Section 3.02 - Advisory Boards(1)Authority and General Requirements. (a)Authority. The Department is authorized by M.G.L. c. 19B to provide for boards of trustees at its facilities and for such citizen advisory boards for regions and area offices as the Commissioner deems appropriate.
(b)Affirmative Action. Appointments to the Department's advisory boards shall be made so as to provide for representation of minority groups consistent with all applicable affirmative action requirements.(c)Special State Employees. For purposes of tort claims and conflicts of interest, all appointed members of the Department's advisory boards shall be special state employees.(d)Waiver. With respect to any person nominated for appointment to an advisory board, the qualification standards set forth in 115 CMR 3.00 may be waived by the Commissioner for good cause except where such standards are otherwise required by law.(e)Application of Open Meeting Law. The meetings of any board established under M.G.L. c.19B or subject to 115 CMR 3.02 shall be subject to the provisions of M.G.L. c. 30A, § 11A1/2 (the open meeting law), concerning the meetings of governmental bodies.(2)Area Office Citizen Advisory Boards. The Commissioner shall appoint for such area offices as he or she deems appropriate a citizen advisory board. If the Commissioner has determined that a separate citizen advisory board for a particular area office is not necessary, the citizen advisory board for the region that the area office is in will also serve as the citizen advisory board for that area office. In accordance with M.G.L. c. 19B, § 12, as inserted by St. 1986, c. 599, the membership, powers and duties of each such area office citizen advisory board shall be as follows: (a)Membership Requirements. Each citizen advisory board shall consist of from 15 to 21 members appointed by the Commissioner, the total number of members to be in the discretion of the Commissioner, subject to the following requirements: 1. b of the members shall live within the area served by the area office and the remaining members shall either live or work within the area served by the area office;2. The Commissioner shall seek to provide representation in the membership of the area office board reflective of the geographical and demographic diversity of the area served by the area office;3. No more than five of the members may be employees of the Commonwealth;4. No member shall be an employee of the Department;5. No member shall be an employee, officer, or member of the board of directors, of a non-profit or other private service provider agency which contracts with the Department;6. At least 1/2 of the members shall be persons eligible for the Department's services, or family members or guardians of such persons;7. Two of the members shall be family members or guardians of such individuals who are under 22 years of age, or persons who work in some capacity with children with intellectual disability;8. Members shall serve without compensation, and shall be sworn to the faithful performance of their duties.(b)Terms of Office. The Commissioner shall appoint area office board members to terms of office as follows:1. All members shall be appointed for three year terms; except that upon formation of a new area office board, the Commissioner shall appoint the members for terms as follows: one third of the board shall be appointed for one year, a shall be appointed for two years, and a shall be appointed for three years.2. Upon the expiration of the term of any member of an area office board, the Commissioner shall appoint a successor for a term of three years;3. In the event of a vacancy in the membership of a area office board where the term of the former member's appointment has not yet expired, the Commissioner may appoint a member who shall serve for the remainder of the unexpired term;4. Each area office board shall suggest for consideration by the Commissioner one or more names for each expiring term or vacancy;5. No member of an area office board shall be appointed for more than two consecutive three-year terms.(c)Duties and Powers. Each area office board shall have the following duties and powers:1. To act as the representative of the citizens in the area served by the area office;2. To take cognizance of matters affecting individuals with intellectual disability and to work to effect positive change;3. To advise regarding local needs and resources in the development of services and supports;4. To advise in the recruitment and selection of the area office director to be appointed by the Regional Director; provided that the Regional Director may designate a person to act as area office director in any case in which such office is vacant;5. To advise through participation in quality enhancement and other Departmental monitoring functions regarding the quality of services and supports within the area office;6. To assist in the location of community services and supports and in community acceptance and education efforts within the area served by the area office;7. To consult with the Commissioner or the area office director in the establishment of priorities for the area office and in policies regarding relationships with other agencies and organizations.8. To consult with the statewide Advisory Council, established pursuant to St. 1998, c. 194, § 344, regarding any matters concerning the area;9. To suggest for consideration by the Commissioner one or more members for appointment to the citizen advisory board for the area office's region;10. To elect from its members annually a president and such other officers as it deems appropriate; provided that the area office board shall adopt rules or by-laws for its proper organization and for procedures at meetings; provided further that such rules or by-laws and any subsequent amendments thereto shall be submitted to the Commissioner for approval;11. To hold at least four regular meetings during each year and to convene special meetings on the call of the area office board's president, or ten members of the Board, or the area office director, or the Commissioner; provided that the area office director shall be notified of, and may participate in, all meetings, but shall not vote;12. To appoint such advisory committees from its members as the area office board may from time to time deem necessary, provided that the members of such committees shall serve for such terms as the area office board may determine, and provided that such advisory committees are constituted with the knowledge and approval of the area office director.(d)Removal. The Commissioner, after consultation with the other Committee members, may remove a person as a member. Grounds for removal shall include serious disregard or gross neglect of responsibilities or other actions which are in violation of law or of the regulations or policies of the Department or the procedures of the Committee.(3)Regional Citizen Advisory Board. The Commissioner shall appoint for each region a regional citizen advisory board. The membership, powers and duties of each such advisory board shall be as follows:(a)Membership Requirements. Each regional advisory board shall consist of from 15 to 21 members appointed by the Commissioner, the total number of members to be in the discretion of the Commissioner, subject to the following requirements:1. b of the members shall live within the region and the remaining members shall either live or work within the region;2. The Commissioner shall seek to provide representation in the membership of the regional advisory board reflective of the geographical and demographic diversity of the area served by the region.3. No more than five of the members may be employees of the Commonwealth;4. No member shall be an employee of the Department;5. No member shall be any employee, officer, or member of the board of directors, of a non-profit or other private service provider agency which contracts with the Department;6. At least 1/2 of the members shall be persons eligible for the Department's services or family members or guardians of such persons;7. Two of the members shall be family members or guardians of such persons who are under 22 years of age, or persons who work in some capacity with children with intellectual disability;8. One member shall be selected from each area office board within the region with the balance to be made up of at-large members.9. Members shall serve without compensation, and shall be sworn to the faithful performance of their duties.(b)Terms of Office. The Commissioner shall appoint regional citizen advisory board members to terms of office as follows: 1. All members shall be appointed for three year terms; except that upon formation of a new regional citizen advisory board, the Commissioner shall appoint the members for terms as follows: a of the board shall be appointed for one year, a shall be appointed for two years, and a shall be appointed for three years.2. Upon the expiration of the term of any member of a regional citizen advisory board, the commissioner shall a appoint a successor for a term of three years;3. In the event of a vacancy in the membership of a regional citizen advisory board where the term of the former member's appointment has not yet expired, the Commissioner may appoint a member who shall serve for the remainder of the unexpired term;4. Each regional citizen advisory board shall suggest for consideration by the Commissioner one or more names for each expiring term or vacancy;5. No member of a regional citizen advisory board shall be appointed for more than two consecutive three-year terms.(c)Duties and Powers. Each regional citizen advisory board shall have the following duties and powers:1. To advise the director of the region on the development of comprehensive services and supports and priorities of need in the region;2. To take cognizance of matters affecting individuals with intellectual disability and to work to effect positive change;3. To advise in the recruitment and selection of the director of the region to be appointed by the Commissioner; provided that the Commissioner may designate a person to act as director of the Region in any case in which such office shall be vacant;4. To review and make recommendations concerning the annual budget for services and supports in the region;5. To elect from its members annually a president and such other officers as it deems appropriate; provided that the regional citizen advisory board shall adopt rules or by-laws for its proper organization and for procedures at meetings; provided further that such rules or bylaws and any subsequent amendments thereto shall be submitted to the Commissioner for approval;6. To hold at least five regular meetings in each year and to convene special meetings on the call of the regional citizen advisory board president, or ten members of the board, or the director of the region, or the Commissioner; provided that the director of the region shall be notified of, and may participate in, all meetings, but shall not vote. One of the five regular meetings shall be a joint meeting with the boards of trustees or advisory boards of the facilities, if any, located in the region;7. To serve as the citizen advisory board for a particular area office within the region, where the Commissioner has determined that a separate citizen advisory board for such area office is not necessary.(d)Removal. The Commissioner, after consultation with the other Committee members, may remove a person as a member. Grounds for removal shall include serious disregard or gross neglect of responsibilities or other actions which are in violation of law or of the regulations or policies of the Department or the procedures of the Committee.(4)Boards of Trustees for Facilities. The Commissioner may appoint for each Facility a board of trustees. The membership, powers and duties of each such board of trustees shall be as follows:(a)Membership Requirements. Each board of trustees shall consist of nine trustees appointed by the Commissioner subject to the following requirements:1. Five of the trustees shall be persons with intellectual disability who are or have been recipients of the Department's services or their guardians or family members;2. The trustees shall serve without compensation and shall be sworn to the faithful performance of their duties.(b)Terms of Office. Trustees shall be appointed by the Commissioner to terms of office as follows:1. All trustees shall be appointed for three year terms; except upon formation of a new board of trustees, the Commissioner shall appoint the members for terms as follows: a of the board shall be appointed for one year, a shall be appointed for two years, and a shall be appointed for three years.2. Upon expiration of the term of any member of a board of trustees, the Commissioner shall appoint a successor for a term of three years;3. In the event of a vacancy in the membership of a board of trustees for a facility where the term of a former trustee's term has not yet expired, the Commissioner may appoint a trustee who shall serve for the remainder of the unexpired term;4. No member of a board of trustees shall be appointed to serve more than two consecutive three year terms.(c)Duties and Powers. Each board of trustees shall have the following duties and powers:1. To visit and become familiar with the facility;2. To advise in the recruitment and selection of the facility director to be appointed by the Commissioner, provided that the Commissioner may designate a person to act as facility director in any case in which such office shall be vacant;3. To review and make recommendations concerning the annual budget for the facility;4. To review such services and supports provided by or at the facility;5. To make suggestions to the Department for improvements in the facility, especially those that will make the administration thereof more effective, economical and respectful of human rights and dignity;6. To elect from its members annually a chairperson and such other officers as it deems appropriate, provided that the board shall adopt rules or by-laws for its proper organization and for procedures at meetings and provided further that such rules or by-laws and amendments thereto shall be submitted to the Commissioner for approval;7. To hold at least five regular meetings per year and convene special meetings at the call of the chairperson of the board, a majority of the board, or the facility director. One of the regular meetings shall be a joint meeting with the regional citizen advisory board for the region in which the facility is located.(5)Advisory Council. The membership and responsibilities of the Statewide Advisory Council created by St. 1998, c. 194, § 344, shall be as follows:(a)Membership Requirements. The Advisory Council shall consist of 15 members appointed by the Secretary of Health and Human Services and approved by the Governor subject to the following requirements: 1. Five of the members shall be citizens who are members of the Department's citizen advisory boards across the state;2. At least five of the remaining ten members shall be appointed to represent one of the following professions and groups: state level medical, psychological, nursing, educational, social work, occupational therapy, or bar associations; state level associations for intellectual disability; industrial and labor groups; and the clergy;3. At least one member shall be a person eligible for the Department's services;4. No member shall be an employee of the Department;5. The Secretary shall seek to provide representation in the membership of the Advisory Council reflective of the geographical and demographic diversity of the state;6. The Advisory Council shall serve without compensation, but each member shall be reimbursed by the Commonwealth for all expenses incurred in the performance of his or her official duties.(b)Terms of Office. Advisory Council members shall be appointed by the Secretary of Health and Human Services with the approval of the Governor to terms of office as follows:1. All members shall be appointed for three year terms;2. Upon the expiration of the term of any member of the Advisory Council, the Secretary of Health and Human Services with the approval of the Governor shall appoint a successor for a term of three years;3. In the event of a vacancy in the membership of the Advisory Council where the term of the former member's appointment has not yet expired, the Secretary of Health and Human Services with the approval of the Governor may appoint a member who shall serve for the remainder of the unexpired term;4. No member of the Advisory Council shall be appointed to serve more than two consecutive three-year terms.(c)Duties and Powers. The Advisory Council shall have the following duties and powers:1. To advise the Commissioner on policy, program development, and priorities of need in the Commonwealth for services and supports;2. To participate with the Department in holding a regular series of public hearings throughout the Commonwealth to obtain the views of the area office and regional citizen advisory boards and other citizens concerning the services of the Department and the need for such services;3. To review the annual plans and the proposed annual budget of the Department, and make recommendations to the Commissioner in regard thereto;4. To elect a chairperson annually;5. To hold at least four regular meetings per year and convene special meetings at the call of the chairperson of the Council, a majority of the Council, or the Commissioner.(6)Human Rights Advisory Committee. The Commissioner shall appoint a statewide Human Rights Advisory Committee. The membership, powers and duties of the Human Rights Advisory Committee shall be as follows:(a)Membership Requirements. The Committee shall consist of 15 or more members appointed by the Commissioner, subject to the following requirements:1. The Commissioner shall seek to provide representation in the membership of the Committee reflective of the geographical and demographic diversity of the state;2. No more than three of the members may be employees of the Commonwealth;3. A majority of the membership of the Committee shall be comprised of one or more representatives of each of the following: persons with intellectual disability; family members or guardians of persons with intellectual disability; representatives of advocacy organizations; psychologists; psychiatrists; attorneys; service providers;4. Members shall serve without compensation, and shall be sworn to the faithful performance of their duties.(b)Terms of Office. The Commissioner shall appoint Committee members to terms of office as follows: 1. All members shall be appointed for three year terms;2. Upon the expiration of the term of any member of the Committee, the Commissioner shall appoint a successor for a term of three years;3. In the event of a vacancy in the membership of the Committee where the term of the former member's appointment has not yet expired, the Commissioner may appoint a member who shall serve for the remainder of the unexpired term;4. The Committee shall suggest for consideration by the Commissioner one or more names for each expiring term or vacancy;5. No member of the Committee shall be appointed for more than two consecutive three-year terms.(c)Duties and Powers. The Committee shall have the following duties and powers:1. To advise the Commissioner or designee on the affirmation, promotion, protection, and monitoring of the human and civil rights of individuals served by the Department;2. To assist the Commissioner or designee in identifying the human and civil rights implications of existing and proposed Department policies and procedures, and to review existing Department policies every two years;3. To assist the Commissioner or designee in the design and implementation of training programs for human rights committees and Department and provider staff regarding human and civil rights issues ;4. To advise the office for human rights regarding its role and function within the Department;5. To advise the Commissioner on the appointment of the director of the office for human rights;6. To elect from its members annually a chairperson and such other officers as it deems appropriate; provided that the Committee shall adopt rules or by-laws for its proper organization and for procedures at meetings; provided further that such rules or by-laws and any subsequent amendments thereto shall be submitted to the Commissioner for approval.7. To hold at least four regular meetings in each year and to convene special meetings on the call of the Committee's chairperson, or ten members of the Committee, or the director of the office for human rights, or the Commissioner, or the Assistant Commissioner of Quality Enhancement; provided that the director of the office for human rights shall be notified of, and may participate in, all meetings, but shall not vote;8. To present to the Commissioner an annual report on the performance of the Department in the area of human and civil rights which shall also contain any recommendations to improve such performance.(d)Removal. The Commissioner, after consultation with the other Committee members, may remove a person as a member. Grounds for removal shall include serious disregard or gross neglect of responsibilities or other actions which are in violation of law or of the regulations or policies of the Department or the procedures of the Committee.