[HISTORY: Adopted by the Board of Supervisors
(now County Legislature) of Tompkins County 8-23-1965 by L.L. No.
2-1965. Amendments noted where applicable.]
A Community Mental Health Board is hereby established
by the County Legislature of Tompkins County.
The purpose of this chapter is to encourage
the development of preventative, rehabilitative and treatment services
through new community mental health programs, the improvement and
expansion of existing community services in the field of mental illness,
mental deficiency, epilepsy, and behavior or emotional conditions,
and the integration of community, regional and state mental health
services and facilities.
The Community Mental Health Board shall consist
of nine members including the two ex officio members, seven of which
shall be appointed by the Chairman of the County Legislature of Tompkins
County on recommendation of the Health Committee. Two of the said
members shall be physicians actively engaged in private practice.
The Board shall be representative of interested groups in the community,
and at the discretion of the Chairman of the Board may include a member
of the governing body of the county; an officer or employee of a school
district within the county; persons familiar with practice in courts
of criminal jurisdiction or family courts, and members or employees
of voluntary health, welfare or mental health agencies.
The term of each member of the Board shall be
for four years; provided, however, that, of the members first appointed,
two shall be appointed for a term of two years, two for a term of
three years and three for a term of four years. All terms shall be
measured from the first day of the year of appointment. Vacancies
shall be filled for the unexpired term in the same manner as original
appointments.
The Commissioner of Public Welfare and the Commissioner
of the Tompkins County Health Department shall be members ex officio.
Any appointive Board member may be removed by
the Chairman of the County Legislature for neglect of duty, misconduct
or malfeasance in office, after being given a written statement of
the charges and an opportunity to be heard thereon.
Members of the Community Mental Health Board
may receive such per diem compensation as may be provided by local
appropriations therefor.
The Community Mental Health Board shall be an
agency of the county and subject to the laws and requirements relating
to such agency.
Actual and necessary expenses incurred by this
Board and its members in the performance of duties imposed upon it
or its members shall be a charge on the county and shall be audited,
levied and paid in the same manner as other county charges, within
limits of the appropriations therefor.
Subject to the provisions of the Mental Hygiene
Law of the State of New York and the regulations of the Commissioner,
the Community Mental Health Board shall have all of the powers and
duties as set forth in § 190-c of the Mental Hygiene Law
of the State of New York,[1] as the same may be amended from time to time.
[1]
Editor's Note: the Mental Hygiene Law was
recodified by L. 1972, c. 251. See now § 41.13.
The Director of the Community Mental Health
Board shall be a psychiatrist appointed by the Community Mental Health
Board whose qualifications meet standards fixed by the State Commissioner
of Mental Hygiene. Said Director need not be a resident of the county,
and he may be employed on a full- or part-time basis.
The Director of the Community Mental Health
Board shall have all powers and duties as set forth in § 190-d
of the Mental Hygiene Law,[1] as the same may be amended from time to time.
[1]
Editor's Note: The Mental Hygiene Law was
recodified by L. 1972, c. 251. See now §§ 41.05, 41.09
and 41.13.
Compensation of the Director shall be fixed
by the Community Mental Health Board as recommended by the Civil Service
and Salaries Committee and approved by the Board, within the amounts
made available by appropriation therefor. In addition to such compensation,
the Director shall be allowed his actual and necessary expenses in
the performance of official duties.
The Board may remove the Director for cause,
upon written charges, and after such Director, upon due notice, has
been given an opportunity to be heard.
Notwithstanding any inconsistent provision of
law, general, special or local, no person shall be ineligible for
Board membership or appointment as Director under or pursuant to this
chapter because he holds any other public office, employment, or trust,
nor shall any person be made ineligible to or forfeit his right to
any public office, employment or trust by reason of such an appointment
under this chapter.
State reimbursement and fees charged by the
clinics shall be governed in accordance with Article 8-a of the Mental
Hygiene Law and amendments thereto.
