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This entry was published on 2014-09-22
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Creation of councils on the disabled
General Municipal (GMU) CHAPTER 24, ARTICLE 12-H
§ 239-aa. Creation of councils on the disabled. 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

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

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.