Executive Order  No. 150: Establishing an Office of Handicapped Affairs and a Handicapped Affairs Advisory Council in the State Office of Affirmative Action, and defining their powers and duties

WHEREAS, the Commonwealth of Massachusetts has long been recognized as a leader in advancing equality of life for the individual; and

WHEREAS, service delivery is fragmented among all State agencies, and consequently the activities and services to which handicapped persons are entitled as citizens of the Commonwealth have not yet been achieved; and

WHEREAS, the Commonwealth hereby affirms its strong commitment to advance the opportunities of its handicapped constituency to realize full participation in all aspects of life in the Commonwealth;

NOW, THEREFORE, I, Michael S. Dukakis, Governor of the Commonwealth of Massachusetts by virtue of the authority vested in me by the Constitution and by the statutes of the Commonwealth, do hereby adopt the following Executive Order for the Office of Handicapped Affairs and hereby order and direct that the said Order be the governing and guiding policy of the Executive Branch of the government of the Commonwealth of Massachusetts.

OFFICE OF HANDICAPPED AFFAIRS

Article I - Creation of the Office.

1.1 There shall be in the State Office of Affirmative Action, an Office of Handicapped Affairs.

1.2 The Director of the Office of Handicapped Affairs shall be appointed by the Governor and shall be under the supervision of the Director of the State Office of Affirmative Action and shall direct his or her full time to the duties of the office.

1.3 The Director of the Office of Handicapped Affairs, subject to the approval of the Director of the State Office of Affirmative Action, shall employ and remove such assistant directors and other employees and consultants as he or she may deem necessary to perform the functions of the Office. In making such determination, the Director shall make every reasonable effort to ensure that handicapped individuals are employed.

1.4 Said Office shall work in collaboration with the State Office of Affirmative Action and other relevant State, Federal, Municipal, and private agencies, boards, commissions, and authorities.

Article II - Functions of the Office.

2.1 The office shall:

2.1.1 Serve as the principal agency of the Commonwealth to Monitor public policies, regulations, and programs in order to expand the scope and improve the quality and co-ordination of existing services for handicapped persons, and promote the development of new services as necessary.

2.1.2 Provide accurate and timely information and referral to handicapped individuals seeking the services of governmental and private organizations seeking to meet the special needs of handicapped persons.

2.1.3 Provide accurate and timely information and referral. to handicapped individuals seeking the services of governmental and private organizations who can meet their needs.

2.1.4 Initiate and carry out studies to determine the extent, availability, and priorities of need for services to handicapped persons within the commonwealth.

2.1.5 Make recommendations to appropriate State agencies and to the Governor on priorities of needs. 2.1.6 Act as a clearing house for information, data, and other materials relative to handicapped persons.

2.2 In order to fulfill the functions of the Office, such information as the Director may require shall be made available to him or her, upon request, by any department, division, board, bureau, commission, or agency of the Commonwealth.

2.3 The Office shall prepare an annual report which shall be a public document. Such report shall include, but is not limited to, a review of the status of services to handicapped persons within the Commonwealth, recommendations for priorities for the development and coordination of services to handicapped persons, an assessment and evaluation of the progress made as the result of any such recommendations made in the preceding annual report, a statement of goals for activities of the office during the following fiscal year, and the steps to be taken by the office to implement the functions stated.

Article III - Office of Handicapped Affairs Advisory Council.

3.1 There shall be an Advisory Council to the Office which shall be appointed by the Secretary of Administration and Finance to serve for a period of two years.

3.2 The Council's membership shall be representative of the broad range of disabilities present in the Commonwealth, and a majority of its membership shall be other than State employees.

3.3 The Handicapped Affairs Advisory Council shall:

(1) Assist the Director in identifying public and private agencies who have responsibility for, or are concerned with, services to handicapped citizens; (2) Advise the Director on policy, planning, and priorities of need in the Commonwealth for improved services to handicapped citizens; (3) Advise the Director on the need for development of additional services not currently being provided; (4) Annually review the programs, budget, and policies of the office.

Article IV - Funding.  

4.1 Subject to the approval of the Secretary of Administration and Finance and in consultation with the Director of the State Office of Affirmative Action, the Director may apply for and accept on the behalf of the Commonwealth, any Federal, local, or private grants of money or property, whether real or personal, to aid in the financing of any of the programs or policies of the office.

4.2 Such funds shall be received by the State on behalf of the Commonwealth and deposited in the State Office of Affirmative Action account under an Office of Handicapped Affairs Budget and shall be expended under the direction of the Director of the Office of Handicapped Affairs with the approval of the Director of the State Office of Affirmative Action.

Article V - Contracts.

5.1 The Office may make agreement with other departments and agencies of the Commonwealth and may contract with other individuals, organizations, corporations, association, or other legal entities including private agencies or any agency of the Federal Government or the Commonwealth or any political sub-division thereof, to carry out any of the functions and purposes of the Office.

5.2 The Director of the Office of Handicapped Affairs shall establish standards and procedures governing such agreements and contracts subject to the approval of the Director of the State Office of Affirmative Action, and subject to the rules and regulations of the Executive Office of Administration and Finance.

Given at the Executive Chamber in Boston this 29th day of December in the Year of Our Lord, one thousand nine hundred and seventy- eight and of the independence of the United States, the two hundredth and third.

MICHAEL S. DUKAKIS
GOVERNOR
Commonwealth of Massachusetts

PAUL GUZZI
Secretary of the Commonwealth