HomeMy WebLinkAboutResolutions - 1995.08.03 - 24368REPORT (WISC. #95150) May 25, 1995
BY: Health and Human Services Committee, Shelley G. Taub, Chairperson
IN RE: H.R. #95150 - SUPPORT OF MICHIGAN ASSOCIATION OF COUNTIES RECOMMENDED
CHANGES TO THE PROPOSED CHAPTER 2 REWRITE, STATE OF MICHIGAN MENTAL HEALTH CODE
To the Oakland County Board of CommiSSioners
Chairperson, Ladies and Gentlemen:
The Health and Human Services Committee, having reviewed the above-
referenced resolution on May 1,, 1995, reports with the recommendation that the
resolution be adopted.
Chairperson, on behalf of the Health and Human Services Committee, I move
the acceptance of the foregoing report.
HEALTH AND HUMAN SERVICES COMMITTEE
MAY 25, 1995
REPORT (Misc. #95150)
BY: GENERAL GOVERNMENT COMMITTEE - KAY SCHMID, CHAIRPERSON
IN RE: M.R. #95150, SUPPORT OF MICHIGAN ASSOCIATION OF COUNTIES
RECOMMENDED CHANGES TO THE PROPOSED CHAPTER 2 REWRITE,
STATE OF MICHIGAN MENTAL HEALTH CODE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS:
Chairpersori, Ladies and Gentlemen:
The General Government, having reviewed M.R. #95150 on May 25, 1995,
reports with the recommendation that the resolution be adopted.
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing Report.
Shelley G. 11 , District 12
,
e,
Fran Amos, Distri t 5
MISCELLANEOUS RESOLUTION #95150
BY: Shelley G. Taub, District 12; Fran Amos, District 5
IN RE: SUPPORT OF MICHIGAN ASSOCIATION OF COUNTIES RECOMMENDED CHANGES TO THE
PROPOSED CHAPTER 2 REWRITE, STATE OF MICHIGAN MENTAL HEALTH CODE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS on May 2, 1995, the Michigan Association of Counties Mental Health
Committee passed recommended amendments to Chapter Two of the State of Michigan
Mental Health Code rewrite dated April 14, 1995; and
WHEREAS the following recommended amendments will significantly strengthen
the proposed changes to Chapter 2 of the State of Michigan Mental Health Code;
and
WHEREAS the Community Mental Health Agencies (CMEA) will be allowed to
carry forward the operating margin up to five percent (St) of the agency's state
share of the operating budget; and
WHEREAS counties shall have the option to make the CMHA Director a county
employee to function as a Department Head of the CMHA program; and
WHEREAS the State of Michigan Department of Mental Health shall be
prohibited from using the certification process to coerce or force a CIA to
become a Community Mental Health Entity (CMHE) or a Community Mental Health
Organization (CM10); and
WHEREAS a Community Mental Health Agency may become a Community Mental
Health Organization after at least three (3) public hearings; and
WHEREAS a county will have no financial liability upon approval of a
Community Mental Health Entity should the authority dissolve or be terminated;
and
WHEREAS a county, its board, employees, or agents will have no financial
liability for any intentional or negligent act or omission by the Community
Mental Health Entity; and
WHEREAS a county which becomes a Community Mental Health Entity shall have
its financial liability limited to its actual dollar obligation of the fiscal
year in which the Community Mental Health program becomes an authority or entity;
and
WHEREAS a county's annual single appropriation to a Community Mental Health
Agency may be made by line item; and
WHEREAS the County's Board of Commissioners will approve the Community
Mental Health Agency's budget; and
WHEREAS termination of a counties participation in any Community Mental
Health program ... shall occur at the end of the budget year, but not less than
one (1) year from the date of notification of termination; and
WHEREAS the State of Michigan Department of Mental Health shall reimburse
the counties pursuant to departmental regulations for ... per diem payments as
well as the number of meetings per year; and
WHEREAS the Community Mental Health Board will develop a policy stipulating
the qualifications and training of the Recipient Rights Officer.
Nee. THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
support the foregoing Michigan Association of Counties Mental Health Committee
recommended amendments to Chapter Two of the April 14, 1995 rewrite of the State
of Michigan Department of Mental Health Code.
BE IT FURTHER RESOLVED that certified copies of this resolution be
forwarded to the Governor, Oakland County's state legislative delegation, the
Michigan Association of Counties and all Michigan Boards of Commissioners.
Chairperson, on behalf of the Health and Human Services Committee, I move
the adoption of the foregoing resolution,
Resolution #95150 June 22, 1995
Moved by Taub supported by Dingeldey the Health and Human Services
Committee and the General Government Committee Reports be accepted.
A Sufficient majority having voted therefor, the reports were accepted.
Moved by Taub supported by Dingeldey the resolution be adopted.
Discussion followed.
Moved by Law supported by Holbert the resolution be tabled for 30 days.
AYES: Jacobs, Jensen, Kaczmar, Kingzett, Law, McPherson, Moffitt, Obrecht,
Palmer, Pernick, Powers, Quarles, Holbert. (13)
NAYS: Huntoon, Johnson, McCulloch, Schmid, Taub, Wolf, Amos, Crake,
Devine, Dingeldey, Douglas, Garfield. (12)
A sufficient majority having voted therefor, the motion to table carried.
RESOLUTION
BY: Adhoc Committee of CMH Board on Mental Health Code
Amendments, Calvin Lippitt, Chairperson
RE: Amendments to the Mental Health Code
To the Oakland County Community Mental Health Services Board
Chairperson, Ladies and Gentlemen;
WHEREAS the Oakland County Board of Commissioners approved
Miscellaneous Resolution #95161 which in part calls for a carry
forward up to five percent of Community Mental Health's State
share of its operating budget, and
WHEREAS the Oakland County Board of Commissioners considered
and tabled Migr.11ATIPnim Resolution #95150 for 30 days which
proposed support of numerous recommendations by the Michigan
Association of Counties (MAC) to the Mental Health Code, and
WHEREAS the deliberations and activities of the Oakland
County Board of Commissioners regarding the mental health code
amendments and other mental health matters may profoundly impact
the CMH Board and staff functioning as well as services to
consumers and contract providers, and
WHEREAS Sec. 222 of the amended Code calls for the
composition of the CMH Board to be "rep-Psentative of
providers...., recipients or primary consumers..., agencies and
occupations having a working involvement with mental health
services, and the general public" and that "at least one third of
1-1/=. Trip.mnp.rg.n11-1 anal.11112 members, an
of lp.nqt twn rnmhr all he_norimarv consumers."
NOW THEREFORE BE IT RESOLVED that the Oakland County
Community Mental Health Services Board takes the following
positions regarding amendments to the Mental Health Code:
1. Support for the 5% carry forward of CMH's state share
of its operating budget. (Resolution #95161) This
carry forward will provide nppnrtunitie for CMH to
operate in a more cost efficient manner where savings
and surplus revenue can be applied to a subsequent
fiscal year, and to plan more rationally for the
future.
2. Support for Sec. 222 (1) of the Mental Health Code
revisions calling for the CMH Board to be at least one
third composed of primary consumers or family members,
at least two of whom shall be primary consumers. This
vital step will involve consumers and family members in
the decision making process.
3. Opposes giving County Boards of Commissioners the
optional power to hire and fire a CMH agency's
Executive Director." (Resolution #95150) Such a step
would transfer operational authority from the CMH Board
to the Board of Commissioners and effectively relegate
the CMH Board to solely an Advisory role or eliminate
the need for a CMH Board altogether. In addition, this
step would increase the possibility that functions such
as hiring of staff and awarding of contracts would be
subject to political influences, and would open to
doubt the involvement of stakeholders in the decision
making process.
4. Agrees with Resolution #95150 in its proposal to
prohibit the State Department of Mental Health from
providing financial incentives and awards to CMH
entities such as lowering the County match requirement
to 5% and to allow the 56 carry forward provision
because such steps could result in unduly pressuring or
influencing counties to adopt the entity form of
structure. All CMH forms of organization (agency,
organization or entity) should be governed by the same
financial ground rules.
5. Supports Resolution #95150 in its call for at least
three public hearings before a CMH agency may become a
CMH entity.
6. Opposes Resolution #95150 in allowing a county's annual
single appropriation to a CMH agency to be made by line
item. The Oakland County Board of Commissioners
currently approves the CMH detailed line item budget
and they also approve the County match portion as a
separate line item in the General Fund budget. The
2
current Code amendments do not preclude this continuous
practice of the Board of Commissioners.
7. Favors allowing a two-year notification period for
termination of a CMH Services program by a county
instead of one year as proposed in Resolution #95150
because of the length of time required to replace
services for clients, to reduce disruption and trauma
such termination would cause consumers and the time
required to renegotiate contracts, leases, etc. for
service and rasidEntial providers.
Be it further resolved that the Oakland County CMH Board urges
the Oakland County Board of Commissioners to refer County mental
health issues to the CMH Board and staff prior to the
Commissioners taking action on such issues and to more closely
collaborate and communicate so that the result will be an ever-
improving system of mental health services for the citizens of
Oakland County.
Chairperson, on behalf of the Adhoc Committee of the CMH
Board on Mental Health Code Amendments, I move the adoption of
the foregoing resolution.
ADHOC COMMITTEE OF THE CMH BOARD
ON MENTAL HEALTH CODE AMENDMENTS
Calvin Lippitt
Judith Summers
John Donaldson
Shelley Taub
3
Resolution 495150 August 3, 1995
Moved by Taub supported by Amos the General Government Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Taub supported by Amos the resolution be adopted.
Moved by Palmer supported by Obrecht the resolution be amended to have the
resolution by the Adhoc Committee of CMH Board on Mental Health Code (Amendments
to the Mental Health Code) become a part of the resolution, as an attachment.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Huntoon, Johnson, McCulloch, Moffitt, Obrecht, Palmer, Powers,
Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield. (16)
NAYS: Jacobs, Jensen, Kaczmar, Kingzett, Law, McPherson, Pernick, Quarles.
(8)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
DOB Of
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 3, 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 3rd day o A uSt 995.
-4.-%
—, D. Allen, County Clerk