In the early spring of 2021 the Executive Committee of the Mental Health Commission (MHC) discussed the fact that its Bylaws were not consistent with the current practices of how members of the Board of Supervisors appoint Mental Health Commissioners. The MHC Bylaws were last amended in 2018.
The current MHC Bylaws provide for the following:
ARTICLE IV, SECTION 4. VACANCIES AND RECRUITMENT
4.1 Role of the Commission
At the discretion of and to the extent requested by the Board, the Commission shall be involved in the recruitment and screening of applicants. When an application is received, the Commission will appoint an Ad Hoc Applicant Interview Committee, pursuant to Article VIII, Section 5.1. Following an interview by the Ad Hoc Applicant Interview Committee, it will forward its recommendation to the Commission. After Commission vote and approval, the recommendation for nomination of the applicant shall be forwarded to the appropriate member of the Board of Supervisors for that Supervisor's consideration.
4.2 Applications The Commission shall receive applications on an ongoing basis.
4.3 Commission Recommendation
a) Pursuant to Article IV, section 1.2, the Commission shall, to the extent possible, recommend for appointment those persons 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 recommend for appointment applicants who have experience and knowledge of the mental health system, preferably in the County.
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 prepared a draft amendment to the MHC Bylaws.
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.
On July 12th, the IOC considered a 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. The Committee decided to hold off making recommendations to the Board of Supervisors pending input from the MHC on additional bylaws changes relating to Commissioner attendance. The Committee also asked for County Counsel guidance on the question of whether MHC seat names could be made more generic in an effort to avoid any stigma that may be associated with certain seats, namely the Consumer or Family Member seats.
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Vacancies and Recruitment
On July 12, the IOC considered proposals from the MHC and Supervisor Andersen to modify the MHC bylaws associated governing Commissioner recruitment and appointment.
MHC Proposal:
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 one Commission 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.
Supervisor Andersen's Counter-Proposal (as corrected below):
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. The language below in Section 4.4 represents a compromise between the MHC proposal and the Board's discretion.
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.
4.3 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. In order for applicants being considered for the Mental Health Commission to have a better understanding of their potential role, responsibilities, and restrictions as a Commissioner, applicants are encouraged to attend at least one Commission meeting, as well as meet with the MHC Chair, MHC Vice Chair and/or the [insert formal name of the ad-hoc committee], 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.
Attendance
To ensure that active, appointed members continuously participate in their respective positions, the MHC is recommending additional revisions to its approved By-laws. The current bylaws of the MHC provide the following regarding attendance at MHC meetings.
Article IV Section 2.1b
SECTION 2. ATTENDANCE
2.1 Attendance requirements
a) Regular attendance at Commission meetings is mandatory for all Commission members.
1) A member who is absent from four (4) regularly scheduled Commission meetings in any calendar year shall be deemed to have resigned from the Commission. In such event the former Commission member's status will be noted at the next scheduled Commission meeting and shall be recorded in the Commission 's minutes. The Chairperson shall, without further direction from the Commission , apprise the Board of Supervisors of the member 's resignation and request the appointment of a replacement.
2) Each Commissioner will ensure that when s/he attends Commission-sponsored meetings (excluding Commission and Commission Committee meetings) or activities representing her/himself as a Commissioner, s/he expresses only those views approved by the Commission.
Additional revisions proposed to the Mental Health Commission Bylaws are shown below. These revisions have been considered and approved across multiple meetings by the MHC and its Executive Committee, most recently at the September 1st Commission meeting, but have not yet been reviewed by County Counsel.
- A Commissioner's absence from a regularly scheduled Commission meeting may be excused in the case of an unforeseen, extraordinary circumstance, including but not limited to major illness, natural disaster, or civil unrest. Commissioners shall obtain consent from the Chair at least one day prior to the meeting, for any planned absences. Excused absences will be recorded in the meeting minutes as an "excused absence".
- A member who is absent from four regularly scheduled full Commission meetings in any consecutive twelve-month period, as opposed to calendar year, shall be deemed to have resigned from the Commission.
- Regular attendance of one standing Commission Committee, with the exception of Executive Committee, is mandatory for all Commission members.” i) “A member who is absent from four (4) regularly scheduled Commission Committee meetings in any consecutive 12-month period, shall be deemed to have resigned from the Committee. In such event the former Committee member's status will be noted at the next scheduled Committee meeting and shall be recorded in the Committee's minutes. The resigned member shall choose a different Committee on which to serve.”
Seat Names
On the question about whether the County is required to publicly identify which appointees are filling which specific seats on the MHC, pursuant to Government Code § 54972 (or the Maddy Act), each year the County is required to publish its Local Appointment Lists, which contains a “list of all appointive terms which will expire during the next calendar year, with the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position.” See Gov’t Code § 54972(a), attached. Given the requirements of the Maddy Act, the County is required to publicly identify the name of each Commissioner whose term is about to expire, as well as the specific seat held by that Commissioner. The County, thus, cannot prevent the public from knowing who holds the Consumer or Family Member seats on the MHC.
The Board, however, could consider using a code system when it appoints Commissioners. For example, the Board could refer to the code “District 3, Seat 2” when appointing a Commissioner to, for example, the Consumer Seat for that district. However, the Local Appointment List would need to reveal the code system to the public—i.e., disclose that “District 3, Seat 2” refers to the Consumer Seat for that district. And the code system would likewise need to be revealed at the recruitment stage; for example, the Notice of Vacancy could state that the Clerk of the Board is accepting applications for the “District 3, Seat 2 (Consumer)” position, or similar. |