§ 5.143. Composition of Council.
(a) The Council shall be composed of the Secretary of Public Welfare, the Secretary of Education, the Secretary of Health, the Secretary of Aging and the Secretary of Labor and Industry, or their designees, and 15 other members to be appointed by the Governor, including representatives of institutions of higher education, university affiliated programs in this Common wealth, the State protection and advocacy system, local agencies, nongovernmental agencies and private nonprofit groups concerned with services for individuals with developmental disabilities in this Commonwealth in which these agencies and groups are located.
(b) The Governor will select members of the Council, at his discretion, after soliciting recommendations from organizations representing a broad range of individuals with developmental disabilities and individuals interested in individuals with developmental disabilities, including the non-State agency members of the Council. The Council shall coordinate Council and public input to the Governor regarding all recommendations. To the extent feasible, the membership of the Council shall be geographically representative of this Commonwealth and reflect the diversity of this Commonwealth with respect to race and ethnicity.
(c) Ex officio members shall continue to serve as long as they hold office. All other members shall serve terms as determined by the Governor at the time of appointment to rotate membership on the Council. Members shall continue to serve on the Council until the members’ successors are appointed. The Council shall notify the Governor regarding membership requirements when vacancies remain unfilled for a significant period of time.
(d) At least 50% of the membership of the 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.
(4) Not employes of a State agency that receives funds or provides services made available under Pub. L. No. 103-230, and who are not managing employes (as defined in section 1126(b) of The Social Security Act (42 U.S.C.A. § 1320a-5)) of any other entity that receives funds or provides services under Pub. L. No. 103-230.
(e) Of the members of the Council described in subsection (d):
(1) One-third shall be individuals with developmental disabilities as described in subsection (d)(1).
(2) One-third shall be parents of children with developmental disabilities as described in subsection (d)(2) and immediate relatives or guardians of adults with mentally impairing developmental disabilities as described in subsection (d)(3).
(3) One-third shall be a combination of individuals described in subsection (d).
(f) Of the members of the Council described in subsection (e), at least one shall be an immediate relative or guardian of an institutionalized or previously institutionalized individual with a developmental disability or an individual with a developmental disability who resides or previously resided in an institution.
(g) The Governor will appoint a Chairperson of the Council who shall serve for 2 years and may thereafter be reappointed. The Council may make recommendations to the Governor concerning the appointment or reappointment of a Chairperson.
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