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KHLAAC Bylaws

ARTICLE I: NAME

Section 1. Name. The name of this organizations, established by K.S.A. 74-6501(a) shall be the Kansas Hispanic &Latino American Affairs Commission.

The term “Commission” in the following sections shall mean the Kansas Hispanic & Latino American Affairs Commission.

The term “KHLAAC” shall mean the Kansas Hispanic & Latino American Affairs Commission.

The term “Commissioner” shall refer to the seven members of the Commission appointed by the Governor.

ARTICLE II: PURPOSE

Section 1. By-laws. The purpose of these by-laws is to establish rules for the internal organization of the commission and for procedures of operation.

Section 2. Commission. K.S.A. 74-6501 establishes the commission shall be advisory to the governor and shall be within the office of the governor and a part thereof.

The functions, powers, and duties of the commission are as authorized by the statues establishing the commission. Actions of the commission are in the nature of recommendations only and are subject to approval of the governor. The commission, however, adopts its own rules and policies for procedures consistent with its powers. To the extent any provision of these bylaws contradicts Kansas statute or regulation, the statutes or regulation are controlling. If a provision of these by-laws is unenforceable because of a conflict with Kansas statute or regulation, such provision shall be severable, and the remaining by-laws remain in force and effect.

ARTICLE III: ORGANIZATION

Section 1. Membership. Membership of the commission shall be as established by K.S.A. 74-6502; which specifies the number, method of appointment, and term of office of the
commissioners.

The commission (a) shall consist of seven appointed Commissioners and a group of technical advisors. No more than four Commissioners shall be of the same political party. Subject to the provisions of K.S.A. 75-4315c, and amendments thereto, each congressional district in the state shall be represented on the commission by at least one member who is a resident of the district at the time of appointment and the remainder shall represent the state at large. Commissioners shall be appointed by the governor. A person appointed to fill a vacancy, which occurs prior to the expiration of a term, shall be appointed for the unexpired term. Except, as provided by subsection (b), each member of the commission shall be appointed for a three year term. (b) Commissioners shall be appointed for terms of three years and until a successor is appointed and qualified. (c) Nothing in this subsection shall be construed as prohibiting the reappointment of members who had been appointed prior to the effective date of K.S.A. 74-6502.

In the event of a Commissioner's vacancy, the Commissioners and Executive Director
collectively shall attempt to determine one or more appropriate individuals to nominate to the
governor to fill the vacancy. Nominations shall be sent to the director of appointments, by the
executive director and the chairperson, for consideration by the governor.

Commissioners of KHLAAC who wish to resign their position should submit a letter of
resignation to the governor, with a copy to the chairperson and the executive director.

Section 2. Officers. The officers of the commission shall be a chairperson, a vice-chairperson, and a secretary. The officers shall be elected by the commission at its regular meeting in October of each year. Their term of office shall be one (1) year. No person may serve in the same office for more than two (2) consecutive full terms notwithstanding the established hereafter in Article III, Section 10.

Section 3. Chairperson. The chairperson shall preside over all meetings of the Commissioners. They shall perform all the duties assigned to the office as provided herein. Their duties shall include, but are not limited to the following:

  1. Review recommendations made by the commission and forward proposals and evaluation to the executive director for submission to the governor, legislature, and various state agencies
  2. Assist the executive director with the orientation of new members to KHLAAC
  3. Assist the executive director in the production of annual reports or other record keeping and
    reporting initiatives.

Section 4. Vice-Chairperson. The vice-chairperson shall act as chairperson in the absence of
the chairperson. In the event that the office of the chairperson becomes vacant, the vice chairperson shall succeed to that office for the unexpired term and the Commissioners shall select a new vice-chairperson for the unexpired term.

Section 5. Secretary. The secretary shall assist the executive director and chairperson in the
preparation of the agenda and the order of business for each regular meeting. The secretary shall
oversee the recording of, and sign, the minutes of all meetings and shall ensure copies are received by all members of the commission and the executive director.

Section 6. Committees. At the discretion of the chairperson of the commission, committees may be appointed as necessary.

Section 7. Attendance:

  1. Commission members will be considered in attendance at meetings if present in person, by phone, videoconference, or other electronic media that allows two-way, interactive communication.
  2. Any KHLAAC commissioner who is absent for three (3) consecutive meetings or for 50% of such meetings during a fiscal calendar year without approved prior notification to the Chair shall be deemed to have resigned from the Commission, effective immediately.

Section 8. Responsibilities. Appointed KHLAAC commissioners shall:

  1. Attend at least fifty percent (50%) of KHLAAC scheduled meetings annually;
  2. Participate in hearings called by KHLAAC;
  3. Represent KHLAAC as requested by public invitation;
  4. Assist in the performance of the duties and responsibilities of KHLAAC;
  5. Communicate, collaborate, and be committed to the work of the commission and executive
    director.
  6. Participate at least in one assigned Committee according to their expertise and/or preferred
    interests.

Section 9. Recommendation for removal. If a commissioner willfully neglects to perform his or her duties or engages in unethical or illegal behavior, the commission may recommend the commissioner for removal with for cause upon resolution adopted by KHLAAC by quorum vote. Upon finalized resolution, the commission shall send the recommendation for removal to the Governor for review and evaluation.

Section 10. In the event that there is no chairperson or vice-chairperson, a special election shall occur to select an acting chair and vice-chair, who will serve the remainder of the term until the next regular election.

Section 11. All KHLAAC commissioners shall file their Tax Clearance (both personal and business of which you have ownership in), Oath of Office, Resume, Confidentiality Report, and Substantial Interests paperwork with 30 days of being appointed to the KHLAAC Board.

Section 12. Technical Advisors. The Commission may extend its membership to include
Technical Advisors, subject to approval by the Governor. Technical Advisors are not appointed
officials and they have no voting power. They will be nominated by the Executive Director and the
chairperson and presented for consideration to the Commission during its regular meetings, after
the Governor approves the membership.

Technical Advisors are encouraged to be part of the different Committees created to
develop KHLAAC’s mission.

ARTICLE IV: MEETINGS

Section 1. Regular meetings. In accordance with K.S.A. 74-6505, the commission shall meet at least four times a year. The chairperson may call additional meetings as necessary to carry out the functions of the commission. A regular meeting of the commission shall be held on the fourth Thursday of the month in: October, January, April and July. These meetings shall be held at such time and place as designated by a majority of the commission and with a minimum of five (5) business days to notify each commissioner and the executive director.

Section 2. Quorum. In accordance with K.S.A. 74-6505, a majority of members shall constitute a quorum.

Section 3. Agenda. Agendas for all regular meetings shall be available at the KHLAAC office at least three (3) business days prior to the meetings.

Section 4. Special meetings. Special meetings may be called by the chairperson and shall be called by the chairperson if requested by a majority of members of the commission. Notice of special meetings shall be given by the secretary to the membership and executive director, and in accordance with KOMA, not less than five (5) business days prior to the meeting. The notice shall state the purpose, time, and place of the meeting. Notice may be by mail, telephone or email.

ARTICLE V: CONDUCT OF MEETINGS

Section 1. Parliamentary authority. Meetings shall be conducted according to Robert’s Rules of Order Newly Revised edition in all cases where they are applicable, and not inconsistent with these by-laws or state statute.

Section 2. Order of business. The secretary will prepare the agenda.

The order of business shall include:

  1. Call to order
  2. Roll call
  3. Establish a quorum
  4. Introduction of guest, participants, and audience members
  5. Review and approval of agenda
  6. Approval of minutes
  7. Staff and committee reports
  8. Old business
  9. New business
  10. Executive session, if applicable 
  11. Announcements/ Public comments
  12. Adjournment

Any matter or subject not appearing on the agenda shall also be considered if a majority of the commission members vote for consideration. Approval of consideration shall be based on finding that a review or presentation would be in the best interest of the general public and not contrary to the provisions of public notice. No item will be considered unless sufficient data and information are available for consideration before a vote is taken.

Section 3. Continuance. Any item may be continued upon written request by the applicant or recommendation of the commission.

Section 4. Appearance before commission. Petitioners or their representatives, members of
the community at large, or individuals or their representatives who feel that they will be affected by any action may appear before the commission to present views and statements on relevant matters to the state Hispanic community and/or the mission of KHLAAC either for or against agenda items. Personal appearance before the commission is recommended but written communication may be presented. The chairperson may, at his/her discretion, limit the length of presentation or discussion to ensure the orderly conduct of commission business, provided that the decision of the chairperson may be overridden by a majority of the commission present.

Section 5. Motions. Motions before the commission shall be restated by the chair or a designated commissioner or staff person before a vote is taken. Every motion on a substantive matter shall set forth reasons.

Section 6. Voting. Voting shall be by individual voice ballot on each item and shall be tallied and recorded into the minutes of the meeting by the secretary.

Section 7. Abstention. Each commissioner should vote on every issue, but a commissioner may abstain. No member of the commission should vote on an issue in which the member has direct personal or pecuniary interest not common to the other members of the commission.

Section 8. Record of proceedings. The secretary shall record the minutes of each meeting as a matter of public record and shall present such minutes to the commission for approval.

ARTICLE VI: FINANCIAL

Section 1. Allowances. Members of KHLAAC, attending a meeting or authorized function of the commission, shall receive compensation in accordance with K.S.A. 74-6506 and K.S.A. 75-3223 (e) and amendments thereto.

ARTICLE VII: AMENDMENTS

Section 1. These by-laws may be amended by a majority vote of the commission at any regular meeting, provided the members have been notified one (1) month in advance or such notice has been waived by all commissioners, and the proposed amendment has been placed on the agenda.

Approved and adopted by the commission on November 13, 2024