Sample and Example of FACA Bylaws
An Example of Bylaws And Operating Procedures From the GSA Governmentwide Policy Board (FACA)
Section I: Purpose:
The purpose of the GSA Governmentwide Policy Advisory Board (GPAB) is to provide advice and recommendations on a broad range of policy issues dealing with the acquisition, management and disposal of governmentwide assets within GSA's areas of responsibility. Such assets include, motor vehicles, aircraft, real property, and personal property. The Board also provides advice regarding policies and guidance on such issues as the deployment of smart card technologies, electronic commerce, information technology, public participation, and intergovernmental coordination.
As deemed necessary, the Associate Administrator for Governmentwide Policy may convene subgroups to support the Board's functions. All activities of the subgroups will be in compliance with the Federal Advisory Committee Act (FACA).
Section II: Authority
The Administrator of General Services has determined that the establishment of the Board is in the public interest. The GPAB is subject to the Federal Advisory Committee Act (FACA), as outlined in its Charter, filed with the Congress on (enter date).
Section III: Membership Selection and Appointment
Members of the GPAB are appointed by the Associate Administrator for Governmentwide Policy for such terms as may be appropriate for the accomplishment of the Board's mission. Members will be selected based on specific needs of the Board in order to balance those viewpoints required to effectively address GSA policy issues under consideration.
Membership includes the responsibility to attend GPAB meetings personally.. GSA reserves the ability to replace any member who is unable to fully participate in the Board's meetings. Alternate members will not be permitted to represent those individuals appointed by GSA without prior written agreement.
Section IV: Meeting Procedures
The GPAB will meet at as required. Meetings will be called by the Designated Federal Official (DFO) in consultation with the Chairman according to the following considerations:
A. Agenda: The DFO will approve the agenda for all meetings. GSA will distribute the agenda to the members prior to each meeting and will publish an outline of the agenda with the notice of the meeting in the Federal Register. Items for the agenda may be submitted to the DFO and/or the Chairman by any member of the Board. Items may also be suggested by non-members, including members of the public.
B. Minutes and Records: The Board's DFO will prepare minutes of each meeting and will distribute copies to each Board member. Minutes of open meetings will be available to the public upon request. Minutes of closed meetings will also be available to the public upon request, subject to the withholding of matters about which public disclosure would be harmful to the interests of the Government, industry, or others, and which are exempt from disclosure under the Freedom of Information Act (FOIA). The minutes will include a record of the persons present (including the names of Board members, names of staff, and the names of members of the public from whom written or oral presentations were made) and a complete and accurate description of the matters discussed and conclusions reached, and copies of all reports received, issued or approved by the Board.
All documents, reports, or other materials prepared by, or for, the Board constitute official government records and must be maintained according to GSA policies and procedures.
C. Open Meetings. Unless otherwise determined in advance, all meetings of the GPAB will be open to the public. Once an open meeting has begun, it will not be closed for any reason. All materials brought before, or presented to, the Board during the conduct of an open meeting, including the minutes of the proceedings of an open meeting, will be available to the public for review or copying at the time of the scheduled meeting.
Members of the public may attend any meeting or portion of a meeting that is not closed to the public and may, at the determination of the Chairman, offer oral comment at such meeting. The Chairman may decide in advance to exclude oral public comment during a meeting, in which case the meeting announcement published in the Federal Register will note that oral comment from the public is excluded and will invite written comment as an alternative. Members of the public may submit written statements to the PAB at any time.
D. Closed Meetings: Meetings of the GPAB will be closed only in limited circumstances and in accordance with applicable law. In addition, requests for closed meetings must be approved by GSA's Office of General Counsel (OGC) 30 days in advance of the session.
Where the DFO has determined in advance that discussions during a Board meeting will involve matters about which public disclosure would be harmful to the interests of the government, industry, or others, an advance notice of a closed meeting, citing the applicable exemptions of the Government in the Sunshine Act (GISA), will be published in the Federal Register. The notice may announce the closing of all or just part of a meeting. If, during the course of an open meeting, matters inappropriate for public disclosure arise during discussions, the Chairman will order such discussion to cease and will schedule it for closed session. Notices of closed meetings will be published in the Federal Register at least 15 calendar days in advance.
Section V: Voting
When a decision or recommendation of the GPAB is required, the Chairman will request a motion for a vote. Any member, including the Chairman, may make a motion for a vote. No second after a proper motion will be required to bring any issue to vote.
Section VI: Role of Board Officials
Chairperson: The Chairperson works with the DFO to establish priorities, identify issues which must be addressed, determine the level and types of staff and financial support required, and serves as the focal point for the Board's membership. In addition, the Chairperson is responsible for certifying the accuracy of minutes developed by the Board to document its meetings.
Designated Federal Officer: The DFO serves as the government's agent for all matters related to the Board's activities. By Law, the DFO must: (1) approve or call the meeting of the Board; (2) approve agendas; (3) attend all meetings; (4) adjourn the meetings when such adjournment is in the public interest; and (5) Chair meetings of the Board, when so directed by the Administrator of General Services, or his designee.
In addition, the DFO is responsible for providing adequate staff support to the Board, including the performance of the following functions: (1) Notifying members of the time and place for each meeting; (2) Maintaining records of all meetings, including subgroup or working group activities, as required by Law; (3) maintaining the roll; (4) Preparing the minutes of all meetings of the Board's deliberations, including subgroup and working group activities; (5) attending to official correspondence; (6) maintaining official GPAB records and filing all papers and submissions prepared for or by the GPAB, including those items generated by subgroups and working groups; (7) acting as the Board's agent to collect, validate and pay all vouchers for pre-approved expenditures; and, (8) preparing and handling all reports, including the annual report as required by FACA.
Section VII: Expenses and Reimbursement.
Expenses related to the operation of the GPAB will be borne by the Office of Governmentwide Policy. Expenditures of any kind must be approved in advance by the DFO. Each organization within OGP which sponsors a specific Board activity will be responsible for providing support services outlined in Section VI, and will assure compliance with FACA and GSA's related policies and procedures.
Federal government employees serving on the GPAB are not eligible for any form of additional compensation. The government will pay travel and per diem for non-government members at a rate equivalent to that allowable for federal employees.
Section VIII: Additional Information
OGP's Committee Management Secretariat is responsible for governmentwide oversight of advisory committees. The Secretariat will provide advice to other OGP organizations as needed to assure the Board's success.