Q z w z -- ~ H fn FC ~ W ~ H ~ r3 u~ ~ rn ~ O ~ ~ U 61 w - C~ U1 • O a ~`'~ a w ~ Q Q z a o a H 00 o u i~ N Pq C!1 ~, ~ z H ~ a ~ • N ~ w a N ~~' oz w ~ z ~ a o o ~~ a ~ Q a , Q FG o z o O W w W H O `~ a ~ ~ ORDER NU. ~6~~~ REAF'p'O I N'TMENT OF D R. SAM JUNN.I N l-U l"HE HTLL COUNTRY COMMUNITY MHMR CENTER HOARD OF TRUS~7EES Un this the lath day of September the Court unanimously approved by reappointing Dr. Sam .7unkin, to t MHMR Center Boar^d of ~f~r~_tstees and 199`x, s_~pon motion made by ~.. ... ~.~~~L17 C:' Lr'lri 157, a VOtC 8f 4-rb-~: se Hill t:ountr' y ~~"...- _ . as_tthori~e the Cosanty Js_~dge to sign Board Appointment Form. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Fred Henneke OFFICE: County Judge MEETING DATE: September 13, 1999 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss reappointment of Dr. Sam Junkin to the Hill Country Community M~IlVIR Center Board of Trustees. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) i IAME OF PERSON ADDRESSING THE COURT: County Judge ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towazds you request being addressed at the eazliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. HILL COUNTRY COMMUNITY MHMR CENTER ADMINISTRATIVE OFFICES 1901 Dutton Drive, Suite D 819 Water Street, Suite 300 P.O. Box 1169 Kerrville, Texas 78028 San Maroon, Texas 78667-1169 Tel: (830) 792-3300 Tel: (512) 558-2000 Fax: (830) 792-5771 Fax: (S 12) 392-1628 BOARD OF TRUSTEES Chairman: Judge David Montgomery searsaty~rrrasurer. Commissioner John Kight Ms. Tarnmye Carpinteyro Commissioner Jack Dawson Dr. Kim Graham Dr. Sam Junkin Ms. Margie Moore Judge Tommy R¢ardon Mr_ Louy Younis EXECUTIVE DIRECTOR Janis Beck, M.Ed. August 16, 1999 The Honorable Fred Henneke 700 Main Kerrville, Texas 78028 Subject: Hill Country Community MI-IMR Center Board of Trustees Appointment Dear Judge Henneke, After many months of hard work by the nineteen County Judges who sponsor Hill Country Community MI~ViR Center (Hiill Country CMHIVIRC), the Charter Board of the Center began its work in February, 1997. The work of this Board led to the creation of Hill Country CNI~~VVIRC on September 1, 1997. As you know, this change primarily involved a change in governance; specifically, the transition from being operated directly by the state to being governed by a Board of Trustees which is appointed by the involved counties. Dill Country has been very fortunate to have a stable, hard working Board. This has contributed greatly to our success. The Bill Country Organizational Plan (see attached) calls for the Charter Board to be comprised of four members with one year terms and five members with two year terms (terms began September 1, 1997). The two year term of Dr. Sam Junkin, who represents Ken County expires August 31, 1999. In order to assure adherence with the Organizational Plan and continued representation of your county on the Board, I need for you to determine how Kerr County would like to proceed. The following options are available: Dr. Junkin can be reappointed the Organizational Plan allows for unlimited reappointment); or 2) You, as County Judge, may assume the appointment yourself; or 3) You may post notice for persons interested in membership on the Board of Tlustees. (Please note there are requirements for notices of vacancies and for the appointment process). Serving-Bandera, Blanco, Corral, Edwards, Gillespie, Hays, Katdall, Kerr, Kimble, Kirmey, Uano, Mason, Medina, Marard, Real, Sdrleidrer, Sutton, Uvalde & Val Verde Counties Enclosed you will also find a Board Appointment Form for your signature. Please return this form in the envelope provided at your convenience. Please inform me or Tammy Hunter, Liaison to the Board (512-558-2000), of your decision. Staff stand ready to assist you in any way. Please feel free to contact me, Janis Beck or Tammy Hunter if you need further information. Sincerely, vid Mon gom ry Chairman, Board of Trustees Hill Country Community MH1VIlt Center xc: Dr. Sam Dunkin, Board Member Janis Beck, Executive Director Tammy Hunter, Board Liaison HILL COUNTRY COMMUNITY MENTAL HEALTH AND MENTAL RETARDATION CENTER BOARD APPOINTMENT FORM I, Fred Henneke, the County Judge of Kerr County do hereby appoint the following member to serve on the Board of Trustees for Hill Country Community 1VI1=SIR Center effective September 1, 1999. Appointee: Approved By: Fred Henneke Kerr County Judge PART IV ORGANIZATION PLAN A. ORGANIZATIONAL STRUCTURE: BOARD OF TRUSTEES A Board of Trustees will be appointed by the governing bodies of Bandera, Blanco, Comal, Edwards, Gillespie, Hays, Kendall, Kerr, Kimble, Kinney, Llano, Mason, Medina, Menard, Real, Schleicher, Sutton, Uvalde and Val Verde Counties for the purpose of operating a community mental health and mental retardation center (CMHMRC). A CMHMRC is an agency of the State, a governmental unit, and a unit of local government as defined and specified by Chapters 101 and 102, Civil Practice and Remedy Code, and a local government as defined by Section 3, the Inter-local Cooperation Act (Article 4413 (32C), Vernon's Texas Civil Statutes. In order to ensure equitable representation, the following method was used for the appointment of the Hill Country Community MHMR Center's Board of Trustees. Each of the four most populous counties were allocated one member. The combined population of these four counties was then subtracted from a total population of all nineteen counties. The remainder was divided by five, the maximum number of Board of Trustee memberships available. This brought the total members to nine, the maximum number allowable by statute. This average population was then used to configure the remaining fifteen counties. In addition to population, these groupings were determined by natural affiliation and contiguous borders. The groupings ranged from combinations of six counties to one county. BOAR ('OMPOSITIOlN The Hill Country Community MHMR Center's Board of Trustees shall be composed of nine (9) members. One member of the Board shall be appointed from the following counties: 1) Edwards Kimble Mason Menard Schleicher Sutton One member of the Board shall be appointed from the following counties: 2) Kinney Real Uvalde One member of the Board shall be appointed from the following counties: 3) Blanco Gillespie Llano One member of the Board shall be appointed from the following counties: 4) Bandera Kendall One member of the Board shall be appointed from each of the following counties: 5) Val Verde 6) Medina 7) Kerr 8) Hays 9) Comal A member must be a qualified voter and maintain primary residence in the region to be served by the centers. Validity of eligibility is the responsibility of the appointing entity. TERM Charter Board -The appointing authorities shall designate four members to serve one (1) year terms and shall designate the remaining members to serve two (2) year terms. Subsequent Boards -Appointments made to the Board of Trustees will be for a period of two (2) years, with the exception that appointments made to fill unexpired terms will be for the remainder of the unexpired term. 2 1~IQTICF~QIE! YACAN~IF.~ Subsequent Boards - At least one (1) month prior to the next meeting of the Hill Country Community MHMR Center's Board of Trustees, at which Board of Trustees members will be appointed, each sponsoring entity will post notice of such vacancy in their Courthouse and will post a brief notice in the legal notice section of their local newspaper if there is a newspaper published in the County. Eligibility requirements will be included in the notice. Application for Board of Trustees membership may be made by any eligible individual to a member of the sponsoring entity. Applications may be verbal or written. Documentation of all applications will be maintained by the receiving sponsoring entity for one year. All applications will be considered when Board of Trustees appointments are made. AP>~OiNTME1YT The appropriate County Judge(s) [and/or Commissioners' Court(s)] will review all applications from that county or region for membership on the Board of Trustees and will select the appointee. 2. If the Board appointment will represent a region composed of more than one county, that appointment will be approved by consensus of the involved County Judges. If a consensus cannot be reached, the applicant will be approved by simple majority vote. When an applicant is approved, the recommending Judge will notify the appointed individual with a letter of appointment which includes the following: a. the effective date of the appointment; b. a general description of duties; and c. a description of training requirements. REAP~QIIYTME1~tT Board members may be reappointed. 3 TKAINIL~LG At the time of appointment, each Board of Trustees member will be given written notice of training requirements and must agree to such requirements: 1. Each year all members will attend (4) hours of training provided by professional staff members of the CMHMRC. 2. Prior to assuming office, each Board member will attend a four (4) hour training session provided by the Center's professional staff which includes information relating to the following: a. the enabling legislation which created CMHMRCs; b. the programs the CMHMRC operates; c. the CMHMRCs budget for the fiscal year; d. the results of the most recent formal audit of the CMHMRC; e. the Open Meeting Law and Open Records Law (Vernon's Civil Statutes Articles 6252-17 and 6252-17a); f. Any ethics policies adopted by the center. II~LI~IBI .ITY Not withstanding eligibility gained by meeting criteria in the previous section titled "Eligibility", an individual becomes ineligible for Board of Trustees membership if he/she or any person related to a prospective member within the second degree of affinity, third degree of consanguinity or an immediate in-law: 1. Owns or controls, directly or indirectly, more than 10% interest in a business entity or other organization receiving funds from the CMHMRC by contract or other method. 2. Uses or receives a substantial amount of tangible goods or funds from the CMHMRC other than: a. compensation or reimbursement authorized by law for Board of Trustees membership, attendance, or expenses relevant to meetings, training sessions, conferences, and other Board activities and services to the CMHMRC; or b. as a consumer or as a family member of a person receiving services from the CMHMRC. 4 PB4HIBIT~D A~TLYLTIE~ Members of the Board of Trustees may not: 1. Refer for services a client or patient to a business entity owned or controlled by a member of the Board of Trustees, unless the business entity is the only business that provides the needed services within the jurisdiction of the Hill Country Community MHMR Center; 2. Use Hill Country Community MHMR Center in the conduct of a business entity owned or controlled by that member; 3. Solicit, accept, or agree to accept from another person orbusiness entity a benefit in return for the member's decision, opinion, recommendation, vote, or other exercise of discretion as a local public official or for a violation of a duty imposed by law; 4. Receive any benefit for the referral of a client or patient to Hill Country Community MHMR Center or to another business entity. Appoint, vote for, or confirm the appointment of a person to a paid office or position with Hill Country Community MHMR Center if the person is related to a member of the Board of Trustees by affinity within the second degree or by consanguinity within the third degree. 6. Solicit or receive a political contribution from a supplier or contractor with Hill Country Community MHMR Center. After the beginning of each fiscal year, the Board of Trustees will elect the following from its members: Chairperson -This individual will convene, moderate and end each meeting of the Board of Trustees; create and assign members to subcommittees; call special meetings of the Board when necessary; and sign minutes of meetings. 2. Vice-Chairperson -This individual will assume the duties of the Chairperson in his/her absence. 5 3. Secretary -This individual will oversee records of Board of Trustee member's training; oversee timely and proper notice of regular and special meetings of the Board of Trustees; oversee the distribution of minutes of meetings and agendas; and sign minutes of meetings. Individuals appointed to the Board of Trustees become local government officials by virtue of such appointment and, as such, are subject to requirements of Chapter 171, Local Government Code. The Board of Trustees will have special meetings as called by the Chairperson. All meetings of the Board of Trustees will be open to the public to the extent required and in accordance with the general law of this State requiring meetings of governmental bodies to be open to the public. A majority of the membership of the Board of Trustees will constitute a quorum for the transaction of business. Five (5) members constitute a majority of the Board of Trustees. Matters before the Board of Trustees will be decided by a simple majority vote of a quorum. The Board of Trustees will keep a record of its proceedings in accordance with the general law of this State that requires meetings of governmental bodies to be open to the public, and the record is open to inspection by the public in accordance with that law. The Chairperson of the Board of Trustees will approve written minutes of each meeting and sign the document. The Secretary of the Board of Trustees will sign the minutes and assure that copies are distributed to the Central Office of TDMHMR, each of the Board members, and to each County Judge in the Hill Country via U.S. Postal Service. RE_QLIIRFD RFPRESENTATI9N In order to reflect the ethnic diversity of our service area and to assure consumer input, the 6 Charter Board of Trustees and each successive Board of Trustees will include one or more consumer of services or family member, and one or more or members of an ethnic minority. In order to assure appointing the most qualified individual to those positions, the County Judge(s) and/or the respective Commissioner's Court(s) will mutually agree upon appointment of the required members. RF,MOVAI. FRQMSHE_BOARn OF TRUS_TEE~ A. Grounds for removal from the Board of Trustees are as follows: Violations of Chapter 171, Local Government Code. 2. Ineligibility for Board of Trustees appointment at the time of the appointment as defined by the section titled "Eligibility". 3. Failure to maintain eligibility requirements as defined by the section above entitled "Eligibility". 4. Failure to maintain an acceptable standard of attendance at meetings, demeanor, and contribution to the obligations of the Board of Trustees, as determined by a majority of the Board of Trustees. 5. Failure to execute the affidavit as specified in the section below titled "Affidavit". B. Procedure for removal from the Board of Trustees is as follows: Allegations of Board of Trustees member's conduct, unsuitability, or ineligibility will be accepted by the Chairperson, unless the Chairperson is the object of the allegation. In such case, the Vice-Chairperson will accept the allegation. 2. The Chairperson will appoint athree-member subcommittee to investigate the allegations, unless the Chairperson is the object of the allegation. In such case, the Vice-Chairperson will appoint the subcommittee. The subcommittee will report its findings to the Board of Trustees in closed session within 45 days. 4. Following the subcommittee's report, the Chairperson will request a motion in response to the report. If the Chairperson is the object of the report, the Vice-Chairperson will request the motion. 5. In the event a majority of a quorum of the Board of Trustees vote(s) to recommend removal of the member in question, a letter recommending withdrawal of appointment signed by those members recommending removal will be sent to the County Judge(s) from the county or region which recommended the member for appointment. 6. The County Judge(s) from the county or region may appeal the removal decision within two weeks. The Board of Trustees would then hold a removal hearing involving the involved County Judge(s) and following this hearing would again, by a majority of a quorum, remove or retain the Board member. 7. Should the Board member be removed, the member will be notified imediately, in writing, by the .County Judge(s) who made the original recommendation for appointment. 8. The Board of Trustees will not remove members except on grounds listed in these rules. RF.SI ~NATIOLY 1. Members may resign from the Board of Trustees for any reason. 2. Resignations will be written and submitted to the appropriate County Judge or Judges with a copy to the Chairperson. 3. Resignations will not be rejected. 4. Resignations will be effective the date of the written notification. REIDZBIIBSElYIE1~1T 1. Board of Trustees members may not be reimbursed for services performed for the Board of Trustees and the CMHMRC. 2. Board of Trustees members may authorize for themselves mileage, per diem and other expenses relevant to meetings, training sessions, conferences, and other activities relevant to Board of Trustees activities and service to the CMHMRC. AEFII?AYiT Not later than the date on which a member of the Board of Trustees takes office by appointment or reappointment and not later than the anniversary of that date, each member shall annual execute and file with the CMHMRC an affidavit knowledging that the member has read t is ocu -~zr Ri ar Evans George E. ars d r Co ~i Blanco County Judge rter Casteel Neville G. Smart, Jr. Comal unty Judge Edwards County Judge Mark Stroeher Gillespie County Judge James W. Gooden Ke all Count Judge eO ~ Delbert Roberts Kii~le County Judge Eddy Ethe ge a s County Judge R bert Dens K rr County Judge ommy Searg Kinney County ud e Tommy Rear on County Judge a n County Judge ~ O nntanmPrv harles Chil ers Medina Co~n1< _Ju G. W: i igear Re 1 County Jud ~~w Carla Garner Sutton County Judge ~~ Kir rtck al de County Judge Menard Count Judge jJohnny F. nffin leiche Co ty J `~~ ~ William R. Mitchell Uvalde County Judge 9