Section 340.02 | Organization of board of alcohol, drug addiction, and mental health services.
(A) For each alcohol, drug addiction, and mental health service district, there shall be appointed a board of alcohol, drug addiction, and mental health services. As provided in this section, the board shall consist of eighteen members, fifteen members, fourteen members, twelve members, or nine members.
In a single-county district, the size of the board shall be determined by the board of county commissioners representing the county that constitutes the district. In a joint-county district, the size of the board shall be determined jointly by all of the boards of county commissioners representing the counties that constitute the district.
The determination of board size shall be made by selecting one of the options described in division (B) of this section. After an option is selected and implemented, a subsequent determination of board size may be made, except that subsequent determinations shall not occur more frequently than once every four calendar years.
If a selected option would result in a change in board size, before the option may be implemented the board of county commissioners or boards of county commissioners, as the case may be, shall send a representative to a meeting of the board of alcohol, drug addiction, and mental health services to solicit feedback about the matter. After considering any feedback received, the board or boards of county commissioners may proceed with implementing the change in board size. If the change results in a reduction of board members, the reduction shall be implemented by not filling vacancies as they occur.
To implement a selected option that would result in the establishment of a new board of alcohol, drug addiction, and mental health services or in a change in size of an existing board, the board or boards of county commissioners, as the case may be, shall adopt a resolution specifying the board size that has been selected. The board or boards of county commissioners also shall notify the department of mental health and addiction services of the board size that has been selected.
(B)(1) In the case of a board of alcohol, drug addiction, and mental health services that is established on or after the effective date of this amendment, any of the following options may be selected for purposes of division (A) of this section:
(a) To establish the board as an eighteen-member board;
(b) To establish the board as a fifteen-member board;
(c) To establish the board as a fourteen-member board;
(d) To establish the board as a twelve-member board;
(e) To establish the board as a nine-member board;
(f) To change the board's size after it has been established by selecting a number of members that is eighteen, fifteen, fourteen, twelve, or nine, as the case may be.
(2) In the case of a board of alcohol, drug addiction, and mental health services that existed immediately prior to the effective date of this amendment, either of the following options may be selected for purposes of division (A) of this section:
(a) To continue the board's operation as an eighteen-member or fourteen-member board, as a board of that size was authorized prior to the effective date of this amendment, in which case no further action is required;
(b) To change the board's size by selecting a number of members that is eighteen, fifteen, fourteen, twelve, or nine as the case may be.
(C) All members shall be residents of the service district. The membership shall, as nearly as possible, reflect the composition of the population of the service district as to race and sex.
The director of mental health and addiction services shall appoint one-third of the members of the board and the board of county commissioners shall appoint two-thirds of the members. In a joint-county district, the board of county commissioners of each participating county shall appoint members in as nearly as possible the same proportion as that county's population bears to the total population of the district, except that at least one member shall be appointed from each participating county.
The director of mental health and addiction services shall ensure that at least one member of the board is a clinician with experience in the delivery of mental health services, at least one member of the board is a person who has received or is receiving mental health services, at least one member of the board is a parent or other relative of such a person, at least one member of the board is a clinician with experience in the delivery of addiction services, at least one member of the board is a person who has received or is receiving addiction services, and at least one member of the board is a parent or other relative of such a person. A single member who meets both qualifications may fulfill the requirement for a clinician with experience in the delivery of mental health services and a clinician with experience in the delivery of addiction services.
No member or employee of a board of alcohol, drug addiction, and mental health services shall serve as a member of the board of any provider with which the board of alcohol, drug addiction, and mental health services has entered into a contract for the provision of services or facilities. No member of a board of alcohol, drug addiction, and mental health services shall be an employee of any provider with which the board has entered into a contract for the provision of services or facilities. No person shall be an employee of a board and such a provider unless the board and provider both agree in writing.
No person shall serve as a member of the board of alcohol, drug addiction, and mental health services whose spouse, child, parent, brother, sister, grandchild, stepparent, stepchild, stepbrother, stepsister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law serves as a member of the board of any provider with which the board of alcohol, drug addiction, and mental health services has entered into a contract for the provision of services or facilities. No person shall serve as a member or employee of the board whose spouse, child, parent, brother, sister, stepparent, stepchild, stepbrother, stepsister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law serves as a county commissioner of a county or counties in the alcohol, drug addiction, and mental health service district.
Each year each board member shall attend at least one inservice training session provided or approved by the department of mental health and addiction services.
Each member shall be appointed for a term of four years, commencing the first day of July, except that when a board is established on or after the effective date of this amendment, the initial appointments shall be staggered among the members as equally as possible with terms of two years, three years, and four years.
No member shall serve more than two consecutive four-year terms under the same appointing authority. A member may serve for three consecutive terms under the same appointing authority only if one of the terms is for less than two years. A member who has served two consecutive four-year terms or three consecutive terms totaling less than ten years is eligible for reappointment by the same appointing authority one year following the end of the second or third term, respectively.
When a vacancy occurs, appointment for the expired or unexpired term shall be made in the same manner as an original appointment. The board shall notify the appointing authority either by certified mail or, if the board has record of an internet identifier of record associated with the authority, by ordinary mail and by that internet identifier of record of any vacancy and shall fill the vacancy within sixty days following that notice. As used in this paragraph, "internet identifier of record" has the same meaning as in section 9.312 of the Revised Code.
Any member of the board may be removed from office by the appointing authority at will. Before a member may be removed at will, the member shall be informed in writing of the proposed removal and afforded an opportunity for a public hearing. Upon the absence of a member within one year from either four board meetings or from two board meetings without prior notice, the board shall notify the appointing authority, which may vacate the appointment and appoint another person to complete the member's term.
Members of the board shall serve without compensation, but shall be reimbursed for actual and necessary expenses incurred in the performance of their official duties, as defined by rules of the department of mental health and addiction services.
Last updated September 18, 2023 at 8:54 AM
Available Versions of this Section
- September 15, 2014 – House Bill 483 - 130th General Assembly [ View September 15, 2014 Version ]
- November 2, 2018 – Amended by House Bill 34 - 132nd General Assembly [ View November 2, 2018 Version ]
- October 3, 2023 – Amended by House Bill 33 - 135th General Assembly [ View October 3, 2023 Version ]