VI. Assignment of Proceeding
Susan P. Kennedy is the Assigned Commissioner and Karen Jones is the assigned Administrative Law Judge.
1. CRSAC and EPAC members represent consumer groups and are users of the program.
2. CRSAC and EPAC members are able to monitor the quality of the services and equipment used in the DDTP program.
3. CRSAC and EPAC are established as advisory committees of the DDTP program.
4. The Commission will benefit from TADDAC's involvement in the DDTP program.
5. In order to participate fully in the program, TADDAC needs to be able to review budget documents and reports from contractors.
6. Each DDTP committee is composed of voting members and non-voting liaisons.
7. The lead TD staff liaison will serve as liaison to all three committees.
8. There is no conflict in the Commission's Legal Division representing various entities.
9. TADDAC can provide invaluable assistance to TD in the crafting of recommendations and specifications for contracts relating to the DDTP program.
1. Public Utilities Code Section 279(a) precludes the Commission from ordering the transfer of the TTY Placement Program from the PSPC to the DDTP program.
2. The Commission's Legal Division can represent the TADDAC in proceedings before the Commission because attorneys are not in the position of advising the Commission on an issue where he or she acted as an advocate.
3. The TADDAC has the authority to appoint members to TADDAC and to CRSAC and EPAC. Those new members cannot be seated until the Commission's Executive Director reviews their Conflict of Interest statement and determines that no conflict exists.
4. The three DDTP committees are authorized to add additional members to represent deserving communities or constituencies, using the process outlined in each charter. The TADDAC must ask the Executive Director to determine if there is adequate program funding to support per diem and expenses for the additional members. If the Executive Director determines that current funding is not adequate, the expansion of the committee membership will be deferred to the next budget cycle.
5. ORA should have a voting member on the TADDAC.
6. Each contract with a particular entity that provides service to the DDTP program should include a requirement that the entity be represented, as appropriate, at meetings of the various DDTP committees.
7. CRSAC and EPAC should provide recommendations to the TADDAC.
IT IS ORDERED that:
1. The advisory board charters for the Telecommunications Access for the Deaf and Disabled Administrative Committee (TADDAC), the California Relay Service Advisory Committee, and the Equipment Program Advisory Committee, which are all appended to this decision as Appendix A, are adopted. The effective date of each of these charters shall be July 1, 2003.
2. If the committees vote to add any additional members, the TADDAC shall send written notification to the Commission's Executive Director. The TADDAC shall request that the Executive Director determine if there is adequate program funding to support per diem and expenses for additional members. If the Executive Director determines that current funding is not adequate, the expansion of the committee membership shall be deferred to the next budget cycle.
3. The Telecommunications Division shall ensure that all future contracts with entities involved in the Deaf and Disabled Telecommunications program shall include the requirement that the entity serve as a non-voting liaison, as specified in the charters adopted for the various committees.
4. The payment schedule for Deaf and Disabled Telecommunications Program-related invoices, as shown in Appendix B, is adopted.
5. This proceeding is closed.
This order is effective today.
Dated June 19, 2003, at San Francisco, California.
MICHAEL R. PEEVEY
President
CARL W. WOOD
LORETTA M. LYNCH
GEOFFREY F. BROWN
SUSAN P. KENNEDY
Commissioners
APPENDIX A
1. CHARTER of the TELECOMMUNICATIONS ACCESS FOR THE DEAF AND DISABLED ADMINISTRATIVE COMMITTEE
2. CHARTER of the CALIFORNIA RELAY SERVICE ADVISORY COMMITTEE
3. CHARTER of the EQUIPMENT PROGRAM ADVISORY COMMITTEE
4. CHARTER ATTACHMENT: DEAF AND DISABLED TELECOMMUNICATIONS PROGRAM DISCLOSURE AND CONFLICT OF INTEREST POLICY
APPENDIX B
Payment Schedule for DDTP programs
APPENDIX A
1. CHARTER
of the
TELECOMUNICATIONS ACCESS FOR THE DEAF AND DISABLED
ADMINISTRATIVE COMMITTEE
1. ARTICLE ONE: NAME
1.1 Name: The name of this committee shall be the Telecommunications Access for the Deaf and Disabled Administrative Committee (TADDAC or Committee).
2. ARTICLE TWO: PURPOSE
2.1 Purpose of the Committee: The purpose of the TADDAC is to function, pursuant to Pub. Util. Code § 2881 as an advisory board to advise the Commission in connection with the provision of telecommunications equipment and telecommunications relay services for persons with functional limitations of hearing, vision, movement, manipulation, speech, cognition, and interpretation of information.
3. ARTICLE THREE: MEMBERSHIP AND NON-VOTING
LIAISONS
3.1 Members. The TADDAC shall initially be composed of eight members consisting of the following representatives: one from the hard-of-hearing community, two from the disabled community, one from the late-deafened community, two from the deaf community, one speech-disabled person who uses Speech-to-Speech relay, and one from the Office of Ratepayer Advocates. Of the two members from the deaf community, one shall represent a statewide organization and one shall represent the deaf community at large. The TADDAC may, at its discretion, expand the number of voting members to include other significant disability groups that it deems to deserve membership. The total number of voting members shall not exceed ten. The Commission's Executive Director shall be notified in writing if the TADDAC votes to expand its membership. The TADDAC must ask the Executive Director to determine if there is adequate program funding to support per diem and expenses for additional members. If the Executive Director determines that current funding is not adequate, the expansion of the committee membership will be deferred to the next budget cycle.
3.2 Non-voting Liaisons. The non-voting liaisons will be as follows:
3.2.1 Commission Staff Liaisons. The Commission's Deaf and Disabled Telecommunications Program (DDTP) liaison from the Telecommunications Division, as well as a liaison from the Information and Management Services Division and one from the Legal Division. The TD liaison shall report on future plans for the DDTP program at each committee meeting, and solicit input as appropriate. Additionally, the Public Advisor, at its option or on the Commission's direction, may designate a liaison to the TADDAC.
3.2.2 Primary Service Provider (PSP) Liaison. The Primary Service Provider is the contractor chosen to operate and manage the DDTP program. The PSP's Executive Director shall serve as non-voting liaison to the TADDAC and give monthly status reports concerning the DDTP program.
3.2.3 Utility and Vendor Liaisons.
The Committee shall include liaisons from the CRS Network Management Service contractor, each of the vendors for the California Relay Service (CRS) and a liaison from a major equipment vendor to the program.
3.2.4 The Commission's Executive Director shall be notified of the name of each non-voting liaison. The non-voting liaisons are to attend meetings, as long as their contracts require attendance, but their attendance shall not be counted in determining whether a quorum is present. The members of TADDAC may determine that they do not need input from specific utility or vendor non-voting liaisons. The TADDAC shall notify those entities in writing that they are not obliged to attend TADDAC meetings.
3.3 Selection of Members. Potential members of the Committee shall be nominated by the organizations or constituencies they are to represent. With the exception of the ORA representative, the TADDAC shall select and approve members. The ORA Director shall appoint ORA's representative. Proposed new members must complete a Conflict of Interest statement for review and approval by the Commission's Executive Director prior to serving on the TADDAC.
3.4 Qualifications of Members. Members shall have professional or technical expertise sufficient to enable them to be conversant with the policy and budgetary issues that arise in connection with the administration of the programs. Consumer members should be able to demonstrate organizational or other ties to the constituency they represent and, in addition, they should not be employed by or represent the interests of any vendors or distributors who are providing or who may in the future provide equipment or services for the Deaf and Disabled Telecommunications Program, consistent with the Disclosure and Conflict of Interest Policy attached to this charter.
3.5 Term of Appointment. The current members of the DDTP Administrative Committee will be grandfathered to the TADDAC. The members will serve out their remaining terms, which are staggered. A current list of member position expiration dates is attached. If any current members are unable to serve out the remainder of their terms, a replacement will be selected to fill the vacancy. Thereafter, members will be appointed for four-year terms. At least one voting member shall be in each group of nominees annually. A member may be reappointed, but no member shall serve for more than two consecutive full terms. Partial terms of two years or less shall not be counted as full terms. After serving two consecutive full terms, a member is ineligible to serve another term, including serving as a proxy, until that individual has been off the committee for one full term. After a hiatus of at least one full term, an individual will be eligible for nomination. A member of one DDTP committee who has served two consecutive full terms on that committee may be nominated to serve on a different DDTP committee after a two year hiatus from any DDTP committee membership.
A member shall hold office until a successor has been appointed and has assumed office or until the member has been removed in accordance with Paragraph 3.6 or has resigned in accordance with Paragraph 3.7. If for any reason, a member ceases to be a designated representative of the respective class or entity upon which his or her membership is based, the member's appointment shall terminate as of the date that affiliation ceases.
3.6 Removal. Any member may be removed at any time by the Commission's Executive Director, in accordance with procedures adopted by the Executive Director. Also, two-thirds of the TADDAC members present and voting may vote to remove a member upon demonstration of reasonable cause, provided, however, that reasonable cause may not include any policy position taken by the member as a member of the committee. Members who fail to attend three consecutive meetings without just cause or proxy may be subject to removal from the committee. The member in question has the right to hear the complaints or accusations related to the request for resignation and has the right to rebut such complaints or accusations either in writing or in person before the Committee.
3.7 Resignation. Any member who wants to resign should give thirty (30) days written notice to the then-acting chair of the Committee. The member's appointment shall terminate upon the expiration of the thirty (30) day notification period.
3.8 Vacancies. The organization or constituency whose seat is vacated shall nominate an individual to fill that vacancy, and the selection and approval of the individual to fill that vacancy shall be made by the TADDAC according to the process in Section 3.3. Expired term vacancies will be filled with full-term appointments; un-expired term vacancies will be filled for the remainder of the term.
3.9 Indemnification. Members of the TADDAC who are not Commission staff are uncompensated servants of the State of California within the meaning of Gov. Code § 810.2. Accordingly, the State will indemnify Committee members as it indemnifies its compensated employees and will provide them with representation for their acts done within the course and scope of the services they perform for the TADDAC, pursuant to Gov. Code §§ 815-825.6 and 995-996.6. The TADDAC budget may include the purchase of Errors and Omissions (E&O) and Directors and Officers (D&O) or similar insurance to indemnify Committee members for acts done within the course the scope of services performed for the TADDAC, to the extent that such activities are held not to be indemnified by the State under Gov. Code §§ 810.2, 825-825.6 and/or 995-996.6.
3.10 Expenses and Per Diem. Members of the TADDAC who are not employees of utilities, the Commission, or other governmental agencies of the State of California shall be entitled to reimbursement from the Committee Fund of reasonable expenses and/or per diem incurred in connection with their service on the Committee or subcommittees of the Committee authorized by the Commission, in accordance with Pub. Util. Code § 271(f). Per diem and expenses are authorized for meetings TADDAC members attend at the request of the Telecommunications Division Director. The per diem shall be $300 for each day of meetings attended by the eligible members or $200 if the meeting lasts for less than approximately two hours. Reasonable expenses shall include transportation, lodging, meals and incidental expenses incurred in connection with service on the Committee, in conformance with Commission rules and regulations for Commission management employees, as outlined in Standard Form 262. Committee members who do not have internet access through the organization they represent will be reimbursed for basic internet access.
There shall be no per diem for preparation work. For each TADDAC member who is an employee of a governmental agency of the State of California, trade association or consumer group, payments for per diem and expense reimbursement related to the member's participation in the TADDAC shall go to the member's employer unless the member can show justification for receiving these monies directly.
Eligible Committee members must seek reimbursement of expenses and per diem through the state's Travel Expense Claim (TEC) process. Completed TECs must be submitted to the Commission's Telecommunications Division for review. The director of the Telecommunications Division will assign a designated staff member to review, and if appropriate, approve payment.
Committee members shall not be eligible to receive intervenor compensation under Pub. Util. Code §§ 1801 et seq. for their work related to the TADDAC.
4. ARTICLE FOUR: DUTIES AND RESPONSIBILITIES
4.1 Duties: The TADDAC shall have the following duties and responsibilities. While performing these duties and responsibilities, the Committee shall act in an advisory capacity to the Commission. The Commission shall have all policy and program
decision-making authority.
a) Review proposed program budgets for compliance with budget procedures, funding availability, and consistency with program policy, and develop formal recommendations to the Commission on the proposed annual budget and attendant surcharge rate changes.
b) With the assistance of its advisory committees and task forces, investigate and evaluate policy, financial, and operational issues pertaining to the programs. Proposals submitted to the program by vendors or by the Primary Service Provider shall be submitted simultaneously to the Committee and to Commission staff.
c) Review operational reports monthly in order to identify areas needing correction and/or improvement.
d) Initiate recommendations to the Commission, and submit to the Commission recommendations initiated by the advisory committees for changes in the programs that have policy or budgetary implications. The Committee's recommendations will include but not be limited to recommendations for new equipment and/or services. The originator (i.e., task force, advisory committee, or administrative committee) of any recommendations is expected to justify the appropriateness, cost effectiveness, and program efficiency improvement aspects of the recommendations. Committee recommendations will be made in writing to the Commission's Executive Director who will take appropriate action for review of all recommendations.
e) Review the claims submitted by vendors for consistency with the approved annual budget, and report findings to Commission staff. The Committee will review expenditure reports for accuracy and completeness, and to the extent possible from the reports, for appropriateness to the budget.
f) Recommend to the Commission surcharge rate changes.
g) Review the charters of and generally oversee the activities of its advisory committees.
h) Adopt a standard equipment list for the disabled programs as recommended by the Equipment Program Advisory Committee.
i) Notify the Executive Director of member appointments to the TADDAC and to the permanent advisory committees. Seat new members after Executive Director determines that there are no conflict of interest issues.
j) Establish new member positions on the TADDAC and on the permanent advisory committees, subject to the budgetary constraints described in Section 3.1.
k) Develop procedures for the replacement of its members and of members of its advisory committees who are unable to serve their full terms.
l) Create such task forces as it believes are necessary or appropriate to carry out its functions.
m) File an annual report with the Commission.
n) Assign a maximum of two members of the TADDAC and/or its advisory committees to assist Commission staff in development of specifications and requirements for RFPs and IFBs relating to the program.
o) Perform such other duties as may from time to time be imposed on it by the Commission.
p) Perform other activities necessary and appropriate to accomplish the purpose and responsibilities of the TADDAC.
q) The Committee will specify those members or other designees authorized to represent the views of the Committee in public. At all times, members will clearly designate whether they represent the views of the Committee, the views of their community, utility, or state agency division, or their own individual views. The Committee does not represent the views of the Commission unless requested to do so by the Commission.
4.2 Administrative and Legal Assistance: The Executive Director shall assign three Commission staff as non-voting liaisons to the TADDAC for the purposes of providing administrative and legal assistance. These liaisons shall not be members of the Committee and shall have no vote.
a) One liaison, from the Commission's Telecommunications Division, or its successor, who shall be appointed by the Director of that division. This non-voting liaison shall also assist the Committee in the development of each proposed fiscal year program budget and in the preparation and filing of the annual report.
b) One liaison, from the Commission's Information and Management Services Division, or its successor, who shall be appointed by the Director of that division, shall provide the Committee with monthly reports on the financial status of the program.
c) One liaison, from the Commission's Legal Division, or its successor, who shall be appointed by the Commission's General Counsel, shall provide the Committee with legal advice, upon request.
5. ARTICLE FIVE: MEETINGS AND RECORDS
5.1 General. The TADDAC shall act only in the course of a duly noticed meeting. The Committee shall hold such meetings as it shall decide are necessary or appropriate in order to carry out its functions, but in no event less frequently than once per month. Additionally, each February a meeting of TADDAC, the California Relay Service Advisory Committee and the Equipment Program Advisory Committee will be held for the purpose of jointly discussing DDTP goals for the coming year. The succeeding meeting, place, time, and location shall be scheduled at the preceding meeting. Notification of the date, place, and time of each meeting shall be given to each member and shall be published as required by the Bagley-Keene Open Meeting Act (Gov. Code §§ 11120 et seq.) and in the Commission's Daily Calendar at least ten (10) calendar days in advance of the meeting. Unless another location is stated in the notice, meetings shall be at the DDTP offices. Notice shall include the name, address, and telephone number of a person who can provide additional information prior to the meeting, as well as a brief general description of the business to be transacted and shall highlight important pending decisions, including those to be sent to the Commission for approval. The agenda, once published, shall not be revised ten (10) days prior to the meeting. The Committee may take action on an item of business not appearing on the published agenda, as long as the action is taken in accordance with Gov. Code § 11125.3.
5.2 Open Meetings. All meetings shall be open to the public and shall be held in accordance with the provisions of the Bagley-Keene Open Meetings Act. A copy of the Act shall be given to all existing and new members of the Committee. All meetings shall be conducted pursuant to Robert's Rules of Order, 10th Edition (Year 2000) and in accordance with Government Code Sections 1120ff.
5.3 Quorum. A majority of the members of the Committee shall constitute a quorum for the transaction of business. No action shall be taken at any meeting unless a quorum is present. Each voting member shall have one vote, and the Committee may take action by vote of a majority of the members present and voting at a meeting at which a quorum is present. A majority of the members present at a meeting, whether or not a quorum is present, may adjourn the meeting to another time and place. Any adjourned meeting shall be subject to the same notice requirements as a regular meeting.
5.4 Proxies. A member may be represented at any meeting by oral or written authorization by that member to the chair, naming a designated individual to represent that member at a specified, noticed meeting. Notification must be made to the chair in advance of the meeting, and must be given orally or in writing before the time of the meeting. Any proxy may be revoked at any time before the meeting begins by oral or written notice to the chair by the member who gave the proxy. By traditional Committee practice, it is expected that proxies be from the same representative group as the member.
5.5 Commission Contact. The Committee may contact the Commission through the Commission's Executive Director or his or her designee for advice on any matter or to refer any unresolved issue for settlement by the Commission's Telecommunications Division.
5.6 Public Participation. The TADDAC shall provide an opportunity for members of the public to address the Committee directly on each agenda item before or during the Committee's discussion or consideration of the item.
5.7 Records. The Primary Service Provider liaison shall ensure that written minutes are taken of TADDAC meetings. Written minutes shall: (a) identify the date, time, and place of the meeting; (b) identify the Committee members and non-voting liaisons in attendance, and (c) contain a summary. Draft minutes shall be provided to members prior to the next regular meeting in order to allow sufficient time for the members to review them for adoption at that meeting. Copies of the minutes shall be provided to the Commission or any interested party upon request.
5.8 Copies of the Committee's public documents that are subject to the Public Records Act may be requested from the Committee and the Committee shall provide them within a reasonable time.
6. ARTICLE SIX: OFFICERS
6.1 Two Officers. The TADDAC shall have two officers, a Chair and a Vice-Chair, both of whom shall be members of the Committee. The officers shall be elected by the members of the Committee to serve a term of one year, and they may be re-elected. An officer shall continue to hold office until a successor has been elected and assumes office. However, if an officer ceases to be the designated representative of a class or entity as described in Paragraph 3.3, the officer's appointment shall terminate upon the date that the officer's affiliation ceases.
6.2 Duties. The Chair shall be the executive officer and shall be responsible for the general supervision and direction of the affairs of the Committee. The Chair shall preside at all meetings of the Committee. In the absence of the Chair, the Vice-Chair shall perform the duties of that office. If the Chair and Vice-Chair are unavailable for a meeting where a quorum nevertheless exists, the Committee may appoint a Chair Pro-Tem for that meeting. The officers shall perform such other duties as from time to time may be prescribed by the Committee, with the assistance of the Telecommunications Division liaison, as needed.
7. ARTICLE SEVEN: ADVISORY COMMITTEES
7.1 General. The Committee shall have two permanent advisory committees reporting to it, the Equipment Program Advisory Committee and the California Relay Service Advisory Committee. The TADDAC shall seek Commission approval by recommendation to the Commission's Executive Director for any additional permanent committees it believes have become necessary or advisable in connection with the programs. The role of the advisory committees is limited to the responsibilities expressed herein and in their respective Charters or as expanded by the Committee with Commission approval. Both committees shall report each month to the TADDAC on their activities and any issues that these committees want to bring forward to the TADDAC for discussion and approval as necessary.
7.2 Equipment Program Advisory Committee. The purposes of the Equipment Program Advisory Committee are to recommend to the TADDAC and update, as new technology is developed, a standard equipment list for the programs, to develop procedures for evaluating new products, and to make recommendations for policy changes with respect to the quality, efficiency, and cost effectiveness of both equipment and service in the equipment distribution program. The Committee shall have the authority to meet with potential vendors in reviewing and assessing new technology and equipment designed to address the telecommunications needs of deaf and disabled individuals.
7.3 California Relay Service Advisory Committee. The purpose of the California Relay Service Advisory Committee is to make recommendations to the TADDAC with respect to the quality and efficiency of relay services, including procedures for the conduct of calls and effective means of implementing its recommendations. The Advisory Committee will also make recommendations on options for controlling expenses and increasing program efficiency. The Committee shall also have responsibility for evaluating the effectiveness of the relay service vendors by establishing service standards and performing surveys and analysis to determine actual performance. The Committee shall have the authority to make recommendations on future relay service contract requirements and specifications. Further, the Committee shall be responsible for ascertaining compliance with Federal TRS requirements as established by the FCC.
7.4 Membership. The TADDAC will appoint persons to the advisory committees, subject to review of conflict of interest statements by the Commission's Executive Director as provided in Article III, above. The terms of the members of advisory committees shall be staggered, with one-fourth of the membership of each committee appointed each year. Members will be appointed for four-year terms. A member may be reappointed, but no member of an advisory committee shall serve for more than two consecutive full terms. After serving two consecutive full terms, a member is ineligible to serve another term, including serving as a proxy, until that individual has been off the committee for one full term. After a hiatus of at least one full term, an individual will be eligible for nomination. Vacancies for expired terms will be filled for a full, four-year term; vacancies for un-expired terms will be filled for the remainder of the un-expired term.
8. ARTICLE EIGHT: EFFECTIVE DATE AND
AMENDMENTS
8.1 Effective Date. This Charter shall become effective on July 1, 2003, if approved by the Commission before that date. If not approved by the Commission by July 1, 2003, the Charter shall become effective on the date it is approved by the Commission.
8.2 Amendments. This Charter may be amended by vote of two-thirds of the members of the TADDAC, and approval of the proposed amendment by the Commission. No amendment shall be effective unless and until the amendment has been approved by the Commission. This Charter is subject to amendment, termination or revocation at any time by order of the Commission, after public notice and an opportunity for public participation.
9. ARTICLE NINE: LIMITATION ON POWER AND
AUTHORITY
9.1 While the TADDAC shall have the power and authority to function consistent with this Charter, and in particular, to carry out the duties and responsibilities specified in Article Four of this Charter, it shall not have the authority to direct telecommunications carriers to act or refrain from acting. Such authority shall remain solely with the Commission.
9.2 The members of the TADDAC in the performance of their duties and in the actions taken by the Committee shall at all times be subject to the direction, control and approval of the Commission.
This Charter is hereby modified in response to R.03-03-014 issued March 13, 2003 and is executed on ______________.
Member_
Member_
Member_
Member_
Member_
Member_
Member_
Member_
Charter Attachment
Telecommunications Access for the Deaf and Disabled
Administrative Committee
Current Membership Term Expiration Dates
Speech-to-Speech User Community
Term Expires January 2005
Hard-of-Hearing Community
Term Expires August 2005
Disabled Community Representative
Term Expires August 2005
Statewide Deaf Organization
Term Expires August 2004
Deaf Community at Large
Term Expires August 2003
Disabled Community
Term Expires August 2004
Late-Deafened Community
Term Expires March 2003
Office of Ratepayer Advocates
Term Expires July 2007
Non-voting Liaisons
California Public Utilities Commission
Telecommunications Division Liaison
California Public Utilities Commission
Information and Management Services Division Liaison
California Public Utilities Commission
Legal Division Liaison
DDTP Primary Service Provider
CRS Network Management Services contractor
Each CRS provider
Major Equipment Vendor to DDTP
2. CHARTER
of the
CALIFORNIA RELAY SERVICE ADVISORY COMMITTEE
1. ARTICLE ONE: NAME
1.1 Name: The name of this committee shall be the California Relay Service Advisory Committee (Committee or CRSAC).
2. ARTICLE TWO: PURPOSE
2.1 Purpose of the Committee: The CRSAC, an advisory committee of the Deaf and Disabled Telecommunications Program, serves in an advisory capacity to the Telecommunications Access for the Deaf and Disabled Administrative Committee (TADDAC) in connection with the provision of relay services mandated by Section 2881 of the Public Utilities Code, for providing telecommunications access for persons with functional limitations of hearing, vision, movement, manipulation, speech, cognition, and interpretation of information.
3. ARTICLE THREE: MEMBERSHIP AND NON-VOTING LIAISONS
3.1 Members. The CRSAC shall be composed of six voting members.
3.1.1 Voting Members: Voting members shall include: one from the hard-of-hearing community, two from the deaf community, one from the late-deafened community, one from the speech-disabled community and one member of the hearing community, well versed in the use of the CRS. The CRSAC may, at its discretion, expand the number of voting members to include other significant disability groups which it deems to deserve membership. The total number of voting members shall not exceed eight. The TADDAC must ask the Executive Director to determine if there is adequate program funding to support per diem and expenses for additional CRSAC members. If the Executive Director determines that current funding is not adequate, the expansion of the committee membership will be deferred to the next budget cycle.
3.1.2 Non-voting Liaisons. The non-voting liaisons shall consist of the California Public Utilities Commission's (CPUC or Commission) Deaf and Disabled Telecommunications Program liaison from the Telecommunications Division, one representative from each California Relay Service provider, one from a telecommunications-related vendor to the DDTP, and one from the Primary Service Provider (PSP). The Primary Service Provider is the contractor chosen to operate and manage the DDTP program. The TD liaison shall report on future plans for the DDTP program at each committee meeting, and solicit input as appropriate.
3.1.3 The non-voting liaisons are to attend meetings as long as their contracts require attendance, but their attendance shall not be counted in determining whether a quorum is present. The members of CRSAC may determine that they do not need input from specific utility or vendor non-voting liaisons. The CRSAC shall notify those entities in writing that they are not obliged to attend CRSAC meetings.
3.2 Selection of Members. Potential members of the Committee shall be nominated by the organizations or constituencies they are to represent. CRSAC shall review the nominees and forward its selection to the TADDAC for approval. Proposed new members must complete a Conflict of Interest statement for review and approval by the Commission's Executive Director prior to serving on the CRSAC.
3.3 Qualifications of Members. In general, members shall have professional or technical expertise sufficient to enable them to be conversant with the responsibilities of the CRSAC. Consumer members should be able to demonstrate organizational or other ties to the constituency they are representing and, in addition, they should not be employed by or represent the interests of any vendors or distributors who are providing or who may in the future provide equipment or services for the Deaf and Disabled Telecommunications Program, consistent with the Disclosure and Conflict of Interest Policy attached to this charter.
3.4 Term of Appointment. The current members of the CRSAC will be grandfathered to the board of the new CRSAC. The members will serve out their remaining terms, which are staggered. A current list of member position expiration dates is attached. If any current members are unable to serve out the remainder of their terms, a replacement will be selected to fill the vacancy. Thereafter, members will be appointed for four-year terms. At least one voting member shall be in each group of nominees annually. A member may be reappointed, but no member shall serve for more than two consecutive full terms. Partial terms of two years or less shall not be counted as full terms. After serving two consecutive full terms, a member is ineligible to serve another term, including serving as a proxy, until that individual has been off the committee for one full term. After a hiatus of at least one full term, an individual will be eligible for nomination. A member of one DDTP committee who has served two consecutive full terms on that committee may be nominated to serve on a different DDTP committee after a two year hiatus from any DDTP committee membership.
A member shall hold office until a successor has been appointed and has assumed office or until the member has been removed in accordance with Paragraph 3.5 or has resigned in accordance with Paragraph 3.6. If for any reason, a member ceases to be a designated representative of the respective class or entity upon which his or her membership is based, the member's appointment shall terminate as of the date that affiliation ceases.
3.5 Removal. Any member may be removed at any time by the Commission's Executive Director, in accordance with procedures adopted by the Executive Director. Also, two-thirds of the CRSAC members present and voting may vote to remove a member upon demonstration of reasonable cause, provided, however, that reasonable cause may not include any policy position taken by the member as a member of the committee. Final authority to remove a member at CRSAC's recommendation rests with the TADDAC. Members who fail to attend three consecutive meetings without just cause or proxy may be subject to removal from the committee. The member in question has the right to hear the complaints or accusations related to the request for resignation and has the right to rebut such complaints or accusations either in writing or in person before the Committee.
3.6 Resignation. Any member who wants to resign should give thirty (30) days written notice to the then-acting chair of the Committee. The member's appointment shall terminate upon the expiration of the thirty (30) day notification period.
3.7 Vacancies. The organization or constituency whose seat is vacated shall nominate an individual to fill that vacancy, and the CRSAC shall make a recommendation of the individual to fill that vacancy. Final selection shall be made by the TADDAC according to the process in Section 3.2. Expired term vacancies will be filled with full-term appointments; un-expired term vacancies will be filled for the remainder of the term.
3.8 Indemnification. Members of the CRSAC who are not Commission staff are uncompensated servants of the State of California within the meaning of Gov. Code § 810.2. Accordingly, the State will indemnify Committee members as it indemnifies its compensated employees and will provide them with representation for their acts done within the course and scope of the services they perform for the CRSAC, pursuant to Gov. Code §§ 815-825.6 and 995-996.6. The DDTP budget may include the purchase of Errors and Omissions (E&O) and Directors and Officers (D&O) or similar insurance to indemnify Committee members for acts done within the course the scope of services performed for the CRSAC, to the extent that such activities are held not to be indemnified by the State under Gov. Code §§ 810.2, 825-825.6 and/or 995-996.6.
3.9 Expenses and Per Diem. Members of the CRSAC who are not employees of utilities, the Commission, or other governmental agencies of the State of California shall be entitled to reimbursement from the Committee Fund of reasonable expenses and/or per diem incurred in connection with their service on the Committee or subcommittees of the Committee authorized by the Commission, in accordance with Pub. Util. Code § 271(f). Per diem and expenses are authorized for meetings CRSAC members attend at the request of the Telecommunications Director. The per diem shall be $300 for each day of meetings attended by the eligible members or $200 if the meeting lasts for less than approximately two hours. Reasonable expenses shall include transportation, lodging, meals and incidental expenses incurred in connection with service on the Committee, in conformance with Commission rules and regulations for Commission management employees, as outlined in Standard Form 262. Committee members who do not have internet access through the organization they represent will be reimbursed for basic internet access.
There shall be no per diem for preparation work. For each CRSAC member who is an employee of a governmental agency of the State of California, trade association or consumer group, payments for per diem and expense reimbursement related to the member's participation in the CRSAC shall go to the member's employer unless the member can show justification for receiving these monies directly.
Eligible Committee members must seek reimbursement of expenses and per diem through the state's Travel Expense Claim (TEC) process. Completed TECs must be submitted to the Commission's Telecommunications Division for review. The director of the Telecommunications Division will assign a designated staff member to review, and if appropriate, approve payment.
Committee members shall not be eligible to receive intervenor compensation under Pub. Util. Code §§ 1801 et seq. for their work related to the CRSAC.
4. ARTICLE FOUR: DUTIES AND RESPONSIBILITIES
4.1 Duties: The CRSAC shall have the following duties and responsibilities. While performing these duties and responsibilities, the Committee shall act in an advisory capacity to the TADDAC.
a) Serve as the Advisory Body to the TADDAC, advising them on all matters pertaining to the CRS.
b) Review all policies, programs, procedures, financial and operational issues, and actions that affect the CRS service, quality and cost, and make appropriate recommendations to the TADDAC, including recommendations on procedures for the conduct of calls, options for controlling expenses and increasing program efficiency, and effective means of implementing the recommendations.
c) Identify the needs of all current and potential CRS users and create a public awareness of these needs in such areas as facilitation of communication, sensitivity, extent of the need, and significant benefits to CRS users.
d) Provide Commission staff with recommendations on future relay service contract requirements and specifications.
e) Assess the feasibility of new program initiatives and improvements.
f) Provide representation on any specially created Task Force.
g) Recruit and/or retain CRS consumers to be a CRS Quality Measurement Team (QMT).
h) Perform other functions and duties as may be directed by the TADDAC or the CPUC.
i) Perform other activities necessary and appropriate to accomplish the purpose and responsibilities of the CRSAC.
5. ARTICLE FIVE: MEETINGS AND RECORDS
5.1 General. The CRSAC shall act only in the course of a duly noticed meeting. The Committee shall hold such meetings as it shall decide are necessary or appropriate in order to carry out its functions, but in no event less frequently than once per month. Additionally, each February a meeting of TADDAC, the CRSAC and the Equipment Program Advisory Committee will be held for the purpose of jointly discussing DDTP goals for the coming year. The succeeding meeting, place, time, and location shall be scheduled at the preceding meeting. Notification of the date, place, and time of each meeting shall be given to each member and shall be published as required by the Bagley-Keene Open Meeting Act (Gov. Code §§ 11120 et seq.) and in the Commission's Daily Calendar at least ten (10) calendar days in advance of the meeting. Unless another location is stated in the notice, meetings shall be at the DDTP offices. Notice shall include the name, address, and telephone number of a person who can provide additional information prior to the meeting, as well as a brief, general description of the business to be transacted and shall highlight important pending decisions, including those to be sent to the TADDAC as recommendations or notification. The agenda, once published, shall not be revised ten (10) days prior to the meeting. The Committee may take action on an item of business not appearing on the published agenda, as long as the action is taken in accordance with Gov. Code § 11125.3.
5.2 Open Meetings. All meetings shall be open to the public and shall be held in accordance with the provisions of the Bagley-Keene Open Meetings Act. A copy of the Act shall be given to all existing and new members of the Committee. All meetings shall be conducted pursuant to Robert's Rules of Order, 10th Edition (Year 2000) and in accordance with Government Code Sections 1120ff.
5.3 Quorum. A majority of the members of the Committee shall constitute a quorum for the transaction of business. No action shall be taken at any meeting unless a quorum is present. Each voting member shall have one vote, and the Committee may take action by vote of a majority of members present and voting at a meeting at which a quorum is present. A majority of the members present at meeting, whether or not a quorum is present, may adjourn the meeting to another time and place. Any adjourned meeting shall be subject to the same notice requirements as a regular meeting.
5.4 Proxies. A member may be represented at any meeting by oral or written authorization by that member to the chair, naming a designated individual to represent that member at a specified, noticed meeting. Notification must be made to the chair in advance of the meeting, and must be given orally or in writing before the time of the meeting. Any proxy may be revoked at any time before the meeting begins by oral or written notice to the chair by the member who gave the proxy. By traditional Committee practice, it is expected the proxies be from the same representative group as the member.
5.5 Public Participation. The CRSAC shall provide an opportunity for members of the public to address the Committee directly on each agenda item before or during the Committee's discussion or consideration of the item.
5.6 Records. The Primary Service Provider liaison shall ensure that written minutes are taken of CRSAC meetings. Written minutes of each meeting shall: (a) identify the date, time, and place of the meeting; (b) identify the Committee members and non-voting liaisons in attendance, and (c) contain a summary. Draft minutes shall be provided to members prior to the next regular meeting in order to allow sufficient time for the members to review them for adoption at that meeting. Copies of the minutes shall be provided to the Commission or any interested party upon request.
5.7 Copies. Copies of the Committee's public documents that are subject to the Public Records act may be requested from the Committee and the Committee shall provide them within a reasonable time.
6. ARTICLE SIX: OFFICERS
6.1 Two Officers. The CRSAC shall have two officers, a Chair and a Vice-Chair, both of whom shall be members of the Committee. The officers shall be elected by the members of the Committee to serve a term of one year, and they may be re-elected. An officer shall continue to hold office until a successor has been elected and assumed office. However, if an officer ceases to be the designated representative of a class or entity as described in Paragraph 3.2, the officer's appointment shall terminate upon the date that the officer's affiliation ceases.
6.2 Duties. The Chair shall be the executive officer and shall be responsible for the general supervision and direction of the affairs of the Committee. The Chair shall preside at all meetings of the Committee. In the absence of the Chair, the Vice-Chair shall perform the duties of that office. If the Chair and Vice-Chair are unavailable for a meeting where a quorum nevertheless exists, the Committee may appoint a Chair Pro-Tem for that meeting. The officers shall perform such other duties as from time to time may be prescribed by the Committee, with the assistance of the Telecommunications Division liaison, as needed.
7. ARTICLE SEVEN: EFFECTIVE DATE AND
AMENDMENTS
7.1 Effective Date. This Charter shall become effective on July 1, 2003 if approved by the Commission before that date. If not approved by the Commission by July 1, 2003, the Charter shall become effective on the date it is approved by the Commission.
7.2 Amendments. This Charter may be amended by a two-thirds vote of the members of the CRSAC and approval of the proposed amendment by the TADDAC. The TADDAC will then submit the amendment to the Commission for its approval. No amendment shall be effective unless and until the amendment has been approved by the Commission. This Charter is subject to amendment, termination or revocation at any time by order of the Commission, after public notice and an opportunity for public participation.
8. ARTICLE EIGHT: LIMITATION ON POWER AND
AUTHORITY
8.1 While the CRSAC shall have the power and authority to function consistent with this Charter, and in particular, to carry out the duties and responsibilities specified in Article Four of this Charter, it shall not have the authority to direct telecommunications carriers to act or refrain from acting. Such authority shall remain solely with the Commission.
8.2 The members of the CRSAC in the performance of their duties and in the actions taken by the Committee shall at all times be subject to the direction, control and approval of the Commission.
This Charter is hereby modified in response to R.03-03-014 issued March 13, 2003 and is executed on ______________.
Member_
Member_
Member_
Member_
Member_
Member_
Charter Attachment
California Relay Service Advisory Committee
Current Membership Term Expiration Dates
Speech Disabled Community
Term Expires October 2002
Hearing Community
Term Expires October 2003
Late-Deafened Community
Term Expires October 2004
Hard-of-Hearing CommunityTerm Expires October 2005
Deaf Community
Term Expires October 2004
Deaf Community
Term Expires October 2003
Non-Voting Liaisons
California Public Utilities Commission
Telecommunications Division Liaison
DDTP Primary Service Provider
CRS Network Management Services contractor
Each CRS service provider
Telecommunications-related vendor to the DDTP
3. CHARTER
of the
EQUIPMENT PROGRAM ADVISORY COMMITTEE
1. ARTICLE ONE: NAME
1.1 Name: The name of this committee shall be the Equipment Program Advisory Committee (Committee or EPAC).
2. ARTICLE TWO: PURPOSE
2.1 Purpose of the Committee: The EPAC, an advisory committee of the Deaf and Disabled Telecommunications Program, serves in an advisory capacity to the Telecommunications Access for the Deaf and Disabled Administrative Committee (TADDAC) in connection with equipment programs mandated by Section 2881 of the Public Utilities Code for providing telecommunications access for persons with functional limitations of hearing, vision, movement, manipulation, speech, cognition, and interpretation of information, and to recommend and update, as new technology is developed, a standard equipment list for the programs, to develop procedures for evaluating new products, and to make recommendations for policy changes with respect to the quality of both equipment distribution and service provision.
3. ARTICLE THREE: MEMBERSHIP AND NON-VOTING
LIAISONS
3.1 Members. The EPAC shall be composed of five voting members.
3.1.1 Voting Members: Voting members shall include the following: one from the hard-of-hearing community, two from the disabled community, one from the deaf community, and one from the senior citizen community. The EPAC may, at its discretion, expand the number of voting members to include other significant disability groups that it deems to deserve membership. The total number of voting members shall not exceed seven. The TADDAC must ask the Executive Director to determine if there is adequate program funding to support per diem and expenses for additional EPAC members. If the Executive Director determines that current funding is not adequate, the expansion of the committee membership will be deferred to the next budget cycle.
3.1.2 Non-voting Liaisons. The non-voting liaisons shall consist of the California Public Utilities Commission's (CPUC or Commission) Deaf and Disabled Telecommunications Program liaison from the Telecommunications Division, one representative of a California Relay Service provider, three representatives from telecommunications exchange carriers or vendors to the DDTP, and a representative from the Primary Service Provider (PSP). The Primary Service Provider is the contractor chosen to operate and manage the DDTP program. The TD liaison shall report on future plans for the DDTP program at each committee meeting, and solicit input as appropriate.
3.1.3 The non-voting liaisons are to attend the meetings, as long as their contracts require attendance, but their attendance shall not be counted in determining whether a quorum is present. The members of EPAC may determine that they do not need input from specific utility or vendor non-voting liaisons. The EPAC shall notify those entities in writing that they are not obliged to attend EPAC meetings.
3.2 Selection of Members. Potential members of the Committee shall be nominated by the organizations or constituencies they are to represent. EPAC shall review the nominees and forward its selection to the TADDAC for approval. Proposed new members must complete a Conflict of Interest statement for review and approval by the Commission's Executive Director prior to serving on the EPAC.
3.3 Qualifications of Members. In general, members shall have professional or technical expertise sufficient to enable them to be conversant with the responsibilities of the EPAC. Consumer members should be able to demonstrate organizational or other ties to the constituency they represent and, in addition, they should not be employed by or represent the interests of any vendors or distributors who are providing or who may in the future provide equipment or services for the Deaf and Disabled Telecommunications Program, consistent with the Disclosure and Conflict of Interest Policy attached to this charter.
3.4 Term of Appointment. The current members of the EPAC will be grandfathered to the board of the new EPAC. The members will serve out their remaining terms, which are staggered. A current list of member position expiration dates is attached. If any current members are unable to serve out the remainder of their terms, a replacement will be selected to fill the vacancy. Thereafter, members will be appointed for four-year terms. At least one voting member shall be in each group of nominees annually. A member may be reappointed, but no member shall serve for more than two consecutive full terms. Partial terms of two years or less shall not be counted as full terms. After serving two consecutive full terms, a member is ineligible to serve another term, including serving as a proxy, until that individual has been off the committee for one full term. After a hiatus of at least one full term, an individual will be eligible for nomination. A member of one DDTP committee who has served two consecutive full terms on that committee may be nominated to serve on a different DDTP committee after a two year hiatus from any DDTP committee membership.
A member shall hold office until a successor has been appointed and has assumed office or until the member has been removed in accordance with Paragraph 3.5 or has resigned in accordance with Paragraph 3.6. If for any reason, a member ceases to be a designated representative of the respective class or entity upon which his or her membership is based, the member's appointment shall terminate as of the date that affiliation ceases.
3.5 Removal. Any member may be removed at any time by the Commission's Executive Director, in accordance with procedures adopted by the Executive Director. Also, two-thirds of the EPAC members present and voting may vote to remove a member upon demonstration of reasonable cause, provided, however, that reasonable cause may not include any policy position taken by the member as a member of the committee. Final authority to remove a member at EPAC's recommendation rests with the TADDAC. Members who fail to attend three consecutive meetings without just cause or proxy may be subject to removal from the committee. The member in question has the right to hear the complaints or accusations related to the request for resignation and has the right to rebut such complaints or accusations either in writing or in person before the Committee.
3.6 Resignation. Any member who wants to resign should give thirty (30) days written notice to the then-acting chair of the Committee. The member's appointment shall terminate upon the expiration of the thirty (30) day notification period.
3.7 Vacancies. The organization or constituency whose seat is vacated shall nominate an individual to fill that vacancy, and the EPAC shall make a recommendation of the individual to fill that vacancy. Final selection shall be made by the TADDAC according to the process in Section 3.2. Expired term vacancies will be filled with full-term appointments; un-expired term vacancies will be filled for the remainder of the term.
3.8 Indemnification. Members of the EPAC who are not Commission staff are uncompensated servants of the State of California within the meaning of Gov. Code § 810.2. Accordingly, the State will indemnify Committee members as it indemnifies its compensated employees and will provide them with representation for their acts done within the course and scope of the services they perform for the EPAC, pursuant to Gov. Code §§ 815-825.6 and 995-996.6. The DDTP budget may include the purchase of Errors and Omissions (E&O) and Directors and Officers (D&O) or similar insurance to indemnify Committee members for acts done within the course the scope of services performed for the EPAC, to the extent that such activities are held not to be indemnified by the State under Gov. Code §§ 810.2, 825-825.6 and/or 995-996.6.
3.9 Expenses and Per Diem. Members of the EPAC who are not employees of utilities, the Commission, or other governmental agencies of the State of California shall be entitled to reimbursement from the Committee Fund of reasonable expenses and/or per diem incurred in connection with their service on the Committee or subcommittees of the Committee authorized by the Commission, in accordance with Pub. Util. Code § 271(f). Per diem and expenses are authorized for meetings EPAC members attend at the request of the Telecommunications Director. The per diem shall be $300 for each day of meetings attended by the eligible members or $200 if the meeting lasts for less than approximately two hours. Reasonable expenses shall include transportation, lodging, meals and incidental expenses incurred in connection with service on the Committee, in conformance with Commission rules and regulations. Travel expenses will be reimbursed at the same rates as provided for Commission management employees, as outlined in Standard Form 262. Committee members who do not have internet access through the organization they represent will be reimbursed for basic internet access.
There shall be no per diem for preparation work. For each EPAC member who is an employee of a governmental agency of the State of California, trade association or consumer group, payments for per diem and expense reimbursement related to the member's participation in the EPAC shall go to the member's employer unless the member can show justification for receiving these monies directly.
Eligible Committee members must seek reimbursement of expenses and per diem through the state's Travel Expense Claim (TEC) process. Completed TECs must be submitted to the Commission's Telecommunications Division for review. The director of the Telecommunications Division will assign a designated staff member to review, and if appropriate, approve payment.
Committee members shall not be eligible to receive intervenor compensation under Pub. Util. Code §§ 1801 et seq. for their work related to the EPAC.
4. ARTICLE FOUR: DUTIES AND RESPONSIBILITIES
4.1 Duties: The EPAC shall have the following duties and responsibilities. While performing these duties and responsibilities, the Committee shall act in an advisory capacity to the TADDAC.
a) Develop a Standard List of Telecommunication Devices for the program (hereafter referred to as the List);
b) Upon development of the first List, transmit it to the TADDAC for approval and submission to the Commission, and thereafter, in compliance with following paragraphs C. and D., amend the List and transmit it for approval;
c) Review and update the List, at least three times each year, taking into consideration new technology and advances in science and engineering;
d) Establish detailed written operating procedures for new product consideration, which will include field trial, engineering evaluation, review of cost-effectiveness, and basis for recommendations for adding any new product to the List.
e) Assess the feasibility of new program initiatives and improvements;
f) Provide representation on any specially created Task Force.
g) Provide policy recommendations relating to both equipment and service quality in the equipment distribution program to the TADDAC;
h) Perform other activities necessary and appropriate to accomplish the purpose and responsibilities of the EPAC.
i) Perform other functions and duties, as may be directed by the TADDAC or the CPUC
5. ARTICLE FIVE: MEETINGS AND RECORDS
5.1 General. The EPAC shall act only in the course of a duly noticed meeting. The Committee shall hold such meetings as it shall decide are necessary or appropriate in order to carry out its functions, but in no event less frequently than once per month. Additionally, each February a meeting of TADDAC, the California Relay Service Advisory Committee and the EPAC will be held for the purpose of jointly discussing DDTP goals for the coming year. The succeeding meeting, place, time, and location shall be scheduled at the preceding meeting. Notification of the date, place, and time of each meeting shall be given to each member and shall be published as required by the Bagley-Keene Open Meeting Act (Gov. Code §§ 11120 et seq.) and in the Commission's Daily Calendar at least ten (10) calendar days in advance of the meeting. Unless another location is stated in the notice, meetings shall be at the DDTP offices. Notice shall include the name, address, and telephone number of a person who can provide additional information prior to the meeting, as well as a brief, general description of the business to be transacted and shall highlight important pending decisions, including those to be sent to the TADDAC as recommendations or notification. The agenda, once published, shall not be revised ten (10) days prior to the meeting. The Committee may take action on an item of business not appearing on the published agenda, as long as the action is taken in accordance with Gov. Code § 11125.3.
5.2 Open Meetings. All meetings shall be open to the public and shall be held in accordance with the provisions of the Bagley-Keene Open Meetings Act. A copy of the Act shall be given to all existing and new members of the Committee. All meetings shall be conducted pursuant to Robert's Rules of Order, 10th Edition (Year 2000) and in accordance with Government Code Sections 1120ff.
5.3 Quorum. A majority of the members of the Committee shall constitute a quorum for the transaction of business. No action shall be taken at any meeting unless a quorum is present. Each voting member shall have one vote, and the Committee may take action by vote of a majority of members present and voting at a meeting at which a quorum is present. A majority of the members present at meeting, whether or not a quorum is present, may adjourn the meeting to another time and place. Any adjourned meeting shall be subject to the same notice requirements as a regular meeting.
5.4 Proxies. A member may be represented at any meeting by oral or written authorization by that member to the chair, naming a designated individual to represent that member at a specified, noticed meeting. Notification must be made to the chair in advance of the meeting, and must be given orally or in writing before the time of the meeting. Any proxy may be revoked at any time before the meeting begins by oral or written notice to the chair by the member who gave the proxy. By traditional Committee practice, it is expected that proxies be from the same representative group as the member.
5.5 Public Participation. The EPAC shall provide an opportunity for members of the public to address the Committee directly on each agenda item before or during the Committee's discussion or consideration of the item.
5.6 Records. The Primary Service Provider liaison shall ensure that written minutes are taken of EPAC meetings. Written minutes of each meeting shall: (a) identify the date, time, and place of the meeting; (b) identify the Committee members and non-voting liaisons in attendance, and (c) contain a summary. Draft minutes shall be provided to members prior to the next regular meeting in order to allow sufficient time for the members to review them for adoption at that meeting. Copies of the minutes shall be provided to the Commission or any interested party upon request.
5.7 Copies. Copies of the Committee's public documents that are subject to the Public Records act may be requested from the Committee and the Committee shall provide them within a reasonable time.
6. ARTICLE SIX: OFFICERS
6.1 Two Officers. The EPAC shall have two officers, a Chair and a Vice-Chair, both of whom shall be members of the Committee. The officers shall be elected by the members of the Committee to serve a term of one year, and they may be re-elected. An officer shall continue to hold office until a successor has been elected and assumed office. However, if an officer ceases to be the designated representative of a class or entity as described in Paragraph 3.3, the officer's appointment shall terminate upon the date that the officer's affiliation ceases.
6.2 Duties. The Chair shall be the executive officer and shall be responsible for the general supervision and direction of the affairs of the Committee. The Chair shall preside at all meetings of the Committee. In the absence of the Chair, the Vice-Chair shall perform the duties of that office. If the Chair and Vice-Chair are unavailable for a meeting where a quorum nevertheless exists, the Committee may appoint a Chair Pro-Tem for that meeting. The officers shall perform such other duties as from time to time may be prescribed by the Committee, with the assistance of the Telecommunications Division liaison, as needed.
7. ARTICLE SEVEN: EFFECTIVE DATE AND
AMENDMENTS
7.1 Effective Date. This Charter shall become effective on July 1, 2003 if approved by the Commission before that date. If not approved by the Commission by July 1, 2003, the Charter shall become effective on the date it is approved by the Commission.
7.2 Amendments. This Charter may be amended by vote of the two-thirds of the members of the EPAC and approval of the proposed amendment by the TADDAC. The TADDAC will then submit the amendment to the Commission for approval. No amendment shall be effective unless and until the amendment has been approved by the Commission. This Charter is subject to amendment, termination or revocation at any time by order of the Commission, after public notice and an opportunity for public participation.
8. ARTICLE EIGHT: LIMITATION ON POWER AND
AUTHORITY
8.1 While the EPAC shall have the power and authority to function consistent with this Charter, and in particular, to carry out the duties and responsibilities specified in Article Four of this Charter, it shall not have the authority to direct telecommunications carriers to act or refrain from acting. Such authority shall remain solely with the Commission.
8.2 The members of the EPAC in the performance of their duties and in the actions taken by the Committee shall at all times be subject to the direction, control and approval of the Commission.
This Charter is hereby modified in response to R.03-03-014 issued March 13, 2003 and is executed on ______________.
Member_
Member_Member_
Member_
Member_
Charter Attachment
Equipment Program Advisory Committee
Current Membership Term Expiration Dates
Disabled Community
Term Expires October 2003
Disabled Community
Term Expires October 2004
Senior Citizen Community
Term Expires October 2004
Deaf Community
Term Expires October 2003
Hard of Hearing Community
Term Expires October 2005
Non-Voting Liaisons
California Public Utilities Commission
Telecommunications Division Liaison
DDTP Primary Service Provider
One CRS service provider
Three representatives from telecommunications exchange carriers
or telecommunications-related vendors to DDTP
4. CHARTER ATTACHMENT5
DEAF AND DISABLED TELECOMMUNICATIONS PROGRAM
Disclosure and Conflict of Interest Policy
The Deaf and Disabled Telecommunications Program was established by the California Public Utilities Commission (CPUC) to administer and oversee California's legislated programs that provide telecommunications services and equipment for persons with functional limitations of hearing, vision, movement, manipulation, speech, cognition, and interpretation of information. The CPUC established three committees to provide the oversight function and to recommend program and policy changes to the Commission. The three committees are the Telecommunications Access for the Deaf and Disabled Administrative Committee (TADDAC), the California Relay Service Advisory Committee (CRSAC), and the Equipment Program Advisory Committee (EPAC). The CRSAC and the EPAC are advisory committees to the TADDAC.
Each of the three committees has consumer members who represent persons with functional limitations of hearing, vision, movement, manipulation, speech, cognition, and interpretation of information statewide whom the program serves. Each consumer member is appointed to represent a particular constituency (e.g., statewide deaf organization, speech impaired). Consumer members are nominated to the TADDAC, the CRSAC or the EPAC by the constituency or organization they represent. After reviewing the qualifications of the nominees, the TADDAC selects a nominee for appointment to the committee. The Commission's Executive Director reviews and approves the nominee's Conflict of Interest statement before the nominee is seated on the appropriate committee.
Since consumer members are all appointed to represent a designated constituency, the interests and opinions of the consumer members should not be intentionally controlled or influenced by any of the companies who provide goods and services to the program on an ongoing or regular basis. Some of these companies are already represented by positions on the three committees. In addition, the appearance of any conflict of interest caused by relationships between consumer members and vendors to the program needs to be avoided. For this reason, consumer members on the three committees and nominees for consumer member positions must disclose any relationships with vendors to the program which might tend to influence a consumer member's opinions or position.
The requirements must be met before a consumer member nominee takes a seat on the appropriate committee.
I. Disclosure
Consumer members on DDTP committees must annually report any relationships that exist (employment, consultant, or otherwise) between the consumer member and a company that provides goods or services to the program. Such relationships that exist between a consumer member's affiliated organization or employer and a company that provides goods or services to the program must also be disclosed. This disclosure shall include the reporting of any ownership of stock or other equities issued by a company that provides goods or services to the program.
Consumer members must annually report their membership in or employment by any organization or participation on any boards, committees, or other groups that represent the constituencies served by the program. Consumer members must also report the name and general business purpose of any business entity in which the consumer member is a director, officer, partner, trustee, employee, or holds any position of management.
Consumer members may not accept gifts of $250 or more in value from any single vendor of goods or services to the program. Consumer members must also annually report any gifts, honoraria, or awards amounting to $50 or more received either directly or through another organization from any vendor of goods or services to the program. "Honorarium" means a payment for speaking at any event, participating in a panel or seminar, or engaging in any similar activity. For the purposes of this section, free admission, food, beverages, and other similar nominal benefits provided to a committee member at an event at which he or she speaks, participates in a panel or seminar, or performs a similar service, and reimbursement or advance for actual travel and for necessary accommodations provided directly in connection with the event are not payments and need not be reported. However, reimbursement for travel outside of California must be reported as an honorarium. A prize or award shall be disclosed as a gift unless the prize or award is received on the basis of a bona fide competition not related to the committee member's official status.
All of these reports must be renewed annually.
If, in the judgment of the TADDAC, any of the disclosed relationships would create a conflict of interest that would constitute reason to disqualify a consumer member from membership on any of the DDTP committees, the TADDAC will remove the committee member.
II. Prohibition of Relationships
During their term of service on the committee, consumer members of DDTP committees shall not be employed by or represent the interests of any vendors or potential vendors of goods or services to the program, such that the consumer member receives either individually or through another organization $250 or more annually for any type of service performed. Business arrangements with or services provided by the consumer member or his or her affiliated organization to the program that are routine and in the ordinary course of the program's activities (e.g., providing interpreter services) are not subject to the prohibition section. Any relationship with a vendor to this program that would under normal circumstances be customary and ordinary considering the nature of the consumer member's employment and/or expertise shall also not be regarded as subject to this prohibition section, but may be subject to the Prohibition of Participation section following. Examples of such relationships might include:
a) A consumer member who is employed by a disability services organization, such as an independent living center, provides disability awareness training to a program vendor.
b) A consumer member who is deaf provides information or training concerning deaf culture to a program vendor.
c) A consumer member who is a heavy relay service user provides training or orientation regarding relay service usage to a program vendor.
III. Prohibition of Participation
No committee member shall make, participate in making, or in any way attempt to use his or her position on the committee to influence the making of any committee decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the committee member or a member of his or her immediate family, or on (1) any investment, business entity or real property in which the committee member has a direct or indirect investment worth at least $1,000, (2) any source of income aggregating $250 or more within the preceding 12 months, (3) any business entity or other organization in which the committee member is a director, officer, partner, trustee, employee or holds any position of management, or (4) any donor of a $250 or more gift to the committee member within the preceding 12 months.
When a committee member determines that he or she should not participate in a decision-making process because he or she has a disqualifying interest in it, the committee member must (1) immediately disclose the interest that creates the
conflict, (2) withdraw from participation, (3) refrain from attempting to influence any other member, and (4) refrain from voting during any votes relating to the issue that creates the conflict. The member only needs to disclose the fact of a disqualifying interest and note its details.
(END OF APPENDIX A)
APPENDIX B
DEAF AND DISABLED TELECOMMUNICATIONS PROGRAM
PAYMENT SCHEDULE
Event |
Payment Cycle 1 (Day/Month) |
Payment Cycle 2 (Day/Month) |
Invoices due from vendors to CCAF |
5th of Month 1 |
20th of Month 1 |
Invoices recommended for payment from CCAF to TD |
6th through 12th of Month 1 |
21 through 26 of Month 1 |
Payment letters from TD to IMSD |
On 19th of Month 1 |
On 4th of Month 2 |
Payments by ORF pursuant to GC § 16401 |
20th through 26th of Month 1 |
5th through 13th of Month 2 |
Invoices submitted from IMSD to SCO for payments6 |
20th through 26th of Month 1 |
5th through 13th of Month 2 |
If any date in this payment schedule falls on a weekend or holiday, that date will be advanced to the next business day but the remaining dates in the payment schedule will remain unchanged.
(END OF APPENDIX B)
