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HomeMy WebLinkAboutResolution - 3911 - Joint Resolution - MHMRC, Lubbock County, LISD - MHRCBT Appointment Process - 06_11_1992Resolution No. 3911 June 11, 1992 Item #23 JOINT RESOLUTION This Joint Resolution is entered into by and between LUBBOCK REGIONAL MENTAL HEALTH MENTAL RETARDATION CENTER, hereinafter referred to as "Center', and THE CITY OF LUBBOCK, LUBBOCK COUNTY and THE LUBBOCK INDEPENDENT SCHOOL DISTRICT, collectively hereinafter referred to as "Local Agencies" and totally supersedes and replaces the Joint Resolutions dated 12-11-89 and 12-14-89 executed by the parties hereto. WHEREAS, Center has been established jointly by the local Agencies in accordance with Vernon's Annotated Civil Statutes Article 5547-2.03 as amended by Senate Bill 112 enacted by the 72nd Texas Legislature and as recodified in the Texas Health and Safety Code section 5345.001; and WHEREAS, the governing bodies of the local Agencies shall appoint the Center Board Members pursuant to the Texas Health and Safety Code Section 534.003; and WHEREAS, Senate Bill 112 enacted by the 72nd Texas Legislature requires the organizational combination of Local Agencies that establishes a community center to: (1) establish the application procedure for a position on the Board of Trustees; (2) establish the procedure for criteria for making appointments to the board of Trustees; (3) establish the procedure for posting notice of and filling a vacancy on the Board of Trustees; (4) establish the grounds and procedure for removing a member of the Board of Trustees; and (5) establish a procedure to ensure that an appointed member of the Board of Trustees appointed by a local agency or local combination of local agencies primarily located only in one county serves not more than four (4) consecutive and complete two-year terms. These procedures are more fully set out in Exhibit "A" attached hereto and incorporated herein for all purposes; and WHEREAS, the Texas Council of Community MHMR Center Board of Directors has developed suggestions for criteria for selection of Community MHMR Center Board members, a copy of which is attached hereto and incorporated herein for all purposes as Exhibit "B"; and JOINT RESOLUTION - Page 1 WHEREAS, it is deemed expedient and in the public interest for the Local Agencies to establish such procedures and incorporate such suggestions as are now required by Senate Bill 112 and promulgated by the Texas Council of Community MHMR Centers Board of Directors; NOW, THEREFORE, BE IS RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, THE COMMISSIONERS OF LUBBOCK COUNTY, AND THE BOARD OF TRUSTEES OF LUBBOCK INDEPENDENT SCHOOL DISTRICT: That the procedures set forth in Exhibit "A" hereto, which is hereby made a part of the Resolution for all intents and purposes just as though it were copied herein in detail, and the suggestions and criteria set forth in Exhibit "B" attached hereto, which is hereby made a part of the Resolution for all intents and purposes as though it were copied herein in detail, are hereby adopted with regard to establishing procedures and suggesting criteria pertaining to the appointment of Center Board of Trustees. Passed this 11th day of June the City of Lubbock, Texas. ATTEST: Ran to Boyd, City Secre ary 1992, by the City Council of Passed this 8th day of June 1992, by the County Commissioners of Lubbock, Texas. ATTEST: By: ri� Ann Davidson, County Clerk JOINT RESOLUTION - Page 2 APPROVED AS TO CONTENT: Bob Cass, Deputy City Manager LUBBOCK COUNTY: e By � DON McBEATH, County Judge APPROVED AS TO ORM: n D n ndiv r, ssistant i y Atto�ey Passed this 25th day of June of Lubbock Independent School District. ATTEST: By y JOINT RESOLUTION - Page 3 1992, by the Board of Trustees LUBBOCK INDEPENDENT SCHOOL DISTRICT: i By: R GRIMES, Chairperson 01Nff1N/1R ubbock .'-'] 11 M'.111,11 fic%11111 N1k:1)1')1 RL'kk:tm'hnoll ( , cIltcl July 6, 1992 E 9C. JUL ;A I City of Lubbock P. O. Box 2000 Lubbock, Texas 79401 Dear Mayor Langston: I am enclosing a fully executed copy of the Joint Resolution between Lubbock Regional MHMR Center and The City of Lubbock, Lubbock County and Lubbock Independent School District related to the procedures for appointment and removal of MHMR Board of Trustees member. Please call me at (806) 766-0202 if you have any questions. Sincerely, Gene Menefee Executive Director GM/ss Encl. cc: Mr. Larry Cunningham, City Manager Mr. Harvey Morton, Chairman, Board of Trustees 1210 I c\ 0,10 . Lubbock, I C\,,� 79401-40� SM) 66- ) An ECILKI) Oj1rO1-tL111it% L111111M, Scj\ jjj:, codii,in. ( io,h\ Hocklc\ . Lubbock. 1 \ 1111 ( 011PHL" PROCEDURES A. Procedure for Appointments to the Board of Trustees 1. During the month of June each year or as vacancies occur, the Board of Trustees through the Executive Director will notify each sponsoring agency of the members completing a term of office and will provide the names of any persons known to be interested and willing to serve in this capacity. Vacancies occurring for reasons other than completion of the term of office will be reported in the same manner. 2. The sponsoring agency will post a notice of such vacancy in a public place for at least vie (5) working days and will accept application from persons interested and willing to serve in this capacity. 3. Following receipt of applications the sponsoring agency will place this item on the agenda of a regular posted meeting and will officially appoint the member or members to the Board of Trustees for a two (2) year term. The attached criteria recommended by the Texas Council of Community MHMR Centers will be observed. 4. The sponsoring agency will notify the member appointed and the Board of Trustees of such action. 5. Appointments are for a two (2) year term beginning on September 1, except for appointments to replace members with time remaining in a term. In that event, the appointment will be for the unexpired term of the member replaced. 6. The sponsoring agency, in appointing board members, shall attempt to reflect the ethnic and geographic diversity of the local service area the community center serves. 7. The sponsoring agencies shall include on the board one (1) or more persons otherwise qualified under this action who are consumers of the type of services the center provides or who are family members of consumers of the type of services the center provides. B. Procedure for Removing a member of the Board of Trustees Members of the Board of Trustees may be removed by the sponsoring agency for various reasons including but not limited to the following: PROCEDURES - Page 1 EXHIBIT "A" 1. Non-compliance with attendance requirements established by the Board of Trustees. 2. Conflict of interest. The procedure for removal of a member of the Board of Trustees is as follows: 1. Recommendation for removal of a member will be made by the Board of Trustees following a majority vote of a quorum. 2. The chair will notify the sponsoring agency for the recommendation of the Board of Trustee to remove specifying the reason for such action. 3. The sponsoring agency will place the item on the agenda of a regular posted meeting and take official action. 4. The sponsoring agency will notify the member affected and the Board of Trustees of such action. 5. The procedure for filling such a vacancy will be the same as (A) above. C. Procedures for Limiting Terms 1. The notification submitted by the Executive Director to the sponsoring agency shall contain information concerning the number of consecutive and completed terms by the Trustee who is being considered for reappointment in order to ensure that no Trustee serves more than four (4) consecutive and complete previous terms. PROCEDURES - Page 2 EXHIBIT A " SUGGESTIONS FOR CRITERIA FOR SELECTION OF COMMUNITY MHMR CENTER BOARD MEMBERS Texas statute outlines the procedures for local appointing bodies to follow in the appointment of trustees to board of local community MHMR centers. On occasion these appointing bodies (county commissioners' court, city councils, etc.) inquire as to criteria to be used to appoint there trustees. The Texas Council of Community MHMR Centers has developed the following criteria as suggestions. At the outset it should be noted that no one person generally possesses all of the characteristics. However, a competent board should have members who collectively represent all of the criteria. 1. Persons appointed to a board should have sincere interest and a commitment to people and a desire to serve the community. The appointee should have a concern that the mental health and mental retardation needs of the people in the region are met by the center. 2. A second quality desirable in appointees is a willingness to commit time and effort in serving on the board. Before accepting an appointment to a board, a person should be made aware that in Texas the Board of Trustees of a community center is an active, working group with real responsibilities for setting policy at the center. If the person has the time or the motivation to attend only a single monthly meeting, he or she will probably only make minimal contributions to the functioning of the board. 3. A well balanced board would be representative of many different spheres of influence in the community. A board should also have community influence. For example, they could have good working relationships with powerful or influential citizens in the region whose aid is often necessary to get needed funding or community support for Center programs. Also, board members could be acknowledged leaders in local organizations who can present the center's needs to these groups and gain their backing. 4. Other qualities that are suggested as desirable in board members are dedication to community service, respectability in the community, personal integrity, civic mindedness or community spirit, and a basic concern for human beings. Further, it was felt that Board members should have the ability to deal with large quantities of data and to make objective decisions based upon these SUGGESTIONS FOR CRITERIA FOR SELECTION OF COMMUNITY MHMR CENTER BOARD MEMBERS - Page 1 EXHIBIT "B " facts, that they should have a desire to be well informed on issues affecting the center, and that they should be motivated to serve on a board for other than reasons of prestige or self enhancement. Some of the board members might also be expert in law, business, and/or finance. In sum, board members should be motivated to serve the community rather than their personal needs. SUGGESTIONS FOR CRITERIA FOR SELECTION OF COMMUNITY MHMR CENTER BOARD MEMBERS - Page 2 EXHIBIT 'B "