In practice, members of the Board of Supervisors interview applicants, ensure that they meet the requirements of Commission membership, and encourage them to attend MHC meetings prior to appointment. However, Supervisors have not recently requested that the Commission appoint an Ad Hoc Applicant Interview Committee or asked them to make recommendations for nominations.
Supervisor Candace Andersen, the representative of the Board of Supervisors on the MHC, met with MHC Chair Graham Wiseman. It was agreed that the provision in the bylaws regarding an Ad Hoc committee making recommendations for appointment created confusion, and Supervisor Andersen suggested that the bylaws be amended to reflect the current practice.
County Counsel provided the following draft amendment to clear the confusion, to make the bylaws reflective of current practices by the Board of Supervisors, and to have this provision of the bylaws reflect changes to Welfare and Institutions Code sections 5604 and 5604.5.
SECTION 4. VACANCIES AND RECRUITMENT
4.1 Role of the Commission. The role of the Commission in recruitment of new commissioners is at the discretion of and to the extent requested by the Board of Supervisors.
4.2 The Commission is encouraged to help identify and recruit qualified applicants to apply for any vacancies on the Commission.
4.3 Commission Identification and Recruitment of Applicants
a) Pursuant to Article IV, section 1.2, the Commission shall to the extent feasible identify and encourage applicants who will assist the County in maintaining a Commission that represents and reflects the diversity and demographics of the County as a whole, as provided in the Welfare and Institutions Code.
b) To the extent possible, the Commission shall identify and encourage applicants who have experience and knowledge of the mental health system, preferably in the County.
4.4 Each County Supervisor will encourage any applicants being considered for the Mental Health Commission to attend a Commission meeting prior to their appointment.
4.5 The Chair and Executive Committee of the Mental Health Commission shall coordinate appropriate training and orientation of all newly appointed commissioners.
At the June 2, 2021 meeting of the MHC, a discussion ensued regarding County Counsel’s draft amendment. Concern was expressed about achieving diversity and representation by consumers of mental health services, and effective orientation of prospective members to promote participation and commitment to the office. At the conclusion of the discussion, the MHC decided, on a split vote (4 Aye, 2 No, 3 Abstain), to send the attached letter to Supervisor Andersen requesting IOC consideration of a revision to what County Counsel had drafted. Only Sections 4.3 through 4.5 had recommended changes. The requested changes by the MHC to County Counsel’s draft are underlined below:
4.3 Commission Identification and Recruitment of Applicants
a) Pursuant to Article IV, section 1.2, the Commission shall, to the extent possible, identify and encourage applicants who will assist the County in complying with the ethnic and demographic mandates in the Welfare & Institutions Code.
b) To the extent possible, the Commission shall identify and encourage applicants who have experience and knowledge of the mental health system, preferably in the County
4.4 Each County Supervisor will encourage any applicant being considered for the Mental Health Commission to attend at least oneCommission meeting prior to their appointment. Applicants are required to meet with the MHC Chair, MHC Vice Chair and/or ad-hoc committee prior to accepting position to ensure full understanding of the roles, responsibilities, and restrictions of being a Mental Health Commissioner.
4.5 Upon appointment by the District Supervisor, the Chair and Executive Committee of the Mental Health Commission shall coordinate appropriate training and orientation of all new commissioners.
Because the appointment process remains in the discretion of the Board of Supervisors, requiring applicants to meet with the MHC Chair, Vice Chair and/or ad-hoc committee is not recommended. However, a compromise would be to include the following language to Section 4.4. The MHC changes remain underlined, and the compromise language is in bold:
4.4 Each County Supervisor will encourage any applicant being considered for the Mental Health Commission to attend at least oneCommission meeting prior to their appointment. Applicants are required may meet with the MHC Chair, MHC Vice Chair and/or ad-hoc committee prior to accepting the position to ensure a full understanding of the roles, responsibilities, and restrictions of being a Mental Health Commissioner.
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