ORDER N0. '7151 RF'F'ROVRL OF THE RE--RGF'OINTMENT OF DR. SAM JUNI;IN RS I:ERR COUNTY MEMBER OF THE HILL COUNTRY COMMUNITY M. H.M.R CENTER RORRD OF TRUSTEES On this tha 'E3rd day of J~.ily '?0Qi1, ~_ipon motion made 6y Commissioner Let z, seconded by Comniissioner• Baldwin, the Co~_irt unanimously approved 6y a vote of 4-0-Q~, of the r•e-appointment of Dr-. Sam Junkie as F:er•r• County Member of the Hill Co~.tntr'y Comm~_~nity M. H.M.R Center Roar•d of Tr~_istees. 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 as representative for Kerr County on the Board of Trustees for Hill Country Community MHMR Center effective September 1, 2001. Appointee: ~/' SQn.._ ~i_e.ti~ Approved By: red Henneke Kerr County Judge PLEASE RETURN IN THE EVELOPE PROVIDED BY AUGUST 15, 2001. 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 Henn OFFICE: MEETING DATE: July 23.2001 SUBJECT: (PLEASE BE SPECIFIC) County Judge TIME PREFERRED: Consider and discuss re-appointment of Dr. Sam Dunkin as Kerr County member of the Hill Country Community MHMR Center Board of Trustees. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: 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 prepazed 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. County Jude HILL COUNTRY COMMUNITY MHMR CENTER ADMINISTRATIVE OFFICES 1901 Dutton Dave, Suite D 819 Water Street, Suite 300 P.O. Box 1169 Kerrville, Texas 78028 San Marcos, Texas 78667-1169 Tel: (830) 792-3300 Tel: (512) 558-2000 Fax: (830) 792-5771 Pax: (512)392-1628 Weh Site: wwuchillcountry.org BOARD OF TROSTEES June 19, 2001 Chairman: Judge David Montgomery The Honorable Fred Henneke Vice Chairman: Ken' COUnty COllrthOUSe Mr. Louy rounrs 700 Main Secretary/Treasurer: Kerrville, TX 78028 Commissioner John Kigh! chariea ernnkensh;P Subject: Hill Country Community MHMR Center Board of Trustees CammissionerJack Dawson Appointment Judge Nick Gallegos Or. Kim Grahnm Or. SamJunkin Deaz Judge Henneke: Judge Herb Senne Hill Country has been very fortunate to have a stable, hard working Boazd ExecuTrvE DIRECTOR for its 19 county area. This has contributed greatly to our success. The Hill Linda) Parker Country Organizational Plan (see attached) calls for the Board to be comprised of nine members with two-year terms. The two-year term of Dr. Sam Junkin, who represents Kerr County expires August 31, 2001. I feel that all Board Members have done an outstanding job. 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 you would like to proceed with your governance area. The following options aze available: 1. Dr. Sam Junkin can be reappointed. According to the Organizational Plan, unlimited reappointments are allowed; 2. One month prior to September 1, 2001, you must post a notice for persons interested in membership on the Hill Country CMHMRC Board of Trustees. (Please note there are requirements that must be set forth in the notices of vacancies and for the appointment process). Hill Country staff will be glad to assist you with this Bandera, Blanco, Comal, Edwards, Gillespie, Hays, Kenda-, Kerr, Kimble, Kinney, Llano, Mason, Medina, Menard, Real, Schleicher, Sutton, Uvalde & Val Verde Counties process; or, 3. You may elect to appoint yourself, as County Judge, to serve on the Board of Trustees. Enclosed you will find a Boazd Appointment Form once a decision is made regarding the appointment. Please complete and return this form in the envelope provided byAugust I5, 2001. Please inform me (830-741-6021), Linda Parker, Executive Director (830-792-3300), or Tammy Allen, Liaison to the Board (512-558-2019), of your decision. Staff stand ready to assist you in any way. Please feel free to contact me, Linda Parker or Tammy Allen if you need further information. Sincerely, ~av ~ r~ ~'l.~t~-9atl~,~~ ~~- Judge David Montgomery Chairman, Board of Tmstees Hill Country Community MHMR Center Attachments xc: Dr. Sam Junkin, Board Member Linda Pazker, Executive Director Tammy Allen, Boazd Liaison PART IV ORGANIZATION PLAN A. ORGANIZATIONAL STRUCTURE: BOARD OF TRUSTEES A Boazd of Trustees will be appointed by the governing bodies of Bandera, Blanco, Comal, Edwards, Gillespie, Hays, Kendall, Kerr, Kimble, Kinney, Llano, Mason, Medina, Menazd, Real, Schleicher, Sutton, Uvalde and Val Verde Counties for the purpose of operating a community mental health and mental retazdation 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), Vemon'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 Boazd of Tmstees. 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 Boazd 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. The Hill Country Community MHMR Center's Boazd of Trustees shall be composed of nine (9) members. One member of the Boazd shall be appointed from the following counties: 1) Edwards Kimble Mason Menazd Schleicher Sutton One member of the Board shall be appointed from the following counties: 2) Kinney Rea] Uvalde One member of the Boazd shall be appointed from the following counties: 3) Blanco Gillespie Llano One member of the Boazd shall be appointed from the following counties: 4) Bandera Kendall One member of the Boazd 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. 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) yeaz terms. Subsequent Boards -Appointments made to the Board of Trustees will be for a period of two (2) yeazs, with the exception that appointments made to fill unexpired terms will be for the remainder of the unexpired term. 1YQTSE OF VACANC'IF.S Subsequent Boards - At least one (1) month prior to the next meeting of the Hill Country Community MHMR. Center's Boazd 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 Boazd 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 yeaz. All applications will be considered when Boazd of Trustees appointments aze made. The appropriate County Judge(s) [and/or Commissioners' Court(s)] will review all applications from that county or region for membership on the Boazd of Trustees and will select the appointee. 2. If the Boazd 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. 3. 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. REAPPS2INTM~NT Board members may be reappointed. At the time of appointment, each Boazd of Trustees member will be given written notice of training requirements and must agree to such requirements: 1. Each yeaz all members will attend (4) hours of training provided by professional staff members of the CMHMRC. 2. Prior to assuming office, each Boazd 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 yeaz; d. the results of the most recent formal audit of the CMHMRC; e. the Open Meeting Law and Opcn Records Law (Vernon's Civil Statutes Articles 6252-17 and 6252-17a); f. Any ethics policies adopted by the center. 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 PROHiBiTED AGTIYITIE& Members of the Board of Trustees may not: 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; Solicit, accept, or agree to accept from another person or business 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. 5. 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. IIYTFRNAL ORCANI7.ATION After the beginning of each fiscal yeaz, 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 ofineetings. - 2. Vice-Chairperson -This individual will assume the duties of the Chairperson in his/her absence. Secretary -This individual will oversee records of Board of Trustee member's training; oversee timely and proper notice of regulaz and special meetings of the Boazd 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, aze subject to requirements of Chapter 171, Local Government Code. The Boazd of Trustees will have special meetings as called by the Chairperson. All meetings of the Boazd 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 Boazd of Trustees will constitute a quorum for the transaction of business. Five (5) members constitute a majority of the Boazd of Trustees. Matters before the Boazd of Trustees will be decided by a simple majority vote of a quorum. The Boazd 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 Boazd 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. BFniIiRF,D RF.PRESELYTATI41~[ In order to reflect the ethnic diversity of our service area and to assure consumer input, the Charter Boazd 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. A. Grounds for removal from the Boazd of Trustees aze as follows: 1. Violations of Chapter 171, Local Government Code. 2. Ineligibility for Boazd 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 standazd of attendance at meetings, demeanor, and contribution to the obligations of the Boazd 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: 1. 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. 3. 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 Boazd 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 Boazd 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 Boazd member. Should the Boazd 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 Boazd of Trustees will not remove members except on grounds listed in these rules. 1. Members may resign from the Boazd 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. RF.iMB RSE_M_F.IYT 1. Board of Trustees members may not be reimbursed for services performed for [he Boazd of Trustees and the CMHMRC. 2. Boazd of Trustees members may authorize for themselves mileage, pec diem and other expenses relevant to meetings, training sessions, conferences, and other activities relevant to Board of Trustees activities and service to the CMHMRC. Not later than the date on which a member of the Boazd of Trustees takes office by appointment or reappointment and not later than the anniversary of that date, each member shall annuallMexecute and file with the CMHMRC an affidavit acknowledging that the member has read Comal unty Judge Mazk Stroeher Gillespie County Judge ~~,i~ ~- James W. Gooden Ke 11 Coun Judge Delbert Roberts Kiq~le County Judge ' George E.~ars (~ ~ cB~lan~co County Judge Vl9~w.Ja~ Neville G. Smart, Jr. EdDDwazds County Judge ,Zo~-'-r Eddy- Ether 'dge a s County Judge ~~~ R bert Dens K rr County Judge Judge Ufa ri County Judge imerv ~J hazles Chil ers Medina Co Ju I G. i igeaz R al County Jud C ~~P .~ e~~-Pi.~ Carla Gamer Sutton County Judge Kir nck al de County Judge F. Coypty William R. Mitchell Uvalde County Judge