North Carolina HB 1241: County Comms./Area Authority Appointments.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2007
H 1
HOUSE BILL 1241

Short Title: County Comms./Area Authority Appointments. (Public)
Sponsors: Representative Walend.
Referred to: Mental Health Reform.
March 29, 2007

A BILL TO BE ENTITLED 1
AN ACT TO CLARIFY THE PROCESS BY WHICH BOARDS OF COUNTY 2
COMMISSIONERS MAY APPOINT MEMBERS TO A MULTICOUNTY AREA 3
AUTHORITY BOARD. 4
The General Assembly of North Carolina enacts: 5
SECTION 1. G.S. 122C-118.1 reads as rewritten: 6
"§ 122C-118.1. Structure of area board. 7
(a) An area board shall have no fewer than 11 and no more than 25 members. 8
However, the area board for a multicounty area authority consisting of eight or more 9
counties and serving a catchment area with a population of more than 500,000 may have 10
up to 30 members. In a single-county area authority, the members shall be appointed by 11
the board of county commissioners. Except as otherwise provided, provided in 12
subsection (a1) of this section, in areas consisting of more than one county, each board 13
of county commissioners within the area shall appoint one commissioner as a member 14
of the area board. These members shall appoint the other members. The boards of 15
county commissioners within the multicounty area shall have the option to appoint the 16
members of the area board in a manner other than as required under this section by 17
adopting a resolution to that effect. The boards of county commissioners in a 18
multicounty area authority shall indicate in the business plan each board's method of 19
appointment of the area board members in accordance with G.S. 122C-115.2(b). These 20
appointments shall take into account sufficient citizen participation, representation of 21
the disability groups, and equitable representation of participating counties. Individuals 22
appointed to the board shall include two individuals with financial expertise, an 23
individual with expertise in management or business, and an individual representing the 24
interests of children. A member of the board may be removed with or without cause by 25
the initial appointing authority. Vacancies on the board shall be filled by the initial 26
appointing authority before the end of the term of the vacated seat or within 90 days of 27
the vacancy, whichever occurs first, and the appointments shall be for the remainder of 28
the unexpired term. 29

General Assembly of North Carolina Session 2007
Page 2 House Bill 1241-First Edition
(a1) The boards of county commissioners within a multicounty area authority may 1
appoint the members of the area board in a manner other than is required under this 2
section if each board of county commissioners adopts a resolution specifying how the 3
area board will be appointed. Pursuant to G.S. 122C-115.2(b), the boards of county 4
commissioners in a multicounty area authority shall also indicate in the local business 5
plan each board's method of appointment of the area board members. The appointments 6
shall take into account sufficient citizen participation, representation of the disability 7
groups, and equitable representation of participating counties. The term limitations in 8
subsection (d) of this section shall not apply to appointments made according to 9
resolutions adopted under this subsection and included in an area authority's local 10
business plan. 11
(b) Not more than fifty percent (50%) of the members of the area board shall 12
represent the following: 13
(1) A physician licensed under Chapter 90 of the General Statutes to 14
practice medicine in North Carolina who, when possible, is certified as 15
having completed a residency in psychiatry. 16
(2) A clinical professional from the fields of mental health, developmental 17
disabilities, or substance abuse. 18
(3) At least one family member or individual from a citizens' organization 19
composed primarily of consumers or their family members, 20
representing the interests of individuals: 21
a. With mental illness; 22
b. In recovery from addiction; or 23
c. With developmental disabilities. 24
(4) At least one openly declared consumer: 25
a. With mental illness; 26
b. With developmental disabilities; or 27
c. In recovery from addiction. 28
(c) The board of county commissioners may elect to appoint a member of the 29
area authority board to fill concurrently no more than two categories of membership if 30
the member has the qualifications or attributes of the two categories of membership. 31
(d) Any member of an area board who is a county commissioner serves on the 32
board in an ex officio capacity. The terms of county commissioners on an area board are 33
concurrent with their terms as county commissioners. The terms of the other members 34
on the area board shall be for three years, except that upon the initial formation of an 35
area board one-third shall be appointed for one year, one-third for two years, and all 36
remaining members for three years. Members Except as provided in subsection (a1) of 37
this section,