HomeMy WebLinkAboutMINUTES - 03161993 - IO.2 I .O. -2
TO: BOARD OF SUPERVISORS SE L Contra
FROM: INTERNAL OPERATIONS COMMITTEE •�'%"
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DATE: March 8, 1993
SUBJECT: REORGANIZATION OF THE MENTAL HEALTH ADVISORY BOARD INTO A MENTAL
HEALTH COMMISSION
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1 . Indicate the Board' s intent to abolish the current Mental
Health Advisory Board effective April 20, 1993, providing that
at least a majority of members are appointed to the newly
constituted Mental Health Commission on that date, pursuant to
the provisions of AB 14 (Chapter 1374, Statutes of 1992 ) . In
no case shall the Board delay abolishing the existing Mental
Health Advisory Board beyond May 25, 1993 .
2 . Indicate the Board' s intent to establish a Mental Health
Commission of 16 members, effective April 20, 1993, to serve
in an advisory capacity to the Board of Supervisors, and to
appoint members to the Commission on that date, providing that
the Internal Operations Committee is prepared to recommend the
appointment of at least a majority of the members of the
Commission on that date. In no case shall the establishment
of the Mental Health Commission be delayed beyond May 25,
1993 .
3 . Indicate that the Mental Health Commission shall be
constituted as follows :
One member of the Board of Supervisors shall be a member of
the Mental Health Commission and shall serve for a three-year
term or until replaced by the Board of Supervisors on the
recommendation of the Chair of the Board.
Each member of the Board of Supervisors shall have three
nominations to the Mental Health Commission.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD C ITTEE
APPROVE OTHER
CH SIGNATURE 8 : SUNNE WRIGHT McPE J S
ACTION OF BOARD ON March 16, 1993 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
V� I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTIONTAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISO N THE DATE SHOWN. g
ATTESTED
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
CC: SUPERVISORS AND COUNTY ADMINISTRATOR
See Page 4 .
BY DEPUTY
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4 . Designate four seats on the Mental Health Commission for
consumers who are receiving or have received mental health
services and four additional seats for the parents, spouse,
sibling, or adult children of consumers who are receiving or
have received mental health services .
5 . Stagger the seats on the Mental Health Commission so that the
initial appointments include a one-year appointment, expiring
April 20, 1994; a two-year appointment, expiring April 20,
1995; and a three-year appointment, expiring April 20, 1996
from each supervisorial district, the specific seat to be
assigned to each nominee to be determined by the member of the
Board of Supervisors making the nomination. After the initial
terms expire, all terms shall be for three years . All terms
shall expire April 20 in the appropriate year.
6 . In order to insure that the appropriate number of consumers of
mental health services and family of mental health consumers
are seated on the Commission, the individual members of the
Board of Supervisors shall forward their nominations to the
Internal Operations Committee, which will retain the right to
interview the nominee(s) and insure compliance with the
compositional requirements and the ethnic diversity
recommendation in State law. The Internal Operations
Committee shall only be able to return a nomination to a Board
member in a situation where appointing that individual would
violate State law or would create a substantial ethnic
diversity problem in terms of the composition of the
Commission.
7 . For purposes of assisting the members of the Board of
Supervisors in nominating initial members to the Mental Health
Commission, authorize the current Mental Health Advisory Board
to advertise for, recruit, screen, interview and rank possible
nominations and forward all applications to the appropriate
Board member with the comments, rankings and recommendations
of the Mental Health Advisory Board. This process should be
carried out in a timeframe which will allow each Board member
to forward his or her nominations to the County
Administrator' s office by Wednesday, April 7, 1993 . The
Internal Operations Committee will then consider all available
nominations on Monday, April 12, 1993 and will make
recommendations to the Board of Supervisors which are
consistent with the wishes of the individual Board members and
which comply with State law on April 20, 1993 .
8 . Following the initial appointments to the Mental Health
Commission, each Board member is encouraged to involve the
Mental Health Commission in all subsequent recruitment and
screening for applicants . All future vacancies will be filled
in the same manner, by forwarding the Board member's
nominations to the Internal Operations Committee for its
review and subsequent recommendation to the Board of
Supervisors .
9 . Determine that the duties of the Mental Health Commission are
adequately defined in Welfare and Institutions Code Section
5604 .2 , specifically to include only the following:
* Review and evaluate the community' s mental health needs,
services, facilities, and special problems .
* Review any county agreements entered into pursuant to
Section 5650 of the Welfare and Institutions Code.
* Advise the governing body and the local mental health
director as to any aspect of the local mental health
program.
* Review and approve the procedures used to insure citizen
and professional involvement at all stages of the
planning process.
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* Submit an annual report to the governing body on the
needs and performances of the County' s mental health
system.
* Review and make recommendations on applicants for the
appointment of a local director of mental health
services . The Commission shall be included in the
selection process prior to the vote of the governing
body.
* Review and comment on the County' s performance outcome
data and communicate its findings to the State Mental
Health Commission.
* Assess the impact of the realignment of services from the
State to the County on services delivered to clients and
on the local community.
* The Board of Supervisors reserves the right to assign
additional duties or authority to the Mental Health
Commission from time to time.
10 . Decline at this time to place any absolute limits on the
number of terms a member may serve on the Mental Health
Commission, while encouraging Board members to take into
account the length of service of members when making
recommendations for appointments to the Commission.
BACKGROUND:
Law enacted in 1992 requires a substantial reorganization of the
Mental Health Advisory Board (MHAB) . This law is AB 14 (Chapter
1374, Statutes of 1992, amending Welfare & Institutions Code
Section 5604 ) .
In the past, the MHAB was required to consist of 17 members with a
variety of tightly controlled professions and other categories
which had to be represented. Because of the need to insure that
individuals were representing the proper category, most
appointments to the MHAB went through the Internal Operations
Committee in order to insure that they met the proper criteria. In
addition, the MHAB has traditionally been heavily involved in
recruiting candidates for the MHAB, interviewing all applicants and
then making recommendation to the Internal Operations Committee for
subsequent recommendation to the Board of Supervisors .
The new law substantially liberalizes the composition of what is
now called the Mental Health Board (MHB) by eliminating the
specific professions which must be represented. However, the law
requires that:
"Fifty percent of the board membership shall be consumers
or the parents, spouse, sibling, or adult children of
consumers, who are receiving or have received mental
health services. At least 20 percent of the total
membership shall be consumers, and at least 20 percent
shall be families of consumers . "
The name of the new Board is also changed from the Mental Health
Advisory Board to the "Mental Health Board" , although the Board of
Supervisors is allowed to constitute the Board as either an
"advisory board" or "commission" .
The size of the Mental Health Board is also left up to the Board of
Supervisors . While the law specifies that the Board shall consist
of 10 to 15 members, it also indicates that, "Nothing in this
section shall be construed to limit the ability of the governing
body to increase the number of members above 15 . " In addition, the
law requires that, " . . .there shall be an equal number of appointees
by each member of the board of supervisors . " Finally, the law
requires that one member of the Mental Health Board shall be a
member of the Board of Supervisors .
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Putting all of this together, the only practical size for the
Mental Health Board would appear to be 11, 16 , or 21 members, with
2 , 3, or 4 members being nominated by each member of the Board of
Supervisors, plus a member of the Board o.f Supervisors . The Mental
Health Advisory Board has recommended a 16 member Commission.
In addition, counties are encouraged to appoint individuals who
have experience and knowledge of the mental health system.
Finally, the membership of the Mental Health Board should reflect
the ethnic diversity of the client population in the county.
A copy of Welfare & Institutions Code Section 5604, as amended by
Chapter 1374, Statutes of 1992 is attached for your review.
Staff has suggested that our Committee and subsequently the Board
of Supervisors needs to determine the following:
1 . The size of the MHB.
2 . Whether the MHB is to be considered an advisory board or
commission, although it not clear what the State law implies
the difference is between the two.
3 . How seats are to be staggered so as to insure that
approximately 1/3 of the terms expire each year.
4 . How the Board of Supervisors can provide for nominations by
individual Board members, yet insure that the 50% consumers or
parents, spouse, sibling or adult children of consumers of
mental health services is to be controlled. In addition, how
the Board of Supervisors can insure that 20% of the membership
consists of consumers and 20% consists of families of
consumers .
5 . How the transition from the current MHAB to the reconstituted
MHB should be accomplished.
6 . The distribution of consumer and family of consumer seats, and
7 . Whether to limit the total number of years a member can serve
on the MHB.
The above recommendations respond to each of these issues and
related ones which necessarily follow from these issues . We have
tried to provide each Board member with a reasonable amount of
flexibility in determining his or her nominees to the newly
constituted "Mental Health Commission" , which still insuring that
the Commission meets the requirements of the law in terms of
consumer and family of consumer members .
cc: County Administrator
Health Services Director
Lorna Bastian, Acting Mental Health Director
Auditor-Controller
County Counsel
Pat Russell, Secretary to the
Mental Health Advisory Board
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Ch. 1374 STATUTES OF 1992
SEC. 20. Section 5604 of the Welfare and Institutions Code is amended to read:
jj 5604. (a) Each ,community mental health service shall have * * a mental health
board ` * ` consisting of.10 to 15 members, depending on the preference of the county,
appointed Eby the governing body except that boards in counties with a population of less
than 80,000 may.have a"minimum of five members. One member of the ' ` board shall
be a member of the local governing body. ` ` ` There shall.be an"equal number of
appointees by each member of the board of supervisors. Any county with more than five
it!^
�Z supervisors shall have at least the same number of members as the size of-its board of
supervisors. Nothing in this section shall be construed to. limit the ability of the
governing body to increase the number of members above 15. Local. mental health
i boards may recommend appointees to the county supervisors. Counties.are:encouraged
-l; to appoint individuals who have experience and knowledge of the mental health system.
The board membership should reflect the ethnic diversity of the client population in the
Y"ll, county.
(1) * * ' Fifty.percent of the board:membership shall be consumers or the parents,
s ouse,.sibling, or.adult children.of consumers, who are receiving or have received mental
P
health services ` `. At least 20 percent of the total membership''shall be consumers;
and.at least 20 percent shall be families of consumers.
(2) In counties under 80,000 population, at least one member shall be a`* * consumer,
and.at least one member shall.be a parent, spouse, sibling, or adult'child'of'a consumer,
who is receiving or has received mental health services. The board may be established as
an advisory board or a commission, depending.on the preference of-the county:
b) The term of each member of the board shall be. for.three, years., The.
governing body.shall equitably stagger the appointments so that approximately one-third
of the appointments ` ` expire in each year
(c) If. two or more local agencies jointly establisha, community mental.health service
+�: ! under Article 1 (commencing with Section 6500) of Chapter 5 of.Division 7:of Title 1 of the
Government Code, the:`. ' '.mental health board for the community:mental health service
shall consist.of an.additional two members for each additional agency;.one;of whom shall
be a ` .* * consumer or.a parent, spouse, sibling, or adult.child of,.a:consumer who has
received mental health services..
(d) No member of the * ' ' board or his or her spouse shall be a.full-time,or part-time
! county employee of a county mental health service, an employee of the State Department
of Mental Health; or an employee of ora aid member of the governing body. of a
, P g g Y ,
Bronzan-McCorquodale contract agency.
i, (e) Members of the advisory board shall abstain from voting on any issue in'which the
!: member has a financial interest as defined in Section 87103 of the Government Code.
(f) If it is not possible to secure membership as specified from among persons who
±' reside in the county, the governing body may substitute representatives of the public
!; interest in mental health who are not full-time or part-time employees of the county
mental health service, the State Department of Mental Health, or on the'staff of, or a paid
! member of the governing body of, a Bronzan-McCorquodale contract agency.
* * *
SEC. 21. Section 5604.1 of the Welfare and Institutions Code is amended to read:
5604.1. * * Local mental health advisory boards shall be subject to the provisions of
Chapter 9 (commencing with Section 54950) of Part 1 of. Division 2' of Title 5 of the
,! Government Code relating to meetings of local
, g g agencies.
SEC. 22. Section 5604.2 of the Welfare and Institutions Code is amended to read:
�;;;;: 5604.2. (a) The local mental health * * * board shall do all of.the following:
�'. (1) Review and evaluate the community's mental health needs,services, facilities, and
' special problems.
i-
1. (2) Review any county agreements entered into pursuant to Section 5650.
1991-1992 REGULAR SESSION Ch. 1374
(3) Advise the governing body and the local mental health director as to any aspect of
the local mental health program.
(4) Review and approve the procedures used to ensure citizen and professional involve-
ment at all stages of the planning process.
(5) Submit an annual report to the governing body on the needs and performance of the
county's mental health systema
(6) Review and make recommendations * * on applicants for the appointment of a
local director of mental health services. The board shall be included in the selection
' process prior to-the vote of the governing body.
j (7) Review and comment on'the county's performance outcome data and communicate
its findings to the State Mental Health Commission.
(8) Nothing in this part shall be construed to limit the ability of the governing body to
transfer additional duties or authority to a mental health board.
(b) (1) It is the intent of the Legislature .that, as part of its duties pursuant to
subdivision (a), the board shall assess the impact-of the realignment of services from the
t state to :the county, on services delivere&to clients and on the'local community.,
t SEC. 23. Section 5604.3 of. the..Welfare and Institutions Code is amended to.read:
5604.3. ' ' ` The board of supervisors; may pay from any available funds the actual .
and necessary expenses of the members of:the..* .' * mental health board of a.community
mental health service incurred.incident.to. the. performance of their official duties and
functions. The expenses may include.travel, lodging, child care, and meals for the
members of an advisory board:while on.official business as approved by the director of
1 the local mental health program.
f . .
SEC. 24. Section.5604.5 "of. the.,Welfare and Institutions Code is amended to read:
................ .. _...
5604.5. ' ' * The'local mental health ':.' .* board shall develop bylaws to.be approved
1 by the governing body which shall:
La) Establish the specific number of.members on the mental health ' ' * board
consistent with subdivision (a) of.Section 5604. .:
e b) .Ensure that the composition- of the. mental health- * ' board represents the
t demographics of the county as.a:whole, to the extent.feasible.
a (c) Establish that a quorum be one person more than one-half of the appointed
members.
e (d) Establish that the chairperson of.the mental health ' ' ' board be in consultation
with the local mental health'director.
(e) Establish that there may be an executive committee of the mental health
ic
board : .
a
SEC. 25. Section 5605 of.the.Welfare.and Institutions.Code is repealed.
SEC. 26. Section 5605.1 of the Welfare and Institutions Code is repealed.
i SEC. 27. Section 5605.2 of the Welfare and Institutions Code is repealed.
A SEC. 28. Section 5605.4 of the Welfare and Institutions Code is repealed.
1e SEC. 29. Section 5610 of the Welfare. and Institutions Code is amended to read:
5610. (a) Each county mental health system shall comply with reporting requirements
developed by the State Department of Mental Health which shall be uniform and
d: simplified. The department shall review existing data requirements to eliminate unneces-
sary requirements and consolidate,requirements which are necessary. These require-
ments shall provide comparability between counties in reports.
(b) The department shall develop, in consultation with the Performance Outcome
Committee pursuant to Section 5611, and with the Health and Welfare Agency, uniform
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