Bylaws of the Delaware Human and Civil Rights Commission

Article 1: Officers

Section 1

The Officers of the Delaware Human and Civil Rights Commission (the “Commission”) shall be a Chairperson and a Vice-Chairperson.

Section 2

1. Unless otherwise provided by law, the Chairperson shall be elected by the Commission from its appointed members.
2. The term “appointed members” in these bylaws means Commissioners who have been appointed by the Governor but shall not include those who have resigned, been removed, or otherwise left office and whose positions remain vacant.
3. Election of the Chairperson shall occur triennially at the June meeting of the Commission, or as soon thereafter as practical.
4. No Chairperson may serve for more than two consecutive terms.
5. No later than 90 days prior to the meeting at which the Commission intends to hold the election (“Election Meeting”), the Commissioners from each County will confer and appoint a delegate from their County to a Nominating Committee. The delegate may not be a nominee for Chairperson in the upcoming election. The Nominating Committee shall solicit interest and vet potential nominees for Chairperson from the Commission’s appointed members. Any Commissioner may put forth a candidate (themselves included, except as noted above) to the Nominating Committee for consideration. The incumbent Chairperson will be automatically included within the pool of potential nominees unless they opt out.
6. The Nominating Committee will select the candidates for Chairperson through a public vote.
7. Each candidate shall submit either a written or oral statement to the Commission on their desire and qualifications for the position. At the Election Meeting, each appointed member of the
8. Commission shall either abstain or vote publicly in favor of one of the candidates.
9. Commissioners must be present to vote, and the Commissioner who receives a majority of the votes shall be the Chairperson-elect. In the event of a tie, the Commissioners will have a run-off election of the two candidates who received the highest number of votes. If the Chairperson-elect is not the incumbent, the Chairperson-elect will assume the position on September 1st of that same year or as soon thereafter as practical. The incumbent will remain as Chairperson during the interim period to orient the Chairperson-elect on processes, relationships and the Chairperson’s role

Section 3

1. The Chairperson shall preside over all meetings of the Commission. Except as otherwise provided by law or in this Section, the Chairperson shall be the only person authorized to make public announcements for the Commission.
2. The Chairperson shall appoint the Executive Committee of the Commission and shall serve as its Chairperson. The Chairperson shall also appoint all other standing and special committees of the Commission. The Chairperson shall be a member of all committees of the Commission, ex officio.
3. The Chairperson shall designate members of the Commission and/or its Staff to appear and represent the Commission before any associations, committees, and organizations, and to speak at meetings, legislative hearings, or interviews that are incidental to such appearances.
4. Nothing in this Section shall be interpreted to authorize any Commissioner to make statements on behalf of the Delaware Department of State or any of its Divisions without the permission of the Secretary of State or the Secretary’s designee.

Section 4

The Vice-Chairperson shall be appointed by the Chairperson and shall be vested with all powers and perform all the duties of the Chairperson in their absence or disability, to the extent which may be permitted by law, and the Vice-Chairperson shall perform such other duties as may be prescribed from time to time by the Chairperson or by the Commission. The Vice-Chairperson shall be a member of the Executive Committee and a member of all standing and special committees of the Commission, ex officio.

Section 5

Officers may be removed from office prior to the expiration of their term for cause.

Article II: Staff

Section 1

The Executive Director (the “Director”) of the Division of Human and Civil Rights (the “Division”) or their designee shall attend all meetings of the Commission, the Executive Committee, and, at the request of the Commission Chairperson, other Committee or Panel meetings.

Section 2

1. The Director or designee shall act as clerk of Commission, Executive Committee, Committee and Panel meetings and shall:
   1. record and keep the proceedings of the meetings and hearings thereof, including accurate data reflecting attendance, roll-call votes, and unanimous decisions;
   2. provide notice of said meetings and hearings to all participating parties and Commissioners;
   3. provide public notice of all said meetings and hearings by posting dates, locations, and agendas on the State’s public calendar;
   4. prepare and post the minutes of all meetings of the Commission and of the Executive Committee thereof;
   5. serve all written Decisions of Hearing Panels upon the parties and provide public notice of said Decisions by posting them on an appropriate publicly-accessible website maintained by the State; and
   6. supervise and direct the execution of all policies, orders, and resolutions of the Commission, Committees, and Panels thereof, as may be required.
2. This section shall not be construed to require the Director or designee to prepare proposed
   drafts of minutes for any committee or subcommittee meeting other than the Executive Committee.

Article III: Meetings

Section 1

The Commission shall be comprised of its appointed members and shall meet at least once each month, except that an Executive Committee meeting may be conducted in lieu of a Commission meeting, but no more than five times during a calendar year. The Executive Committee shall meet as frequently as circumstances and the needs of the Commission require, and may meet at the same location immediately before or after a Commission meeting, but shall have a separate agenda and a separate set of minutes. A majority of Commissioners present at any meeting having a quorum may postpone or change the date of the next meeting.

Section 2

A special meeting of the Commission may be called at any time by the Chairperson or by eight (8) members of the Commission acting independently of the Chairperson.

Section 3

A meeting of the Executive Committee may be called at any time by the Chairperson or by three (3) members of the Executive Committee acting independently of the Chairperson.

Section 4

Each Commissioner shall provide the Director and the Commission Chairperson with a current, valid email address within ten (10) days following their appointment and shall notify the Director and Commission Chairperson immediately upon changing their email address. Notice of each meeting of the Commission or of the Executive Committee shall be emailed by the Division to each appointed member of the Commission or of the Executive Committee, as the case may be, at least seven (7) days before the date of such meeting. Notice of any special or emergency meeting shall be emailed by the Division to each appointed member of the Commission or of the Executive Committee, as the case may be, at least twenty-four (24) hours before any such special meeting
commences. Regular, special, and emergency meetings of Standing Committees and Subcommittees shall be subject to the same notice requirements, except that the relevant Chairperson may email the requisite notice instead of the Division. In addition, all the Commission, Executive Committee, Standing Committee, Subcommittee, and Panel meetings and hearings shall be preceded by the requisite notice to the public and otherwise adhere to the open meetings requirements of Delaware law.

Section 5

1. Meetings of the Commission and all Committees, Subcommittees and Panels thereof may be conducted virtually, to the extent that they comply with all provisions of Delaware law permitting virtual meetings of public agencies, boards and commissions. A majority of appointed members must be present to have a quorum and conduct official business. For purposes of determining a quorum for a virtual meeting, all members participating in a virtual meeting are considered present as if the members were physically present at the meeting.
2. When calculating a quorum for Committee, Subcommittee and Panel meetings, a majority of the appointed members who have been assigned by the Chairperson to the Committee, Subcommittee, or Panel, as the case may be, must be present to constitute a quorum, except that a Panel may not commence an evidentiary hearing unless at least three assigned members are present (including any alternate member assigned by the Chairperson), and may not continue an evidentiary hearing or begin deliberations unless at least three members are present who attended all previous sessions of said hearing during which evidence was presented.

Section 6

1. Meetings of the Commission and all Committees, Subcommittees and Panels thereof shall be conducted in an orderly fashion by the Chairperson, Vice-Chairperson, or their designee.
2. If a question regarding procedure arises during a meeting or hearing, the person presiding shall consult and apply the following sources to the extent that they address the issue, in the following order of priority: the authorizing statute of the Commission; the Delaware Freedom of Information Act and the Delaware Administrative Procedures Act; the Delaware Fair Housing Act and the Delaware Equal Accommodations Law; any other applicable Delaware statutes; the Commission’s regulations, these Bylaws, and Robert’s Rules of Order. The question and its resolution shall be set forth in the minutes with sufficient particularity to permit later review.

Article IV: Order of Business

Section 1

The order of business at all regular meetings of the Commission, or of the Executive Committee thereof, shall be as follows: Call to Order and Period for Silent Meditation; Acceptance of the Agenda; Expressions from members of the public present; Approval of Minutes of previous meeting; Report of Chairperson; Reports of Director; Committee Reports; Old Business; New Business; Adjournment.

Section 2

The Chairperson shall have the authority to deviate from the order of business as circumstances warrant.

Section 3

Presentations by members of the public at meetings are limited to five minutes in the ordinary course of Commission business. As circumstances warrant, however, the Chairperson is authorized to enlarge, decrease, or otherwise modify the period specified in this Section or defer one or more of the Reports prescribed in Section 1 to provide additional time for speakers.

Article V: Committees

Section 1

1. The Standing Committees of the Commission are as follows:
   1. Executive Committee
   2. Legislative Committee
   3. Public Awareness Committee
   4. Hearings and Mediation Committee
2. The Standing Subcommittees of the Executive Committee are:
   1. Litigation Subcommittee
   2. Emergent Issues Subcommittee
   3. Community Response Subcommittee

Section 2

Each December, the Chairperson shall review the composition of each of the Standing Committees and Subcommittees, assign and/or reassign Commissioners to each, as needed, and shall name a Chairperson of each to serve for the following calendar year. Each member of the Commission shall participate actively in the work of the Committees and Subcommittees to which they are
assigned and shall not be absent for more than fifty percent or more than three (3) consecutive meetings of their assigned Committees and Subcommittees.

Section 4

1. The Executive Committee of the Commission shall be composed of the Chairperson, and six appointed members of the Commission, as follows:
   1. the Vice-Chairperson of the Commission;
   2. the Chairperson of the Legislative Committee;
   3. the Chairperson of the Public Awareness Committee; and
   4. three (3) additional members, one resident from each County in the State, who collectively shall comprise the Community Response Subcommittee of the Executive Committee.
2. The Executive Committee shall be responsible for:
   1. setting policies and goals for the Commission on an annual basis, including the assignment of Executive Committee members to its Subcommittees;
   2. reviewing attendance records for all Commission, Committee and Subcommittee meetings to ensure compliance with statutory attendance requirements;
   3. approving expenditures and transfers from the Special Administrative Fund that are authorized by 31 Del. Code § 3005;
   4. considering formal proposals for the Commission to partner or otherwise cooperate with public agencies, boards, and commissions and any public interest, community-oriented, civic, or charitable non-profit organizations regarding matters of common interest; and
   5. meeting with applicants interested in filling a vacancy on the Commission to apprise them of the Commission’s purpose and responsibilities.
3. A quorum for Executive Committee meetings is four appointed members, and an affirmative vote of the majority of those present shall be required to take action.
4. The Litigation Subcommittee of the Executive Committee shall be comprised of the Commission Chairperson, the Vice-Chairperson and a third appointed member of the Commission who shall be assigned by the Chairperson after consultation with the Executive Committee. The Litigation Subcommittee shall be responsible for:
   1. reviewing a Charge, Final Investigative Report and Determination after a party has filed a Judicial Election and then referring the matter to the Department of Justice to pursue a civil action;
   2. discussing pending civil actions commenced on the Commission’s behalf with an assigned Deputy Attorney General (or Special Counsel), and, when appropriate, meeting to discuss proposed settlements and to vote on whether to settle the action;
   3. discussing the Department of Justice’s position when it determines that a particular case should not result in the filing of a civil action or declines to represent the Commission in an action to enforce a Commission order, voting on whether to retain Special Counsel, and taking appropriate action to retain such counsel.
5. A quorum for the Litigation Subcommittee is two, and two affirmative votes shall be required to take action. To the extent that the third member of the Litigation Subcommittee is not a member of the Executive Committee, that Subcommittee member shall be deemed an ex officio and nonvoting participant in meetings of the Executive Committee.
6. The Emergent Matters Subcommittee of the Executive Committee shall be comprised of the Commission Chairperson, the Vice-Chairperson and either the Chair of the Legislative Committee or the Chair of the Public Awareness Committee, depending upon the nature of the Emergent Matter.
   1. An “emergent matter” is any situation in which the Commission’s input, recommendation or advice is sought and when there is insufficient time to convene the entire Commission or Executive Committee upon seven days’ notice.
   2. The Legislative Committee Chairperson shall serve as the third member of this subcommittee for all emergent matters that relate to pending or proposed legislation and are occasioned by a request for Commission input or comment by a member of the staff of the Governor, Lieutenant Governor, Attorney General, or a member of the General Assembly, representative of the federal government or a member of the Delaware or national press.
   3. For emergent matters that do not relate to pending or proposed legislation, the Public Awareness Committee Chair shall serve as the third member of this subcommittee.

Section 5

The Legislative Committee shall be responsible for revising the bylaws and regulations of the Commission as the need arises, for monitoring and making recommendations with respect to legislative initiatives that impact those matters falling within the mission of the Commission, for proposing legislative initiatives for the consideration of the Commission, and for drafting and working to implement such initiatives as are approved by the Commission.

Section 6

The Public Awareness Committee shall be responsible for recommending and implementing actions that serve to increase public awareness regarding discrimination and to promote amicable relations among the various racial, ethnic, religious, gender, age, social, and cultural groups within the state.

Section 7

1. The Hearings and Mediation Committee shall be comprised of: (1) Commissioners who have been specially trained in conducting mediations; and (2) Commissioners who have not been assigned to the Executive, Public Awareness or Legislative Committees.
2. The Commissioners who have been specially trained shall be assigned, when available, to conduct mediations organized by the Division on the Commission’s behalf to address (a) an event that has caused unrest in a community within the State; (b) ongoing courses of conduct that appear to give rise to an atmosphere of mistrust between groups of people within the State; and (c) such other matters as may be assigned by the Commission Chairperson at the request of the Governor, Lieutenant Governor, Attorney General or their designee, or Members of the General Assembly.
3. All appointed members are available for assignment by the Chairperson to Hearing Panels. However, when assigning Commissioners to Hearing Panels, the Chairperson shall take into account the other assignments, responsibilities, and activities of appointed members, including their committee service and participation in prior hearings, mediations, trainings, and other public events of the Commission. Members of the Hearings and Mediation Committee who have not otherwise been assigned to the Executive Committee or a Committee that has regular meetings shall endeavor to make themselves available when needed to serve on hearing panels.

Article VI: Amendments

Section 1

Any appointed member of the Commission may at any time propose an amendment to these bylaws, by submitting the same in writing to the Chairperson.

Section 2

A copy of any proposed amendments of these bylaws shall be forwarded by email to each member of the Commission at least ten (10) days prior to the meeting of the Commission at which it is to be presented and acted upon, together with a written notice of the date, hour, and place of such meeting.

Section 3

Any amendment to these bylaws must first be adopted by the affirmative vote of 2/3 of the appointed members of the Commission, as defined in Article I, Section 2 of these bylaws, before the same shall become effective.