§ 13.33 Boards of visitors.

(a) Each state operations office under the jurisdiction of the
commissioner shall have a minimum of one board of visitors consisting of
at least seven but not more than fourteen members. 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 state operations office, 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 persons with developmental disabilities or in developmental
disability endeavors generally.

(b) No elected state officer or member of the legislature may serve as
a visitor.

(c) Each visitor shall reside, at the time of appointment or
reappointment, in the area, as established by the regulations of the
commissioner, served by the state operated office that it oversees.

(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 and advocacy for persons with
disabilities and the state operations 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 state operations office. 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 and advocacy for persons
with disabilities and the state operations 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 a state
operated facility, preliminary plans for construction and alterations,
and programs and activities of a state operated facility.

(h) Each board or any member of the board may visit and inspect a
state operated facility that is in the catchment area of the state
operations region in which such member or members serve 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 and advocacy for persons with disabilities and, subject to
confidential information being redacted to protect the confidentiality
of individuals in such facility, to the temporary president of the
senate and to the speaker of the assembly. In addition, each board shall
ensure that a member or committee of members shall inspect such 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 and advocacy for persons with
disabilities and, subject to confidential information being redacted to
protect the confidentiality of individuals in such facility, to the
temporary president of the senate and to the speaker of the assembly.
Each board member shall visit and inspect any such 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 and advocacy for persons with disabilities, and the
state operations director, if any member of the board has failed to
visit and inspect any such 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 a facility at least twice a year shall be considered
to have vacated his or her 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 state
operations 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 facilities 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 such facilities and may make
recommendations to the governor, to the commissioner and to the chairman
of the state commission on quality of care and advocacy for persons with
disabilities. Each board member shall enter in a book, kept at each such
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 that is within the catchment area of the state
operations region in 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 that 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 and advocacy for persons with disabilities and subject to
confidential information being redacted to protect the confidentiality
of individuals in such facility to the temporary president of the senate
and to the speaker of the assembly.

(2) Any member or members of the board may visit and inspect a
community residence operated by the office for people with developmental
disabilities that is within the catchment area of the state operations
region in 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 that 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 and advocacy for persons with disabilities.

(j) Once each year, each board shall make an independent assessment of
conditions at such facilities and shall submit a report on the
assessment and recommendations to the governor, to the commissioner, to
the temporary president of the senate, to the speaker of the assembly
and to the chairman of the state commission on quality of care and
advocacy for persons with disabilities.

(k) The commissioner shall notify the board of visitors of a facility
under his or her jurisdiction of the proposed appointment of a state
operations director or the proposed transfer of a state operations
director, 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 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 or her designee, shall meet quarterly with
representatives of boards of visitors.

(m) Members of the boards of visitors shall be considered officers of
the office for people with 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 and advocacy for
persons with disabilities for members of boards of visitors. The
chairman of the commission on quality of care and advocacy for persons
with disabilities 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.