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HomeMy WebLinkAboutAgenda - 04-07-2009 - 4cGRANGE G~]UNTY BOARD 4F COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April ?, 2409 Action Agenda IternNo. ~~~ SUBJECT: Resalufiion Prescribin Counfi Appoinfiments fio the OPC Area Aufihorifi Board DEPA~iTMENT: County Manager's Cfi"ice PUBLIC HEARING: ~YIN~ No ~ATTACHMENT~S~~ INFC~RMATIDN CGNTACT Proposed Resolution Gwen Harvey, Asst Co. Mgr, 245 -234? Judy Truififi, CPCILME Director, 9~ 3403? PURPOSE: To present for BCGG approval a proposed resolution that prescribes the manner in which the members of the Area Authority Board of fihe Crange~Persan~Chatham Mental Health, Developmental Disabilities and Substance Abuse Authority shall be appointed. BACKGROUND. Noah Caraiina General Stafiutes provide ~NCGS ~ 22C-~ ~ S. ~ ~a}: "Except as otherwise provided, in areas consisting of more fihan one county, each board of county commissioners within the area shall appoint one commissioner as a member of the area board. These members shah appoinfi the other members. The boards of county commissioners within the muifii~count area shall have the option fio appoint the members of the area board in a Y runner other fihan as required under this section by adopting a resolution to that effecfi". The OPC Area Board discussed the appointments process in late 2046 and early 200? and the three Commissioner-representatives Moses Carey, Grange; Tom Vanderbeck, Chafiham; Jimmy Clayton, Persons indicated they believed the intenfiion had always been fiheir full Board would participate in the appointment of their community residents to the mental health area board. The fihree Commissioners supported this position and believed it comported to actual informal practice over the years. The GPC Board then approved appropriafie revisions fio its by- laws to reflect this understanding and practice. The purpose of fihe action before the BCCC at this time, as recommended by CPC Management, is for the BCCC to adopt a proposed resolution to fully recognize "codification" of this manner of community resident appointments. The proposed resolution as prepared by CPC legal counsel is afifiached. Resolutions to this effect have also been presented by CPC management to the Chafiham County and Person County Boards of Commissioners. FINANCIAL IMPACT: There is no financial impact associafied with adopting the proposed resolution. REG~]MMENDATION~S~: The Manager recommends the Board adopt the proposed resolution prescribing how Crange County appointments are made to the CPC Area Authority Board a r RES4LUTIDN QF THE BaARD; aF CDMMISSIaNERS DF Drange COUNTY, NORTH CARQLINA WHEREAS, N.C.G.S. ~122C~-1.8.1 grants Boards of County Commissioners who participate in multi county area mental health, developmental disabilities and substance abuse authorities the opt~.on to appoint members of the Area Authority Board in a manner other than that prescribed by N.C.G.S. ~122C--118.1 by adopting a resolution to that effect; and ' WHEREAS, the Boards of Commissioners of Drange County, Person County and Chatham County have historically appointed the members of the Area Authority Board of Drange-Person-Chatham Mental Health, Developmental Disabilities and Substance Abuse Authority in a manner other than that prescribed by N.C.C.S. §12~C-118.1; and WHEREAS, the Boards of Commissioners of Orange County, Person County and Chatham County each desire to continue to appoint the members of the Area Authority Board of orange-~Persan~-Chatham Mental Health, Developmental Disabilities and'Substance Abuse Authority in the same manner as they have historically; NQW, THEREFORE, the Board of Commissioners of orange County by adopting this resolution hereby establishes the manner in which the members of the Area Authority Board of orange-~Person~Chatham Mental Healthy Developmental Disabilities and Substance Abuse Authority shall be appointed as follows: .~ Each Board of County Commissioners within the catchment area shall appoint one commissioner as a member of the Area Authority Board. • zn addition, Drange County shall appoint one Commissioner and four citizen members; Person County shall appoint one 3 Commissioner and four citizen members; and Chatham County shall appoint one Commissioner and four citizen members. Three at-large seats are available, and their appointment is to be shared among the counties, with one seat reserved for a Consumer and Family Advocacy committee member. ~ The County Commissioners authorized to make appointments to the Area Authority Board shall appoint new members to the Board to fill vacancies occurring on the Area Authority Board prior to the. expiration of an appointed term of office. such appointments shall be far the remainder of the unexpired term of office. • Appointments to the Area Authority Board shall be made by the. requisite Board of County Commissioners before the end of the term of the vacated seat or within 90 days of the vacancy, whichever occurs first. .o Appointments shall take into account sufficient citizen participation, representation of disability groups and equitable representation of participating counties. ' ~ The Area Authority Board shall consist of na fewer than l1 and na more than ~5 members. Not more than fifty percent ~5D ~~ of the members of the Area Authority Board shall represent the following. ~1} 'A~ physician licensed under Chapter 9D of the General statutes to practice medicine in North Carolina,who, when possible, is certified as having completed a residency in psychiatry. ~2y A clinical professional from the fields of mental health, developmental disabilities, or substance abuse. ~~ ~3y At least one family member or individual from a citizens.' organization composed primarily of consumers or their family members, representing the interests of individuals: a. With mental illness; b. ~ In recovery from addiction; or ' c. With developmental disabilities. ~4~ ' At least one openly declared consumer: a, With mental illness; b. With developmental disabilities; or c. In recovery from addiction. ~5~ At least one member of CFAC. ~~~ Twa individuals with financial expertise. ~7~ An individual with expertise in management or business. ~8~ An individual representing the interest of children. ~ The Boards of County Commissioners may elect to appoint a member of the Area Authority Board to fill concurrently na mare than two categories of membership if the member has the qualifications or attributes of the two categories of membership. _Z~ ~ 'The terms of County Commissioners on the Area Authority Board are concurrent with their terms as County Commissioners. The terms of the other members on the Board shall be for three years. ~ Members shall not be appointed for more than two consecutive terms . p All Area Authority Board members shall be residents of either orange, Person, or Chatham Counties. ~f any Area Authority Board member moves legal residence from the member's appointing county, membership shall be automatically terminated. ~ Na member of the Area Authority Board may be a close relative [as defined by State laws of any staff members of the orange-Persan~- Chatham Mental Health, Developmental D~.sabilities and substance Abuse Authority. ~ No employees consultant or person otherwise employed by orange~- Person-Chatham Area Mental Health, Developmental Disabilities and substance Abuse Authority shall be eligible for Area Authority Board membership. • No individual that contracts with the Cran,ge~-Person~-Chatham Area Mental Health, Developmental Disabilities and substance Abuse Authority for the delivery of mental health, developmental disabilities andlar substance abuse services may serve an the Area Board far the period during which the contract for services is in effect. This resolution having submitted to a vote received the following vote and was duly adopted by Drange County this day of 2~og. Ayes Noes ~- 3 -- P~-~l~~by=~~ RESOLUTION OF THE BOARDS OF COMMISSIONERS OF Orange COUNTY, NORTH CAROLINA WHEREAS, N.C.G.S. §122C-118.1 grants Boards of County Commissioners who participate in multi-county area mental health, developmental disabilities and substance abuse authorities the option to appoint members of the Area Authority Board in a manner other than that prescribed by N.C.G.S. §122C-118.1 by adopting a resolution to that effect; and WHEREAS, the Boards of Commissioners of Orange County, Person County and Chatham County have historically appointed the members of the Area Authority Board of Orange-Person-Chatham Mental Health, Developmental Disabilities and Substance Abuse Authority in a manner other than that prescribed by N.C.G.S. §12X- 118.1; and WHEREAS, the Boards of Commissioners of Orange County, Person County and Chatham County each desire to continue to appoint the members of the Area Authority Board of Orange-Person-Chatham Mental Health, Developmental Disabilities and Substance Abuse Authority in the same manner as they have historically; NOW, THEREFORE, the Board of Commissioners of Orange County by adopting this resolution hereby establishes the manner in which the members of the Area Authority Board of Orange-Person-Chatham Mental Health, Developmental Disabilities and Substance Abuse Authority shall be appointed as follows: • Each Board of County Commissioners within the catchment area shall appoint one commissioner as a member of the Area Authority Board. • In addition, Orange County shall appoint four citizen members; Person County shall appoint four citizen members; and Chatham County shall appoint four citizen members. In addition, three at-large seats are available, and their appointment is to be shared among the counties. Finally, there will be one additional at-large seat reserved for a Consumer and Family Advocacy committee member. Total membership for OPC Area Board will be 19 members. • The County Commissioners authorized to make appointments to the Area Authority Board shall appoint new members to the Board to fill vacancies occurring on the Area Authority Board prior to the expiration of an appointed term of office. Such appointments shall be for the remainder of the unexpired term of office. • Appointments to the Area Authority Board shall be made by the requisite Board of County Commissioners before the end of the term of the vacated seat or within 90 days of the vacancy, whichever occurs first. • Appointments shall take into account sufficient citizen participation, representation of disability groups and equitable representation of participating counties. The Area Authority Board shall consist of no fewer than 11 and no more than 25 members. Not more than fifty percent (50%) of the members of the Area Authority Board shall represent the following: (1) A physician licensed under Chapter 90 of the General Statutes to practice medicine in North Carolina who, when possible, is certified as having completed a residency in psychiatry. (2) A clinical professional from the fields of mental health, developmental disabilities, or substance abuse. (3) At least one family member or individual from a citizens' organization composed primarily of consumers or their family members, representing the interests of individuals: a. With mental illness; b. In recovery from addiction; or c. With developmental disabilities. (4) At least one openly declared consumer: a. With mental illness; b. With developmental disabilities; or c. In recovery from addiction. (5) At least one member of CFAC. (6) Two individuals with financial expertise. (7) An individual with expertise in management or business. (8) An individual representing the interest of children. The Boards of County Commissioners may elect to appoint a member of the Area Authority Board to fill concurrently no more than two categories of membership if the member has the qualifications or attributes of the two categories of membership. -2- • The terms of County Commissioners on the Area Authority Board are concurrent with their terms as County Commissioners. The terms of the other members on the Board shall be for three years. • Members shall not be appointed for more than two consecutive terms. • All Area Authority Board members shall be residents of either Orange, Person, or Chatham Counties. If any Area Authority Board member moves legal residence from the member's appointing county, membership shall be automatically terminated. • No member of the Area Authority Board may be a close relative [as defined by State law] of any staff members of the Orange-Person-Chatham Mental Health, Developmental Disabilities and Substance Abuse Authority. • No employee, consultant or person otherwise employed by Orange-Person- Chatham Area Mental Health, Developmental Disabilities and Substance Abuse Authority shall be eligible for Area Authority Board membership. • No individual that contracts with the Orange-Person-Chatham Area Mental Health, Developmental Disabilities and Substance Abuse Authority for the delivery of mental health, developmental disabilities and/or substance abuse services may serve on the Area Board for the period during which the contract for services is in effect. This resolution having submitted to a vote received the following vote and was duly adopted by Orange County this ~,_ day of , 2009. Ayes Noes - -3- v{, ~~,~, °ag.~ ~ k~ S