Public Information – The New Jersey Council on Developmental Disabilities https://njcdd.org The NJCDD addresses these needs through systems change and capacity-building efforts that promote self-determination, integration and inclusion for people with developmental disabilities Wed, 14 Jan 2026 16:57:14 +0000 en hourly 1 https://wordpress.org/?v=7.0 https://njcdd.org/wp-content/uploads/2022/10/NJCDD-Logo.BottomBar-56.png Public Information – The New Jersey Council on Developmental Disabilities https://njcdd.org 32 32 NJ Charity Racing Days For People with Developmental Disabilities https://njcdd.org/racing-days/ Mon, 23 May 2016 15:44:26 +0000 http://test.njcdd.org/?page_id=58

rityRacingDaysforPeoplewithDevelopmentalDisabilities

The New Jersey Charity Racing Days Program were established by law in 1977, as one of the first sources of funds for agencies serving people with developmental disabilities in the community.

5:5-44.2. Charity racing days for the developmentally disabled
Each holder of a permit to hold or conduct horse race meetings shall, with the approval of the New Jersey Racing Commission, be allotted 3 racing days in addition to the days authorized by the New Jersey Racing Commission pursuant to P.L.1940, c. 17 (C. 5:5-22 et seq.); provided, however, that should any permit holder reject the additional days, the commission may allot them among the remaining permit holders, and provided further that the provisions of this section shall not apply where to do so would require the breach of an agreement entered into by the commission. Said additional days shall be known as “Charity Racing Days for the Developmentally Disabled.”

L.1977, c. 200, s. 1, eff. Jan. 1, 1977. Amended by L.1983, c. 20, s. 1, eff. Jan. 21, 1983.

Each year, the state Racing Commission designates three days on which all proceeds from state horse racing establishments (not off-track) are dedicated to a fund for people with developmental disabilities.

The law that governs this program designates the NJ Council on Developmental Disabilities as the administrator of the fund. However, the monies in the fund are held by the Racing Commission and distributed each year according to a set allocation formula that takes into account the number of people served by the eligible organizations.

The law establishes which organizations are eligible to receive a share of the funds collected on Charity Racing Days. An eligible organization must be a nonprofit, must have a national affiliate, and must provide services to individuals with developmental disabilities in accordance with the statute.

Each spring, the Council is notified by the Racing Commission of the number of funds that were collected on the three designated Charity Racing Days in the preceding calendar year. The Council receives statistics from eligible organizations, applies the state’s allocation formula, and forwards the results of the calculations to the Racing Commission. The Racing Commission then distributes the funds to the eligible organizations.

If you would like information about this program, please contact the Council at 609-984-5444.

]]> NJ State Statute https://njcdd.org/statute/ Mon, 23 May 2016 15:40:37 +0000 http://test.njcdd.org/?page_id=54

Fifty-Six State Councils on Developmental Disabilities in the United States are federally funded, self-governing organizations working to address identified needs of people with developmental disabilities in their state or territory.

By conducting advocacy, systems change, and capacity-building efforts that promote self-determination, integration, and inclusion councils are committed to advancing public policy and systems change that help these individuals gain more control over their lives.

Activities include conducting outreach, providing training and technical assistance, removing barriers, developing coalitions, encouraging citizen participation, and keeping policymakers informed about disability issues.

2024 New Jersey Revised Statutes

2024 New Jersey Revised Statutes
Title 30 – Institutions and Agencies
Section 30:1AA-1 – State Council on Developmental Disabilities, additional powers, duties.

Universal Citation: NJ Rev Stat § 30:1AA-1 (2024)
30:1AA-1 State Council on Developmental Disabilities, additional powers, duties.

1. a. The State Council on Developmental Disabilities, established pursuant to Executive Order Number 20 of 1971, as amended by Executive Order Number 49 of 1973 and Executive Order Number 42 of 1976, is hereby established and continued in the Executive Branch of State Government.

b. For the purpose of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the State Council on Developmental Disabilities is hereby allocated within the Department of Human Services, but, notwithstanding said allocation, the council shall be independent of any supervision or control by the department or any board or officer thereof, or any other cabinet-level department, board or officer thereof. The council shall operate in a manner that shall assure compliance with State and federal administrative, fiscal, legislative, procedural and personnel requirements.

c. In addition to the powers and duties herein provided, the State Council on Developmental Disabilities shall constitute the planning entity authorized in the “Developmental Disabilities Assistance and Bill of Rights Act of 2000,” Pub.L.106-402, 42 U.S.C. s.15001 et seq., and shall exercise all the powers and duties as may be necessary to effectuate the purposes and provisions thereof.

L.1979,c.105,s.1; amended 2003, c.54, s.3.

Findings, declarations relative to individuals with developmental disabilities

Section: 30:1AA-1.1: Findings, declarations relative to individuals with developmental disabilities.

1. The Legislature finds and declares that:

a. Disability is a natural part of the human experience that does not diminish the right of individuals with developmental disabilities to live independently, exert control and choice over their own lives, and fully participate in and contribute to their communities through full integration and inclusion in the economic, political, social, cultural and educational mainstream of United States society;

b. Recent studies indicate that individuals with developmental disabilities comprise between 1.2 and 1.65% of the United States population, and individuals whose disabilities occur during their developmental period frequently have severe disabilities that are likely to continue indefinitely;

c. Individuals with developmental disabilities often encounter discrimination in the provision of critical services and are at greater risk than the general population of abuse, neglect, financial and sexual exploitation, and the violation of their legal and human rights;

d. A substantial portion of individuals with developmental disabilities and their families do not have access to appropriate support and services, including access to assistive technology, from generic and specialized service systems, and remain unserved or underserved;

e. Individuals with developmental disabilities often require lifelong community services, individualized supports and other forms of assistance that are most effective when provided in a coordinated manner;

f. There is a need to ensure that services, supports and other assistance are provided in a culturally competent manner, which ensures that individuals from racial and ethnic minority backgrounds are fully included in all activities provided under P.L.2003, c.54 (C.30:1AA-1.1 et al.);

g. Family members, friends and members of the community can play an important role in enhancing the lives of individuals with developmental disabilities, especially when the family members, friends and community members are provided with the necessary community services, individualized supports and other forms of assistance;

h. Current research indicates that 88% of individuals with developmental disabilities live with their families or in their own households, and many service delivery systems and communities are not prepared to meet the impending needs of the adults with developmental disabilities who are living at home with parents who are 60 years of age or older and serve as the primary caregivers of these adults;

i. Individuals with developmental disabilities are waiting for appropriate services in their communities, and the public needs increased awareness of the capabilities and competencies of individuals with developmental disabilities, particularly in cases in which the individuals are provided with necessary services, supports and other assistance;

j. As increasing numbers of individuals with developmental disabilities are living, learning, working and participating in all aspects of community life, there is an increasing need for a well trained workforce that is able to provide the services, supports and other forms of direct assistance that are required to enable the individuals to carry out those activities;

k. There needs to be greater effort to recruit individuals from minority backgrounds into professions serving individuals with developmental disabilities and their families;

l. The goals of the State properly include providing individuals with developmental disabilities with the information, skills, opportunities and support to: make informed choices and decisions about their lives; live in homes and communities in which these individuals can exercise their full rights and responsibilities as citizens; pursue meaningful and productive lives; contribute to their families, communities, the State and the nation; have interdependent friendships and relationships with other persons; live free of abuse, neglect, financial and sexual exploitation, and violations of their legal and human rights; and achieve full integration and inclusion in society, in an individualized manner, consistent with the unique strengths, resources, priorities, concerns, abilities and capabilities of each individual;

m. As the nation, states and communities maintain and expand community living options for individuals with developmental disabilities, there is a need to evaluate the access to those options by individuals with developmental disabilities and the effects of those options on those individuals; and

n. Therefore, the purpose of this act is to assure that individuals with developmental disabilities and their families participate in the design of, and have access to, needed community services, individualized supports and other forms of assistance which promote self-determination, independence, productivity, and integration and inclusion in all facets of community life, through culturally competent advocacy, capacity-building and systemic-change activities conducted by the State Council on Developmental Disabilities, as required by the “Developmental Disabilities Assistance and Bill of Rights Act of 2000,” Pub.L.106-402, 42 U.S.C. s.15001 et seq. These activities shall:

(1) be consistent with the purpose described in this subsection and the public policy described in section 2 of P.L.2003, c.54 (C.30:1AA-1.2); and

(2) contribute to a coordinated, consumer- and family-centered and consumer- and family-directed comprehensive system which includes needed community services, individualized supports and other forms of assistance that promote self-determination for individuals with developmental disabilities and their families.

L.2003,c.54,s.1.

Provisions relative to programs, projects, activities declared as public policy

Section 30:1AA-1.2 – Provisions relative to programs, projects, activities declared as public policy.

2. It is the public policy of the State that all programs, projects and activities conducted by the State Council on Developmental Disabilities shall be carried out in a manner consistent with the following provisions:

a. Individuals with developmental disabilities, including those with the most severe developmental disabilities, are capable of self-determination, independence, productivity, and integration and inclusion in all facets of community life, but often require the provision of community services, individualized supports and other forms of assistance;

b. Individuals with developmental disabilities and their families have competencies, capabilities and personal goals that should be recognized, supported and encouraged, and any assistance to these individuals should be provided in an individualized manner, consistent with the unique strengths, resources, priorities, concerns, abilities and capabilities of these individuals;

c. Individuals with developmental disabilities and their families are the primary decision-makers regarding the services and supports they receive, including services and supports for choosing, from available options, where the individuals live, and they should play decision-making roles in policies and programs that affect their lives;

d. Services, supports and other assistance should be provided in a manner that demonstrates respect for individual dignity, personal preferences and cultural differences;

e. Individuals with developmental disabilities from racial and ethnic minority backgrounds and their families need specific efforts to ensure that they can enjoy increased and meaningful opportunities to access and use community services, individualized supports and other forms of assistance available to other individuals with developmental disabilities and their families;

f. Recruitment efforts relating to pre-service training, community training, practice, administration and policymaking must focus on bringing larger numbers of racial and ethnic minorities into these disciplines in order to provide appropriate skills, knowledge, role models and sufficient personnel to address the growing needs of an increasingly diverse population with developmental disabilities;

g. With education and support, communities can be accessible and responsive to the needs of individuals with developmental disabilities and their families, and they are enriched by the contributions and full and active participation in community activities by individuals with developmental disabilities and their amities;

h. Individuals with developmental disabilities should have access to opportunities and the necessary support to be included in community life, have interdependent relationships, live in homes and communities and make contributions to their families, communities, the State and the nation;

i. Efforts undertaken to maintain or expand community-based living options for individuals with disabilities must be monitored in order to determine and report to appropriate individuals and entities the extent of access by individuals with developmental disabilities to those options, and the extent of compliance with quality assurance standards by entities providing the options;

j. Families of children with developmental disabilities need to have access to, and use of, safe and appropriate child care and before- and after-school programs in the most integrated settings in order to enrich the participation of the children in community life;

k. Individuals with developmental disabilities need to have access to, and use of, public transportation in order to be independent and directly contribute to, and participate in, all facets of community life; and

l. Individuals with developmental disabilities need to have access to, and use of, recreational, leisure and social opportunities in the most integrated settings in order to enrich their participation in community life.

L.2003,c.54,s.2.

Definition of developmental disability

Section 30:1AA-2 – Definition of developmental disability.

2. For the purposes of this act, a “developmental disability” means:

a. A severe, chronic disability of a person which

(1) Is attributable to a mental or physical impairment or combination of mental or physical impairments;

(2) Is manifest before age 22;

(3) Is likely to continue indefinitely;

(4) Results in substantial functional limitations in three or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, or economic self-sufficiency; and

(5) Reflects the need for a combination and sequence of special, interdisciplinary, or generic care, or other services which are of lifelong or extended duration and are individually planned and coordinated.

b. Other disabilities requiring services and treatment similar to that required by those who meet the criteria defined above.

L.1979,c.105,s.2; amended 2003, c.54, s.4.

Membership of council; vacancies; compensation; terms

Section 30:1AA-3 – Membership of council; vacancies; compensation; terms.

3. The council shall consist of a minimum of 25 members, but shall not exceed 30 members, of whom:

a. seven shall be representatives of State agencies who shall serve ex officio at the pleasure of the Governor in accordance with the qualifications established in section 4 of P.L.1979, c.105 (C.30:1AA-4);

b. a minimum of 15 shall be public members appointed by the Governor with the advice and consent of the Senate;

c. one each shall represent a University Center for Excellence in Developmental Disabilities Education, Research, and Service in the State and the State’s designated protection and advocacy system; and

d. one shall be a representative of local and non-governmental agencies or private nonprofit groups concerned with services for individuals with developmental disabilities, appointed by the Governor with the advice and consent of the Senate.

The appointed members shall serve for a term of three years and until their respective successors have been appointed and have qualified.

Vacancies shall be filled in the same manner as the original appointment. Public members shall receive no compensation, but shall be entitled to reimbursement for necessary expenses incurred in the performance of their duties. Members serving on the council at the time of enactment of P.L.2003, c.54 (C.30:1AA-1.1 et al.) shall continue to serve until the expiration of their current terms, and until their respective successors are appointed and have qualified.

L.1979,c.105,s.3; amended 2003, c.54, s.5.

Qualifications of members

Section 30:1AA-4 – Qualifications of members.

4. The public members shall be representative of the diverse social, economic and geographical interests in the State, and shall include at least 15 persons who are consumers or immediate family members of consumers of services for persons with developmental disabilities. The seven State members shall be official representatives of State agencies, as follows: five representatives, each of whom shall administer funds provided under at least one of the following federal laws related to individuals with disabilities: the “Rehabilitation Act of 1973” (29 U.S.C. s.701 et seq.), the “Individuals With Disabilities Education Act” (20 U.S.C. s.1400 et seq.), the “Older Americans Act of 1965” (42 U.S.C. s.3001 et seq.) and Titles V and XIX of the Social Security Act (42 U.S.C. s.701 et seq. and 42 U.S.C. s.1396 et seq.); one representative from the Division of Developmental Disabilities in the Department of Human Services; and one representative from the Division of Disability Services in the Department of Human Services.

L.1979,c.105,s.4; amended 1994, c.58, s.48; 2003, c.54, s.6.

Chairperson, vice-chairperson, secretary and other officers

Section 30:1AA-5 – Chairperson, vice-chairperson, secretary and other officers

The Governor shall appoint a chairperson from among the public members to serve in such capacity at the pleasure of the Governor. The members shall elect annually from among themselves a vice-chairperson and other such officers as may be necessary, and may appoint a secretary who need not be a member of the council.

L.1979, c. 105, s. 5, eff. May 31, 1979. Amended by L.1981, c. 115, s. 15, eff. Jan. 12, 1982.

Executive director; appointment, duties

Section 30:1AA-6 – Executive director; appointment, duties.

Universal Citation: NJ Rev Stat § 30:1AA-6 (2018)

Section: 30:1AA-6: Executive director; appointment, duties.

6. The council shall employ, subject to the provisions of Title 11A, Civil Service, of the New Jersey Statutes and other applicable statutes, an executive director. The executive director shall:

a. Articulate and implement policies established by the State Council on Developmental Disabilities.

b. Appoint and remove, subject to the provisions of Title 11A, Civil Service, of the New Jersey Statutes and other applicable statutes, such other employees as may be necessary to perform the duties and responsibilities of the council and shall promulgate fees and compensation within the limits of available appropriations and as shall be provided by law. The State shall not apply hiring freezes, reductions in force, prohibitions on travel or other policies to the staff of the council, to the extent that these policies would adversely impact the staff or functions funded with federal funds or would prevent the council from carrying out its functions.

c. Select and retain the services of consultants whose advice is considered necessary to assist the council in obtaining information or developing plans or programs required for the performance of the duties and responsibilities of the council.

L.1979,c.105,s.6; amended 2003, c.54, s.7.

Rules

Section 30:1AA-7 – Rules.

7. The council shall promulgate, in accordance with the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), such rules as it deems necessary for the proper conduct of its work.

L.1979,c.105,s.7; amended 2003, c.54, s.8.

Duties of the council staff

Section 30:1AA-8 – Duties of the council, staff.

8. It shall be the duty of the council and its staff to:

a. (Deleted by amendment, P.L.2003, c.54).

b. (Deleted by amendment, P.L.2003, c.54).

c. (Deleted by amendment, P.L.2003, c.54).

d. (Deleted by amendment, P.L.2003, c.54).

e. (Deleted by amendment, P.L.2003, c.54).

f. (Deleted by amendment, P.L.2003, c.54).

g. (Deleted by amendment, P.L.2003, c.54).

h. (Deleted by amendment, P.L.2003, c.54).

i. (Deleted by amendment, P.L.2003, c.54).

j. (Deleted by amendment, P.L.2003, c.54).

k. (Deleted by amendment, P.L.2003, c.54).

l. (Deleted by amendment, P.L.2003, c.54).

m. Serve as an advocate for individuals with developmental disabilities and conduct or support programs, projects and activities which carry out the mandate of advocacy, capacity-building and systemic change, pursuant to the “Developmental Disabilities Assistance and Bill of Rights Act of 2000,” Pub.L.106-402, 42 U.S.C. s.15001 et seq.;

n. At the end of each year, examine goals to determine the extent to which each goal was achieved, the needs that would require amendment of the five-year strategic State plan and customer satisfaction with council-supported or council-conducted activities;

o. Develop and implement a State plan by conducting and supporting advocacy, capacity-building and systemic-change activities, which shall contribute to the purpose set forth in section 1 of P.L.2003, c.54 (C.30:1AA-1.1) and may include:

(1) outreach activities to identify individuals with developmental disabilities and their families who otherwise might not come to the attention of the council, and to assist and enable the individuals and families to obtain services, individualized supports and other forms of assistance, including access to special adaptation of generic community services or specialized services;

(2) training for persons who are professionals, paraprofessionals, students, volunteers and other community members to enable these persons to obtain access to or to provide community services, individualized supports and other forms of assistance, including special adaptation of generic community services or specialized services for individuals with developmental disabilities and their families;

(3) technical assistance activities to public and private entities;

(4) assistance to, or support of, activities to assist neighborhoods and communities to respond positively to individuals with developmental disabilities and their families through education, by encouraging local networks to provide informal and formal supports and by enabling neighborhoods and communities to offer the individuals and their families access to, and use of, services, resources and opportunities;

(5) activities to promote interagency collaboration, coordination and planning in order to better serve, support, assist or advocate for individuals with developmental disabilities and their families;

(6) activities to enhance coordination of services with:

(i) other councils, entities or committees authorized by federal or State law concerning individuals with disabilities, such as the State interagency coordinating council established under part C of the “Individuals with Disabilities Education Act” (20 U.S.C. s.1431 et seq.), the State Rehabilitation Council and the Statewide Independent Living Council established under the “Rehabilitation Act of 1973” (29 U.S.C. s.701 et seq.), the State mental health planning council established under part B of Title XIX of the Public Health Service Act (42 U.S.C. s.300x-1 et seq.), councils, entities or committees concerning activities authorized under section 101 or 102 of the “Assistive Technology Act of 1998” (29 U.S.C. s.3011 or 29 U.S.C. s.3012), and any councils, entities or committees carrying out similar functions;

(ii) parent training and information centers under part D of the “Individuals with Disabilities Education Act” (20 U.S.C. s.1451 et seq.) and other entities carrying out federally funded projects that assist parents of children with disabilities; and

(iii) other groups interested in advocacy, capacity-building and systemic-change activities to benefit individuals with disabilities;

(7) activities to eliminate barriers to access and use of community services by individuals with developmental disabilities, and to enhance systems design and redesign as well as citizen participation to address issues identified in the State plan;

(8) activities to educate the public about the capabilities, preferences and needs of individuals with developmental disabilities and their families, and activities to develop and support coalitions that support the policy agenda of the council, including training in self-advocacy, education of policymakers and training in citizen leadership skills;

(9) activities to provide information to policymakers by supporting and conducting studies and analyses, gathering information, and developing and disseminating model policies and procedures, information, approaches, strategies, findings, conclusions and recommendations. The council may provide the information directly to federal, State and local policymakers, including the United States Congress, the federal executive branch of government, the Governor and the Legislature, the governors and legislatures of other states, and State agencies, in order to increase the ability of these policymakers to offer opportunities and to enhance or adapt generic services to meet the needs of, or provide specialized services to, individuals with developmental disabilities and their families;

(10) on a time-limited basis, activities to demonstrate new approaches to serving individuals with developmental disabilities, which are a part of an overall strategy for systemic change. The strategy may involve the education of policymakers and the public about how to effectively deliver services, supports and assistance to individuals with developmental disabilities and their families; and

(11) other advocacy, capacity-building and systemic-change activities to promote the development of a coordinated, consumer- and family-centered and consumer- and family-directed comprehensive system of community services, individualized supports and other forms of assistance;

p. Supervise and annually evaluate the executive director of the council;

q. Prepare and transmit an annual report to the Department of Health and Human Services, which shall contain information about the progress made by the council in achieving the purpose set forth in section 1 of P.L.2003, c.54 (C.30:1AA-1.1). The report shall be available in accessible formats and the council shall provide a description of the method by which it shall widely disseminate the report to affected constituencies and the general public; and

r. Prepare, approve and implement a budget using amounts paid to the State to fund and implement all programs, projects and activities carried out pursuant to P.L.2003, c.54 (C.30:1AA-1.1 et al.).

L.1979,c.105,s.8; amended 2003, c.54, s.9.

Annual Report

Section 30:1AA-9 – Annual report

Universal Citation: NJ Rev Stat § 30:1AA-9 (2018)

Section: 30:1AA-9: Annual report

The council shall report annually, not later than July 1, to the Governor and the Legislature as to its activities and including any recommendations for administrative and legislative action it deems appropriate.

L.1979, c. 105, s. 9, eff. May 31, 1979.

9.

Office of the Ombudsman

Section 30:1AA-9.1 – Office of the Ombudsman for Individuals with Intellectual or Developmental Disabilities and their Families.

1. a. There is established in but not of the Department of the Treasury the Office of the Ombudsman for Individuals with Intellectual or Developmental Disabilities and their Families. For the purpose of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the Office of the Ombudsman for Individuals with Intellectual or Developmental Disabilities and their Families is hereby allocated within the Department of the Treasury, but notwithstanding this allocation, the office shall be independent of any supervision or control by the department or any board or officer thereof, or any other cabinet-level department, board, or officer thereof. The purpose of the ombudsman is to serve as a resource to provide information and support to individuals with intellectual or developmental disabilities and their families.

b. The Governor shall appoint an Ombudsman for Individuals with Intellectual or Developmental Disabilities and their Families, who shall be qualified by training and experience to perform the duties of the office. The ombudsman shall be a person of recognized judgment, integrity, and objectivity, and shall be skilled in communication, conflict resolution, and professionalism.

c. The ombudsman shall organize and direct the work of the office, including the work of such professional and clerical staff as may be necessary to carry out the ombudsman’s duties.

L.2017, c.269, s.1.

Duties of the Ombudsman

Section 30:1AA-9.2 – Duties of Ombudsman.

2. a. The duties of the Ombudsman for Individuals with Intellectual or Developmental Disabilities and their Families shall include, but not be limited to, the following:

(1) to serve as a source of information for individuals with intellectual or developmental disabilities and their families and interested members of the public, to help them better understand State and federal laws and regulations governing individuals with intellectual or developmental disabilities;

(2) to provide, in coordination with the State Council on Developmental Disabilities:

(a) information and support to individuals with intellectual or developmental disabilities and their families in navigating and understanding the process for obtaining services and supports from the Division of Developmental Disabilities in the Department of Human Services and the Division of Children’s System of Care in the Department of Children and Families, including information and support regarding individuals who transition from receiving services and supports from the Division of Children’s System of Care to receiving services and supports from the Division of Developmental Disabilities; and

(b) assistance to individuals with intellectual or developmental disabilities in obtaining from the Division of Children’s System of Care or the Division of Developmental Disabilities, as appropriate, services, supports, and opportunities that focus on personal goals and help those goals become a reality;

(3) to provide information and communication strategies to individuals with intellectual or developmental disabilities and their families for resolving a disagreement with the Division of Children’s System of Care, the Division of Developmental Disabilities, the Department of Children and Families, or the Department of Human Services regarding the evaluation, placement, or provision of services and supports to an individual with an intellectual or developmental disability; and to educate individuals with intellectual or developmental disabilities and their families on the available options for resolving such disputes;

(4) to work neutrally and objectively with all parties to help ensure that a fair process is followed in the resolution of disputes concerning the provision of services and supports to individuals with intellectual or developmental disabilities receiving services from the Division of Children’s System of Care or the Division of Developmental Disabilities, as appropriate;

(5) to identify any patterns of complaints that emerge regarding rights and services of individuals with intellectual or developmental disabilities, and to recommend strategies for improvement to the Division of Children’s System of Care and the Division of Developmental Disabilities or the Department of Children and Families and the Department of Human Services; and

(6) to assist the Division of Children’s System of Care and the Division of Developmental Disabilities in creating public information programs designed to acquaint and educate individuals with intellectual or developmental disabilities, their families, and the public about the duties of the ombudsman.

b. The ombudsman shall treat communications received in the course of the ombudsman’s duties, including personally identifiable information regarding individuals with intellectual or developmental disabilities and their families, and others from whom information is acquired, as confidential, except when disclosure is necessary to enable the ombudsman to perform the duties of the office and consent for disclosure is obtained. Upon receipt of information that by law is confidential or privileged, the ombudsman shall maintain the confidentiality of the information and shall not disclose or disseminate the information except as provided by applicable State or federal law.

L.2017, c.269, s.2.

Annual Reports

Section 30:1AA-9.3 – Annual reports.

3. a. The Ombudsman for Individuals with Intellectual or Developmental Disabilities and their Families shall issue a written report annually to the Commissioner of Human Services and the Commissioner of Children and Families. The report shall include a summary of the services the ombudsman provided during the year, and any specific recommendations the ombudsman deems appropriate and necessary concerning the State’s implementation of procedures with respect to providing individuals with intellectual or developmental disabilities with services and supports.

b. The ombudsman also shall issue the report prepared pursuant to subsection a. of this section to the Governor, and pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1) to the Legislature.

L.2017, c.269, s.3.

]]> New Jersey State Council on Developmental Disabilities Bylaws https://njcdd.org/bylaws/ Mon, 23 May 2016 15:37:04 +0000 http://test.njcdd.org/?page_id=48

njcdd-ByLaw-icon

The purpose of the New Jersey Council on Developmental Disabilities bylaws is to guide the Council in serving as an advocate for individuals with developmental disabilities and conducting or supporting programs, projects, and activities that carry out the purpose of the DD Rights Act.

Committee structure is assigned by the Executive Committee to work on special issues facing the Council. Standing committees and sub-committees are outlined in the bylaws.

Download the Bylaws Here

Adopted Bylaws August 12, 2021 and Amended August 7, 2025

ARTICLE I. NAME

A. The name of this body shall be the New Jersey State Council on Developmental Disabilities.

ARTICLE II. AUTHORIZATION

A.The Council is authorized under the Developmental Disabilities Assistance and Bill of Rights Act (DD Rights Act), P.L. 106-402, as subsequently amended and numbered.

B. State authorization of the Council is under P.L. 1979, chapter 105, as amended.

C. For the purpose of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the State Council on Developmental Disabilities is allocated within the Department of Human Services, but, notwithstanding said allocation, the Council shall be independent of any supervision or control by the department or any board or officer thereof, or any other cabinet level department, board or officer thereof.

ARTICLE III. PURPOSE, MISSION AND VISION

A. In accordance with the DD Rights Act, the purpose of the Council on Developmental Disabilities is to assure that individuals with developmental disabilities and their families participate in the design of and have access to needed community services, individualized supports, and other forms of assistance that promote self-determination, independence, productivity, integration and inclusion in all facets of life through culturally competent programs.

B. Consistent with its purpose, the mission of the Developmental Disabilities Councils, according to federal law, is to engage in advocacy, capacity building and systemic change activities that contribute to a coordinated, consumer- and family-centered, consumer-and family-directed comprehensive system that includes needed community services, individualized supports, and other forms of assistance that promote self-determination for individuals with developmental disabilities and their families.

C. The Vision of the NJ Council on Developmental Disabilities is that all individuals with developmental disabilities are participating, equally-included members of their neighborhoods and communities; make real choices and have control over their own lives; have the freedom to strive, excel, and make mistakes; are in a position to achieve personal goals, are in a position to affect policy and process decisions that affect their lives; and have the same rights, privileges, responsibilities, and opportunities of citizenship as does any other New Jersey resident.

ARTICLE IV. DUTIES

A. The DD Rights Act delineates the following responsibilities for Councils on Developmental Disabilities:

1. The Council shall serve as an advocate for individuals with developmental disabilities and conduct or support programs, projects, and activities that carry out the purpose of the DD Rights Act.

2. The Council shall determine annually the extent to which each goal of the Council was achieved, barriers that impeded achievement of the goal, amendments to the goals, and customer satisfaction with Council supported or conducted activities.

3. The Council shall develop a 5-Year State Plan (State Plan) and submit the State Plan to the Secretary of the U.S. Department of Health and Human Services after obtaining assurances from the N.J. Department of Human Services that the State Plan is consistent with state law.

4. The Council shall implement the State Plan by conducting and supporting advocacy, capacity building, and systemic change activities.

5. The Council shall periodically review the New Jersey Division of Developmental Disabilities and activities sponsored by the Council carried out by the Division and make any recommendations for change to the Governor.

6. The Council shall annually prepare and transmit to the Secretary a report containing information about the progress by the Council in achieving the goals of the Council.

7. The Council shall prepare, approve, and implement a budget.

8. The Council shall, consistent with state law, recruit, and hire an Executive Director of the Council, should the position of Executive Director become vacant, and annually evaluate the Executive Director.

B. The DD Rights Act states additional permissive activities of the Council.

1. The Council may support and conduct activities to assist neighborhoods and communities to respond positively to individuals with developmental disabilities and their families.

3. The Council may support and conduct activities to promote interagency collaboration and coordination to better serve, support, assist, or advocate for individuals with developmental disabilities and their families.

4. The Council may support and conduct activities to eliminate barriers to access and use of community services by individuals with developmental disabilities, enhance systems design and redesign, and enhance citizen participation.

5. The Council may support and conduct activities to provide information to policymakers by supporting and conducting studies and analyses, gathering information, and developing and disseminating model policies and procedures, information, approaches, strategies, findings, conclusions, and recommendations.

6. The Council may support and conduct, on a limited time basis, activities to demonstrate new approaches to serving individuals with developmental disabilities that are part of an overall strategy for systems change.

7. The Council may support and conduct other advocacy, capacity building, and systemic change activities to promote the development of a coordinated, consumer- and family-centered, consumer- and family-directed, comprehensive system of community services, individualized supports, and other forms of assistance that contribute to the achievement of the purpose of the DD Rights Act.

ARTICLE V. MEMBERSHIP

A. The Council shall consist of a minimum of 25, but no more than 30, voting members.
B. Membership on the Council shall be divided into three classifications:

1. Public Members
2. Representatives of state agencies
3. Federally mandated members

C. Public Members

1. No less than 60% of the members of the Council shall be public members who are residents of New Jersey and appointed by the Governor and confirmed by the State Senate.
2. Terms of Office

a. Public members serve at the pleasure and discretion of the Governor, who can appoint and remove any member at any time.
b. A standard term for public members is three years with the possibility of reappointment for two additional three year terms.
c. Regardless of any stated term, public members continue to retain full voting membership until their resignation, removal, or until the Governor appoints a successor and the successor is qualified.
d. Public members of the Council who wish to resign during a current term shall notify in writing the Council Chair and the Council Executive Director, who will forward the resignation to the Governor’s office.

3. Qualifications for Public Members

a. One third of the Public Members shall be individuals with developmental disabilities; and
b. One third of the Public Members shall be parents or guardians of children with developmental disabilities or immediate relatives or guardians of adults with developmental disabilities; and
c. One third of the Public Members shall be a combination of individuals with developmental disabilities, parents, or guardians of children with developmental disabilities and immediate relatives or guardians of adults with developmental disabilities.
d. At least one public member shall be an immediate relative or guardian of an individual with a developmental disability who resides or previously resided in an institution or shall be an individual with a developmental disability who resides or previously resided in an institution.
e. An individual who is an employee of a State agency that receives funds or provides services under Title 1, Subtitle B, of the DD Rights Act, or who is a managing employee (as defined in section 1126(b) of the Social Security Act (42 U.S.C. 1320a–5(b)) of any other entity that receives funds or provides services under Part B of the DD Rights Act may not be a public member.

4. One additional public member shall be a representative of local and nongovernmental agencies, or private nonprofit groups concerned with services for individuals with developmental disabilities.
5. At the beginning of each State fiscal year, the Council shall forward to the Governor a list of all public members, their category of membership, date of first appointment to the Council, date(s) of any subsequent reappointment(s), as well as the number of vacant positions.
6. Self-advocates and family members who are members of the Council may forward recommendations for new public members of the Council to the Governor for the Governor’s consideration.

D. Representatives of State Agencies

1. Seven members of the Council shall be representatives of State agencies who shall serve ex officio at the pleasure of the Governor.
2. Five representatives shall be from designated entities that administer funds provided under federal laws related to individuals with developmental disabilities, including:

a. The Rehabilitation Act of 1973, currently the Division of Vocational Rehabilitation Services.
b. The Individuals with Disabilities Education Act, currently the Department of Education.
c. Title V of the Social Security Act (Material and Child Health Services Block Grant), currently the Department of Health and Senior Services.
d. The Older Americans Act of 1965, currently the Department of Human Services.
e. Title XIX of the Social Security Act (Medicaid), currently the Division of Medical Assistance & Health Services.

E. Federally Mandated Members

1. Council membership shall include federally mandated representatives selected by the head of the respective agencies as follows:

a. Disabilities Education, Research, and Service, and
One representative from the University Center for Excellence in Developmental
b. One representative from the State protection and advocacy system.

F. Federally mandated members and State entities may appoint in writing, a designee who has immediate access to the appointed member and has sufficient authority to engage in policy planning and implementation on behalf of the department, agency, or program. Official designees of federally mandated members of agencies and organizations have the same right to participation and voting as the member they represent.
G. Council members shall serve without compensation but shall be reimbursed for reasonable and necessary expenses (including expenses for remote access to meetings, travel, child care and personal assistance) for attending Council meetings, other approved meetings and trainings, and performing Council duties.

ARTICLE VI. OFFICERS

A. Council Chairperson

1. The Chairperson of the Council shall be appointed by the Governor.

a. The Governor-appointed Chairperson must be a person with a developmental disability or a family member or guardian of a person with a developmental disability.

2. The duties of the Chairperson shall be to:

a. Preside at all meetings of the Council
b. Supervise the Executive Director, and with input from the Executive Committee, conduct an annual performance evaluation of the Executive Director
c. Represent and be a spokesperson for the Council at various national, state and local functions
d. Appoint the chairs of all standing committees, subcommittees and ad hoc committees of the Council
e. Chair the Executive Committee
f. In the case of excessive absences of federally mandated agency and organization members, contact the appropriate individual to assure representation of their department or agency.
g. On behalf of the Council, sign assurances for the State Plan.

B. Council Vice-Chairperson

1. The Vice-Chairperson shall be a member of the Council who is person with a developmental disability or the family member or guardian of a person with a developmental disability.
2. The Vice-Chairperson shall be elected annually by a simple plurality of the Council members.
3. The duties of the Vice-Chairperson shall be to:

a. Preside in the absence of the Chairperson at all meetings of the Council
b. Serve on the Executive Committee of the Council
c. Chair one committee or sub-committee
d. Carry out the other duties of the Chairperson should the Chairperson be unavailable or unable to carry out such duties.
e. The Vice Chair shall be a self-advocate if the Chair is a family advocate.

ARTICLE VII. COMMITTEES, SUBCOMMITTEES and AD-HOC COMMITTEES

Standing Committees and Subcommittees:

1. Executive Committee

a. Self-Advocates Advisory Subcommittee

2. Legislative and Policy Committee

a. Children and Youth Subcommittee
b. Health and Wellness Subcommittee

3. State Plan Committee

a. Diversity, Equity and Inclusion Subcommittee

4. Grants Committee

General Rules for Committees, Subcommittees, and Ad Hoc Committees

a. Committees exist with the consent of Council, and their work is subject to approval of the full Council except as otherwise specified in these bylaws.
b. Subject to the provision of these bylaws, all committees, with the exception of the Executive Committee, shall be advisory and shall not have the power to bind the Council except when specifically authorized by the Council to do so. Recommendations made by Standing Committees shall be presented to the Council for adoption in the form of a motion.
c. Committees shall meet at a date, time, and location determined by the Chair of the Committee.
d. Unless otherwise specified in these bylaws, the Chair and Executive Director of the Council, or their designee shall serve on all committees.
e. Council Committee Chairs may recommend membership of the Committee to the Chair for appointment by the Chair.
f. Council Committee Chairs are responsible to provide a current list of Committee members, including contact phone numbers and email addresses at least annually and whenever a change takes place to the Council’s Secretary.
g. Council Committee Chairs are responsible to work with the Council Committee staff liaison to set up meetings and distribute meeting notices, meeting agendas, meeting materials, and meeting notes.
h. An annual schedule of Committee meetings shall be established by December 1st for the following year.
i. Only Council coordinated venues and meeting platforms can be used when conducting Committee meetings.
j. Only the appointed Committee Chair or an alternate appointed Council member can preside over Committee meetings.
k. Council Committees shall monitor and respond to emerging issues and trends affecting individuals with I/DD and their families.
l. Standing Committees shall monitor and approve activities of any Subcommittees and Ad Hoc Committees assigned to them.
m. Chairs of Committees shall submit written reports to the Council two weeks prior to any scheduled public meeting of the Council.
n. Council Committees may not exceed a total of ten (10) appointed Council members, not including the Chair or the Chair’s designee.
o. If the number of Council members of any Committee is equal to or larger than the number of Council members required for a quorum of the full Council, the meetings of the Committee may be subject to the Open Public Meetings Act.
p. Comply with state and federal rules regarding allowable state agency and Council activities.

2. Membership of Committees

a. The Chairperson of the Council shall appoint the Chairs of the standing Committees at the annual meeting or whenever there is a vacancy.

(1) Only members of the Council who are persons with a developmental disability or the family member or guardian of a person with a developmental disability may Chair a Committee.
(2) Only Council members or the designees of state agency representatives or federally mandated members may serve as members on Standing Committees.

b. No Council Member shall serve as Chair for more than one Standing Committee or Subcommittee, [and this includes the Council Chairperson, who is Chairperson of the Executive Committee.]
c. When the Vice Chairperson is also the Chair of one of the Council’s Committees, the Council may select an additional Council member to serve on the Executive Committee.

Standing Committees

 A. Executive Committee (not to exceed eight (8) members)

1. Membership

a. Chairperson of the Council
b. Vice Chairperson of the Council
c. Chair of the State Plan Committee
d. Chair of the Public Policy Committee
e. Chair of the Grants Committee
f. Up to two Council members elected at large by a simple plurality of the Council members (at least one Council member elected must be a self-advocate)
g. One additional member may be selected by Chair of Council from any category of membership

2. Duties and responsibilities

a. Act on behalf of the full Council in all matters concerning the Council when it is not possible for the full Council to meet in accordance with the governing documents and the State Plan implementation.
b. Assure ongoing policies and procedures are in place and implemented consistently within Council bylaws and State and Federal mandates.
c. Oversee the Council’s administrative and programmatic budgets.
d. Monitor the Memorandum of Understanding between the Council and the Department of Human Services.
e. Report to the Council on the above activities.
f. Monitor, approve activities and supervise the Council’s Standing Committees, Subcommittees and Ad Hoc Committees.
g. Provide input to the Council Chair on the annual performance evaluation of the Executive Director.
h. Review Community Innovation Projects (CIPs) and make recommendations for approval to the Council.

(1) CIP awards shall not exceed $10,000 and applicants are limited to one award during the Council’s fiscal year.
(2) CIP approvals are to be reviewed and acted upon on a rolling timeline and acted upon as soon as practical.

i. Executive Committee members shall maintain confidentiality in all aspects of its role and responsibilities pertaining to personnel and contract matters.
j. See General Rules above

B. Public Policy Committee

(1) The members shall be responsible for reviewing legislative and public policy materials supplied by Council members, staff, and other sources.
(2) The members shall discuss and recommend positions the Council may take on issues that affect people with developmental disabilities and their families.
(3) Provide testimony and recommendations to the Legislature with regard to matters pertaining to people with I/DD and their families on positions taken by the Council.
(4) When necessary, take swift action on legislation and policy decisions that align with the Council’s policy positions, the State Plan and/or the DD Act as emerging issues arise.
(5) Utilizing the Council’s State Plan, conduct activities that align and fulfill the goals and objectives of the State Plan with the consent of the Executive Committee.
(6) Respond to other responsibilities as requested by the Council or in conjunction with other Committees.
(7) See General Rules above

C. State Plan Committee

(1) The members will gather data and information for the State Plan. The planning for the new State Plan will at least begin two years before it is due.
(2) The members will periodically review the progress towards completion of the current State Plan.
(3) Advise the Council on the collection and reporting of needs, including unmet needs, priorities and emerging issues.
(4) Make recommendations to the Council regarding policy priorities, goals and objectives for the State Plan,
(5) Make recommendations to the Grants Committee regarding suggested priorities and criteria for proposals.
(6) Respond to other responsibilities as requested by the Council or in conjunction with other Committees.
(7) See General Rules above

D. Grants Committee

(1) The members of the Grants Committee shall have no conflict of interest or perceived conflict of interest with any of the potential grantees in the current grants cycle.
(2) Utilizing the Council’s State Plan, conduct activities that align and fulfill the goals and objectives of the State Plan with the consent of the Executive Committee.
(3) The members will oversee the development of the Letters of Interest (LOI) and the Request for Proposals (RFP).
(4) The members shall read, evaluate, and meet with other committee members to discuss the LOI’s and RFP’s and to make recommendations to the full Council or Executive Committee for funding.
(5) The members will receive regular updates on current grantees and make recommendations to the full Council regarding continued funding.
(6) Respond to other responsibilities as requested by the Council or in conjunction with other Committees.
(7) See General Rules above

SUBCOMMITTEES

a. Membership

(1) Membership of Subcommittees of the Council may include Council members, Council staff, and any member of the public who has an interest in the issues being addressed by the Subcommittee on behalf of people with developmental disabilities and their families.
(2) The Chair of a Subcommittee shall be a member of the DD Council appointed by the Chair of the Council.

b. Duties and responsibilities

(1) Subcommittees shall be assigned to and shall report to a Council Standing Committee.
(2) Subcommittees shall have no financial authority or responsibility.
(3) See General Rules above.

Self-Advocates Advisory Subcommittee

(1) Advise the Council as a voice for New Jerseyans with I/DD by promoting self-advocacy participation and peer advocacy that advances independence and inclusion.
(2) Be composed of self-advocates members of the Council and other self-advocates who are all encouraged to participate in the Subcommittee.
(3) Advise the Council regarding self-advocate needs related to serving the Council including matters in which to ensure participation and inclusion in all meetings.
(4) Advise the Council regarding policies, programs and any other areas affecting self-advocates in New Jersey and engage in other activities approved by the Council.
(5) Utilizing the Council’s State Plan, conduct activities that align and fulfill the goals and objectives of the State Plan with consent of the Executive Committee.
(6) Review materials and other Council produced information to evaluate and make recommendations regarding plain language approaches.
(7) Respond to other responsibilities as requested by the Council or in conjunction with other Committees.
(8) See General Rules above.

Children and Youth Subcommittee

(1) Advise the Council as a voice for New Jersey children and youth with I/DD by determining issues impacting children, youth and their families in access to related services.
(2) Be composed of youth and family advocates as well as state partners representative of the diversity in our state.
(3) Advise the Council on legislation and policies impacting children and youth with I/DD.
(4) Utilizing the Council’s State Plan, conduct activities that align and fulfill the goals and objectives of the State Plan with consent of the Public Policy Committee.
(5) Author letters of support and testify in children and youth with I/DD related matters.
(6) Respond to other responsibilities as requested by the Council or in conjunction with other Committees.
(7) See General Rules above.

Health and Wellness Subcommittee

(1) Advise the Council on health and wellness matters that impact individuals with I/DD and their families.
(2) Be composed of self-advocates and family advocates as well as state partners.
(3) Advise the Council on health and wellness related legislation and policies impacting individuals with I/DD.
(4) Utilizing the Council’s State Plan, conduct activities that align and fulfill the goals and objectives of the State Plan with consent of the Public Policy Committee.
(5) Respond to other responsibilities as requested by the Council or in conjunction with other Committees.
(6) See General Rules above.

Access for All Subcommittee

(1) Advise the Council on matters involving individuals with IDD and their families in Council activities.
(2) Be composed of members of the Council and other advocates focused on how all individuals with I/DD and their families access services in New Jersey.
(3) Advise the Council regarding internal and external policies, activities and any other areas affecting individuals with I/DD and their families as it relates to accessing services and supports.
(4) Utilizing the Council’s State Plan, conduct activities that align and fulfill the goals and objectives of the State Plan.
(5) Review materials and other Council produced information to evaluate and make recommendations regarding how information meets the needs all individuals with IDD and their families.
(6) Respond to other responsibilities as requested by the Council or in conjunction with other Committees.
(7) See General Rules above.

AD HOC COMMITTEES

a. Membership

(1) The Chair of an Ad Hoc Committee shall be a member of the Council and appointed by the Council Chairperson.
(2) Membership of a Council Ad Hoc Committee may include Council members, Council staff, and members of the public who have expertise in the issue being addressed.

b. Duties and responsibilities

(1) An Ad Hoc Committee may be established for a particular purpose by the Council Chairperson.
(2) The minutes of the Council meeting where the Ad Hoc Committee is formed shall include the name of the Ad Hoc Committee, a statement of the purpose of the Ad Hoc

Committee and the date when the Ad Hoc Committee shall be disbanded.

(3) An Ad Hoc Committee shall report to and be under the guidance of one of the Council’s Standing Committee.
(4) An Ad Hoc Committee shall have no financial authority or responsibility.
(5) See General Rules above.

ARTICLE VIII. COUNCIL MEETINGS

A. Annual Meeting

1. The first Council meeting held on or after July 1 of each year shall be the Council’s annual meeting.

2. The elections for Council Vice-Chairperson and At-Large Member of the Executive Committee shall take place at the annual meeting.

a. If a vacancy occurs for either Council Vice-Chairperson or At-Large Members of the Executive Committee a special election shall be held at the next regularly scheduled Council meeting. The individual elected in the special election shall serve until the next annual meeting.

b. Nominations for Council Vice-Chairperson and At-Large Members of the Executive Committee shall be opened at the regular meeting of the Council before the annual meeting.

c. Individuals nominated shall, before the election, confirm to the Council Chairperson or the Executive Director their willingness to serve if elected.

d. Individuals nominated may submit a statement up to 50 words to be included on the written ballot.

C. The Council shall meet a minimum of four times a year.

D. Except as may otherwise be provided in these bylaws, the business of the Council shall conform to Roberts Rules of Order.

E. Council Meetings shall comply with the requirements of the Open Public Meetings Act.

G. An opportunity will be allocated at each public Council meeting to permit individuals who are not Council members to address the Council.

H. Special meetings may be called by the Council Chairperson, or by Executive Committee if the position of Council Chairperson is vacant.

I. The Council will provide necessary support and accommodations to Council members to ensure meaningful participation in all Council meetings and activities

J. Members will receive agenda, minutes of previous meeting, and any other relevant materials at least 10 days before scheduled meetings and at least 24 hours prior to a special meeting.

ARTICLE IX. QUORUM AND VOTING

A. One-half of all current members, excluding vacant positions and previous members who have resigned, plus one shall constitute a quorum.

B. Each Council Member shall have one vote.

C. Council members who are unable to attend a Council meeting may participate and vote using available technology, including teleconferencing or video conferencing, upon notification to the secretary within three days of a scheduled Council meeting. If less than three days’ notice is given of the member’s inability to attend the meeting in person, the ability of the Council member to participate and vote by teleconferencing cannot be guaranteed.

D. The Council may authorize by majority vote of the members present, a vote by mail or other electronic means.

E. Mail in and/or electronic votes on urgent matters may be authorized by the Executive Committee.

ARTICLE X. ATTENDANCE

A. Council members are expected to attend all Council meetings.

B. A Council member who is unable to attend a regular or special meeting of the Council must notify the Chair of the Council or Council staff, by telephone or email prior to the meeting. A committee member who is unable to attend a committee meeting must notify the Chair or Council staff of the committee by telephone or by email prior to the meeting.

C. The Council shall maintain a record of attendance of its members and the Chairperson shall send a letter to remind a member of his/her expected commitment to the Council after the second consecutive absence from a regular quarterly meeting. After a third consecutive absence, the Chairperson shall send a letter asking the member to consider resigning. After the fourth consecutive absence, the Executive Committee shall consider asking the Governor to remove the member from the Council.

ARTICLE XI. COUNCIL STAFF

A. Appointment and Supervision of Executive Director

1. The Council shall, consistent with State law policies, hire an Executive Director of the Council. The Executive Director shall be supervised and evaluated by the Council Chairperson, with input from the Executive Committee on the annual performance evaluation.

B. Duties of the Executive Director

1. The Executive Director shall hire and supervise the staff of the Council.

2. The Executive Director is responsible for carrying out the State Plan as established by the Council.

3. The Executive Director’s primary duties include working closely with the Council and its Chair in developing and implementing a specific and measurable State Plan activities that meets the requirements of the Developmental Disabilities Act.

4. The Executive Director is responsible for assuring that the Council is in compliance with all laws, all applicable federal and state regulations, and guidelines pertaining to the Developmental Disabilities Act.

5. The Executive Director serves as a primary liaison with the New Jersey Congressional Delegation, the New Jersey Legislature, department heads, service providers, and general public and is also responsible for keeping the Governor’s office apprised of the work of the Council.

6. The Executive Director is responsible for day to day operations of the Council including fiscal responsibilities.

7. The Executive Director is responsible to report any matter of non-compliance of Council members to the Chair and Executive Committee.

C. Other Staff

1. The Council shall have personnel adequate to insure that the Council has the capacity to fulfill its responsibilities.

ARTICLE XII. COUNCIL OPERATING YEAR

A. The Council fiscal year shall be the federal Fiscal Year, October 1 through September 30.

ARTICLE XIII. COUNCIL BYLAWS AND AMENDMENTS

A. Proposed amendments to these bylaws may be presented in writing by any member of the Council at any meeting of the Council for consideration and action at the following meeting.

B. Adoption of amendments to the bylaws shall require the approval of a two-thirds majority of the members present at a Council meeting at which a quorum is present.

C. The bylaws shall be reviewed every three years and when changes in federal or state law require review.

ARTICLE XIV. ETHICAL STANDARDS

A. Membership on the Council is for the sole purpose of advancing the Council’s mission. Membership shall not be used to advance any outside personal, professional, or organizational gain, financial or otherwise.

B. All members of the Council will be active and involved participants, as described in Council policies and procedures. All Council members shall propose, evaluate, and judge all matters before the Council based on the best interest of the people the Council represents and the Council as a whole.

C. No member of the Council shall represent themselves as speaking on behalf of the Council unless specifically authorized to do so by the Executive Committee or the Council.

D. No Council member, designee, or non-member who participates in Council activities shall conduct themselves in a manner that either is or has the appearance of a conflict of interest or personal interest. Members must inform the Council when a conflict or a potential conflict exists, and take appropriate action including recusal on voting matters.

E. Any public statements made by members of the Council in the name of the Council shall reflect the positions of the Council as a whole. If the Council has adopted a position paper to articulate its position on any issue, public statements on such issue shall be in accordance with that position paper.

F. Council members and designees are expected to read the Department of Human Services’ Code of Ethics, the Uniform Ethics Code, and the Plain Language Guide to New Jersey’s Executive Branch Ethics Standards, and sign a statement annually that they will abide by those standards. There should be an annual briefing for all Council Members on the Code of Ethics.

G. As part of their orientation, new Council members will be instructed how to access the self-tutorial on the state ethics commission website. Council staff will provide assistance as needed.

H. Council members are considered Special State Officers and therefore must complete and file a Financial Disclosure Statement within 120 days of assuming office. Updated statements are due on May 15th of each subsequent year.

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