N.Y. Mental Hygiene Law § 41.11: Composition of boards

§ 41.11 Composition of boards.

* (a) In all local governments with a population less than one hundred

thousand, community services boards, at the option of the local

government, shall have either nine or fifteen members appointed by the

local government. In all other local governments, a community services

board shall have fifteen members appointed by the local government.

Whenever practicable at least one member shall be a licensed physician

and one member shall be a certified psychologist and otherwise at least

two members shall be licensed physicians, such members to have

demonstrated an interest in the field of services for persons with

mental disabilities. The other members shall represent the community

interest in all the problems of persons with mental disabilities and

shall include representatives from community agencies for persons with

mental illness, developmental disabilities, and those suffering from

alcoholism and substance abuse. The community services board shall have

separate subcommittees for mental health, developmental disabilities,

and alcoholism or, at the discretion of the local government, alcoholism

and substance abuse. Each separate subcommittee shall have no more than

nine members appointed by the local government, except that each

subcommittee for mental health shall have no more than eleven members

appointed by the local government. Three of each such subcommittee shall

be members of the board. Each separate subcommittee shall be composed of

persons who have demonstrated an interest in the field of services for

the particular class of mentally disabled and shall include former

patients, parents or relatives of such persons with mental disabilities

and community agencies serving the particular class of mentally

disabled, except that each subcommittee for mental health shall include

at least two members who are or were consumers of mental health

services, and at least two members who are parents or relatives of

persons with mental illness. Each separate subcommittee shall advise the

community services board and the director of community services

regarding the exercise of all policy-making functions vested in such

board or director, as such functions pertain to the field of services

for the particular class of mentally disabled individuals represented by

such subcommittee. In addition, each subcommittee for mental health

shall be authorized to annually evaluate the local services plan, and

shall be authorized to report on the consistency of such plan with the

needs of persons with serious mental illness, including children and

adolescents with serious emotional disturbances. Any such report shall

be forwarded annually to the community services board and the director

of community services and a copy shall also be sent to the commissioner

prior to the submission of the local services plan, provided, however,

that the provisions of this paragraph shall not apply to cities of over

a million in population.

* NB Effective until March 31, 2027

* (a) In all local governments with a population less than one hundred

thousand, community services board, at the option of the local

government, shall have either nine or fifteen members appointed by the

local government. In all other local governments, a community services

board shall have fifteen members appointed by the local government.

Whenever practicable at least one member shall be a licensed physician

and one member shall be a certified psychologist and otherwise at least

two members shall be licensed physicians, such members to have

demonstrated an interest in the field of services for the mentally

disabled. The other members shall represent the community interest in

all the problems of the mentally disabled and shall include

representatives from community agencies for individuals with mental

illness, developmental disabilities, and those suffering from alcoholism

and substance abuse. The community services board shall have separate

subcommittees for mental health, developmental disabilities, and

alcoholism or, at the discretion of the local government, alcoholism and

substance abuse. Each separate subcommittee shall have no more than nine

members appointed by the local government. Three of each such

subcommittee shall be members of the board. Each separate subcommittee

shall be composed of persons who have demonstrated an interest in the

field of services for the particular class of mentally disabled and

shall include former patients, parents or relatives of such mentally

disabled persons and community agencies serving the particular class of

mentally disabled. Each separate subcommittee shall advise the community

services board and the director of community services regarding the

exercise of all policy-making functions vested in such board or

director, as such functions pertain to the field of services for the

particular class of individuals with mental disabilities represented by

such subcommittee. Provided however that the provisions of this

paragraph shall not apply to cities of over a million in population.

* NB Effective March 31, 2027

* (b) In cities of over a million a community services board shall

consist of fifteen members to be appointed by the mayor. There shall be

at least two residents of each county within such cities on the board.

At least one shall be a licensed physician and at least one shall be a

certified psychologist. The other members shall represent the community

interest in all of the problems of the mentally disabled and shall

include representatives from community agencies for persons with mental

illness and developmental disabilities, and those suffering from

alcoholism and substance abuse. The community services board shall have

separate subcommittees for mental health, developmental disabilities,

and alcoholism or, at the discretion of the local government, alcoholism

and substance abuse. Each separate subcommittee shall have no more than

nine members appointed by the local government, except that each

subcommittee for mental health shall have no more than eleven members

appointed by the local government. Three members of each such

subcommittee shall be members of the board. Each separate subcommittee

shall be composed of persons who have demonstrated an interest in the

field of services for the particular class of mentally disabled and

shall include former patients, parents or relatives of such persons with

mental disabilities and community agencies serving the particular class

of mentally disabled, except that each subcommittee for mental health

shall include at least two members who are or were consumers of mental

health services, and two members who are parents or relatives of persons

with mental illness. Each separate subcommittee shall advise the

community services board and the director of community services

regarding the exercise of all policy-making functions vested in such

board or director, as such functions pertain to the field of services

for the particular class of individuals with mental disabilities

represented by such subcommittee. In addition, each subcommittee for

mental health shall be authorized to annually evaluate the local

services plan, and shall be authorized to report on the consistency of

such plan with the needs of persons with serious mental illness,

including children and adolescents with serious emotional disturbances.

Any such report shall be forwarded annually to the community services

board and the director of community services, and a copy shall also be

sent to the commissioner prior to the submission of the local services

plan.

* NB Effective until March 31, 2027

* (b) In cities of over a million a community services board shall

consist of fifteen members to be appointed by the mayor. There shall be

at least two residents of each county within such cities on the board.

At least one shall be a licensed physician and at least one shall be a

certified psychologist. The other members shall represent the community

interest in all of the problems of persons with mental disabilities and

shall include representatives from community agencies for persons with

mental illness, developmental disabilities, and those suffering from

alcoholism and substance abuse. The community services board shall have

separate subcommittees for mental health, developmental disabilities,

and alcoholism or, at the discretion of the local government, alcoholism

and substance abuse. Each separate subcommittee shall have no more than

nine members appointed by the local government. Three members of each

such subcommittee shall be members of the board. Each separate

subcommittee shall be composed of persons who have demonstrated an

interest in the field of services for the particular class of mentally

disabled and shall include former patients, parents or relatives of such

persons with mental disabilities and community agencies serving the

particular class of mentally disabled. Each separate subcommittee shall

advise the community services board and the director of community

services regarding the exercise of all policy-making functions vested in

such board or director, as such functions pertain to the field of

services for the particular class of persons with mental disabilities

represented by such subcommittee.

* NB Effective March 31, 2027

(c) A person's public office or employment shall not bar appointment

as a member of a board or subcommittee, nor shall membership serve as a

bar to other public office or employment; provided, however, that no

more than three employees of the department or of a department facility

may hereafter be appointed as a member of a board or subcommittee.

(d) On initially constituted boards, and insofar as practicable, on

subcommittees, one-third of the members shall be appointed for a

two-year term, one-third for a three-year term and the remainder for a

four-year term. Thereafter, each member shall be appointed for a

four-year term. All terms shall begin to run from the first day of the

year of the appointment. Vacancies shall be filled for unexpired terms.

No person may serve as a member of a board of a subcommittee for more

than two terms consecutively unless otherwise provided by local law.

(e) Local governments shall reimburse board members for the reasonable

expenses incurred in the performance of their duties and may also offer

them a per diem compensation, but only their reasonable expenses are

reimbursable as an operating cost pursuant to this article.

(f) Local governments may remove a board or subcommittee member for

cause, after written notice of charges and an opportunity for the member

to be heard.