DD Council Chairperson Orientation Materials Dear Chairperson, This information guide will provide you with fundamental information about the Developmental Disabilities Assistance and Bill of Rights Act (PL 106-402), the role and 1
responsibilities of Council members, responsibilities of a Designated State Agency, Council activities, strategies, and other information you may find helpful as you fulfill your role as Chairperson. 2
The Administration on Intellectual and Developmental Disabilities (AIDD) The Administration on Developmental Disabilities is the lead agency for administering all programs associated with the Developmental Disabilities Assistance and Bill of Rights Act of 2000. AIDD s Placement within Federal Government The Department of Health and Human Services (DHHS) is the United States (U.S.) government's main agency for protecting the health of all Americans and provides essential human services, especially for those who are least able to help themselves. HHS includes more than 300 programs. One of the agencies in the Department of Health and Human Services is the Administration on Community Living (ACL). The Administration on Intellectual and Developmental Disabilities (AIDD) is the U.S. Government organization responsible for seeing that the Developmental Disabilities Assistance and Bill of Rights Act of 2000, known as the DD Act, is put into action. AIDD, its staff and programs, are part of the Administration for Community Living, of the U.S. Department of Health and Human Services. 3
The Developmental Disabilities Assistance and Bill of Rights Act of 2000 The Developmental Disabilities Assistance and Bill of Rights Act of 2000 is commonly known as the DD Act. A working knowledge of this law is fundamental to a DD Council member s ability to effectively govern his/her organization. The Developmental Disabilities Assistance and Bill of Rights Act of 2000 (more commonly known as the DD Act) is a federally funded program for individuals with developmental disabilities. Title I within the Act describes programs for individuals with developmental disabilities. The General Provisions of this title are intended 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 programs authorized under the title. The DD Act is made up of four Titles Title I describe Programs for Individuals with Developmental Disabilities and include 5 subtitles: Subtitle A Subtitle B Subtitle C Subtitle D Subtitle E General Provisions Federal Assistance to State Councils on Developmental Disabilities Protection and Advocacy of Individual Rights National Network of University Centers for Excellence in Developmental Disabilities Education, Research and Service Projects of National Significance Title II of the DD Act is Family Support Title III of the DD Act is Program for Direct Support Workers who Assist Individuals with Developmental Disabilities The DD Act can be found at the following web-site: http://www.acl.gov/programs/aidd/dda_bor_act_2000/indexaspx 4
The DD Network The Developmental Disabilities Network is made up of State Councils, Protection and Advocacy Systems, University Centers for Excellence and Projects of National Significance. Each partner plays an important role in improving the quality of life of individuals with developmental disabilities. DD Councils (the one you now Chair). There are 56 DD Councils funded under the DD Act. https://www.acl.gov/node/467 Protection and Advocacy Program (P & A s). The Developmental Disabilities Protection and Advocacy Program provides grants to establish and maintain a protection and advocacy system in each State to protect the legal and human rights of all persons with developmental disabilities. There are 57 State protection and advocacy systems funded under the DD Act. https://www.acl.gov/node/70 University Centers for Excellence in Developmental Disabilities Education (UCEDD) Funding is provided to support the operation and administration of the 61 UCEDDs in every State and territory that comprise the nationwide system. UCEDDs perform interdisciplinary training, community service, technical assistance, research, and information dissemination activities. UCEDD programs are designed to increase the independence, productivity, and community integration of individuals with developmental disabilities. https://www.acl.gov/node/466 5
Your role as Chairperson of a Council on Developmental Disabilities is an important one The role of a Council Chairperson is filled with many responsibilities. The most common responsibilities of a Chairperson for a Council on Developmental Disabilities are: Preside over DD Council meetings Serve as Chair of the Executive Committee Oversee the annual evaluation of the Executive Director Represent the DD Council to the public and to policymakers Guide the DD Council in upholding the principles, purposes and responsibilities of the DD Act Provide leadership and direction in all undertakings of the DD Council Serve as the official representative and spokesperson of the DD Council Sign official reports (as applicable and appropriate) Work in close partnership with the Executive Director The Chairperson may have other responsibilities unique to your DD Council. You will want to check with the DD Council Executive Director for more information. In Section 125 (c) of the DD Act, Council responsibilities are provided. One of the responsibilities is Staff Hiring and Supervision. This responsibility involves annually evaluating the Executive Director. The majority of DD Council Chairpersons oversees this responsibility, but must follow State or Territory personnel policies and procedures as applicable. Reminder! The Executive Director is the staff member who works for the Council. All other Council staff members work under the direction of the Executive Director and are responsible to and evaluated by the Executive Director. As you serve as the official representative and spokesperson of the DD Council, and represent the DD Council to the public and to policymakers, you have essentially been entrusted with the care of the DD Council. It is important to keep the DD Council vision, mission, and values foremost in your mind as you carry out your duties. Always recognize that as the DD Council Chairperson and DD Council member, you represent the DD Council in the eyes of the public. Character does matter; a DD Council member has a responsibility to act above reproach for the good of the DD Council. Be sure to hold the DD Council in the best possible light, and be aware that your actions as a DD Council member may affect the future of the DD Council. Being named to the DD Council is an honor in which you can rightfully be proud. But remember, every honor carries its responsibilities. When representing the DD Council, the DD Council Chairperson and ALL DD Council members should always state the position of the DD Council and not their own personal position. 6
The core responsibilities of a Chairperson for meetings are to: consult with other DD Council Executive Committee members and staff regarding the agenda ensure that all parties have been notified and the agenda has been circulated assess the level of interest and the potential for divisiveness for each item Allot time to each item, based on decisions required and number of people attending. During the meeting, the Chairperson must focus on: Monitor the meeting, keep people on task and to the agenda the decisions required of the meeting, ensuring that all participants are accorded adequate time and that quiet members participate (make sure individuals are not dominating conversations) deciding when to end debate on each topic, using appropriate questions to clarify information or re-direct discussion, listening carefully to all contributions, clearly summarizing proceedings with an emphasis on decisions taken and future plans using parliamentary procedures during meeting monitoring potential conflict of interest issues with members giving adequate breaks and expressing your appreciation The above are all key ingredients for a fruitful meeting. A tactful but assertive Chairperson will facilitate an effective meeting, and DD Council members will feel valued and their time, energy and commitment to individuals with developmental disabilities will be respected. 7
Basic Meeting Rules 1. All remarks are addressed to the presiding chairperson. 2. The chairperson calls the meeting to order. 3. The chairperson checks to see if there is a quorum. 4. The agenda is approved. 5. The minutes are approved. 6. Committee /Chair reports - if applicable. 7. Announcements 8. Old Business (unfinished business from previous meetings.) 9. New business 10. Program (guest speakers, etc.,) if applicable. 11. Adjournment Things to know 1. Addressing the Chair Mr. Chair or Madam Chair 2. Quorum - A quorum is the number of people your Council requires to make official decision on behalf of the DD Council or Committee membership 3. Point of Order Can be called when there is a breach in basic meeting conduct. 4. Member rights The minority has rights that must be protected. DD Council members must not attack and/or question the motives of other DD Council members. Making a Motion (Basics) 1. A DD Council member raises his/her hand, is recognized by the Chairperson, make the motion clearly and concisely. 2. The motion is seconded. 3. The Chairperson restates the motion to the audience. 4. The Council debates/discusses the motion. a. No member may speak twice to the same issue until everyone who wishes to speak has spoken once. b. All remarks must be directed to the Chair. c. All remarks must be courteous, on point, unbiased and non-judgmental. d. The Chairperson should moderate discussion. 5. A motion can be amended. 6. The question is called. This ends debate/discussion. 7. The vote is taken. 8. The Chairperson announces whether the motion was adopted or not; instructs the appropriate DD Council member or DD Council staff member to take action. 8
GENERAL PRINCIPLES OF PARLIAMENTARY PROCEDURE Parliamentary Procedure chart TO DO THIS INTRODUCE business (a primary motion) AMEND a motion AMEND an amendment* NOTE: Roberts allows only 1 amendment to an amendment. If that does not resolve the issue, the main motion should be withdrawn or defeated and a new motion introduced. YOU SAY THIS I move to. I move to amend this motion by. I move to amend the amendment by. May you interrupt the speaker? No No No Must you be Seconded? Yes, unless the motion comes from a committee Yes, unless the amendment is minor and the person who made the primary motion is agreeable to the change Yes, unless as above. NOTE: An amendment to an amendment may only seek to change the amendment and not the main motion. Is the motion debatable? Yes Yes Yes What vote is required? Majority Majority Majority CALL for a vote NOTE: This motion, by itself, does not end debate. A 2/3 majority vote in the affirmative is required to end debate. I move the previous question No Yes No 2/3 Majority 9
TO DO THIS TABLE a motion for consideration at the next meeting* NOTE: A tabled motion not taken up at the next meeting dies and must be reintroduced. YOU SAY THIS I move to table this motion May you interrupt the speaker? Must you be Seconded? Is the motion debatable? What vote is required? No Yes No Majority STUDY an issue RECONSIDER a motion already disposed* NOTE: To make this motion, one must have voted on the prevailing side. This motion must occur before the meeting at which the motion was made and disposed is adjourned. This motion only reopens debate, another vote must be taken to dispose of the matter again. RESCIND a decision made at a previous meeting* VERIFY a voice vote SUSPEND the rules I move to refer this motion to committee I move we reconsider our action relative to. I move to rescind the motion previously made relative to. I call for a division of the house I move to suspend the rules and consider. No Yes Yes Majority Yes Yes Yes Majority No Yes Yes Majority No No No No vote No Yes No 2/3 Majority 10
TO DO THIS OBJECT to a procedure or personal affront* YOU SAY THIS Point of order May you interrupt the speaker? Must you be Seconded? Is the motion debatable? What vote is required? Yes No No No vote REQUEST information* Point of information RECESS I move that the meeting we recess until. ADJOURN the I move that meeting we adjourn * these motions are not amendable Yes No No No vote No Yes No Majority No Yes No Majority Thanks to the Oklahoma DD Council for sharing the chart. 11
The Business of DD Councils.. Ultimately the Council must enable individuals with developmental disabilities to exercise selfdetermination, be independent, be productive, and be integrated and included in all facets of community life Purpose of the DD Council Engage in advocacy, capacity building and systemic change activities Contribute to a coordinated, consumer and family centered, consumer and family directed, comprehensive system of community services, individualized supports and other forms of assistance DD Council Authority Engage in public policy planning and implementation Avoid the appearance of any conflict of interest The DD Council must be free to act The State Plan must provide assurance that the designated State agency (DSA) or any other agency, office or entity of the State, will not interfere with the advocacy, capacity building activities, budget, personnel, State plan development, or plan implementation of the Council DD Council Responsibilities Promote and support advocacy, systems change and capacity building activities for individuals with developmental disabilities and their families Conduct or support initiatives that improve the quality of life for individual with developmental disabilities Develop a 5-year State plan Implement the 5-year State plan Monitory progress of the 5-year State plan and amend it as necessary and appropriate Periodically review the mandated functions of the Designated State Agency Annually provide a report of progress made on the 5-year State plan to AIDD Prepare, approve and implement a budget using the amount provided by AIDD Recruit, hire, and annually evaluate a DD Council Executive Director (consistent with State laws and policies) Support the hiring of staff to assist the DD Council in carrying out its responsibilities Ensure the inclusion of a goal for each year of the 5-year State plan that establishes or strengthens a program for the direct funding of a State self-advocacy organization led by individuals with developmental disabilities; support opportunities for individuals with developmental disabilities who are considered leaders to provide leadership training to 12
individuals with developmental disabilities who may become leaders; and support and expand participation of individuals with developmental disabilities in cross-disability and culturally diverse leadership coalitions The following section expands on the overall DD Council responsibilities and provides details on basic DD Council member responsibilities. Basic responsibilities of a DD Council Member Adapted from BoardSource Governance Series Role and Responsibility: What is the difference? Role defines position within an organization Responsibility defines functions of the position Determine mission (the purpose of a DD Council is prescribed by the DD Act) o Create and review a statement of mission and purpose that speaks to the DD Council s goals and primary people served. TIP: Use the mission statement as a frame of reference when making DD Council decisions. Review the mission statement regularly for the purpose of reaffirming the current mission statement or to determine if adjustments need to be made. Select the Executive Director o Review and update the Executive Director job duties and responsibilities; undertake a careful search to find the most qualified person for the position This is a DD Act mandate. The DD Council recruits and hires the Director. The Director recruits, hires, all other staff. Support and annually evaluate the Executive Director o DD Council members should ensure the Executive Director has the moral and professional support to further the goals of the organization; annually evaluate the Executive Director following applicable policies and procedures. The annual evaluation of the DD Council ED is a DD Act mandate. The processes for conducting an evaluation vary from Council to Council; however, it is important that the annual evaluation for the Council Director is conducted by the DD Council (not the DSA or other entity of the state). TIP: Ensure all DD Council members know the general process and timeline for the annual evaluation of the Executive Director. Inform the DD Council of the completion and results of the annual evaluation once completed. 13
Ensure effective planning o DD Council members should actively participate in the overall planning process for the DD Council 5 year state plan This is a DD Act mandate. The Council shall develop the State plan and submit.. Active participation means that a DD Council member will use the information gained from the Comprehensive Review and Analysis (the state of affairs for people with DD and their families in the State) and information from the public at large to identify the unmet needs of people with DD and their families. TIP: The personal experiences a citizen member of the DD Council brings to the Council is important because they have current knowledge and experiences accessing the service delivery system, community services, personalized supports and other experiences connected to the disability experience. However, individual DD Council members represent all citizens with developmental disabilities in the State/Territory in essence, representation on the DD Council extends beyond the single person as the leadership and guidance provided by the individual DD Council member affects all citizens with developmental disabilities in the State/Territory. DD Council members can take advantage of opportunities to listen to other people in the State/Territory who live with developmental disabilities. Information gained at the local level can be brought forward during DD Council meetings. Implement and monitor the DD Council 5 year State plan o DD Council members should actively participate in the implementation of the 5-year State plan (by providing leadership for strategies, activities, and approving funding) and monitor the plan s goals Each year, the DD Council must submit a report of its progress toward the goals of the 5- year state plan. This report is called the Annual Program Performance Report or PPR. Many DD Councils include a status report on all activities of the 5-year State plan during their regular scheduled meetings. This is a great way for the Council to celebrate successes! Address challenges and provide leadership and guidance to the DD Council staff on the implementation of the 5-year State plan. TIP: As part of each DD Council meeting agenda, include a status report on activities and initiatives used to implement the 5-year State plan. Ensure all DD Council members know what process the DD Council staff uses to assess the impact of DD Council work; determine how the information can be used to inform the work and future decisions. Note: The DD Act mandates that a minimum of 70% of each year s grant award be dedicated to implementing the goals/objectives of the DD Council 5-year State plan. 14
Approve and implement the budget; provide financial oversight o DD Council members should assist in developing, approving and implementing the annual budget This is a DD Act mandate. Each Council shall prepare, approve and implement an operating budget this often includes tasks such as funding activities to be initiated with grant funds and/or approving new and continuation grant awards. In addition, the DD Council should provide financial oversight by monitoring the Council s financial status on a regular basis (most Councils do this as part of their regularly scheduled meetings). In order for a DD Council member to fulfill their ROLE, and perform the responsibilities of their role, the following is common information DD Council staff provide to DD Council members: Annual Operating budget Funds awarded for grants and/or contracts for Initiatives Summary of Federal Year of Funds Funds Available for Future Projects Common responsibilities of DD Council staff related to budget activities include: Establish the operating budget for the DD Council, allocation of funds among strategies and initiatives; approving expenditures of funds within the budget approved by the DD Council; completing financial reports in a timely manner; and, recommending budgetary activities. Build a competent DD Council o Identify potential members for appointment; orient and mentor new members; periodically evaluate individual and overall DD Council membership effectiveness The DD Council will only be as effective as its individual members. The DD Act allows for DD Councils to recommend to the Governor people to serve as DD Council members. This is not a mandate, but allowed and should work in concert with the process the DD Council follows in the State/Territory. Orientation to the DD Council will help clarify ex\ 8inkpectations for individual Council members. Orientation sessions typically include responsibilities, how the DD Council is organized to do the work, relationships with staff, etc. Additional information such as mission, history, major achievements and accomplishments, budget, 5-year state plan, initiatives and other topics are typically included. A post-orientation evaluation may be conducted as a best-practice to identify areas for improvement. Ensure legal and ethical integrity (conflict of interest, code of conduct, etc.) o Be knowledgeable about legal and ethical requirements for public officials; follow all conflict of interest policies (and other policies, as applicable) to ensure the public trust. Words such as diligence, commitment, and vigilance are often attached to the DD 15
Council membership role as they oversee Council business words such as compliance, transparence and accountability are often attached to the DD Council reputation and public standing. Compliance means the regulatory (DD Act mandates) and legal requirements attached to the funding and operation of the DD Council. Transparency means being open with accurate information about funding, the use of funding, major activities and other areas such as organizational policies and procedures, requests for information, etc. Accountability refers to the ability to follow DD Council policies and procedures. Annually, the DD Council is required to sharing information about the DD Council activities, accomplishments, and challenges for specific reporting periods. In addition, the DD Act mandates that all Councils adopt and use a conflict of interest policy to ensure DD Council members are free from real or perceived conflict of interest. Enhance the DD Council s public standing o Be able to talk about the DD Council mission, accomplishments and goals to the public and gain support from the community. DD Council members serve as a link between the DD Council and the citizens of the State. Being able to strategically communicate the DD Council s story and contribute to a healthy and accurate public image for the Council is essential. DD Council members should be in a position to talk about DD Council achievements (information in annual reports, press releases, web-site announcements), and be able to deliver an interesting and compelling explanation of the DD Council s purpose and mission. Some DD Councils take a little time to generate a one-minute speech designed to share information about the DD Council purpose and mission. As a DD Council member, developing and practicing your individual speech will help you be an ambassador for the DD Council. Five Rules for effective meetings Come on time and come prepared Listen to others Build on what others say Stick to the Agenda Speak up but don t monopolize the discussion 16
THE DD COUNCIL STATE PLAN DD Councils must develop a 5-Year State Plan that tells the public how services and programs for individuals with developmental disabilities and their families should be 5 years from now. The foundation of the plan includes 5 year goals and objectives that are implemented annually during the 5 year period. Additionally, the plan provides serves as guidance to the DD Council regarding how to spend the federal grant award and other resources. These strategies include: Outreach, technical assistance, training, educating communities, coordination, coalition building, individual advocacy and other system change activities. Councils can support and conduct a variety of activities. The Developmental Disabilities Assistance and Bill of Rights Act of 2000 provides guidelines by which Councils can implement their State plan by conducting and supporting advocacy, capacity building and systemic change activities including: Reference: Section 125(c)(5)(B-L) Outreach activities to identify people with developmental disabilities and their families; help people with developmental disabilities and their families obtain services, individualized supports and Assistance Training for people with developmental disabilities, their families, professionals, and other stakeholders to enable people with developmental disabilities to have access to, or to provide community services, individualized supports and assistance Technical Assistance to public and private entities so that the purpose of the DD Act can be achieve Supporting and Educating Communities to help neighborhoods and communities to respond positively to people with developmental disabilities and to assist neighborhoods and communities in making their services and supports available to people with developmental disabilities Interagency Coordination and Collaboration - activities to promote interagency collaboration and coordination to better serve, support, assist, or advocate for individuals with developmental disabilities and their families. 17
Coordination with related Committees, Councils and Programs - to enhance coordination of services with other councils, entities, or committees, authorized by Federal or State law, concerning individuals with disabilities and other entities carrying out federally funded projects that assist parents of children with disabilities; and other groups interested in advocacy, capacity building and systemic change activities to benefit individuals with disabilities Barrier Elimination, Systems Design and Re-design activities to eliminate barriers to the access and use of community services by people with developmental disabilities; activities that improve systems design and redesign, and activities to increase citizen participation to address issues and concerns identified in the Council State plan. Coalition Development and Citizen Participation - activities to educate the public about the capabilities, preferences, and needs of people with developmental disabilities and their families; and to develop and support coalitions that support the policy agenda of the Council, including training in selfadvocacy, education of policymakers, and citizen leadership skills. Informing Policymakers - activities to provide information to policymakers; Councils can support and conduct studies and analyses, gather information, and develop and disseminate model policies and procedures, information, approaches, strategies, findings, conclusions, and recommendations. The Council may provide the information directly to Federal, State and local policymakers, including Congress, the Federal executive branch, Governors, State legislatures and State agencies, in order to increase the ability of policymakers to offer opportunities and to enhance or adapt generic services to meet the needs of, or provide specialized services to, individuals with developmental disabilities and their families. Demonstration of New Approaches to Services and Supports - The Council may support and conduct, on a time-limited basis, activities to demonstrate new approaches to serving individuals with developmental disabilities that are a part of an overall strategy for systemic change. The strategy may involve the education of policymakers and the public about how to deliver effectively, to individuals with developmental disabilities and their families, services, supports, and assistance. Other Activities - The Council may support and conduct other advocacy, capacity building, and systemic change activities to promote the development of a coordinated, consumer and familycentered, consumer and family- directed, comprehensive system of community services, individualized supports and other forms of assistance 18
Reports The DD Council staff members are responsible for compiling a number of reports for submission to the Administration on Intellectual and Developmental Disabilities and the Administration for Community Living. These reports assist the Administration in reporting to the Secretary and Congress on the outcomes DD Councils are achieving on behalf of individuals with developmental disabilities and their families and provide the needed documentation to demonstrate impact when preparing and requesting Congressional appropriations. Key Council reports are listed below: State Plan for 2017-2021 Due August 15, 2016 The State Plan is the big picture of how services and programs for individuals with developmental disabilities and their families should be five years from now within a particular State or Territory. The plan includes long term goals and provides guidance to the DD Council regarding how it spends its resources. State Plan amendments/updates Due January 1st of each year for non-substantive amendments; August 15 th of each year if substantive changes are made Each year, DD Councils are required to review and update or amend their plan if necessary. The DD Council Executive Director submits these updates to AIDD in the ACL Reporting system. Program Performance Reports Due January 1st of each year Annually, DD Councils are required to submit program performance reports to the Administration on Developmental Disabilities. The purpose of the report is to document DD Council activities that occurred during the previous fiscal year for government reporting purposes. Reporting on activity-specific outcomes is intended to capture, on an annual basis, the results of initiatives funded by AIDD and administered by DD Councils including those conducted by grantees, DD Council members and policy and program staff. 19
Budget What is a budget? A budget is a formalized statement of the goals of an organization stated in financial terms and is the plan of how a Council will fund their State Plan goals and objectives. The DD Act requires each Council to prepare, approve and implement a budget using the amounts paid to each State or Territory under the State DD Council Program. Council members should approve the annual budget and monitor the Councils financial status on a regular basis (ex. quarterly). The DD Act requires each Council to allocate not less than 70% of their funds for activities related to the Goals described in the State Plan. In addition not more than 30% of Council funds can be used for administrative purposes. The federal spending report is directly tied to Council administrative expenses and Council activities 70/30 percent allocation of funds. 20
Designated State Agency (DSA) Information A state or territory Council on Developmental Disabilities is required to have a designated State agency that will provide support to the DD Council on behalf of the State. The information below outlines the responsibilities of the DSA. Each State and Territory must be aware of the laws governing the State or Territory related to DSA and its responsibilities. 1) Each state that receives assistance under this subtitle shall on behalf of the State, provide support to the Council. 2) Designation a. Type of Agency b. Conditions for continuation of State service agency designation c. Review of designation d. Appeal of designation 3) Responsibilities a. SUPPORT SERVICES i. DSA shall provide required assurances and support services as requested by and negotiated with the Council b. FISCAL RESPONSIBILITIES i. DSA shall receive, account for, and disburse funds under this subtitle ii. DSA shall provide for such fiscal control and fund accounting procedures as may be necessary to assure the proper disbursement of, and accounting for, funds paid to the State under this subtitle. c. RECORDS, ACCESS, AND FINANCIAL REPORTS i. DSA shall keep and provide access to such records as the Secretary and the Council may determine necessary. ii. The DSA, if other than the Council, shall provide timely financial reports at the request of the Council regarding the status of expenditures, obligations, and liquidation by the agency or the Council, and the use of federal and non-federal shares by the Agency or the Council d. NON-FEDERAL SHARE i. The DSA, if other than the Council, shall provide the required non-federal share e. ASSURANCES i. The DSA shall assist the Council in obtaining the appropriate State Plan assurances and shall assist the Council in assuring that the plan is consistent with State law. f. MEMORANDUM OF UNDERSTANDING i. On the request of the Council the DSA shall enter into a memorandum of understanding with the Council delineating the roles and responsibilities of the designated State agency. 21
Information on the Designated State Agency can be found in Public Law 106-402, Section 125 (d)(1-4) Designated State Agency Roles and Responsibilities Subtitle B of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 states in section 125 (d) 22
Conflict of Interest What does the Act say? The Council s five year state plan shall provide an assurance that NO member of the Council will cast a vote on ANY matter that would provide direct financial benefit to the member or otherwise give the appearance of a conflict of interest. What does this mean? An assurance means a pledge, a guarantee; free from doubt The Council s 5 year State plan shall provide a pledge that says no member of the Council will give a vote on any matter that would provide direct financial advantage to the member OR otherwise give the look (or outward show) of a conflict of interest. Examples: A member who serves on a Council as well as on the Board of Directors or Advisory Committee of a disability organization that applies for a grant through the Council.even though the Council member may not receive direct financial benefit from the grant, there may be an appearance of a conflict of interest. A Council member that has a spouse, significant other, immediate family member (or other relationship outlined within State or Territory guidelines) receiving funds from a Council funded project would constitute a conflict of interest for the Council member. The ability of Councils to continue to carry out their missions depends on public trust and that is easily eroded. Members of governance must guard and defend that trust. It is a precious asset difficult to earn and impossible to replace. Being an effective member of governance is the first and critical step. 23
When a Council has a membership vacancy, it means someone s voice is missing. Membership Composition of a Council on Developmental Disability Section 125(b)(3) of Public Law 106-402 Not less than 60 percent of the membership of each Council shall consist of individuals who are 1) individuals with developmental disabilities 2) parents or guardians of children with developmental disabilities 3) immediate relatives or guardians of adults with mentally impairing developmental disabilities who cannot advocate for themselves and, 4) not employees of a State agency that receives funds under the DD Act or are managing employees of an agency that does receive funds or provides services under the DD Act. The remaining members of the Council shall include: Rehabilitation Act representative Individuals with Disabilities Education Act representative Older Americans Act Representative Social Security Act Title V representative Social Security Act Title XIX representative University Center(s) for Excellence in Developmental Disabilities Education and Research Protection and Advocacy System Representative Local and non-governmental agencies concerned with services for individuals with developmental disabilities. Nonprofit groups concerned with services for individuals with developmental disabilities COMPOSITION OF MEMBERSHIP WITH DEVELOPMENTAL DISABILITIES. Of the members of the Council described above 1 /3 shall be individuals with developmental disabilities described in paragraph 1 /3 shall be parents or guardians of children with developmental disabilities described in paragraph, or immediate relatives or guardians of adults with developmental disabilities described in paragraph; and 1 /3 shall be a combination of individuals described in paragraph (3)(A). Of the members of the Council described above, at least 1 shall be an immediate relative or guardian of an individual with a developmental disability who resides or previously resided in an institution or shall be an individual with a developmental disability who resides or previously resided in an institution. It is the responsibility of all Council members to assist the Council in filling membership vacancies. 24
Chairperson Resources DD Network Resources itacchelp.org for Council Members http://itacchelp.org/resources/council-members/ AUCD (Association of University Centers on Disabilities) www.aucd.org ACL/AIDD (Administration for Community Living/Administration on Intellectual and Developmental Disabilities) www.acl.gov/programs/aidd AIDD Memo on Lobbying http://itacchelp.org/wp-content/uploads/2014/10/add-lobbying-program-instructi on.pdf Tuesdays with Liz - Tuesdays with Liz' is a weekly video series highlighting current issues in disability policy. It is hosted by Liz Weintraub, a long-time disability advocate, and produced by AUCD. https://www.aucd.org/template/page.cfm?id=967 Leadership Resources Center for Creative Leadership http://www.ccl.org/leadership/index.aspx Board Source Leadership Publications https://www.boardsource.org/eweb/dynamicpage.aspx?site=bds2012&webkey =6d3c3e6f-9d8c-441b-946c-f5a41d1e4b86 Georgetown Institute for Transformational Leadership http://scs.georgetown.edu/departments/37/institute-for-transformational-leadershi p/about-the-institute 25
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