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(a) The Advisory Board shall be limited to twenty-one (21) members.
(b) The Board of Supervisors shall appoint twenty (20) members from the general public, consisting of four (4) members per supervisorial district and the Board of Supervisors will designate a Supervisor for the 21st seat. The supervisorial appointees from each district shall consist of one member each from the following categories:
(1) Mental Health Consumer: an individual who is a consumer of mental health treatment services.
(2) Family Member: parents, spouses, siblings, or adult children of consumers of mental health services.
(3) Substance Use Recovery: an individual in recovery from a substance use disorder and who has been a consumer of services related to their disorder.
(4) Community Member: an individual with experience and knowledge of the behavioral health system and needs in the County, such as an individual who regularly engages with individuals living with mental illness in the course of daily operations, such as representatives of local schools, hospitals, health care providers, law enforcement, or community and nonprofit organizations that work with these populations.
(c) Members should have experience and knowledge of the behavioral health system and should reflect the diversity and demographics of the county as a whole, and the diversity of the client population, to the extent feasible.
(d) The Advisory Board may recommend persons for appointment.
(Added by Ord. No. 10361 (N.S.), effective 1-1-15; amended by Ord. No. 10760 (N.S.), effective 12-16-21)
(a) Each member nominated by each Supervisor shall serve a term of three years.
(b) If a member's term will extend beyond the end of the term of the nominating Supervisor, the member shall remain in the position for the remainder of the member's term unless a new member is nominated for the position by the re-elected or newly-elected Supervisor of the nominating supervisorial district and appointed by the Board of Supervisors.
(c) No member shall serve more than three consecutive terms.
(d) Members shall serve their terms at the pleasure of the appointing Supervisor.
(e) Vacancies shall be filled in accordance with Section 881.5. Vacancies shall be filled for the unexpired term of the member being replaced.
(Added by Ord. No. 10361 (N.S.), effective 1-1-15)
A vacancy shall occur as a result of any of the following events before the expiration of the term:
(a) If a member has three unexcused absences in a calendar year, such member shall be ineligible to remain as an Advisory Board member.
(b) The death of a member;
(c) The resignation of a member.
Any member whose term has expired hereunder may, at the discretion of the Behavioral Health Director and concurrence of the member, continue to discharge the duties as a member until a successor has been appointed hereunder.
(Added by Ord. No. 10361 (N.S.), effective 1-1-15)
(a) Except as provided in paragraph (b), no member of the Advisory Board or the member's spouse shall be a full-time or part-time employee of BHS, an employee of the California Department of Health Care Services, or an employee of, or a paid member of the governing body of a BHS contract agency.
(b) A consumer of mental health services who has obtained employment with an employer described in paragraph (a) and who holds a position in which the consumer does not have any interest, influence, or authority over any financial or contractual matter concerning the employer may be appointed to the Advisory Board. The member shall abstain from voting on any financial or contractual issue concerning the member's employer that may come before the Advisory Board.
(c) No member of the Advisory Board shall be an employee, officer, or serve in an official advisory capacity on either a compensated or non-compensated basis to a program that seeks or possesses a license pursuant to Chapter 9 of the California Health and Safety Code (commencing with Section 11836).
(d) 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 California Government Code.
(Added by Ord. No. 10361 (N.S.), effective 1-1-15; amended by Ord. No. 10760 (N.S.), effective 12-16-21)
Members of the Advisory Board shall disclose to the Clerk of the Board of Supervisors in writing any outside employment or activity engaged in for compensation which relates to their duties or to their functions and responsibilities as an Advisory Board member. No member of the Advisory Board shall make, participate in making or in any way attempt to use her/his position as a member of an advisory board to influence a decision in which she/he knows or has reason to know that she/he has a financial interest, except in those cases where the member is appointed to represent an entity or group having a financial interest in a matter coming within the Advisory Board's area of responsibility.
No person shall be appointed to, or serve on, the Advisory Board who participates in the making of County contracts in which such person is financially interested within the terms of Government Code Section 1090 et seq. This prohibition is not applicable to persons with "remote interests" as defined in subdivision (b) of Government Code section 1091, provided that the person discloses the interest in accordance with subdivision (a) of Government Code section 1091 and the person does not influence or attempt to influence other Advisory Board members to act favorably in respect to the contract in which the person has a remote interest.
(Added by Ord. No. 10361 (N.S.), effective 1-1-15)
The Advisory Board shall have the following duties:
(a) Review the County's Behavioral Health contracts and grants awarded to support services and initiatives administered through the Behavioral Health Services Division including those entered into pursuant to California Welfare and Institutions Code Section 5650;
(b) Review and comment on reports to the Board of Supervisors and other entities as necessary and appropriate regarding the needs and performance of County funded behavioral health programs;
(c) Review and evaluate the community's public mental health needs, services, facilities, and special problems in any facility within the county where mental health evaluations or services are being provided, including, but not limited to, schools, emergency departments, and psychiatric facilities;
(d) Advise the Board of Supervisors and the Director of BHS as to any aspect of the local mental health and substance use programs. The Advisory Board may request assistance from the local patients' rights advocates when reviewing and advising on mental health evaluations or services provided in public facilities with limited access;
(e) Review and approve the procedures used to ensure citizen and professional involvement at all stages of the planning process. Involvement shall include individuals with lived experience of mental illness or substance use disorders and their families, community members, advocacy organizations, and mental health professionals. It shall also include other professionals that interact with individuals living with mental illness or substance use disorders on a daily basis, such as education, emergency services, employment, health care, housing, law enforcement, local business owners, social services, seniors, transportation, and veterans;
(f) Submit an annual report to the Board of Supervisors on the needs and performance of the County behavioral health system;
(g) Review and make recommendations on applicants for the appointment of the Behavioral Health Services Director. The Advisory Board shall be included in the Director's selection process prior to appointment;
(h) Review and comment on County's performance outcome data, as it relates to behavioral health matters, and communicate its findings to the California Behavioral Health Planning Council;
(i) Assess the impact of the realignment of services from the State to the County on behavioral health services delivered to clients and on the local community;
(j) Review the County's plans and outcomes for developing the three-year program and expenditure plan and updates as required by Welfare and Institutions Code section 5848;
(k) Pursuant to Welfare and Institutions Code Section 5848(b): (1) conduct a public hearing on the Mental Health Services Act draft three-year program and expenditure plan and annual updates at the close of the 30-day comment period required by Welfare and Institutions Code Section 5848(a); (2) review the County's adopted plan or update; and (3) if approved by a majority vote of the Advisory Board, make substantive recommendations to BHS for revisions to the plan or update; and
(l) Any other duty assigned by the Board of Supervisors or required by State law.
(Added by Ord. No. 10361 (N.S.), effective 1-1-15; amended by Ord. No. 10760 (N.S.), effective 12-16-21)
Each member has the responsibility to:
(a) Attend all regularly scheduled meetings;
(b) Accurately and timely perform any filing obligations with the Clerk of the Board of Supervisors;
(c) Complete any ethics training required by law in a timely manner;
(d) Know all ordinances, by-laws, and rules governing the Advisory Board that are provided by the Clerk of the Advisory Board;
(e) Understand she/he does not represent the Advisory Board in an individual capacity or in any political activity; and
(f) Expand knowledge of the continuum of behavioral health services and prepare for the meetings in advance by reviewing related materials provided prior to the meetings by the Clerk of the Advisory Board.
(Added by Ord. No. 10361 (N.S.), effective 1-1-15)
(a) Executive Committee. Executive Committee duties are to provide organizational direction on behalf of the Advisory Board and advise the Advisory Board on decisions and business matters. They will consult with the BHS director for agenda setting. At the initial meeting of the Advisory Board, nominations from the floor will be accepted to establish a slate of officers for the Executive Committee. A special meeting will be called in the same month following the initial meeting for the sole purpose of electing officers. For subsequent elections, the Advisory Board bylaws will define the election process.
(b) Sub-Committees. The Advisory Board may appoint subcommittees comprised of Advisory Board members on an as needed basis for the purpose of carrying out the functions and duties of the Advisory Board. Actions and recommendations of subcommittees shall not be deemed actions and recommendations of the Advisory Board and shall not bind the Advisory Board or its members.
(c) Ad Hoc Work Groups. The Advisory Board may form ad hoc work groups on an as needed basis for the purpose of carrying out the functions and duties of the Advisory Board. Any ad hoc work group appointed shall consist of at least one Advisory Board member and may include BHS stakeholders as deemed appropriate and approved by the BHS Director. Actions and recommendations of ad hoc work groups shall not be deemed actions and recommendations of the Advisory Board and shall not bind the Advisory Board or its members.
(Added by Ord. No. 10361 (N.S.), effective 1-1-15)
(a) The Chairperson shall be the principal executive officer and the official spokesperson of the Advisory Board. She/he shall preside over all meetings of the Advisory Board and the Executive Committee and shall carry out the policies of the Advisory Board and the Executive Committee. She/he shall make all committee appointments with the exception of the Nominating Committee; subject to the approval of the Advisory Board, she/he shall be an ex-officio member of all committees (except the Nominating Committee) and shall vote only in the case of a committee tie. She/he shall have the general powers and duties of management usually vested in the office of the Chairperson and the powers and duties as prescribed in the bylaws. The Chairperson of the Advisory Board shall be in consultation with the Behavioral Health Services Director.
(b) The 1st Vice-Chairperson shall do everything necessary to assist the Chairperson in the performance of her/his duties. The 1st Vice-Chairperson shall exercise the powers of the Chairperson when and if the Chairperson is absent. The 1st Vice-Chairperson shall exercise the powers of the Chairperson when and if the Chairperson is absent and be bound by any voting restraints. In the absence of both the Chairperson and 1st Vice-Chairperson, the 2nd Vice-Chairperson shall exercise the powers of the Chairperson and be bound by any voting restraints of the Chairperson.
(c) The Members-at-Large shall do everything necessary to assist the Chairperson in the performance of her/his duties.
(Added by Ord. No. 10361 (N.S.), effective 1-1-15)
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