new nominees.

Article X. Status and Character of Association
The Association is an independent organization of public and private officials organized and existing for the stated purposes, and is not organized for profit.

Article XI. Finance
(a) The Association may make application for and receive funds to be administered and expended for the conduct of its affairs and for the support of a Secretariat. If requirements of law or the terms of any grant or donation which it receives or which is given to another entity to be expended for its benefit so require, the Association may make such reasonable arrangements where the financial arrangement made by it otherwise provide, the Association shall determine the amount of dues, if any, to be paid by states which are party to the Compact and associate members as well as the amounts of any other charges which it may make in connection with the rendering of services to the Association and its members and associate members or for publication or meeting registration. However, the purpose of any such dues or changes shall be only to defray the costs of providing services.

(b) The Association may designate one or more repositories for its funds and shall provide for the administration thereof and disbursements therefrom.

(c) If empowered by the Association, the Executive Committee may perform the functions and exercise the powers provided by this Article. Any actions taken by the Executive Committee pursuant to this paragraph shall be reported to the Association at each annual meeting and at any special meeting where the notice thereof so provides. The Executive Committee shall also provide a full accounting of Association funds at each annual meeting.

(d) All withdrawals from the funds of the Association shall require the signatures of two of the three Officers of the Association, unless the Association enters into arrangements which provide otherwise with an organization with which it affiliates or with its Secretariat.

(e) Unless the Association funds on hand are substantial, or if there are other funds from which expenses of the Association can reasonably be paid, the Association funds shall not be drawn upon for major expenditures other than in this Article. It is intended that the funds available to the Association of for use on its behalf be devoted primarily to the provision of Secretariat services as identified in Article X.

(f) To the extent that they are available, Association funds may be used to defray expenses incurred by the Secretariat in performance of Association business, including but not limited to such items as postage and toll telephone charges, letterhead and other supplies, travel of persons providing staff services for the Association, costs incurred by or on behalf of the Association directly in connection with the holding of an annual, special or committee meeting (but not including travel of Association members), and any similar items. If an officer or other member of the Association is specifically requested by the President or the Secretariat to travel in order to represent the Association and funds are not otherwise available to defray the cost of such travel, Association funds may be used for this purpose.

Article XII. The Secretariat
(a) The Association may engage a Secretariat, within funds available therefor. For this purpose, it may make any and all appropriate contracts or arrangements.

(b) Subject to the direction of the Association, the duties of the Secretariat shall include but not be limited to the following functions:

xxxxx(1) Keep the records relating to participation in the Compact and any supplementary agreements xxxxxxxxxthereto and make certifications thereof;

xxxxx(2) Arrange meetings of the Association and its committees;

xxxxx(3) Act as Secretary to the Association and conduct the day-to-day administration of the xxxxxxxxxAssociation;

xxxxx(4) Gather, interpret and disseminate statistical and other information concerning the Compact and xxxxxxxxxoperations thereunder;

xxxxx(5) Provide technical, legal, and other professional and clerical assistance to the Association;

xxxxx(6) Advise the party states on matters relating to proper and uniform interpretation of the Compact, xxxxxxxxand foster compatible practices among the party states with respect to cases handled pursuant to xxxxxxxxthe Compact;

xxxxx(7) Provide technical and legal advice to states considering adoption of the Compact and making xxxxxxxxxpreparations to that end;

xxxxx(8) Provide assistance in training state agency personnel in the administration of the Compact; and

xxxxx(9) Provide such other services as are in furtherance of the effective and efficient operation of the xxxxxxxxCompact.

(c) It is recognized that funding limitations may not allow full performance of all of the foregoing functions, and that the Association and the Secretariat will need to determine on a continuing basis which among the functions are to be given priority.

Article XIII. Parliamentary Authority
In order to expedite business, the meetings of the Association and its committees shall be conducted informally. However, when necessary to the effective transaction of business or on demand of any member, the business of the Association shall be conducted in accordance with Roberts Rules of Order, Revised.

Article XIV. Adoption and Amendments
These Bylaws, and any Amendments thereto, may be adopted, amended, altered, supplemented or repealed in accordance with Article VI, provided that notice is given in the same manner as provided for notices of annual meetings. A notice of a proposed Amendment shall contain the text of the proposed Amendment, or a summary thereof sufficient to indicate with particularity its purpose and content.

Adopted 6/14/86
Amended 10/2/96
Amended 9/02