2019 New York Laws
MHY - Mental Hygiene
Title E - General Provisions
Article 41 - 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  persons  with
mental  disabilities.  The  other  members shall represent the community
interest in all the problems of persons  with  mental  disabilities  and
shall  include  representatives from community agencies for persons with
mental illness, developmental disabilities,  and  those  suffering  from
alcoholism  and substance abuse. The community services board shall have
separate subcommittees for mental  health,  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 persons with mental  disabilities
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, 2021
  * (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  individuals with mental
illness, developmental disabilities, and those suffering from alcoholism

and substance abuse. The community services board  shall  have  separate
subcommittees   for   mental  health,  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 individuals with mental disabilities 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, 2021
  * (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 persons with  mental
illness   and  developmental  disabilities,  and  those  suffering  from
alcoholism and substance abuse. The community services board shall  have
separate  subcommittees  for  mental health, 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 persons with
mental  disabilities 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  individuals  with  mental  disabilities
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, 2021
  * (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 persons with mental disabilities and
shall include representatives from community agencies for  persons  with
mental  illness,  developmental  disabilities,  and those suffering from
alcoholism and substance abuse. The community services board shall  have
separate  subcommittees  for  mental health, 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
persons  with  mental  disabilities  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 persons with mental disabilities
represented by such subcommittee.
  * NB Effective March 31, 2021
  (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.