Vermont § 16 - Executive Order No. 33-16 (No. 05-07) [Vermont Developmental Disabilities Council]

§ 16. Executive Order No. 33-16 (No. 05-07) [Vermont Developmental Disabilities Council]

• WHEREAS, Congress recognizes that disabilities are a natural part of the human experience
  that do not “diminish the right of individuals with developmental disabilities to
  live independently, to exert control and choice over their own lives, and fully participate
  in and contribute to their communities through full integration and inclusion in the
  economic, political, social, cultural, and educational mainstream” of society, 42 U.S.C. § 15001; WHEREAS, it is the purpose of the Developmental Disabilities Assistance and Bill of
  Rights Act 2000, 42 U.S.C. 15001 et seq. (hereinafter the Act), “to assure that individuals with developmental disabilities
  and their families participate in the design of and have access to needed community
  services, individualized supports, and other forms of assistance that promote self-determination,
  independence, productivity, and integration and inclusion in all facets of community
  life, through culturally competent program” authorized under the Act; and WHEREAS, the State of Vermont and its various departments and agencies provide services
  to individuals with developmental disabilities and their families in order to provide
  the information, skills, opportunities, and support necessary to achieve full integration
  and inclusion in society; and WHEREAS, individuals with developmental disabilities often require lifelong community
  services, individualized supports, and other forms of assistance, that are most effective
  when provided in a coordinated manner; and WHEREAS, individuals with developmental disabilities and their families are the primary
  decision-makers regarding the services and support such individuals and their families
  receive and they should contribute to policy decisions and program development that
  affect their lives; and WHEREAS, our communities are enriched by the contributions of individuals with developmental
  disabilities and their families who participate fully and actively in community activities
  and, with education and support, communities can become more accessible and responsive
  to their needs. NOW, THEREFORE, BE IT RESOLVED THAT I, James H. Douglas, by virtue of the power vested
  in me as Governor of the State of Vermont, do hereby establish the Vermont Developmental
  Disabilities Council to engage in advocacy, capacity building, and systemic change
  activities consistent with the purposes and policies of the Act that contribute to
  a coordinated, comprehensive system of needed community services, individualized supports,
  and other forms of assistance that promote self-determination of individuals with
  developmental disabilities and their families. In the implementation of its charge, the Council shall: (1) Conduct a comprehensive review and analysis of the adequacy of services, supports
  and other assistance available to individuals with developmental disabilities and
  their families in Vermont, including a description of service systems and policies,
  and the extent of direct benefits and unmet needs; (2) Develop a 5-year strategic State plan through a planning process that includes stakeholder
  input and is derived from identified unmet needs of individuals and families; (3) Inform the Governor and other policymakers annually about issues impacting the lives
  of individuals with developmental disabilities and their families; (4) Implement the State plan by providing and supporting advocacy, capacity building,
  and systemic change activities such as outreach, training, technical assistance, support
  and education activities in communities, interagency collaboration and coordination,
  coordination with related councils, committees, and programs, barrier elimination,
  systems design and redesign, coalition development, citizen participation, and demonstration
  projects; (5) Prepare, approve and implement a budget using amounts authorized by the Act; (6) Hire an Executive Director to supervise the staff of the Council, to approve and hire
  other staff, and to obtain other professional, technical, and clerical personnel consistent
  with state law determined by the Council to be necessary to carry out its functions; (7) Submit periodic reports on the Council’s activities and outcomes as reasonably requested
  by the Secretary of U.S. Health and Human Services, keep records, and afford access
  as the Secretary finds necessary to verify those reports; and (8) Adopt by-laws, develop operating policies, and form such committees and task forces
  as may be required to undertake specific projects authorized by the Council. The Council shall consist of no less than 21 and no more than 25 members as necessary
  to meet the requirements established in the Act, as that Act may from time to time
  be amended. Up to five members of the Council shall be representatives from the Agency
  of Human Services designated by the Secretary and one member shall be a representative
  from the Vermont Department of Education designated by the Commissioner. The Governor shall appoint all remaining members, at his discretion, and after soliciting
  recommendations as required by the Act. Members shall be geographically representative
  of the State and reflect the diversity of the State with respect to race and ethnicity,
  and shall include: (1) One representative from Vermont Protection and Advocacy; (2) One representative from the University of Vermont Center on Disability & Community
  Inclusion; (3) Up to two representatives from local and non-governmental agencies and private nonprofit
  groups concerned with services for individuals for developmental disabilities in the
  State; (4) An additional number of members to constitute at least 60% of the Council membership
  as follows: 1/3 shall be individuals with developmental disabilities, 1/3 shall be
  parents or guardians of children with developmental disabilities or immediate relatives
  or guardians of adults with disabilities, and 1/3 shall be a combination of these
  individuals provided that members under this subsection shall not be employees of
  a state agency or other entity that receives funds or provides services under the
  Act. At least one of these members shall be an immediate relative or guardian of an
  individual with a developmental disability who resides or previously resided in an
  institution. The Council shall elect a Chair from among its members, subject to the approval of
  the Governor. Appointed members shall have the authority to engage in policy planning
  and implementation on behalf of their agency, department or program. Except for state
  and public agency representatives, members of the Council may serve no more than two
  terms of three years each. Public members of the Council shall be entitled to appropriate
  support and reimbursement of expenses as described in the Act and with available funds
  received under the Act. The Agency of Human Services shall serve as the state agency designated to provide
  support to the Council on behalf of the state. The Council shall periodically review
  the activities of the designated state agency to assure that it is in compliance with
  the Act. This Executive Order supersedes and replaces Executive Order No. 05-94 (codified as
  No. 3-27), dated April 20, 1994. The Council created by this order, however, shall
  be a continuation of, and successor to, the Council established by Executive Order
  No. 05-94. Members of the Council on the effective date of this order shall continue
  to serve until the expiration of their terms and may be re-appointed unless a public
  member has served two terms. This Executive Order shall take effect upon signing and shall be reviewed at least
  every five years to ensure continuing compliance with the Act as it may from time
  to time be amended. Dated August 14, 2007.