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  Consent-Health & Human Services   # 18.       
Board of Supervisors Alcohol, Drug & Mental Health  
Meeting Date: 06/04/2013  
Brief Title:    Amd2 CalMHSA Effective 2013-14
From: Kim Suderman, Director, Alcohol, Drug and Mental Health
Staff Contact: Joni Lara-Jiménez, Sr. Admin. Services Analyst, Alcohol, Drug and Mental Health, x8290

Subject
Approve the second amendment to the Joint Exercise of Powers Agreement that governs operations of the California Mental Health Services Authority broadening CalMHSA’s scope of programs to include all mental and/or behavioral health programs, as requested by the CalMHSA Board and CMHDA. (No general fund impact) (Suderman)
Recommended Action
Approve and authorize the Chair to sign the second amendment to the Joint Exercise of Powers Agreement (JPA) that governs operations of the California Mental Health Services Authority (CalMHSA).
Strategic Plan Goal(s)
Preserve and ensure safe and crime free communities
Reason for Recommended Action/Background
All counties are required to utilize a portion of their MHSA funds for state wide Prevention and Early Intervention activities. Yolo’s allocation of $208,200 per year for 4 years totaled $832,800 and remains unchanged. To address these statewide requirements, the California Mental Health Directors Association (CMHDA) had contemplated sponsoring the formation of a joint powers authority to facilitate joint county mental health programs. This idea was ultimately acted upon with the 2009 formation of CalMHSA. Counties saw the value of acting together, as a JPA, to effectuate Statewide Prevention and Early Intervention projects funded under Prop 63, the Mental Health Services Act. In June 2010, Yolo County joined the JPA.

Now that the Statewide Prevention and Early Intervention (PEI) projects have been launched successfully and the value of a JPA recognized, and are in progress, CMHDA and the member Counties want CalMHSA to take on other roles as initially contemplated. As such, the existing Agreement may be too narrowly defined. In particular, counties have sought to negotiate and contract jointly through CalMHSA with the California Department of State Hospitals for civil commitment (LPS) beds, as provided for in WIC 4330 to 4335, but CDSH has stated the Agreement does not specifically authorize CalMHSA to do so under its existing agreement.

Accordingly, the amendments for which your approval is requested are focused primarily on broadening CalMHSA’s scope of programs to include all mental and/or behavioral health programs, as requested by the CalMHSA Board and CMHDA. The recommended changes reflect anticipated potential areas for counties to act jointly:

• Incorporate into the Recitals additional statutory bases for Counties to act together through CalMHSA.
• Broaden the described Purpose of CalMHSA to expressly embrace mental and behavioral health programs including joint contracting for state hospital beds; joint administration of other state or federal programs such as managed mental health care for MediCal beneficiaries, and specialty mental health services; operation of program risk pools; provision of fiscal or administrative services useful to the Members; and research, development and execution of policy requests from CMHDA and/or CSAC.
• Clarify that the Board exercises the powers and conducts the business of CalMHSA.
• Expressly incorporate reference to matters provided for more specifically in the Bylaws including election of officers by the Board, creation of and delegation to committees, and authority for the Executive Committee to act in the absence of a quorum of the Board.
• Clarify which Government Code provision regarding treasurers is utilized by CalMHSA.
• Clarify termination and disposition procedures.
• Clarify the amendment procedure.
• Clarify the definition of Member and expansion of the definition of Program to include behavioral health programs as well as mental health programs.
• Other miscellaneous clarifications as a matter of general cleanup.

CalMHSA’s fiscal structure remains unchanged. Under that structure, CalMHSA Programs are fiscally self-contained and Member counties choose which, if any, of the Programs they will participate in, and pay their share of only those programs in which they participate.
Other Agency Involvement
County Counsel

Fiscal Impact
No Fiscal Impact
Fiscal Impact (Expenditure)
Total cost of recommended action:    $   0
Amount budgeted for expenditure:    $   0
Additional expenditure authority needed:    $   0
One-time commitment     Yes
Source of Funds for this Expenditure
$0
Explanation (Expenditure and/or Revenue)
Further explanation as needed:
The County has previously assigned $832,800 ($208,200 x 4 years) from Mental Health Services Act, Prevention and Earlier Intervention (PEI) funds to CalMHSA when joining the JPA in June 2010 to address the state wide PEI requirements on Yolo’s behalf. The assigned funds are available to continue the services through this second amendment.

No further financial commitment is required at this time. CalMHSA Programs are fiscally self-contained; the County shall choose which, if any, of the Programs they will participate in, and pay their share of only those programs in which they participate. An independent contract will be required if the County choose to participate in these programs.
Attachments
Att. A. Contract

Form Review
Inbox Reviewed By Date
Financial Services hnewens 05/28/2013 04:49 PM
County Counsel Hope Welton 05/28/2013 04:57 PM
Form Started By: jlara-jimenez Started On: 05/20/2013 02:50 PM
Final Approval Date: 05/28/2013

    

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