MEMORANDUM. Support for Revision of the Composition of the Partners Behavioral Health Management Board of Directors

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1 MEMORANDUM TO: FROM: RE: Board of Commissioners George Wood, County Manager Support for Revision of the Composition of the Partners Behavioral Health Management Board of Directors DATE: March 26, 2013 It is recommended that the Board approve the attached resolution, which approves the size and composition modifications made to the governance structure of Partners BHM to bring it into compliance with NC Gen Stat {122C This change is necessary because NC Session Law (Senate Bill 191), ratified July 12, 2012, significantly modified the requirements for the structure of Local Management Entity boards and requires full compliance by Below is the background concerning this needed change: North Carolina General Statute 122c outlines the requirements for the board of directors for a Local Management Entity (Partners Behavioral Health Management). The merger agreement executed by the eight Boards of County Commissioners which constitute Partners BHM and the by-laws which have governed the board of directors since merger have been in compliance with 122c Following the passing NC Session Law (Senate Bill 191), the Partners BHM Board of Directors studied this issue in depth and has made the necessary modifications to its by-laws to comply with the new legislation. Highlights of the new requirements are: o The board may have between 11 and 21 voting members. Partners BHM Board of Directors currently has 26 members.

2 o There are 13 required categories of individuals that must be represented on the LME board. Eleven of the 13 are voting members and the other two (the president of the local Provider Council and an administrator of a hospital providing mental health, developmental disabilities and substance abuse services) are non-voting members. o Of the eleven mandated categories to be represented by voting members, one is directly appointed by the Secretary of the NC Department of Health and Human Services. o The board must have at least one member who is a county commissioner. o No one person can be counted as filling more than two of the mandated categories even if they meet the requirements of additional classifications. The Partners BHM Board of Directors voted to have the maximum board members permitted under the new legislation; 21. The revised by-laws maintained the distribution philosophy agreed to by the eight member counties during the merger and formation of Partners BHM. The 21 members will be distributed among the eight member counties proportionate to the population of the individual county. Eight of the 21 members are designated as a county commissioner or designee from each county. Since the revised statute only requires one commissioner to be on the board, it allows counties to have flexibility on using these designated seats for a commissioner member or to appoint an at large individual. Due to the strict requirements to meet the statutory requirements of the eleven categories described above, a standing nominating committee will function for the Partners BHM Board of Directors and will need to work collaboratively with the clerks to the commission to balance the geographic distribution and the mandated representation. Attached for your information are: 1. Partners Behavioral Health Management s previously approved bylaws which indicate Partners current board composition 2. Partners revised bylaws (the bylaws are being presented to the board on Thursday of this week for approval of the latest revision in reference to attendance) which indicate our future board composition (page 2) 3. A list of our current board members by county representation

3 Support for Revision of the Composition of the Partners Behavioral Health Management Board of Directors WHEREAS, Partners Behavioral Health Management ( Partners BHM ) was established by joint agreement between the Commissioners of Burke, Catawba, Cleveland, Gaston, Iredell, Lincoln, Surry and Yadkin counties on July 1, 2012 by merging the former Mental Health Partners, Crossroads Behavioral Healthcare, and Pathways LME Area Authorities; and WHEREAS, the board of directors for Partners BHM was established at the time of the merger to be a 26 member board distributed proportionately according to the population of each individual county as a percentage of the combined merged population; and WHEREAS, North Carolina Session Law (Senate Bill 191) codified as NC Gen Stat{ 122C enacted new requirements for Area Authority boards in both size and composition of members and requires Area Authorities to be in full compliance with the new requirements no later than October 1, 2013; and WHEREAS, the Board of Directors for Partners BHM has thoroughly discussed and explored various options to come into compliance with the statute and to maintain fidelity to the will of the commissioners expressed at the time of the merger; and WHEREAS, Partners BHM s Board of Directors has modified its by-laws to maintain an equitable distribution of members among the eight counties that comprise the organization; and WHEREAS, Partners BHM requests that the modifications to the governance structure be supported by the respective Boards of County Commissioners; THEREFORE, be it resolved that the Board of County Commissioners supports and approves the modifications made to the governance structure of Partners BHM that is in compliance with NC Gen Stat {122C and will work collaboratively with the Partners BHM Board of Directors to appoint the members with the requisite backgrounds and qualifications to maintain compliance with state statutes. Adopted this day of LINCOLN COUNTY By: Alex Patton, Chairman

4 Board of Commissioners ATTEST: Amy S. Atkins, Clerk to the Board of Commissioners

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7 PROPOSED Section of Partners Behavioral Health By Laws Concerning Membership ARTICLE III BOARD COMPOSITION AND RESPONSIBILITIES The membership of the Board shall comply with requirements for representation as specified by North Carolina Statutes. A. Board Composition The Board of Directors will consist of up to twenty one (21) voting members along with the President of the MCO Provider Council or the President s designee (non voting) and an administrator of a hospital providing mental health, developmentally disabled and substance abuse emergency services (nonvoting) for a total Board of twenty three (23) members. The two (2) non voting members shall also participate only in Board activities open to the public. Three (3) of the twenty one (21) voting members will be filled by the recommendation of the local CFAC as follows: (1) the chair of CFAC or the chair s designee; (2) one family member of the local CFAC; and (3) one openly declared consumer member of the local CFAC. Of these three (3) members, the recommendations of the local CFAC and the appointing commissioners shall ensure that there is at least one member representing the interests of each of the following: (a) individuals with mental illness; (b) individuals in recovery from addiction; or (c) individuals with intellectual or other developmental disabilities. The remaining eighteen (18) members will be comprised of one County Commissioner or designee from each county in the catchment area not to exceed eight (8) members. The remainder of the members will fulfill the requirements set forth in NCGS 122C utilizing the suggestions of the Board s Nominating Committee. In all instances, there shall be a minimum of one Board member from each county in the catchment area. There shall also be a maximum number of members from each county as listed below in order to reflect a proportional population composition of the Board. The population figures will be obtained from the NC DHHS and recalculated every five (5) years in years ending in a 5 or 0. The maximum numbers for Board composition by county calculated utilizing a pro rata percentage of twenty one (21), is as follows: Gaston (4.83) 5 Lincoln (1.89) 2 Cleveland (2.31) 2

8 Burke (2.1) 2 Catawba (3.57) 3 Iredell ( Surry (1.68) 2 Yadkin (.84) 1 The appointments of the three (3) Board members filled by the recommendation of the local CFAC shall be counted as part of the maximum numbers per county as delineated above. If a board member s occupation or county residency changes, it will be brought to the attention of the appointing commissioner(s) by that board member and/or the Clerk to the Board. *Note: Catawba County would have been entitled to four (4) members but that would exceed the statutory cap of twenty one voting members. Catawba had the lowest figure to round up so one member was deducted from its number.

9 PARTNERS BEHAVIORAL HEALTH MANAGEMENT PARTNERS BHM Contact Person: Mr. Rhett Melton, Director, ( ); Fax ( ); 901 S. New Hope Rd.; Nancy Paschall, Esq. Serves as Board Attorney, PO Box 488, Gastonia, ( ). Function: The Area Board is a Public Authority Established by Mutual Agreement between Crossroads Behavioral Health Care and Mental Health Partners and the Gaston-Lincoln-Cleveland Mental Health/ Developmental Disabilities/Substance Abuse Authority (d/b/a Pathways) under North Carolina General Statute The Mission is to manage a publicly funded healthcare system which addresses the mental health, substance abuse and intellectual/developmental disabilities needs of citizens in our service area through a comprehensive network of community service providers. Partners BHM ensures access to appropriate and individualized treatment which results in positive outcomes and ensures good stewardship of public funds. Statute or Cause: GS ; Resolution 99-72, March 25, 1999; Resolution Dated June 23, Resolution Dated October 27, Nbr of Members: Twenty-Six (26); 6 Appointed by Gaston County; 2 Appointed by Lincoln County; 3 Appointed by Cleveland County, 2 Appointed by Burke County; 4 Appointed by Catawba County; 4 Appointed by Iredell County; 2 Appointed by Surry County; 2 Appointed by Yadkin County; and 1 CFAC member is appointed by CFAC Committee. Each County Selects a Member of Their Board of County Commissioners to Sit on This Board. That Commissioner then Appoints the Remaining Board Members from the Citizens of that County. Terms of Office: Initial Terms to Stagger; Thereafter Members May Serve up to Two 3-Year Terms. Meeting Schedule: Blvd., Hickory, NC 3 rd Thursday, 6:00 PM, Location Multipurpose Room - First Plaza, 1985 Tate Appointment Representing Name Phone Term of Office Gaston Co. At Large Wil Neumann 3215 Grange Court Belmont, NC Gaston Co. At Large Bill Farley 876 Armstrong Rd. Belmont, NC H O wilneumann@carolina.rr.com H wjfarley@gaston.k12.nc.us 7/1/12 6/30/14 (2) 7/1/12 6/30/15 (3) Gaston Co. Financial Expertise Steve Epperson 2659 Steeplechase Rd. Gastonia, NC H O F stevepp@bellsouth.net 7/1/12 6/30/14 (2) Gaston Co. Clinical Professional Pam Poteat 1736 Laurel Lane Gastonia, NC H C pbp1736@yahoo.com 7/1/12 6/30/14 (2)

10 Appointment Representing Name Phone Term of Office Gaston Co. Commissioner Pending Gaston Co. Physician/SA Tim Sloand 1207 Rainbow Dr. Mount Holly, NC Burke Co. Physician Dr. Anthony Frasca 126 Morehead Street Morganton, NC H O H O C /1/12 6/30/14 (2) 7/1/12 6/30/13 (1) Burke Co. Commissioner Maynard Taylor 3095 Taylor Avenue Connelly Springs, NC Catawba Co. Financial Expertise Joseph F. Beaman, Jr Brentwood Circle Newton, NC H O F H O /1/12 6/30/13 (1) Catawba Co. At Large David L. Isenhower nd Ave Dr, NE Conover, NC Catawba Co. Commissioner Randall Isenhower 1537 Little Hill Rd Newton, NC H O C F dli@davidisenhower.com H O attycri@sib-law.com 7/1/12 6/30/15 (3) Catawba Co. Clinical Professional Ray Von Beatty P O Box 404 Sherrills Ford, NC H joyceandvon@embarqmail.com 7/1/12 6/30/13 (1) Cleveland Co. Commissioner Susan Allen 110 Harbor Point Drive Cherryville, NC Cleveland Co. At Large Roger Gaddis P O Box 633 Boiling Springs NC Cleveland Co. Management Kris Thompson 170 Harbor Point Dr Cherryville NC Iredell Co. Con DD Dinah Daniels 621 Friendship Rd Statesville NC Iredell Co. Financial Expertise Frank Bill W. Furches, Jr. 403 Macon Dr Statesville NC C skallen@carolina.rr.com H randsgaddis@gmail.com H W wkt@peakresourcesinc.com H danielsdinah@bellsouth.net H W F bfurches@co.iredell.nc.us 7/1/12 6/30/15 (3) 7/1/12 6/30/15 (3) 7/1/12 6/30/14 (2) 7/1/12 6/30/15 (3)

11 Appointment Representing Name Phone Term of Office Iredell Co. Management Matthew McCall 234 Normandy Rd Mooresville NC W mmccall@co.iredell.nc.us 7/1/12 6/30/13 (1) Iredell Co. Commissioner Renee C. Griffith 729 Brookdale Drive Statesville, NC C Renee.griffith@co.iredell.nc.us Lincoln Co Commissioner Jim Klein 7628 Sedgebrook Dr, E Stanley, NC H F jaklein5@yahoo.com Lincoln Co Interest of Children Melinda Finger 3300 Hoffman Acres St Lincolnton, NC H W F mfinger@lincolncounty.org 7/1/12 6/30/14 (2) Surry Co. Commissioner Larry Phillips 1005 N. Franklin Road Mount Airy, NC H C phillipsl@co.surry.nc.us Surry Co. Management Barbara Anderson 205 Willis Gap Rd Mount Airy, NC Yadkin Co. Commissioner Frank Zachary 1342 Cross Creek Dr Yadkinville, NC Yadkin Co. Management David Buie 1040 Thurman Lake Dr Jonesville, NC H barbaraanderson@centurylink.net H W czachary@yadtel.net H buiedavid38@gmail.com 7/1/12 6/30/14 (2) 7/1/12 6/30/13 (1) CFAC Representative Linda McCrary 2086 Warrior Fork Trail Morganton, NC H C lindamccrary@charter.net 8/13/12-8/13/13 (1)