Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 5598 (August 31, 2024).

6 Pa. Code § 35.11. Advisory Council composition.

COMPOSITION OF THE ADVISORY COUNCIL


§ 35.11. Advisory Council composition.

 (a)  The Advisory Council shall consist of a minimum of 15 voting members.

 (b)  In order to assure that the Advisory Council constitutes a maximally representative citizen body, the Advisory Council shall be composed of the following:

   (1)  More than 50% older persons and include:

     (i)   older persons with greatest economic or social need; and

     (ii)   Area Agency service recipients.

   (2)  One or more representatives of older persons.

   (3)  One or more local elected officials.

   (4)  The general public.

 (c)  Appointing authorities and their employes may serve as members of the Advisory Council, but only in ex officio, nonvoting capacity, and are not eligible to serve as officers of the Advisory Council.

 (d)  Subcontractors under the area plan, their employes, and members of their boards of directors and advisory councils may, at the discretion of the Advisory Council, serve either as regular voting members or in an ex officio, nonvoting capacity. The Advisory Council’s decision in this regard shall:

   (1)  be universally applied—that is, the basic decision, once reached by the Advisory Council, must thereafter apply to all subcontractors under the area plan, their employes, and members of their boards of directors and advisory councils who serve on the Advisory Council;

   (2)  be included as a statement of policy in the Advisory Council’s bylaws;

   (3)  require—where the Advisory Council has decided to allow subcontractors under the area plan, their employes, and members of their boards of directors and advisory councils to serve as regular voting members—that such persons comply with those provisions of the Advisory Council’s bylaws explicitly designed to avoid the possibility of conflicts-of-interest, as set forth in §  35.21 (a)(6) (relating to Advisory Council organization responsibilities).

 (e)  Advisory Councils may, at their discretion, establish further membership requirements in accordance with other demographic features within the PSA. Such additional requirements may be established in order to guarantee equitable geographic distribution of membership, particularly in bicounty or multicounty PSA’s, and shall not conflict with the membership requirements established in this chapter.

 (f)  The Advisory Council shall not establish any membership requirement based on religion.

Cross References

   This section cited in 6 Pa. Code §  35.12 (relating to filling vacancies on advisory councils).



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