Chapter 5 – Adult Custody and Security Operations

53120.16 Constitution and By‑Laws

• The Warden shall require that the IACInstitution Advisory Counsel be governed in its operation by a constitution and by-laws prepared by the inmate group with the advice and guidance of a designated staff member. Such constitutions and by-laws shall be in compliance with existing rules, regulations, and procedures approved by the Director. The constitution and by-laws shall be approved by the Warden.

• The following is the format for constitutions and by-laws for Inmate Advisory Councils.

  • Article 1 – Name.

  • Article 2 – Objectives. This article should contain a clear statement to the effect that the council serves in an advisory capacity to the Warden and that no administrative responsibilities are implied or to be assumed.

  • Article 3 – Membership. A brief statement of eligibility for membership, ensuring all inmates the right to vote and defining those who may be elected to membership on the council.

  • Article 4 – Officers. A listing of the officers of the council, normally a chairman, vice-chairman, secretary and sergeant-at-arms. A statement regarding the term of office of elected officers of the council, and the frequency of elections.

  • By-laws.

    • Section 1 – Membership. A statement describing the areas or units represented by members of the council. Generally this provides for representation of the various housing units within the institution, but may include the selected representatives from various work assignments.

    • Section 2 – Nominations. Provides a system of nomination for selection to the inmate council.

    • Section 3 – Election. A description of the election process, which may include secret ballots and supervision of the elections by free personnel.

    • Section 4 – Method of Filling Vacancies. Describes method for handling vacancies created by transfer, release, removal, recall or election to an elective office on the council.

    • Section 5 – Duties of Officer. Statement of the duties of each officer.

    • Section 6 – Meetings. Statement of the time, place and frequency of meetings.

    • Section 7 – Committees. A listing of the standing committees of the council plus provision for special committees as the need exists.

    • Section 8 – Parliamentary Authority. A general provision that Robert’s Rules of Order shall be the authority for parliamentary procedures.

    • Section 9 – Executive Committee. To provide for an executive committee of the council ordinarily consisting of the selected officers and two or more elected members from the council.

    • Section 10 – Activity Cards. Provision may be made to issue special activity cards to members of the council for their use in conducting business of the council.

    • Section 11 – Removal of Members. Provisions shall be made to remove members through recall by their constituents or by administrative order.

    • Section 12 – Amendments. General provision for a method to make amendments to the by-laws.