EXECUTIVE
ORDER 91-05
SUPERSEDING
EXECUTIVE ORDERS 76-03, 82-23, 85-03
STATE
DEVELOPMENTAL DISABILITIES PLANNING COUNCIL
On April
27, 1976, Governor Daniel J. Evans issued Executive Order 76-03 establishing
the State Developmental Disabilities Planning Council. The order was
subsequently amended in 1982 by Governor John Spellman in Executive Order 82-23
and in 1985 by Governor Booth Gardner in Executive Order 85-03. In 1990, the
earlier federal enabling law, Public Law 95-602, was amended by Public Law
101-496, the Developmental Disabilities Assistance and Bill of Rights Act of
1990, ("The Act".)
NOW
THEREFORE, I, BOOTH GARDNER, Governor of the
State of Washington, do hereby reaffirm the establishment of the State
Developmental Disabilities Planning Council, ("The Council") and
require the following:
1 The Council pursuant to The Act shall
serve as an advocate and planning body for people with developmental
disabilities in the State of Washington. It shall advise the Governor of
significant issues and future trends in the provision of services to people
with developmental disabilities.
2. The Council shall
establish priorities, set the principles, and determine the service delivery
needs to be met in the state plan required under The Act. The Council's duties
shall also include the monitoring, review and evaluation, not less often than
annually, of the implementation of the state plan; to the extent feasible,
review and comment on all state plans which relate to programs affecting
persons with developmental disabilities; submit to the Secretary of the federal
Department of Health and Human Services, through the Governor, such periodic
reports on the Council's activities as the Secretary may reasonably request.
3. In order to fulfill its
planning and advocacy functions, the Council will have access to all necessary
information from the principal state agencies whose responsibilities include
serving persons with developmental disabilities. The Council and the principal
state agencies shall have the responsibility to develop written agreements
setting forth their working relationship in order to meet the requirements of
The Act.
4. The Act requires a state agency to be
designated to receive, account for, and disburse funds available under this
act. The Department of Community Development is designated as that agency. The
Council shall operate within federal and state policies and procedures in all
its administrative functions and the Department of
Community Development shall assist the Council in maintaining compliance. The
Executive Director for the Council is an exempt employee and shall be hired by
the Council from a list of three candidates selected through a screening
committee and the selection process shall be mutually agreed upon between the
Council and the Director of the Department of Community Development.
Termination of the Executive Director of the Council by the Council may be done
only after notification and in consultation with the Director of Community
Development.
The
Executive Director of the Council shall be supervised by the Council
Chairperson. The Executive Director of the Council shall hire and be
responsible for the staff, except staff assigned to the functions of accounting
and auditing, which shall be hired by and responsible to the Director of the
Department of Community Development.
5. The Council and staff shall be funded from
monies available under The Act.
6. The Council shall be composed of
thirty-three (33) members of which twelve (12) shall
constitute a quorum. Members of the Council shall be appointed by the Governor,
and the Governor shall designate the Chairperson of the Council who shall serve
at the pleasure of the Governor. Council members shall serve no more than two
consecutive three-year terms. The membership of the Council shall include
representatives of the principal state agencies, higher education facilities,
the state protection and advocacy system, local agencies, and non-governmental
agencies and groups concerned with services to people with developmental disabilities
within the state provided further at least one-half of the membership of the
Council shall consist of persons who are:
A. Persons with developmental disabilities or
parents or guardians or such persons; or
B. Immediate relatives or guardians of persons
with mentally impairing developmental disabilities.
C. Persons designated in A and B above shall
not be employees of a state agency that receives funds or provides services to
people with developmental disabilities or are managing employees of any other
entity that receives funds or provides services, or persons with an ownership
or controlling interest with respect to any such entity.
D. Of the members of the Council described in
paragraphs A and B:
(1) at least one-third shall be persons with
developmental disabilities;
(2) at least one-third shall be immediate
relatives or guardians of persons with mentally impairing developmental
disabilities; and
(3) at least one individual shall be an
immediate relative or guardian of an institutionalized or previously
institutionalized person with a developmental disability.
7. All aspects of the State
Developmental Disabilities Planning Council shall comply with, and conform to
the requirements of federal law.
IN WITNESS WHEREOF, I have hereunto
set my hand and caused
the seal of the State
of Washington to be
affixed at Olympia
this 9th day of August
A.D., Nineteen hundred and ninety-one.
BOOTH GARDNER
Governor of Washington
BY THE GOVERNOR:
_________________________________
Secretary of State
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