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There is hereby established the Community Mental Health Service in the City and County, pursuant to the provisions of Sections 9000 to 9058 of the Welfare and Institutions Code of the State of California (the Short-Doyle Act).
(Ord. No. 193-58, Sec. 1; amended by Ord. 337-99, File No. 992043, App. 12/30/99)
The Community Mental Health Service in the City and County shall be administered by the Director of Health for the City and County. The Director shall have the following powers and duties:
(a) Chief Executive Officer. The Director shall serve as chief executive officer of the Community Mental Health Service and shall be responsible to the Board of Supervisors.
(b) General Supervision. The Director shall exercise general supervision over mental health services and facilities furnished, operated or supported as part of the Community Mental Health Service in the City and County.
(c) Recommendations to Board of Supervisors. The Director shall recommend to the Board of Supervisors, after consultation with the Advisory Board, the provisions of services, establishment of facilities, contracting for service or facilities and other matters necessary or desirable to accomplish the purpose of the Community Mental Health Service.
(d) Annual Report. The Director shall submit an annual report to the Board of Supervisors, reporting all activities of the Community Mental Health Services, including a financial accounting of expenditures and a forecast of anticipated needs for the ensuing year.
(e) Studies. The Director shall carry on such studies as may be appropriate for the discharge of duties, including the control and prevention of psychiatric disorders.
(Ord. No. 193-58; Sec. 2; amended by Ord. 337-99, File No. 992043, App. 12/30/99)
(a) There is hereby established a mental health board pursuant to the requirements of California Welfare and Institutions Code Sections 5604 et seq., to be known as the Behavioral Health Commission (“Commission”).
(b) The Commission shall consist of 12 members. The Board of Supervisors shall appoint all members, one of whom shall be a member of the Board of Supervisors.
(c) As required by California Welfare and Institutions Code Section 5604, at least six members of the Commission shall be consumers or the parents, spouses, siblings, or adult children of consumers, with at least three members being consumers and at least three other members being family of consumers. For purposes of this subsection (c), “family of consumer” includes domestic partners and significant others. For purposes of this Section 15.12, a “consumer” is a person who has received mental health and/or substance use services in San Francisco from any program operated or funded by the City, from a State hospital, or from any public or private nonprofit mental health agency. The Board of Supervisors member position shall not count in determining whether the “consumer” and “family of consumer” requirements of this subsection are met.
(d) In addition to the requirements of subsection (c), one member of the Commission shall be a veteran or veteran advocate. For the purposes of this subsection (d), a “veteran advocate” includes a parent, spouse, or adult child of a veteran, or an individual who is part of a veteran organization including but not limited to the Veterans of Foreign Wars or the American Legion. Additionally, one member shall be a child advocate. For purposes of this subsection (d), a “child advocate” includes a family member of a child consumer or consumer advocate for minors who use mental health services. A member may satisfy the requirements of both subsection (c) and this subsection (d) concurrently. The Board of Supervisors member position shall not count in determining whether the requirements of this subsection (d) are met.
(e) In addition to the requirements of subsections (c) and (d), on or after July 1, 2024 two members shall be from the following professions: psychiatry, psychology, mental health social work, nursing with a specialty in mental health, marriage and family counseling, psychiatric technology, or administration of a hospital providing mental health services or of a community mental health facility.
(f) Any positions on the Commission not allocated to specific types of members may be filled by persons with experience and knowledge of the mental health system representing the public interest, which may include, but need not be limited to, people who engage with individuals living with mental illness in the course of daily operations, such as representatives of county offices of education, large and small businesses, hospitals, hospital districts, physicians practicing in emergency departments, city police chiefs, county sheriffs, and community and nonprofit service providers.
(g) The Commission membership shall reflect the ethnic diversity of the client population in the City. The composition of the Commission shall, to the extent feasible, represent the demographics of the City as a whole. Except as provided in subsection(h), no member of the Commission or the member’s spouse shall be a full-time or part-time County employee of a County mental health service, an employee of the State Department of Health Care Services, or an employee of, or a paid member of the governing body of, a mental health contract agency.
(h) A consumer who has obtained employment with an employer described in subsection (g), and who holds a position in which the consumer has no interest, influence, or authority over any financial or contractual matter concerning the employer may be appointed to the Commission. Such a member shall not participate in any matter concerning the member’s employer if prohibited by state or local law.
(i) References in the Administrative Code or any other part of the Municipal Code, or any City ordinance, to the Advisory Board of the Community Mental Health Services, or to the San Francisco Mental Health Board shall be deemed references to the Commission.
The Department shall provide administrative staff to the Behavioral Health Commission with Department employees.
(Added by Ord. 229-20, File No. 200951, App. 11/13/2020, Eff. 12/14/2020)
(a) Except for the Board of Supervisors member, the term of each member of the Behavioral Health Commission (“Commission”) shall be for three years. No member shall serve more than two consecutive full terms. A member shall be deemed to have served a full term only if the member serves at least half of a full term. The clerk of the Commission in consultation with the Clerk of the Board of Supervisors, shall, upon the effective date of the ordinance in Board File No. 231076, change the number of the seats on the Commission, and assign existing Commission members, including members with expired terms serving as holdover appointees, to Seats 2-12 in accordance with the requirements of Section 15.12. Their terms of office shall be aligned with the terms of office extant prior to the effective date of the aforementioned ordinance; with the understanding that holdover appointees shall not thereby acquire any permanent or other special status. The Clerk of the Board of Supervisors shall equitably stagger the appointments so that approximately one-third of the appointments expire in each year, as required by California Welfare and Institutions Code Section 5604(c). Seats occupied by holdover appointees shall expire June 30, 2024. New appointments made to Commission Seats 2-12 following the effective date of the aforementioned ordinance shall be made in accordance with Section 15.12. The Board of Supervisors member shall be appointed to Seat 1.
(b) A member shall be removed from office if the member is absent for four meetings in one 12-month period, unless the Commission grants that person a leave of absence. The Commission may grant leaves of absence for one or more meetings. Upon determining that a member has been absent for four meetings in a 12-month period and that no leave of absence had been granted for these meetings, the Commission shall provide written notification to the Board of Supervisors. Upon receipt of the notification, the position shall be deemed vacant.
(c) The Commission may recommend to the Board of Supervisors that a member be removed from the Commission on the grounds that the member’s conduct is seriously disruptive of the functioning of the Commission. The the1
Board of Supervisors may remove a member from the Commission for cause or upon the Commission’s recommendation if it determines that the member’s conduct is seriously disruptive of the functioning of the Commission.
CODIFICATION NOTE
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