NY Ment Hygiene L § 41.11 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 41 - Local Services 41.11 - Composition of Boards.

§ 41.11 Composition of boards.   * (a) In all local governments with a population less than one hundred thousand,  community  services  boards,  at  the  option  of  the  local government, shall have either nine or fifteen members appointed  by  the local  government.  In all other local governments, a community services board shall have fifteen members appointed by the local government.   Whenever practicable at least one member shall be a licensed physician and one member shall be a certified psychologist and otherwise at  least two   members  shall  be  licensed  physicians,  such  members  to  have demonstrated an interest in the  field  of  services  for  persons  with mental  disabilities.  The  other  members shall represent the community interest in all the problems of persons  with  mental  disabilities  and shall  include  representatives from community agencies for persons with mental illness, developmental disabilities,  and  those  suffering  from alcoholism  and substance abuse. The community services board shall have separate subcommittees for mental  health,  developmental  disabilities, and alcoholism or, at the discretion of the local government, alcoholism and  substance abuse. Each separate subcommittee shall have no more than nine members  appointed  by  the  local  government,  except  that  each subcommittee  for  mental  health shall have no more than eleven members appointed by the local government. Three of each such subcommittee shall be members of the board. Each separate subcommittee shall be composed of persons who have demonstrated an interest in the field of  services  for the  particular  class  of  mentally  disabled  and shall include former patients, parents or relatives of such persons with mental  disabilities and   community  agencies  serving  the  particular  class  of  mentally disabled, except that each subcommittee for mental health shall  include at  least  two  members  who  are  or  were  consumers  of mental health services, and at least two members  who  are  parents  or  relatives  of persons with mental illness. Each separate subcommittee shall advise the community   services  board  and  the  director  of  community  services regarding the exercise of all policy-making  functions  vested  in  such board  or  director,  as such functions pertain to the field of services for the particular class of mentally disabled individuals represented by such subcommittee. In addition,  each  subcommittee  for  mental  health shall  be  authorized  to annually evaluate the local services plan, and shall be authorized to report on the consistency of such plan  with  the needs  of  persons  with  serious mental illness, including children and adolescents with serious emotional disturbances. Any such  report  shall be  forwarded  annually to the community services board and the director of community services and a copy shall also be sent to the  commissioner prior  to  the submission of the local services plan, provided, however, that the provisions of this paragraph shall not apply to cities of  over a million in population.   * NB Effective until March 31, 2024   * (a) In all local governments with a population less than one hundred thousand,   community  services  board,  at  the  option  of  the  local government, shall have either nine or fifteen members appointed  by  the local  government.  In all other local governments, a community services board shall have fifteen members appointed by the local government.   Whenever practicable at least one member shall be a licensed physician and one member shall be a certified psychologist and otherwise at  least two   members  shall  be  licensed  physicians,  such  members  to  have demonstrated an interest in the  field  of  services  for  the  mentally disabled.  The  other  members shall represent the community interest in all  the  problems  of  the  mentally   disabled   and   shall   include representatives  from  community  agencies  for  individuals with mental illness, developmental disabilities, and those suffering from alcoholism  and substance abuse. The community services board  shall  have  separate subcommittees   for   mental  health,  developmental  disabilities,  and alcoholism or, at the discretion of the local government, alcoholism and substance abuse. Each separate subcommittee shall have no more than nine members   appointed   by  the  local  government.  Three  of  each  such subcommittee shall be members of the board. Each  separate  subcommittee shall  be  composed  of persons who have demonstrated an interest in the field of services for the particular  class  of  mentally  disabled  and shall  include  former  patients,  parents or relatives of such mentally disabled persons and community agencies serving the particular class  of mentally disabled. Each separate subcommittee shall advise the community services  board  and  the  director  of community services regarding the exercise  of  all  policy-making  functions  vested  in  such  board  or director,  as  such  functions  pertain to the field of services for the particular class of individuals with mental disabilities represented  by such   subcommittee.  Provided  however  that  the  provisions  of  this paragraph shall not apply to cities of over a million in population.   * NB Effective March 31, 2024   * (b) In cities of over a million a  community  services  board  shall consist  of fifteen members to be appointed by the mayor. There shall be at least two residents of each county within such cities on  the  board. At  least  one shall be a licensed physician and at least one shall be a certified psychologist. The other members shall represent the  community interest  in  all  of  the  problems  of the mentally disabled and shall include representatives from community agencies for persons with  mental illness   and  developmental  disabilities,  and  those  suffering  from alcoholism and substance abuse. The community services board shall  have separate  subcommittees  for  mental health, developmental disabilities, and alcoholism or, at the discretion of the local government, alcoholism and substance abuse. Each separate subcommittee shall have no more  than nine  members  appointed  by  the  local  government,  except  that each subcommittee for mental health shall have no more  than  eleven  members appointed   by   the  local  government.  Three  members  of  each  such subcommittee shall be members of the board. Each  separate  subcommittee shall  be  composed  of persons who have demonstrated an interest in the field of services for the particular  class  of  mentally  disabled  and shall include former patients, parents or relatives of such persons with mental  disabilities and community agencies serving the particular class of mentally disabled, except that each subcommittee  for  mental  health shall  include  at least two members who are or were consumers of mental health services, and two members who are parents or relatives of persons with  mental  illness.  Each  separate  subcommittee  shall  advise  the community   services  board  and  the  director  of  community  services regarding the exercise of all policy-making  functions  vested  in  such board  or  director,  as such functions pertain to the field of services for  the  particular  class  of  individuals  with  mental  disabilities represented  by  such  subcommittee.  In addition, each subcommittee for mental health  shall  be  authorized  to  annually  evaluate  the  local services  plan,  and shall be authorized to report on the consistency of such plan with  the  needs  of  persons  with  serious  mental  illness, including  children and adolescents with serious emotional disturbances. Any such report shall be forwarded annually to  the  community  services board  and  the director of community services, and a copy shall also be sent to the commissioner prior to the submission of the  local  services plan.   * NB Effective until March 31, 2024   * (b)  In  cities  of  over a million a community services board shall consist of fifteen members to be appointed by the mayor. There shall  be  at  least  two residents of each county within such cities on the board. At least one shall be a licensed physician and at least one shall  be  a certified  psychologist. The other members shall represent the community interest  in all of the problems of persons with mental disabilities and shall include representatives from community agencies for  persons  with mental  illness,  developmental  disabilities,  and those suffering from alcoholism and substance abuse. The community services board shall  have separate  subcommittees  for  mental health, developmental disabilities, and alcoholism or, at the discretion of the local government, alcoholism and substance abuse. Each separate subcommittee shall have no more  than nine  members  appointed  by the local government. Three members of each such  subcommittee  shall  be  members  of  the  board.  Each   separate subcommittee  shall  be  composed  of  persons  who have demonstrated an interest in the field of services for the particular class  of  mentally disabled and shall include former patients, parents or relatives of such persons  with  mental  disabilities  and  community agencies serving the particular class of mentally disabled. Each separate subcommittee  shall advise  the  community  services  board  and  the  director of community services regarding the exercise of all policy-making functions vested in such board or director, as  such  functions  pertain  to  the  field  of services  for  the  particular class of persons with mental disabilities represented by such subcommittee.   * NB Effective March 31, 2024  (c) A person's public office or employment shall not  bar  appointment as  a member of a board or subcommittee, nor shall membership serve as a bar to other public office or employment;  provided,  however,  that  no more  than three employees of the department or of a department facility may hereafter be appointed as a member of a board or subcommittee.  (d) On initially constituted boards, and insofar  as  practicable,  on subcommittees,  one-third  of  the  members  shall  be  appointed  for a two-year term, one-third for a three-year term and the remainder  for  a four-year  term.  Thereafter,  each  member  shall  be  appointed  for a four-year term.  All terms shall begin to run from the first day of  the year  of the appointment. Vacancies shall be filled for unexpired terms. No person may serve as a member of a board of a  subcommittee  for  more than two terms consecutively unless otherwise provided by local law.  (e) Local governments shall reimburse board members for the reasonable expenses  incurred in the performance of their duties and may also offer them a per diem compensation, but only  their  reasonable  expenses  are reimbursable as an operating cost pursuant to this article.  (f)  Local  governments  may remove a board or subcommittee member for cause, after written notice of charges and an opportunity for the member to be heard.