Pursuant to the authority to establish policies as set forth in 5 MRSA § 12004-G, the Telecommunications Relay Services Advisory Council (the Council) adopts the following by-laws to govern the internal practices of the Council. The Council consists of 11 voting members pursuant to statute. (Approved 6/6/2025)
1. Officers of the Council
A. Categories of Officers
The Council shall have three Officers, the Chair, the Vice-Chair, and the Treasurer.
B. Election of Officers
Every two years, at the first quarterly meeting of a calendar year, the members of the Council shall elect a Chair, Vice Chair, and Treasurer from its membership.
C. Duties of the Chair
The Council shall meet at the call of the Chair but no fewer than four times during the calendar year. The Chair is responsible for presiding over all meetings of the Council. The Chair shall develop an agenda for each meeting of the Council and shall either assign an individual to take the minutes of each meeting or the Chair may retain a transcription service for the meeting of the Council which shall serve as the minutes for the meeting. The Chair may delegate, as necessary, duties to members of the Council and the Executive Director, either individually or through the formation of subcommittees, to carry out the functions of the Council. The Chair shall review all invoices submitted to the Council within 10 days of receipt of the invoice, pursuant to Section 4.
D. Duties of the Vice-Chair
The Vice-Chair of the Council shall assume the duties of the Chair of the Council in the event the Chair is unable to perform his or her duties. The Chair shall notify the Vice-Chair and the Council if the Chair is unable to preside over a meeting or perform any other duty of the Chair. Upon such notice, the Vice-Chair shall take up the duties of the Chair until such time as the Chair is able to resume his or her duties.
E. Duties of the Treasurer
The Treasurer of the Council is responsible for assisting the Chair and the Executive Director with maintaining the financial statements for the Council and reviewing invoices and authorizing the payment of invoices pursuant to the provisions of Section 4. The Treasurer shall be a signatory to any bank account in which funds for the Council are held and shall have authority to withdraw funds from any such bank account for the purposes set forth in Section 3. The Treasurer is responsible for hiring an auditor to audit the financial statements of the Council at least every five years.
2. Duties of the Council
A. Quarterly meetings
The Council shall meet no less than four times every calendar year. The Council may meet more frequently if necessary to carry out the duties of the Council as set forth in statute. The Council’s meetings are public proceedings within the meaning of the Freedom of Access Act (see 1 MRS sec. 402(2)(F)) and must comply with 1 MRS sec. 403 and 1 MRS sec. 406. It also must comply with 1MRS sec. 403-B, governing remote participation. More information is available in the Council’s Remote Meeting Policy.
B. Subcommittees
The Council may authorize the formation of permanent or ad hoc subcommittees comprised of members of the Council for specific purposes. Subcommittees shall be authorized to meet as necessary to accomplish the specific task set forth by the Council in the formation of the subcommittee. Subcommittees shall report to the Council at each quarterly meeting on the progress of their activities. Subcommittees shall continue until explicitly dissolved by the Council.
C. Quorum
A quorum for purposes of conducting business as the Council shall be equal to at least 50% of the positions set forth in 35-A MRSA § 8704(1) that are filled at the time at which the Council is seeking to conduct business.
D. Approval of actions.
The Council may approve of any action within the scope of authority of the Council as set forth in Chapter 87 of Title 35-A of the Maine Revised Statutes and 5 MRSA § 12004-G or any action otherwise authorized by this Section by a simple majority vote of the members in attendance.
E. Executive Director.
The Council shall, within its allowable annual budget established by subsection 6, hire a part-time Executive Director to assist in carrying out the powers and duties of Council. The Executive Director will be a non-voting member of the Council.
F. Reports.
The Council is responsible for the following reports: (1) in December of each year, an annual report to the Maine Secretary of State; (2) by December 1 of each year an annual report to the Maine Public Utilities Commission; (3) in July of each year, an annual complaint log report to the Federal Communications Commission (FCC); (4) in January or February of each year, responses to the FCC’s federal TRS data request; and (5) every seventh year, or whenever designated by the Maine Legislature, a report to the Office of Program Evaluation and Government Accountability (OPEGA).
3. Use of Funding
A. Compensation not permitted.
Funding allocated to the Council may not be used to compensate members of the Council for their participation in the Council.
B. Expenses not permitted.
Funding allocated to the Council may not be used to reimburse members of the Council for travel, meals or lodging costs or other necessary costs incurred by a member of the Council in the performance of his or her duties as a member of the Council. An exception will be made for attendance of conferences (see section E below).
C. Quarterly meetings.
Funding allocated to the Council may be utilized to pay for the cost of holding quarterly meetings, including but not limited to any costs associated with renting space in which to hold a quarterly meeting, costs for interpreter services, costs for transcription services, and costs for light refreshments.
D. Ad Hoc meetings.
Funding allocated to the Council may be utilized to pay for the cost of holding any ad hoc meeting of the entire Council or any subcommittee of the Council authorized by the Council, including but not limited to any costs associated with renting space in which to hold any ad hoc meeting, costs for interpreter services, costs for transcription services, and costs for refreshments.
E. Attendance at conferences.
Funding allocated to the Council may be used to pay the cost of sending individuals from the State who are members of the Council or who have otherwise been authorized by the Council to attend conferences or events that pertain to the provisioning of telecommunications services to the Deaf and Hard-of-Hearing communities in order to fulfil the obligation of the Council under 35-A MRSA § 8704(5) to evaluate the quality and availability of relay services to Maine citizens and to ensure that Maine citizens have access to services that are at or above the national standards for telecommunications services for the Deaf and Hard of Hearing.
F. Auditing costs
Funding allocated to the Council may be used to pay for the costs associated with a professional auditing of the financial data of the Council.
4. Authorization of Expenditures
A. Submission of Invoices
Any entity or individual seeking payment from the Council for an authorized use of funding as set forth in Section 3 shall submit an invoice to the Council within 30 days of the completion of the activity, purchase, or service for which the entity or individual is requesting funds.
B. Payment of Invoices
Upon receipt of an invoice submitted pursuant to this Section, the Chair and the Treasurer shall review the invoice within 10 days of submission of the invoice to ensure that it conforms to the acceptable use of funds as set forth in Section 3. If either the Chair or the Treasurer believes that the invoice is not eligible for payment in whole or in part, the Chair or the Treasurer must inform the entity or individual submitting the invoice within 10 days of the submission of the invoice that the invoice was not approved for payment. If neither the Chair nor the Treasurer objects to payment of the invoice in whole or in part within 10 days of the submission of the invoice, the Treasurer shall pay the invoice 10 days after the date of the submission of the invoice. The Council, Chair, or Treasurer may have the assistance of the Executive Director in managing the payment of invoices.
C. Auditing
The Council shall periodically engage an auditor to review the financial information pertaining to the Council and to prepare a report for the Council regarding the findings of the Audit. The Council shall audit its financial statements at least every five years.
5. Maintenance of Past Advisory Council Records
The Executive Director will arrange with the Secretary of State’s Office and the Maine State Archives to maintain records of the past meetings and contracts of the Council.