Membership of Board
Section 1. The Commercial Mobile Radio Service Emergency Telecommunications Board of Kentucky (CMRS Board) is governed and all of its powers, duties and functions are exercised by the Board of Directors in accordance with KRS 65.7621 through KRS 65.7643. The exercise of these powers shall be by majority vote of the Board members present at a legitimately constituted meeting.
Section 2. The Board of Directors shall consist of ten (10) members, appointed by the Governor, as follow: two (2) members shall be employed by or representative of the interest of CMRS providers, of which, one (1) shall be a representative of a Tier III CMRS provider; one (1) member shall be a mayor of a city of the first or second class or urban-county government or his or her designee containing a public safety answering point; one (1) member shall be appointed from a list of local exchange landline telephone companies' representatives submitted by the Kentucky Telephone Association; one (1) member shall be a director of a certified public safety answering point operated by a local governmental entity or a consolidated group of local governmental entities appointed from lists of candidates submitted to the Governor by the Kentucky Firefighters Association, the State Association of Chiefs of Police, and the Kentucky Ambulance Providers Association; two (2) members shall be appointed from lists of candidates submitted to the Governor by the Kentucky Emergency Number Association and the Association of Public Communications Officials; and one (1) member shall be a director of a certified public safety answering point operated by a local government entity or a consolidated group of local governmental entities. The commissioner of the Department of Kentucky State Police, or the commissioner's designee, and the CMRS emergency telecommunications administrator also shall be members of the Board. Any vacancy on the Board shall be filled in the same manner as the original appointment.
Section 3. Any member missing three (3) consecutive meetings may be removed by a majority vote of the remaining voting members.
Officers of the Board of Directors
Section 1. Chairman. The Board shall elect from its membership a chairman. The chairman shall preside at meetings and shall be responsible for assuring that all acts of the Board are in compliance with governing statutory authority, these bylaws, and generally accepted parliamentary procedure.
Section 2. Vice-Chairman. The Board shall elect from its membership a vice-chairman who shall be authorized to preside over meetings of the CMRS Board in the absence of the chairman. In the absence of both Chairman and Vice-Chairman, the Administrator shall preside over meetings.
Section 3. Compensation. The Board members, with the exception of the Administrator, shall serve without compensation. The members of the Board of Directors shall be reimbursed for necessary travel and lodging expenses in accordance with administrative regulations promulgated for state employees.
Section 4. Terms. The Chairman and Vice-Chairman shall serve a term of one (1) year from date of election and may be re-elected. Any Chairman or Vice-Chairman elected to replace a vacated position shall serve only until the end of the original term of office.
Section 5. Elections. Elections for the positions of Chairman and Vice-Chairman will be held at the regular meeting in the third quarter of each year.
Officers and Employees of the CMRS Board
Section 1. Appointment of Administrator. The Board shall appoint a state Administrator and each vacancy shall be filled in the same manner.
Section 2. Duties of Administrator. The administrator shall serve as a member of the CMRS Board, and as the coordinator and administrative head of the Board shall conduct the day-to-day operations of the Board. The administrator shall, with the advice of the Board, coordinate and direct a statewide effort to expand and improve enhanced emergency telecommunications capabilities and responses throughout the state, included but not limited to the implementation of wireless E911 service requirements of the FCC order and rules and regulations adopted in carrying out that order. In this regard, the administrator shall:
- Obtain, maintain and disseminate information relating to emergency telecommunications technology, advances, capabilities, and techniques;
- Coordinate and assist in the implementation of advancements and new technology in the operation of emergency telecommunications in the state; and
- Implement compliance throughout the state with the wireless E911 service requirements established by the FCC order and any rules or regulations, which are or may be adopted by the Federal Communications Commission in carrying out the FCC order.
The administrator shall attend all general meetings of the Board and such committee meetings as the chairman may designate. The administrator shall have the right to instigate and enter discussion of any matter before the Board, to make motions for Board action and to advise the Board on all business and affairs of the Board. The administrator shall have the full authority of a general agent of the Board to enter into contracts, which have been approved by the Board, and to make representations pertaining to CMRS Board policy and views.
Section 3. CMRS Board Staff. Staff member(s) of the CMRS Board shall act at the direction of, and under the supervision and control of, the administrator and shall act as an agent of the CMRS Board with such powers and duties as may be delegated by the Board or the administrator.
Section 4. Removal and Replacement. The administrator serves at the pleasure of the Board. Appointments and removals of the Board staff shall be made by the administrator following consultation with and approval by the Board, pursuant to applicable statute.
Meetings of Board of Directors
Section 1. Regular Quarterly Meetings. The Board of Directors shall hold regular meetings each calendar quarter at a date and time designated by the Board Chairman. The schedule of all meetings shall be made available to the public.
Section 2. Special Meetings. The presiding officer or a majority of the members may call special meetings for the transaction of any business of the Board of Directors. A special meeting, if held within sixty (60) days immediately preceding the next scheduled regular quarterly meeting, may, unless objected to by any Board member, be substituted for the next scheduled regularly quarterly Board of Directors meeting.
Section 3. Emergency Meetings. Whenever an emergency is deemed to exist, an emergency meeting may be called by the presiding officer or a majority of voting members of the Board of Directors. A reasonable effort shall be made to provide public notice. At the beginning of an emergency meeting, the chairman shall briefly describe, for the record, the emergency circumstances preventing compliance with the notice provisions of the Open Meetings Act. These comments shall appear in the minutes. Discussions and actions at the emergency meeting shall be limited to the emergency for which the meeting is called.
Section 4. Open Meetings. All meetings of the Board of Directors at which any public business is discussed or at which any action is taken, are public meetings, and are open to the public at all times, except as provided for in KRS 61.810.
Section 5. Closed Meetings. The following requirements shall be met as a condition for conducting closed sessions authorized by KRS 61.810:
- Notice shall be given in regular open meeting of the general nature of the business to be discussed in closed session and the reason for the closed session.
- Closed sessions may be held only after a motion is made and carried by a majority vote in open, public session.
- No final action may be taken at a closed session.
- No specific matters of the Board may be discussed at a closed session other than those publicly announced prior to convening the closed session.
Section 1. Quorum. A majority of voting members of the Board of Directors or their designees, represented in person or by video teleconference, shall constitute a quorum for the transaction of business at any duly called meeting.
Section 2. Voting. Each member of the Board shall have one (1) vote respecting each action of the Board. Votes shall be cast in person or by video teleconference. All votes shall be conducted by voice vote unless a roll call is requested by a member. Action by the Board of Directors shall be initiated and seconded by any member of the Board.
Section 3. Designee. Board members authorized by KRS 65.7623 may be represented at the Board for all purposes at a duly constituted meeting either in person or by designee. A designation shall be named in writing in a form acceptable to the Board of Directors, and it shall be dated and signed by the Board member. A designation shall remain valid indefinitely, unless issued only for a specified meeting.
Section 4. Form of Action. A regulation, resolution, or notation in the minutes shall evidence Board action.
Section 5. Minutes. Minutes of each Board meeting shall be maintained by the Administrator or their designee and shall reflect, at a minimum, the actions of the Board, matters presented to the Board and their disposition, a record of attendance, and upon request of a Board member, expressions of recommendation, concurrence or dissent by any member of the Board or the administrator.
Section 6. Presentations to the Board of Directors. Any member of the Board, committee of the Board, or the administrator may present matters to the Board for consideration or delegate such presentations to others. Any member of the public may be allotted time in a meeting to be heard if the individual submits a written request to the Administrator at least fourteen (14) days before the meeting. The Administrator will consult with the Board on scheduling of presentations.
Section 7. Appearance of a member at a meeting for any purpose other than merely to object to the validity of the meeting shall be deemed as a waiver of written notice by that member and shall be recorded in the minutes. Any objection by the Board member to the validity of the meeting shall be recorded in the minutes.
Section 8. Delegation. The Board may delegate execution, implementation or administration of any ministerial action required or permitted to be taken by the Board to a committee or the administrator.
Matters to be acted on by Board
All powers and functions of the CMRS Board are vested in its Board members at a duly constituted meeting, and the Board may act on each exercise of authority pursuant to KRS 65.7621 through KRS 65.7643 including, but not limited to, the following:
- Development of broad policies for the long-term operation of the Board consistent with its mission and fiduciary responsibility;
- Development of regulations for the operation on the Board;
- Adoption of a periodic operating budget;
- Appointment of an Administrator;
- Election of a Chairman and Vice-Chairman;
- Approval of staff appointments;
- Adoption of regulations with regard to the administration of the state CMRS fund;
- Adoption of regulations governing the conditions under which PSAPs and Providers may participate in or withdraw from the fund, and the procedure by which monies are deposited into the fund;
- File any reports as required by statutes;
- Establish procedures for the submission of plans or revisions for complying with the wireless E911 service requirements established by the FCC order.
Establish procedures and guidelines to be followed by the Board in reviewing, evaluating, and approving or disapproving the plans or modifications of plans that are submitted to it.
- Establish procedures and guidelines to be followed by the Board in reviewing, evaluating, and approving or disapproving disbursements from the CMRS fund and requests for disbursements.
- Establish procedures and guidelines for resolving disputes regarding reimbursable costs and expenses under applicable CMRS statutes and administrative regulations;
- Adoption of final legislative and regulatory proposals;
- Establishment, modification and abolition of programs and projects;
- Authorization and ratification of acquisition of contractual services pursuant to applicable CMRS statutes and administrative regulations; and
- Other matters at the Board’s discretion.
The chairman may appoint an executive committee, composed exclusively of Board members, and such other standing committees as may be approved by the Board. The Board may appoint, or delegate to the administrator, the authority to appoint standing, ad hoc, or advisory committees as deemed necessary or desirable to facilitate the business of the Board. Committees shall be composed of two or more individuals without restriction as to membership. The Board shall appoint, for each standing committee, a committee chairman from the membership of the Board. Committees shall convene and deliberate at the direction of the committee chairman or by discretion of the committee members. Committees may be authorized, by vote of a majority of the voting members of the Board, to act on behalf of the Board subject to final ratification.
These bylaws may be altered, amended, or revoked, provided such action or amendment is in accordance with applicable state and federal law, by the Board of Directors at any regular or special meeting by majority vote of the voting Board members present at a legitimately constituted meeting.
By accepting appointment to a position on the CMRS Board, it is agreed that proprietary information received by the Board shall be used in connection with board business or emergency response only, as provided by KRS 65.7639, and for no other purpose.
Each officer and Board member shall conduct himself in a manner appropriate to his responsibility to maintain the best interest of the Board. In the event a conflict exists, the affected member shall disclose such conflict to the Board and shall abstain from voting. Nothing contained in this article shall invalidate any action of the Board.
Every Board member shall sign the designated non-disclosure agreement upon appointment or re-appointment to the Board and prior to participating in Board business.
The rules contained in the current edition of Robert's Rules of Order Newly Revised shall govern the Board in all cases to which they are applicable and in which they are not inconsistent with these bylaws, any specific rules of order the Board may adopt, Kentucky Revised Statutes or Kentucky Administrative Regulations.