N.Y. Comp. Codes R. & Regs. tit. 9 § 3.51

Current through Register Vol. 46, No. 17, April 24, 2024

Section 3.51 - Executive order no. 51: [establishing the office of advocate for the disabled, and revoking and superseding executive order no. 33 (section 3.33, supra)]

WHEREAS, public awareness of and community interest in the problems of disabled persons must be stimulated and heightened in order to enhance understanding of their problems; and

WHEREAS, there exists a need to assure that the special requirements of disabled persons are appropriately considered in State programs; and

WHEREAS, existing programs for disabled persons require coordination to eliminate fragmentation of responsibility; and

WHEREAS, there exists a critical need to provide persons seeking information or assistance regarding services and programs for the disabled with a simple means of obtaining appropriate information and referrals:

NOW, THEREFORE, I, Hugh L. Carey, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby establish the Office of Advocate for the Disabled in the Department of State. The Advocate shall be appointed by and shall serve at the pleasure of the Governor. He shall receive compensation and shall be reimbursed for his actual and necessary expenses within the amounts available therefor.

I. General Powers.

For the purposes of this Order, a disabled person is an individual who has, or is perceived to have, substantial developmental, sensory, physical, emotional or other impairments or disabilities which adversely affect his ability to function.

The Advocate shall have the following functions, powers and duties:

a. to advise and assist the Governor in developing policies designed to meet the needs of the disabled;

b. to coordinate State programs and activities relating to disabled persons;

c. to cooperate with State agencies to assure that the services which the Governor and the Legislature have provided for disabled persons are, in fact, provided;

d. to cooperate with and assist political subdivisions of the State in the development of local programs for the disabled. including, but not limited to, coordination and community planning, information services, counseling services, dissemination of information and volunteer activity;

e. to stimulate community interest in the problems of disabled persons and to promote public awareness of resources available for such persons;

f. to maintain a toll-free telephone and TTY line which will be available to every citizen seeking information or help for disabled persons;

g. to refer persons seeking advice, assistance and available services in connection with particular problems of disabled persons to the appropriate departments and agencies of the State and Federal governments or to agencies providing services by contract with such governmental entities;

h. to consult and cooperate with universities, colleges and educational institutions in the State for the development of courses of study for persons engaged in public and private programs for the disabled;

i. to make or cause to be made such studies of needs of disabled persons as may be appropriate;

j. to serve as a clearinghouse for information relating to the needs of the disabled;

k. to sponsor conferences relating to problems of and services for disabled persons; and l. with respect to the functions, powers and duties herein assigned to him, and with the approval of the Governor, to accept, agree to accept or contract for, as an agent of the State, any grant or gift for any of the purposes of this Order. Any monies so received may be expended to effectuate the purposes of this Order subject to the same limitations as to approval of expenditures and audit as are prescribed for State monies made available for the purposes of this Order.

II. State Advisory Council on the Disabled.

There shall be a State Advisory Council on the Disabled to enhance the efforts of the Office of Advocate for the Disabled and of all State and local government agencies in dealing with the problems of the handicapped. The cochairpersons of the Council shall be the Secretary of State and the Chairman of the Health Planning Commission. In addition, the Council shall consist of the Commissioners of the Departments of Education, Health, Mental Hygiene, Parks and Recreation and Social Services, the Directors of the Office for the Aging and the Division for Youth, and fifteen members to be appointed by the Governor. Of the fifteen members so appointed, ten shall be disabled persons or parents of such persons. The appointed members shall serve for a term of three years; provided, however, that of the members first appointed, five shall be appointed for terms of one year, five shall be appointed for terms of two years and five shall be appointed for terms of three years. Vacancies shall be filled for the balance of the unexpired term. The appointed members shall receive no salary but shall be reimbursed for their actual and necessary expenses. The Council shall:

a. report to the Governor on all policies and programs which affect disabled persons;

b. assist the State government in eliminating obstacles to dignity and achievement which the disabled may face as a result of a government and society unaware of or insensitive to their needs;

c. examine Federal, State and local programs for the disabled to determine where inadequacies exist, where modifications, expansion or terminations of State programs are appropriate, where new initiatives are necessary, and where greater coordination between Federal, State and local programs is needed;

d. analyze the impact on State and local agencies and their programs of the actions required by rules and regulations prohibiting discrimination against handicapped individuals issued pursuant to section 504 of the Rehabilitation Act of 1973 and to report on necessary steps to be taken to assure compliance with such rules and regulations.

e. review ongoing and newly created State programs for the disabled to examine their effectiveness and efficiency and to make programmatic and bugetary recommendations; and f. advise the Office of Advocate for the Disabled in fulfilling its responsibilities hereunder.

In performing its functions, powers and duties, the Council shall utilize the resources of the Office of Advocate for the Disabled and any State agency to provide such assistance as may be necessary.

The Council shall meet at regularly scheduled intervals and upon the call of the chairpersons.

III. Personnel.

The Advocate may employ such staff and assistants as he may deem necessary at a compensation to be fixed by the Advocate within the amounts available therefor and subject to the approval of the Division of the Budget.

IV. Revocation of Prior Executive Order.

Executive Order Number 33, dated March 24, 1976, is hereby revoked and superseded by this Executive Order.

Signed: Hugh L. CareyDated: June 3, 1977

WHEREAS, Executive Order Number 51, dated June 3, 1977, established the Office of the Advocate for the Disabled; and

WHEREAS, Article I of said Order sets forth the functions, powers and duties of the Advocate for the Disabled; and

WHEREAS, by Article II of said Order, a State Advisory Council on the Disabled was established; and

WHEREAS, by Article II of said Order, the Secretary of State was designated co-chairperson of the Council with the Chairman of the Health Planning Commissioner;

NOW, THEREFORE, I, HUGH L. CAREY, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and laws of the State of New York do hereby amend paragraph (h) of Article I of Executive Order Number 51 to read as follows: (h) to consult and cooperate with universities, colleges and educational institutions in the State to, or on his own initiative or in cooperation with other State agencies, develop courses of study or training programs for persons who do or may provide services to the disabled;

Executive Order Number 51 is further amended by terminating the designation of the Secretary of State as co-chairperson of the State Advisory Council on the Disabled in Article II of said Order and designating the Lieutenant Governor to be the co-chairperson of the State Advisory Council on the Disabled with the Chairman of the Health Planning Commission.

Signed: Hugh L. CareyDated: July 19, 1979

I, Hugh L. Carey, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby direct by Executive Order that Executive Order Number 51, promulgated on June 3, 1977, as amended by Executive Order Number 51.1, promulgated on July 19, 1979, which established the Office of Advocate for the Disabled, be amended as provided herein.

1. The fifth paragraph of such Order is hereby amended to read as follows:

NOW, THEREFORE, I, Hugh L. Carey, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby establish the Office of Advocate for the Disabled in the Executive Department. The Advocate shall be appointed by and shall serve at the pleasure of the Governor. The Advocate shall receive compensation and shall be reimbursed for actual and necessary expenses within the amounts available therefor.

2. Article two of such order is hereby revoked and a new article two is added to read as follows:

II. Advisory Council to the Advocate.

There is established within the Office of Advocate for the Disabled an Advisory Council to the Advocate consisting of 21 members to be appointed by the Governor. In making such appointments, the Governor shall give due consideration to representation for the major regions of the State. Ten members shall be appointed to the Council to represent providers of services to disabled persons, other than State agency providers, but no single provider of services shall be represented by more than one member of the Council. The remaining members shall be appointed to the Council to represent consumers of services to disabled persons, with such appointments to assure consumer representation of the broad spectrum across which services to disabled persons are or should be delivered. For purposes of this Order, any individual who is employed by a provider of services to disabled persons shall be deemed to represent providers of services to disabled persons. A majority of the appointed members of the Council shall be disabled persons or parents or guardians of disabled persons. In addition to the 21 appointed members, the Council shall include, as nonvoting members, the commissioners of the Departments of Education, Health and Social Services; the commissioners of the Offices of Mental Health, Mental Retardation and Developmental Disabilities, and Parks, Recreation and Historic Preservation; the directors of the Office for the Aging, the Division of Alcoholism and Alcohol Abuse, the Division of Substance Abuse Services and the Division for Youth; the chairman of the Commission on Quality of Care for the Mentally Disabled; and the executive directors of the Council on Children and Families and the Health Planning Commission. The Governor shall designate one of the appointed members of the Council to serve as chairperson, and one of the appointed members of the Council to serve as vice-chairperson, and each shall so serve at the pleasure of the Governor. The Council shall meet from time to time at the call of the chairperson or the Advocate.

All appointed members of the Council shall be appointed to serve for a term of three years; provided, however, that of the members first appointed, seven shall be appointed for one-year terms and seven shall be appointed for two-year terms. Any member appointed to fill a vacancy created otherwise than by expiration of term shall be appointed for the unexpired term of the member he is appointed to succeed.

The appointed members of the Council shall serve without salary, but each appointed member shall be entitled to reimbursement for his actual and necessary expenses incurred in the performance of his official duties.

The Council shall advise the Advocate with respect to the needs of disabled persons and shall, at the request of the Advocate, undertake particular studies relating to the needs of disabled persons.

To assist the Council in the performance of its duties, the advocate may request technical assistance from the commissioner, director or other such chief executive officer of any State agency, and the same are authorized to provide such technical assistance.

Signed: Hugh L. CareyDated: April 22, 1982

[FN*] Amended by Executive Order No. 51.01.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 3.51

Amended by Executive Order No. 51.01.