§ 153A-77. Authority of boards of commissioners in certain counties over commissions, boards, agencies, etc.
§ 153A‑77. Authority of boards of commissionersin certain counties over commissions, boards, agencies, etc.
(a) In the exercise of its jurisdiction over commissions, boardsand agencies, the board of county commissioners may assume direct control ofany activities theretofore conducted by or through any commission, board oragency by the adoption of a resolution assuming and conferring upon the boardof county commissioners all powers, responsibilities and duties of any suchcommission, board or agency. This subsection shall apply to the board ofhealth, the social services board, area mental health, developmentaldisabilities, and substance abuse area board and any other commission, board oragency appointed by the board of county commissioners or acting under andpursuant to authority of the board of county commissioners of said county. Aboard of county commissioners exercising the power and authority under thissubsection may, notwithstanding G.S. 130A‑25, enforce public health rulesadopted by the board through the imposition of civil penalties. If a publichealth rule adopted by a board of county commissioners imposes a civil penalty,the provisions of G.S. 130A‑25 making its violation a misdemeanor shallnot be applicable to that public health rule unless the rule states that aviolation of the rule is a misdemeanor. The board of county commissioners mayexercise the power and authority herein conferred only after a public hearingheld by said board pursuant to 30 days' notice of said public hearing given ina newspaper having general circulation in said county.
The board of county commissioners may also appoint advisory boards,committees, councils and agencies composed of qualified and interested countyresidents to study, interpret and develop community support and cooperation inactivities conducted by or under the authority of the board of countycommissioners of said county.
(b) In the exercise of its jurisdiction over commissions,boards, and agencies, the board of county commissioners of a county having acounty manager pursuant to G.S. 153A‑81 may:
(1) Consolidate the provision of human services in the countyunder the direct control of a human services director appointed and supervisedby the county manager in accordance with subsection (e) of this section;
(2) Create a consolidated human services board having the powersconferred by subsection (c) of this section;
(3) Create a consolidated county human services agency havingthe authority to carry out the functions of the local health department, thecounty department of social services, and the area mental health, developmentaldisabilities, and substance abuse services authority; and
(4) Assign other county human services functions to be performedby the consolidated human services agency under the direction of the humanservices director, with policy‑making authority granted to theconsolidated human services board as determined by the board of countycommissioners.
(c) A consolidated human services board appointed by the boardof county commissioners shall serve as the policy‑making, rule‑making,and administrative board of the consolidated human services agency. Theconsolidated human services board shall be composed of no more than 25 members.The composition of the board shall reasonably reflect the population makeup ofthe county and shall include:
(1) Eight persons who are consumers of human services, publicadvocates, or family members of clients of the consolidated human servicesagency, including: one person with mental illness, one person with adevelopmental disability, one person in recovery from substance abuse, onefamily member of a person with mental illness, one family member of a personwith a developmental disability, one family member of a person with a substanceabuse problem, and two consumers of other human services.
(2) Eight persons who are professionals, each withqualifications in one of these categories: one psychologist, one pharmacist,one engineer, one dentist, one optometrist, one veterinarian, one socialworker, and one registered nurse.
(3) Two physicians licensed to practice medicine in this State,one of whom shall be a psychiatrist.
(4) One member of the board of county commissioners.
(5) Other persons, including members of the general publicrepresenting various occupations.
The board of county commissioners may elect to appoint a member of theconsolidated human services board to fill concurrently more than one categoryof membership if the member has the qualifications or attributes of more thanone category of membership.
All members of the consolidated human services board shall be residentsof the county. The members of the board shall serve four‑year terms. Nomember may serve more than two consecutive four‑year terms. The countycommissioner member shall serve only as long as the member is a countycommissioner.
The initial board shall be appointed by the board of countycommissioners upon the recommendation of a nominating committee comprised ofmembers of the preconsolidation board of health, social services board, andarea mental health, developmental disabilities, and substance abuse servicesboard. In order to establish a uniform staggered term structure for the board,a member may be appointed for less than a four‑year term. After thesubsequent establishment of the board, its board shall be appointed by theboard of county commissioners from nominees presented by the human servicesboard. Vacancies shall be filled for any unexpired portion of a term.
A chairperson shall be elected annually by the members of theconsolidated human services board. A majority of the members shall constitute aquorum. A member may be removed from office by the county board ofcommissioners for (i) commission of a felony or other crime involving moralturpitude; (ii) violation of a State law governing conflict of interest; (iii)violation of a written policy adopted by the county board of commissioners;(iv) habitual failure to attend meetings; (v) conduct that tends to bring theoffice into disrepute; or (vi) failure to maintain qualifications forappointment required under this subsection. A board member may be removed onlyafter the member has been given written notice of the basis for removal and hashad the opportunity to respond.
A member may receive a per diem in an amount established by the countyboard of commissioners. Reimbursement for subsistence and travel shall be inaccordance with a policy set by the county board of commissioners. The boardshall meet at least quarterly. The chairperson or three of the members may calla special meeting.
(d) The consolidated human services board shall have authorityto:
(1) Set fees for departmental services based uponrecommendations of the human services director. Fees set under this subdivisionare subject to the same restrictions on amount and scope that would apply ifthe fees were set by a county board of health, a county board of socialservices, or a mental health, developmental disabilities, and substance abusearea authority.
(2) Assure compliance with laws related to State and federalprograms.
(3) Recommend creation of local human services programs.
(4) Adopt local health regulations and participate inenforcement appeals of local regulations.
(5) Perform regulatory health functions required by State law.
(6) Act as coordinator or agent of the State to the extentrequired by State or federal law.
(7) Plan and recommend a consolidated human services budget.
(8) Conduct audits and reviews of human services programs,including quality assurance activities, as required by State and federal law oras may otherwise be necessary periodically.
(9) Advise local officials through the county manager.
(10) Perform public relations and advocacy functions.
(11) Protect the public health to the extent required by law.
(12) Perform comprehensive mental health services planning.
(13) Develop dispute resolution procedures for human servicescontractors and clients and public advocates, subject to applicable State andfederal dispute resolution procedures for human services programs, when applicable.
Except as otherwise provided, the consolidated human services boardshall have the powers and duties conferred by law upon a board of health, asocial services board, and an area mental health, developmental disabilities,and substance abuse services board.
Local employees who serve as staff of a consolidated county humanservices agency are subject to county personnel policies and ordinances onlyand are not subject to the provisions of the State Personnel Act.
(e) The human services director of a consolidated county humanservices agency shall be appointed and dismissed by the county manager with theadvice and consent of the consolidated human services board. The human servicesdirector shall report directly to the county manager. The human servicesdirector shall:
(1) Appoint staff of the consolidated human services agency withthe county manager's approval.
(2) Administer State human services programs.
(3) Administer human services programs of the local board ofcounty commissioners.
(4) Act as secretary and staff to the consolidated humanservices board under the direction of the county manager.
(5) Plan the budget of the consolidated human services agency.
(6) Advise the board of county commissioners through the countymanager.
(7) Perform regulatory functions of investigation andenforcement of State and local health regulations, as required by State law.
(8) Act as an agent of and liaison to the State, to the extentrequired by law.
Except as otherwise provided by law, the human services director or thedirector's designee shall have the same powers and duties as a social servicesdirector, a local health director, and a director of an area mental health,developmental disabilities, and substance abuse services authority.
(f) This section applies to counties with a population inexcess of 425,000. (1973, c. 454, ss. 1‑21/2;1985, c. 589, s. 56; c. 754, s. 1; 1987, c. 217, ss. 1, 2; 1995 (Reg. Sess.,1996), c. 690, s. 3; 2001‑120, s. 1.)