Code of Massachusetts Regulations › 104 CMR - DEPARTMENT OF MENTAL HEALTH › Title 104 CMR 26.00 - Organizational Structure and Citizen Participation › Section 26.03 - Citizen Advisory Boards

Current through Register 1525, July 5, 2024
(1)
Authority and General Requirements
.
(a)
Authority
. The
			 Department is authorized by M.G.L. c. 19 to provide for and to cooperate with
			 citizen advisory boards at its facilities and at each geographic level of the
			 Department. 104 CMR 26.03, applies to the Mental Health Advisory Council, the
			 board of trustees for a state hospital, Area Boards, the Human Rights Advisory
			 Committee, Site Boards and such other citizen advisory boards as may be
			 established by the Commissioner.
(b)
Special State
			 Employees
. Subject to the exception below, all appointed members
			 of the Department's citizen advisory boards, as well as all volunteers who may
			 serve on a regular or
ad hoc
committee or subcommittee of a
			 citizen advisory board, shall be special state employees and, as such, are
			 subject to the conflict of interest law, M.G.L. c. 268A. Nothing in M.G.L. c.
			 268A, § 7 shall prevent a person who has a financial interest, directly or
			 indirectly, in a contract made by the Department from serving as a member of a
			 citizen advisory board. Members of such committee shall disclose any such
			 financial interest by written notification to the Commissioner and the State
			 Ethics Commission.
(c)
Waiver
. With respect to any person nominated for
			 appointment to a citizen advisory board, the qualification standards set forth
			 in 104 CMR 26.03 may be waived by the appointing authority for good cause,
			 except where such standards are otherwise required by law.
(d)
Application of Open Meeting
			 Law
. The meetings of any board established under M.G.L c. 19 or
			 subject to 104 CMR 26.03 shall be subject to the provisions of M.G.L. c. 30A,
			 §§ 18 through 25 concerning the meetings of governmental
			 bodies.
(e)
General
			 Requirements
. The following requirements apply to all citizen
			 advisory boards subject to 104 CMR 26.03.
1.
Membership requirements
.
a. No member may be an employee of the
			 Department;
b. No more than one
			 third of the members may be employees of the state;
c. Members shall represent the entire
			 geographic area covered by the board;
d. Members shall receive orientation and
			 training upon their appointment; and
e. Members shall serve without compensation,
			 but each member shall be reimbursed by the state for all reasonable expenses
			 incurred in the performance of his or her duties;
2.
Terms of Office
.
a. The term of office for citizen advisory
			 boards is three years;
b. In the
			 event of a vacancy in the membership of a citizen advisory board where the term
			 of a former member's appointment has not yet expired, the appointing authority
			 for that board may appoint a member who shall serve for the remainder of that
			 unexpired term or may appoint a member to serve a full three year
			 term;
c. No member shall be
			 appointed to serve more than two consecutive three year terms;
d. A person must wait for at least one year
			 after completing a second consecutive three year term before becoming eligible
			 for reappointment.
3.
Duties and Powers of Citizen Boards
.
a. To educate the public regarding the needs
			 of individuals with mental illness and their families;
b. To receive and review regular reports
			 concerning the Department's programs and services;
c. To make recommendations to the
			 Commissioner or designee based on the review of regular reports;
d. To hold regular meetings as follows:
i. An Area Board shall hold at least four
			 regular meetings in each year, and convene special meetings on the call of the
			 board's president or ten members of the board, or by the Commissioner or
			 designee.
ii. All other Advisory
			 Boards shall hold at least three regular meeting in each year, and convene
			 special meetings on the call of the board's president or a majority of members
			 of the board.
iii. A special
			 meeting of any Advisory Board may be called by the Commissioner or designee;
			 provided that the Commissioner or designee may participate in all meetings but
			 may not vote.
e. To
			 appoint any permanent or
ad hoc
advisory committee that the
			 board deems necessary, or as specified in the bylaws. The term of office for
			 any member of such a committee shall be determined by the board, or as
			 specified in the bylaws;
f. To
			 elect from its members annually a president and such other officers as it deems
			 appropriate, or as required by law;
g. To enact bylaws for its proper
			 organization and procedures at meetings, provided that the bylaws and any
			 subsequent amendments must be submitted to the Commissioner or designee for
			 approval.