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Bylaws

  1. CHAIRPERSON

    The Chairperson of the Health Research Science Board ("Board") shall be designated by the Governor. The Chairperson shall perform the duties ordinarily associated with that office. The Chairperson shall have responsibility for the general supervision of the work of the Board. He or she shall have the power, unless the Board shall have provided for other representation, to represent the Board before the Governor, committees of the Legislature, or other public authorities, and may request any member or members to appear with him or her in his or her stead. The Chairperson shall preside at Board meetings. In the absence of the Chairperson from any meeting, the Board may elect one of its members to preside during such absence.

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  2. CODE OF ETHICS

    Members of the Board shall comply with Section 74 (Code of Ethics) of the Public Officers Law. No member of the Board should have any interest, financial or otherwise, direct or indirect, or engage in any business, transaction, or professional activity, or incur any obligation of any nature, which is in substantial conflict with the proper discharge of his or her duties as a Board member. Members should exercise their duties and responsibilities as Board members in the public interest of the inhabitants of the State, regardless of their affiliation with, or relationship to, any facility, agency, program, activity, category of provider, or interest group. The principles that should guide the conduct of Board members include, but are not limited to, the following:

    1. A Board member should endeavor to pursue a course of conduct that will not raise suspicion among the public that he or she is likely to be engaged in acts that are in violation of his or her trust as a Board member.
    2. No Board member should permit his or her employment to impair his or her independence of judgment in the exercise of his or her duties as a Board member.
    3. No Board member should disclose confidential information acquired by him or her in the course of his or her duties as a Board member, or by reason of his or her position as a Board member, nor use such information to further his or her personal interests.
    4. No Board member should use, or attempt to use, his or her position as a Board member to secure unwarranted privileges or exemptions for himself or herself or others.
    5. No Board member should engage in any transaction as a representative or agent of the State with any business entity in which he or she has a direct or indirect financial interest that might reasonably tend to conflict with the proper discharge of his or her duties as a Board member.
    6. A Board member should refrain from making personal investments in enterprises which he or she has reason to believe may be directly involved in decisions to be made by him or her as a Board member or which will otherwise create substantial conflict between his or her duty as a Board member to act in the public interest and his or her private interest.

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  3. CONFLICT OF INTEREST

    Section 1. Pending Applications and Requests.

    This section applies both to activities of the full Board and activities of committees of the Board.

    1. Absolute Disqualifications. When a Board member, or a member of a committee who is not a Board member, submits an application for a grant from the Breast Cancer Research and Education Fund, under Section 2411(1)(e) of the Public Health Law, or a request for access to Pesticide Registry or pesticide application information, under Section 2411(1)(d) of the Public Health Law, or a Board member, or a member of a committee who is not a Board member, or his or her family has an interest, financial or otherwise, whether as owner, officer, director, fiduciary, employee, consultant or supplier of goods or services regarding a facility, agency or program or activity whose application for a grant from the Breast Cancer Research and Education Fund, under Section 2411(1)(e) of the Public Health Law, or whose request for access to Pesticide Registry or pesticide application information, under Section 2411(1)(d) of the Public Health Law, is before the Board or a committee of the Board for consideration or determination, that member shall (i) identify such interest to the Board or committee at any meeting when the application or request is to be considered, (ii) absent himself, or herself, from any portion of any meeting when such application or request is considered, and (iii) not participate in any vote of the Board or committee on such application or request. For purposes of this Article, "family" shall include a spouse, children and any relative living in the member's household.
    2. Disclosure and Possible Disqualification. When a Board member, or a member of a committee who is not a Board member, or his or her family has (i) any of the above-noted interests in a facility, agency, program or activity, the status of which might reasonably be affected by another facility, agency, program or activity whose grant application or request for access to Pesticide Registry or pesticide application information is before the Board or a committee of the Board, or (ii) when a member has any other interest or association which might reasonably be construed as tending to embarrass the Board or elicit public suspicion that he or she might be engaged in acts in violation of his or her trust as a Board member, he or she shall, at the time of formal consideration of such application or request by the Board or committee, disclose such interest or association so that the Chairperson and, if necessary, the Board or committee can then determine whether his or her participation in the discussion of such application or request or the vote of the Board or committee thereon would be proper.
    3. Procedure. After a motion is made concerning a grant application or request for access to Pesticide Registry or pesticide application information and prior to discussion or vote, and at the request of the Chairperson, the Board members and members of committees who are not Board members, shall disclose all actual or potential conflicts and, when appropriate, explain the conflicts. In the case of conflicts constituting Absolute Disqualifications, the members with such conflicts shall immediately leave the meeting and remain absent during the period when the application or request is under consideration. In the case of conflicts constituting Possible Disqualifications, the Chairperson shall rule upon such conflicts subject to appeal by motion to the Board or committee that may override the Chairperson's decision by the affirmative vote of a majority of those present, excluding those members who are the subject of the vote.
    4. Compliance with Public Officers Law. Members of the Board shall comply with Sections 74 and 78 of the Public Officers Law as amended and the following rules governing conflicts of interest: (i) No member shall receive compensation in return for services rendered in relation to matters before any State agency if compensation is contingent upon action or failure to act by such State agency, (ii) no member of the Board who is also associated with any firm or association in which he/she has a specific interest shall sell any goods or services valued in excess of $25 to any State agency unless pursuant to competitive bid, (iii) no member of the Board shall accept any gift (in excess of $75) under circumstances in which it could reasonably be inferred that the gift was intended to influence him/her as a member of the Board, (iv) members of the Board shall avoid any action which might result in or create the appearance of a conflict of interest.

    Section 2. Pending Matters-Committees.

    1. Disclosure at Committee Meetings. When a member of a committee of the Board or his or her family has any of the interests noted in Section 1(a) of this Article in a facility, program or activity the status of which might reasonably be affected by a matter which is before the committee, or when a member has an interest or association which might reasonably be construed as tending to embarrass the Board or committee or elicit public suspicion that he or she might be engaged in acts in violation of his or her trust, he or she shall, at the time of formal consideration of such matter by the committee, disclose such interest or association to the committee so that the committee is fully aware of such member's interest or association. A committee member who discloses such interest or association may, but shall not be required to, abstain from participation in the discussion of or vote on such matter at the committee meeting, unless a member is absolutely disqualified from voting in accordance with Section 1(a) of this Article.
    2. Disclosure at Board Meetings. When the Chairperson of any committee which considered a matter reports the Committee's deliberations and recommendations to the Board, the Committee Chairperson shall indicate in the report all interests or associations disclosed by the committee members and state how such members voted with respect to the committee's recommendations. A committee member who disclosed such interest or association may, but shall not be required to, abstain from participation in the discussion of or vote on such matter at the Board meeting, unless a member is absolutely disqualified from voting in accordance with Section 1(a) of this Article.
    3. Violation of Provisions. If any member knowingly and intentionally violates these provisions, the Board or its chairperson shall refer the matter to the Commissioner of Health for appropriate action.

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  4. DESIGNATION AND DUTIES OF THE SECRETARY

    The Board shall request the Department of Health to designate a Department employee as the Board's Secretary.

    The Secretary shall prepare and send official notices of actions of the Board and shall administer the daily business of the Board under the general direction of the Chairperson. The Secretary shall send a copy of the Minutes of each meeting of the Board to each member of the Board as soon as practicable after the meeting. The Minutes, as approved or corrected, shall serve as the official record of a meeting of the Board. Minutes shall be distributed or made available to the public after they have been approved by the Board. The Secretary shall make available records requested under the Freedom of Information Law and make announcements to the media and public of scheduled meetings as required by the Open Meetings Law.

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  5. MEETINGS OF THE BOARD

    1. The regular meetings of the Board shall be held at least six times during the first year subsequent to December 1, 1997, and at least four times a year thereafter at a date, time and place approved by a majority of members, unless otherwise determined by the Board or by the Chairperson, who shall notify the Secretary at least ten business days in advance of the meeting. Special meetings of the Board may be called by the Chairperson at his or her discretion, or on the request of two members, and shall be called by the Chairperson on the written request of three members.
    2. At least one meeting each year shall be a public hearing at which the general public may question and present information and comments to the Board with respect to the operation of the Board, the Breast Cancer Research and Education Fund, the Prostate and Testicular Cancer Research and Education Fund and pesticide reporting established pursuant to Sections 33-1205 and 33-1207 of the Environmental Conservation Law. At the public hearing, the Commissioner of the Department of Environmental Conservation or his or her designee shall make a report to the Board with respect to the efficiency and utility of pesticide reporting established pursuant to Sections 33-1205 and 33-1207 of the Environmental Conservation Law.
    3. At least some portion of every regular Board meeting shall be set aside for public comment. A portion of one Board meeting each year shall be set aside for presentations of progress reports from selected award winners.
      1. The Secretary shall notify each Board member of Board meetings and shall send an agenda to his or her usual address not less than ten business days before the meeting.
      2. A majority of the voting members of the Board shall constitute a quorum for the transaction of any business or the exercise of any power or function of the Board and all matters requiring action shall be passed by a vote of a majority of the voting members of the Board. (A voting member abstaining from a vote shall be counted as present for the purpose of establishing a quorum.) Except as provided below, all meetings shall be conducted in accordance with Robert's Rules of Order Newly Revised, and a record of each vote shall be maintained. Non-voting ex officio members of the Board may make motions to be considered by the Board, but may not vote on these or any other motions before the Board. The normal method of voting shall be by roll call. A roll call vote on any question shall be taken by ayes and noes, abstentions noted, and a record of how each member voted entered in the Minutes.
      3. Any member who fails to attend three consecutive meetings of the Board, unless excused by formal vote of the Board, shall be deemed to have vacated his or her position.
      4. Meetings of the Board shall be noticed and conducted in accordance with the requirements of Article 7 (Open Meetings Law) of the Public Officers Law. Such meetings shall be open to the public except when otherwise provided by law. Guidelines for observers shall be adopted by the Board.

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  6. ORDER OF BUSINESS

    The order of business may be altered at the Chairperson's discretion or upon the request of a Board member.

    A portion of each Board meeting shall be set aside for the development of an agenda for the next Board meeting.


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  7. PROPOSAL REVIEW PROCESS

    Independent Scientific Review Panel

    There shall be one or more independent scientific review panels to review proposals (referred to as "applications for grants" in Public Health Law § 2411(1)(e))for merit and to make recommendations to the Board for funding.

    DOH staff, on behalf of the Board, will establish one or more independent scientific review panels, each of which shall be composed of at least one breast cancer survivor and/or activist, and one expert in breast cancer research and/or education. The number of independent scientific review panels will be dependent on the number of proposals received by the Board.

    Responsibilities of the Board

    The Board shall consider and rank proposals considered by the independent scientific review panels. Following an affirmative vote of Board members, the Board shall recommend that the Commissioner of Health approve those proposals for which the Board determines that funding is available. Board or committee meetings, or portions thereof, at which Board or committee members consider, rank, discuss or vote on proposals received by the Board may be conducted in executive session as authorized by the Open Meetings Law.

    Summary Report

    A summary report of the proposal review process will be prepared by Department of Health staff in consultation with the Board and made available to the public subsequent to the Board's recommendations to the Commissioner of Health.

    Guidelines

    The Board shall adopt guidelines that will specify additional aspects of the proposal review process.

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  8. COMMITTEES

    There shall be the following Standing Committees:

    1. On oversight of the development of requests for proposals (grant applications), and the process used to review proposals received by the Board; and on evaluating breast/prostate/testicular cancer research and educational program effectiveness nationwide and recommending future breast/prostate/testicular cancer research projects, called the:

      Committee on Program Needs and Effectiveness

    2. On oversight and management of information requested by researchers from the New York State Department of Environmental Conservation Pesticide Sales and Use Registry and from private pesticide applicators, called the:

      Committee on Access to Pesticide Registry and Pesticide Application Information

    3. On Breast Cancer Research and Education Fund contributions, and the Board's outreach activities, called the:

      Committee on Funding and Outreach

    Each Standing Committee shall consist of one or more members of the Board and may include non-Board members. The Chairperson of the Board shall appoint all Standing Committees and designate their Chairpersons. Duties of Standing Committees shall be prescribed by the Chairperson of the Board with approval by a majority of Board members.

    In appointing Board members to any Standing Committee, the Chair shall, to the extent practicable, ensure that the Committee's composition reflects the overall composition of the Board and that any such Committee includes Board members and, if appropriate, non-Board members with relevant interests.

    The Board may, at any time, provide for the appointment of a special committee on any subject. All such special committees not previously discharged by the Board shall be considered discharged one year following their appointment, unless the Board shall move to continue them.

    A majority of the persons appointed to serve on a committee shall, if at least one Board member is present, constitute a quorum for the committee.

    All committee matters requiring action or a formal recommendation shall be passed by a vote of a majority of the members appointed to serve on the committee.

    When making a report to the Board, a committee should, in addition to reporting any recommendations of the majority of the committee, summarize any significant deliberations leading to such recommendations as well as opinions or recommendations of committee members who did not support the majority recommendations.

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  9. OFFICE OF THE BOARD

    The official headquarters of the Board (at which the official copies of its Minutes, records, documents and other papers shall be kept) shall be at the offices of the Commissioner of Health at Albany, New York. The Secretary shall be responsible for the safe-keeping of all Minutes, records, documents, correspondence and other items belonging to the Board. Every member of the Board and any other person duly authorized by a member shall have access at all times during the ordinary office hours of the Department of Health to all such Minutes, records, documents, correspondence and other items belonging to the Board; provided, however, that persons authorized by members shall not have access to records, documents, correspondence or other items that are exempt from disclosure or confidential under the Freedom of Information Law, the Personal Privacy Protection Law, or any other state or federal law. The Secretary shall designate some person to be in charge of all such Minutes, records, documents, correspondence and other items belonging to the Board during his or her absence from the office.

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  10. AMENDMENT OF BYLAWS

    These Bylaws may be amended by the affirmative vote of the majority of the voting members of the Board at any regular or special meeting, provided that notice of the proposed amendment has been given at a prior meeting and that a copy of the proposed amendment has been sent by the Secretary to each member of the Board at least ten business days prior to the vote.

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