N.Y. MHY Law § 41.11 — New York Code / Act MHY / Title E / Article 41 / Section 41.11
Composition of boards
Status: in_force

§ 41.11 Composition of boards.\n  * (a) In all local governments with a population less than one hundred\nthousand, community services boards, at the option of the local\ngovernment, shall have either nine or fifteen members appointed by the\nlocal government. In all other local governments, a community services\nboard shall have fifteen members appointed by the local government.\n  Whenever practicable at least one member shall be a licensed physician\nand one member shall be a certified psychologist and otherwise at least\ntwo members shall be licensed physicians, such members to have\ndemonstrated an interest in the field of services for persons with\nmental disabilities. The other members shall represent the community\ninterest in all the problems of persons with mental disabilities and\nshall include representatives from community agencies for persons with\nmental illness, developmental disabilities, and those suffering from\nalcoholism and substance abuse. The community services board shall have\nseparate subcommittees for mental health, developmental disabilities,\nand alcoholism or, at the discretion of the local government, alcoholism\nand substance abuse. Each separate subcommittee shall have no more than\nnine members appointed by the local government, except that each\nsubcommittee for mental health shall have no more than eleven members\nappointed by the local government. Three of each such subcommittee shall\nbe members of the board. Each separate subcommittee shall be composed of\npersons who have demonstrated an interest in the field of services for\nthe particular class of mentally disabled and shall include former\npatients, parents or relatives of such persons with mental disabilities\nand community agencies serving the particular class of mentally\ndisabled, except that each subcommittee for mental health shall include\nat least two members who are or were consumers of mental health\nservices, and at least two members who are parents or relatives of\npersons with mental illness. Each separate subcommittee shall advise the\ncommunity services board and the director of community services\nregarding the exercise of all policy-making functions vested in such\nboard or director, as such functions pertain to the field of services\nfor the particular class of mentally disabled individuals represented by\nsuch subcommittee. In addition, each subcommittee for mental health\nshall be authorized to annually evaluate the local services plan, and\nshall be authorized to report on the consistency of such plan with the\nneeds of persons with serious mental illness, including children and\nadolescents with serious emotional disturbances. Any such report shall\nbe forwarded annually to the community services board and the director\nof community services and a copy shall also be sent to the commissioner\nprior to the submission of the local services plan, provided, however,\nthat the provisions of this paragraph shall not apply to cities of over\na million in population.\n  * NB Effective until March 31, 2027\n  * (a) In all local governments with a population less than one hundred\nthousand, community services board, at the option of the local\ngovernment, shall have either nine or fifteen members appointed by the\nlocal government. In all other local governments, a community services\nboard shall have fifteen members appointed by the local government.\n  Whenever practicable at least one member shall be a licensed physician\nand one member shall be a certified psychologist and otherwise at least\ntwo members shall be licensed physicians, such members to have\ndemonstrated an interest in the field of services for the mentally\ndisabled. The other members shall represent the community interest in\nall the problems of the mentally disabled and shall include\nrepresentatives from community agencies for individuals with mental\nillness, developmental disabilities, and those suffering from alcoholism\nand substance abuse. The community services board shall have separate\nsubcommittees for mental health, developmental disabilities, and\nalcoholism or, at the discretion of the local government, alcoholism and\nsubstance abuse. Each separate subcommittee shall have no more than nine\nmembers appointed by the local government. Three of each such\nsubcommittee shall be members of the board. Each separate subcommittee\nshall be composed of persons who have demonstrated an interest in the\nfield of services for the particular class of mentally disabled and\nshall include former patients, parents or relatives of such mentally\ndisabled persons and community agencies serving the particular class of\nmentally disabled. Each separate subcommittee shall advise the community\nservices board and the director of community services regarding the\nexercise of all policy-making functions vested in such board or\ndirector, as such functions pertain to the field of services for the\nparticular class of individuals with mental disabilities represented by\nsuch subcommittee. Provided however that the provisions of this\nparagraph shall not apply to cities of over a million in population.\n  * NB Effective March 31, 2027\n  * (b) In cities of over a million a community services board shall\nconsist of fifteen members to be appointed by the mayor. There shall be\nat least two residents of each county within such cities on the board.\nAt least one shall be a licensed physician and at least one shall be a\ncertified psychologist. The other members shall represent the community\ninterest in all of the problems of the mentally disabled and shall\ninclude representatives from community agencies for persons with mental\nillness and developmental disabilities, and those suffering from\nalcoholism and substance abuse. The community services board shall have\nseparate subcommittees for mental health, developmental disabilities,\nand alcoholism or, at the discretion of the local government, alcoholism\nand substance abuse. Each separate subcommittee shall have no more than\nnine members appointed by the local government, except that each\nsubcommittee for mental health shall have no more than eleven members\nappointed by the local government. Three members of each such\nsubcommittee shall be members of the board. Each separate subcommittee\nshall be composed of persons who have demonstrated an interest in the\nfield of services for the particular class of mentally disabled and\nshall include former patients, parents or relatives of such persons with\nmental disabilities and community agencies serving the particular class\nof mentally disabled, except that each subcommittee for mental health\nshall include at least two members who are or were consumers of mental\nhealth services, and two members who are parents or relatives of persons\nwith mental illness. Each separate subcommittee shall advise the\ncommunity services board and the director of community services\nregarding the exercise of all policy-making functions vested in such\nboard or director, as such functions pertain to the field of services\nfor the particular class of individuals with mental disabilities\nrepresented by such subcommittee. In addition, each subcommittee for\nmental health shall be authorized to annually evaluate the local\nservices plan, and shall be authorized to report on the consistency of\nsuch plan with the needs of persons with serious mental illness,\nincluding children and adolescents with serious emotional disturbances.\nAny such report shall be forwarded annually to the community services\nboard and the director of community services, and a copy shall also be\nsent to the commissioner prior to the submission of the local services\nplan.\n  * NB Effective until March 31, 2027\n  * (b) In cities of over a million a community services board shall\nconsist of fifteen members to be appointed by the mayor. There shall be\nat least two residents of each county within such cities on the board.\nAt least one shall be a licensed physician and at least one shall be a\ncertified psychologist. The other members shall represent the community\ninterest in all of the problems of persons with mental disabilities and\nshall include representatives from community agencies for persons with\nmental illness, developmental disabilities, and those suffering from\nalcoholism and substance abuse. The community services board shall have\nseparate subcommittees for mental health, developmental disabilities,\nand alcoholism or, at the discretion of the local government, alcoholism\nand substance abuse. Each separate subcommittee shall have no more than\nnine members appointed by the local government. Three members of each\nsuch subcommittee shall be members of the board. Each separate\nsubcommittee shall be composed of persons who have demonstrated an\ninterest in the field of services for the particular class of mentally\ndisabled and shall include former patients, parents or relatives of such\npersons with mental disabilities and community agencies serving the\nparticular class of mentally disabled. Each separate subcommittee shall\nadvise the community services board and the director of community\nservices regarding the exercise of all policy-making functions vested in\nsuch board or director, as such functions pertain to the field of\nservices for the particular class of persons with mental disabilities\nrepresented by such subcommittee.\n  * NB Effective March 31, 2027\n  (c) A person's public office or employment shall not bar appointment\nas a member of a board or subcommittee, nor shall membership serve as a\nbar to other public office or employment; provided, however, that no\nmore than three employees of the department or of a department facility\nmay hereafter be appointed as a member of a board or subcommittee.\n  (d) On initially constituted boards, and insofar as practicable, on\nsubcommittees, one-third of the members shall be appointed for a\ntwo-year term, one-third for a three-year term and the remainder for a\nfour-year term. Thereafter, each member shall be appointed for a\nfour-year term.  All terms shall begin to run from the first day of the\nyear of the appointment. Vacancies shall be filled for unexpired terms.\nNo person may serve as a member of a board of a subcommittee for more\nthan two terms consecutively unless otherwise provided by local law.\n  (e) Local governments shall reimburse board members for the reasonable\nexpenses incurred in the performance of their duties and may also offer\nthem a per diem compensation, but only their reasonable expenses are\nreimbursable as an operating cost pursuant to this article.\n  (f) Local governments may remove a board or subcommittee member for\ncause, after written notice of charges and an opportunity for the member\nto be heard.\n