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Res 146-98 10/6/1998RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT FORMALIZING THE APPOINTMENT PROCESS FOR APPOINTMENTS TO THE BOARD OF TRUSTEES OF THE HELEN FARABEE REGIONAL MHMR CENTERS; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, on December 18, 1997, the Board of the Texas Department of MHMR approved modification of the existing Wichita Falls Community MHMR (The Helen Farabee Center) plan to allow "consolidation with the 19 Rolling Plains' counties on September 1, 1998; and WHEREAS, in accordance with the "Texas Interlocal Cooperation Act" (Chapter 791, Texas Government Code), the City of Wichita Falls desires to formalize the appointment process of the Board of Trustees of the Helen Farabee Regional MHMR centers to assure compliance with state law (Chapter 534, Subchapter A, Texas Health and Safety Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The Mayor is hereby authorized to execute the Interlocal Agreement, attached as Exhibit "A." SECTION 2. It is hereby officially found and determined that the meeting at which this resolution was passed was open to the public as required by law PASSED AND APPROVED this the 6th day of October, 1998. MAYOR ATTEST: INTERLOCAL AGREEMENT In accordance with the "Texas Interlocal Cooperation Act" (Chapter 791, Texas Government code) the undersigned representatives of the organizational combination of the Commissioners' Courts of Archer, Baylor, Childress, Clay, Cottle, Dickens, Foard, Hardeman, Haskell, Jack, King, Knox, Montague, Stephens, Stonewall, Throckmorton, ar Wichita, Wilbarger, Wise, Young Counties and the City of Wichita Falls, being responsible for appointing the Board of Trustees of the Helen Farabee Regional MHMR Centers, hereby formalize the appointment process to assure compliance with state law (Chapter 534, Subchapter A, Texas Health and Safety Code). I. Background A. The MHMR Center for Wichita County was originally established in September 1969 through agreement between Wichita County, the City of Wichita Falls, and the Wichita Falls Independent School District. In 1974 the Wichita Falls Independent School District withdrew as a sponsor, and the Center was restructured as the Wichita Falls Community MHMR Center ( WFCMHMRC) with the City and County remaining as local sponsors. In 1992 the Center's Board of Trustees voted to change the operational name of the agency to "The Helen Farabee Center." In September 1996 the Texas Department of Mental Health and Mental Retardation consolidated existing mental health and mental retardation outreach services for Archer, Baylor, Childress, Clay, Cottle, Dickens, Foard, Hardeman, Haskell, Jack, King, Knox, Montague, Shackelford, Stephens, Stonewall, Throckmorton, Wilbarger, Wise, and Young Counties by creating Rolling Plains State Operated Community Services ( RPSOCS). RPSOCS established administrative headquarters in Young County in January 1997. Through a series of meetings held between July 1997 and September 1997 representatives from the 21 counties and the City of Wichita Falls reached agreement to consolidate services into a single regional Center through the following actions: 1) As of August 31, 1998 Rolling Plains State Operated Community Services would cease operations; 2) As of September 1, 1998 WFCMHMRC would begin providing services in Archer, Baylor, Childress, Clay, Cottle, Dickens, Foard, Hardeman, Haskell, Jack, King, Knox, Montague, Stephens, Stonewall, Throckmorton, Wilbarger, Wise, and Young Counties and would offer employment to the former employees of RPSOCS; 3) Shackelford County would seek to consolidate with Abilene Regional MHMR Center; 4) The City of Wichita Falls and the Commissioners Courts of Archer, Baylor, Childress, Clay, Cottle, Dickens, Foard, Hardeman, Haskell, Jack, King, Knox, Montague, Stephens, Stonewall, Throckmorton, Wichita, Wilbarger, Wise, and Young counties intended to become local agencies for a Center based upon an expanded WFCMHMRC local service area. Therefore, the City and the Courts would enter into an Interlocal Cooperation Agreement as the local agencies responsible for Board of Trustee's appointments for a proposed Helen Farabee Regional MHMR Centers ( HFRMHMRC). B. On December 18, 1997 the Board of TDMHMR approved modification of the existing WFCMHMRC plan to allow "consolidation with the 19 Rolling Plains' counties on September 1, 1998." II. Composition of the Board of Trustees The Board of Trustees of HFRMHMRC shall consist of nine (9) members appointed to assigned places by the City of Wichita Falls and the Commissioners Courts. The membership terms of the WFCMHMRC Board of Trustees shall serve as the basis for the terms of the expanded HFRMHMRC Board of Trustees as follows: One (1) year terms commencing September 1, 1998 and terminating August 31, 1999, or until a successor is appointed. Upon completion of this initial one (1) year term, these Places will return to two (2) year terms. Place 1: Appointed by Archer, Clay, Montague Counties Place 3: Appointed by Stephens, Throckmorton, and Young Counties Place 4: Appointed by Baylor, Haskell, Knox Counties Place 9: Appointed by City of Wichita Falls Two (2) years terms commencing September 1, 1998 and terminating August 31, 2000, or until a successor is appointed. Place 2: Appointed by Jack and Wise Counties Place 5: Appointed by Cottle, Dickens, King, Stonewall Counties Place 6: Appointed by Childress, Foard, Hardeman and Wilbarger Counties Place 7: Appointed by Wichita County Place 8: Appointed by City of Wichita Falls On a rotating basis, one of the six members from outside Wichita County will be designated as an "at large" member. The City of Wichita Falls and the Commissioners Court of Wichita County must approve this appointment. The first such "at large" member shall be the appointee for Place 1, then shall rotate on a term basis to Place 3, Place 4, Place 2, Place 5, Place 6. III. Appointment Criteria In selecting an individual for appointment to a Trustee position after the effective date of the expanded center, each local sponsor shall be encouraged to consult with the other sponsors as to the needs of the HFRMHMRC service area. Appointments to the Board of Trustees shall 1) Attempt to reflect the ethnic and geographic diversity of the region served by the center (required by §534.004(b)THSC); 2) Include one or more persons otherwise qualified under this chapter who are consumers (or family members of consumers) of the types of services the center provides (required by §534.004(b)THSC); and 3) Be made in accordance with the eligibility criteria and membership procedures set forth in Attachment A hereby incorporated herein. 1) Effective Date of Expanded Center The local sponsors intend that the Board of Trustees of HFRMHMRC, hereby established as an expansion of the original service area known since 1974 as WFCMHMRC, shall become operational as of September 1, 1998. LOCAL SPONSOR DATE EXECUTED AUTHORIZED REPRESENTATIVE Archer County by: Paul Wylie, County Judge Baylor County by: Robin Smajstrla, County Judge Childress County by: Dean Decker, County Judge Clay County by: Kenneth Liggett, County Judge Cottle County by: Billy Gilbert, County Judge Dickens County by: Woodie McArthur, County Judge Foard County by: Charlie Bell, County Judge Hardeman County by: Ken McNabb, County Judge Haskell County by: David Davis, County Judge Jack County by: Mitchell Davenport, County Judge LOCAL SPONSOR AUTHORIZED REPRESENTATIVE King County by: Carolyn McClary, County Judge Knox County by: David Perdue, County Judge Montague County by: Cleve Steed, County Judge Stephens County by: Gary Fuller, County Judge Stonewall County by: Bobby McGough, County Judge Throckmorton County by: Trey Carrington, County Judge Wichita County by: Nick Gipson, County Judge Wilbarger County by: Gary Streit, County Judge Wise County by: L. B. McDonald, County Judge Young Cou /nty y: Ken A drew , County Judge ity of ichit alls by: Kay eager, ayor DATE EXECUTED ATTACHMENT A TO INTERLOCAL AGREEMENT HELEN FARABEE REGIONAL MHMR CENTERS ELIGIBILITY CRITERIA AND MEMBERSHIP PROCEDURES Eligibility Criteria To be considered, to qualify, and to remain as a member of the HFRMHMRC Board of Trustees the following eligibility criteria must be met: A. To be considered as a potential appointee, each individual must: 1) Be a qualified voter whose primary residence is in the region served by HFRMHMRC (pursuant to §534.003(b) & 534.0065(c) Texas Health & Safety Code "THSC "); and 2) Meet eligibility qualifications prohibiting appointment if the individual, or individual's spouse (per §534.0065(b) THSC): a) owns or controls, directly or indirectly, more than 10% interest in a business entity or organization receiving funds from the center; or b) uses or receives a substantial amount of tangible goods or funds from the center, other than compensation or reimbursement authorized by law for board of trustees, membership, attendance or expenses; or as a consumer or family member of a consumer receiving services from the center. B. To be qualified as a Trustee, each appointee shall: 1) Attend appropriate pre - assumption of office training (per §534.006 THSC); 2) Execute an affidavit acknowledging the reading of the requirements for qualification, conflict of interest and removal (per §534.0065(f) THSC); 3) Subscribe to (execute) the Statement of Appointed Officer and file such for record pursuant to the requirements of the Texas Secretary of State (per Texas Constitution Art. XVI § 1(d); and 4) Take the Oath (Affirmation) of Office after executing the Statement of Appointed Officer (per Texas Constitution Art. XVI § 1(c). C. To remain in office, each Trustee must: 1) Comply with the Board of TDMHMR rules concerning Board of Trustees annual training (per THSC §534.006); 2) Annually execute and file with the center, not later than the anniversary date of taking office, an affidavit acknowledging the reading of the requirements for qualification, conflict of interest and removal (per THSC §534.0065(f); and 3) Disclose any conflicts of interest in accordance with Chapter 171 Local Government Code (per THSC § §534.0065(d)). 4) Not: a) refer for services a consumer to a business entity owned or controlled by a Trustee, unless the entity is the only entity that provides the needed services within the jurisdiction of the center; b) use a center facility in the conduct of a business entity owned or controlled by that Trustee; c) solicit, accept, or agree to accept a benefit in exchange for the Trustee's decision, opinion, recommendation, vote or other exercise of discretion as a local public official or for a violation of a duty imposed by law; d) receive any benefit for the referral of a consumer to the center or other business entity; e) appoint, vote for or confirm the appointment to a paid office or position with the center if the person is related to the Trustee by affinity within the second degree or by consanguinity within the third degree; (or violate other nepotism prohibitions concerning hiring of relatives of Trustees by the center as stated in §534.0115 THSC); or f) solicit or receive a political contribution from a supplier to or contractor with the center. II. Procedures for Membership §534.004(a) THSC requires that certain procedures relating to Board of Trustee membership be prescribed by an organizational combination of local agencies that establish a community center. These are: A. Appointment Procedure 1) At least 60 days prior to the termination of a place's two year term, the Executive Director of HFRMHMRC shall assist the appropriate appointing agency by notifying it of such termination. The appointing agency may then choose to either: a) Reappoint the member currently serving in that place (if still meeting criteria in I, A.) by taking action in accordance with the Texas Open Meetings Act. It will also notify the other appointing agencies and HFRMHMRC of such reappointment. b) Consider the place to be becoming vacant. 2) When a place on the Board of Trustees becomes vacant, through resignation, inability to serve or removal/non- reappointment, the Executive Director of HFRMHMRC shall assist the appropriate appointing agency by initiating a posting of the vacancy at the HFRMHMRC's offices in the applicable county(ies), at county courthouses and through placement for a minimum of five days in a publication of daily county wide circulation and a minimum of two days in a publication of weekly county wide circulation. 3) All applicants responding to the posting will be given a "Board Member Packet" for review and shall be asked to complete a Board Member Questionnaire (both to be prepared with the assistance of the Board of Trustees of HFRMHMRC). 4) The HFRMHMRC Board Chairperson will appoint a team of three Trustees who shall be responsible for screening for qualifications, interviewing applicants and making recommendation(s) to the appropriate appointing agency. The team will forward all questionnaires to the appointing agency along with recommendation(s). 5) The appointing agency shall review the information and recommendations as part of its deliberations in making an appointment to fill the vacant place. Such appointment shall be in accordance with the Texas Open Meetings Act and the requirements of Section A above. It will also notify all other appointing agencies and HFRMHMRC of such appointment. B. Resignation Procedure 1) A member may resign by submitting his/her written resignation to the Chairperson of the Board of HFRMHMRC and to the appropriate appointing agency. 2) A resignation shall be effective as of the date of submission. C. Removal Procedure 1) All Board of Trustees members serve at the pleasure of the appointing agency and may be removed without cause by majority vote of that appointing agency. 2) Any Board member who is absent from three (3) consecutive, regularly scheduled board meetings shall be reported by HFRMHMRC to the appropriate appointing agency for appropriate review and possible removal. 3) In accordance with §534.0065(g) THSC, it shall be grounds for removal if a Trustee: a) did not meet eligibility criteria of I, A. above, at appointment; b) does not maintain during service on the Board of Trustees the eligibility criteria of I, A, B, or C. above.