Table of Contents
WHEREAS, it is the responsibility and commitment of the Commonwealth acting through its branches, officers, and departments to assure that persons with developmental disabilities receive the care, treatment, and other services necessary to enable them to achieve their maximum potential through a system which coordinates, monitors, plans, and evaluates those services and which ensures the protection of the legal and human rights of persons with developmental disabilities: and
WHEREAS, the fulfillment of these responsibilities is dependent upon the 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 Developmental Disabilities Act of 1984, P.L. 98-527, and successor legislation, offers the Commonwealth the opportunity to participate in a national program of assistance to the states to assist in the provision of comprehensive services to persons with developmental disabilities, with priority to those persons whose needs cannot be covered or otherwise met under The Education for All Handicapped Children Act, The Rehabilitation Act of 1973, or other health, education or welfare programs: 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 revoke Executive Order Nos. 122 and 141, and in place thereof, order as follows:
I. THE ESTABLISHMENT OF THE STATE PLANNING COUNCIL
There is hereby established a State Planning Council on Developmental Disabilities, called the Massachusetts Developmental Disabilities Council (hereinafter "Council"). The Council shall assist the Commonwealth in carrying out its requirements for participation in P.L. 98-527 (The Developmental Disabilities Act of 1984), successor legislation, or in any federal grant program, including but not limited to grant programs which would provide funds for services to developmentally disabled persons.
A. Placement of the Massachusetts Developmental Disabilities Council (MDDC) Within State Government
The Council is established within the Executive Office for Administration and Finance.
The Council shall be responsible to the Secretary of the Executive Office for Administration and Finance, or his designee, and shall submit to him/her such periodic reports on its activities as he/she may request.
B. Mandates of the MDDC
The Council shall in accordance with the Federal law and regulations:
(1) Develop jointly with the designated State agency or agencies the State Plan, including the specification of areas of services;
(2) Monitor, review, and evaluate, not less often than annually, the implementation of such State Plan;
(3) To the maximum extent feasible, review and comment on all State Plans and agency budgets in the State which relate to programs affecting persons with developmental disabilities;
(4) Submit to the U.S. Secretary of Health and Human Services, through the Governor, such periodic reports on its activities as the Secretary may reasonably request, and keep such records and afford such access thereto as the Secretary finds necessary;
(5) Serve as an advocate for persons with developmental disabilities;
(6) To increase the capacity of the Commonwealth to respond to the social, economic, and environmental needs of persons with developmental disabilities in the most humane, fair, individualized, and effective manner possible;
(7) To facilitate full access for persons with developmental disabilities to services, facilities, and benefits to which they may be eligible, and full opportunity to exercise the human and civil rights to which they may be entitled, through the removal of physical, social, legal, and administrative barriers to their full integration into the community; and
(8) To report to the Governor and the General Court at least annually on matters pertaining to the welfare and rights of persons with developmental disabilities.
C. Structure of the MDDC
The Council shall develop by-laws identifying the structure and operating procedures and policies for the conduct of its business. Council by-laws and Administrative Guidelines consistent with this Order and Federal laws and regulations, shall be developed by the Council. Council by-laws and Administrative Guidelines will conform to the requirements of Chapter 30A of the Massachusetts General Laws.
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.
All meetings shall comply with the provisions of Sections 11A and 11A-1/2 of Chapter 30A of the Massachusetts General Laws and successor legislation popularly referred to as "The Open Meeting Law."
The members of the Council shall be appointed by the Governor from among the residents of the Commonwealth. The Council shall at all times have a membership which shall consist of the following:
(1) Principal state agency chief executive officers, or their designated representatives responsible for planning, administering, providing or regulating programs and plans affecting the quality, extent and scope of services to persons with developmental disabilities, including but not limited to representatives of the Executive Office of Economic Affairs, the Executive Office of Human Services, the Department of Mental Health, the Department of Public Health, the Massachusetts Rehabilitation Commission, the Office of Handicapped Affairs, the Department of Social Services, the Department of Education, and the Department of public Welfare;
(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;
(7) Representatives from non-governmental agencies, private non-profit organizations, and groups concerned with services to persons with developmental disabilities;
(8) A representative from the State Protection and Advocacy System;
(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;
(10) At least one-half of the membership of the Council shall consist of persons who:
(a) are persons with developmental disabilities or parents or guardians of such persons, or
(b) are immediate relatives or guardians of persons with mentally impairing developmental disabilities, who are not employees of a state agency which receives funds or provides services through this program, who are not managing employees of any other entity which receives funds or provides services through this program, and who are not persons with an ownership or control interest in such an entity.
(11) Of the members of the Council who are consumers, at least one-third shall be persons with developmental disabilities, and at least one-third shall be immediate relatives or guardians of persons with developmental disabilities, and at least one of such individuals shall be an immediate relative or guardian of an institutionalized person with a developmental disability.
Nominees for Council membership in the categories of local agencies, non-governmental agencies, groups concerned with services to persons with developmental disabilities and consumers (parents and guardians) shall be obtained on the basis of open and public solicitation of applications from interested persons eligible to serve on the Council pursuant to the Developmental Disabilities Assistance and Bill of Rights Act and successor legislation.
Terms of Membership
Members representing principal State agencies shall be appointed for a term of one year each and shall serve at the pleasure of the Governor. Other members of the Council shall be appointed for a term of three years each and shall not serve more than two consecutive full terms.
There shall be a chairperson and vice-chairperson appointed by the Governor to serve concurrently with the term of the Governor. A consumer shall be appointed either chairperson or vice-chairperson. The chairperson and vice-chairperson shall not serve more than two consecutive terms.
Status of Council Members
The Council members shall be considered "special state employees," as defined by Massachusetts General Laws, Chapter 268A, Section (o), the so-called Conflict of Interest Law, as well as other legislation pertaining to the employment of such persons. Reimbursement of Expense 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.
The Council shall be entitled to the cooperation of every department, agency, and office in the Commonwealth, in furtherance of Council functions.
II. COUNCIL STAFF
The Council shall have adequate staff to consist of a director and such subordinate personnel as the Council deems necessary to fulfill its responsibilities under Federal law and this Executive Order. The Executive Director shall be appointed by the Secretary of the Executive Office for Administration and Finance with the advice of the Council and may be removed with like advice.
The Executive Director of the Council shall report to the Council and shall be responsible for the recruitment, recommendation or appointment by the Secretary of Administration and Finance and for the supervision of such staff as are required to fulfill Council mandates and responsibilities under Federal law and this Executive Order.
III. DESIGNATED STATE AGENCY FOR THE ADMINISTRATION OF THE STATE PLAN
The Executive Office for Administration and Finance (hereinafter "Administering Agency"), or other additional State agencies as may be designated in the State Plan, shall serve as the designated State agency under P.L. 98-527 and successor legislation. The Administering Agency shall receive those funds made available to the Commonwealth under P.L. 98-527, successor legislation or any Federal grant program, including but not limited to grant programs which would provide funds for services to developmentally disabled persons.
A. Powers and Duties of the Administering Agency
The Administering Agency shall:
(1) develop jointly with the Council the State Plan for Persons with Developmental Disabilities;
(2) administer and supervise the fiscal administration of the State Plan;
(3) provide for such fiscal control and fund accounting procedures as may be necessary to assure the proper disbursement of and accounting for Federal funds for developmental disabilities allotted to the Commonwealth; and
(4) shall have the final authority in making grants under the State Plan. The process for reviewing and awarding grants shall be conducted in accordance with federal program standards and pursuant to agreement between the MDDC and the Administering Agency.
B. Implementation of Protection and Advocacy System
The Administering Agency is hereby designated as the agency responsible for the State protection and advocacy system.
IV. FEDERAL COST SHARING
Implementation of the Order is contingent upon the annual appropriation and allocation of Federal funds, in conjunction with a reasonable annual contribution by the Commonwealth to be determined by the Secretary of the Executive Office for Administration and Finance.
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.
Given at the Executive Chamber in Boston this 5th day of May in the year of our Lord one thousand nine hundred and eighty-six, and of the Independence of the United States of America two hundred and ten.
MICHAEL S. DUKAKIS, GOVERNOR
Commonwealth of Massachusetts
MICHAEL JOSEPH CONNOLLY
SECRETARY OF THE COMMONWEALTH