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HomeMy WebLinkAboutPuget Sound Health Systems Agency MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into by the parties hereto pursuant to their agreement of July 12 , 1978. This Memorandum relates to structural changes within the Puget Sound Health Systems Agency (hereinafter the HSA) and is to be supplemented by a further agreement relating to operational changes within both the HSA and local governments. ARTICLE I . PURPOSE It is the purpose of this Agreement to define close working relationships between the HSA, its subarea councils (SACs) and local governments to improve their respective review processes where their requirements and obligations result in similar or duplicative functions. It is the intention of the parties to continue the process of working closely together in the public interest, and the parties hereto pledge to continue to act in good faith and to maintain close communications in their respective areas of expertise. ARTICLE II. LOCAL GOVERNMENT ORGANIZATIONS The local governments of the Health Service Area shall designate six local government organizations for the purpose of implementing this Agreement and commit themselves to represent all levels of general purpose local governments in appointments made from time to time. Designation of the six local government organizations shall be made before establishment of the Nominating Committee described in Article IV below. ARTICLE III. THE HSA BOARD The HSA shall establish a thirty (30) member Board of Directors by September 30, 1979 or as soon thereafter as possible. The six local government organizations shall appoint twenty—five percent (25%) of the members of the Board of Directors exclusive of the Veterans Administration and Health Maintenance Organization members. ARTICLE IV. HSA NOMINATING COMMITTEE A. Purpose The purpose of the Nominating Committee shall be to designate the • appointed members of the HSA Board; to nominate candidates for the elected membership of the HSA Board; and as officers thereof; to nominate candidates for future elected HSA Nominating Committee members; and, to assure compliance with the representational requirements of the National Health Planning and Resources Development Act of 1974, as amended, P.L. 93-641, et seq. (hereinafter referred to as the Act) . r-• 2 B. Membership The HSA shall elect one representative from each SAC to the HSA Nominating Committee. Each of the six local government organizations shall appoint one representative to the HSA Nominating Committee. All members of the Nominating Committee shall be subject to the attendance requirements of the HSA by—laws. C. Terms of Members Members of the Nominating Committee shall serve for two years, except that the terms of one—half of the appointed members and one—half of the elected members shall expire at the end of the first year. Determination of which terms expire at the end of the first year shall be by lot in each category at the time of the first meeting of the Nominating Committee. D. Selection Process Election and appointment of members of the Nominating Committee in the first and subsequent years of this Agreement shall be as follows: (1) First Year's Process (a) The six local government organizations shall appoint six persons to the first Nominating Committee, said appoint— ments to consist of two providers and four consumers, taking care to provide for the breadth of representation required by the Act. A majority of those appointed will be persons who have had at least one year's active involvement with the HSA or one of its SACs. (b) The existing HSA Nominating Committee will nominate six representatives, one per SAC, including three providers and three consumers. The six nominees will be submitted to the HSA board at the earliest meeting of the HSA board which can act upon the matter. Nominations from the floor as HSA representatives on the Nominating Committee may be made as provided for in the selection process for subsequent years. (2) Subsequent Years Taking consideration of member terms in paragraph C above, (a) The six local government organizations shall appoint six persons to the Nominating Committee,said appointments to consist of two providers and four consumers, taking care to provide for breadth of representation as required by the Act. A majority of those appointed will be persons who have had at least one year's active involvement with the HSA or one of its SACs. 3. (b) The outgoing HSA members of the Nominating Committee shall nominate one member from each SAC to serve on the Committee. At least three shall be HSA board members. The outgoing SAC members of the Nominating Committee shall assure that the new SAC members satisfy any requirements that the Nominating Committee be broadly representative of provider, consumer and community categories. In the event that a slate is proposed by the local governments which does not meet the representational requirements of the Act, then the HSA will advise local government of such failure and the parties will meet forthwith to bring such nominations into compliance. (c) At the annual HSA meeting, the report of the outgoing Nominating Committee will contain the proposed list of six new HSA members. Nominations from the floor will be permitted to contest the HSA—selected nominees, but such challenges shall be made for a specific consumer or provider position from the same subarea and of a suitable representational category. The chairman of the outgoing Committee will advise the presiding officer as to the suitability of each floor nomination. The HSA board will vote on the nominees for the three positions on the Committee to be filled by the HSA. E. Election Of A Chairman The Nominating Committee shall elect a chairman from among its members. ARTICLE V. HSA BOARD COMPOSITION The composition of the HSA board for the first and subsequent years of this Agreement shall be derived as follows: A. First Year (1) Appointive Process (a) The six local government organizations shall be entitled to seven appointments to the HSA board, two of whom must be from King County. (b) Each local government organization shall select for appointment one consumer, or one provider and a consumer alternate for appointment by a committee representing local governments in the entire region. The local government organization for Seattle—King County shall select at least two persons for two positions, at least one of whom is a consumer. (c) The committee representing local governments will review proposed appointees from local government organizations to assure that the persons suggested provide representation consistent with the representational requirements of the Act and will negotiate among local government organizations for changes necessary to create a list with not more than three providers. The Committee will submit the list of local government appointees to the HSA Nominating Committee. 4 (2) Election Process (a) Each of the SAC boards shall submit to the Nominating Committee a preference list containing three names for each consumer and provider position allotted to the SAC. (b) The Nominating Committee shall draw lots for the order in which the SAC preference lists will be considered by the Nominating Committee. (c) The Nominating Committee will select two persons from each SAC preference list, except from the King County SAC list from which it shall select five, filling eight consumer and seven provider positions and satisfying the specific consumer/provider category requirements of the Act. (d) The Nominating Committee shall next select from at large the names of consumers and providers to fill the remaining six positions on the Board, selecting names from the SAC preference lists whenever possible consistent with the representational requirements of the Act. (3) Representational Requirements (a) As often as may be necessary in the process of selecting candidates for membership on the Board, the parties shall negotiate voluntary compliance with the representational requirements of the Act. In any case where these requirements cannot be met, the Nominating Committee may require the local government committee to resubmit a name for one of its seven appointments. (b) All names selected by the Nominating Committee, with the exception of the seven local government appointments and the VA designee, will be voted on in accordance with the HSA . by—laws. B. Subsequent Years (1) Declaration of Intent As one—third of the seats on the Board of Directors becomes vacant each year, the Nominating Committee shall require a declaration of intent from each category of members of the Board having a vacancy to fill. Such declarations shall be used to develop a slate of candidates and appointees reflective of the representational requirements of the Act. 5 (2) Pooling of Vacancies The Nominating Committee shall pool the available vacancies according to representational characteristics and shall assign vacancies to the various categories of members in such a way as to rotate the required characteristics equitably consistent with the requirements of the Act. (3) Appointment and Election The local government organizations shall first fill their vacancies by appointment. Election of nominees shall be accomplished in accordance with the HSA by-laws. ARTICLE VI . SUB-AREA COUNCILS AND LOCAL GOVERNMENT Each of the six local government organizations shall negotiate with the respective SAC board regarding direct appointments to be made by local governments to the SAC board, executive committee and nominating committee. The negotiations shall include the number of direct appointments and other specific requirements necessary to be consistent with the Act and the July 17, 1978 agreement. With respect to the process establishing a SAC Nominating Committee, such process must also be consistent with the process adopted for the HSA Nominating Committee. At least one of the appointments to the SAC boards must be an elected official per se; the others may be representatives. ARTICLE VII. SAC MAILING LISTS SAC mailing lists for meeting agendas shall include at a minimum: A. In cities under 100,000 population, the mayor of that city. B. In cities over 100,000 population, the mayor and the presiding officer of the city council. C. The chairman of the county commissions, within their respective subareas, in subareas having such commissions. D. The chairman of the King and Whatcom County Councils and the King and Whatcom County Executives within their respective subareas. ARTICLE VIII. DISPUTE RESOLUTION Any controversy or claim arising out of or relating to this Agreement shall first be resolved by informal negotiations where that is possible. Where such resolution is not possible, such controversy or claim shall be settled by arbitration in accordance with the Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrator(s) may be entered in any Court having jurisdiction thereof. 6 ARTICLE IX. REVIEW AND MODIFICATION OF AGREEMENT This agreement shall be reviewed annually by each party 60 days prior to its anniversary date. It shall be extended for an additional year unless a party proposes its amendment in which case agreement must be reached on the proposed amendment prior to its extension for an additional year. /Q / 79 Date Preside t, Puget Sound Council of ,Governments / 4:e'-/- 7 ate President, Puget Soun th Systems Agency,.. . • Ddite Chair Nor hwest Regional Council Chairman, Clallam Co Board of�ommissioners ate Chairman, of erson County-oard of Commissioners 0 Grand Central on the Park •216 First Avenue South • Seattle, Wash. 98104 • 206/464-7090 J_,! Puget Sound Council of Governments April 23, 1979 A. M. O 'Meara, Commissioner Jefferson County Commission Jefferson County Courthouse Fort Townsend, Washington 98368 RE: HSA Agreement Dear Comissioner O'Meara: Enclosed for your official records is an original signed copy of the Memorandum of Understanding with the Puget Sound Health Sytems Agency. The agreement became effective on April 18 , 1979 . Signatures on the Interlocal Agreement (between the Counties) are still being obtained. I will send you a copy when fully executed. Respectfully, arbara A. Hastings Encl .