Section 13.33. Boards of visitors

(a)   Each   developmental  disabilities  services  office  under  the
  jurisdiction  of  the  commissioner  shall  have  a  board  of  visitors
  consisting  of  at  least  seven  but  not  more  than fourteen members;
  provided, however, that the Central New York developmental  disabilities
  services  office  shall  have a board of visitors consisting of at least
  ten, but not more than seventeen members;  and  that  the  Finger  Lakes
  developmental  disabilities  services  office  shall  have  a  board  of
  visitors consisting of at least fourteen, but not more  than  twenty-one
  members.  When  a  school  is  replaced  by a developmental disabilities
  services office, the members of that school's board  of  visitors  shall
  continue  to  serve  their  terms  as  the board of visitors for the new
  developmental  disabilities  services  office.  Members   appointed   or
  reappointed  after the effective date of this chapter shall be appointed
  by the governor, by and with the  advice  and  consent  of  the  senate.
  Members  shall  be  appointed  for  four  year  terms  to  expire on the
  thirty-first day of December of the fourth year of the  term  of  office
  provided  however,  when  more  than three terms expire in any one year,
  members may be appointed for terms of fewer years as designated  by  the
  governor  so  that  no  more than three members' terms expire in any one
  year. All terms of office  shall  expire  on  the  thirty-first  day  of
  December  of the designated year. A member whose term has expired shall,
  however, remain  in  office  until  such  member's  successor  has  been
  appointed and has taken office, or until such member shall have resigned
  or  have  been  removed  from office in the manner hereinafter provided.
  Should any member resign or be removed from office, the  governor  shall
  promptly  submit,  for senate consent, a successor candidate to fill the
  remaining term of the vacated office. A visitor may be  removed  by  the
  governor  for cause after notice and an opportunity for a hearing on the
  charges. In making appointments to  boards  of  visitors,  the  governor
  shall  endeavor  to  ensure that the membership of each such board shall
  adequately reflect the  composition  of  the  community  or  communities
  served  by the facility, that the membership of each such board includes
  at least three individuals who are parents or relatives of  patients  or
  of  former  patients and that the remainder includes only those persons,
  including former patients, who shall have expressed an  active  interest
  in,  or  shall  have  obtained professional knowledge in the care of the
  mentally retarded and developmentally disabled or in mental  retardation
  and developmental disability endeavors generally.
    (b) No elected state officer or member of the legislature may serve as
  a visitor.
    (c)  If the facility serves an area, as established by the regulations
  of  the  commissioner,  the  visitors  shall  reside  at  the  time   of
  appointment  or  reappointment  in  such  area.  If  no specific area is
  designated, the visitors shall reside at  the  time  of  appointment  or
  reappointment in the developmental disabilities area, established by the
  commissioner, in which the facility is located.
    (d) Each board shall, at the first meeting of each calendar year elect
  one member to serve as president of the board and one member to serve as
  secretary;  provided however, that no member may serve for more than two
  consecutive years as president.
    (e) Visitors shall not receive compensation but  shall  be  reimbursed
  for their actual expenses in connection with their service as visitors.
    (f)  (1)  Each  board  of  visitors  shall hold six bi-monthly regular
  meetings annually, but a greater  number  of  regular  meetings  may  be
  scheduled  by the board. Each board of visitors shall establish in their
  by-laws or otherwise, in writing, whether these six  meetings  shall  be
  held  during  months represented by odd numbers or months represented by

  even numbers. The president of the board shall notify  the  chairman  of
  the  commission  on  quality  of  care for the mentally disabled and the
  facility director of the determination made  concerning  the  designated
  months  for  the  six  bi-monthly regular meetings. The president of the
  board, the commissioner, the director, or the members as  determined  by
  the  rules of the board may call special meetings. The board may require
  the director to submit a report at each meeting. Each board shall keep a
  record of its proceedings  and  activities.  A  member  of  a  board  of
  visitors  who  has failed to attend three consecutive bi-monthly regular
  meetings shall be considered to have vacated his office unless otherwise
  ordered by the governor. The board shall cause  notice  of  any  of  its
  public  meetings  to be sent to the mental hygiene legal service located
  in the same judicial department as the school. The mental hygiene  legal
  service  may  send  a representative to any such public meeting, and may
  request the board to review patient complaints  or  investigate  alleged
  incidents   of  abuse  or  mistreatment.  The  board  shall  notify  the
  appropriate representative of the mental hygiene legal  service  of  the
  board's actions and findings in relation to any such request.
    (2)  The  president  of the board of visitors shall notify a member by
  certified or registered mail return receipt requested when  such  member
  of the board has failed to attend any two consecutive bi-monthly regular
  meetings. This notice shall be sent within ten days following the second
  meeting  and  shall  include  the  dates  of the two meetings which were
  missed, the date of the next bi-monthly regular meeting, and a statement
  concerning the consequences of failure to attend the next meeting.
    (3) Within three  days  after  the  third  consecutive  absence  at  a
  bi-monthly  regular  meeting  by a member, the president of the board of
  visitors shall notify, in writing, the governor, the  commissioner,  the
  chairman  of the commission on quality of care for the mentally disabled
  and the facility director of such absences. The president of  the  board
  of  visitors shall send a copy of this notice by registered or certified
  mail return receipt requested to the member to  whom  it  pertains.  The
  member may petition the governor to excuse his absences. If the governor
  does  not  excuse the absences within forty-five days of the date of the
  third consecutive meeting absence, the office of  the  member  shall  be
  deemed vacated.
    (g)  Upon the request of the commissioner or the director, or upon the
  board's initiative, the board shall consult, advise, and work  with  the
  director   with  respect  to  community  relations,  conditions  at  the
  facility,  preliminary  plans  for  construction  and  alterations,  and
  programs and activities of the facility.
    (h)  Each  board  or any member of the board may visit and inspect the
  facility at any time without prior notice and may report  on  conditions
  to  the  governor,  to the commissioner and to the chairman of the state
  commission on quality of care for the mentally  disabled.  In  addition,
  each  board  shall  ensure  that  a member or committee of members shall
  inspect the facility once every three months without prior  notice.    A
  report   on  conditions  may  be  submitted  to  the  governor,  to  the
  commissioner or to the chairman of the state commission  on  quality  of
  care  for  the  mentally  disabled.  Each  board  member shall visit and
  inspect the facility at least twice during each  calendar  year.  Within
  thirty days after the conclusion of each calendar year, the president of
  the  board  of visitors shall notify the governor, the commissioner, the
  chairman of the commission on quality of care for the mentally disabled,
  and the facility director, if any member of  the  board  has  failed  to
  visit  and  inspect  the  facility  at least twice during that year. The
  president of the board of visitors shall send a copy of this  notice  by
  certified  or  registered mail return receipt requested to the member to

  whom it pertains. A member of a board of  visitors  who  has  failed  to
  visit and inspect the facility at least twice a year shall be considered
  to  have  vacated  his  office  unless otherwise ordered by the governor
  within  forty-five  days  after  the end of the calendar year. The board
  shall have the power to investigate all charges against the director and
  all cases of alleged patient abuse  or  mistreatment  made  against  any
  employee and shall have the power to interview patients and employees of
  the  facility  in  pursuit of such investigations. In conducting such an
  investigation, the board shall have the power, in  accordance  with  the
  civil  practice  law  and  rules,  to  subpoena  witnesses, compel their
  testimony, administer oaths to witnesses, examine witnesses under  oath,
  and require the production of any books or papers deemed relevant to the
  investigation.  A  board  or  a  member  may  include  in  the report or
  separately at any time any  matter  pertaining  to  the  management  and
  affairs of the facility and may make recommendations to the governor, to
  the  commissioner and to the chairman of the state commission on quality
  of care for the mentally disabled. Each board member shall  enter  in  a
  book, kept at each facility for that purpose, the date of each visit.
    (i)  (1)  Any  member  or members of the board may visit and inspect a
  family care home, which is within the catchment area of  the  school  on
  the  board of which such member or members serve. Such member or members
  shall be granted access to such facility and to all books,  records  and
  data  pertaining  to such facility deemed necessary for carrying out the
  purposes of such visit. Information, books, records or  data  which  are
  confidential  as  provided  by  law  shall  be kept confidential and any
  limitations on the  release  thereof  imposed  by  law  upon  the  party
  furnishing  the  information, books, records or data shall apply to such
  member or members of the board. After any such visits or inspections,  a
  report  containing  findings and recommendations may be submitted to the
  governor, to the commissioner or to the state commission on  quality  of
  care for the mentally disabled.
    (2)  Any  member  or  members  of  the  board  may visit and inspect a
  community residence operated by the office  of  mental  retardation  and
  developmental  disabilities,  which  is within the catchment area of the
  school on the board of which such member or members serve.  Such  member
  or  members  shall  be granted access to such facility and to all books,
  records and data  pertaining  to  such  facility  deemed  necessary  for
  carrying  out  the  purposes  of such visit and inspection. Information,
  books, records or data which are confidential as provided by  law  shall
  be  kept confidential and any limitations on the release thereof imposed
  by law upon the party furnishing the information, books, records or data
  shall apply to such member or members of the  board.    After  any  such
  visits  or  inspection, a report containing findings and recommendations
  shall be submitted promptly to the commissioner and to the  chairman  of
  the state commission on quality of care for the mentally disabled.
    (j) Once each year, each board shall make an independent assessment of
  conditions  at  the facility and shall submit a report on the assessment
  and recommendations to the governor, to  the  commissioner  and  to  the
  chairman  of  the  state  commission on quality of care for the mentally
  disabled.
    (k) The commissioner shall notify the board of visitors  of  a  school
  under his jurisdiction of the proposed appointment of a director to such
  facility or the proposed transfer of a director from such facility, with
  a  request  that  the  board  report an expression of its opinion of the
  appointment or transfer and, if it objects thereto, the reasons for such
  objection.
    (l) The commissioner  shall  appoint  representatives  of  the  office
  department  to  serve  as  liaison  between the office and the boards of

  visitors. At least once each year the commissioner shall meet  with  the
  boards  collectively.  The  commissioner,  or  his  designee, shall meet
  quarterly with representatives of boards of visitors.
    (m)  Members of the boards of visitors shall be considered officers of
  the office of mental retardation and developmental disabilities for  the
  purposes  of sections seventy-three, to the extent provided therein, and
  seventy-four  of  the  public  officers  law  relating  to  business  or
  professional  activities by state officers and employees and the code of
  ethics.
    (n)  Each  member  shall  attend,  within  one  year  of  the  initial
  appointment  or  any  subsequent  reappointment, an orientation training
  program provided by the commission on quality of care for  the  mentally
  disabled  for  members  of  boards  of  visitors.  The  chairman  of the
  commission on quality of care for the mentally disabled shall notify the
  governor and the appointed member of any such member's failure to attend
  such a training program. A member  who  has  failed  to  attend  such  a
  training  program  scheduled for such member shall be considered to have
  vacated his office unless  otherwise  ordered  by  the  governor  within
  forty-five days after the notice.