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HomeMy WebLinkAboutDoc 581 - Update BHAB BylawsDeschutes County Board of Commissioners 1300 NWWall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of December 15, 2014 DATE: December 10, 2014 FROM: DeAnn Carr, Deputy Director Phone: 322-7633 Health Services, Behavioral Health Division TITLE OF AGENDA ITEM: Consideration of Board Signature of Document No. 2014-581, Approving the Revised Behavioral Health Advisory Board Bylaws. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: The Deschutes County Behavioral Health Advisory Board (BHAB) carries out the standards, responsibilities, duties and functions of the Community Mental Health and Developmental Disability Advisory Committee and the Local Alcohol and Drug Planning Committee. BHAB advises the Local Mental health Authority and Community Mental Health Developmental Disability Program Director on community needs (concerning addictions, mental health, and developmental disabilities) and priorities for services as well as assisting in planning and evaluating services available. BHAB's Bylaws are the rules and regulations for the conduct of committee. The BHAB Executive Committee has worked collaboratively to revise the BHAB Bylaws due to the previous version being out of date and no longer reflective of current Oregon Administrative Rules (OAR), Oregon Statutes, or Deschutes County vision. Changes to the current Bylaws include: • Updating the OARs cited in the Bylaws; • Updating Oregon State Statutes cited in the Bylaws; • Drawing from the Public Health Advisory Board Bylaws where the narrative represented clearer and/or more complete language; • Updated structural language to reflect a current vision for functioning within the era of Healthcare transformation; and • Added the term "family members" to the list of non-service provider members in order to strengthen the voice of consumers and families on the BHAB. • Based on BOCC feedback added language in Article IV regarding coordination of advocacy effort between the BOCC and the BHAB FISCAL IMPLICATIONS: None. RECOMMENDATION & ACTION REQUESTED: BHAB Executive Committee requests Board of County Commission approval and adoption of the revised BHAB Bylaws. ATTENDANCE: Tom Anderson, County Administrator DISTRIBUTION OF DOCUMENTS: Executed copies to: DeAnn Carr, Deputy Director, Deschutes County Health Services. BHAB Bylaws - Page 1 of 7 Revised: 10/7/14 DESCHUTES COUNTY BEHAVIORAL HEALTH ADVISORY BOARD Mission Statement: To enhance the lives of citizens through the delivery of high-quality and integrated client- centered services that will enable those served to strengthen their lives and roles in the community. BYLAWS Article I NAME The name of this organization shall be the Deschutes County Behavioral Health Advisory Board ("the Advisory Board"). The Advisory Board shall carry out and follow the standards, responsibilities, duties, and functions of the following mandated boards and committees: (1) The Community Mental Health and Developmental Disability Advisory Committee, as mandated by Oregon Administrative Rule 309-014-0020 (3) a-b and (2) The Local Alcohol and Drug Planning Committee, as mandated by Oregon Revised Statues 430.342, and 430.350; OAR 415-012; and by Deschutes County Code Chapter 2.40.010 Article II APPOINTMENT The Board of County Commissioners ("the Commissioners") shall appoint members to the Advisory Board. Article III PURPOSE The Advisory Board is established to advise the Local Mental Health Authority and Community Mental Health and Developmental Disability Program Director on community needs (concerning addictions, mental health, and developmental disabilities) and priorities for services and shall assist in planning and in review and evaluation of services. BHAB Bylaws - Page 2 of 7 Revised: 10/7/14 Article IV FUNCTIONS The Advisory Board shall address the needs of Deschutes County citizens in the areas of Addictions, Mental Health, and Developmental Disabilities. Specifically, the Advisory Board shall advise the Local Mental Health Authority and Community Mental Health and Developmental Disability Program Director: A. In identifying needs and priorities for mental health, addictions, and developmental disabilities; B. In working with consumers and family members in the development, operation and evaluation of its services; C. Regarding the development of high-quality integrated services; D. Regarding promotion, advocacy, and enhancement of community awareness of and support for mental health, addiction, and developmental disability issues and needs specific to Deschutes County; E. Regarding priorities that impact the Department's operating budget, financial plan and key grants. Advise the Department, the Commissioners and the County Administrator regarding financial needs and priorities; F. On all applications for new alcohol and drug treatment programs in Deschutes County (A provider seeking to start new alcohol and drug treatment services must provide application material to the Advisory Board for review and comment); and G. On Deschutes County service development planning. Additionally, the Advisory Board shall: A. Participate in periodic program reviews and site visits by State agencies. B. Annually review the Department's Strategic Plan and determine the Advisory Board's focus based on the Strategic Plan. The Advisory Board shall coordinate any advocacy work with the Board of County Commissioners. BHAB Bylaws - Page 3 of 7 Revised: 10/7/14 Article V MEETINGS Section I: Regular Meetings: Board meetings will be held, at minimum, once per calendar quarter. The Board Chairperson, in consultation with the Department Director, may call other meetings as necessary. Meetings will be held in a conference room accessible to Board members and the general public. Section II: Special Meetings or Work Sessions: Special meetings or work sessions may be called by the Advisory Board Chairperson. Public law requires that members of the Advisory Board and the press receive written or verbal notice at least 24 hours prior to holding such a meeting. Section III: Quorum: A majority of the Board members, including those in actual attendance as well as those attending by proxy, shall constitute a quorum necessary for the transaction of any and all business of the Board. Section IV: Voting: Each Advisory Board member shall have one vote. Any matter coming before the Board shall be decided by a majority of voting members, either physically/telephonically present or by proxy. The Chairperson shall refrain from voting except to break a tie. Proxy voting is permitted upon any issue which has been included in the notice of meeting. Proxy votes can only be given to another voting member. Members who are physically present are limited to not more than one absent member’s proxy, in addition to their own vote. Members who choose to vote by proxy shall notify the Advisory Board chair or Advisory Board secretary via email prior to the meeting. Such votes will be documented in meeting minutes. If the matter is not voted on at the meeting for which it was noticed, then all proxies for such matter shall be deemed to have expired. Section V: Staffing: Staff for recording the minutes of the Advisory Board shall be provided by the Department. Section VI: Meeting Notice: All members shall be given notice of time, date, location, and agenda of the meetings via e-mail at least seven (7) days before a regular Advisory Board meeting. This notice shall be mailed by regular postal to members who have no access to e-mail Notice will be provided for other members of the public who have requested in writing that they be given copies of official meeting notices. Meetings are public, where deliberations of the Advisory Board will take place, and opportunities for public comment will be provided. Section VII: Minutes: Staff shall keep minutes of the Advisory Board meetings, including, without limitation, a recording of all motions and subsequent actions. In addition, all conflicts of interest shall be noted. BHAB Bylaws - Page 4 of 7 Revised: 10/7/14 Section VIII: Agenda: The Chairperson, with the assistance of the Mental Health Director or his/her designee, shall prepare the agenda of items requiring Advisory Board consideration or action and shall add items of business as may be requested by individual Advisory Board members and/or the Commissioners or County Administrator. Article VI MEMBERSHIP Section I. Qualifications and Representation: 1. The membership of the Advisory Board shall be broadly representative of the community, with a balance of age, sex, ethnic, socioeconomic, geographic, professional and consumer interests represented. Membership shall include advocates for persons with mental or emotional disturbances, drug abuse problems, mental retardation or other developmental disabilities, and alcoholism and alcohol abuse problems; 2. The Advisory Board may invite and appoint ex officio members as needed to assist in the performance of its duties. These ex officio appointments shall be made by the Chairperson in consultation with the Community Mental Health and Developmental Disability Program Director. 3. The Board shall be composed of at least nine (9) and not more than fifteen (15) individuals. These persons shall be qualified by interest, training, or experience to review and make recommendations. A minimum of three (3) members shall be consumers, family members, and/or lay citizens. Section II. Nominations: 1. The Advisory Board shall make nominations for membership on the Advisory Board to the Deschutes County Board of Commissioners for approval and appointment. Nomination recommendations shall be made jointly by the Advisory Board Chairperson and the Director of the Department. Section III. Ex-Officio Members: In addition to the appointed Advisory Board members, the Deschutes County Board of Commissioners shall appoint, from among themselves, one member to serve as a liaison to the Advisory Board who is expected but not required to attend at least two (2) Advisory Board meetings each calendar year. Additionally, the Director of the Health Service Department and the Deputy Director will be EX-officio members of the Board. Ex-officio members do not have voting rights. The Board may appoint other Ex-officio members as appropriate. BHAB Bylaws - Page 5 of 7 Revised: 10/7/14 Section IV: Duties and Responsibilities: 1. Advisory Board members shall endeavor to attend all meetings. If a member is unable to attend a meeting, the member will notify the Department prior to the meeting. Participation in meetings is essential, and the Chairperson shall contact any member whose attendance has become a concern. Three (3) consecutive unexcused absences shall constitute grounds for removal. 2. Members shall carry out the mission, purpose and functions of the Advisory Board. 3. Advisory Board members shall serve as volunteers. With prior approval by the Director, members may be reimbursed for extraordinary expenses related to Advisory Board service. 4. Any member may be removed whenever the best interests of the Health Services Department or the Board will be served. The member whose removal is place in issue shall be given prior notice of his/her proposed removal and reasonable opportunity to appear and be heard at a meeting of the Board. A member may be removed pursuant to this section by not less than two-thirds (2/3) of the total number of members then serving on the Board, or by majority vote of the Board of County Commissioners. Grounds for removal from the Board include without limitation, taking a position that is in conflict with the mission of the Board and/or Health Services Department. Section V. Nominations and Terms of Office: 1. Unless extended pursuant to Article VII.2, the membership term shall be three (3) years. The term of any member appointed mid-year shall expire December 31 of the third full year of service. After a member finishes his/her initial term, they may apply for nomination for a second term. Members may serve two (2) successive terms if re-appointed by the Commissioners. A member appointed to serve the unexpired term of another member shall begin their membership on the first day of the month immediately following the date it is approved. 2. Terms begin on January 1 and end December 31. The selection process shall be staggered, with approximately one-third of the members' terms expiring each year. 3. A vacancy occurs when a Board member’s term expires, or when a Board member moves of the service area, dies, resigns, or is removed from the Board. When a vacancy occurs on the Board, the nominating committee shall select a replacement to complete the unexpired term, if term is incomplete, and recommend appointment of such replacement to the Board by the Board of County Commissioners. BHAB Bylaws - Page 6 of 7 Revised: 10/7/14 Article VII OFFICERS 1. Officers of the Advisory Board shall consist of the Chairperson and the Vice Chairperson. 2. Officers shall be elected from the Advisory Board membership during the final regular meeting of the calendar year by a vote of the members and shall serve for one (1) year. Terms may be renewed for an additional year upon consent of the Board and acceptance of the nominee. Officer terms may exceed membership terms, in which case an extension of member term may be granted. Continuity is desired; an officer may serve two consecutive terms if elected. 3. Officers shall work to ensure that the Advisory Board addresses a balanced slate of agenda items covering all responsibilities of the Department. 4. Duties of the officers are as follows: a) Chairperson shall: 1) Set the agenda with Director's assistance. 2) Conduct the meeting in accordance with Robert's Rules of Order and Oregon's Public Meeting Law. 3) Call special meetings of the Advisory Board as necessary. 4) Sign any instrument which the Advisory Board has authorized to be executed. 5) Serve as an ex-officio member of all committees. b) Vice Chairperson shall: 1) Assist the Chairperson as needed. 2) Chair the Addictions Committee and report Committee actions to the full Advisory Board. 3) Serve as the Chairperson in his/her official duties if and so long as the Chairperson is unable to serve. 4) Be willing to serve as Chairperson if elected. Article VIII COMMITTEES 1. Duties of Committees will be to: a) Provide informational reports and documentation of meetings to the Advisory Board. b) Develop recommendations for the Advisory Board. c) Work on agenda items set by the Advisory Board BHAB Bylaws - Page 7 of 7 Revised: 10/7/14 2. The Executive Committee shall be comprised of the Chairperson and Vice Chairperson, Health Services Department Director, and Behavioral Health Deputy Director. The Executive Committee shall have the authority to act on behalf of the entire Board for matters of routine business but shall report to the entire Board its actions as reflected in carefully maintained minutes. 4. The Chairperson shall appoint a Membership/Nominating Committee whose purpose is to receive nominations of Advisory Board officers, and to review applications for Advisory Board membership and make recommendations to the Chairperson and Director for appointment. 5. AD-Hoc Committees may be established by the Board as needed and may consist of additional individuals from the community chosen for their expertise and knowledge and concern about a specific issue or field of endeavor. Once an Ad- Hoc Committee has completed all assigned tasks and reported same to the Board it shall expire. 7. The Advisory Board may use non-Board members, as necessary, to accomplish its objectives. Article IX PUBLIC RECORDS AND MEETING LAW The Advisory Board is a public body for the purpose of ORS Chapter 192, and is subject to the statutory procedures related to public records and meetings. Article X CONFLICT OF INTEREST A conflict of interest shall be declared by any member who has a conflict of interest as defined by Oregon law prior to taking the appropriate action on the matter pursuant to ORS Chapter 244. Member(s) declaring a conflict of interest may not participate in discussion of or vote on matters for which the conflict exists. The BHAB Chair has the authority to excuse the member(s) during discussion and/or voting should the Chair consider their presence to influence the process and/or outcome. No Board member shall be an employee of Deschutes County Health Services Department or an immediate family member of an employee. An exception is allowed for individuals who serve in an on-call, temporary, or limited duration capacity with the Department. BHAB Bylaws - Page 8 of 7 Revised: 10/7/14 Article XI AMENDMENTS Recommendations to amend the bylaws may be made by a majority of the full membership or Executive Committee. The Commissioners may also amend these Bylaws upon their own motion. Amendments are ratified by adoption by the Commissioners. Adopted this _______ day of ________________________ Deschutes County Board of Commissioners ________________________________ Alan Unger, Commissioner ________________________________ Tammy Baney, Commissioner ________________________________ Tony DeBone, Commissioner ATTEST: Recording Secretary