HomeMy WebLinkAboutResolutions - 1995.08.17 - 24352n CIMI11.1-aallarLS ELIII
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REPORT (Misc. #95205 )
BY: GENERAL GOVENRMENT COMMITTEE - KAY SCHMID, CHAIRPERSON
IN RE: M.R. #95205, HUMAN SERVICES DEPARTMENT/COMMUNITY MENTAL HEALTH - (SUPPORT)
AMENDMENT TO 6E525 - MENTAL HEALTH CODE (CONFLICT OF INTEREST)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above -referenced resolution
on August 17, 1995, reports with the recommendation that the resolution be amended as
as revised below. (The double underline represents new language and the old language
has a line drawn through it).
WHEREAS the Michigan Mental Health Code prohibits an employee of the Michigan
Department of Mental Health, employee of a County Mental health Program or an employee
or representative of an agency having a contractual relationship with the county from
serving on .a County Mental Health Board; and
WHPRPAS A review of the i-At__LItorv anthoritv nf rhp Annnintpd rnlintv hnardq.
t
erehibition ie Placed uPOn the membershie of similarly created boards. commIssions, anq
authorities; and
with_exnPripnrp in rhp mental health field and as such inherent conflicts are
unavoidable; and
WHEREAS there are a number of Oakland County citizens who are rli=0=rtfrane'hiqPii by
the present code requirement; and
WHEREAS these disenfranchised people have a great deal of expertise that would
jzILLLK=Lg benefit oigniticantly the Oakland County Mental Health Program; and
WHEREAS the Oakland County Community Mental Health Services Board has in fact lost
an officer of its board because she was employed by a successful bidder for providing
services under contract with the Oakland County Community Mental Health Division; and
WHEREAS the present Michigan Mental Health Code should be amended to allow the
most knowledgeable and best qualified individuals to serve on County Mental Health
Boards.
NOW THEREFORE BE IT RECOLVED that the Michigan Department of Mental Health Code,
paragraph 330.122, eection 222. (3) bc amended ao followa.
Now TFFRPFORF RP TT eFenevrn that the Oakland County Board of Commissioners
advocatee that ehp MirhigAn Lpgiqlptnrp Ampnd th ,=' Mental Heelth_Qgdp snecifjly MCI%
An employee or representative of an agency who is directly involved
with a program or contract currently held by a County Community
Mental Health Program may not be appointed to serve on a Community
Mental Health Board. Other employees of that agency who are not
directly or actively involved in a specific program or contract
currently held riser_gre,j,e1 by a County Community Mental
Health Program or contract currently 4irc.14 by a Cegimity Community
liferttbeel—Reareftynam may be eed appointed to a Community ltL
Mental Health Board. If a sitting Community Mental Health Board
member develop° a potential conflict of intereet wh a ettent
cmploycr or cntity in which he or she is an officer, partner, member,
"
An appParanne of a rOnflict-of-interest may be disclosed by an
jndividual b,narti memher nr CMH Board_ All of the followine must
occur when the appenrnnnp of c.onflict-of-iTxterest exists for a
sitting board member:
(1) He or she must promptly disclose any pecuniary interest
in the contract to the official body which has power to approve the
contract;
(2) The contract must be approved by a vote of not less than
2/3 of the full membership of the approving body in open session
without the approval of the member in question; and
(3) The official minutes must disclose specific information
surrounding the contract and the member in question.
Chairperson, on behalf of the General Government Committee I move the adoption of
the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION (195205) August 3, 1995
BY: Health and Human Services Committee, Shelley G. Taub, Chairperson
IN RR: Human Services Department/Community Mental Health - (Support) Amendment
to 53525 - Mental Health Code (Conflict of Interest)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Mental Health Code prohibits an employee of the
Michigan Department of Mental Health, employee of a county mental health program
or an employee or representative of an agency having a contractual relationship
with the county from serving on a county mental health board, and
WHEREAS there are a number of Oakland County citizens that are
disenfranchised by the present code requirement, and
WHEREAS these disenfranchised people have a great deal of expertise that
would benefit significantly the Oakland County mental health program, and
WHEREAS the Oakland County Community Mental Health Services Board has in
fact lost an officer of its board because she was employed by a successful bidder
for providing services under contract with the Oakland County Community Mental
Health Division, and
WHEREAS the present Michigan Mental Health Code should be amended to allow
the most knowledgeable and best qualified individuals to serve on county mental
health boards.
NOW THEREFORE BE IT RESOLVED that the Michigan Department of Mental Health
Code, paragraph 330.122, Section 222. (3) be amended as follows:
An employee or representative of an agency who is directly involved
with a program or contract currently held by a county CMH program
may not be appointed to serve on a CMH board. Other employees of
that agency who are not directly or actively involved in a specific
program or contract currently held by a county CMH program or
contract currently held by a county CMH program may be considered
and appointed to a CMH board. If a sitting CMH board member
develops a potential conflict of interest with a current employer or
entity in which he or she is an officer, partner, member, employee
or independent contractor, all of the following must occur: (1) He
or she must promptly disclose any pecuniary interest in the contract
to the official body which has power to approve the contract; (2)
The contract must be approved by a vote or not less than 2/3 of the
full membership of the approving body in open session without the
approval of the member in question; and(3) The official minutes must
disclose specific information surrounding the contract and the
member in question.
Chairperson, on behalf of the Health and Human Services Committee, I move
the adoption of the foregoing resolution.
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EALTH AND h HEALTH AND HUMAN SERVICES COMMITTEE
L "7-
Resolution #95205 August 17, 1995
Moved by Taub supported by Schmid the General Government Committee Report
be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Taub supported by Schmid the resolution be adopted.
Moved by Taub supported by Schmid the resolution be amended to coincide
with the General Government Committee Report recommendations.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht,
Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine,
Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland, do hereby certify that the
foregoing resolution is a true and accurate copy of a resolution adopted by the
Oakland County Board of Commissioners on August 17, 1995 with the original record
thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the
County of Oakland at Pontiac, Michigan this 17th dayf Augus 95.
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tm& Allen, County Clerk