Section 239-AA. Creation of councils on the disabled


Latest version.
  • 1.  The  local
      legislative body of any county or  city  with  a  population  of  ninety
      thousand  or more, may by resolution, create one or more councils on the
      disabled.  Such  council  shall   develop   a   program   of   community
      participation  regarding  the  needs and problems of disabled persons in
      the community and  may  direct  its  efforts  toward  accomplishing  the
      following:
        a. Develop and implement community programs for the disabled.
        b. Conduct researches into the accessibility to the disabled of public
      places in the community.
        c. Advise and assist the local legislative body and local governmental
      boards  and  agencies,  including agencies dealing with planning, zoning
      and the planning of public buildings.
        d. Recruit, train and use  volunteers  from  the  community  to  serve
      without charge in its programs.
        e.  Create  a climate in which disabled persons seeking assistance can
      meet with responsible individuals or agencies in a  position  to  render
      assistance.
        f. Cooperate with other councils on the disabled, and with appropriate
      state  and  federal agencies in planning and implementing local programs
      for the benefit of the disabled.
        g. Carry out any other duties consistent with the objectives  of  this
      article,  assigned  to  it  by  resolution of the local legislative body
      creating the said council.
        2. When authorized by resolution of  the  local  legislative  body,  a
      council  may  accept  by  gift,  grant,  bequest, or otherwise, money or
      personal property in the name  of  the  municipality,  for  use  in  the
      furtherance  of the provisions of this act. A local legislative body may
      accept by gift, conditional or unconditional grant, devise or  otherwise
      real  property  in fee or any lesser interest, including conveyance with
      limitations or reversions, for the purposes of this act.
        In addition, upon the written recommendation of the council, the local
      legislative body may acquire by purchase in fee or any lesser  interest,
      through  negotiation or by eminent domain such real or personal property
      as may be needed to fulfill the purpose of this act.
        3. Such council shall consist of not less than  three  nor  more  than
      nine  members,  of  whom  at  least  one-third  of  the members shall be
      comprised of disabled individuals and, or the parent  or  parents  of  a
      disabled child or disabled children, who shall be appointed by the local
      legislative  body  and serve at the pleasure of such body for a term not
      exceeding two years.  Such local legislative body  may,  notwithstanding
      any  inconsistent  provision  of  law,  appoint up to two members to the
      council who are between the ages of sixteen and twenty-one.
        4.  The  presiding  officer  or  chairman  of  the  council  shall  be
      designated  by  the  local  legislative  body  from among the members so
      appointed  to  the  council.  The  local  legislative  body  shall  have
      authority  to  remove any member of said council so appointed for cause,
      after a public hearing, if requested. A vacancy shall be filled for  the
      unexpired term in the same manner as an original appointment.
        The  local legislative body may provide for compensation to be paid to
      the members of the council and  may  provide  for  the  payment  of  the
      expenses of the members of the council actually and necessarily incurred
      in  the  performance  of  their  duties.  Such  council may appoint such
      employees as it may from time to time see fit, all within  appropriation
      made therefor.
        5.  Within  thirty  days  following  the  establishment  of a council,
      written notification thereof shall be sent by the local legislative body
      to the state advocate for the disabled.