§ 51.5-39.2. The Virginia Office for Protection and Advocacy; governingboard; terms; quorum; expenses; summary of annual work.
A. The Department for Rights of Virginians with Disabilities is herebyestablished as an independent state agency to be known as the Virginia Officefor Protection and Advocacy. The Office is designated as the agency toprotect and advocate for the rights of persons with mental, cognitive,sensory, physical or other disabilities and to receive federal funds onbehalf of the Commonwealth of Virginia to implement the federal Protectionand Advocacy for Individuals with Mental Illness Act, the federalDevelopmental Disabilities Assistance and Bill of Rights Act, the federalRehabilitation Act, the Virginians with Disabilities Act and such otherrelated programs as may be established by state and federal law.Notwithstanding any other provision of law, the Office shall be independentof the Office of the Attorney General and shall have the authority, pursuantto subdivision 5 of § 2.2-510, to employ and contract with legal counsel tocarry out the purposes of this chapter and to employ and contract with legalcounsel to advise and represent the Office, to initiate actions on behalf ofthe Office, and to defend the Office and its officers, agents and employeesin the course and scope of their employment or authorization, in any matter,including state, federal and administrative proceedings. Compensation forlegal counsel shall be paid out of the funds appropriated for theadministration of the Office. However, in the event defense is provided underArticle 5 (§ 2.2-1832 et seq.) of Chapter 18 of Title 2.2, counsel shall beappointed pursuant to subdivision 4 of § 2.2-510. The Office shall provideombudsman, advocacy and legal services to persons with disabilities who maybe represented by the Office. The Office is authorized to receive and actupon complaints concerning discrimination on the basis of disability, abuseand neglect or other denial of rights, and practices and conditions ininstitutions, hospitals, and programs for persons with disabilities, and toinvestigate complaints relating to abuse and neglect or other violation ofthe rights of persons with disabilities in proceedings under state or federallaw, and to initiate any proceedings to secure the rights of such persons.
B. The Office shall be governed by an 11-member board consisting of 11nonlegislative citizen members. The members shall be appointed as follows:five citizens at large, of whom one shall be a person with a developmentaldisability or the parent, family member, guardian, advocate, or authorizedrepresentative of such an individual, one shall be a person with a physicaldisability or the parent, family member, guardian, advocate, or authorizedrepresentative of such an individual, one shall be a person who representspersons with cognitive disabilities, one shall be a person who representspersons with developmental disabilities, and one shall be a person whorepresents persons with sensory or physical disabilities, to be appointed bythe Speaker of the House of Delegates; three citizens at large, of whom oneshall be a person with a cognitive disability or the parent, family member,guardian, advocate, or authorized representative of such an individual, oneshall be a person who represents persons with mental illnesses, and one shallbe a person who represents people with mental or neurological disabilities,to be appointed by the Senate Committee on Rules; and three citizens atlarge, of whom one shall be a person with a mental illness or the parent,family member, guardian, advocate, or authorized representative of such anindividual, one shall be a person with a sensory disability or the parent,family member, guardian, advocate, or authorized representative of such anindividual, and one shall be a person with a mental or neurologicaldisability or the parent, family member, guardian, advocate, or authorizedrepresentative of such an individual, to be appointed by the Governor.Persons appointed to the board to represent individuals with a disabilityshall be knowledgeable of the broad range of needs of such persons served bythe Office. Persons appointed to the board who have a disability shall beindividuals who are eligible for, are receiving, or have received servicesthrough the state system that protects and advocates for the rights ofindividuals with disabilities. In appointing the members of the Board,consideration shall be given to persons nominated by statewide groups thatadvocate for the physically, developmentally, and mentally disabled. TheVirginia Office for Protection and Advocacy shall coordinate and provide tothe appointing authorities the lists of nominations for each appointment. TheSpeaker of the House of Delegates, the Senate Committee on Rules and theGovernor shall not be limited in their appointments to persons so nominated;however, such appointing authorities shall seriously consider the personsnominated and appoint such persons whenever feasible.
No member of the General Assembly, elected official, or current employee ofthe Department of Behavioral Health and Developmental Services, State HealthDepartment, Department of Rehabilitative Services, Department for the Blindand Vision Impaired, Virginia Department for the Deaf and Hard-of-Hearing, acommunity services board, a behavioral health authority, or a localgovernment department with a policy-advisory community services board shallbe appointed to the Board.
C. Nonlegislative citizen members shall be appointed for a term of fouryears, following the initial staggering of terms. All members may bereappointed, except that any member appointed during the initial staggeringof terms to a four-year term shall not be eligible for reappointment for twoyears after the expiration of his term. However, no nonlegislative citizenmember shall serve more than two consecutive four-year terms. The remainderof any term to which a member is appointed to fill a vacancy shall notconstitute a term in determining the member's eligibility for reappointment.Appointments to fill vacancies, other than by expiration of a term, shall bemade for the unexpired terms. Vacancies shall be filled in the same manner asthe original appointments. All appointments and reappointments shall besubject to confirmation at the next session of the General Assembly. Allappointments shall be confirmed by the affirmative vote of a majority ofthose voting in each house of the General Assembly. Members shall continue toserve until such time as their successors have been appointed and dulyqualified to serve.
D. The Board shall elect a chairman and a vice-chairman from among itsmembers and appoint a secretary who may or may not be a member of the Board.A majority of the members of the Board shall constitute a quorum.
The Board shall meet at least four times each year. The meetings of the Boardshall be held at the call of the chairman or whenever the majority of thevoting members so request. The chairman shall perform such additional dutiesas may be established by resolution of the Board.
E. Members shall serve without compensation for their services; however, allmembers shall be reimbursed for all reasonable and necessary expensesincurred in the performance of their duties as provided in §§ 2.2-2813 and2.2-2825. Funding for the costs of expenses of the members shall be providedby the Virginia Office for Protection and Advocacy.
F. Members of the Board shall be subject to removal from office only as setforth in Article 7 (§ 24.2-230 et seq.) of Chapter 2 of Title 24.2. TheCircuit Court of the City of Richmond shall have exclusive jurisdiction overall proceedings for such removal.
G. The chairman of the Board shall submit to the Governor and the GeneralAssembly an annual executive summary of the interim activity and work of theBoard no later than the first day of each regular session of the GeneralAssembly. The executive summary shall be submitted as provided in theprocedures of the Division of Legislative Automated Systems for theprocessing of legislative documents and reports and shall be posted to theGeneral Assembly's website.
(2002, c. 572; 2003, cc. 236, 885; 2004, c. 1000; 2009, cc. 813, 840.)
§ 51.5-39.2. The Virginia Office for Protection and Advocacy; governingboard; terms; quorum; expenses; summary of annual work.
A. The Department for Rights of Virginians with Disabilities is herebyestablished as an independent state agency to be known as the Virginia Officefor Protection and Advocacy. The Office is designated as the agency toprotect and advocate for the rights of persons with mental, cognitive,sensory, physical or other disabilities and to receive federal funds onbehalf of the Commonwealth of Virginia to implement the federal Protectionand Advocacy for Individuals with Mental Illness Act, the federalDevelopmental Disabilities Assistance and Bill of Rights Act, the federalRehabilitation Act, the Virginians with Disabilities Act and such otherrelated programs as may be established by state and federal law.Notwithstanding any other provision of law, the Office shall be independentof the Office of the Attorney General and shall have the authority, pursuantto subdivision 5 of § 2.2-510, to employ and contract with legal counsel tocarry out the purposes of this chapter and to employ and contract with legalcounsel to advise and represent the Office, to initiate actions on behalf ofthe Office, and to defend the Office and its officers, agents and employeesin the course and scope of their employment or authorization, in any matter,including state, federal and administrative proceedings. Compensation forlegal counsel shall be paid out of the funds appropriated for theadministration of the Office. However, in the event defense is provided underArticle 5 (§ 2.2-1832 et seq.) of Chapter 18 of Title 2.2, counsel shall beappointed pursuant to subdivision 4 of § 2.2-510. The Office shall provideombudsman, advocacy and legal services to persons with disabilities who maybe represented by the Office. The Office is authorized to receive and actupon complaints concerning discrimination on the basis of disability, abuseand neglect or other denial of rights, and practices and conditions ininstitutions, hospitals, and programs for persons with disabilities, and toinvestigate complaints relating to abuse and neglect or other violation ofthe rights of persons with disabilities in proceedings under state or federallaw, and to initiate any proceedings to secure the rights of such persons.
B. The Office shall be governed by an 11-member board consisting of 11nonlegislative citizen members. The members shall be appointed as follows:five citizens at large, of whom one shall be a person with a developmentaldisability or the parent, family member, guardian, advocate, or authorizedrepresentative of such an individual, one shall be a person with a physicaldisability or the parent, family member, guardian, advocate, or authorizedrepresentative of such an individual, one shall be a person who representspersons with cognitive disabilities, one shall be a person who representspersons with developmental disabilities, and one shall be a person whorepresents persons with sensory or physical disabilities, to be appointed bythe Speaker of the House of Delegates; three citizens at large, of whom oneshall be a person with a cognitive disability or the parent, family member,guardian, advocate, or authorized representative of such an individual, oneshall be a person who represents persons with mental illnesses, and one shallbe a person who represents people with mental or neurological disabilities,to be appointed by the Senate Committee on Rules; and three citizens atlarge, of whom one shall be a person with a mental illness or the parent,family member, guardian, advocate, or authorized representative of such anindividual, one shall be a person with a sensory disability or the parent,family member, guardian, advocate, or authorized representative of such anindividual, and one shall be a person with a mental or neurologicaldisability or the parent, family member, guardian, advocate, or authorizedrepresentative of such an individual, to be appointed by the Governor.Persons appointed to the board to represent individuals with a disabilityshall be knowledgeable of the broad range of needs of such persons served bythe Office. Persons appointed to the board who have a disability shall beindividuals who are eligible for, are receiving, or have received servicesthrough the state system that protects and advocates for the rights ofindividuals with disabilities. In appointing the members of the Board,consideration shall be given to persons nominated by statewide groups thatadvocate for the physically, developmentally, and mentally disabled. TheVirginia Office for Protection and Advocacy shall coordinate and provide tothe appointing authorities the lists of nominations for each appointment. TheSpeaker of the House of Delegates, the Senate Committee on Rules and theGovernor shall not be limited in their appointments to persons so nominated;however, such appointing authorities shall seriously consider the personsnominated and appoint such persons whenever feasible.
No member of the General Assembly, elected official, or current employee ofthe Department of Behavioral Health and Developmental Services, State HealthDepartment, Department of Rehabilitative Services, Department for the Blindand Vision Impaired, Virginia Department for the Deaf and Hard-of-Hearing, acommunity services board, a behavioral health authority, or a localgovernment department with a policy-advisory community services board shallbe appointed to the Board.
C. Nonlegislative citizen members shall be appointed for a term of fouryears, following the initial staggering of terms. All members may bereappointed, except that any member appointed during the initial staggeringof terms to a four-year term shall not be eligible for reappointment for twoyears after the expiration of his term. However, no nonlegislative citizenmember shall serve more than two consecutive four-year terms. The remainderof any term to which a member is appointed to fill a vacancy shall notconstitute a term in determining the member's eligibility for reappointment.Appointments to fill vacancies, other than by expiration of a term, shall bemade for the unexpired terms. Vacancies shall be filled in the same manner asthe original appointments. All appointments and reappointments shall besubject to confirmation at the next session of the General Assembly. Allappointments shall be confirmed by the affirmative vote of a majority ofthose voting in each house of the General Assembly. Members shall continue toserve until such time as their successors have been appointed and dulyqualified to serve.
D. The Board shall elect a chairman and a vice-chairman from among itsmembers and appoint a secretary who may or may not be a member of the Board.A majority of the members of the Board shall constitute a quorum.
The Board shall meet at least four times each year. The meetings of the Boardshall be held at the call of the chairman or whenever the majority of thevoting members so request. The chairman shall perform such additional dutiesas may be established by resolution of the Board.
E. Members shall serve without compensation for their services; however, allmembers shall be reimbursed for all reasonable and necessary expensesincurred in the performance of their duties as provided in §§ 2.2-2813 and2.2-2825. Funding for the costs of expenses of the members shall be providedby the Virginia Office for Protection and Advocacy.
F. Members of the Board shall be subject to removal from office only as setforth in Article 7 (§ 24.2-230 et seq.) of Chapter 2 of Title 24.2. TheCircuit Court of the City of Richmond shall have exclusive jurisdiction overall proceedings for such removal.
G. The chairman of the Board shall submit to the Governor and the GeneralAssembly an annual executive summary of the interim activity and work of theBoard no later than the first day of each regular session of the GeneralAssembly. The executive summary shall be submitted as provided in theprocedures of the Division of Legislative Automated Systems for theprocessing of legislative documents and reports and shall be posted to theGeneral Assembly's website.
(2002, c. 572; 2003, cc. 236, 885; 2004, c. 1000; 2009, cc. 813, 840.)
§ 51.5-39.2. The Virginia Office for Protection and Advocacy; governingboard; terms; quorum; expenses; summary of annual work.
A. The Department for Rights of Virginians with Disabilities is herebyestablished as an independent state agency to be known as the Virginia Officefor Protection and Advocacy. The Office is designated as the agency toprotect and advocate for the rights of persons with mental, cognitive,sensory, physical or other disabilities and to receive federal funds onbehalf of the Commonwealth of Virginia to implement the federal Protectionand Advocacy for Individuals with Mental Illness Act, the federalDevelopmental Disabilities Assistance and Bill of Rights Act, the federalRehabilitation Act, the Virginians with Disabilities Act and such otherrelated programs as may be established by state and federal law.Notwithstanding any other provision of law, the Office shall be independentof the Office of the Attorney General and shall have the authority, pursuantto subdivision 5 of § 2.2-510, to employ and contract with legal counsel tocarry out the purposes of this chapter and to employ and contract with legalcounsel to advise and represent the Office, to initiate actions on behalf ofthe Office, and to defend the Office and its officers, agents and employeesin the course and scope of their employment or authorization, in any matter,including state, federal and administrative proceedings. Compensation forlegal counsel shall be paid out of the funds appropriated for theadministration of the Office. However, in the event defense is provided underArticle 5 (§ 2.2-1832 et seq.) of Chapter 18 of Title 2.2, counsel shall beappointed pursuant to subdivision 4 of § 2.2-510. The Office shall provideombudsman, advocacy and legal services to persons with disabilities who maybe represented by the Office. The Office is authorized to receive and actupon complaints concerning discrimination on the basis of disability, abuseand neglect or other denial of rights, and practices and conditions ininstitutions, hospitals, and programs for persons with disabilities, and toinvestigate complaints relating to abuse and neglect or other violation ofthe rights of persons with disabilities in proceedings under state or federallaw, and to initiate any proceedings to secure the rights of such persons.
B. The Office shall be governed by an 11-member board consisting of 11nonlegislative citizen members. The members shall be appointed as follows:five citizens at large, of whom one shall be a person with a developmentaldisability or the parent, family member, guardian, advocate, or authorizedrepresentative of such an individual, one shall be a person with a physicaldisability or the parent, family member, guardian, advocate, or authorizedrepresentative of such an individual, one shall be a person who representspersons with cognitive disabilities, one shall be a person who representspersons with developmental disabilities, and one shall be a person whorepresents persons with sensory or physical disabilities, to be appointed bythe Speaker of the House of Delegates; three citizens at large, of whom oneshall be a person with a cognitive disability or the parent, family member,guardian, advocate, or authorized representative of such an individual, oneshall be a person who represents persons with mental illnesses, and one shallbe a person who represents people with mental or neurological disabilities,to be appointed by the Senate Committee on Rules; and three citizens atlarge, of whom one shall be a person with a mental illness or the parent,family member, guardian, advocate, or authorized representative of such anindividual, one shall be a person with a sensory disability or the parent,family member, guardian, advocate, or authorized representative of such anindividual, and one shall be a person with a mental or neurologicaldisability or the parent, family member, guardian, advocate, or authorizedrepresentative of such an individual, to be appointed by the Governor.Persons appointed to the board to represent individuals with a disabilityshall be knowledgeable of the broad range of needs of such persons served bythe Office. Persons appointed to the board who have a disability shall beindividuals who are eligible for, are receiving, or have received servicesthrough the state system that protects and advocates for the rights ofindividuals with disabilities. In appointing the members of the Board,consideration shall be given to persons nominated by statewide groups thatadvocate for the physically, developmentally, and mentally disabled. TheVirginia Office for Protection and Advocacy shall coordinate and provide tothe appointing authorities the lists of nominations for each appointment. TheSpeaker of the House of Delegates, the Senate Committee on Rules and theGovernor shall not be limited in their appointments to persons so nominated;however, such appointing authorities shall seriously consider the personsnominated and appoint such persons whenever feasible.
No member of the General Assembly, elected official, or current employee ofthe Department of Behavioral Health and Developmental Services, State HealthDepartment, Department of Rehabilitative Services, Department for the Blindand Vision Impaired, Virginia Department for the Deaf and Hard-of-Hearing, acommunity services board, a behavioral health authority, or a localgovernment department with a policy-advisory community services board shallbe appointed to the Board.
C. Nonlegislative citizen members shall be appointed for a term of fouryears, following the initial staggering of terms. All members may bereappointed, except that any member appointed during the initial staggeringof terms to a four-year term shall not be eligible for reappointment for twoyears after the expiration of his term. However, no nonlegislative citizenmember shall serve more than two consecutive four-year terms. The remainderof any term to which a member is appointed to fill a vacancy shall notconstitute a term in determining the member's eligibility for reappointment.Appointments to fill vacancies, other than by expiration of a term, shall bemade for the unexpired terms. Vacancies shall be filled in the same manner asthe original appointments. All appointments and reappointments shall besubject to confirmation at the next session of the General Assembly. Allappointments shall be confirmed by the affirmative vote of a majority ofthose voting in each house of the General Assembly. Members shall continue toserve until such time as their successors have been appointed and dulyqualified to serve.
D. The Board shall elect a chairman and a vice-chairman from among itsmembers and appoint a secretary who may or may not be a member of the Board.A majority of the members of the Board shall constitute a quorum.
The Board shall meet at least four times each year. The meetings of the Boardshall be held at the call of the chairman or whenever the majority of thevoting members so request. The chairman shall perform such additional dutiesas may be established by resolution of the Board.
E. Members shall serve without compensation for their services; however, allmembers shall be reimbursed for all reasonable and necessary expensesincurred in the performance of their duties as provided in §§ 2.2-2813 and2.2-2825. Funding for the costs of expenses of the members shall be providedby the Virginia Office for Protection and Advocacy.
F. Members of the Board shall be subject to removal from office only as setforth in Article 7 (§ 24.2-230 et seq.) of Chapter 2 of Title 24.2. TheCircuit Court of the City of Richmond shall have exclusive jurisdiction overall proceedings for such removal.
G. The chairman of the Board shall submit to the Governor and the GeneralAssembly an annual executive summary of the interim activity and work of theBoard no later than the first day of each regular session of the GeneralAssembly. The executive summary shall be submitted as provided in theprocedures of the Division of Legislative Automated Systems for theprocessing of legislative documents and reports and shall be posted to theGeneral Assembly's website.
(2002, c. 572; 2003, cc. 236, 885; 2004, c. 1000; 2009, cc. 813, 840.)
