EXECUTIVE
ORDER 96-06
SUPERSEDING
EXECUTIVE ORDER 91-05
STATE
DEVELOPMENTAL DISABILITIES COUNCIL
WHEREAS, On April 27, 1976,
Governor Daniel J. Evans issued Executive Order 76-03 establishing the State
Developmental Disabilities Planning Council, with that order 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, and
WHEREAS, In 1990, the earlier
federal enabling law, Public Law 95-602, was amended by Public Law 101-496, and
Governor Gardner issued Executive Order 91-05, and
WHEREAS, Public Law 101-496 was
amended in 1994 by Public Law 103-230 by the Development Assistance and Bill of
Rights Act of 1994 (the Act).
NOW, THEREFORE,
I, Mike Lowry, Governor of the State of Washington, do hereby
reaffirm the establishment of the State Developmental Disabilities Council,
hereinafter referred to the "Council", and require the following:
1. The
Council pursuant to the Act shall promote, through systemic change, capacity building,
and advocacy activities, the development of a consumer and family-centered
comprehensive system and a coordinated array of culturally competent services,
supports, and other assistance designed to achieve independence, productivity,
and integration and serve as an advocate and planning body for individuals 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 individuals 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
period reports on the Council's activities as a Secretary may reasonably
request.
3. In
order to fulfill its planning, public policy, 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 memorandums setting forth their working
relationship in order to meet the requirements of the Act.
4. The
Act requires a state agency to be designed to receive, account for, and
disburse funds available under this act. The Department of Community, Trade and
Economic Development (CTED) is designated as this agency and shall fulfill the
responsibilities of the designated state agency delineated in the Act. The
Council shall operate within federal and state policies and procedures in all
its administrative functions and the Department shall assist the Council in
maintaining compliance.
5. 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. A selection process shall be designed by the Council in conjunction
with the Director of CTED. Termination of the Executive Director of the Council
by the Council may be done only after notification and in consultation with the
Director of CTED. The Executive Director of the Council shall be supervised by
the Council Chair. The Council shall determine the number and qualifications of
staff hired under the funds available to it. 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 CTED.
6. The
Council and staff shall be funded from monies available under the Act and the
funds shall be expended according to the provisions of the Act and federal/state
regulations.
7. 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 shall serve at the pleasure of the
Governor. The Governor shall designate the Chair 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 principal state agencies/programs, higher education
facilities/university affiliated programs, 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
that at least one-half of the membership of the Council shall consist of
persons who are:
A. Persons with developmental
disabilities or parent or guardians of such persons; or
B. Immediate relatives or guardians of
persons with mentally impairing developmental disabilities.
C. Persons so 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 A and B, above:
1. at least one-third shall be persons
with developmental disabilities, and
2. at least one-third shall be
immediate relatives of guardians of persons with mentally impairing
developmental disabilities; and
3. at least one individual shall be an
immediate relative or guardian of an institutionalized person with a
developmental disability or an individual with developmental disabilities who
resides or previously resided in an institution.
8. All
aspects of the State Developmental Disabilities Council shall comply with, and
conform to the requirements of federal law.
9. This
order is effective immediately and shall supersede Executive Order 91-05 which
is hereby rescinded.
IN WITNESS WHEREOF, I have hereunto
set my hand and caused
the seal of the State
of Washington to be
affixed at Olympia
this 20th day of
November A.D., Nineteen hundred and ninety-six.
MIKE LOWRY
Governor of Washington
BY THE GOVERNOR:
_________________________________
Secretary of State, Assistant
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