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Issue Number: Council II 016

Title

FPMCC Substantive Bylaw Revisions

Issue you would like the Conference to consider

The proposed revision to the Food Protection Manager Certification Committee Bylaws includes:

  • Membership and voting for all certification organizations.
  • Addressing "alternate" and "advisor" membership.
  • Addressing changes in constituency while serving on the committee as a representative of the constituency.

In anticipation of more than three certification organizations, it is important to revise the voting so that it is fair and consistent. The proposed wording, while limiting the number of votes, allows for every certification organization to be represented on the committee, regardless of how many certification organizations there are.

Public Health Significance

Food establishments have fewer critical risk factors according to the CDC as stated in the endorsement letter to the Conference (dated April 5, 2006, and referenced on the Conference Website) when food establishments employ managers who have a Food Protection Manager Certification in accordance with the Conference for Food Protection's Standards. http://www.foodprotect.org/media/managercert/MTTC_cdc_endorse.pdf

Recommended Solution: The Conference recommends...

adopting the following Food Protection Manager Certification Committee (FPMCC) substantive Bylaw revisions to ensure a fair and consistent representation for all certification organizations. All new language is indicated in underline format; language to be deleted is in strike through.

Article V. Committee Structure and Representation.

Section 1. To be eligible to serve on the Committee as a voting member or non-voting alternate, individuals must commit in writing to active participation and be approved by the Conference Chair and the Board.

Section 2. The Committee Chair and Vice-Chair, and/or Council II Chair will select committee members and alternates from the list of volunteers or recruit volunteers as appropriate to balance the committee as delineated under Article IV. Committee Structure and Representation in these Bylaws. In the event of a Committee vacancy with no designated alternate in that constituency, the Chair will first recruit from the remaining list of volunteers provided during the initial Committee selection process.

Section 3. The composition of the Committee is a balanced representation of industry, regulatory, academia, certification providers organizations, training providers, and consumers. The Committee membership representation shall consist of a maximum of twenty-eight (28) thirty (30) full members votes from the following constituencies in addition to the Chair and Vice-Chair:

Subsection 1. Nine (9) representatives from regulatory agencies with food safety responsibilities:

c. Two (2) from federal government agencies;. with retail food program responsibilities.

d. Three (3) "At Large" appointments;. (*At Large representation - agencies with primary regulatory food safety responsibilities.)

Subsection 3. Three (3) Five (5) total votes for certification providers organizations that are accredited by the Conference's accreditation process. All accredited certification organizations who volunteer will be given a voting position on the Committee; if more then five (5) organizations participate on the Committee, fractional but equal voting rights will be calculated as established in these Bylaws;

Section 4. Committee members will serve a two (2) year term, concurrent with the cycle of the biennial Conference meeting. Committee members are eligible to serve for consecutive terms contingent upon

Subsection 1. Indication of written interest to serve on the Committee.

Subsection 2. The availability of membership based on the representation requirements set forth in Article IV, Section 1.

Subsection 3. Aan assessment by the Committee Chair and Council II Chair, Vice-Chair, and the incoming Chair of the Committee to ensure a balance between members who have previously served on the Committee and new members.

Section 5. In the event of a surplus or insufficient number of volunteers in a category, the Council II Chair may consult with the outgoing Committee Chair to identify potential candidates for appointment to the Committee. Up to two (2) non-voting alternates will be included on the Committee roster each for industry, regulatory, academia, training providers, and consumers to best represent the category of each constituency. Each certification organization participating on the Committee may designate one (1) alternate from their own organization.

Section 7. In the event a Committee member changes constituency during their term, the Chair may consider them for any open seat on the Committee which needs representation from their constituency or consider any open alternate position. If the Chair determines that there are no appropriate openings available, the Committee member will be asked to resign from the committee.

Article VI. Committee Organization, Operation, and Meetings

Section 11 4 Voting

Subsection 2. Except for certification organizations, all voting Committee members and alternates designated for that meeting shall have one (1) vote.

Subsection 3. All certification organizations accredited by the Conference's accreditation process participating on the Committee shall not exceed a total of five (5) votes.

If more than five (5) certification organizations volunteer to participate on the Committee, the five (5) votes allocated to certification organizations shall be fractionalized (evenly divided).

The voting fraction shall be determined when the final committee membership is approved by the Board and shall remain in effect until the next biennial Conference meeting.

Each certification organization shall be allowed no more than one (1) vote or one (1) voting fraction at any meeting.

Article IX. Duties of Committee Members / Alternates

Section 1 2. Committee members shall have the responsibility to notify the Committee Chair of their inability to attend a meeting or participate on a conference call at least fifteen (15) days prior to the scheduled meeting or conference call. For any committee member that is unable to attend a scheduled meeting or conference call, an alternate will be assigned. Selection of the designated alternate will be agreed upon by the Committee Chair and the absent member and chosen to best represent the constituency of the absent member. The member may submit in writing a designated representative in his/her place to the Chair. This designated alternate may vote on issues before the committee only during the specified meeting or conference call.

Section 2 3. Committee members and alternates shall have the responsibility to review for comment standards, reports, recommendations, issues or other Committee documents distributed within the time frames designated by the Committee.

Section 3 4. Committee members and alternates shall have the responsibility to complete work assignments within time frames designated by the Committee.

Section 4 5. Committee members and alternates shall have the responsibility to notify the Committee Chair or the Chair's designee of their inability to complete a work assignment.

Article X. Committee Consultants and Advisors

Section 4. The Chair and Vice-Chair may invite, with approval from the Committee, advisors or subject matter experts to participate in meetings and conference calls, if it is determined that such individuals would provide additional information, insight, clarification, guidance or other assistance to the Committee, for a specified purpose. These advisors or subject matter experts will be non-voting guests in meetings and conference calls.

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