Maryland Commission on Disabilities
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CHARTER

MARYLAND COMMISSION ON DISABILITIES

A LEGALLY ENACTED COMMISSION

​Preamble

​During the 2004 Maryland legislative session, the Governor proposed legislation to create the Maryland Department of Disabilities and the Maryland Commission on Disabilities. The Maryland General Assembly enacted the legislation creating Article - State Government - Department of Disabilities Section 9-1101 through 9-1118. The law establishes the Maryland Commission on Disabilities (§§ 9-1109 through 9-1112) with members appointed by the Governor, The President​ of the Senate, and the Speaker of the House. The law requires that a majority of the Commission be individuals with disabilities.

Mission

The Commission’s mission is to assure that the State’s system of services:

  • respects the inherent dignity and rights of people with disabilities
  • empowers individuals with disabilities to achieve their personal and professional goals in the community where they live
  • provides equal access to support services and resources for all individuals regardless of age, income or type of disability
  • is comprehensive, effective, efficient, and integrated
  • achieves maximum participation in the mainstream of the community in the most integrated setting possible

The Commission carries out this mission by:

  • advising, and assisting the Department in carrying out its legally mandated duties (See Attachment 1)
  • participating in the public comment process of the State Disabilities Plan including setting and achieving activities and performance objectives
  • monitoring and encouraging public dissemination of information on the State’s system of services for people with disabilities and its activities in improving those services
  • providing information, communication, and outreach to the public about the Commission and the opportunity it provides to the public to participate in setting and monitoring State disability policies and services
  • providing a forum for the public to communicate recommendations for changes to state disabilities policies
  • ensuring a State response to public comments made at Commission meetings and letters sent to the Commission
  • advocating for changes that improve and reorganize and streamline services to people with disabilities
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Goal

The Commission strives to be a trusted, respected entity so that the community may voice their concerns, and know that they will be heard and considered by the Commission, the Maryland Department of Disabilities, and the State of Maryland.

The Commission will act as a catalyst to:

  • empower people with disabilities to meaningfully exercise informed choice throughout every level of the service delivery process
  • maximize service efficiency, capacity and effectiveness, and consumer-friendliness

 

The Maryland Commission on Disabilities believes that:

The inherent dignity and rights of people with disabilities should be respected.

  • Persons of all ages and with all disabilities have the right to live independent, productive, and full lives in their communities.
  • People with disabilities should have access to the amount and type of housing, services and supports, education, training and employment they need--and choose.
  • Supports and services intended for Marylanders with disabilities are best delivered in accessible communities where people live, work, play, go to school and prosper.
  • Elimination of unnecessary administrative structures and processes and an increase in administrative flexibility and use of information technology lead to increased service efficiency and capacity.
  • Program performance improves when consumers participate in setting challenging, clear and measurable program performance objectives, and advocate for user-friendly supports and public accountability.

  • People with disabilities are experts in what they need and the way they need the service provided.  Collaboration among individuals with disabilities, families, advocates, public and private policy makers, program providers and administrators drives access, capacity, quality and program performance.

  • Access to services should be based first on functionality, rather than income, age, ethnicity, religion, gender, sexual orientation, or type of disability.

  • Service delivery systems should be integrated, comprehensive, effective, efficient, and of high quality, as defined by consumers.

Article I

Membership 

Section A:  Composition

  1. Membership.  Pursuant to State Government Article, §9-1110 (a) the Commission consists of 20 members, appointed by the Maryland State Governor, the President of the Senate, and the Speaker of the House  as follows:

(a) Gubernatorial Appointments.  Pursuant to State Government Article, §9-1110(b), the Governor’s appointments shall be of individuals from various geographic regions of the State and diverse backgrounds.  The Governor shall appoint members as follows:

​(i) Constituents with Disabilities

      • ​​One individual with a physical disability
      • One individual who has experienced mental illness
      • One individual with an intellectual disability
      • One individual who is blind
      • One individual who is deaf or hard of hearing

​(ii) Family

      • ​One parent or foster parent of a child with a disability

​(iii) Public at Large

      • ​Four members with disabilities from the public at large

​(iv) Private Industry/Business

      • ​One representative from the home health care industry

(v) ​Statewide Advocacy/Provider Organizations

      • Three representatives from statewide disability advocacy organizations
      • One representative from a statewide organization of providers of services and support for individuals with disabilities
      • One representative from the Alliance of Local Commissions on Disabilities

(vi) ​State Departments

      • ​​Two representatives from the Interagency Disabilities Board selected by the Secretary of the Maryland Department of Disabilities, one of whom represents the Department of Budget and Management.​

(b) Legislative Appointments:

      • One representative from the Senate of Maryland, appointed by the President of the Senate.
      • One representative from the Maryland House of Delegates, appointed by the Speaker of the House.​

​      ​2. Term. 

(a)  Pursuant to State Government Article, §9-1110(d) and Section 6, Chapter 425, Acts of 2004, the terms of the membership shall be staggered three-year terms, with the expiration of the initial terms as follows:

i.  7 members in 2005;

ii.  6 members in 2006; and

iii.  7 members in 2007.

(b) A member may not serve more than two consecutive three-year terms.

(c)  A member who was appointed after a term has begun serves only the rest of the term and until the member is reappointed or a qualified successor is appointed.

​(d) At the end of a term, a member continues to serve until a qualified successor is appointed.​

    3. Compensation.  

Each member shall serve without compensation; however, the Secretary may approve reimbursement of actual and necessary expenses incurred in the performance of the Commissioner’s duties, subject to the Standard State Travel Regulations and the State budget.​

Section B:  Commission Responsibilities

  • Provide the opportunity for units of government to present to the Commission status reports on the State Disabilities plan.
  • Strive for consensus on policies to improve the lives of people with disabilities.
  • Establish annual and long-range goals and priorities.
  • Collaborate with individuals, groups, organizations, and coalitions in order to use resources efficiently and effectively, identify unmet needs and advance the interests of people with disabilities.
  • Approve an annual report, which shall be submitted to the Governor, Secretary of the Department of Disabilities, and the Interagency Disabilities Board.


Section C:  Member Responsibilities

1. It shall be the responsibility of each member to:

  • Advise the Department of Disabilities in carrying out its duties.
  • Represent Commission positions with prior knowledge and approval of the Chairperson.
  • Serve on subcommittees established by the Secretary to carry out the mission of the Department of Disabilities.
  • Attend meetings of the Commission.
  • Develop an understanding of the philosophies and appreciation for the diversity of the disability community.
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2. Resignation.

(a)  Any member who resigns from the Commission shall submit a letter of resignation to the Governor with a copy to the Chairperson of the Commission and the Secretary of the Department of Disabilities.

Section D:  Officers

1. The Chairperson of the Commission shall be appointed from the members of the Commission by the Maryland State Governor for a two-year term.​

2. The Vice Chairperson of the Commission shall be appointed by the Chairperson of the Commission and approved by the Secretary of the Department of Disabilities.

Section E:  Attendance

1.  Attendance. 

(a)  A member may notify the Chairperson that the member has designated a representative to attend a meeting.  If any member fails to attend at least 50% of the scheduled meetings during any 12 month period, the member shall be considered to have resigned and the chairperson shall make appropriate notifications. 

Article II

Conflict of Interest

Upon appointment, each member shall sign and comply with the Law, set forth in Md. Code Ann., State Gov’t §§ 15-101 through 15-1001 under the authority of the State Ethics Commission.

 

Article III

Meetings

1. Schedule. 

(a)  The Commission shall meet on the call of the Chairperson as frequently as required to perform its duties, but not less than six times each year.

(b)  At least two sessions in any year shall be full open sessions.  The Commission may meet more often and may hold additional meetings in closed session if permitted pursuant to State Government Article §10-508.

(c)  Under certain circumstances, the Chairperson may schedule a full commission meeting by providing members at least seven (7) days notice. 

(d)  The last meeting of the calendar year is the Annual Meeting.​

2.  Notice. 

Notice of any scheduled meeting shall appear in the Hearing Schedule of the Maryland General Assembly and by publication of notice in the Maryland Register.  Meeting schedules will also be listed on Maryland Department of Disabilities (MDOD) website.  Notice of a meeting shall be in writing, include the date, time, and location of a meeting, and include a statement whether part or all of the meeting shall be conducted in open or closed session.

3. Conduct. 

(a)  All meeting shall be conducted in accordance with the Open Meetings Act, State Government Article, Title 10, subtitle 5.

(b)  All Commission meetings are conducted and decisions made in accordance with Parliamentary procedure as described in Roberts Rules of Order, revised edition.

4. Voting and Quorum. 

(a) Each commission member in attendance or designated representative has one vote.

(b) A quorum shall be considered fifty percent plus one of qualified voters.

Article IV

Officers

Section A:

The Chairperson shall:

  • Prepare agendas for, convene and chair all scheduled meetings of the full Commission and Executive Committee.​
  • Oversee all activities of the Commission
  • Provide oversight, direct, and coordinate the work of existing subcommittees
  • Serve as the primary spokesperson for the Commission
  • Serve as Commission liaison with the Governor, Maryland Legislature, MDOD Secretary and staff, the Interagency Disabilities Board and other State officials, and the units of State government defined in statute.
  • Give a summary report on the Executive Committee Meeting at the first Commission meeting following each Executive Committee Meeting.
  • Represent the Commission on a local, State, Federal and national level.
  • Monitor the annual goals of the commission

Section B:

The duties of the Vice-chairperson shall be to:

•  Assume the duties of the Chairperson in the Chairperson’s absence or when delegated by the Chairperson.

•  Represent the Commission on a local, State, Federal and national level at the request of the chairperson.​

Article V

Section A:  Subcommittee

  1. The Secretary shall establish such subcommittees as deemed necessary or desirable to carry out Commission responsibilities and the mission of the Department of Disabilities.
  2. Each member of the Commission or their representative may be required to participate on at least one subcommittee.  A subcommittee member shall be allowed no more than three unexcused absences annually and must attend at least 50% of all subcommittee meetings; failure to comply may result in removal from the subcommittee.  Subcommittee meetings shall be subject to the Open Meetings Law; meeting shall be open to the public and notice provided unless a closed session is permitted pursuant to State Government Article, §10-508. Members of the public may serve on the subcommittees, subject to assignment by the Secretary.
  3. Each subcommittee chairperson shall be responsible for ensuring that meetings are recorded and submitted to the designated Maryland Department of Disabilities staff person.
  4. At each Commission meeting, subcommittee chairpersons shall give status reports on progress made towards accomplishing their committee's goals.  A written summary of each report shall be provided to Commission staff at the conclusion of each Commission meeting for inclusion in the Commissions minutes.

Section B:  Executive Committee

  1. The Executive Committee shall be composed of five (5) members: the Commission Chairperson, Vice Chair, and three (3) members elected by a majority of the Commission members.
  2. The Executive Committee shall draft annual and long-range goals and priorities for the Commission.  The Executive Committee shall monitor subcommittee progress and review subcommittee recommendations before presentation to the full Commission.
  3. The Executive Committee shall draft the annual report for submission to and approval by the Commission.

Article VI

Section A:  Departmental Support

  1. The Commission shall be supported by whatever means are mutually agreed upon by the Secretary of the Department and the Chairperson of the Commission. 
  2. Staff shall be under the direction of the Secretary of the Maryland Department of Disabilities.
  3. Commission staff shall provide technical and general support in a manner that is mutually agreed upon by the Secretary and the Chairperson, to assist the Commission in achieving its long-range and annual goals.

Section B: Department Secretary's Support

  • At least two weeks in advance of Commission meetings, the Commission Chairperson will request from the Department Secretary agenda items of interest to the Secretary
  • The Department enables the Commission to carry out its duties and encourages public participation in the improvement of the capacity of communities to support individuals with disabilities by:
  • Mailing the Commission agenda to Commission members, members of the press, and other interested parties, at least seven calendar days preceding the Executive Committee’s meeting.
  • Disseminating minutes of the meetings to Commission members and other interested parties within two weeks of each meeting.
  • Maintaining a record of decisions and proceedings of meetings of the commission and its subcommittees.
  • Assuring the electronic posting of the Commission’s Annual Report.

Article VII

Communications

Section A:

Copies of all materials written on behalf of the full Commission shall be on file in the Maryland Department of Disabilities office.

Section B:

The Commission shall submit an annual report to the Secretary of the Department of Disabilities for review and comment.  The report shall subsequently be submitted to the Maryland Governor, Legislature, and the Interagency Disabilities Board.

The Annual Report shall be distributed to Commission members at the annual meeting.

Attachment 1

Legally Enacted Duties of the Department and Interagency Disabilities Board

​Duties of the Interagency Disabilities Board

  1. providing an ongoing examination of the structure and organization of the State’s system of services and support to individuals with disabilities to ensure equal access to support services and resources by all individuals with disabilities
  2. facilitating the development of performance objectives that will result in a comprehensive, effective, efficient, and integrated service delivery system for individuals with disabilities
  3. developing an interagency funding approach to maximize efficiencies and streamline access to services and support for individuals with disabilities
  4. formulating policies on legislative issues and under the direction of the Governor, communicating the policies to the General Assembly
  5. developing the State Disabilities Plan​

Duties of the Department

  1. adopting regulations for the Department and its units
  2. reviewing new or proposed changes to regulations, policies, programs, and services submitted by a unit of State government that relate to the provision of resources and services to individuals with disabilities prior to public notification.
  3. reviewing, coordinating, and concurring with applications for federal aid, waivers, or grants submitted by or through any units of State government when the applications are specific to disability services
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