2010 New York Code
MHY - Mental Hygiene
Title E - GENERAL PROVISIONS
Article 41 - (41.01 - 41.57) LOCAL SERVICES
41.11 - Composition of boards.

§ 41.11 Composition of boards.
    * (a) In all local governments with a population less than one hundred
  thousand,  community  services  boards,  at  the  option  of  the  local
  government, shall have either nine or fifteen members appointed  by  the
  local  government.  In all other local governments, a community services
  board shall have fifteen members appointed by the local government.
    Whenever practicable at least one member shall be a licensed physician
  and one member shall be a certified psychologist and otherwise at  least
  two   members  shall  be  licensed  physicians,  such  members  to  have
  demonstrated an interest in the  field  of  services  for  the  mentally
  disabled.  The  other  members shall represent the community interest in
  all  the  problems  of  the  mentally   disabled   and   shall   include
  representatives  from  community  agencies  for  the  mentally  ill, the
  mentally retarded and developmentally disabled, and those suffering from
  alcoholism and substance abuse. The community services board shall  have
  separate   subcommittees  for  mental  health,  mental  retardation  and
  developmental disabilities, and alcoholism or, at the discretion of  the
  local   government,   alcoholism  and  substance  abuse.  Each  separate
  subcommittee shall have no more than nine members appointed by the local
  government, except that each subcommittee for mental health  shall  have
  no  more than eleven members appointed by the local government. Three of
  each such subcommittee shall be members  of  the  board.  Each  separate
  subcommittee  shall  be  composed  of  persons  who have demonstrated an
  interest in the field of services for the particular class  of  mentally
  disabled and shall include former patients, parents or relatives of such
  mentally  disabled persons and community agencies serving the particular
  class of mentally disabled, except that  each  subcommittee  for  mental
  health  shall  include at least two members who are or were consumers of
  mental health services, and at least two  members  who  are  parents  or
  relatives  of  persons  with  mental illness. Each separate subcommittee
  shall advise the community services board and the director of  community
  services regarding the exercise of all policy-making functions vested in
  such  board  or  director,  as  such  functions  pertain to the field of
  services for the  particular  class  of  mentally  disabled  individuals
  represented  by  such  subcommittee.  In addition, each subcommittee for
  mental health  shall  be  authorized  to  annually  evaluate  the  local
  services  plan,  and shall be authorized to report on the consistency of
  such plan with  the  needs  of  persons  with  serious  mental  illness,
  including  children and adolescents with serious emotional disturbances.
  Any such report shall be forwarded annually to  the  community  services
  board  and  the  director of community services and a copy shall also be
  sent to the commissioner prior to the submission of the  local  services
  plan, provided, however, that the provisions of this paragraph shall not
  apply to cities of over a million in population.
    * NB Effective until March 31, 2013
    * (a) In all local governments with a population less than one hundred
  thousand,   community  services  board,  at  the  option  of  the  local
  government, shall have either nine or fifteen members appointed  by  the
  local  government.  In all other local governments, a community services
  board shall have fifteen members appointed by the local government.
    Whenever practicable at least one member shall be a licensed physician
  and one member shall be a certified psychologist and otherwise at  least
  two   members  shall  be  licensed  physicians,  such  members  to  have
  demonstrated an interest in the  field  of  services  for  the  mentally
  disabled.  The  other  members shall represent the community interest in
  all  the  problems  of  the  mentally   disabled   and   shall   include
  representatives  from  community  agencies  for  the  mentally  ill, the
  mentally retarded and developmentally disabled, and those suffering from

alcoholism and substance abuse. The community services board shall  have
  separate   subcommittees  for  mental  health,  mental  retardation  and
  developmental disabilities, and alcoholism or, at the discretion of  the
  local   government,   alcoholism  and  substance  abuse.  Each  separate
  subcommittee shall have no more than nine members appointed by the local
  government.  Three of each such subcommittee shall  be  members  of  the
  board.  Each separate subcommittee shall be composed of persons who have
  demonstrated an interest in the field of  services  for  the  particular
  class of mentally disabled and shall include former patients, parents or
  relatives  of  such  mentally  disabled  persons  and community agencies
  serving  the  particular  class  of  mentally  disabled.  Each  separate
  subcommittee  shall advise the community services board and the director
  of community  services  regarding  the  exercise  of  all  policy-making
  functions vested in such board or director, as such functions pertain to
  the  field  of  services  for  the particular class of mentally disabled
  individuals represented by such subcommittee. Provided however that  the
  provisions of this paragraph shall not apply to cities of over a million
  in population.
    * NB Effective March 31, 2013
    * (b)  In  cities  of  over a million a community services board shall
  consist of fifteen members to be appointed by the mayor. There shall  be
  at  least  two residents of each county within such cities on the board.
  At least one shall be a licensed physician and at least one shall  be  a
  certified  psychologist. The other members shall represent the community
  interest in all of the problems  of  the  mentally  disabled  and  shall
  include  representatives  from  community agencies for the mentally ill,
  the mentally retarded and developmentally disabled, and those  suffering
  from  alcoholism and substance abuse. The community services board shall
  have separate subcommittees for mental health,  mental  retardation  and
  developmental  disabilities, and alcoholism or, at the discretion of the
  local  government,  alcoholism  and  substance  abuse.   Each   separate
  subcommittee shall have no more than nine members appointed by the local
  government,  except  that each subcommittee for mental health shall have
  no more than eleven members appointed by  the  local  government.  Three
  members  of  each  such subcommittee shall be members of the board. Each
  separate subcommittee shall be composed of persons who have demonstrated
  an interest in the  field  of  services  for  the  particular  class  of
  mentally   disabled  and  shall  include  former  patients,  parents  or
  relatives of such  mentally  disabled  persons  and  community  agencies
  serving  the  particular  class  of  mentally disabled, except that each
  subcommittee for mental health shall include at least  two  members  who
  are or were consumers of mental health services, and two members who are
  parents  or  relatives  of  persons  with  mental illness. Each separate
  subcommittee shall advise the community services board and the  director
  of  community  services  regarding  the  exercise  of  all policy-making
  functions vested in such board or director, as such functions pertain to
  the field of services for the  particular  class  of  mentally  disabled
  individuals   represented   by  such  subcommittee.  In  addition,  each
  subcommittee for mental health shall be authorized to annually  evaluate
  the  local  services  plan,  and  shall  be  authorized to report on the
  consistency of such plan with the needs of persons with  serious  mental
  illness,  including  children  and  adolescents  with  serious emotional
  disturbances. Any  such  report  shall  be  forwarded  annually  to  the
  community  services  board and the director of community services, and a
  copy shall also be sent to the commissioner prior to the  submission  of
  the local services plan.
    * NB Effective until March 31, 2013

* (b)  In  cities  of  over a million a community services board shall
  consist of fifteen members to be appointed by the mayor. There shall  be
  at  least  two residents of each county within such cities on the board.
  At least one shall be a licensed physician and at least one shall  be  a
  certified  psychologist. The other members shall represent the community
  interest in all of the problems  of  the  mentally  disabled  and  shall
  include  representatives  from  community agencies for the mentally ill,
  the mentally retarded and developmentally disabled, and those  suffering
  from  alcoholism and substance abuse. The community services board shall
  have separate subcommittees for mental health,  mental  retardation  and
  developmental  disabilities, and alcoholism or, at the discretion of the
  local  government,  alcoholism  and  substance  abuse.   Each   separate
  subcommittee shall have no more than nine members appointed by the local
  government.  Three members of each such subcommittee shall be members of
  the board. Each separate subcommittee shall be composed of  persons  who
  have  demonstrated  an  interest  in  the  field  of  services  for  the
  particular class of mentally disabled and shall include former patients,
  parents or relatives of such mentally  disabled  persons  and  community
  agencies  serving  the  particular  class  of  mentally  disabled.  Each
  separate subcommittee shall advise the community services board and  the
  director   of   community   services   regarding  the  exercise  of  all
  policy-making functions vested  in  such  board  or  director,  as  such
  functions  pertain  to the field of services for the particular class of
  mentally disabled individuals represented by such subcommittee.
    * NB Effective March 31, 2013
    (c) A person's public office or employment shall not  bar  appointment
  as  a member of a board or subcommittee, nor shall membership serve as a
  bar to other public office or employment;  provided,  however,  that  no
  more  than three employees of the department or of a department facility
  may hereafter be appointed as a member of a board or subcommittee.
    (d) On initially constituted boards, and insofar  as  practicable,  on
  subcommittees,  one-third  of  the  members  shall  be  appointed  for a
  two-year term, one-third for a three-year term and the remainder  for  a
  four-year  term.  Thereafter,  each  member  shall  be  appointed  for a
  four-year term.  All terms shall begin to run from the first day of  the
  year  of the appointment. Vacancies shall be filled for unexpired terms.
  No person may serve as a member of a board of a  subcommittee  for  more
  than two terms consecutively unless otherwise provided by local law.
    (e) Local governments shall reimburse board members for the reasonable
  expenses  incurred in the performance of their duties and may also offer
  them a per diem compensation, but only  their  reasonable  expenses  are
  reimbursable as an operating cost pursuant to this article.
    (f)  Local  governments  may remove a board or subcommittee member for
  cause, after written notice of charges and an opportunity for the member
  to be heard.