N.Y. General Municipal Law 239-AA – Creation of councils on the disabled
§ 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 following:
Terms Used In N.Y. General Municipal Law 239-AA
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Bequest: Property gifted by will.
- Devise: To gift property by will.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Personal property: All property that is not real property.
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
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 assistance.
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.