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California Welfare and Institutions Code Sections 4622 and 4626 of the Lanterman Act 2011

4622. The state shall contract only with agencies, the governing boards of which conform to all of the following criteria: (a) The governing board shall be composed of individuals with demonstrated interest in, or knowledge of, developmental disabilities. (b) The membership of the governing board shall include persons with legal, management, public relations, and developmental disability program skills. (c) The membership of the governing board shall include representatives of the various categories of disability to be served by the regional center. (d) The governing board shall reflect the geographic and ethnic characteristics of the area to be served by the regional center. (e) A minimum of 50 percent of the members of the governing board shall be persons with developmental disabilities or their parents or legal guardians. No less than 25 percent of the members of the governing board shall be persons with developmental disabilities. (f) Members of the governing board shall not be permitted to serve more than six years within each eight-year period. (g) The regional center shall provide necessary training and support to these board members to facilitate their understanding and participation. As part of its monitoring responsibility, the department shall review and approve the method by which training and support are provided to board members to ensure maximum understanding and participation by board members. (h) The governing board may appoint a consumers’ advisory committee composed of persons with developmental disabilities representing the various categories of disability served by the regional center. (i) The governing board shall appoint an advisory committee composed of a wide variety of persons representing the various categories of providers from which the regional center purchases client services. The advisory committee shall provide advice, guidance, recommendations, and technical assistance to the regional center board in order to assist the regional center in carrying out its mandated functions. The advisory committee shall designate one of its members to serve as a member of the regional center board. (j) The governing board shall annually review the performance of the director of the regional center. (k) No member of the board who is an employee or member of the governing board of a provider from which the regional center purchases client services shall do any of the following: (1) Serve as an officer of the board. (2) Vote on any fiscal matter affecting the purchase of services from any regional center provider. (3) Vote on any issue other than as described in paragraph (2), in which the member has a financial interest, as defined in Section87103 of the Government Code, and determined by the regional centerboard. The member shall provide a list of his or her financial interests, as defined in Section 87103, to the regional center board. Nothing in this section shall prevent the appointment to a regional center governing board of a person who meets the criteria for more than one of the categories listed above. This section shall become operative on July 1, 1999.

4626.(a) In order to prevent potential conflicts of interest, no member of the governing board or member of the program policy committee of a regional center shall be any of the following: (1) An employee of the State Department of Developmental Services or any state or local agency which provides services to a regional center client, if employed in a capacity which includes administrative or policymaking responsibility, or responsibility for the regulation of the regional center. (2) An employee or a member of the state council. (3) Except as otherwise provided in subdivision (h) of Section4622, an employee or member of the governing board of any entity from which the regional center purchases client services. (4) Any person who has a financial interest, as defined in Section87103 of the Government Code, in regional center operations, except as a consumer of regional center services. (b) Notwithstanding paragraph (1) of subdivision (a), members serving on the governing board or program policy committee of a regional center on January 1, 1982, may continue to serve on the board or committee until the expiration of their term as defined in subdivision (f) of Section 4622. Notwithstanding any other provision of this section, members serving on the governing board or program policy committee of a regional center on January 1, 1982, may continue to serve on the board or committee until the expiration of their current term. Changes in the composition of the board or committee required by amendments to this section that are operative on January 1, 1982, shall apply only to subsequent vacancies on the board or committee.

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