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This entry was published on 2021-04-23
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SECTION 41.11
Composition of boards
Mental Hygiene (MHY) CHAPTER 27, TITLE E, ARTICLE 41
§ 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 persons with
mental disabilities. The other members shall represent the community
interest in all the problems of persons with mental disabilities and
shall include representatives from community agencies for persons with
mental illness, developmental disabilities, and those suffering from
alcoholism and substance abuse. The community services board shall have
separate subcommittees for mental health, 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 persons with mental disabilities
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, 2024

* (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 individuals with mental
illness, developmental disabilities, and those suffering from alcoholism
and substance abuse. The community services board shall have separate
subcommittees for mental health, 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 individuals with mental disabilities 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, 2024

* (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 persons with mental
illness and developmental disabilities, and those suffering from
alcoholism and substance abuse. The community services board shall have
separate subcommittees for mental health, 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 persons with
mental disabilities 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 individuals with mental disabilities
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, 2024

* (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 persons with mental disabilities and
shall include representatives from community agencies for persons with
mental illness, developmental disabilities, and those suffering from
alcoholism and substance abuse. The community services board shall have
separate subcommittees for mental health, 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
persons with mental disabilities 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 persons with mental disabilities
represented by such subcommittee.

* NB Effective March 31, 2024

(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.