File #: 10-888    Name:
Type: Minutes Status: Passed
File created: 7/27/2010 In control: Board of Supervisors
On agenda: 7/27/2010 Final action: 7/27/2010
Title: Accept and approve the By-Laws of the Monterey County Mental Health Commission as amended. Accept and approve the By-Laws of the Monterey County Mental Health Commission as amended.
Attachments: 1. Completed Board Order, 2. Signed Board Report, 3. Monterey County Mental Health Commission By-Laws

 

 

 

 

 

 

COMPLETED BOARD ORDER�"��45

Before the Board of Supervisors in and for the

County of Monterey, State of California

Accept and approve the By-Laws of the Monterey

County Mental Health Commission as amended.

Upon motion of Supervisor Potter, seconded by Supervisor Armenta, and carried by those

members present, the Board hereby:

Accepted and approved the By-Laws of the Monterey County Mental Health Commission as

amended.

PASSED AND ADOPTED this 27th day of July, 2010, by the following vote, to wit:

AYES: Supervisors Armenta, Calcagno, Salinas, Parker, Potter

NOES: None

ABSENT: None

I, Gail T. Borkowski, Clerk of the Board of Supervisors of the County of Monterey, State of California, hereby

certify that the foregoing is a true copy of an original order of said Board of Supervisors duly made and entered in

the minutes thereof of Minute Book 75 for the meeting on July 27, 2010.

Dated: July 28, 2010 Gail T. Borkowski, Clerk of the Board of Supervisors

County of Monterey, State of California

Deputy

 

 

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SIGNED BOARD REPORTX��"��MONTEREY COUNTY BOARD OF SUPERVISORS

MEETING: July 27, 2009  Consent AGENDA NO.:

SUBJECT: Accept and approve the By-Laws of the Monterey County Mental Health

Commission as amended.

DEPARTMENT: Health  Behavioral Health Bureau

RECOMMENDATION

Accept and approve the By-Laws of the Monterey County Mental Health Commission as

amended.

SUMMARY/DISCUSSION

The California Welfare and Institutions Code Section 5604(a)(1) requires each county to have

a Mental Health Board or Commission. Monterey County Board of Supervisors Resolution

Nos. 80-12, 86-76 and 93-271 established the Monterey County Mental Health Commission

Commission"). The Mental Health Commission members consider communication between

mental health and law enforcement as an essential element to public safety in Monterey

County. At its June 24, 2010 meeting, the Commission voted unanimously to submit the

following amendment to its By-Laws to the Board of Supervisors for approval: Under Article

2, Composition, Section 2.01, the number of members to be appointed by the Board of

Supervisors is proposed to be increased by one, plus one member of the Board of Supervisors,

for a amended total of 17 members. The proposed additional member to be appointed by the

Board of Supervisors would be a Chief law enforcement officer with a local law enforcement

agency from within the boundaries of Monterey County. As required in Article 10, Section

10.02, amendments to the By-Laws become effective immediately upon approval by the Board

of Supervisors.

OTHER AGENCY INVOLVEMENT

The Monterey County Health Department's Behavioral Health Bureau provides staff support to

the Mental Health Commission. The Behavioral Health Director addresses key issues affecting

the County's mental health system at each meeting. The proposed amendment to the By-Laws

has been approved as to form by County Counsel. The By-Laws are on file with the Clerk to

the Board.

FINANCING

There is no impact to the budget by approving this proposed amendment to the Monterey

County Mental Health Commission By-Laws.

Prepared by:

Alica Hendricks, 796-1295

Management Analyst III

a,h�

Date

cc: Charles J. McKee, County Counsel

a

U~&cC l

bert C. Egneww/

nterim Director of Health

 

 

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MONTEREY COUNTY MENTAL HEALTH��                     MONTEREY COUNTY

MENTAL HEALTH COMMISSION

BY-LAWS

ARTICLE I Name, Purpose, Powers, and Authority

Section 1.01 Name

The Monterey County Mental Health Commission has been established as the local mental

health board for Monterey County pursuant to Welfare and Institutions Code Section 5604 by

Resolutions Nos. 80-12 and 86-76 of the Board of Supervisors of Monterey County.

Section 1.02 Purpose, Powers, and Authority

Per Welfare and Institutions Code Section 5604.2:

a) The local mental health board shall do all the following:

1) Review and evaluate the community's mental health needs, services, facilities

and special problems;

2) Review any County agreements entered into pursuant to Welfare and Institutions

Code Section 5650;

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

involvement 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 system;

6) Review and make recommendations on applicants for the appointment of the

local director of mental health services. The Commission shall be included in the

selection process prior to the vote of the governing body;

7) Review and comment on the County's performance outcome data and

communicate its findings to the California Mental Health Planning Council;

8) Nothing in this part shall be construed to limit the ability of the governing body to

transfer additional duties or authority to the Mental Health Commission.

b) Assessment of Realignment:

1) It is the intent of the Legislature that, as part of the duties pursuant to subdivision

a), the Commission shall assess the impact of the realignment of services from

the State to the County on services delivered to clients and on the local

community.

Section 1.03 Mental Health Commission Member Job Description

 

 

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MONTEREY COUNTY MENTAL HEALTH��                     The job of a Mental Health Commission member is to:

a) Function as an active and responsible member of the Mental Health Commission and

attend all Mental Health Commission meetings;

b) Participate in the deliberations and decisions of the Mental Health Commission;

c) Assume such responsibilities and undertake such actions as may be required by law, by

the Articles and By-Laws of the Mental Health Commission, and/or by specific Mental

Health Commission decisions and assignments specified in Section 5604 a)-(f) of the

Welfare and Institutions Code;

d) Accept responsibility for making informed decisions and policies by requesting accurate

information, asking questions, probing, analyzing and, finally, supporting publicly the

decisions made collaboratively;

e) Act as a client/community advocate for local mental health services;

f)

Act as an official representative of the Mental Health Commission only with the formal

sanction of the Commission;

g) Serve on at least one subcommittee or task force and attend the subcommittee or task

force meetings, committing a minimum of 10 hours per month to Mental Health

Commission activities;

h) Bring concerns regarding the Commission's functioning to Mental Health Commission

meetings where they can be dealt with openly and productively;

i) Work collaboratively within the defined structure of the Mental Health Commission and

with local mental health staff to improve the delivery of mental health services in

accordance with direction provided by the Monterey County Board of Supervisors.

ARTICLE 2 Composition

Section 2.01 The Mental Health Commission shall consist of 16 individuals plus one

member of the Board of Supervisors for a total of 17 members appointed by the Board of

Supervisors.

a) At least 50% of the membership shall be consumers or the parents, spouses, siblings,

or adult children of consumers, who are receiving or have received mental health

services. At least 20% of the total membership shall be consumers, and at least 20%

shall be family members of consumers;

b) The remaining members shall be selected from individuals who have experience or

knowledge of the mental health system;

c) The Board of Supervisors, in consultation with the Mental Health Commission, may

appoint up to one member who is a Chief law enforcement officer with a local law

enforcement agency from within the geographic boundaries of Monterey County. In

making recommendations to the Board of Supervisors for appointment of the local law

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MONTEREY COUNTY MENTAL HEALTH��                     enforcement agency member, the Mental Health Commission may consider the

recommendation of the Monterey County Police Chiefs Association. Appointment of the

local law enforcement agency member shall be in accordance with the provisions of this

Article regarding the composition of the Mental Health Commission and as required by

law. The local law enforcement agency member shall be a voting member of the Mental

Health Commission;

d) The Board of Supervisors may appoint up to five associate members between the ages

of 15 and 18 years to bring the perspectives of youth to the Mental Health Commission.

These associates will have no voting privileges but will have the right to participate in all

other matters of the board, with the exception of training conducted in areas outside the

county. The members of this class serve a term of one year. Terms will expire on

December 31 of each year;

e) The Mental Health Commission will also consist of Non-Voting Commission Members

Non-Voting Members"), with no more than one member from each supervisorial

district. Interested community members shall be considered for appointment as Non-

Voting Members whenever there are no current vacancies on the Commission. The

process for appointment of Non-Voting Members shall be the same as for Commission

members. Non-Voting Members' job description shall be the same as Commission

members, as described in Section 1.03 above. Non-Voting Members shall be allowed to

sit with the Commission and participate in discussions of agenda items, but shall not be

allowed to move, second, or vote on any matter coming before the Commission or any

committee of the Commission. A Non-Voting Member may not be elected as an officer

of the Commission. Non-Voting Members shall not be counted for purposes of

establishing a quorum. Non-Voting Members shall observe all rules, regulations and

policies applicable to Commissioners.

Section 2.02 The Mental Health Commission shall make every effort to ensure that the

composition of the Mental Health Commission represents the demographics of the County

as a whole. When a Commission member resigns or is not reappointed, the Mental Health

Commission shall remind the appointing power of Section 5604.5(b) of the Welfare and

Institutions Code which states that the Mental Health Commission By-Laws shall, Ensure

that the composition of the mental health board represents the demographics of the county

as a whole, to the extent feasible," and Welfare and Institutions Code Section 5604(a)

which states that, The board membership should reflect the ethnic diversity of the client

population in the county."

Section 2.03 Consistent with Welfare and Institutions Code Section 5604(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, or a paid member of, the governing body of a Bronzan-McCorquodale

contract agency," and Section 5604(e), Members of the 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."

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MONTEREY COUNTY MENTAL HEALTH��                     Section 2.04 The Mental Health Commission, consistent with Welfare and Institutions

Code 5604(a), may recommend appointees to the County Supervisors." Under the same

section, 5604(a), Counties are encouraged to appoint individuals who have experience

and knowledge of the mental health system."

Section 2.05 Members of the Mental Health Commission shall receive no compensation

for their services.

ARTICLE 3 Terms of Office Vacancies and Replacements)

Section 3.01 Terms of Office

The term of each member of the Mental Health Commission shall be three years. The

terms of the members shall be staggered so that the terms of five members appointed by

the individual Supervisors expire each year. The terms shall run from June 1 of the year of

appointment until May 31 three years later.

Section 3.01 Vacancies and Replacements

a) A vacancy shall exist when the Mental Health Commission declares that a vacancy

exists based on the occurrence of any of the following:

1) When a member submits a written resignation to the Mental Health Commission

Chairperson and the appointing Supervisor accepts the resignation in writing;

2) When a member fails to attend two consecutive regular meetings or three regular

meetings in any one calendar year, unless a leave of absence has been

approved for that member. Exclusion to this would be if the regular meeting date

has been changed;

3) When a member's death, disability, or any other circumstance prevents him/her

from completing a term;

4) When a member no longer resides in the County, or otherwise does not meet the

qualifications of appointment.

b) Upon majority recommendation of the Mental Health Commission, any member may

be removed from office by a majority vote of the Board of Supervisors favoring such

removal.

c) When a prospective vacancy is imminent, or when a member resigns, the Mental

Health Commission Chairperson shall forthwith notify the Board of Supervisors in writing.

Section 3.03 Leave of Absence

A member has the right to request a leave of absence" from the Mental Health

Commission that involves more than two consecutive absences or three absences in a

calendar year. Requests for a leave of absence shall be submitted in writing to the

Chairperson who will submit the request to the Mental Health Commission at it s next

regularly scheduled meeting. Majority recommendation of the Mental Health Commission

will be communicated to the appointing Supervisor who will make the final decision. Factors

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MONTEREY COUNTY MENTAL HEALTH��                     taken into account by the Mental Health Commission in reviewing a request for leave of

absence will include the number of vacancies on the Mental Health Commission at that

time and the requesting member's past history of attendance. A leave of absence will only

be considered by the Mental Health Commission if the reason for the leave is due to an

emergency, extraordinary or extenuating circumstance and the member is able to offer a

definite date of return to Mental Health Commission business.

The Mental Health Commission may grant a Consumer Commissioner a leave of absence

not to exceed one year. The leave of absence removes the consumer from the number of

Commissioners required for a quorum. To grant such a leave, the Chairperson shall

announce it at a Mental Health Commission meeting and notify the appointing Supervisor.

The leave of absence will become effective at the meeting at which it is announced. The

leave of absence waives the limitation of other types of absences stated in this article. If the

Commissioner's term expires during a leave of absence, the Commissioner must reapply

for membership to the Mental Health Commission.

ARTICLE 4 Meetings

Section 4.01 The Mental Health Commission shall meet a minimum of ten times a year.

The meetings shall be held during the last week of each calendar month at 5:00 p.m. The

meeting place shall be moved around the County, at various sites in different parts of the

County. Meeting sites shall be determined at the last meeting of the calendar year, and

subsequent Public Notice of the yearly calendar shall be made thereafter.

Any amendment to the time and place of the regularly scheduled meetings of the Mental

Health Commission shall be determined by a majority vote of the Mental Health

Commission. All Mental Health Commission meetings shall be held at locations freely

accessible to the public and shall, as much as possible, be accessible to any physically

handicapped person.

Section 4.02 The agenda of the meetings of the Mental Health Commission shall be

posted in a place available to the public at least 72 hours prior to the meeting. The agenda

shall contain a brief general description of each item of business to be transacted or

discussed, and no action is to be taken on non-agenda items unless:

a) By a majority vote a determination is made that an emergency situation exists

emergency situation means work stoppage or other activity which severely impairs

health, safety or both, or a crippling disaster which severely impairs public health, safety

or both);

b) By a determination of two thirds of the members, or if less than two thirds of the

members are present, then by a unanimous vote of the members present, that the need

to take action arose subsequent to the agenda being posted;

c) By the item being continued from a prior meeting held less than five days previously, at

which time the item was posted.

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MONTEREY COUNTY MENTAL HEALTH��                     Section 4.03 Every agenda shall provide an opportunity for members of the public to

directly address the Mental Health Commission on items of interest to the public that are

within the subject matter jurisdiction of the Mental Health Commission. The Mental Health

Commission may make reasonable rules and regulations limiting the time allocated for

public testimony on issues and for each individual speaker.

Section 4.04 A special meeting may be called, consistent with the Brown Act, at any time

by either the Chairperson of the Mental Health Commission or a majority of its members.

This shall be done by delivering personally, or by mail, written notice to each member and

each local newspaper, radio, or TV station which requests written notice. That notice must

be received at least 24 hours prior to the meeting. The notice shall include the time and

place of the meeting and the business to be transacted. No other business shall be

considered at these meetings. In the case of an emergency situation, the Mental Health

Commission may hold an emergency meeting without compliance within the 24-hour notice

requirement. The Mental Health Commission must, however, attempt to notify by

telephone, at least one hour prior to the start of the meeting, any media that has requested

notice of special meetings.

Section 4.05 No executive session or any meeting excluding the public may be held

without first advising County Counsel of the specific purpose or purposes of such meetings

and receiving written advice from County Counsel that it is legal to hold such a session or

meeting. County Counsel will use his/her discretion as to whether he/she will be

represented at any executive sessions held by the Mental Health Commission.

Section 4.06 Mental Health Commission action may be taken by a majority of those

present and voting and by no less than a majority of a quorum. A roll call vote shall be

taken when requested by any member in attendance.

Section 4.07 A quorum shall be defined as one person more than one-half of the

appointed members. The definition of appointed members excludes

unfilled positions and those vacated by resignation or removal. A quorum must be present

for any Mental Health Commission action.

ARTICLE 5 Officers

Section 5.01 Mental Health Commission Executive Committee

The Mental Health Commission Executive Committee shall be comprised of the officers of

the Mental Health Commission.

Section 5.02 Officers

a) The officers of the Mental Health Commission shall be Chairperson, Chairperson-Elect,

Past Chairperson, and Committee Chairpersons;

b) Officers shall be elected during the first meeting of the calendar year. Officers shall

serve for one year and may run for re-election at the annual election;

c) All members of the Mental Health Commission shall be eligible to be elected officers of

the Mental Health Commission.

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MONTEREY COUNTY MENTAL HEALTH��                     Section 5.03 Duties of the Chairperson

a) The Chairperson shall be the Chief Executive Officer of the Mental Health Commission

and preside at all general membership and Executive Committee meetings;

b) The Chairperson shall establish the agenda for Mental Health Commission meetings;

c) The Chairperson is the official spokesperson for the Mental Health Commission at the

direction of the Executive Committee;

d) The Chairperson shall be in consultation with the local mental health director;

e) The Chairperson shall appoint standing committees and act as an ex-officio member of

each of these committees, with confirmation of the Executive Committee;

f) The Chairperson shall have the authority to appoint all appointive positions, committees

and committee members not otherwise provided for, and may call on any general

member of the Executive Committee for assistance in the implementation of the duties

assigned to the Executive Committee, or the general membership of the Mental Health

Commission;

g) The Chairperson shall sign all official documents approved by the Executive Committee

for the Mental Health Commission or delegate such responsibility as necessary with

staff, and shall initiate and pursue communication with members and outside

individuals, organizations, agencies or other entities, as may be required;

h) The Chairperson is ultimately responsible for the production of, and submission to, the

Monterey County Board of Supervisors and the County Administrative Officer, by July

30 of each year, six copies of a short, concise, fiscal year annual report which shall

contain a summary of the Mental Health Commission's preceding years' activities and

projects, a list of individual Mental Health Commission members and their

responsibilities with the Mental Health Commission, and any other information

requested by the Board of Supervisors.

i) The Chairperson shall attend the State wide annual meeting of the California

Association of Local Mental Health Boards. If the Chairperson is unable to attend the

aforementioned meeting, the Chairperson shall appoint another member of the

Executive Committee to attend said meeting.

Section 5.04 Duties of the Chairperson-Elect

The Chairperson-Elect assists the Chairperson as requested by the Chairperson and, in the

absence, disability, or resignation of the Chairperson, functions as the Chairperson until the

next election.

Section 5.05 Duties of the Past Chairperson

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MONTEREY COUNTY MENTAL HEALTH��                     The Past Chairperson assists the Chairperson as requested by the Chairperson, and in the

absence, disability, or resignation of the Chairperson-Elect, functions as the Chairperson-

Elect until the next election.

Section 5.06 Duties of Committee Chairpersons

a) The Committee Chairpersons shall be responsible for their respective standing and/or

special committee assignments being met as outlined in the Mental Health Commission

Goals and Objectives.

Section 5.07 Duties of the Executive Committee

a) The Executive Committee is responsible for reviewing and approving the membership of

committees required by these By-Laws;

b) The Executive Committee is responsible for interpretation, implementation, and

enforcement of the By-Laws; sets policies in accordance with the By-Laws, and

recommends policies to the Mental Health Commission for approval;

c) The Executive Committee shall conduct business only when the members are present;

d) The Executive Committee shall, in conjunction with the Chairperson, be responsible for

the production of an annual report to be submitted to the Board of Supervisors and the

Chief Executive Officer of the County of Monterey by June 30 of each year.

ARTICLE 6 Standing Committees and Special Committees

Section 6.01 Standing Committees shall be designated by the Chairperson with the

approval of the Mental Health Commission.

Section 6.02 Special and ad-hoc committees may be appointed by the Chairperson as

required to further the goals of the Mental Health Commission. These committees shall

serve at the discretion of the Chairperson and confirmation of the Executive Committee.

Section 6.03 Members of standing and special committees need not be Mental Health

Commission members, except that the Mental Health Commission Chairperson shall

designate Mental Health Commission members to serve on said committees.

Section 6.04 The standing and special committees shall be authorized to help carry out

the duties and functions of the Mental Health Commission. The actions and

recommendations of these committees shall not be deemed the action of the Mental Health

Commission and shall in no way bind the Mental Health Commission and its members.

The establishment and dissolution of all such committees not represented in the By-Laws

shall be reported to the Board of Supervisors in the Mental Health Commission minutes.

ARTICLE 7 Administrative Secretary

Section 7.01 The Director of Behavioral Health shall designate an employee of

the Behavioral Health Division as his/her representative to be the Administrative Secretary.

Section 7.02 The Administrative Secretary shall:

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MONTEREY COUNTY MENTAL HEALTH��                                          a) Be responsible for final presentation of the minutes to the Mental Health Commission,

the Board of Supervisors, and the County Administrative Officer;

b) Cause to be kept, a full and true record of all meetings of the Mental Health

Commission;

c) Cause to be issued notices of regular and special meetings of the Mental Health

Commission;

d) Maintain a record of attendance of Mental Health Commission members.

ARTICLE 8 Expenses

Section 8.01 The members of the Mental Health Commission shall be entitled to

reimbursement for driving to and from Mental Health Commission meetings and reasonable

expenses necessarily incurred to conduct official County business. All such

reimbursements for driving and other expenses must be approved by the Mental Health

Director before such expenses are incurred. Standard rates allowed County personnel

shall be paid for reimbursement.

ARTICLE 9 Rules of Order

Section 9.01 Except when State laws or regulations, County ordinances, County Counsel

ruling, or these By-Laws apply, procedures of the Mental Health Commission shall be

governed by Robert's Rules of Order.

ARTICLE 10 Amendments

Section 10.01 These By-Laws may be amended by majority vote at any meeting called in

accordance with the By-Laws provided notice of the proposed amendment was given, in

advance, with the call for the meeting.

Section 10.02 These By-Laws, and any amendments thereto, shall take effect immediately

upon their approval by the Board of Supervisors.

Original: January 1995

Revised: October 1996

November 1996

November 2004

August 2007

December 2009

July 2010

Approved as tojForm:

By:

Deputy County Counsel

Date:

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