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Oregon Bulletin

December 1, 2013

 

EXECUTIVE ORDERS

EXECUTIVE ORDER NO. 13 - 14

OREGON COUNCIL ON DEVELOPMENTAL DISABILITIES (RESCINDS EXECUTIVE ORDER NO. 02 - 24)

The U.S. Congress has enacted Public Law 106-402 to assist states to provide persons with developmental disabilities the opportunities necessary to become fully integrated and included in their communities, and to achieve their potential for independence, productivity, and self determination. Under Public Law 106-402, states receive grants to establish and maintain a Council to undertake advocacy, capacity building and system change activities that contribute to a coordinated, consumer and family-centered, consumer and family-directed, comprehensive system of community services, individualized supports, and other forms of assistance for people with developmental disabilities.

The Oregon Council on Developmental Disabilities was initially established by Executive Order No. 74-18, and was continued by Executive Order Nos. 76-25, 79-11, 83-07, 88-07 (amended by EO 98-08 and EO 99-08) and 02-24. The Oregon Council on Developmental Disabilities, previously known as the Oregon Developmental Disabilities Council, should be continued under the mandate of PL 106-402 and as directed in this executive order.

NOW THEREFORE, IT IS HEREBY DIRECTED AND ORDERED:

1. The Oregon Council on Developmental Disabilities Council is established to serve as an advocate for persons with developmental disabilities, and to advise the Governor, the Legislative Assembly, state agencies, and the public on matters relating to the needs and rights of such persons and their families. In doing so, the Council shall:

a. Prepare an Oregon Council on Developmental Disabilities State Plan, as required by federal law, which describes the extent and scope of services provided to persons with developmental disabilities by federally assisted state programs, sets out specific objectives and related activities to be achieved under the Plan, and lists the state and federal resources to be used to meet such objectives.

b. Monitor, review, and evaluate annually the implementation of the Council’s plan. Submit to the Administration on Developmental and Intellectual Disabilities, Administration on Community Living, in the Health and Human Services Department of the federal government, annual reports describing the strategies, activities, and outcomes of the preceding year in relation to the Council’s state plan, together with an accounting of the manner in which the federal and matching state funds were expended.

c. Engage in activities necessary to achieve the goals identified in the 5 Year Plan.

d. Review and make recommendations to the Governor and relevant state agencies regarding the administration, management, and resources utilization of programs pertaining to persons with developmental disabilities.

e. Review and make recommendations to the Governor and relevant state agencies regarding current or proposed legislation affecting persons with developmental disabilities.

f. Review and make recommendations regarding the state’s system for monitoring the quality of, and human rights protections in, state-sponsored programs for persons with developmental disabilities.

g. Assist state and local agencies to do coordinated planning by conducting public policy forums, studies, and other assessments of the major issues and challenges facing the service delivery system.

h. Coordinate public education efforts that seek and promote positive attitudes toward, and valued acceptance of, persons experiencing disabling conditions.

2. The Department of Human Services shall be the designated state agency to review the administration of the Council’s state plan, keep records as needed by the Council and the federal government, and provide fiscal support and fund accounting.

3. The Council shall recommend to the Governor through the designated state agency, a staffing pattern adequate to carry out its duties and functions. Consistent with state law, the Council shall recruit, hire, supervise, and evaluate the Executive Director. The Administrator of the designated state agency shall appoint the Council’s Executive Director upon decision of the Council. Other Council staff shall be appointed upon the recommendation of the Council Executive Director, within the Council’s hiring authority.

4. Council members shall be appointed by the Governor. The Council may offer recommendations regarding membership for the Governor’s consideration. Council members shall serve four-year terms. The Governor may reappoint the same person to a second succeeding term. Membership shall consist of representatives as specified in Public Law 106-402.

5. The Council shall elect a Chairperson by majority vote. The Chairperson shall serve for a term of two years and may serve no more than one succeeding term. The Council shall meet at the call of the Chairperson, but not less than four times per year. The chairperson may appoint committees, as needed, consisting of Council members and non-members.

6. Except as otherwise specified herein, Council members shall receive no compensation for their services, but are entitled to reimbursement for actual and necessary travel and other expenses incurred in the performance of their duties. Such expenses shall be paid from the budget of the Council, except that members who are public employees or employees of represented organizations or constituency groups shall be reimbursed by the respective agencies. Members of committees shall also not receive compensation, but may receive reimbursement for travel as in the case of members of the Council.

7. Subject to the availability of funds designated in the budget of the Council, all Council members, except public employees and employees of represented organizations or constituency groups, shall be eligible for a stipend for each day or partial day the member attends a meeting(s) sanctioned by the Chairperson or Executive Director. Such payments are set by the Council and may not exceed the amount established in ORS 292.500.

8. Consistent with Oregon and federal law, the Council shall develop a budget for its personnel, administration, and activities necessary to implement the Council’s State Plan, which shall be submitted to the Department of Human Services to allow the Department to keep records as needed by the Council and the federal government, and provide fiscal support and fund accounting.

9. Executive Order No. 02-24 is rescinded.

Done at Salem, Oregon, this 18th day of November, 2013.

         /s/ John A. Kitzhaber

         John A. Kitzhaber, M.D.

         GOVERNOR

         ATTEST

         /s/ Kate Brown

         Kate Brown

         SECRETARY OF STATE

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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