ORDER NO. 28137 KERB COUNTY REPRESENTATIVE ON THE BOARD OF TRUSTEES OF HILL COUNTRY COMMUNITY MHMR CENTER On this the 23rd day of June, 2003, upon motion made by Commissioner Baldwin, seconded by Commissioner Letz, the Court unanimously approved by a vote of 3-0-0, the reappointment of Sam M. Junkin as Kerr County representative on the Board of Trustees of Hill Country Community MHMR Center. ,~ COMMISSIONERS' COURT AGENDA REQUEST ~~~ PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Pat Tinley MEETING DATE: June 23, 2003 SUBJECT: (PLEASE BE SPECIFIC) OFFICE: Coup Jud TIME PREFERRED: Consider and discuss confirmation and reappointment of Sam M. Junkie as Kerr County representative on the Board of Trustees of Hill Country Community MHMR Center. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Count~udge 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 towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. HILL COUNTRY COMMUNITY MENTAL HEALTH AND MENTAL RETARDATION CENTER BOARD APPOINTMENT FORM I, Pat Tinley, 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, 2003. Appointee: SAM M. JUNKIN Approved By: __~ at inley Kerr County Judge HILL COUNTRY COMMUNITY MHMR CENTER 819 Water Street, Suite 300 Kerrville, Texas 78028 Tel: (830) 792-3300 Fax: (830) 792-5771 Web Site: www.hillcountry.org ~- BOARD OF TRUSTEES Chairman: ~; Commissioner John Kight - Vice Chairman: Charles Blankenship Secretary/Treasurer: Otila Gonzalez Canmissioner Jack Dawson - Judge Nick Gallegos Dr. Sam Junkie Judge Herb Senne Dayton Land Judge Jim Barden ~_ EXECUTIVE DIRECTOR ~;, Linda J. Parker COUiVTIES SERVED: - Bandera, Blanco, Comal, Edwards, Gillespie. Hays. - Kendall, Kerr, - Kimble, Kinney, _°_ Llano, Mason, Medina, Menard, - - Real, Schleicher, _ Sutton, Uvalde, _ ': V"nl Verde May 23, 2003 The Honorable Pat Tinley Kerr County Annex 700 Main Kerrville, TX 78028 Subject: Hill Country Community MHMR Center Board of Trustees Appointment Dear Judge Tinley: Hill Country has been very fortunate to have a stable, hard working Board for its 19 county area. This has directly contributed to the Center's success. The Hill Country Organizational Plan calls for the Board to be comprised of nine members with two-year terms (see attached). The two-year term of Doctor Sam Junkie who represents Kerr County expires August 31, 2003. 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 are available: 1. Doctor Sam Junkie can be reappointed (the Organizational Plan allows for unlimited reappointment); or 2. You may decide to serve on the Board yourself; or, 3. You may post notice for persolis interested in membership on the Board of Trustees. (Please note there are requirements for notices of vacancies and for the appointment process). Hill Country staff will be glad to assist you with this process. Enclosed you will also find a Board Appointment Form for your signature once a decision has been made regarding the appointment. Please complete and return this form in the envelope provided before August 31, 2003. Please inform me (830-230-5373), Linda Parker, Executive Director, or Laura Lee, Liaison to the Board (830-792-3300), of your decision. Staff stands ready to assist you in any way. Please feel free to contact Linda Parker, Laura Lee, or myself if you need further information. Sincerely, ~~ /~'/ ~ ~/ f ommissioner John fight Chairman, Board of Trustees Attachments Xc: Doctor Sam Junkin, Board Member Linda Parker, Executive Director Laura Lee, Board Liaison NOTICE OF VACANCY Hill Country Community MHMR Center is anon-profit organization that provides mental health, mental retardation and early childhood intervention services for nineteen counties in the Hill Country. A position of the Board of Trustees has become available representing Kerr County. The eligibility requirements for this position include: must be a qualified voter and maintain primary residence in Kerr County. Consumer/family representation for children and/or adult services is preferred. Interested persons should contact: Judge Pat Tinley Kerr County Courthouse 700 Main Street Kerrville, TX 78028 For additional information, please contact Laura Lee, Board of Trustees' Liaison, Hill Country Community MHMR Center, at (830) 792-3300. 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 MHIv1R 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. BO RD OMPOSITiQ~ 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: S) 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~[QTICF~Q)(! YA~AN('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. APP0INTM~NT 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. 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. REAPP~LLYTMENT Board members may be reappointed. 3 TBAIlYILYG At the time of appointment, each Board of Trustees member wilt 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. 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 A~TLYiTIES 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; 3. 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. INTF,RNAi . ORGANI .ATION 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. REQ[1~tF.D RFPRESEIYTATI9N 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. A. Grounds for removal from the Board of Trustees are as follows: 1. 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: 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. 7 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. 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. RF,IMBiJRSEMEl~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. 8 AEEIDAYIT 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 read execute and file with the CMHMRC an Evans Casteel affidavit knowledging that the member has ~~r George E. ars Blanco County Judge Neville G. Smart, Jr. Edwards County Judge Eddy Ethe ge a s County Judge { --'~I1~ R bert Dens K rr County Judge Comal unty Judge Mark Stroeher Gillespie County Judge James W. Gooden Ke all Count Judge Delbert Roberts Ki>}~le County Judge ommy Searg Kinney County ud e Tommy Rear on County Judge a n County Judge ~ iT ontgomery harles Chil ers Medina Co~ut~ _Ju ~ ~ G. W: i igear Real County Jud ~- G~ L~ Carla Gamer Sutton County Judge ~~ Kir nck al de County Judge Count Judge ~~~~ Johnny F.~riffin leiche Co ty Jud e ~~ .~~ ~~~ William R. Mitchell Uvalde County Judge