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Res 039-90 2/20/1990RESOLUTION NO. RESOLUTION ADOPTING POLICY AND PROCEDURES GOVERNING APPOINTMENT TO THE BOARD OF TRUSTEES OF THE WICHITA FALLS MHMR CENTER WHEREAS, as sponsors of the Wichita Falls Community MHMR Center, the City of Wichita Falls and Wichita County are responsible for appointing the nine member Board of Trustees which governs the Center and sets policy direction for operations; and WHEREAS, SB 1426, adopted by the 71st Texas Legislature, provides that formal procedures must be established for the appointment of members to the Board of Trustees of all Community MHMR Centers established pursuant to Article 5547 -203, as amended. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Certain policy and procedures governing appointment to the Board of Trustees of The Wichita Falls MHMR Center, a copy of which is attached hereto, is hereby adopted. PASSED AND APPROVED this the 20th day of February, 1990. A Y O R ATTEST: "JL City Clerk RECEI IED IN CITY CLER ',':` 01-FI E Dare -, -i BY POLICY AND PROCEDURES GOVERNING APPOINTMENT TO THE BOARD OF TRUSTEES OF WICHITA FALLS MHMR CENTER ----------------------------- -_------------------------ - - - - -* jPOLICY: It shall be the policy of the City of Wichita Falls to identify capable, qualified, and interested citizens to serve as members of the Board of Trustees of the Wichita Falls Community MHMR Center, and to appoint such persons in a systematic and open fashion +------------------------------------------------------- - - - - -+ SUPPORTING INFORMATION: The Wichita Falls-Community MHMR Center was originally established in 1969 by the City of Wichita Falls, Wichita County, and the Wichita F In 1974, the Center was x sponsored jointly by the County. As per enabling amended), the City and Cc responsibility for appoin to govern the Center and Although created by and s Board is designated as th and its operations. Thus considered a matter of iv Falls and Wichita County, purposes of this Policy Agencies and Appointing P ells Independent School District. organized and is currently �ity of Wichita Falls and Wichita legislation (Article 5547 -203 as unty therefore have the ting a nine member Board of Trustees set policy direction for operations. ponsored by the City and County, the e governing authority for the Center appointments to the Board are portance to the City of Wichita which will be understood for and Procedure as both Sponsoring uthorities. SB 1426, recently adopted by the 71st Legislature, provides that formal procedures must be established for the appointment of members to the Board of Trustees of all Community MHMR Centers established pursuant to Article 5547- 203, as amended. The relevant provisions of that legislation read as follows: "SECTION 4. (a) Section 3.02, (Vernon's Texas Civil Statutes), is amended by adding Subsection (c) to read as follows: LZ The local agency or organizational combination of such local agencies that establishes a community center shall prescribe: LZ the application_ procedure for a position on the Board of Trustees; ,L1 the procedure and criteria for making appointments to the Board of Trustees; Board Appointment Procedure - MHMR Page 2 L31 the procedure for posting and filling a vacancy on the Board of Trustees; and ,L1 the procedure for removing a member of the Board of Trustees. This Board shall be known as the Board of Trustees of the Wichita Falls Community MHMR Center. The Board of Trustees shall be comprised of nine (9) members from among the qualified voters of Wichita County. Each member shall be appointed for a two year term, except in the case where a person is selected to fill a vacancy on the Board, in which case the selected person shall serve out the unexpired term. Such person may then be appointed to his or her own full two year term. Board members may be re- appointed for additional two year terms. Each sponsoring agency (City of Wichita Falls and Wichita County) shall be responsible for appointing persons to fill specified seats on the Board of Trustees. The City of Wichita Falls shall appoint persons to fill Places 1 through 4. Wichita County shall appoint persons to fill Places 5 through 8. The ninth Place shall be rotated between the two sponsoring agencies. The current roster of members of the Board of Trustees is attached (Attachment 1) and shall be updated from time to time, as may be necessary. Procedures and criteria for selection and appointment of members of the Board of Trustees shall be consistent with the Texas Mental Health Mental Retardation Act (Vernon's Texas Civil Statutes, Article 5547 -203, as amended). The effective date for this Policy and Procedure is January 1, 1990. PROCEDURE 1. Application Procedure (A) Each year on or before June 1st, the City of Wichita Falls and Wichita County shall post notice of the Application Procedure and number of Trustee appointments to be made. (B) Interested persons may obtain an Application Form (Attachment 2) from any of the following locations: a. City of Wichita Falls 1300 7th Street P.O. Box 1431 Wichita Falls, Texas 76307 b. Wichita County Office of the County Judge Wichita County Courthouse Wichita Falls, Texas 76301 Hoard Appointment Procedure - MHMR Page 3 c. Wichita Falls Community MHMR Center 1800 Rose Street P.O. Box 8266 Wichita Falls, Texas 76307 (C) Applications must be completed in full and in a legible fashion. Forms must be mailed or delivered in a sealed envelope to: The City of Wichita Falls or Wichita County depending upon the Place on the Board of Trustees which is being applied for. Sealed applications may also be sent to the Wichita Falls Community MHMR Center. Center staff will ensure rapid transmittal to the proper appointing authority. (D) To be considered, all applications must be received at one of the three places noted above by July 31st of each year. (E) Applications will remain active for two years from the date of the application unless withdrawn by the applicant. (F) Application become the property of the appointing authority and will not be returned. 2. Procedure and Criteria for Appointment to Board of Trustees: (A) The Board of Trustees shall be appointed from persons qualified to vote in Wichita County. (B) A regular Trustee appointment begins September 1 of the year appointed and is for a two year period, or until a successor is appointed. An appointment to fill a vacancy resulting from resignation, removal or death of a Trustee shall be for the unexpired term. Trustee appointments are staggered such that four appointments are made in one year and five are made in the alternate year. (C) Applications shall be opened only by the appropriate Appointing Authority. (D) The Appointing Authority shall ensure that the applicant is a qualified voter from Wichita County. (E) Pursuant to Article 5996(a) V.T.C.S., The Wichita Falls MHMR Center has in place a policy prohibiting nepotism. The Appointing Authorities should be sensitive to potential conflict with that policy when considering applicants for appointment to the Board of Trustees. (F) The Appointing Authority may elect to interview any or all applicants. Board Appointment Procedure - MHMR Page 4 (G) The Appointing Authority may develop a list of potential appointees from: (1) new applications (2) previous applications not yet two years old (3) current Trustees who are serving in the second ( or final) year of a term, and who express willingness to be re- appointed for an additional two year term. (H) The Appointing Authority will contact those selected to inform them of their appointment, and to confirm their willingness to accept the appointment. (1) The Appointing Authority shall each take the appropriate official actions to certify the appointment of trustees. official documentation of such action shall be forwarded to the Chair, Board of Trustees. Such documentation shall be retained in the files of the Wichita Falls Community MHMR Center. 3. Criteria for Appointment (A) To assist Appointing Authorities in evaluating applicants, the Texas Council of Community Mental Health Mental Retardation Centers, Inc. has developed the following criteria as general guidelines. (B) At the outset, it should be noted that no one person generally possesses all the characteristics suggested here. However, a Board's effectiveness is enhanced to the extent that collectively, as many as possible of these characteristics and qualifications are represented in Trustees. (1) Persons appointed to a Board of Trustees should have a sincere interest and a commitment to people and a desire to serve the community. The appointee should have a concern that'the mental health and mental retardation needs of the people in the region are met by the Center. (2) A second quality desirable in appointees is a willingness to commit time and effort to service on the Board. (3) A well balanced board would be representative of many different spheres of influence in the community. (4) Other qualities that are suggested as desirable in board members are dedication to community service. respectability in the community, personal integrity,_ civic mindedness or community spirit, and a basic concern for human beings. Further, it was felt that Board members should have the ability to deal with large quantities of data and to make objective decisions based upon these facts. Board members Board Appointment Procedure - MHMR Page 5 should also have a desire to be well informed on issues affecting the center, and they should be motivated to serve on the Board for other than reasons of prestige or self - enhancement. Some of the board members might also be expert in law, business, and /or finance. In sum, board members should be motivated to serve the community rather than their personal needs, and be willing to share their specialized knowledge or expertise in support of the Board's mission. (Adopted by the Texas Council of Community MHMR Centers, Inc. October, 1988) More specific questions to be considered when selecting Board members include: (a) Is the applicant qualified to vote in the County? (Required by State law). (b) Does the applicant have specialized knowledge or expertise that could be beneficial to the Center? (c) Does the applicant have special training or skills that could be beneficial to the Center? (d) Does the applicant have related experience that would be useful in performing as a Trustee? (e) What is the applicant's ability to influence local or other funding agencies, as well as the larger community on behalf or the Center and its clients? (f) What is the applicant's willingness to give the time necessary to fulfill the duties and responsibilities of a Trustee? A 70% attendance record would be considered an absolute minimum. (g) What is the applicant's degree of objectivity to allow decision making without undue influence by single issue biases? (h) Is the applicant motivated to serve primarily because of a dedication to community service? 4. Procedure for Posting_ and Filling a Vacancy (A) A vacancy on the Board of Trustees is created by the resignation, removal, or death of a Trustee. The vacancy shall be reported in writing to the appointing authorities by the Executive Director of the Wichita Falls Community MHMR Center. (B) The appropriate Appointing Authority shall announce and post the vacancy in its customary fashion. The announcement shall contain the Place to be filled, where applications can be obtained, and the Application Procedure. Board Appointment Procedure - MHMR Page 6 (C) The filling of a vacancy shall be accomplished in the same manner as set forth in Section 2 "Procedures and Criteria for Appointment to Board of Trustees" of this document. (D) The appointment of a person to fill a vacancy shall only be for the remaining period of the unexpired term of that Place in which their is a vacancy.. 5. Procedure for Removing a Member of the Board of Trustees (A) Members of the Board of Trustees of the Wichita Falls Community MHMR Center hold a position of public trust and are responsible to the community they serve. A Trustee may be considered for removal when: (1) The Trustee has violated any law relating to his or her office (Section 39.01), Texas Penal Code). (2) the Trustee's conflicting interests have impaired his or her independence of judgement as a Trustee (Section 171.003 Texas Local Government Code, Section 39.01 Texas Penal Code). (3) The Trustee engages in conflicting professional practice (Texas Attorney General's Opinion M -340). (4) The Trustee solicits, accepts, or agrees to accept any benefit in return for the Trustee's decision, opinion, recommendation, vote or other exercise of discretion as a public servant (Section 36.08, Texas 'Penal Code). (5) The Trustee engages in the practice of nepotism (Article 5996a, Vernon' Texas Civil Statutes). (6) The Trustee ceases to live within the services boundaries of Wichita Falls Community MHMR Center. (7) The Trustee is convicted of a felony. (8) The Trustee is deemed by a court to be incompetent. (9) The Trustee is recommended for removal by a majority vote of the Board of Trustees. (10) The Appointing Authority determines that the Trustee has violated the public trust. (B) Factual violations of any of the above violations must be reported in writing and signed by the person making the report. A telephone number or address of the person making the report must be included to provide for follow -up contact. The report should be mailed to : Board Appointment Procedure - MHMR Page 7 Public Responsibility Committee P.O. 1295 Wichita Falls, Texas 76307 The Public Responsibility Chairperson shall deliver the letter directly to the appropriate Appointing Authority without further action on the part of the PRC. The Appointing Authority shall review the report and investigate as necessary. If the Appointing Authority finds the circumstances warrant removal from office, the Appointing Authority shall take that action, in the manner prescribed in their operating procedures. Written notification of such action should be forwarded to the Chairperson, or person acting in succession to the Chair, in addition to any other written notification required under the operating procedures of the Appointing Authority. January, 1990 APPLICATION FOR APPOINTMENT TO THE BOARD OF TRUSTEES OF WICHITA FALLS COMMUNI'" MENTAL HEALTH RENTAL RETARDATION CENTER Name: Address: Phone: Length of Residence in County: Business /Profession /Employment Name: Address: Phone: Previous Community Volunteer Experience Currant Community Service Commitments Qualified to Vote: Yes No Explain your interest in mental health or mental retardation services References Name: Name: Phone: Phone: -2- Indicate your time availability: Are you available to attend monthly daytime Yes No board meetings? Are you available to attend annual planning Yes No meetings? Are you available to occasionally visit Yes No prograns /facilities? Are you available to occasionally consult with Yes No hoard members or sLaff regarding WFCMHMR Center business? Are you available to attend out -of -town Yes No board training events involving overnight stays? Are you related to a current employee of the MHMR Center? Yes No If yes, nature of relationship Other information you wish to share about yourself, such as, education, sex, race, ethnicity, family information, etc.