DGS Small Business Council Charter

Charter

Department of General Services

Small Business Council

Preamble

The purpose of the DGS Small Business Council is to provide a forum for small business trade associations to comment and provide feedback on DGS policies and practices that affect or impact small business utilization and participation in the DGS and other State agency contracts and projects.

The DGS uses external advisory committees to develop solutions to the State's procurement concerns, to disseminate information regarding specific DGS projects and programs and to provide a forum for interactive discussions with interested parties.  External advisory committees do not adopt polices that conflict with DGS policies or should be construed as representing DGS' policies.

Article I.  Name

1. The name of this organization is the "DGS Small Business Council", hereafter referred to as the "Council".
2. The "Department" and "DGS" mean the Department of General Services.
3. The "Director" means the Department Director or his/her designee.

Article II.  Operating Procedures

Except where otherwise expressed in this Charter, the Council shall adhere to and operate in accordance with Robert's Rules of Order.  The Council DGS Co-Chair shall be responsible for the rulings in matters of procedure.  Questions as to the meaning and interpretation of this Charter shall be the responsibility of the Council DGS Co-Chair.

Article III.  Structure

The Council shall be jointly chaired by the Council Co-Chair DGS and the Council Co-Chair Small Business. 

A.      Council Co-Chair DGS shall be the Director of DGS.  The Co-Chair DGS:

1. May appoint a representative in his/her absence.
2. Shall preside over all meetings of the Council.
3. Shall be an ex-officio member of all Committees and Subcommittees.
4. Shall facilitate the Council meeting date, time and location.
5. Shall disseminate the minutes and the agenda, and schedule special presentations.
6. Shall accept an issue or concern from the full Council or Council Committees regarding DGS activities.

B.     Council Co-Chair Small Business will be appointed by the Council Co-Chair DGS.

C.     DGS Liaison to Committees

The DGS Liaison will represent the Department on the individual Council Committees.  The Liaison will be one that is knowledgeable of the activities associated with the Committee objectives.  The Liaison shall:

1. Attend Committee meetings and the Annual planning session, when applicable.
2. Provide information and assistance to maintain meeting minutes and disseminate within Ten (10) working days after meeting. 

D.     Committee Chair

The Committee Chair shall:

1.      Serve a minimum of one year-not to exceed two calendar years.  Prior to the selection, the current Chair of each Committee shall first solicit nominations of Council members interested and willing to serve as Committee Chair.

2.      Only designated Primary Council members are eligible to serve as a Committee Chair.

3.      Hold the position from January 1 through December 31.

4.      Prepare the Committee agenda, schedule the meeting time and location, and oversee minute preparation.

5.      Solicit agenda items from Committee members and submit all agenda items in writing to the Council Coordinator no later than seven (7) calendar days prior to the scheduled Committee meeting.

6.      Present to the full Council a summary of all discussions and agreements of the Committee meetings.  A copy of the Committee minutes shall be presented to the Council Chair.

7.      Disseminate Action Items and minutes within 10 days of meeting.

8.      Report on Executive Committee meetings to Standing Committee.

E.     Standing Committees

The Council shall be composed of the following Standing Committees:

1.      Commodities Committee

2.      Construction Committee

3.      IT Goods and Services Committee

4.      Personal Services Committee

5.      Legislative Committee

6.      Outreach Committee

7.      Executive Committee, composed of all Committee Chairs, which shall meet monthly with the Council Chair

All Standing Committees shall define their objectives.

F.      Other Standing Committees

Only the Council Co-Chair DGS may establish other Standing Committees.

G.     Special Committees and Subcommittees

1. The recommendation to form a new Subcommittee and the appointment of a Subcommittee Chair must be approved by the Council Co-Chair DGS.  The recommendation must be in writing and include the objective and duration of the subcommittee.
2. The subcommittee Chair shall assume the same role and responsibilities of the Committee Chair.

Article IV.  Membership

A.      Criteria for Membership

1. An applicant association must be a small business trade association representing at least thirty-five (35) members, organized under the laws of California and have a small business interest in State contracting, procurement and projects--specifically in the areas of commodities, construction, IT goods and services, and personal services.
2. An applicant association must submit a written request to become a member of the DGS Small Business Council (including the name of the person nominated to be the Primary representative and the name of the person nominated to be the Alternate representative) to the Council Co-Chair DGS.  The request for membership shall indicate the purpose for the request, association membership size, association membership's geographical coverage (local, statewide), and, the primary business interest the association exists for.  The request for membership on the DGS Small Business Council will be reviewed and approved or denied by the Council Chair.  The Council Co-Chair DGS shall respond to all requests for membership in writing. 
3. Membership on the Council shall be limited to thirty-five (35) Primary representatives.
4. Any member association serving on the DGS Small Business Council shall be removed from the Council membership for any of the following causes:
   a) Dissolution of a member association
   b) Two consecutive absences of the Primary or Alternate representatives at
       regularly scheduled meetings
5. A member association's representation term is two (2) years.  The Council Co-Chair DGS will evaluate membership on the DGS Small Business Council in an effort to maintain balance of small business association representation.  When a member vacancy occurs, consideration will be given to applicant associations that have not previously been a part of the Council and to applicant associations representing a statewide membership.  A waiting list will be established for that purpose.

Article V.  Role of The Primary /Alternate Council Membership

The role of the Council membership is to provide input and feedback in an advisory capacity on DGS policies and practices that affect or impact small business utilization and participation in DGS contracts and projects.

1. It is the responsibility if the Primary/Alternate representatives to actively participate and serve on a Council Committee of interest to the association's membership.
2. It is the responsibility of the Primary/Alternate representatives to disseminate information resulting from DGS Small Business Council meetings to their association membership.
3. It is DGS' responsibility to provide meeting minutes within ten (10) days of a Council meeting.

Article VI.  Council Motions and Voting Rights

1. The Council Co-Chairs shall not vote except to break a tie.
2. The right to make a motion or vote on issues before the Council is limited to the Primary/Alternate representatives.  The Primary representative will cast one vote for his/her member association.  The Alternate representative is allowed to cast one vote only when the Primary representative is absent.  Motions involving policies and practices of DGS shall be voted upon by Council members and shall be set forth as recommendations to DGS made in an advisory capacity only.
3. A quorum of the Council shall consist of one-third of the voting members.  A quorum for a Committee shall consist of one-third the Committee members.

Article VII.  Council Meeting Dates

The general meeting of the Council will convene in Sacramento.  Specific meeting dates will be determined prior to each annual planning meeting and provided to all Council members.  The Council Chair retains authority to change meeting dates when necessary.  The meetings of the Council will abide by the applicable provisions of the Bagley-Keene Open Meeting Act (Government Code §11120-11132).

Article VIII.  Meeting Minutes

Approval of complete minutes from the previous Council meeting shall be a regular agenda item.  The meeting highlights shall not be official until approved by the Council and signed by the Council Co-Chair DGS.

Article IX.  Reimbursement

DGS may reimburse the Primary member for reasonable travel expenses in order to attend a DGS Small Business Council meeting.  If the Primary member is unable to attend a DGS Small Business Council meeting, the Alternate member may be reimbursed reasonable travel expenses in accordance with Department of Personnel Administration travel rules, policies, and procedures.  Travel expenses are strictly related to the DGS Small Business Council meeting.  Generally, travel reimbursement will be limited to the Annual Planning meeting. 

Article X.  Conduct

1. All Members shall observe DGS Departmental policies concerning Sexual Harassment, Workplace Violence, Drug-Free Workplace, Incompatible Activities and Conflicts of Interest, and Zero-Tolerance of Discrimination.
2. Any member Association's representative serving on the Council shall be replaced for:
   a) Disruptive and/or abusive behavior.
   b) Non-observance of DGS Departmental policies.
3. No Primary or Alternate member serving on the Council shall represent himself or herself as speaking for or acting on behalf of the Council or the DGS.
4. No Primary or Alternate member shall use their membership on the Council or Committee for personal gain and/or influence; as a means to obtain preliminary access to, or obtain privileges to, contract opportunities, contract administration, or access to government elected officials.  (See Ethics Policy.)