Frequently Asked Questions

1. Annual Reports - Do you have advice and examples of local Annual Reports (as required in WIC 5604.2)? 
   1. See: Best Practices - Go to Table of Contents. Select "Annual Reports"
   2. See: TEMPLATES/SAMPLE DOCS - Go to "Annual Reports"
   3. See: Reports - Go to "Annual Reports"
2. Committees (See #14 below for more info.)- We have difficulty maintaining leadership and making quorum for our "Standing Committees", and the staff is stretched too thin with scheduling and taking minutes for too many meetings. Advice? "Standing Committees" are not required by WIC 5604.2, although may be required in your local board/commission bylaws.  Possible alternatives:
   1. Forming "Ad Hoc" committees to research specific issues or address projects (Annual Reports, Data Notebooks) - see "Ad Hocs" 
   2. Asking individual members to attend meetings not hosted by your board (such as other commissions, committees and organizations).  Members could periodically provide short reports to your full board and/or recommend related speakers.
3. Ethics Training - Are board members/commissioners required to attend AB 1234 Ethics Training?   Government Code 53234-53235.2 specifies: (a) If a local agency provides any type of compensation, salary, or stipend to a member of a legislative body [this includes advisory boards and commissions], or provides reimbursement for actual and necessary expenses incurred by a member of a legislative body in the performance of official duties, then all local agency officials shall receive training in ethics pursuant to this article.
   (b) Each local agency official shall receive at least two hours of training in general ethics principles and ethics laws relevant to his or her public service every two years.
4. Expenses - Could you provide information regarding expense reimbursement for local members?  WIC 5604.3 & 5892(c) PDF Doc       (a) "The Board of Supervisors may pay from any available funds the actual and necessary expenses of the members of the Mental Health Board of a community mental health service incurred incident for the performance of their official duties and functions. The expenses may include travel, lodging, childcare and meals for the members of an advisory board while on official business as approved by the director of mental health programs."  (b) "Governing bodies are encouraged to provide a budget for the local mental health board, using planning and administrative revenues identified in subdivision (c) of Section 5892 [see below], that is sufficient to facilitate the purpose, duties, and responsibilities of the local mental health board." WIC 5892 (c) The allocations pursuant to subdivisions (a) and (b) [Mental Health Services Fund] shall include funding for annual planning costs pursuant to Section 5848 . The total of these costs shall not exceed 5 percent of the total of annual revenues received for the fund. The planning costs shall include funds for county mental health programs to pay for the costs of consumers, family members, and other stakeholders to participate in the planning process and for the planning and implementation required for private provider contracts to be significantly expanded to provide additional services pursuant to Part 3 (commencing with Section 5800 ) and Part 4 (commencing with Section 5850 ). Sample Expense Policy
5. Fiscal BHSA Information - Information regarding fiscal components is at: www.calbhbc.org/bhsa
6. Behavioral Health Services Act (BHSA) Integrated Plans & Updates - It is a challenge to review such large documents.  Suggestions?
   1. Ask staff for presentations on different categories throughout the year.
   2. Ask staff for an “Executive Summary" that includes substantive recommendations and describes substantive changes 
   3. Review demographic information, with a focus on identifying gaps and successes
   4. Review performance outcomes, with a focus on identifying challenges and successes
   5. Divide sections among individuals who report to the larger body.
   6. Step back and take a systems approach when advising Behavioral Health Director and Board of Supervisors.
7. New Member Orientation - How can we acclimate new members?
   1. Send new members to trainings (live, recorded & short interactive).  www.calbhbc.org/training
   2. Provide a "Member Guide" that contains your bylaws, WIC 5604.2 duties, Conduct information and a Brown Act guide. Have one or two of your members meet with new member(s) to review the "Member Guide" and/or review the duties as listed in WIC 5604.2.  
8. Recruitment of Members - Do you have advice for finding potential members to recommend to our Board of Supervisors for appointment onto our board/commission? 
   1. Advice is in the Best Practices document ​(see "Recruitment")
   2. Materials, including a sample flyer:  TEMPLATES/SAMPLE DOCS ​(see "Recruitment"). 
   3. Policies & Procedure (example) is in the Membership Guide (Sample) document (See: Policies and Procedures: Recruitment of New Behavioral Health Board Members.)
9. Recruitment of Mental/Behavioral Health Director (Also see "Role & Requirements" below) - Local mental health boards should be included in this process per:WIC 5604.2 (Duty #6):  "Review and make recommendations on applicants for the appointment of a local director of mental health services. The board shall be included in the selection process prior to the vote of the governing body." Below is a suggested process that was shared with CALBHB/C: 
   1. Two members of the BHB participated in the process.  They joined a group of individuals, led by the HHS Director, including Sheriff/Probation, Public Health Official and others. The BHB members (chair and another member) participated by:    A) Offering input to the set list of interview questions  BHB member questions included: A question about the candidate's experience working with individuals with severe mental illness, and a question about the candidates ideas for strategies around addressing local mental health issues. B) Participating in the interviews (the chair attended one round of interviews, and the other member attended the second round).  Each individual on the interview panel was given one question to ask the candidates (the first round had 7 candidates, and the second round had 2 or 3 candidates)    C) There was a scoring sheet that each interviewer completed.
   2. Also see: Membership Guide (Sample) document (See: Policies and Procedures: Recruitment of Behavioral Health Director.)
10. Role and requirements of Mental/Behavioral Health Director - What is the role of the Mental/Behavioral Health Director?  Per WIC 5607: [The Director of Mental Health Services]:  The local mental health services shall be administered by a local director of mental health services to be appointed by the governing body [Board of Supervisors}.  He or she shall meet such standards of training and experience as the State Department of Health Care Services, by regulation, shall require.  Applicants for these positions need not be residents of the city, county, or state, and may be employed on a full or part-time basis.  If a county is unable to secure the services of a person who meets the standards of the State Department of Health Care Services, the county may select an alternate administrator.      The local director of mental health services shall have the following powers and duties:(a) Serve as chief executive officer of the community mental health service responsible to the governing body through administrative channels designated by the governing body. (b) Exercise general supervision over mental health services provided under this part. (c) Recommend to the governing body, after consultation with the advisory board, the provision of services, establishment of facilities, contracting for services or facilities and other matters necessary or desirable in accomplishing the purposes of this division (WIC 5608(c). (d) Submit an annual report to the governing body reporting all activities of the program, including a financial accounting of expenditures and a forecast of anticipated needs for the ensuing year. (e) Carry on studies appropriate for the discharge of his or her duties, including the control and prevention of mental disorders. (f) Possess authority to enter into negotiations for contracts or agreements for the purpose of providing mental health services in the county.
11. Site Visits - Do you have advice, sample policies and examples of forms for conducting site visits? 
    1. See: Best Practices - See "Site Visits"
    2. See: TEMPLATES/SAMPLE DOCS - Go to "Site Visits" (right column)​
12. Mental Health Services offered in county jails - How can we review these services?

1. Invite the following speakers to address Mental Health services/programs, "warm hand-offs" and access to Mental Health services in preparation and upon release:  Jail Warden/staff, BH Director/staff, related Contractors/staff, Probation Director/staff.
2. Board Liaison - Ask one of your local board/commission members to attend the local Community Corrections Partnership (AB 109) Committee meetings and report back to your local board/commission.
3. Site Visits (access varies by jurisdiction).
4. Patients Rights Advocates are authorized to review the mental health programs in jails.  They are a good source of information and they are advocates.  Invite them to participate regularly at your monthly meetings. Disability Rights CA - Local Patients Rights Advocates Contact Info

13. Realignment - See: ​Realignment
​
14. Committees - Can a board or commission have committees?  Yes, there are a couple of ways to have committees.

1. Standing Committees - Long-term committees that meet regularly. These must abide by the Brown Act and must have less than a quorum of board members on the committee.
   1. What if more than a quorum of board members wants to attend? It is ok to allow any/all the board members who are not on a specific standing committee to attend the meetings.   If their attendance does establish a quorum of the board/commission, the members of the board/commission who are not members of the standing committee may only attend as “observers” (Brown Act Section 54952.2(c)(6)). This means that members of the BHB who are not members of the standing committee should not speak at the meeting, sit in their usual seat or otherwise participate in the standing committee's meeting.
2. Ad Hoc Committees (Workgroups) - Short-term project-oriented committees with less than a quorum of the board or standing committee. (See pages 3 & 4 of "Best Practices")  

15. Public Comment - Is there supposed to be public comment time before or during each item on the agenda?  
     The Brown Act mandates that agendas for regular meetings allow for:

1. A general public comment period, which is the part of the meeting where the public can comment on any item of interest that is within the subject matter jurisdiction of the local agency. This may come at any time during a meeting (Section 54954.3).*
2. A public comment period pertaining to items on the agenda. The Brown Act requires the legislative body to allow these specific comment periods on agenda items to occur prior to or during the bHB's consideration of that item (Section 54954.3)*

* Some boards/commissions accomplish both requirements by placing a public comment period at the beginning of the agenda where the public can comment on agenda and non-agenda items. Others provide public comment periods as each item or group of items comes up on the agenda. Either method is permissible, though public comment on public hearing items must be taken during the hearing. Caution should also be taken with consent calendars. The body should have a public comment period for consent calendar items before the body acts on the consent calendar, unless it permits members of the audience to “pull” items from the calendar.
     Example of Agenda Wording: (Place at the beginning of the agenda, perhaps following Roll Call/Introductions): "Item 2: Any member of the public desiring to address the Commission on a matter not on the agenda may do so at this time.  Any member of the public desiring to address the Commission on a matter that is on the agenda may do so before or during the agenda item, as facilitated by the chair."

16. Membership requirements (WIC 5604):

• Terms shall be 3 years, staggered.
• 50% Consumers (individuals who are receiving or have received behavioral health services) or Family Members of Consumers; This must include at least:  
  • 20% Consumers  
  • 20% Family Members of Consumers
  • One (1) member must be a consumer or a family member who is 25 Years of Age or Younger (Beginning 1/1/2025) 
• One (1) Board of Supervisor Member
• One (1) Employee from a Local Education Agency (Beginning 1/1/2025)
• One (1) Veteran or Veteran Advocate (“veteran advocate” means either a parent, spouse, or adult child of a veteran, or an individual who is part of a veterans organization, including the Veterans of Foreign Wars or the American Legion.)
• Reflect the DIVERSITY* of the local client population (This is a requirement that must be included in the BHB Bylaws.) Diverse membership includes ethnic, racial, cultural, LGBTQ+, and age.
• Experience/Knowledge of the BH System: Counties are encouraged to appoint individuals who have experience with, and knowledge of, the behavioral health system, such as representatives of:
  • County Offices of Education
  • Large and Small Businesses
  • Hospitals, Hospital Districts
  • Physicians Practicing in Emergency Departments
  • City Police Chiefs
  • County Sheriffs
  • Community and Nonprofit Service Providers
• Exceptions: Except as noted below*, a Board member or spouse cannot be employed by:
  • A county mental health and substance use disorder service
  • The State Department of Health Care Services
  • A mental health or substance use disorder contract agency

*  A behavioral health consumer can be employed by any of the above if the consumer has no interest, influence or authority over any financial or contractual matter concerning the employer.

17. Documents: Sharing & Retaining
​It is important to retain all agendas and documents (related to the subject matter of behavioral health) that are shared with a majority of board/commission members. 

Regarding sign-in sheets, the public must be informed that signing in is optional. There is not a Brown Act Requirement to retain sign-in sheets, although there may be a Public Records Act requirement.

Below is related Brown Act code.  

54954.1. Any person may request that a copy of the agenda, or a copy of all the documents constituting the agenda packet, of any meeting of a legislative body be mailed to that person. If a local agency has an internet website, the legislative body or its designee shall email a copy of, or website link to, the agenda or a copy of all the documents constituting the agenda packet if the person requests that the item or items be delivered by email. If the local agency determines it is technologically infeasible to send a copy of all documents constituting the agenda packet or a link to a website that contains the documents by email or by other electronic means, the legislative body or its designee shall send by mail a copy of the agenda or a website link to the agenda and mail a copy of all other documents constituting the agenda packet in accordance with the mailing requirements established pursuant to this section. If requested, the agenda and documents in the agenda packet shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Upon receipt of the written request, the legislative body or its designee shall cause the requested materials to be mailed at the time the agenda is posted pursuant to Section 54954.2 and 54956 or upon distribution to all, or a majority of all, of the members of a legislative body, whichever occurs first. Any request for mailed copies of agendas or agenda packets shall be valid for the calendar year in which it is filed, and must be renewed following January 1 of each year. The legislative body may establish a fee for mailing the agenda or agenda packet, which fee shall not exceed the cost of providing the service. Failure of the requesting person to receive the agenda or agenda packet pursuant to this section shall not constitute grounds for invalidation of the actions of the legislative body taken at the meeting for which the agenda or agenda packet was not received.

(Amended by Stats. 2021, Ch. 763, Sec. 1. (SB 274) Effective January 1, 2022.)
54957.5. 
(a) Agendas of public meetings are disclosable public records under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), and shall be made available upon request without delay and in compliance with Section 54954.2 or Section 54956, as applicable. However, this section shall not apply to a writing, or portion thereof, that is exempt from public disclosure.(b) (1) If a writing is a public record related to an agenda item for an open session of a regular meeting of the legislative body of a local agency and is distributed to all, or a majority of all, of the members of a legislative body of a local agency by a person in connection with a matter subject to discussion or consideration at an open meeting of the body less than 72 hours before that meeting, the writing shall be made available for public inspection pursuant to paragraph (2) at the time the writing is distributed to all, or a majority of all, of the members of the body.
(2) (A) Except as provided in subparagraph (B), a local agency shall comply with both of the following requirements:
(i) A local agency shall make any writing described in paragraph (1) available for public inspection at a public office or location that the agency shall designate for this purpose.
(ii) A local agency shall list the address of the office or location designated pursuant to clause (i) on the agendas for all meetings of the legislative body of that agency.
(B) A local agency shall not be required to comply with the requirements of subparagraph (A) if all of the following requirements are met:
(i) An initial staff report or similar document containing an executive summary and the staff recommendation, if any, relating to that agenda item is made available for public inspection at the office or location designated pursuant to clause (i) of subparagraph (A) at least 72 hours before the meeting.
(ii) The local agency immediately posts any writing described in paragraph (1) on the local agency’s internet website in a position and manner that makes it clear that the writing relates to an agenda item for an upcoming meeting.
(iii) The local agency lists the web address of the local agency’s internet website on the agendas for all meetings of the legislative body of that agency.
(iv) (I) Subject to subclause (II), the local agency makes physical copies available for public inspection, beginning the next regular business hours for the local agency, at the office or location designated pursuant to clause (i) of subparagraph (A).
(II) This clause is satisfied only if the next regular business hours of the local agency commence at least 24 hours before that meeting.
(c) Writings that are public records described in subdivision (b) and distributed during a public meeting shall be made available for public inspection at the meeting if prepared by the local agency or a member of its legislative body, or after the meeting if prepared by some other person. These writings shall be made available in appropriate alternative formats upon request by a person with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof.
(d) This chapter shall not be construed to prevent the legislative body of a local agency from charging a fee or deposit for a copy of a public record pursuant to Section 7922.530, except that a surcharge shall not be imposed on persons with disabilities in violation of Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof.
(e) This section shall not be construed to limit or delay the public’s right to inspect or obtain a copy of any record required to be disclosed under the requirements of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), including, but not limited to, the ability of the public to inspect public records pursuant to Section 7922.525 and obtain copies of public records pursuant to either subdivision (b) of Section 7922.530 or Section 7922.535. This chapter shall not be construed to require a legislative body of a local agency to place any paid advertisement or any other paid notice in any publication.