Is your Statewide Independent Living Council “fully constituted”? In other words, do you have a full complement of members as required in your bylaws or other organizational documents?
Does the makeup of your council meet requirements? A majority — more than 51% of council members must be people with disabilities who are not employed by either the State (in any department or capacity) or by a Center for Independent Living?
Does your makeup reflect the diversity of your state? Regions, ethnicity, and types of disabilities should be as diverse as possible. Populations identified as underserved should be represented.
Is everyone removed from the council whose two three-year-terms have expired? (These are specified in the law.) We have been informed that the Act and the Federal regulations for SILCs do not allow for the extension of terms, whatever the Governor’s appointment office might say.
If you answered “no” to any of these questions, your council is at risk of not being fully constituted.
Consider these strategies to help assure that appointments are made on a timely basis.
- Utilize an application process and work with the statewide network to get the applications into the hands of people who represent the areas where you are lacking. Current staff, officers and council members are the most likely to know people served who might be interested in and familiar with independent living.
- Meet with the governor’s appointment office and present a clear picture of what vacancies need to be filled.
- Communicate with the governor’s office that if the SILC is determined to not be fully constituted, the state risks a delay in federal funds flowing to the DSE and to centers directly (Part B and Part C funds). These funds may be in jeopardy and funds may not be released until the State takes the necessary steps to timely appoint qualified individuals to all SILC vacancies. This ensures the SILC is properly constituted and capable of performing its mandated duties.
- Consider a policy, agreed to by the governor’s appointment office, for the governor to delegate the authority to fill a vacancy for second term for SILC members originally appointed by the governor.
- Request that your program officer from the Administration for Community Living/Independent Living Administration communicate any concerns to the governor’s appointment office.
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