Executive Order 2021-03D Continuance and Reauthorization of the Ohio Statewide Independent Living Council
Executive Order
WHEREAS, Ohio remains committed to promoting self-help, self-determination and full inclusion and integration of individua1s with disabilities into the mainstream of Ohio's communities; and
WHEREAS, the Federal Rehabilitation Act of 1973, as amended and reauthorized by the Rehabilitation Act Amendments of 1992, the Workforce Investment Act of 1998, and the Workforce Innovation and Opportunity Act of 2014 (Public Law 113-128), were enacted to promote independent living, including self-help, self-determination, and equal access for, and to maximize the independence and productivity of, individuals with disabilities; and
WHEREAS, those federal laws provide that a State that establishes a Statewide Independent Living Council will be eligible to receive federal financial assistance under those laws; and
WHEREAS, the Ohio Statewide Independent Living Council ("OSILC") was created by Executive Order 2000-02T as a successor to the Ohio Independent Living Council established in 1993 by Executive Order 93-141V, and the OSILC was reauthorized in 2009 by Executive Order 2009-02S, in 2012 by Executive Order 2012-04K, in 2015 by Executive Order 2015-03K, and 2018 by Executive Order 2018-02K.
NOW THEREFORE, I, Mike DeWine, Governor of the State of Ohio, by virtue of the authority vested in me by the Constitution and laws of this State, do hereby order and direct that the OSILC is reauthorized and shall continue to operate in accordance with the provisions of this Executive Order, which sets forth OSILC's structure, power and duties, as follows:
There shall be nineteen (19) members of the OSILC, fourteen (14) voting and five (5) nonvoting, who shall be appointed by and serve at the pleasure of the Governor. The fourteen (14) voting members shall include:
a. At least one director of a center for independent living chosen by the directors of centers for independent living within the State;
b. Additional members selected from among the following: representatives from centers for independent living individuals with disabilities, parents or legal guardians of individuals with disabilities, advocates of and for individuals with disabilities, representatives from private business, representatives from organizations that provide services for individuals with disabilities, and other appropriate individuals.
Generally, the members of the OSILC collectively will provide statewide representation, represent a broad range of individuals with disabilities from diverse backgrounds, and be knowledgeable about centers for independent living and independent living services. A majority of the members of the OSILC shall be persons who are individuals with disabilities and not employed by any State agency or center for independent living.
Ex Officio, non-voting members will include a representative from the Opportunities for Ohioans with Disabilities ("OOD"), as well as four (4) other members chosen to represent other State agencies that provide services for individuals with disabilities, including the Ohio Developmental Disabilities Council, the Ohio Department of Job and Family Services, the Ohio Department of Developmental Disabilities, and the Ohio Department of Transportation.
The length of term of membership on the OSILC shall be three (3) years and will be determined in accordance with the following standards:
a. The terms of OSILC members appointed pursuant to Executive Order 2018-02K shall not be affected by this Executive Order and those members shall serve the complete term for which they were appointed.
b. No member shall serve more than two (2) consecutive full terms.
c. Vacancies occurring in the OSILC membership during a member's term will be filled consistent with the appointment process set forth in this Executive Order.
d. A member appointed by the Governor to fill a vacancy occurring before the expiration of the term for which a predecessor was appointed shall serve for the remainder of that term.
The Governor shall designate one member to serve as chairperson and one member to serve as vice chairperson from among the voting membership of the OSILC. The vice chairperson shall assume the duties of the chairperson in the event the chairperson is unable to perform their duties. The chairperson's duties shall consist of the authority to call and preside over meetings of the OSILC. The designation of chairperson and vice chairperson shall be at the pleasure of the Governor.
The OSILC may, pursuant to R.C. Section 126.31 and 29 U.S.C. section 796d(f), reimburse members of the OSILC for reasonable and necessary expenses of attending OSILC meetings, attending other meetings involving OSILC interests and in performing OSILC duties (such as personal assistance services), and, pursuant to R.C. Section 124.15(J), pay compensation to a OSILC member if such member is not employed or must forfeit wages from other employment for each day the member is actively engaged in performing OSILC duties.
The OSILC shall provide a written report of its activities for the preceding calendar year not later than the first day of February of each year to the Governor and the Executive Director of OOD.
Because OOD receives, accounts for, and disburses independent living funds under the State Independent Living Services Program, the OSILC shall establish a detailed budget and be subject to audit by OOD or a designee of OOD.
The OSILC members shall carry out all other duties and responsibilities as set forth in the federal laws set forth above, including Public Law 113-128, and the regulations under those laws.
Effective with this Order, I revoke all Executive Orders which are inconsistent with this Order.
I signed this Executive Order on February 25, 2021, in Cedarville, Ohio, and it shall not expire until rescinded, or the federal authorizing statutes are amended or rescinded, whichever occurs earlier.
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Mike DeWine, Governor
ATTEST:
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Frank LaRose, Secretary of State
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