Board of Directors Meeting - calmhsa.orgJun 10, 2010 · Board of Directors Meeting AGENDA June 10,...

Board of Directors Meeting AGENDA

June 10, 2010

3:15 p.m. – 5:15 p.m.

Meeting Location:

Doubletree Hotel

2001 Point West Way

Sacramento, CA 995815

(916) 929-8855

Page 1 of 93Page 1 of 93

California Mental Health Service Authority

(CalMHSA)

Board of Directors Meeting

Agenda

Thursday, June 10, 2010

3:15 p.m. – 5:15 p.m.

Doubletree Hotel 2001 Point West Way

Sacramento, CA 95815 (916) 929-8855

In compliance with the Americans with Disabilities Act, if you are a disabled person and you need a disability-related modification or accommodation to participate in this meeting, please contact Kim Santin at (916) 859-4820 or (916) 859-4805 (fax). Requests must be made as early as possible, and at least one full business day before the start of the meeting.

Materials relating to an item on this agenda submitted to this Board after distribution of the agenda packet are available for public inspection at: 3043 Gold Canal Drive, Suite 200, Rancho Cordova, CA 95670, during normal business hours.

1. CALL TO ORDER 2. INTRODUCTIONS




Page 5 of 93

BROWN ACT REQUIREMENTS Agenda Item 4

SUBJECT: BOARD OF DIRECTORS STUDY SESSION

BACKGROUND AND STATUS:

Agendas, Notices, and Public Participation - Compliance with the Brown Act As a JPA, CalMHSA must comply with the Brown Act open meeting laws. With the anticipated growth and increased public involvement, it is important the JPA conduct its meetings, prepare and post its agendas, and interact with the public, in accordance with this Act. Doug Alliston of Murphy, Campbell, Guthrie and Alliston, and counsel for CalMHSA, is conducting a series of short presentations to educate the Board on the salient points of the Brown Act. Mr. Alliston will lead today’s topic which will be a study session on Agendas, Notices, and Public Participation. Teleconference Capabilities and Compliance with the Brown Act During the Board meeting, on April 15, 2010, there was general discussion regarding the ability for CalMHSA Members and Stakeholders to call-in using a conference line. The group collectively decided to table this item until the June 10, 2010 Board meeting. Mr. Alliston will lead discussion as this topic relates to the Brown Act. RECOMMENDATION:

For discussion and/or action should action be deemed appropriate. REFERENCE MATERIALS ATTACHED:

• California League of Cities IV – Chapter 4: Agendas, Notices, and Public Participation*









CONSENT CALENDAR

Agenda Item 6 SUBJECT: Consent Calendar


The Consent Calendar consists of items that require approval or acceptance but are self-explanatory and require no discussion. If the Board would like to discuss any item listed, it may be pulled from the Consent Calendar.

A. Minutes from the May 13, 2010 Board of Director’s Meeting

RECOMMENDATION:

Staff recommends the Board formally consider approval of the Consent Calendar.

REFERENCE MATERIALS ATTACHED:

• Minutes from the May 13, 2010 Board of Director’s Meeting*


MINUTES

CALIFORNIA MENTAL HEALTH SERVICES AUTHORITY

BOARD OF DIRECTORS MEETING – REGULAR MEETING

Holiday Inn Capital Plaza

May 13, 2010

MEMBERS PRESENT

Allan Rawland, MSW, ACSW, CalMHSA President, San Bernardino County

Dr. Wayne Clark, PhD, CalMHSA Secretary, Monterey County

Dr. Karen Baylor, PhD, MFT, CalMHSA Southern Area Representative, San Luis Obispo County

Dr. Brad Luz, PhD, Sutter/Yuba County

Denise Hunt, MFT, CalMHSA Central Area Representative, Stanislaus County

Mary Ann Bennett, Sacramento County

Maureen Bauman, LCSW, Placer County

Scott Gruendl, MPA, Glenn County

Noel J. O’Neill, LMFT, Trinity County

Michael Kennedy, MFT, Sonoma County (Membership Approved in Agenda Item 7)

Karen Stockton, PhD, MSW, Modoc County (Membership Approved in Agenda Item 7)

MEMBERS ABSENT

Vacant, CalMHSA Vice President, Solano County

Curtis Boewer, MFT, Treasurer, Colusa County


STAFF PRESENT

John Chaquica, CPA, MBA, ARM, Executive Director

Doug Alliston, Board Counsel

Kim Santin, CPA, Finance and Administration Director

Edward Walker, LCSW, Program Director

Margo Walls, Executive Assistant

MEMBERS OF THE PUBLIC

Karolyn Rim Stein, RN, Humboldt County

Barbara Lattaie, Humboldt County

Sandra Naylor-Goodwin, PhD, California Institute for Mental Health (CiMH)

Andrea Porter, California Mental Health Directors Association (CMHDA)

Stephanie Welch, MSW, California Mental Health Directors Association (CMHDA)

Will Rhett-Mariscal, PhD, California Institute for Mental Health (CiMH)

Doretha Fluornoy, California Institute for Mental Health (CiMH)

Kathleen Derby, National Alliance on Mental Illness (NAMI)

Mark Montgomery, Psy D, Shasta County

Ann Collentine, Mental Health Services Oversight and Accountability Commission (MHSOAC)

Adrienne Shilton, California Institute for Mental Health (CiMH)

Timothy Griffiths, Survivors of Torture, International

Uma Zykofsky, Sacramento County


Lynne Marsenich, California Institute for Mental Health (CiMH)

Lynne Tarrant, MFT, Placer County

Jayleen Richards, MPA, HSA, Solano County

Lisa Cox, Butte County

1. CALL TO ORDER

CalMHSA Board President, Mr. Allan Rawland, called the meeting to order at 3:30pm.

2. INTRODUCTIONS

Those present introduced themselves.

Jayleen Richards introduced herself as the person representing Solano County. Mr. Rawland asked if Ms. Richards would be taking over as the permanent representative for Solano County. Ms. Richards replied that she would be the official replacement for Solano County.

3. PUBLIC COMMENTS A. Ann Collentine, with the Mental Health Services Oversight and Accountability Commission

(MHSOAC), expressed her excitement with CalMHSA. She is delighted to see the membership of the JPA increase and is excited about the overall progress that has been made with the JPA.

B. Kathleen Derby, with the National Alliance on Mental Illness (NAMI), mentioned that her focus is to learn, observe and represent the stakeholder process. No additional comments were made.

4. BOARD OF DIRECTORS STUDY SESSION A. Doug Alliston presented general discussion on the topic of the Brown Act. The focus was to lead

discussion in an introductory way. The day’s topic focused on how to define a legislative body and what constituted a meeting. He explained, as a JPA, CalMHSA must comply with the Brown Act open meeting laws. With the anticipated growth, and anticipated increased public


involvement, it is important the JPA conduct its meetings, prepare and post its agendas, and interact with the public in accordance with this Act.

During the study session, Mr. Alliston referenced Chapters Two and Three of the ‘League of California Cities, Open and Public IV: A Guide to the Ralph M. Brown Act’. These two chapters specify how to define a “Legislative Body”, how to define “Committees”, how to define a “Meeting” and generally provide guidelines and definitions for these subjects. The group collectively spoke about scenarios that led to a definition of a “regular meeting”, as opposed to a “serial meeting”. The group participated in a general discussion about how these topics relate to the JPA and how we can effectively meet and do business under the Brown Act Guidelines. Ms. Santin also mentioned that the Brown Act documentation, which is published by the California League of Cities, is a very good source of information and that an updated version of the document is expected later this year and is available on the League web site, www.cacities.org.

B. It was decided that Mr. Alliston would table the teleconferencing capability discussion and how it relates to compliance with the Brown Act. This topic will be covered in a future Board of Directors meeting.

In closing, Mr. Alliston reminded the group of how important compliance with the Brown Act is for the CalMHSA JPA going forward.

No action taken.

5. APPROVAL OF THE AGENDA AS POSTED (OR AMENDED)

The Board considered approval of the agenda as posted or amended.

Allan Rawland introduced Mr. Edward Walker, Program Director for CalMHSA, and welcomed him as the newest staff member.

Dr. Karen Baylor motioned to approve the Agenda as Posted. Dr. Wayne Clark seconded the motion. The motion passed unanimously.


6. CONSENT CALENDAR

A. Minutes from the April 15, 2010 Board of Directors Meeting

B. Revised Procurement Policy – Resolution No. 09-09

Recommendation: Formally approve the Consent Calendar as posted.

Dr. Wayne Clark motioned to approve the Consent Calendar as posted. Dr. Brad Luz seconded the motion. The motion passed unanimously.

7. NEW MEMBER OUTREACH / DEVELOPMENT

During each Board meeting, staff and members provide an update to the Board on the status of prospective new membership. Kim Santin began discussion regarding new membership. Ms. Santin explained, during the prior Board meeting on April 15, 2010, that Membership for Sonoma County had been delayed while awaiting Board of Supervisors approval to the join the JPA. However, their Board of Supervisors has officially approved entry by Sonoma County into the CalMHSA JPA. The County of Sonoma will be recommended for approval during today’s meeting. Mr. Allan Rawland interjected briefly and indicated that Modoc County has also been approved by their respective Board of Supervisors for Membership into the JPA. Mr. Rawland announced that Sonoma County would be the thirteenth Member and Modoc County would be the fourteenth Member of the CalMHSA JPA. Denise Hunt motioned to approve the JPA new membership applications for Modoc and Sonoma Counties. Scott Gruendl seconded the motion. The motion passed unanimously. Additional Counties were named as potential Members of the JPA and are expected to join in the coming months. Mr. Allan Rawland welcomed Modoc and Sonoma Counties as the newest Members of the CalMHSA Joint Powers Authority.


8. ADMINISTRATIVE MATTERS

A. Nominate/Appointment of Officers and the Executive Committee

President Allan Rawland began the discussion regarding current officer position vacancies. The officer seat of Vice President had been held by the late Mike Oprendek of Solano County and the seat for Treasurer had been held by Curtis Boewer of Colusa County, who is currently on leave. Mr. Rawland referenced his responsibility, as President, to appoint new officers to serve until the next election of officers. President Rawland then appointed the following slate of officers:

CalMHSA JPA Officers (current)

CalMHSA JPA Officers (recommendation)

Term of Office

Allan Rawland, LCSW, MSW CalMHSA President San Bernardino County

Allan Rawland, LCSW, MSW President San Bernardino County

6/30/2011

Vacant, Vice President Solano County

Dr. Wayne Clark, PhD Vice President Monterey County

6/30/2011

Dr. Wayne Clark, PhD, Secretary and Bay Area Rep. Monterey County

Maureen Bauman, LCSW Secretary Placer County

6/30/2011

Curtis Boewer, MPA, MFT Treasurer Colusa County

Dr. Karen Baylor, PhD, MFT Treasurer San Luis Obispo County

6/30/2011

It was agreed that Dr. Karen Baylor will replace Mr. Curtis Boewer until Mr. Boewer returns to his County position, and then may resume his role as Treasurer until the next election of officers. Dr. Baylor suggested if Mr. Boewer returns to resume his term of office as Treasurer, she would like to revert to her position as Southern Area Representative. Mr. Rawland agreed to the reversion upon Mr. Boewer’s return to his role as Treasurer.


Mr. Scott Gruendl motioned to approve the newly appointed slate of officers of the JPA. Ms. Denise Hunt seconded the motion. The motion passed unanimously.

Allan Rawland stated all of the appointments for each officer have been accepted.

B. CalMHSA Agreement with the Department of Mental Health (DMH)

Mr. Doug Alliston began the discussion and stated that CalMHSA had negotiated the contract with the Department of Mental Health (DMH) through a period of months, and the Board had previously approved the Agreement. In order to comply with contract’s requirements, a formal resolution authorizing execution of the contract was required. Resolution No. 09-10 formalizes the approval and authorization for Board President Rawland signing of the Contract with DMH. Dr. Wayne Clark motioned to approve the Resolution No. 09-10 as written. Mary Ann Bennett seconded the motion. The motion passed unanimously. C. Memorandum of Understanding (MOU) between CalMHSA and Non-Member Counties Mr. Doug Alliston introduced the subject of Memorandums of Understanding (MOU) between CalMHSA and Non-Member Counties. Mr. Alliston indicated the current draft MOU is intended to be utilized as a starting point and draft document. This document will serve as a basis for a relationship between CalMHSA and Non-Member Counties who wish to participate in the JPA Programs without Membership. Mr. Rawland addressed the group and asked for input and opinions based on the current draft of the Memorandum of Understanding (MOU). Dr. Wayne Clark clarified that a Non-Member County that signs an MOU would be considered a Partner. Allan Rawland indicated the language in the MOU should clarify the Partnership between a County and the CalMHSA JPA. The focus should be to utilize language that stresses meaningful partnership and meaningful involvement. Noel O’Neill of Trinity County asked Mr. Rawland how an MOU would be approved. It was suggested by Mr. Rawland that the MOU would go through the respective County Board of Supervisors, as does a formal request for new Membership to the JPA.




F. CalMHSA BOARD MEETING CALENDAR

Mr. Allan Rawland said as issues become more complex, the Board and its Members should review the current Board of Directors meeting calendar. He suggested there may be need for additional time and eventually a move towards holding Executive Committee meetings (monthly) and Board meetings (quarterly). A change of this nature may be more suitable for the entire group and would allow for more extensive communication and attendance as Membership increases.

Noel O’Neill of Trinity County mentioned possible time constraints with travel and availability. He suggested others may be impacted as well and brought up the possibility of a slight adjustment to future Board meeting times.

Dr. Karen Baylor brought up possible teleconferencing capabilities, for those who could not meet in person, as an alternative method of attendance.

The group agreed to continue meeting on Thursdays (as scheduled) and decided to initiate a 3:15 pm start time.

Dr. Clark suggested that the group may want to review upcoming Board meeting dates and times in the future. He suggested the possibility of coming up with an alternate meeting schedule to keep up with the demands of CalMHSA and the expected growth of the organization going forward.

Dr. Karen Baylor motioned to approve the 3:15 pm start time for future Board meetings. Dr. Wayne Clark seconded the motion. The motion passed unanimously.

G. Report from Program Director – Edward Walker

Mr. Allan Rawland introduced Mr. Edward Walker to the entire group as the new CalMHSA Program Director.

Mr. Edward Walker took the floor and explained he has drafted a work plan for 30-60-90 days. Prior to review, Ed Walker introduced Dr. Will Rhett-Mariscal of CiMH. Ed Walker explained Dr. Rhett-Mariscal has agreed to give a brief summary regarding the Student Mental Health Initiative meeting held earlier in the day.

Dr. Will Rhett-Mariscal presented a brief summary of the recommended changes to the Student Mental Health Initiative guidelines. He then proceeded to refer the conversation back to Ed Walker to continue addressing the group regarding his new role in the CalMHSA JPA.


Mr. Ed Walker further clarified his initial work plan and welcomed comments and suggestions from the entire group.

Dr. Karen Baylor, Ms. Maureen Bauman, Dr. Wayne Clark and others requested an update, on a regular basis, to describe outreach with Counties not yet affiliated with CalMHSA. Several others agreed and requested an additional update regarding the status of Counties that showed intent to become a part of the JPA.

Ed Walker described his initial work plan which will evolve over the next three or four months. He will republish a work plan with edits in mid-July 2010, will present a Program to the Board on July 15, 2010 and will publish a completed plan by September 2010.

No action taken.

9. CLOSING COMMENTS

Allan Rawland requested comments from the Board and staff.

No comments were made.

No action taken.

10. ADJOURNMENT

President Allan Rawland adjourned the meeting at 5:35 pm.

Respectfully submitted,

____________________________ __________

Ms. Maureen Bauman Date

Secretary, CalMHSA


NEW MEMBER OUTREACH/DEVELOPMENT

Agenda Item 7.A.

SUBJECT: CalMHSA New Membership Status


During each Board meeting, the staff and members shall update the Board on the status of prospective new members. Additionally, staff has developed a spreadsheet to track activity of members and prospective members. Staff seeks input on the contents of the spreadsheet. We shall provide monthly updates. At this meeting, the Counties of Los Angeles and Santa Cruz have received approval from their Board of Supervisors, submitted their new membership applications to CalMHSA, and now may be approved as members of CalMHSA. RECOMMENDATION:

Approve membership for applying Counties to CalMHSA and other actions as deemed appropriate.

RERFERENCE MATERIALS ATTACHED:

• Los Angeles County*

• Santa Cruz County*

• CalMHSA Membership Update Report (spreadsheet)*




1

MENTAL HEALTH DIRECTOR LISTING 30-DAY POSTING

Member/Prospect Contact Name Telephone Interest BOS Approval CalMHSA Board Approval JPA Signature End Date Assigned Funds to DMH

Alameda Marye L. Thomas, MD (510) 567-8120 Unknown No No No NoAlpine Pamela Knorr (530) 694-2287 Unknown No No No No

Amador George E Sonsel, LCSW (209) 223-6296 Unknown No No No 1/13/09Berkeley City Harvey Tureck (510) 981-5213 Unknown No No No No

Butte Robert Martinez (530) 891-3044 Member Yes Yes Yes NoCalaveras David Sackman, MFT (209) 754-6555 Unknown No No No No

Colusa Edmund Smith (530) 458-0822 Member Yes Yes Yes NoContra Costa Donna Wilgand, LCSW (925) 957-5111 Yes No No No No

Del Norte Gary Blatnick (707) 464-7224 Unknown No No No NoEl Dorado Christine Kondo-Lister, LCSW (530) 621-6270 Yes No No No No

Fresno Donna Taylor, RN (559) 253-9183 Unknown No No No NoGlenn Scott Gruendl, MPA (530) 934-6582 Member Yes Yes Yes 5/31/2010 12/26/08

Humboldt Karolyn Rim Stein, RN (707) 268-2990 Yes No No No 12/12/08Imperial Michael Horn, MFT (760) 482-4068 Unknown No No No No

Inyo Gail Zwier, PhD (760) 873-6533 Unknown No No No NoKern Dr. Jim Waterman (661) 686-6009 Yes 5/30/2010 No No No

Kings Mary Anne Ford Sherman (559) 582-3211 Unknown No No No NoLake Kristy Kelly (707) 263-4338 Unknown No No No 2/4/09

Lassen Ken Crandall, ASW (530) 251-8108 Unknown No No No NoLos Angeles Marvin J Southard, DSW (213) 738-4601 Yes Yes No Pending No

Madera Janice Melton, LCSW (559) 675-7926 Unknown No No No NoMarin Bruce Gurganus, MFT (415) 499-6769 Yes Pending Pending Pending 5/31/2010 12/9/08

Mariposa James A Rydingsword (209) 966-2000 Unknown No No No NoMendocino Mary Elliott (707) 463-5481 Yes No No No 3/11/09

Merced Manuel J. Jimenez (209) 381-6805 Unknown No No No 12/22/08Modoc Karen Stockton, PhD, MSW (530) 233-6312 Member Yes Yes Yes 5/31/2010 1/9/09Mono Ann Gimpel, PhD, MSW (760) 924-1740 Unknown No No No No

Monterey Wayne W. Clark, PhD (831) 755-4509 Member Yes Yes Yes 5/31/2010 5/11/10Napa Randy Snowden (707) 453-4279 Unknown No No No No

Nevada Michael Heggarty, MFT (530) 265-1437 Unknown No No No Opt OutOrange Mark A. Refowitz (714) 834-6023 Yes Yes No Pending 1/6/09

Placer Maureen Bauman, LCSW (530) 889-7256 Member Yes Yes Yes NoPlumas John Sebold, LCSW (530) 283-6307 Unknown No No No No

Riverside Jerry A. Wengerd (951) 358-4501 Unknown No No No NoSacramento Mary Ann Bennett (916) 875-9904 Member Yes Yes Yes No

San Benito Alan Yamamoto, LCSW (831) 636-4020 Unknown No No No NoSan Bernardino Allan Rawland, ACSW, MSW (909) 382-3133 Member Yes Yes Yes 6/2/2010 No

San Diego Jennifer Schaffer, PhD (619) 563-2711 Unknown No No No 12/17/08San Francisco Robert Cabaj (415) 255-3447 Unknown No No No No

San Joaquin Victor Singh, LCSW (209) 468-8750 Unknown No No No Opt OutSan Luis Obispo Karen Baylor, PhD (805) 781-4734 Member Yes Yes Yes No

San Mateo Louise Rogers, MPA (650) 573-2532 Unknown No No No NoSanta Barbara Ann Detrick, PhD (805) 681-5233 Unknown No No No 12/9/08

Santa Clara Nancy Pena, PhD (408) 885-5782 Yes 8/10/2010 Pending Pending 12/16/08Santa Cruz Leslie Tremaine, Ed.D. (831) 454-4515 Yes Pending Pending Pending 1/5/09

Shasta Mark Montgomery, Psy.D. (530) 225-5900 No No No No Opt OutSierra Carol Roberts, PhD (530) 993-6700 Unknown No No No No

Siskiyou Lauri A. Hunner, LCSW (530) 841-4801 Unknown No No No NoSolano Glenda Lingenfelter, RN (707) 784-8320 Member Yes Yes Yes 1/27/09

Sonoma Michael Kennedy, MFT (707) 565-5157 Member Yes Yes Yes 5/31/2010 NoStanislaus Denise C. Hunt, RN, MFT (209) 525-6225 Member Yes Yes Yes 12/11/08

Sutter/Yuba Brad Luz, PhD (530) 822-7200 Member Yes Yes Yes 6/18/09Tehama Ann Houghtby, MFT (530) 527-8491 Unknown No No No NoTri-City Jesse H. Duff (909) 623-6131 Unknown No No No NoTrinity Noel O'Neill, LMFT (530) 623-1362 Member Yes Yes Yes NoTulare Cheryl L. Duerksen, PhD (559) 737-4660 Unknown No No No No

Tuolumne Beatrice W. Readel, LCSW (209) 533-6245 Unknown No No No NoVentura Meloney Roy, LCSW (805) 981-2214 Unknown No No No No

Yolo Kim Suderman (530) 666-8516 Yes 5/12/2010 Pending Pending 6/30/2010 4/24/09Legend

Member Counties

CalMHSA Membership and PEI Assignment Status

Page 29 of 93

Mental Health Director ListingMember/Prospect Contact Name Telephone Est. Date of Payment Fiscal 2008/2009 Fiscal 2009/2010 Fiscal 2010/2011 Fiscal 2011/2012 Commitment Rec'd Payment Balance

Alameda Marye L. Thomas, MD (510) 567-8120 $0.00 $0.00 $0.00 $0.00 n/a n/a $5,830,000.00Alpine Pamela Knorr (530) 694-2287 $0.00 $0.00 $0.00 $0.00 n/a n/a $100,000.00

Amador George E Sonsel, LCSW (209) 223-6296 $31,600.00 $31,600.00 $31,600.00 $31,600.00 4 years n/a $126,400.00Berkeley City Harvey Tureck (510) 981-5213 $0.00 $0.00 $0.00 $0.00 n/a n/a $511,600.00

Butte Robert Martinez (530) 891-3044 $0.00 $0.00 $0.00 $0.00 n/a n/a $875,200.00Calaveras David Sackman, MFT (209) 754-6555 $0.00 $0.00 $0.00 $0.00 n/a n/a $165,200.00

Colusa Edmund Smith (530) 458-0822 $0.00 $0.00 $0.00 $0.00 n/a n/a $100,000.00Contra Costa Donna Wilgand, LCSW (925) 957-5111 $0.00 $0.00 $0.00 $0.00 n/a n/a $3,668,800.00

Del Norte Gary Blatnick (707) 464-7224 $0.00 $0.00 $0.00 $0.00 n/a n/a $101,200.00El Dorado Christine Kondo-Lister, LCSW (530) 621-6270 $0.00 $0.00 $0.00 $0.00 n/a n/a $580,800.00

Fresno Donna Taylor, RN (559) 253-9183 $0.00 $0.00 $0.00 $0.00 n/a n/a $3,994,000.00Glenn Scott Gruendl, MPA (530) 934-6582 $27,100.00 $27,100.00 $27,100.00 $27,100.00 4 years n/a $108,400.00

Humboldt Karolyn Rim Stein, RN (707) 268-2990 $125,700.00 $0.00 $0.00 $0.00 1 year n/a $502,800.00Imperial Michael Horn, MFT (760) 482-4068 $0.00 $0.00 $0.00 $0.00 n/a n/a $750,000.00

Inyo Gail Zwier, PhD (760) 873-6533 $0.00 $0.00 $0.00 $0.00 n/a n/a $100,000.00Kern Dr. Jim Waterman (661) 686-6009 $0.00 $0.00 $0.00 $0.00 n/a n/a $3,423,600.00

Kings Mary Anne Ford Sherman (559) 582-3211 $0.00 $0.00 $0.00 $0.00 n/a n/a $600,000.00Lake Kristy Kelly (707) 263-4338 $59,200.00 $0.00 $0.00 $0.00 1 year n/a $236,800.00

Lassen Ken Crandall, ASW (530) 251-8108 $0.00 $0.00 $0.00 $0.00 n/a n/a $101,200.00Los Angeles Marvin J Southard, DSW (213) 738-4601 $0.00 $0.00 $0.00 $0.00 n/a n/a $46,713,600.00

Madera Janice Melton, LCSW (559) 675-7926 $0.00 $0.00 $0.00 $0.00 n/a n/a $649,600.00Marin Bruce Gurganus, MFT (415) 499-6769 $222,400.00 $222,400.00 $222,400.00 $222,400.00 4 years n/a $889,600.00

Mariposa James A Rydingsword (209) 966-2000 $0.00 $0.00 $0.00 $0.00 n/a n/a $100,000.00Mendocino Mary Elliott (707) 463-5481 $82,000.00 $82,000.00 $82,000.00 $82,000.00 4 years n/a $328,000.00

Merced Manuel J. Jimenez (209) 381-6805 $283,200.00 $283,200.00 $283,200.00 $283,200.00 4 years n/a $1,132,800.00Modoc Karen Stockton, PhD, MSW (530) 233-6312 $25,000.00 $25,000.00 $25,000.00 $25,000.00 4 years n/a $100,000.00Mono Ann Gimpel, PhD, MSW (760) 924-1740 $0.00 $0.00 $0.00 $0.00 n/a n/a $100,000.00

Monterey Wayne W. Clark, PhD (831) 755-4509 $456,600.00 $456,600.00 $456,600.00 $456,600.00 4 years n/a $1,826,400.00Napa Randy Snowden (707) 453-4279 $0.00 $0.00 $0.00 $0.00 n/a n/a $484,400.00

Nevada Michael Heggarty, MFT (530) 265-1437 $86,500.00 $86,500.00 $0.00 $0.00 2 years n/a $346,000.00Orange Mark A. Refowitz (714) 834-6023 $3,334,200.00 $3,334,200.00 $3,334,200.00 $3,334,200.00 4 years n/a $13,336,800.00

Placer Maureen Bauman, LCSW (530) 889-7256 $0.00 $0.00 $0.00 $0.00 n/a n/a $1,096,400.00Plumas John Sebold, LCSW (530) 283-6307 $0.00 $0.00 $0.00 $0.00 n/a n/a $100,000.00

Riverside Jerry A. Wengerd (951) 358-4501 $0.00 $0.00 $0.00 $0.00 n/a n/a $8,856,000.00Sacramento Mary Ann Bennett (916) 875-9904 $0.00 $0.00 $0.00 $0.00 n/a n/a $5,327,200.00

San Benito Alan Yamamoto, LCSW (831) 636-4020 $0.00 $0.00 $0.00 $0.00 n/a n/a $221,600.00San Bernardino Allan Rawland, ACSW, MSW (909) 382-3133 $2,153,800.00 $2,153,800.00 $2,153,800.00 $0.00 3 years n/a $8,615,200.00

San Diego Jennifer Schaffer, PhD (619) 563-2711 $3,376,700.00 $3,376,700.00 $3,376,700.00 $3,376,700.00 4 years n/a $13,506,800.00San Francisco Robert Cabaj (415) 255-3447 $0.00 $0.00 $0.00 $0.00 n/a n/a $3,020,400.00

San Joaquin Victor Singh, LCSW (209) 468-8750 $669,500.00 $669,500.00 $669,500.00 $0.00 3 years n/a $2,678,000.00San Luis Obispo Karen Baylor, PhD (805) 781-4734 $0.00 $0.00 $0.00 $0.00 n/a n/a $1,032,000.00

San Mateo Louise Rogers, MPA (650) 573-2532 $0.00 $0.00 $0.00 $0.00 n/a n/a $2,610,800.00Santa Barbara Ann Detrick, PhD (805) 681-5233 $452,200.00 $452,200.00 $452,200.00 $452,200.00 4 years n/a $1,808,800.00

Santa Clara Nancy Pena, PhD (408) 885-5782 $1,926,900.00 $1,926,900.00 $1,926,900.00 $1,926,900.00 4 years n/a $7,707,600.00Santa Cruz Leslie Tremaine, Ed.D. (831) 454-4515 $282,500.00 $282,500.00 $282,500.00 $282,500.00 4 years n/a $1,130,000.00

Shasta Mark Montgomery, Psy.D. (530) 225-5900 $176,100.00 $176,100.00 $0.00 $0.00 2 years n/a $704,400.00Sierra Carol Roberts, PhD (530) 993-6700 $0.00 $0.00 $0.00 $0.00 n/a n/a $100,000.00

Siskiyou Lauri A. Hunner, LCSW (530) 841-4801 $0.00 $0.00 $0.00 $0.00 n/a n/a $143,200.00Solano Glenda Lingenfelter, RN (707) 784-8320 $401,100.00 $0.00 $0.00 $0.00 1 year n/a $1,604,400.00

Sonoma Michael Kennedy, MFT (707) 565-5157 $0.00 $0.00 $0.00 $0.00 n/a n/a $1,758,800.00Stanislaus Denise C. Hunt, RN, MFT (209) 525-6225 $510,200.00 $510,200.00 $510,200.00 $510,200.00 4 years n/a $2,040,800.00

Sutter/Yuba Brad Luz, PhD (530) 822-7200 $150,200.00 $0.00 $0.00 $0.00 1 year n/a $600,800.00Tehama Ann Houghtby, MFT (530) 527-8491 $0.00 $0.00 $0.00 $0.00 n/a n/a $242,800.00Tri-City Jesse H. Duff (909) 623-6131 $0.00 $0.00 $0.00 $0.00 n/a n/a $817,200.00Trinity Noel O'Neill, LMFT (530) 623-1362 $0.00 $0.00 $0.00 $0.00 n/a n/a $100,000.00Tulare Cheryl L. Duerksen, PhD (559) 737-4660 $0.00 $0.00 $0.00 $0.00 n/a n/a $1,928,400.00

Tuolumne Beatrice W. Readel, LCSW (209) 533-6245 $0.00 $0.00 $0.00 $0.00 n/a n/a $193,200.00Ventura Meloney Roy, LCSW (805) 981-2214 $0.00 $0.00 $0.00 $0.00 n/a n/a $3,339,200.00

Yolo Kim Suderman (530) 666-8516 $208,200.00 $208,200.00 $208,200.00 $208,200.00 4 years n/a $832,800.00Legend Total $15,040,900.00 $14,304,700.00 $14,042,100.00 $11,218,800.00 $160,000,000.00

Member Counties

PEI Funding Commitment

CalMHSA PEI Funding Commitment & Balance Sheet


John Chaquica Kim Santin Ed Walker Margo Walls Laura LiAlameda Marye L. Thomas, MD (510) 567-8120

Alpine Pamela Knorr (530) 694-2287Amador George E Sonsel, LCSW (209) 223-6296

Berkeley City Harvey Tureck (510) 981-5213Butte Robert Martinez (530) 891-3044

Calaveras David Sackman, MFT (209) 754-6555Colusa Edmund Smith (530) 458-0822

Contra Costa Donna Wilgand, LCSW (925) 957-5111Del Norte Gary Blatnick (707) 464-7224El Dorado Christine Kondo-Lister, LCSW (530) 621-6270

Fresno Donna Taylor, RN (559) 253-9183Glenn Scott Gruendl, MPA (530) 934-6582

Humboldt Karolyn Rim Stein, RN (707) 268-2990Imperial Michael Horn, MFT (760) 482-4068

Inyo Gail Zwier, PhD (760) 873-6533Kern Dr. Jim Waterman (661) 686-6009

Kings Mary Anne Ford Sherman (559) 582-3211Lake Kristy Kelly (707) 263-4338

Lassen Ken Crandall, ASW (530) 251-8108Los Angeles Marvin J Southard, DSW (213) 738-4601

Madera Janice Melton, LCSW (559) 675-7926Marin Bruce Gurganus, MFT (415) 499-6769

Mariposa James A Rydingsword (209) 966-2000Mendocino Mary Elliott (707) 463-5481

Merced Manuel J. Jimenez (209) 381-6805Modoc Karen Stockton, PhD, MSW (530) 233-6312Mono Ann Gimpel, PhD, MSW (760) 924-1740

Monterey Wayne W. Clark, PhD (831) 755-4509Napa Randy Snowden (707) 453-4279

Nevada Michael Heggarty, MFT (530) 265-1437Orange Mark A. Refowitz (714) 834-6023

Placer Maureen Bauman, LCSW (530) 889-7256Plumas John Sebold, LCSW (530) 283-6307

Riverside Jerry A. Wengerd (951) 358-4501Sacramento Mary Ann Bennett (916) 875-9904

San Benito Alan Yamamoto, LCSW (831) 636-4020San Bernardino Allan Rawland, ACSW, MSW (909) 382-3133

San Diego Jennifer Schaffer, PhD (619) 563-2711San Francisco Robert Cabaj (415) 255-3447

San Joaquin Victor Singh, LCSW (209) 468-8750San Luis Obispo Karen Baylor, PhD (805) 781-4734

San Mateo Louise Rogers, MPA (650) 573-2532Santa Barbara Ann Detrick, PhD (805) 681-5233

Santa Clara Nancy Pena, PhD (408) 885-5782Santa Cruz Leslie Tremaine, Ed.D. (831) 454-4515

Shasta Mark Montgomery, Psy.D. (530) 225-5900Sierra Carol Roberts, PhD (530) 993-6700

Siskiyou Lauri A. Hunner, LCSW (530) 841-4801Solano Glenda Lingenfelter, RN (707) 784-8320

Sonoma Michael Kennedy, MFT (707) 565-5157Stanislaus Denise C. Hunt, RN, MFT (209) 525-6225

Sutter/Yuba Brad Luz, PhD (530) 822-7200Tehama Ann Houghtby, MFT (530) 527-8491Tri-City Jesse H. Duff (909) 623-6131Trinity Noel O'Neill, LMFT (530) 623-1362Tulare Cheryl L. Duerksen, PhD (559) 737-4660

Tuolumne Beatrice W. Readel, LCSW (209) 533-6245Ventura Meloney Roy, LCSW (805) 981-2214

Yolo Kim Suderman (530) 666-8516Legend

Member Counties

Status / NotesCalMHSA County Contact


PROGRAM MATTERS

Agenda Item 8.A.

SUBJECT: Report from CalMHSA Program Director – Edward Walker

BACKGROUND AND STATUS

During each Board meeting, Mr. Edward Walker, CalMHSA Program Director, will provide a status regarding priority activities: (1) Collaboration with California Department of Mental Health (DMH) and Mental Health Services Oversight and Accountability Commission (MHSOAC), (2) Outreach to stakeholders, (3) Planning process development for stakeholder input preliminary to PEI statewide program implementation plan development and (4) Other items that are timely for the Board's information. (1) Meetings are scheduled prior the Board meeting with Mark Heilman and with Zoey Todd of DMH regarding the Statewide PEI programs. DMH had made significant progress on preparing for implementation of the Statewide PEI programs prior to the establishment of the CalMHSA. The meetings are to discuss how that background work could assist with CalMHSA's implementation plan development. (2) I have attended the OAC Cultural and Linguistic Competency Committee meeting and the full OAC meeting. I will attend other OAC Mental Health Policy and Funding Committee meetings and will attend the other OAC committee meetings in June and July. I am also scheduled to attend the Partners meeting where many stakeholder organizations participate. I have also scheduled telephone conferences with several stakeholder leaders. (3) A draft Planning Process for Developing Implementation Plans for Statewide Prevention and Early Intervention (PEI) with a focus on stakeholder input is being revised. The draft Planning Process will be completed and presented for review at the June 10, 2010 Board meeting. RECOMMENDATION:

For discussion and/or action should action be deemed appropriate. RERFERENCE MATERIALS ATTACHED:

None


PROGRAM MATTERS

Agenda Item 8.B.

SUBJECT: Technical Assistance and Capacity Building

BACKGROUND AND STATUS

The CalMHSA Technical Assistance and Capacity Building Evaluation Project is a Statewide initiative that provides an array of evaluation training and support services that will strengthen Counties and their community partners’ ability to implement a PEI component plan. The project proposes that JPA Counties work together within a Learning Collaborative framework that will allow Counties to create and share a common framework for PEI evaluation, learn from each other in peer-to-peer activities, strengthen individual County efforts, and create and disseminate information, particularly lessons learned, to other California entities evaluating PEI projects. CalMHSA has contracted with CiMH for these services.

“Component A” in the Agreement with CiMH states, “The CalMHSA PEI Evaluation Learning Collaborative – JPA Counties will participate in a joint PEI Project Evaluation process that results in a common framework sharing approaches that support local evaluation and disseminates state level information regarding PEI Evaluation.”

“Component B” in the Technical Assistance and Capacity Building Proposal, Item III, System and Design Change. This project area consists of technical assistance and capacity building activities supporting the design and development of a mental health system that is wellness focused, integrates prevention and early intervention, and fosters the promotion of mental health as an endeavor engaged in by the broader community.

Dr. Sandra Naylor-Goodwin will present an update to the Board regarding the status of the following:

1). Identify Each Project 2). Implementation Status as Compared to Scope of Services 3). Highlight Success 4). Identify Barriers/Challenges to Implement and Action Plan to Alleviate 5). Costs to Date as a Percentage to Contract Value


RECOMMENDATION:

For discussion and/or action should action be deemed appropriate. RERFERENCE MATERIALS ATTACHED:

• To Be Distributed Under Separate Cover


ADMINISTRATIVE MATTERS

Agenda item 9.A.

SUBJECT: Memorandum of Understanding (MOU) Between CalMHSA and Non-Member Counties


The attached is a second draft of the proposed Memorandum of Understanding (MOU), which is intended to serve as a basis for the relationship between CalMHSA and Non-Member Counties who wish to participate in the JPA.

During the last Board meeting, the group agreed the language in the MOU should clarify a Partnership between a County and the CalMHSA JPA. The focus should be to engage in language that encompasses meaningful partners and meaningful involvement.

The objective for this review is to gain input for a revised version of the attached document.

Additionally, staff has solicited feedback with certain Counties to obtain input. San Diego County has provided input on this document and the changes have been included.

RECOMENDATIONS:

For discussion and/or action should action be deemed appropriate.


• Draft - Memorandum of Understanding (MOU)*


Memorandum of Understanding Between

CalMHSA and ______________ County For Development and Administration of Statewide PEI Programs

WHEREAS, in November 2004, California voters passed Proposition 63, which was enacted into law in 2005 as the Mental Health Services Act (MHSA) and which imposed a 1% tax on adjusted annual income over $1,000,000 for the purpose of reducing the long-term adverse impact on individuals, families and state and l ocal budgets resulting from untreated serious mental illness; and

WHEREAS, California M ental H ealth Services Authority ( CalMHSA) i s a J oint Powers Authority f ormed t o be a single agency acting f or i ts member counties to dev elop m ental health services and education programs, obtain funding, contract for services, collect data, make reports, and act as a repository of information and expertise for such programs; and

WHEREAS, CalMHSA has entered into a contract with the California Department of Mental Health (DMH) to administer Statewide Programs for Prevention and Early Intervention (PEI), and has worked with the Mental Health Services Oversight and A ccountability Commission (OAC) to facilitate compliance with OAC Guidelines ; and

WHEREAS, CalMHSA w elcomes pa rticipation by non -member C ounties i n Statewide P EI Programs administered by CalMHSA; and

WHEREAS, ________________ County (“Partner”) desires to participate in Statewide PEI programs administered by CalMHSA;

NOW THEREFORE, the par ties agr ee that P artner w ill participate in the CalMHSA Programs listed in Attachment 1, in the amounts specified in Attachment 1, pursuant to the Participation Agreement for each Project in which Partner participates, and pursuant to the following provisions:

I. Definitions

Throughout this MOU, the following terms are defined as follows:

A. CalMHSA - California M ental H ealth Services Authority, a J oint Powers Authority created to jointly develop and fund mental health services and education p rograms for its Member C ounties and Partner Counties, which has entered into a contract with DMH to conduct Statewide PEI Programs

B. Component Allocation – previously known as Planning Estimates, these are an amount of MHSA funds made available to each county for a component of the Three-Year Program and E xpenditure Plan during a fiscal year, or other specified time period, as published by DMH.

C. County PEI P rogram M anager - A des ignated s taff per son at t he Partner responsible for implementation of the County’s Statewide PEI Programs.

D. Department of Mental Health (DMH) - The California Department of Mental Health.

E. Member – refers to a County (or JPA of two or more Counties) that has joined CalMHSA and executed the CalMHSA Joint Powers Agreement.


F. Mental Health Services Act (MHSA) – Initially known as Proposition 63 in the November 2004 e lection, which added s ections to t he Welfare and Institutions Code providing for, among other things, PEI Programs.

G. Mental H ealth S ervices O versight and A ccountability C ommission (OAC) - The oversight body to ensure the activities are in accordance with the Mental Health Services Act.

H. Partner - The County entering into this MOU with CalMHSA.

I. Participating Counties – Counties participating in a PEI Program either as Members of Ca lMHSA or as Partners under a M emorandum of Understanding with CalMHSA.

J. Prevention and Early Intervention (PEI) – Per Guidelines issued by the OAC, there a re three PEI S tatewide P rojects--Suicide Prevention, S tudent M ental Health Initiative, and Stigma and Discrimination Reduction—that are to be conducted by Counties acting jointly or in collaboration, or by DMH. Per OAC Guidelines, the PEI Statewide Project on Training, Technical Assistance and Capacity Building is administered at the County level, but Counties can jointly engage in this project as well.

K. Program – Statewide PEI Program administered by CalMHSA implemented consistent with t he C alifornia S trategic P lans f or S uicide P revention, and Stigma and D iscrimination R eduction, t he c oncepts i dentified in the consensus document for the Student Mental Health Initiative, and appl icable laws, r egulations and guidelines. Also refers to the Training, T echnical Assistance and Capacity Building project.

L. Student M ental H ealth I nitiative – See http://www.dmh.ca.gov/ PEIStatewideProjects/StudentMentalHealthInitiative.asp

M. Stigma and D iscrimination R eduction – See http://www.dmh.ca.gov/ PEIStatewideProjects/docs/Reducing_Disparities/CDMH_MH_Stigma_Plan_09_V5.pdf.

N. Suicide Prevention – See http://www.dmh.ca.gov/PEIStatewideProjects/docs/ Reducing_Disparities/CDMH_MH_Stigma_Plan_09_V5.pdf.

II. Responsibilities

A. Responsibilities of CalMHSA:

1. Develop Three-Year Program and Expenditure Plans, updates, and/or work plans on behalf of and in coordination with participating counties that ar e consistent w ith applicable laws, r egulations and gu idelines issued by the State, for the provision of services and the expenditure of funds for statewide or regional PEI programs designed in accordance with the “Guidelines for Prevention and Early Intervention (PEI) St atewide P rograms” i ssued by OAC, consistent w ith any applicable contract between CalMHSA and DMH.

2. Act as f iscal and administrative agent for Partner in PEI programs in which Partner participates.


3. Directly or indirectly (through a contracted JPA Management firm) hire and em ploy P rogram Directors and ot her administrative s taff as necessary to perform under this Memorandum.

4. Submission of Three-Year Program and E xpenditure Plans, updates, and/or work plans on behalf of and/or in coordination with participating counties to DMH and OAC for review and approval.

5. Management of funds received for PEI Statewide programs consistent with the r equirements of t he MHSA and t he c ontract be tween CalMHSA and DMH.

6. Provide regular fiscal r eports to participating Member and Partner counties and a s r equired by t he c ontract bet ween C alMHSA and DMH.

C. Responsibilities of Partner:

1. Timely assignment, p ayment o r o ther transfer of am ounts assessed for PEI programs in which Partner is participating.

2. Attend advisory committee meetings for Program(s) in which Partner participates, and provide input as necessary to accomplish the purposes of this MOU and such Program(s).

3. Cooperate by pr oviding CalMHSA with r equested i nformation and assistance in order to fulfill the purpose of this MOU.

4. Provide feedback on Program performance.

5. Identification o f a representative authorized t o act f or P artner, and preferably an alternate t o attend meetings in abs ence of representative.

III. Duration and Term A. The term of the MOU is April 15, 2010 through June 30, 2015. The MOU may

be extended or terminated depending on the availability of funds.

B. Any Party may terminate this MOU immediately with cause or after thirty days written not ice w ithout cause, unl ess o therwise s pecified. Notice s hall be deemed served on the date of mailing. Cause shall be defined as any breach of this MOU, any misrepresentation, or fraud on the part of any Party.

IV. Withdrawal, Cancellation and Termination A. The withdrawal of a Partner from a Program shall not automatically terminate

its responsibility for its share of the expenses and liabilities of the Program. The contributions of current and past Partners and Members are chargeable for t heir respective s hare of unav oidable ex penses an d l iabilities a rising during the period of their participation

B. Upon cancellation, termination or other conclusion of a Program, any f unds remaining undisbursed after CalMHSA satisfies all obligations arising from the operation of the Program shall be distributed and apportioned among the


Members and Partners that have participated in the program in proportion to their contributions.

V. Fiscal Provisions

A. Funding required from Partner shall not exceed the lesser of (1) the amount allocated to P artner by D MH pursuant t o Enclosure 2 to Information Notice 08-25, or (2 ) t he aggregate amount s pecified in Attachment 1the Program Participation Agreement(s) entered into by Partner.

B. Funds contributed by P artner shall be allocated t o p lanning, a dministration and evaluation in the same proportions as are Member funds.

VI. General Provisions A. This M OU contains the entire agr eement o f t he par ties and supersedes al l

negotiations, v erbal or otherwise and any o ther agr eement b etween t he parties hereto.

B. The i ndividual signing bel ow on behal f of P artner r epresents and w arrants that he or she is authorized to do so.

C. Partner will provide CalMHSA with a copy of a resolution of its governing body authorizing execution of this MOU.

D. In the event of a dispute between the parties, Partner and CalMHSA will first attempt informal r esolution by hav ing CalMHSA’s president ( or designee) meet and confer w ith t he r epresentative appointed by P artner. D uring t he meet and confer process, i f the par ties cannot resolve the dispute they will attempt to agr ee on a f urther i nformal d ispute resolution pr ocess such as arbitration. If they cannot agree upon an i nformal dispute resolution process, then the parties can pursue the remedies otherwise available at law.

VII. Conclusion

A. This M OU consisting o f ______ pages and A ttachment 1 and any Participation Agreement(s) ex ecuted by P artner are the f ull and c omplete document de scribing services t o be rendered by CalMHSA including a ll covenants, conditions and benefits.

B. The s ignatures o f the p arties a ffixed t o t his MOU af firm t hat t hey ar e dul y authorized to commit and bind their respective entities to the t erms and conditions set forth in this document.

CalMHSA

_______________________________________ Name: Allan Rawland

Title: President


Address: 268 W. Hospitality Lane, Suite 400 San Bernardino, CA 92415-0026

Date:______________________

Partner _______________________________________ Name:

Title: Address:

Date:______________________


Attachment 1 Program(s) in which Partner is participating Amounts to be contributed by Partner

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Page 42 of 93

Page 43 of 93


JOINT EXERCISE OF POWERS AGREEMENT

This Agreement is executed in the State of California by and among those Members,

organized and existing under the Constitution of the State of California, which are parties’

signatory to this Agreement. All such Members shall be listed in Appendix A, which shall be

attached hereto and made a part hereof.

RECITALS

WHEREAS, Article 1, Chapter 5, Division 7, Title 1 of the California Government Code

(the “Joint Exercise of Powers Act,” Government Code section 6500 et seq.) permits two or

more public agencies by Agreement to exercise jointly powers common to the contracting

parties; and

WHEREAS, Division 5 of the California Welfare and Institutions Code authorizes and

directs California counties to obtain and administer public funds for, and to provide certain

community mental health services to persons residing within said counties and cities; and

WHEREAS, in the November 2004 general election, the People of the State of

California enacted Proposition 63, the Mental Health Services Act, which added certain

provisions to the California Welfare and Institutions Code and to the California Revenue and

Taxation Code, for the purpose of raising additional revenues and distribution of those revenues

to California counties for use in providing expanded services in preventing, detecting, and

treating mental illness among persons in their communities, and other mental health sections of

the Welfare and Institutions Code;


WHEREAS, the Members executing this Agreement desire to join together for the

purpose of jointly exercising their powers under some or all of the statutes referenced above.

NOW THEREFORE, the parties agree as follows:

ARTICLE 1

PURPOSES

This Agreement is entered into by the Members in order to jointly develop, and fund

mental health services and education Programs as determined on a regional, statewide, or

other basis. Such Programs may include, but are not limited to, the following:

(a) Addressing suicide prevention.

(b) Ethnic and cultural outreach.

(c) Stigma and discrimination reduction related to mental illness.

(d) Student mental health and workforce training and education.

(e) Training, technical assistance, and capacity building.

(f) The provision of necessary administrative services. Such administrative services

may include, but shall not be limited to, establishing a depository for research

materials and information regarding “best practices.”

It shall be the intent of CMHSA the Authority that all such Pprograms are fiscally self-

contained requiring no additional funding from Members. Accordingly, no Member shall

be obligated to fund the Authority or any Program in an amount greater than the

amount to which the Member has previously agreed. The indirect costs to operate the

Authority shall be allocated to each of the Programs operated by the Authority as

directed by its Members.In addition, the indirect costs to operate the Authority shall be

allocated to each of the Programs operated by the Authority as directed by its

Members.

Formatted: Font: Bold







ARTICLE 2

PARTIES TO THE AGREEMENT

Each Member, as a party to this Agreement, certifies that it intends to and does

contract with all other Members as parties to this Agreement and, with such other Members as

may later be added as parties to this Agreement. Each Member also certifies that the

withdrawal, cancellationexpulsion, or other removal of any party from this Agreement, pursuant

to Article 9, shall not affect terminate this Agreement or the Member’s obligations hereunder.

ARTICLE 3

CREATION OF THE AUTHORITY

Pursuant to the Joint Powers Act, there is hereby created a public entity separate and

apart from the parties, hereto, to be known as the California Mental Health Services Authority,

with such powers as are hereinafter set forth.

Pursuant to the Government Code, Section 6508.1, the assets, debts, liabilities, and

obligations of the Authority shall not constitute assets, debts, liabilities, or obligations of any

party to this Agreement. However, a party to the Agreement may separately contract for, or

assume responsibility for, specific debts, liabilities, or obligations of the Authority.

ARTICLE 43

POWERS OF THE AUTHORITY

The Authority shall have all of the powers common to General Law counties in

California and all additional powers set forth in the Article 1, Chapter 5, Division 7, Title 1 of the

California Government Code (beginning with Section 6500), and is hereby authorized to do all



acts necessary for the exercise of said powers. Such powers include, but are not limited to, the

following:

(a) To make and enter into contracts.

(b) To incur debts, liabilities, and obligations.

(c) To acquire, hold, or dispose of property, contributions and donations of

property, funds, services, and other forms of assistance from persons,

firms, corporations, and government entities.

(d) To sue and be sued in its own name, and to settle any claim against it.

(e) To receive and use contributions and advances from Members as provided

in Government Code Section 6504, including contributions or advances of

personnel, equipment, or property.

(f) To invest any money in its treasury that is not required for its immediate

necessities, pursuant to Government Code Section 6509.5.

(g) To carry out all provisions of this Agreement.

(h) To define fiscal and Program participation and withdrawal provisions of

Members.

(i) Said powers shall be exercised pursuant to the terms hereof and in the

manner provided by law.

Formatted: Left


ARTICLE 54

TERM OF THE AGREEMENT

This Agreement shall become effective on July 1, 2009. This Agreement shall continue

in effect until lawfully terminated as provided herein and in Bylaws.

ARTICLE 65

BOARD OF DIRECTORS

The Authority shall be governed by the Board of Directors, which shall be composed

of the local county or city mental health director from each Member, appointed or designated,

and acknowledged in writing, by the Member governing body and serving at the pleasure of that

body. Each director shall also designate an alternate director who shall have the authority to

attend, participate in and vote at any meeting of the Board when the director is absent. A

Director or alternate director, upon termination of office or employment with the county, shall

automatically terminate membership on the Board.

To adhere to the regulations of the Fair Political Practices Commission (Title 2, Division

6, California Code of Regulations), each Director and alternate shall file with the Authority the

required Fair Political Practices Commission (FPPC) forms upon assuming office, during office,

and upon termination of office.

Any vacancy in a director position shall be filled by the appointing governing body,

subject to the provisions of this Article.

The presence of a majority of the membership of the Board shall constitute a quorum

for the transaction of business. Following the establishment of a quorum, measures may

normally be passed by a simple majority of Members present and voting. As to an action that

affects only one of the Authority’s Programs, only those Members who represent counties

participating in that Program will be counted in determining whether there is a quorum and

whether there is approval by a majority.




Notwithstanding the preceding paragraph, upon the motion of any Board

Member, seconded by another, passage of a measure by the Board will require

approval through a weighted voting procedure. For weighted voting purposes that shall

ve a total of 75 votes. Each Member shall have one vote. The remaining votes shall be

allocated among the Members on the most recent census. This calculation shall be

performed and reviewed annually in June, prior to the next fiscal year. Any weighted

vote will be a roll call vote. Weighted votes must be cast in whole by the voting county

and may not be split. A majority of the membership of the Board shall constitute a

quorum for the transaction of business. For voting purposes there shall be a total of 75

votes, whereas each member shall have one vote. The remaining votes shall be

allocated to each member based on each member’s proportionate percentage of the

population based on the most recent census. This calculation shall be performed and

reviewed annually in June, prior to the next fiscal year. Except as otherwise provided in

this Agreement or any other duly executed Agreement of the members, all actions of

the Board shall require the affirmative vote of a majority of the members present and

voting; provided, that any action which is restricted in effect to only one of the

Authority’s Programs, shall require the affirmative vote of a majority of those Board

members who participate in that Program.

At any meeting at which a quorum is initially present, the Board may continue to

transact business notwithstanding the withdrawal of enough Members to leave less than a

quorum, provided that each action is approved by at least a majority of the number required to

constitute a quorum, and is taken subject to the above-stated proviso concerning actions

restricted to one Program and to special voting requirements, if any, stated elsewhere in this

Agreement.

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ARTICLE 76

ACCOUNTS AND RECORDS

(a) Annual Budget. The Authority shall annually adopt an operating budget which

shall include a separate budget for each Program under development or

adopted and implemented by the Authority.

(b) Funds and Accounts. The Authority shall establish and maintain such funds

and accounts as may be required by Generally Accepted Accounting Principles,

or by any provision of law or any resolution of the Authority. Books and

records of the Authority shall be open to inspection at all reasonable times by

authorized representatives of Members. Additionally, the Authority shall

adhere to the standard of strict accountability for funds set forth in Government

Code Section 6505.

(c) Annual Audit. Pursuant to Government Code Section 6505, the Authority

shall either make or contract with a certified public accountant to make an

annual Fiscal Year audit of all accounts and records of the Authority,

conforming in all respects with the requirements of that section. By unanimous

request of the Board, the audit may be biennial as permitted by Government

Code section 6505, subdivision (f). A report of the audit shall be filed as a

public record with each of the Members and also with the county auditor of the

county where the home office of the Authority is located and shall be sent to

any public agency or person in California that submits a written request to the

Authority. The report shall be filed within twelve months of the end of the

Fiscal Year or years under examination. Costs of the audit shall be considered

a general expense of the Authority.


ARTICLE 87

RESPONSIBILITIES FOR FUNDS AND PROPERTY

The Treasurer of the Board shall have the custody of and disburse the Authority’s

funds. He or she may delegate disbursing authority to such persons as may be authorized by

the Board of Directors to perform that function, subject to the requirements of (b) below.

Pursuant to Government Code Section 6505.5, the Treasurer of the Board shall:

(a) Receive and acknowledge receipt for all funds of the Authority and place them in

the treasury so designated by the Treasurer of the Board to the credit of the

Authority.

(b) Be responsible upon his or her official bond for the safekeeping and disbursements

of all Authority funds so held by him or her.

(c) Be responsible for oversight of payment, when due, out of money of the Authority

so held, all sums payable by the Authority. The Board of Directors may delegate

authority to anybody or person to make such payments from Authority funds.

(d) Verify and report in writing to the Authority and to Members, as of the first day of

each quarter of the Fiscal Year, the amount of money then held for the Authority,

the amount of receipts since the last report, and the amount paid out since the last

report.

Pursuant to Government Code Section 6505.1, the Authority shall designate the

public office or officers or person(s) who shall have charge of, handle, and have access to the

property of the Authority and shall require such officer(s) or person(s) to file an official bond in

amount fixed by the contracting parties.


ARTICLE 98

WITHDRAWAL

a) A Member may withdraw as a party to this Agreement upon written notice

no later than December 31 of the Fiscal Year, effective the end of the Fiscal

Year, to the Authority if it has never become a participant in any Program

or if it has previously withdrawn from all Programs in which it was a

participant.

b) Member’s Program Withdrawal from Programs will be defined in the

specific Program Bylaws.

ARTICLE 109

CANCELLATIONEXPULSION

Notwithstanding the provisions of Article 8, the Board of Directors may:

(a) Cancel Expel any Member from this Agreement and membership in the

Authority, on a two-thirds (2/3) vote of the Board Members present and

voting. Such action shall have the effect of canceling terminating the

Member’s participation in all Programs of the Authority as of the date that

its membership is canceledterminated.

(b) Cancel Expel any Member’s from participation in a Program of the

Authority, without canceling expelling the Member’s membership infrom

the Authority of or participation in other Programs, on a majority vote of


the Board Members present and voting who represent participants in the

Program.

The Board shall give sixty (60) days advance written notice of the effective date for any

cancellation expulsion under the foregoing provisions. Upon such effective date, the Member

shall be treated the same as if it had voluntarily withdrawn from this Agreement, or from the

Program, as the case may be.

ARTICLE 110

EFFECT OF WITHDRAWAL OR CANCELLATIONEXPULSION

Except as provided below, a Member who withdraws or is expelled from this

Agreement and membership in the Authority, or from any Program of the Authority, shall not

be entitled to the return of any payment to the Authority, or of any property contributed to the

Authority.

A Member that has withdrawn from a Program pursuant to Article 9 or that has been

expelled from a Program pursuant to Article 10 shall be obligated for its prorata share of

expenses incurred during the Member’s participation in any Program, including any expenses

unavoidably incurred thereafter. The Authority will return any contribution made by the

Member that exceeds the expenses allocated to that Member.

If a Member’s participation in a Program of the Authority is cancelled with or without

cancellation of membership in the Authority, and such cancellation is effective before the end

of the Fiscal Year for that Program, the Authority shall promptly determine and return to that

Member the amount of any unearned payment from the Member for the Fiscal Year, such

amount to be computed on a pro-rata basis from the effective date of cancellation.

Except as provided above, a Member which withdraws or is cancelled from this

Agreement and membership in the Authority, or from any Program of the Authority, shall not

be entitled to the return of any payment to the Authority, or of any property contributed to the







Authority. However, in the event of termination of this Agreement, such Member may share in

the distribution of assets of the Authority to the extent provided in Article 11 provided.

Those Members who have withdrawn or been cancelled pursuant to Article 9 from any

Program of the Authority during a coverage year shall pay any charges which the Board of

Directors determines are due from the Members for which were incurred during the Member’s

participation in any Program.

In the event of termination of this Agreement, a withdrawn or expelled Member may

share in the distribution of assets of the Authority to the extent provided in Article 12.


ARTICLE 121

TERMINATION AND DISTRIBUTION OF ASSETS

A two-thirds vote of the total voting membership of the Authority, consisting of

Members, acting through their governing bodies, and the voting Board Members from the

Member public entities, is required to terminate this Agreement; provided, however, that this

Agreement and the Authority shall continue to exist after such election for the purpose of

disposing of all claims, distributing all assets, and performing all other functions necessary to

conclude the affairs of the Authority.

Upon termination of this Agreement, all assets of the Authority in each Program shall

be distributed among those Members who participated in that Program in proportion to their

cash contributions and property contributed (at market value when contributed). The Board of

Directors shall determine such distribution within six (6) months after disposal of the last

pending claim or other liability covered by the Program.

ARTICLE 132

LIABILITY OF BOARD OF DIRECTORS, OFFICER, COMMITTEE MEMBERS AND

ADVISORS

The Members of the Board of Directors, Officers, committee members and

advisors to any Board or committees of the Authority shall use ordinary care and reasonable

diligence in the exercise of their powers and in the performance of their duties pursuant to this

Agreement. They shall not be liable for any mistake of judgment or any other action made,

taken or omitted by them in good faith, nor for any action taken or omitted by the agent,

employee or independent contractor selected with reasonable care, nor for loss incurred

through investment of Authority funds, or failure to invest.

No Board of Director, Officer, committee member or advisor to any Board or committee

shall be responsible for any action taken or omitted by any other Board of Director, Officer,


committee member, or advisor to any committee. No Board of Director, Officer, committee

member or advisor to any committees shall be required to give a bond or other security to

guarantee the faithful performance of their duties pursuant to this Agreement.

The funds of the Authority shall be used to defend, indemnify and hold harmless the

Authority and any Board of Director, Officer, committee member or advisor to any committee

for their actions taken within the scope of the Authority. Nothing herein shall limit the right of

the Authority to purchase insurance to provide such coverage as is hereinabove set forth.

ARTICLE 143

BYLAWS

The Board shall adopt Bylaws consistent with this Agreement which shall provide for

the administration and management of the Authority.

ARTICLE 154

NOTICES

The Authority shall address notices, billings and other communications to a Member

as directed by the Member. Each Member shall provide the Authority with the address to

which communications are to be sent. Members shall address notices and other

communications to the Authority to the Executive Director of the Authority, at the office

address of the Authority as set for in the Bylaws.


ARTICLE 165

AMENDMENT

A two-thirds vote of the total voting membership of the Authority, consisting of

Members, acting through their governing bodies, is required to amend this Agreement.

ARTICLE 176

PROHIBITION AGAINST ASSIGNMENT

No Member may assign any right, claim or interest it may have under this

Agreement, and no creditor, assignee or third party beneficiary of any Member shall have any

right, claim or title to any part, share, interest, fund, or asset of the Authority.

ARTICLE 187

EFFECTIVE DATE OF THE AMENDMENTS

Any duly-adopted amendment to this Agreement shall become effective upon the date

specified by the Board and upon approval of any amended Agreement as required in Article

15. Approval of any amendment by the voting governing body of the Members must take place

no later than 60 days following the effective date specified by the Board.

ARTICLE 198

DISPUTE RESOLUTION

When a dispute arises between the Authority and the Member, the following

procedures are to be followed:

(a) Request for Reconsideration. The Member will make a written request to the

Authority for the appropriate committee to reconsider their position, citing the


arguments in favor of the Member and any applicable case law that applies.

The Member can also request a personal presentation to the governing body, if

it so desires.

(b) Committee Appeal. The committee responsible for the program having

jurisdiction over the decision in question will review the matter and reconsider

the Authority’s position. This committee appeal process is an opportunity for

both sides to discuss and substantiate their positions based upon legal

arguments and the most complete information available. If the Member

requesting reconsideration is represented on the committee having jurisdiction,

the committee member shall be deemed to have a conflict and shall be

excluded from any vote.

(c) Executive Committee Appeal. If the Member is not satisfied with the outcome

of the committee appeal, the matter will be brought to the Executive

Committee for reconsideration upon request of the Member. If the Member

requesting reconsideration is represented on the Executive Committee, that

Executive Committee member shall be deemed to have a conflict and shall be

excluded from any vote.

(d) Arbitration. If the Member is not satisfied with the outcome of the Executive

Committee appeal, the next step in the appeal process is arbitration. The

arbitration, whether binding or non-binding, is to be mutually agreed upon by

the parties. The matter will be submitted to a mutually agreed arbitrator or panel

of arbitrators for the determination. If binding arbitration is selected, then of

course the decision of the arbitrator is final. Both sides agree to abide by the

decision of the arbitrator. The cost of arbitration will be shared equally by the

involved Member of the Authority.

(e) Litigation. If, after the following the dispute resolution procedures above either

party is not satisfied with the outcome of the non-binding arbitration process,


either party may consider litigation as possible means of seeking a remedy to

the dispute.

ARTICLE 2019

DEFINITIONS

“Agreement” shall mean the Joint Powers Agreement of the California Mental Health

Services Authority”

“Authority” shall mean the California Mental Health Services Authority created by this

Agreement.

“Board of Directors” or “Board” shall mean the governing body of the Authority.

Authority “Fiscal Year” shall mean that period of twelve months which is established

by the Board of Directors as the Fiscal Year of the Authority.

“Government Code” shall mean the California Government Code.

“Executive Committee” shall be defined by the bylaws, as to composition, powers,

and terms.

“Joint Powers Act” shall mean the Joint Exercise of Powers Act, set forth at Article 1,

Chapter 5, Division 7, Title 1 (commencing with section 6500) of the Government Code.

“Member” shall mean any county or city which, through the membership of its Director

of Mental Health as appointed by the governing body (pursuant to Welfare & Institutions Code

Section 5751) has executed this Agreement and become a Member of the Authority.

“Program” shall mean the mental health initiatives, but not limited to, that are

described in this Agreement. The Board of Directors or the Executive Committee may

determine applicable criteria for determining Member’s eligibility in any Program, as well as

establishing Program policies and procedures.

ARTICLE 210


AGREEMENT COMPLETE

This Agreement constitutes the full and complete Agreement of the parties.


APPENDIX A


BOARD MEMBER /MEMBER ALTERNATE

Butte County Robert Martinez, Board of Director Member Director - Butte County Behavioral Health Superior Region 107 Parmac Road, Suite 4 Chico, CA 95926 Phone: (530) 891-2850 Fax: (530) 895-6549 Email: [email protected]

Butte County Elizabeth Gowan - Alternate MHSA Coordinator - Butte County Behavioral Health Superior Region 107 Parmac Road, Suite 4 Chico, CA 95926 Phone: (530) 891-2887 Fax: (530) 895-6549 Email: [email protected]

Colusa County Edmund Smith Interim Mental Health Director Colusa County Department of Behavioral Health Superior Region 162 E. Carson Street, Suite A Colusa, CA 95932 Phone: (530) 458-0822 Fax: (530) 458-7751 Email: [email protected]

Colusa County William Cornelius, PhD - Alternate Clinical Deputy Director Colusa County Department of Behavioral Health Superior Region 162 E. Carson Street, Suite A Colusa, CA 95932 Phone: (530) 458-0846 Fax: (530) 458-7751 Email: [email protected]

Glenn County Scott Gruendl, MPA Director - Glenn County Health Services Agency Superior Region 242 North Villa Avenue Willows, CA 95988 Phone: (530) 934-6582 Fax: (530) 934-6592 Email: [email protected]

Glenn County Cecilia Hutsell , MPA - Alternate Chief Deputy - Glenn County Health Services Superior Region 242 North Villa Avenue Willows, CA 95988 Phone: (530) 934-6347 Fax: (530) 934-6369 Email: [email protected]

Modoc County Karen Stockton, PhD Director - Modoc County Mental Health Services Superior Region 441 North Main Street Alturas, CA 96101 Phone: (530) 233-6312 Fax: (530) 233-6339 Email: [email protected]

Modoc County Tara Shepherd, MA - Alternate Deputy Director – Modoc County Mental Health Services Superior Region 441 North Main Street Alturas, CA 96101 Phone: (530) 233-6312 Fax: (530) 233-5754 Email: [email protected]


mailto:[email protected]�








Monterey County Dr. Wayne Clark, PhD – Vice President and Bay Area Representative Director - Monterey County Behavioral Health Bay Area Region 1270 Natividad Road Salinas, CA 93906-3198 Phone: (831) 755-4509 Fax: (831) 755-4980 Email: [email protected]

Monterey County Alica Hendricks – Alternate MHSA Coordinator - Monterey County Behavioral Health Bay Area Region 1270 Natividad Road Salinas, CA 93906-3198 Phone: (831) 796-1295 Fax: (831) 796-8533 Email: [email protected]

Placer County Maureen Bauman, LCSW - Secretary Director - Placer County Adult System of Care Central Region 11512 B Avenue Auburn, CA 95603 Phone: (530) 889-7256 Fax: (530) 886-1810 Email: [email protected]

Placer County Lynn Tarrant, LCSW - Alternate Assistant Director - Placer County Adult System of Care Central Region 101 Cirby Hills Drive Roseville, CA 95678 Phone: (916) 787-8830 Fax: (916) 787-8857 Email: [email protected]

Sacramento County Mary Ann Bennett Deputy Director – Department of Health and Human Services Central Region 7001-A East Parkway, Suite 400 Sacramento, CA 95823 Phone: (916) 875-9904 Fax: (916) 875-6970 Email: [email protected]

Sacramento County Ann-Marie Rucker, MBA - Alternate Acting Program Manager, Adult Mental Health Services - Department of Health and Human Services Central Region 7001-A East Parkway, Suite 403 Mail code: 37-400M Sacramento, CA 95823 Phone: (916) 875-1494 Fax: (916) 875-6970 Email: [email protected]

San Bernardino County Mr. Allan Rawland, ACSW, MSW – President Director – San Bernardino Behavioral Health Southern Region 268 West Hospitality Lane, Suite 400 San Bernardino, CA 92415 Phone: (909) 382-3133 Fax: (909) 382-3105 Email: [email protected]

San Bernardino County Thomas CaSonya, MPA, CHC - Alternate Deputy Director – San Bernardino Behavioral Health Southern Region 268 West Hospitality Lane, Suite 400 San Bernardino, CA 92415 Phone: (909)382-3101 Fax: (909) 382-3105 Email: [email protected]










San Luis Obispo County Dr. Karen Baylor, PhD, MFT – Treasurer Behavioral Health Administrator – San Luis Obispo Behavioral Health Department Southern Region 2180 Johnson Ave San Luis Obispo, CA 93401 Phone: (805) 781-4734 Fax: (805) 781-1273 Email: [email protected]

San Luis Obispo County Frank Warren - Alternate MHSA Division Manager - San Luis Obispo Behavioral Health Department Southern Region 2180 Johnson Ave San Luis Obispo, CA 93401 Phone: (805) 788-2055 Fax: (805) 781-1273 Email: [email protected]

Solano County Glenda Lingenfelter, RN Interim Mental Health Director – Solano County Mental Health Division Bay Area Region 275 Beck Avenue, MS 5-250 Fairfield, CA 94533 Phone: (707) 784-8320 Fax: (707) 421-6619 Email: [email protected]

Solano County Jayleen M. Richards, MPA, HSA - Alternate Senior Health Services Manager – Solano County Mental Health Division Bay Area Region 275 Beck Avenue Fairfield, CA 94533 Phone: (707) 784-8320 Fax: (707) 421-6619 Email: [email protected]

Sonoma County Michael Kennedy, MFT Director - Sonoma County Mental Health Bay Area Region 3322 Chanate Road Santa Rosa, CA 95404 Phone: (707) 565-5157 Fax: (707) 565-4892 Email: [email protected]

Sonoma County Rita Scardaci, PHN, MPH - Alternate Director, Health Services – Sonoma County Mental Health Bay Area Region 475 Aviation Blvd. Santa Rosa, CA 95403 Phone: (707) 565-4778 Fax: (707) 565-4892 Email: [email protected]

Stanislaus County Ms. Denise Hunt, MFT – Central Area Representative Director – Stanislaus County Behavioral Health and Recovery Services Central Region 800 Scenic Drive Modesto, CA 95250 Phone: (209) 525-7442 Fax: (209) 525-6291 Email: [email protected]

Stanislaus County Madelyn Schlaepfer, PhD – Alternate Associate Director – Stanislaus County Behavioral Health and Recovery Services Central Region 800 Scenic Drive Modesto, CA 95250 Phone: (209) 525-6225 Fax: (209) 525-6291 Email: [email protected]










Sutter/Yuba County Brad Luz, Ph.D., Board of Director Member Deputy Mental Health Director - Sutter/Yuba Mental Health Services Central Region 1965 Live Oak Blvd. Yuba City, CA 95992 Phone: (530) 822-7200 Fax: (530) 822-7627 Email: [email protected]

Sutter/Yuba County Tom Sherry, MFT – Alternate Director Mental Health – Sutter/Yuba Mental Health Services Central Region 1965 Live Oak Blvd. Yuba City, CA 95992 Phone: 530-822-7200 Fax: 530-822-7627 Email: [email protected]

Trinity County Noel O’Neill, LMFT Director - Trinity County Behavioral Health Superior Region 1450 Main Street Weaverville, CA 96093 Phone: (530) 623-1362 Fax: (530) 623-1447 Email: [email protected]

Trinity County Marlinda O’Diear - Alternate MHSA Director - Trinity County Behavioral Health Superior Region 1450 Main Street Weaverville, CA 96093 Phone: (530) 623-1838 Fax: (530) 623-1447 Email: [email protected]











BYLAWS


BYLAWS of the


TABLE OF CONTENTS

BYLAWS ..................................................................................................................................................... 1

ARTICLE 1 ................................................................................................................................................... 5

Section 1.1 - Purpose .............................................................................................................................. 5 ARTICLE 2 - GOVERNING DOCUMENTS .............................................................................................. 5

Section 2.1 - Governing Documents ...................................................................................................... 5 ARTICLE 3 - MEMBER ENTITIES ............................................................................................................ 5

Section 3.1 - Membership....................................................................................................................... 5 Section 3.2 - Approval of Membership .................................................................................................. 6

ARTICLE 4 - BOARD ................................................................................................................................. 6

Section 4.1 – Board Composition ........................................................................................................... 6 Section 4.2 - Meetings of the Board ....................................................................................................... 7 Section 4.3 - Voting ................................................................................................................................ 7

ARTICLE 5 – OFFICERS OF THE BOARD .............................................................................................. 7

Section 5.1 - Officers .............................................................................................................................. 7 Section 5.2 - Eligibility for President, Vice President, Treasurer and Secretary .................................... 7 Section 5.3 - Terms of Office ................................................................................................................. 8 Section 5.4 - Elections ............................................................................................................................ 8 Section 5.5 - Duties ................................................................................................................................ 8

ARTICLE 6 - COMMITTEES ..................................................................................................................... 9

Section 6.1 – Executive Committee ....................................................................................................... 9 Section 6.2 - Nominating Committee ................................................................................................... 10 Section 6.3 - Other Committees ........................................................................................................... 10

ARTICLE 7 – FINANCIAL AUDIT .......................................................................................................... 10

Section 7.1 - Audit Required ................................................................................................................ 10 Section 7.2 - Filing an Audit ................................................................................................................ 11 Section 7.3 - Costs of Audit ................................................................................................................. 11

ARTICLE 8 - FISCAL YEAR .................................................................................................................... 11

Section 8.1 - Fiscal Year ...................................................................................................................... 11


ARTICLE 9 - BUDGET ............................................................................................................................. 11

Section 9.1 - Budget ............................................................................................................................. 11 ARTICLE 10 - ESTABLISHMENT AND ADMINISTRATION OF FUNDS ......................................... 11

Section 10.1 - Administration of Funds ............................................................................................... 11 Section 10.2 - Deposit and Investment of Authority Funds ................................................................. 11 Section 10.3 - Accounting Method for Pooled Programs ..................................................................... 12

ARTICLE 11 - ADMINISTRATION ......................................................................................................... 12

Section 11.1 - Executive Director ........................................................................................................ 12 Section 11.2 - Compensation and Employment ................................................................................... 12

ARTICLE 12 - PROGRAMS ..................................................................................................................... 13

Section 12.1 - Formation of Programs ................................................................................................. 13 Section 12.2 – Program Withdrawal or Expulsion ............................................................................... 13

ARTICLE 13 – RESPONSIBILITIES OF THE MEMBER ENTITIES .................................................... 14

Section 13.1 – Governing Documents .................................................................................................. 14 Section 13.2 – Timely Payment ............................................................................................................ 14 Section 13.3 – Late Fees ....................................................................................................................... 14 Section 13.4 – Cooperation .................................................................................................................. 14 Section 13.5 – Confidential Records .................................................................................................... 14

ARTICLE 14 - DEFAULTS AND EXPULSION FROM THE AUTHORITY ......................................... 14

Section 14.1 - Events or Conditions of Default Defined ...................................................................... 14 Section 14.2 - Remedies on Default ..................................................................................................... 15 Section 14.3 - Agreement to Pay Attorney's Fees and Expenses ......................................................... 16 Section 14.4 - No Additional Waiver Implied by One Waiver ............................................................ 16

ARTICLE 15 - LEGAL REPRESENTATION........................................................................................... 16

Section 15.1 - Counsel Authorized ....................................................................................................... 16 ARTICLE 16 - EXECUTION OF CONTRACTS ...................................................................................... 16

Section 16.1 - Authorization by Board ................................................................................................. 16 Section 16.2 – Representative and Officers Insurance ......................................................................... 16

ARTICLE 17 ............................................................................................................................................... 17

Section 17.1 – Termination and Distribution ....................................................................................... 17 ARTICLE 18 - NOTICES .......................................................................................................................... 17

Section 18.1 - Notices .......................................................................................................................... 17 Section 18.2 - Claims Against the Authority ........................................................................................ 17


ARTICLE 19 - EFFECTIVE DATE ........................................................................................................... 18

Section 19.1 - Effective Date and Supremacy ...................................................................................... 18 ARTICLE 20 - AMENDMENTS ............................................................................................................... 18

Section 20.1 – Procure to Amend ......................................................................................................... 18


BYLAWS of the


Section 1.1 - Purpose

ARTICLE 1

The CALIFORNIA MENTAL HEALTH SERVICES AUTHORITY (Authority) is established for the purpose of the Members to jointly develop, and fund mental health services and education Programs as determined on a regional, statewide, or other basis. Such Programs may include, but are not limited to the following:

(a) Addressing suicide prevention. (b) Ethnic and cultural outreach. (c) Stigma and discrimination related to mental illness. (d) Student mental health and workforce training and education. (e) The provision of necessary administrative services. Such administrative

services may include, but shall not be limited to, establishing a depository for research materials and information regarding “best practices.”

Section 2.1 - Governing Documents

ARTICLE 2 - GOVERNING DOCUMENTS

The governing documents of the Authority shall be the Joint Powers Agreement of the Authority (Agreement), these Bylaws, and the Bylaws Participation Agreement for each Pprogram developed.

Section 3.1 - Membership

ARTICLE 3 - MEMBER ENTITIES

Each party to the Agreement is a member of the Authority. Only those agencies defined in the Joint Powers Agreement are eligible to become a member of the Authority by agreeing to be bound by the governing documents and by complying with all of the following requirements:

3.1.1 Submit a completed application for membership and indicate method for payment of Application Fee. 30 days before becoming a member. The application must be accompanied by the approved fee.

3.1.2 Submit applicant’s signed resolution acknowledging intent to become a member under the terms and conditions then prevailingcopy of resolution providing authoriation to join CalMHSA;

3.1.3 Execute the Joint Powers Agreement then in effect and agree to be bound by any subsequent amendments to the Agreement;


3.1.4 Be accepted for membership as provided in Section 3.2;

3.1.5 Identify in writing Appoint, by resolution, a director to represent the member on the Board, The directorwho will designate an alternate to the Board as provided in Article 4;.

3.1.6 Ensure all representatives (director and alternate) file with the Executive Director the required Fair Political Practices Commission ("FPPC") forms upon assuming office, during office, and upon termination of office.

Section 3.2 - Approval of Membership

The Executive Director shall review each applicant’s submittal and may schedule a meeting with the applicant to discuss. The Executive Director shall report the results which shall be the basis for the recommendation to the Board. The Board shall either approve, as provided in Section 4.1.3.1, or disapprove the application based upon the Executive Director’s recommendation, the application, and any inspections, reports, or other material which would be pertinent to the decision.

Section 4.1 – Board Composition

ARTICLE 4 - BOARD

4.1.1 The Board of the Authority shall be comprised of one representative from each member. In addition to the director, an alternate is designated by the director, who may vote in the absence of the director.

4.1.1.1 Each representative, when voting on Authority business, shall have the authority to bind his or her member to the action taken by the Board.

4.1.1.2 The member may change any of its representatives (director or alternate) to the Board by filing a resolution with theproviding written notice to Authority.

4.1.1.3 At a Board meeting only one representative, if more than one representative is present, may vote on behalf of the member.

4.1.2 The Board shall provide policy direction for the Executive Committee, and the Executive Director, and other appointed committees. The Board may delegate any of its responsibilities except those requiring a vote by the Board as specified in the Agreement or the Governing Documents.

4.1.3 The Board reserves unto itself the authority to do the following (except where specifically otherwise noted, the majority of the Board members present at a meeting may take action):

4.1.3.1 Accept a new member into the Authority;

4.1.3.2 Approve indebtedness (two-thirds vote of the entire Board);

4.1.3.3 Adopt a budget;

4.1.3.4 Amend these Bylaws; 4.1.3.5 Approve contracts for Authority administrative services and legal counsel;


4.1.3.6 Approve Program Participation Agreements Bylaws (Participants in Program only);

4.1.3.7 Approve dividends and assessments to members of a program year;

4.1.3.8 Establish or terminate a program (Participants in Program only);

4.1.3.9 Expel a member from the Authority (two-thirds vote of the entire Board);

4.1.3.10 Terminate or suspend the rights of a member in default (two-thirds vote of the entire Board); and

4.1.3.11 Approve dissolution of Authority (two-thirds vote of entire Board.)

Section 4.2 - Meetings of the Board

4.2.1 The Board shall hold at least two regular meetings each year to review all operations of the Authority. The Board will establish a time and place to hold such regular meetings and notice shall be sent to each director, alternate. The Authority Secretary shall be responsible for minutes of the meetings, submission of copies of such minutes to the directors, and alternate representatives.

4.2.2 Every member is expected to have its director or alternate attend Board meetings.

4.2.3 All meetings of the Board shall be conducted in accordance with the Ralph M. Brown Act (Government Code §54950 et seq.)

4.2.4 A special meeting may be called by the President or Vice President in the absence of the President, or 20% of the Board members by notifying the Executive Director of the purpose of the meeting. The Executive Director shall provide 24 hours written notice to each director and alternate representative stating the purpose, date, time, and place of the meeting.

Section 4.3 - Voting

All matters within the purview of the Board may be decided by a majority vote of the Board, except for as those matters which are specified as requiring a super majority vote of the Board, which then must be decided by the vote specifically prescribed in Section 4.1.3.

Section 5.1 - Officers

ARTICLE 5 – OFFICERS OF THE BOARD

The Officers of the Authority shall consist of President, Vice President, Treasurer, and a Secretary to the Board.

Section 5.2 - Eligibility for President, Vice President, Treasurer and Secretary

Eligibility for election and continuation in office as President, Vice President, Treasurer and Secretary shall be limited to one representative, of a member entity, to the Board.


Section 5.3 - Terms of Office

5.3.1 The terms of office for the President, Vice President, Treasurer, and Secretary shall be for two years, commencing with the start of the fiscal years in each of the odd calendar years or until their successors are elected.

5.3.2 In accordance with Government Code § 53607 and CalMHSA Investment Policy, the Treasurer (an elected position) shall be appointed every year as the investment delegate by the President of the Board.

Section 5.4 - Elections

5.4.1 Election of officers shall be performed biennially.

5.4.2 As referenced in Section 6.2, after receiving nominations from members of the Board the Nominating Committee shall be responsible for developing a slate of nominees for regular elections.

5.4.3 Elections shall occur at the last regular Board meeting of the fiscal year in which the applicable officer term concludes. Those candidates receiving a majority of votes in each office will succeed to those offices. If no nominee receives a majority vote, the nominee with the least votes shall be deleted as a nominee and a new vote taken. This elimination process will continue until one nominee receives a majority vote. Each director to the Board or in the absence of any member, his/her alternate shall be eligible to vote.

5.4.4 The officers will serve for their elected terms with the Authority or until termination of office or employment with their member, or until removal from office by a majority vote of the Board, whichever is earliest.

5.4.5 Vacancies in any office shall be appointed by the President, with the approval of the Board, at the next regularly scheduled Board meeting held after the vacancy occurs. A vacancy in the position of President shall be filled by election at the next regularly scheduled Board meeting held after the vacancy occurs.

Section 5.5 - Duties

5.5.1 President - The President shall preside at all meetings of the Authority. The President shall appoint the members of all ad hoc committees, which may be formed as necessary or appropriate for carrying on the activities of the Authority. The President shall execute documents, or delegate to the Executive Director on behalf of the Authority as authorized by the Board, and shall serve as the primary liaison between this and any other organization. The President shall serve as ex-officio member of all committees.

5.5.2 Vice President - The Vice President shall also serve as ex-officio member of all committees, when the President is unable to attend. In the absence of or temporary incapacity of the President, the Vice President shall exercise the functions covered in Section 5.5.1 above.


5.5.3 Secretary - The Secretary will be responsible for the oversight of staff’s preparation of all minutes and agendas of the Board, and any other committee meetings, preparing necessary correspondence, and maintaining files and records.

5.5.4 Treasurer - The Treasurer shall be responsible for: 1) ensuring the custody of and disbursement of Authority funds, accounts, and property, in accordance with the California Government Code; 2) supervising the maintenance of such records to assure that financial accounts, records, funds, and property are maintained in accordance with accepted accounting practices and procedures prescribed by the Government Accounting Standards Board; 3) providing for inspection of all financial records; 4) overseeing, monitoring, and reporting on investment action; and, 5) overseeing and monitoring the financial audit.

Section 6.1 – Executive Committee

ARTICLE 6 - COMMITTEES

6.1.1 Members - To facilitate the expeditious handling of transactions relating to the Authority’s operations, an Executive Committee is established. The members shall be: 1) the offices of President, Vice President, Treasurer, Secretary; and 2) five directors representing the five areasregions utilized by CMHDA: Bay Area, Central, Los Angeles, Southern, and Superior. As soon as a region is represented on the Board, the President may appoint a representative for that region, with approval by the Board, to serve until the regular election for that region is held as specified by this paragraph. As soon as there are at least three regional representatives, the Executive Committee will become operational, and will be composed of the four officers and as many regional representatives as have then been elected or appointed. On In July June 1 of each even numbered year, four three of the representatives shall be elected for a two-year term to commence on July 1 of each even numbered year to serve on the Executive Committee along with the President, Vice President, Treasurer and Secretary.. On In July June1 of each odd numbered year, one two representatives shall be elected for a two-year term to commence July 1 of each odd numbered year to serve on the Executive Committee along with the President, Vice President, Treasurer and Secretary. Only the directors for those counties within a region shall be eligible to vote for the representative of that region. A majority of the members of the Executive Committee is a quorum for the transaction of business.

6.1.2 Meetings - The Executive Committee will meet as required by business, but not less than four times a year. Such meetings will be duly noticed to all Board directors and alternate representatives. The Authority Secretary shall be responsible for minutes of the meetings and shall send copies of such minutes to all Board directors, and alternate representatives All meetings of the Executive Committee shall be conducted in accordance with the Ralph M. Brown Act (Government Code § 54950, et seq.).

6.1.3 Duties - The Executive Committee shall have the same authority as that of the Board except for those authorities specifically reserved unto the Board in Article 4.1.3.


6.1.4 Attendance - Attendance of Executive Committee members is essential to conducting the business of the Authority. An Executive Committee member missing a maximum of two meetings in a fiscal year, shall be subject to review by the Board or Executive Committee concerning forfeiture of his/her membership on the Executive Committee.

6.1.5 Vacancies - The remaining term of the vacant representative position shall be appointed by the President, with the approval of the Board, at the next regularly scheduled Board meeting held after the vacancy occurs.

6.1.6 Appeal Process - Any action taken by the Executive Committee may be appealed by a minimum of 20% of the members of the Authority to the Board by filing a written appeal with the Executive Director within 14 days following the date the minutes are mailed as provided in Section 6.1.2. Upon receipt of such appeal, the Executive Director shall stay the action, and place the appeal on the agenda of the next regularly scheduled Board meeting. The decision of the Board shall be final.

Section 6.2 - Nominating Committee

6.2.1. A nominating committee shall be appointed by the President with the consent of the Board for the purpose of annual elections of Executive Committee members and the biennial elections of officers. The Nominating Committee shall consist of a minimum of three and a maximum of five members, and shall not include more than two members of the Executive Committee.

6.2.2. The nomination of candidates for the officers and Executive Committee shall be made in writing to the Board no later than 30 days prior to the last regular Board meeting of the fiscal year. The slate of nominees will be mailed to each member at least seven days before the last regular Board meeting of the fiscal year. Additional candidate(s) may be nominated at the time of the meeting, provided the candidate(s) meet the requirements set forth in Sections 5.4 and 6.1.

Section 6.3 - Other Committees

6.3.1. At any time the President may appoint an ad hoc committee.

6.3.2 The Executive Committee has the authority to add additional committee(s) as deemed necessary.

Section 7.1 - Audit Required

ARTICLE 7 – FINANCIAL AUDIT

The Board shall cause to be made, by a qualified, independent individual or firm, an annual audit of the financial accounts and records of the Authority. By unanimous request of the Board, the audit may be biennial as permitted by Government Code section 6505, subdivision (f). The minimum requirements of the audit shall be those prescribed by State law.


Section 7.2 - Filing an Audit

The financial audit report shall be filed with the State Controller's Office within 6 months of the end of the fiscal year(s) under examination. The Authority shall have a copy of the audit report filed as a public record with each member.

Section 7.3 - Costs of Audit

The Authority shall bear all costs of the audit. Such costs shall be charged against the operating funds of the Authority.

Section 8.1 - Fiscal Year

ARTICLE 8 - FISCAL YEAR

The fiscal year of the Authority shall be the period from July 1st of each year through June 30th of the subsequent year.

Section 9.1 - Budget

ARTICLE 9 - BUDGET

The Board shall adopt an annual budget by July 1 of each year, with receipt of a draft budget forty-five days prior thereto.

Section 10.1 - Administration of Funds

ARTICLE 10 - ESTABLISHMENT AND ADMINISTRATION OF FUNDS

The Authority is responsible for the strict accountability of all funds and reports of all receipts and disbursements. It shall comply with every provision of law relating to the subject, particularly Section 6505 of the California Government Code, and any other regulations that become applicable based on the source or nature of funding received.

The funds received for each program shall be accounted for separately on a full-accrual basis. The portion of each program contribution allocated for payment of expenses, if any, shall be held by the Authority for the program participants for each program, and accounted for as prescribed by each Pprogram bylawsParticipation Agreement.

Section 10.2 - Deposit and Investment of Authority Funds

The Treasurer may deposit and invest Authority funds, subject to the same requirements and restrictions that apply to the deposit and investment of the general funds in accordance with California Government Code and in accordance with the Investment Policy annually.


Section 10.3 - Accounting Method for Programs

The accounting method for each Pprogram will be in accordance with the provisions of the Bylaws Participation Agreement governing that program Program and the principles established by the Government Accounting Standards Board.

Section 11.1 - Executive Director

ARTICLE 11 - ADMINISTRATION

The Board shall appoint the Authority’s Executive Director. The Executive Director shall be responsible for the daily administration, management, and operation of the Authority's programs and shall be subject to the direction and control of the Board and the Executive Committee. The Executive Director may, but need not be, an employee of the Authority, a consultant, or a corporation. Such arrangement shall be governed by contract and approved by Board.

Section 11.2 - Compensation and Employment of Executive Director

The Authority shall compensate the Executive Director for services rendered to the Authority in such amount and manner as may be approved by the Board. Details respecting compensation, termination, and other employment related matters pertaining to the Executive Director shall be governed by such terms and conditions as the Board shall establish.

Section 11.3 – Authority of the Executive Director to Execute Contracts

The Board may delegate authority to the Executive Director to execute certain contracts on behalf of the Authority, either as to particular contracts specified by the Board, or as to particular categories of contracts as specified by the Board.

Section 11.4 – Program Director

The Board, or the Executive Director if authorized by the Board, may retain a Program Director to assist CalMHSA in setting goals and priorities; developing and managing the Authority’s programs and projects; interacting with the state, counties, stakeholders and consumers on behalf of the Authority; contracting with and monitoring contractors; keeping the Authority’s Board informed of CalMHSA activities; and reporting to the California Department of Mental Health and the Mental Health Services Oversight and Accountability Commission.

Section 11.5 – Compensation and Employment of Program Director

The Authority shall provide for compensation of the Program Director if retained directly by the Authority, or if the Program Director is retained by the Executive Director, the contract with the Executive Director may be adjusted on such terms and conditions as the Board may establish to take into account the Executive Director’s obligation to compensate the Program Director.

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Section 12.1 - Formation of Programs

ARTICLE 12 - PROGRAMS

12.1.1 The Authority may establish, as provided in Section 4.1.3.8, programs in such areas as the Board may determine.

12.1.2 The Authority may authorize and use administrative funds to study the development/feasibility of new programs. In the event of such development, the estimated member contributions shall be developed by the Executive Director and presented in writing to each member. Each member shall have 60 days from the date of such noticeeach member will be given a stated time period to state in writing its intent to join or refrain from joining whether it intends to participate in the new program. Unless written notice of acceptance intointent to participate in a program is provided to the Executive Director by the member, it shall be presumed that the member declines to participate in the program. Upon conclusion of the notice period, member contributions will be determined and billed to the members committed to join. Each member that elects to participate will be bound to the new program for the period of time so required by the Bylaws ofParticipation Agreement for that program.

12.1.3 The Board shall adopt and maintain Program Bylawsa Participation Agreement to establish the operating guidelines of the each program.

Section 12.2 – Program Withdrawal or Expulsion

12.2.1 Withdrawal or expulsion by a member from any program shall be in accordance with the provisions of the BylawsParticipation Agreement governing that pProgram.

12.2.2 The withdrawal or expulsion of any member of any Pprogram after the effective date of such Pprogram shall not terminate its responsibility to contribute its share of contributions to any fund or Pprogram created by the Authority. All current and past members shall be responsible for their respective share of the expenses, as determined by the Executive Director, until all unpaid liabilities, covering the period of the member’s participation in the Pprogram, have been finally resolved and a determination of the final amount of payments due by, or credit to, the member for the period of its participation has been made. The withdrawal or expulsion of any member from any Pprogram shall not require the repayment or return to that member of all or any part of any contributions, payments, advances, or distributions except in conformance with the provisions set forth herein and in the Pprogram’s BylawsParticipation Agreement.

12.2.3 Any member seeking to withdraw without proper and effective notice shall be responsible for the full cost of the subsequent year’s contribution, and the notice will be deemed effective for the following year. The notice required to withdrawal from a program shall be stated in each program’s Participation Agreement, but in the absence of such provision shall be 6 months.

12.2.4 No member can be expelled from a program except as provided by Article 14 of these Bylaws.


Section 13.1 – Governing Documents

ARTICLE 13 – RESPONSIBILITIES OF THE MEMBER ENTITIES

Each Member Entity shall comply with the provisions of the governing documents.

Section 13.2 – Timely Payment

Each Member Entity shall timely pay all premiums, fees, charges and assessments imposed or levied by the Authority.

Section 13.3 – Late Fees

Members with delinquent amounts due shall be assessed a penalty which shall be one percent of the unpaid amount due and payable to the Authority 30 days after the initial invoice due date. A penalty of another one percent shall accrue after an additional 45 days. Interest shall accrue on all delinquent amounts due and payable to the Authority at the applicable rate of 5% per annum from the due date of the billing until the date finally posted by the designated financial institution. Each member shall indemnify the Authority from any expense resulting from its failure to pay the sum due on or before the due date. The Board may elect to temporarily suspend service or other deliverables, as deemed appropriate if a member fails to pay its contribution. For the purpose of assessing penalties and interest, the fee calculation shall be based on each calendar day the delinquent amount is late and not withstanding the foregoing no late fee or other charge shall exceed the maximum authorized by law.

Any late fee assessed in accordance with the provisions of this Section may be appealed. Such appeal shall be in accordance with the Authority’s Dispute Resolution Policy.

Section 13.4 – Cooperation

13.4.1 Each Member Entity shall provide the Authority with requested information and assistance in order to fulfill the programs under this Agreement.

13.4.2 Each Member Entity shall in all ways cooperate with and assist the Authority in all matters relating to this Agreement and comply with the policies, procedures and rules promulgated by the Authority.

Section 13.5 – Confidential Records

Each Member Entity shall maintain all confidential records in accordance with state regulations under the California Government Code § 6250, et seq., the California Public Records Act.

Section 14.1 - Events or Conditions of Default Defined

ARTICLE 14 - DEFAULTS AND EXPULSION FROM THE AUTHORITY

14.1.1 The following shall be "defaults" under the Agreement and these Bylaws:


14.1.1.1 Failure by a member to observe and/or perform any covenant, condition, or agreement under the Governing Documents.

14.1.1.2 Consistent failure to: attend meetings, submit requested documents and cooperate in the fulfillment of the program objectives;

14.1.1.3 Failure to pay any amounts, including penalties and interest, due to the Authority for more than 30 days;

14.1.1.4 The filing of a petition applicable to the member in any proceedings instituted under the provisions of the Federal Bankruptcy Code or under any similar act which may hereafter be enacted; or

14.1.1.5 Any condition of the member which the Board believes jeopardizes the financial viability of the Authority.

Section 14.2 - Remedies on Default

14.2.1 Whenever any event of default referred to in Section 14.1 of this article shall have occurred, it shall be lawful for the Authority to exercise any and all remedies available pursuant to law or granted pursuant to the Agreement and these Bylaws. However, no remedy shall be sought for defaults, until the member has been given 30 days written notice of default from the Board, except defaults under Sections 14.1.1.4 and 14.1.1.5.

14.2.2 Expulsion of a Member Entity from the Authority:

14.2.2.1 The Board, as provided in Section 4.1.3.1, may expel any member (from the Authority) that is in default, as defined in Section 14.1.1 of this Article.

14.2.2.2 Such expulsion shall be effective on the date prescribed by the Board, but not earlier than 30 days after written notice of expulsion has been personally served on or sent certified mail to the member.

14.2.2.3 The expulsion of any member from any program shall not terminate the member’s responsibility to contribute its share of contributions or funds to any fund or program created by the Authority, nor its responsibility to provide requested data. All current and past participants shall be responsible for their respective share of the expenses, as determined by the Executive Director, until all unpaid liabilities, covering the period of the participant's participation in the program have been finally resolved and a determination of the final amount of payments due by, or credit to, the participant for the period of its participation has been made.

14.2.3 Cancellation ofExpulsion from a Program:

14.2.3.1 Upon the occurrence of any default, the Board may temporarily cancel terminate all rights of the defaulting member in any program in which such member is in default until such time as the condition causing default is corrected.

14.2.3.2 Upon the occurrence of any default, the Board, as provided in Section 4.1.3.10, may cancel terminate permanently all rights of the defaulting member in any program in which such member is in default.


14.2.4 No remedy contained herein is intended to be exclusive. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or shall be construed to be a waiver thereof.

Section 14.3 - Agreement to Pay Attorney's Fees and Expenses

In the event either the Authority or a member entity is in breach of the Agreement and the other party employs attorneys or incurs other expenses for the collection of moneys or the enforcement of performance or observance of any obligation under the Agreement on the part of the defaulting party, the defaulting party shall pay to the other party the reasonable fees of such attorneys and such other expenses so incurred by the other party.

Section 14.4 - No Additional Waiver Implied by One Waiver

In the event any condition contained in the governing documents is breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder.

Section 15.1 - Counsel Authorized

ARTICLE 15 - LEGAL REPRESENTATION

Legal counsel, to advise on matters relating to the operation of the Authority, may be recommended by the Executive Director and approved by the Board.

The Authority shall have the right to pay such legal counsel reasonable compensation for said services.

Section 16.1 - Authorization by Board

ARTICLE 16 - EXECUTION OF CONTRACTS

The Board or Executive Committee may authorize the Executive Director, any officer or officers, agent or agents, to enter into any contract or execute any instrument in the name and on behalf of the Authority and such authorization may be general or confined to specific instances. Unless so authorized by the Board, no officer, agent, or employee shall have any power or authority to bind the Authority by any contract or to pledge its credit or to render it liable for any purpose or to any amount.

Section 16.2 – Representative and Officers Insurance

The Authority may purchase insurance indemnifying the Directors, Officers, and Administrative staff for personal liabilities arising out of wrongful acts in the discharge of their duties to the Authority or may elect to self-insure such risk.


Section 17.1 – Termination and Distribution

ARTICLE 17 – WITHDRAWAL, EXPULSION AND TERMINATION

The Agreement, these Bylaws, and the Authority continue to exist after termination for the purpose of disposing of all claims, distribution of assets, and all other functions necessary to conclude the obligations and affairs of the Authority. Section 17.2 – Distribution Upon Termination of the Authority Upon termination of the Authority, the assets of the Authority shall be distributed and apportioned among the member entities that have been members in its programs, including those member entities which previously withdrew or were expelled pursuant to Articles 13 and 14 of these Bylaws, and as provided by the Program BylawsParticipation Agreements. Any additional funds received after the above distributions are made shall be returned in proportion to the contributions made. Section 17.3 – Distributions to a Member Withdrawn or Expelled from a Program If a member withdraws or is expelled from a Program, the Authority shall return any Program contributions by the member, but only to the extent that the member’s contribution to that Program exceeds the Program expenses fairly allocable to the Member based on its proportionate contribution and period of participation. Section 17.4 - Distributions to a Member Withdrawn or Expelled from the Authority If a member withdraws or is expelled from the Authority, the Authority shall return any contributions by the member, but only to the extent that the member’s contribution to the Authority exceeds the Authority’s expenses fairly allocable to the Member based on its proportionate contribution and period of participation in the Authority.

Section 18.1 - Notices

ARTICLE 18 - NOTICES

Any notice to be given or to be served upon any party hereto in connection with these Bylaws must be in writing (which may include facsimile) and will be deemed to have been given and received when delivered to the address specified by the party to receive the notice. Any party may, at any time by giving five days prior written notice to the other parties, designate any other address in substitution of the foregoing address to which such notice will be given. Section 18.2 - Claims Against the Authority

Claims against the Authority shall be presented to the mailing address of the Authority.





Section 19.1 - Effective Date and Supremacy

ARTICLE 19 - EFFECTIVE DATE

These Bylaws shall be effective immediately upon the date of approval and upon adoption shall supersede and cancel any prior Bylaws and/or amendments thereto. However, the adoption of these Bylaws shall not affect the Agreement or any amendments to it. Any clauses in these Bylaws that are inconsistent with the Agreement shall be superseded by those clauses in the Agreement but only to the extent of the inconsistency.

Section 20.1 – Procure to Amend

ARTICLE 20 - AMENDMENTS

These Bylaws may be amended or repealed from time to time as provided in Section 4.1.3.4 provided, however, that at least 30 days prior to the taking of such action, written notice has been given to each director, alternate representative, and substitute alternate representative (if applicable).


ADMINISTRATIVE MATTERS Agenda item 9.C.

SUBJECT: Program Participation Agreement


The CalMHSA Staff is suggesting the Board adopt and maintain a Program Participation Agreement for its Members and Partner Counties. This Agreement will establish the operating guidelines for County participation in each program.

The following are proposed changes from legal counsel to Article 12.1.2:

12.1.2 The Authority may authorize and use administrative funds to study the development/feasibility of new programs. In the event of such development, the estimated member contributions shall be developed by the Executive Director and each member will be given a stated time period to state in writing whether it intends to participate in the new program. Unless written notice of intent to participate in a program is provided to the Executive Director by the member, it shall be presumed that the member declines to participate. Upon conclusion of the notice period, member contributions will be determined and billed to the members committed to join. Each member that elects to participate will be bound to the new program for the period of time so required by the Participation Agreement for that program.

A draft Program Participation Agreement is being drafted by legal counsel and will be distributed prior to the meeting for Board review.

RECOMMENDATIONS:



• To Be Distributed Under Separate Cover


ADMINISTRATIVE MATTERS

Agenda item 9.D.

SUBJECT: CalMHSA Vision and Purpose Statements


At the May 13, 2010 Board meeting, the group decided to table the discussion regarding the CalMHSA Vision and Purpose Statements. The group collectively decided to review both Statements in the next consecutive Board meeting.

RECOMMENDATIONS:



• CalMHSA Vision Statement*

• CalMHSA Purpose Statement*




FINANCIAL MATTERS

Agenda item 10.A.

SUBJECT: Consideration of CalMHSA Financial Audit


In accordance with Article 7, Section 7.1 of the draft Bylaws, “The Board shall cause to be made, by a qualified, independent individual or firm, an annual audit of the financial accounts and records of the Authority. The minimum requirements of the audit shall be those prescribed by State Law.”

The transactions for the initial fiscal year ending June 30, 2010 have been limited to formation costs and government code permits local agencies to have a biennial audit. In preparation for today’s meeting, staff has contacted an independent financial auditor, James P. Marta, CPA, to provide an estimate for an annual audit and the feasibility of conducting the first audit as of June 30, 2011, the following fiscal year.

Staff is requesting direction from the Board to contract with James P. Marta, CPA, (the proposal fees have been requested) for an annual or biennial audit, or submit request for proposals for financial audit services. The benefits of a biennial audit are savings of cost and reduction of staff time. It is anticipated it would only occur the one time.

RECOMMENDATIONS:



None


CalMHSA – GENERAL DISCUSSION Agenda item 11.A.

SUBJECT: Report from CalMHSA Executive Director – John Chaquica


CalMHSA Executive Director, John Chaquica, will provide general information and updates regarding the JPA.

RECOMMENDATIONS:



None


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