Executive Order  No. 122: Massachusetts Developmental Disabilities Council

WHEREAS, it is the responsibility and commitment of the Commonwealth, acting through its branches, officers, and departments, to assist its developmentally disabled citizens to become as independent and productive as their individual capacities allow; to insure that their social, economic, environmental, and other needs are met in the most humane, normal, and effective way possible; and to insure the protection and enforcement of their civil and human rights; and

WHEREAS, the fulfillment of these responsibilities is dependent upon cooperation and coordination among all levels of government, among agencies of state government, and between the public and private sectors of the Commonwealth, so as to assure maximum individual benefit from the full utilization of all available resources; and

WHEREAS, the Federal Developmental Disabilities Services and Facilities Construction Act, P.L. 91-517, the Developmentally Disabled Assistance and Bill of Rights Act, P.L. 94-103, and successor legislation, offers the Commonwealth the opportunity to participate in a national program of assistance to the states to facilitate comprehensive state planning and services for persons with developmental disabilities; and

WHEREAS, the Governor, as the supreme executive magistrate of the Commonwealth under the constitution, has the authority for ordering and directing the affairs of the Commonwealth agreeably to the constitution and laws of the land;

NOW, THEREFORE, I, Michael S. Dukakis, by virtue of the authority vested in me as Governor of the Commonwealth of Massachusetts, do hereby order as follows:

I. ESTABLISHMENT OF THE STATE PLANNING COUNCIL

There is hereby created a state planning council, to be named the Massachusetts Developmental Disabilities Council.

A. Council Membership

The membership of the Council shall consist of the following:

(1) principal State Agency chief executive officers, or their representatives responsible for planning, administering, providing, or regulating programs and plans affecting the quality, ex- tent, and scope of services to persons with developmental disabilities;

(2) the Attorney General of the Commonwealth, or his representative;

(3) A representative of the House of Representatives, who may be appointed from among persons recommended by the Speaker of the House;

(4) A representative of the State Senate, who may be appointed from among persons recommended by the President of the Senate;

(5) at least one elected official of a unit of local government and an executive officer, or his representative, of a local governmental agency;

(6) the Chief executive officer, or his representative, of each university affiliated facility in Massachusetts which receives grants under Title I of P.L. 91-517, P.L. 94-103, and successor legislation;

(7) representatives from non-governmental agencies and groups concerned with services to persons with developmental disabilities;

(8) at least one-third of the membership shall consist of persons with developmental disabilities or their parents or guardians who are not officers board members, or employees of any public or private agency or entity which receives funds pursuant to P.L. 91-517, P.L. 94-103, and successor legislation or provides services to persons with developmental disabilities;

(9) members-at-large, who shall be persons who have clearly demonstrated an outstanding measure of leadership and knowledge in the field of developmental disabilities.

B. Appointment of Council Members

Members of the Council shall be designated and appointed by the Governor:

(1) members representing principal state agencies shall be appointed for a term of one year each. Other members of the Council shall be appointed for a term of three years each; provided, however, that of the members first appointed by the Governor, one-third shall be appointed for a term of one year, one third for a term of two years, and one third for a term of three years. No member, other than representatives of principal state agencies, may serve more than two consecutive full terms;

(2) nominees for Council membership in the categories of non-governmental agencies, groups concerned with services to persons with developmental disabilities (parents or guardians), and members-at-large shall be obtained on the basis of an open and public solicitation of applications from interested persons eligible to serve on the Council pursuant to P.L. 91-517, P.L. 94-103, and successor legislation.

C. Reimbursement of Expenses The reasonable and necessary expenses incurred by Council members in the performance of their official responsibilities shall be reimbursed, to the extent of available Federal funds and consistent with Federal and State laws, regulations and guidelines.

II. PLACEMENT OF THE PLANNING COUNCIL WITHIN STATE GOVERNMENT

The Commissioner of Administration shall establish the Massachusetts Developmental Disabilities Council in the Executive Office for Administration and Finance.

A. Reporting Requirements

The Council shall be responsible to the Secretary of the Executive Office for Administration and Finance and shall submit to him such periodic reports on its activities as he may request.

B. Council Staff

(1) The Council shall have adequate staff, to consist of a director and such subordinate personnel as the Council may require contingent on the receipt of Federal funds.

(2) Staff shall be appointed by the Commissioner of Administration with the advice of the Council, and may be removed with like advice.

III. POWERS AND DUTIES OF THE COUNCIL

The powers and duties of the Council shall be mandated by Federal and State laws and regulations, and by this Executive Order.

A. Federal Mandates

The Council shall in accordance with Federal law and regulations:

(1) supervise the development of and approve the state plan and its annual amendments prepared by the State Administrative Agency:

(2) review and evaluate from time to time, but not less often than annually, the state plan and its annual amendments and when appropriate submit modifications, and revisions to the plan and its annual amendments to the Secretary of the Department of Health, Education, and Welfare; provided, that the Council shall submit any proposed changes in the State plan to the State Administrative Agency and the Secretary of Administration and Finance for review prior to submission to the Department of Health, Education, and Welfare;

(3) monitor and evaluate the implementation of the state plan;

(4) to the maximum extent feasible, review and comment on state plans in the Commonwealth which relate to programs affecting persons with developmental disabilities;

(5) submit to the Department of Health, Education, and Welfare through the Governor, such periodic reports on its activities as the Secretary of the Department of Health, Education, and Welfare, or the Governor may reasonably request:

(6) serve as an advocate within State government for persons with developmental disabilities: and,

(7) review the state plan (including the design for implementation of such plan) and the actions of the State under such plan specifically for the purpose of determining if the State is complying with the requirements of the plan (and its design for implementation); and the Council may notify the Secretary of the Department of Health, Education, and Welfare of the results of any review carried out under this subsection for the purpose of assisting him in determining whether to withhold payments to the Commonwealth; provided, however, that the results of any such review shall be submitted to the State Administrative Agency and the Secretary of Administration and Finance for review prior to submission to the Department of Health, Education, and Welfare.

B. Mandates by Executive Order

The Council shall have the following additional responsibilities:

(1) to increase the capacity of the Commonwealth to respond to the social, economic, and environment needs of persons with developmental disabilities in the most comprehensive, humane, fair, individualized, and effective manner possible;

(2) to facilitate full access for persons with developmental disabilities to services, facilities and benefits to which he or she may be eligible, and full opportunity to exercise the human and civil rights to which he or she may be entitled, through the removal of physical, social, legal, and administrative barriers to his or her full integration in the community;

(3) to advise the Governor at least annually on matters pertaining to the welfare and rights of persons with developmental disabilities;

(4) to ensure that the human rights of all persons with developmental disabilities who are receiving treatment, services, or habilitation under pro- grams assisted under Title I of P.L. 91-517, P.L. 94-103, and successor legislation are protected.

IV. POWERS AND DUTIES OF THE STATE ADMINISTRATIVE AGENCY

The Executive Office for Administration and Finance through its Office of Federal/State Resources, or such other or additional state agencies as may be designated in the state plan, shall serve as the state administrative agency responsible for the following functions:

A. Planning The State Administrative Agency shall prepare the state plan and its annual amendments in accordance with Federal and State law and regulations.

B. Implementation The State Administrative Agency shall, subject to Council monitoring and evaluation, be responsible for the implementation of the state plan and its annual amendments.

C. Administration The State Administrative Agency shall administer or supervise the administration of the State Plan to include but not limited to the receipt of, disbursement of, and accounting for the state allotment under P.L. 91-517, P.L. 94-103, and successor legislation.

D. Review Authority The State Administrative Agency shall review and may comment on all submissions by the Council to the Department of Health, Education, and Welfare.

E. Annual Report The State Administrative Agency shall submit an annual report on its activities under this Executive Order to the Governor.

V. PUBLIC HEARINGS

A. Plans for services and facilities for persons with developmental disabilities developed pursuant to this Order shall be subject to public hearing(s) prior to submission to the Federal government.

B. Council by-laws consistent with this Order shall be developed by the Council, subject to approval by the Secretary of the Executive Office of Administration and Finance, and shall prior to issuance by the Council, be subject to public hearing(s).

VI. INTERAGENCY COOPERATION

The Council shall be entitled to the cooperation of every department, agency, and office of the Commonwealth, in furtherance of Council functions.

VII. FEDERAL COST SHARING

No provision herein is intended to bar the Commonwealth from participating in federal cost sharing and any provision having the effect of inhibiting such participation is void.

VIII. STATUS OF COUNCIL MEMBERS

Members of the Massachusetts Developmental Disabilities Council shall be considered "special state employees" as defined by M.G.L. C.268A, §1(O), the so-called Conflict of Interest Law.

Given at the Executive Chamber in Boston this 20th day of November in the year of Our Lord one thousand nine hundred and seventy-five and of the Independence of the United States of America, the two hundredth.

Michael S. Dukakis
Governor

Paul Guzzi
Secretary of State