41.11 - Composition of boards.

§ 41.11 Composition of boards.    * (a) In all local governments with a population less than one hundred  thousand,  community  services  boards,  at  the  option  of  the  local  government, shall have either nine or fifteen members appointed  by  the  local  government.  In all other local governments, a community services  board shall have fifteen members appointed by the local government.    Whenever practicable at least one member shall be a licensed physician  and one member shall be a certified psychologist and otherwise at  least  two   members  shall  be  licensed  physicians,  such  members  to  have  demonstrated an interest in the  field  of  services  for  the  mentally  disabled.  The  other  members shall represent the community interest in  all  the  problems  of  the  mentally   disabled   and   shall   include  representatives  from  community  agencies  for  the  mentally  ill, the  mentally retarded and developmentally disabled, and those suffering from  alcoholism and substance abuse. The community services board shall  have  separate   subcommittees  for  mental  health,  mental  retardation  and  developmental disabilities, and alcoholism or, at the discretion of  the  local   government,   alcoholism  and  substance  abuse.  Each  separate  subcommittee shall have no more than nine members appointed by the local  government, except that each subcommittee for mental health  shall  have  no  more than eleven members appointed by the local government. Three of  each such subcommittee shall be members  of  the  board.  Each  separate  subcommittee  shall  be  composed  of  persons  who have demonstrated an  interest in the field of services for the particular class  of  mentally  disabled and shall include former patients, parents or relatives of such  mentally  disabled persons and community agencies serving the particular  class of mentally disabled, except that  each  subcommittee  for  mental  health  shall  include at least two members who are or were consumers of  mental health services, and at least two  members  who  are  parents  or  relatives  of  persons  with  mental illness. Each separate subcommittee  shall advise the community services board and the director of  community  services regarding the exercise of all policy-making functions vested in  such  board  or  director,  as  such  functions  pertain to the field of  services for the  particular  class  of  mentally  disabled  individuals  represented  by  such  subcommittee.  In addition, each subcommittee for  mental health  shall  be  authorized  to  annually  evaluate  the  local  services  plan,  and shall be authorized to report on the consistency of  such plan with  the  needs  of  persons  with  serious  mental  illness,  including  children and adolescents with serious emotional disturbances.  Any such report shall be forwarded annually to  the  community  services  board  and  the  director of community services and a copy shall also be  sent to the commissioner prior to the submission of the  local  services  plan, provided, however, that the provisions of this paragraph shall not  apply to cities of over a million in population.    * NB Effective until March 31, 2013    * (a) In all local governments with a population less than one hundred  thousand,   community  services  board,  at  the  option  of  the  local  government, shall have either nine or fifteen members appointed  by  the  local  government.  In all other local governments, a community services  board shall have fifteen members appointed by the local government.    Whenever practicable at least one member shall be a licensed physician  and one member shall be a certified psychologist and otherwise at  least  two   members  shall  be  licensed  physicians,  such  members  to  have  demonstrated an interest in the  field  of  services  for  the  mentally  disabled.  The  other  members shall represent the community interest in  all  the  problems  of  the  mentally   disabled   and   shall   include  representatives  from  community  agencies  for  the  mentally  ill, the  mentally retarded and developmentally disabled, and those suffering fromalcoholism and substance abuse. The community services board shall  have  separate   subcommittees  for  mental  health,  mental  retardation  and  developmental disabilities, and alcoholism or, at the discretion of  the  local   government,   alcoholism  and  substance  abuse.  Each  separate  subcommittee shall have no more than nine members appointed by the local  government.  Three of each such subcommittee shall  be  members  of  the  board.  Each separate subcommittee shall be composed of persons who have  demonstrated an interest in the field of  services  for  the  particular  class of mentally disabled and shall include former patients, parents or  relatives  of  such  mentally  disabled  persons  and community agencies  serving  the  particular  class  of  mentally  disabled.  Each  separate  subcommittee  shall advise the community services board and the director  of community  services  regarding  the  exercise  of  all  policy-making  functions vested in such board or director, as such functions pertain to  the  field  of  services  for  the particular class of mentally disabled  individuals represented by such subcommittee. Provided however that  the  provisions of this paragraph shall not apply to cities of over a million  in population.    * NB Effective March 31, 2013    * (b)  In  cities  of  over a million a community services board shall  consist of fifteen members to be appointed by the mayor. There shall  be  at  least  two residents of each county within such cities on the board.  At least one shall be a licensed physician and at least one shall  be  a  certified  psychologist. The other members shall represent the community  interest in all of the problems  of  the  mentally  disabled  and  shall  include  representatives  from  community agencies for the mentally ill,  the mentally retarded and developmentally disabled, and those  suffering  from  alcoholism and substance abuse. The community services board shall  have separate subcommittees for mental health,  mental  retardation  and  developmental  disabilities, and alcoholism or, at the discretion of the  local  government,  alcoholism  and  substance  abuse.   Each   separate  subcommittee shall have no more than nine members appointed by the local  government,  except  that each subcommittee for mental health shall have  no more than eleven members appointed by  the  local  government.  Three  members  of  each  such subcommittee shall be members of the board. Each  separate subcommittee shall be composed of persons who have demonstrated  an interest in the  field  of  services  for  the  particular  class  of  mentally   disabled  and  shall  include  former  patients,  parents  or  relatives of such  mentally  disabled  persons  and  community  agencies  serving  the  particular  class  of  mentally disabled, except that each  subcommittee for mental health shall include at least  two  members  who  are or were consumers of mental health services, and two members who are  parents  or  relatives  of  persons  with  mental illness. Each separate  subcommittee shall advise the community services board and the  director  of  community  services  regarding  the  exercise  of  all policy-making  functions vested in such board or director, as such functions pertain to  the field of services for the  particular  class  of  mentally  disabled  individuals   represented   by  such  subcommittee.  In  addition,  each  subcommittee for mental health shall be authorized to annually  evaluate  the  local  services  plan,  and  shall  be  authorized to report on the  consistency of such plan with the needs of persons with  serious  mental  illness,  including  children  and  adolescents  with  serious emotional  disturbances. Any  such  report  shall  be  forwarded  annually  to  the  community  services  board and the director of community services, and a  copy shall also be sent to the commissioner prior to the  submission  of  the local services plan.    * NB Effective until March 31, 2013* (b)  In  cities  of  over a million a community services board shall  consist of fifteen members to be appointed by the mayor. There shall  be  at  least  two residents of each county within such cities on the board.  At least one shall be a licensed physician and at least one shall  be  a  certified  psychologist. The other members shall represent the community  interest in all of the problems  of  the  mentally  disabled  and  shall  include  representatives  from  community agencies for the mentally ill,  the mentally retarded and developmentally disabled, and those  suffering  from  alcoholism and substance abuse. The community services board shall  have separate subcommittees for mental health,  mental  retardation  and  developmental  disabilities, and alcoholism or, at the discretion of the  local  government,  alcoholism  and  substance  abuse.   Each   separate  subcommittee shall have no more than nine members appointed by the local  government.  Three members of each such subcommittee shall be members of  the board. Each separate subcommittee shall be composed of  persons  who  have  demonstrated  an  interest  in  the  field  of  services  for  the  particular class of mentally disabled and shall include former patients,  parents or relatives of such mentally  disabled  persons  and  community  agencies  serving  the  particular  class  of  mentally  disabled.  Each  separate subcommittee shall advise the community services board and  the  director   of   community   services   regarding  the  exercise  of  all  policy-making functions vested  in  such  board  or  director,  as  such  functions  pertain  to the field of services for the particular class of  mentally disabled individuals represented by such subcommittee.    * NB Effective March 31, 2013    (c) A person's public office or employment shall not  bar  appointment  as  a member of a board or subcommittee, nor shall membership serve as a  bar to other public office or employment;  provided,  however,  that  no  more  than three employees of the department or of a department facility  may hereafter be appointed as a member of a board or subcommittee.    (d) On initially constituted boards, and insofar  as  practicable,  on  subcommittees,  one-third  of  the  members  shall  be  appointed  for a  two-year term, one-third for a three-year term and the remainder  for  a  four-year  term.  Thereafter,  each  member  shall  be  appointed  for a  four-year term.  All terms shall begin to run from the first day of  the  year  of the appointment. Vacancies shall be filled for unexpired terms.  No person may serve as a member of a board of a  subcommittee  for  more  than two terms consecutively unless otherwise provided by local law.    (e) Local governments shall reimburse board members for the reasonable  expenses  incurred in the performance of their duties and may also offer  them a per diem compensation, but only  their  reasonable  expenses  are  reimbursable as an operating cost pursuant to this article.    (f)  Local  governments  may remove a board or subcommittee member for  cause, after written notice of charges and an opportunity for the member  to be heard.