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HomeMy WebLinkAboutBHAC BY-LAWS UPDATED 9-25-2024FINAL draft Bylaws – 10/2/18 UPDATED- 9/25/2024 Page 1 JEFFERSON COUNTY Behavioral Health Advisory Committee BY- L AWS Updated/Draft: 9-25-2024 1. NAME The Jefferson County Behavioral Health Advisory Committee (“the Committee”). 2. MISSION It shall be the mission of the Committee to help prevent and reduce the impacts of behavioral health issues, (mental illness and substance abuse disorders) by supporting programs which strengthen and enhance the continuum of care for treatment of people at risk of or with behavioral health disorders in Jefferson County. • INTENT A. The 1/10th of 1% sales tax will fund behavioral support programs that contribute directly to the continuum of care available to residents of Jefferson County impacted by behavioral health issues, (mental illness and substance abuse disorders). These programs shall employ evidence -based or promising practices which are collaborative, client centered, recovery and resilience based, fiscally responsible and culturally competent. As a result, costly and less effective interventions of emergency services and the criminal justice system will be reduced. 3. PURPOSE OF THE 1/10th of 1 PERCENT SALES TAX (or Mental Health/Substance Abuse Sales Tax) With the authority granted to counties in RCW 82.14.460, (http://apps.leg.wa.gov/RCW/default.aspx?cite=82.14.460) the Jefferson County Board of County Commissioners approved and adopted the 1/10th of 1 percent sales tax in Ordinance No. 08-1003-05, signed October 3, 2005; and approved and adopted Resolution NO. 78-05, signed December 19, 2005. These by-laws replace the associated Manual, dated July 1, 2006; that was adopted and approved by the Board of County Commissioners, signed on July 3, 2006. 4. PURPOSE OF THE COMMITTEE The purpose of the Committee is to: a. Assess RFP proposals to address the needs outlined in the Committee’s funding priorities and make recommendations to the BoCC. The Committee may also address Emergency/Emergent requests with targeted funding. b. Review and measure specific performance outputs/outcomes and data of contracted vendors, to ensure funding is meeting proposed funding priorities. c. Ensure that the implementation and evaluation of the strategies and programs funded by the 1/10th of 1% sales tax are transparent, accountable and collaborative. FINAL draft Bylaws – 10/2/18 UPDATED- 9/25/2024 Page 2 5. MEMBERSHIP a. Appointment/Terms The committee shall be comprised of ten (10) regular members and ten (10) alternate members. An ad will be put into the paper of record. A County volunteer application and an interview will be required for positions that are not appointed. The Jefferson County Board of County Commissioners shall appoint new members and alternates with recommendations from the BHAC Chair, Co-Chair and County Staff. To ensure continuity, the initial Committee will be made up of three members appointed for one- year terms; three members will serve two-year terms; and three members will serve three- year terms. b. BHAC Committee Members/Representation Committee members should have expertise on the subject matter of this committee, represent a geographic distribution within Jefferson County and shall include: (1) One (1) Regular Member/ Jefferson County Board of County Commissioners a. One (1) Alternate Member/ Jefferson Co Board of County Commissioners (2) One (1) Regular Member/ Jefferson Co Prosecutors Office a. One (1) Alternate Member/ Jefferson Co Prosecutors Office (3) One (1) Regular Member/ Jefferson Co Public Defenders Office a. One (1) Alternate Member/ Jefferson Co Public Defenders Office (4) One (1) Regular Member/ Jefferson Co Board of Health a. One (1) Alternate Member/ Jefferson Co Board of Health (5) One (1) Regular Member/ Hospital Commissioner a. One (1) Alternate Member/ Hospital Commissioner (6) One (1) Regular Member/ Law Enforcement a. One (1) Alternate Member/ Law Enforcement (7) One (1) Regular Member/ Port Townsend City Council a. One (1) Alternate Member/ Port Townsend City Council (8) One (1) Regular Member/ School District-Rep. County wide a. One (1) Alternate Member/School District-Rep. County wide (9) One (1) Regular Member /Community At-Large Position/with lived experience w/Mental Health & Substance Abuse a. One (1) Alternate Member/ Community At-Large Position/with lived experience w/Mental Health & Substance Abuse (10) One (1) Regular Member/ Community Resources Position representing Transportation or Housing a. One (1) Alternate Member/ Community Resources Position representing Transportation or Housing FINAL draft Bylaws – 10/2/18 UPDATED- 9/25/2024 Page 3 c. Alternate Representation Regular committee members can request their alternate to attend a meeting in their absence. Alternate members are able to vote at the meeting. d. Duties/Expectations The Committees specific responsibilities include, but are not limited to: (1) Planning and Goal Setting: a. Planning the expenditure of the available funding based on community needs and goals. (2) Oversight Role: a. Upon assessment of the RFP applications, the Committee will make funding and proposal recommendations to the BoCC that are based on meeting the Committee’s funding priorities and the County’s behavioral health service needs. b. Review data outcomes on an annual basis to determine the success and achievement of Committee funded proposals and County behavioral health goals. c. Provide an avenue for community members to voice their concerns or suggestions for services to people with behavioral health issues, (mental illness and substance abuse disorders) by having a dedicated time for public comments at the beginning of the meeting and at the end. (3) Members are expected to be knowledgeable about the essential matters confronting the Committee including policy guidelines. Members are expected to assist each other in the orientation and education related to the responsibilities. Members will conduct all activities in an ethical and responsible manner. 6. TERMINATION a. Resignation Resignations by members shall be submitted in writing to the Chair and County Staff. Staff will forward a copy of the resignation to the BoCC. b. Removal by Board of County Commissioners The Board of County Commissioners may remove a member when it determines that they have knowingly violated policies in the by-laws. Notification will be by letter. FINAL draft Bylaws – 10/2/18 UPDATED- 9/25/2024 Page 4 7. ATTENDANCE All members are expected to attend regularly scheduled meetings. Committee members shall notify County Staff in advance if unable to attend any regular meeting. Example of excused absences are illness, vacation, and work out of town and furlough days. Members may be removed from membership by action of the BoCC for la ck of attendance. Lack of attendance is considered for any of the following: • 4 excused absences in a calendar year, • 3 unexcused absences in a calendar year or • 2 consecutive unexcused absences in a calendar year. 8. MEETINGS a. Open Public Meetings All meetings shall be subject to the requirements of the Open Public Meetings Act (OPMA), Chapter 42.30 RCW: • All meetings of the committee shall be open and public, and all persons shall be permitted to attend any meeting. RCW 42.30.030. • A “meeting” under the OPMA occurs when a quorum gathers with the collective intent of transacting the governing body’s official business. RCW 42.30.020. A meeting does not have to be in person and can be on-line. • A quorum of the committee is at least one more than half of the membership. RCW 42.30.020. • “Official business” includes receipt of public testimony, deliberations, discussions, considerations, reviews, evaluations, and final actions. RCW 42.30.020. • Committee members are subject to personal liability of $500 for the first violation and $1000 for any subsequent violation of OPMA. • Any person who prevails against a public agency in any action in the courts for a violation of OPMA shall be awarded all costs, including reasonable attorneys’ fees, incurred in connection with such legal action. RCW 42.30.120. • The Committee will comply with OPMA-Resolution 50-22/Link is below: https://test.co.jefferson.wa.us/WeblinkExternal/DocView.aspx?id=4113019&d bid=0&repo=Jefferson. FINAL draft Bylaws – 10/2/18 UPDATED- 9/25/2024 Page 5 b. Open Government Training All regular BHAC members and alternate BHAC members must take the trainings that are listed below. When the trainings have been completed, the certificate of completion should be printed out, signed and sent to the BoCC office. • Public Records Act Training Video • Open Public Meetings Act Training Video • Open Public Meetings Act (OPMA) Guidelines for Boards and Committees • Attorney General's Office Public Records Act Training • Records Retention and Management Training Video o Certificate of Completion/ Open Government Training Certificate of Completion c. Regular Meetings The Committee shall meet at intervals established by the Chair of the Committee, membership and County Staff. Regular meetings may be canceled or changed to another specif ic place, date and time provided that notice of the change is delivered by car, mail, fax, or electronic mail within twenty-four (24) hours, to the Committee and general public. d. Notice Public Health will provide notice of regular meetings to Committee members, interested persons, news media that have requested notice, and the general public. e. Special Meetings Special meetings may be called by the Chair with notice to all members and the general public not less than 24 hours prior to the time of the special meeting. A special meeting should be called only if necessary to conduct business that cannot wait until the next regularly scheduled meeting. Notice will be provided as soon as possible to encourage public participation. f. Meeting Location The BHAC meeting is normally held on the second Tuesdays of every other month from 2:3pm to 4:30pm. The BHAC is a hybrid meeting: in-person at the Courthouse- 1820 Jefferson Street, Port Townsend in the BoCC Chambers and virtual on Zoom. g. Quorum The majority of the appointed membership of the Committee will constitute a quorum for the meeting to occur. A quorum is at least one more than half of the membership. FINAL draft Bylaws – 10/2/18 UPDATED- 9/25/2024 Page 6 h. Voting Each committee member or alternate who is present at the meeting, including the Chair and Co-Chair is entitled to one vote. An affirmative vote of a majority of voting members present shall be required to pass an action or recommendation from the Committee. Proxy votes are not allowed. Voting will generally be done vocally and will be recorded in the minutes. Voting by secret ballot is prohibited by the Open Meetings Act, RCW 42.30.060. Members of the Behavioral Health Advisory Committee that have personal, family or professional interest on an action item deemed conflicting or infringe upon the appearance of fairness shall declare the conflict and refrain from discussing or voting on such matters. See Section 10. h. Minutes Minutes will include the date, members present, motions, proposals, resolutions, proposed recommendations and due dates, if applicable. Draft minutes will be distributed to the membership, prior to the next regular monthly meeting for comment and correction. Minutes will be formally approved at the regular meeting and County staff will post the final version of the minutes on the County website. i. Agendas The Chair and County staff will coordinate preparation of meeting agendas. With approval of the Chair, items may be placed on a meeting agenda by any member or by County staff, in advance of the meeting or at the meeting, if it is not a Special meeting. (This can cover exigencies outside of the regular planning/RFP process.) Draft agendas will be distributed to the membership, prior to the next regular monthly meeting and posted to the County website. Agendas will be formally approved at the regular meeting. j. Parliamentary Procedure Robert’s Rules of Order will govern parliamentary procedure at regular and sp ecial meetings. 9. PUBLIC RECORDS ACT a. The Public Records Act at RCW 42.56.100 requires that “Agencies shall adopt and enforce reasonable rules and regulations … to protect public records from damage or disorganization.” b. Jefferson County is the agency tasked with the protection of the records of the committee. c. Emails: All emails between committee members must be preserved. To do this, the County set up a generic MHSAAC@co.jefferson.wa.us email address. All emails between Committee members must include that address as a TO: or CC: recipient. FINAL draft Bylaws – 10/2/18 UPDATED- 9/25/2024 Page 7 d. Text Messages: This form of communications must not be used for committee business, because the technical effort that is involved in disclosure, retrieval and production of those public records is very difficult. 10. ANTI-HARASSMENT/DISCRIMINATION The County will not tolerate acts that discriminate against another volunteer or staff because of race, color, national origin, sex, sexual orientation, religion, and creed, marital or veteran’s status, age, disability status, or on any basis prohibited by local, state, or federal laws. It is the County’s policy to provide a work environment for volunteers and staff which is harmonious and free from intimidation and harassment. To this end, the County does not tolerate any form or degree of harassment, including unsolicited remarks, gestures, or physical contact; display or circulation of written materials or pictures derogatory to either gender or to racial, ethnic, or religious groups; or decisions based upon a volunteer’s response to sexually-orientated requests. The County prohibits sexual harassment of its volunteers within the workplace by other volunteers or outside individuals. “Sexual harassment” means unwelcome sexual advances, request of favors and other offensive verbal or physical conduct of a sexual nature when: (a) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; (b) submission to, or rejection of, such conduct by an individual is used as the basis for employment decisions affecting such individuals; or, (c) such conduct has the purpose or effect of unreasonably interfering with the individual’s work performance or creating an intimidating, hostile, or offensive working environment. 11. SAFETY POLICY No volunteer shall be allowed to display violent or threatening behavior to other volunteers, the public, vendors, County staff or contractors while on County property. Such actions will result in disciplinary action up to and including termination. Given the County’s commitment to ensuring a healthy, safe, and non-violent work environment, prohibitive behavior includes, but is not limited to: • Any threat of harm towards persons or property. • Any threatening or actual physical act such as threatening gesture, hitting, pushing, kicking, holding, impeding, or blocking the movement of another person. • The use, threatening use or possession of firearms, other weapons, or explosives, openly or concealed, licensed or otherwise, while performing County business and/or while on County premises including parking lots. Weapons are defined as any object, instrument, or chemical used to inflict harm or injury to another person or any item used in a manner threatening harm or injury to another person. Possession of mace, pepper spray or like substances for defensive purposes is not a violation of this policy. FINAL draft Bylaws – 10/2/18 UPDATED- 9/25/2024 Page 8 A volunteer needs to notify the County Staff immediately if the volunteer is aware of any apparent violation of this policy. If the volunteer has knowledge of any individual in possession of a firearm, weapon, or explosive on County premises; is being threatened while on the job by another committee member, member of the public, vendor, or contractor; or is aware of an individual who demonstrated behavior in a manner threatening harm or injury to another person. The County will investigate the specifics of the situation. 12. SAFETY PROCEDURE The County is concerned about the safety of its staff and volunteers and has established a program to identify and eliminate workplace hazards. As a volunteer, your safety and health responsibilities are the same as any staff member. Specifically, you are responsible for following all safety and health rules, promptly reporting all unsafe conditions and injuries, wearing any required personal protective equipment, taking reasonable precautions to ensure the safety of others, and not working if you feel unsafe. 13: TOBACCO, ALCHOHOL AND DRUG FREE WORK ENVIRONMENT: For health and safety considerations, the County prohibits smoking in all County facilities, including County-owned buildings, vehicles and offices or other facilities rented or leased by the County, including individual employee offices. The manufacturing, possession, distribution, dispensing, or using alcohol or controlled substances in the workplace is strictly prohibited. The policy restricting controlled substances in the workplace includes ensuring that volunteers are free from the influence of controlled substances or alcohol while performing their duties. 14: INDUSTRIAL INSURANCE: The County provides industrial insurance coverage for volunteers. This insurance only covers medical expenses incurred due to injuries sustained during volunteer work. If your injuries require medical treatment, inform your health care provider that you were injured at work and that the County has insurance. Ask your provider to initiate a Workers’ Compensation claim for you before you leave their office. All health clinics, hospitals and doctor offices have the State form and will assist with completing it. 15. POLITICAL ACTIVITY: Volunteers may participate in political or partisan activities of their choosing, provided that County resources and property are not utilized. Volunteers may not campaign while representing the County on this committee. Volunteers may not allow others to use County facilities or funds for political activities. Any County volunteer who meets with, is observed by the public, or otherwise represents the County to the public while performing duties for this committee may not wear or display any button, badge, or sticker for or against any candidate or ballot issue. Volunteers shall not solicit, on County property or during committee work time, any contribution for a partisan or non-partisan political cause. FINAL draft Bylaws – 10/2/18 UPDATED- 9/25/2024 Page 9 16. OFFICERS a. Chair and Co-Chair The position of Chair shall be held by the Jefferson County Commissioner. The position of Co-Chair shall be held by the PT City Council Member. b. Chair Responsibilities The Chair will lead and guide the conduct of public meetings. The Chair will be the main contact between the Committee and County staff. c. Co-Chair Responsibilities In the absence of the Chair, the Co-Chair will assume the Chair’s responsibilities. If neither the Chair nor the Co-Chair is available for a public meeting, the assembled members will select a temporary chairperson to conduct the meeting. 17. SPECIAL COMMITTEES The Committee may authorize the Chair to appoint members to ad-hoc committees as necessary to deal with special projects, problems or issues. All ad-hoc committees will report their information and/or recommendations to the full Committee. Ad-hoc Committees may not make independent decisions outside of a regular Committee meeting. For any documentation to be presented to the Committee, the County Staff can be sent a digital copy no less than twenty-four (24) hours prior to a regular meeting and they will email copies and prepare copies for the regular meeting. 18. CONFLICTS OF INTEREST In service to the community, it is essential that any and all potential conflicts of interests, real or perceived, be transparently acknowledged and addressed with a firm set of guidelines and bylaws. Members of the Committee having personal, family or professional interest concerning any matter before the Committee that may be deemed conflicting or infringe upon the appearance of fairness shall declare the conflict and refrain from discussing or voting on such matters. A conflict of interest shall be defined as any issue in which there is conflict between a member’s public obligation and private interests including financial and other interests. Below are examples that might constitute a conflict of interest and should be disclosed: • Employment or any other association with any entity that is currently receiving 1/10th of 1 percent tax monies, or could potentially receive funding in the future. • Financial investments and/or interests in any activity or entity involved or potentially involved in 1/10th of 1 percent projects. • Existing professional or personal associations with funded projects or personnel. • Personal convictions which could potentially interfere with impartiality in discussing and voting on any particular issue. FINAL draft Bylaws – 10/2/18 UPDATED- 9/25/2024 Page 10 Committee members are expected to declare a conflict of interest prior to consideration of any matter causing a potential or actual conflict. After any questions pertinent to that particular board member, the Committee may ask the member to recuse him or herself from not only voting on the issues currently being considered, but also from the discussion and/or debate around the issues at hand before voting occurs. At no point should a committee member ever be inquiring or advocating for funds or decisions in favor of any entity in which he or she represents or in which he or she has some other interest or involvement. Violations may lead to recommendation for removal from the Committee. Contested conflicts and/or violations may require outside consultation as deemed appropriate by either the majority vote of the Committee and/or the BoCC. 19. AMENDMENT TO BYLAWS The Committee will periodically review their bylaws and may propose amendments to the bylaws. Any amendments to the by-laws shall be agreed upon by a majority vote. 20. PUBLIC COMMENTS Any member of the public will be welcome to attend and provide input at meetings. Public comments will be encouraged at the beginning and end of every Behavioral Health Advisory Committee Meeting. The Chair may establish time limits for individuals who wish to speak. In 2022, the Legislature made important changes to the Open Public Meeting Act. Now there is a requirement in OPMA to provide for public comments before any decision of a Jefferson County Board, Commission or Committee. Decisions include, but are not limited to the results of motions. Failure to comply with OPMA has serious implications, including possibly voiding decisions made that violate OPMA, fines for members of boards, commissions or committees, a liability for attorney’s fees for the County.