MINUTES

MH&R BOARD of ERIE & OTTAWA COUNTIES

April 15, 2008

 

 

Present:

Sue Kane

Kenny Baughman

Eric Zgodzinski

 

Toni DeLuca

Steven Prentice

Robert Warner

 

Steve Lippert

Vee Reifsnyder

Marlene Boas

 

Barbara Hemphill

Pam McGlothlin

Bill Kimberlin

 

Leroy Sizemore

 

 

 

 

 

 

Office Staff:

Kirk Halliday

Patty Notestine

Beth Williams

 

Debbie Kelley

 

 

 

 

 

 

Excused:

John Fellhauer

Barbe Lippert

Dan Ward

 

Bob Kasayka

 

 

Absent:

 

 

 

 

 

 

 

Guests:

Bruce Kijowski

Henrietta Whelan

Tim Naughton

 

Lisa Byers

Marty Williams

 

 

 

 

 

 

 

 

The Mental Health and Recovery Board of Erie and Ottawa Counties met on Tuesday, April 15, 2008 at the Sandusky Artisans. Sue A Kane, Chair, called the meeting to order at 7:00 p.m.

 

Introduction of Guests— The Board welcomed all in attendance.

 

The Board Chair noted that at the last meeting there was some discussion concerning the Sunshine Law. She stated that she personally would never do anything to jeopardize the MH Board, and the Board members should let her know if she is doing something out of order. She also noted that the brief time that we are here as a Board we all need to work together to get things done. 

 

Approval of Agenda— Kenny moved the agenda be approved as presented. Pam seconded; motion carried unanimously.

 

Secretary’s Report—Toni moved the minutes of the March 18, 2008 meeting be approved as presented. Barbara seconded; motion carried unanimously.

 

Executive Director’s Report

 

        Dr. Halliday reported on the following: a) Monitoring Reports – It was noted that staff continue to use their vacation hours in a timely manner. b) The Community Plan has been submitted as requested by ODMH. c) Other: Annual Board Training hand-out. A number of dates were presented for board members to indicate their preference. Once received and guest speakers notified, a date will be confirmed. d) Program Division Report: Presented by Debbie Kelley; next month the quarterly agency and board/system progress reports will come to the board. We will be meeting with our agencies with suggested changes to the format and clarifications. Staff has also identified some types of improvement and will be implementing those measures. All changes will be discussed at the next board meeting.

                                   

CQI – Continuous Quality Improvement planning: Review of Board Legal Responsibilities

 

            Vickie Ruffing, Board Solicitor, stated that in June of 2004, the Board began a review of its methods of achieving and implementing its statutory duties. You are a public body, a public body governed by Ohio Revised Code as to what your duties are.

 

A summary of Board Duties was reviewed;

 

  1. Assess, plan for the operation of facilities and community services, and submit to the department of mental health a community mental health plan listing community mental health needs, including the needs of all residents of the district now residing in state mental institutions and severely mentally disable adults, children and adolescents; all children subject to a determination made pursuant to ORC 121.38 and all facilities and community mental health services that are or will be in operation or provided during the period for which the plan will be in operation in the service district to meet such needs, as stated and assessed in Governance Process, Policy No. 11-F. How you do that is to set your priorities. After you determine what the needs are in your community you then go about which needs are addressed first. (A) Statutorily there are some you are required to give priority; outpatient, inpatient, partial hospitalization, rehabilitation, consultation, mental health education and other preventative services, emergency services, research, administrative services, referral and information, residential, training, substance abuse, service and program evaluation, community support system, case management, residential housing, other services approved by the Board and the Director of Mental Health. The Board addresses those needs and funds are allocated for the provision of those services (B) Current Services, and (C) Community Input on Other Needs. You also allocate funds in light of priorities taking into account economy, quality and continuity of care and available resources. As a Board you enter into contracts to implement your priorities. The Board may establish this process in a way that is most effective and efficient in meeting local needs. This has been done specifically through your Governance Process, Policy No. 11-B
  2. Ethics; Governance Process, Policy No. 11-G. You are, as appointed officials of a public body, governed by the Ohio Ethics Law. Board members must avoid any conflict of interest with respect to their fiduciary responsibility. There must be no self-dealing or any conduct of private business or personal services between any board member and the organization except as procedurally controlled to ensure fairness, competitive opportunity and equal access to information. You may not use your positions on this board to obtain employment in this organization for yourself, family members or close associates. Should a board member be considered for employment, s/he must temporarily withdraw from board deliberation, voting and access to applicable board information. The Ohio Ethics Laws contained in Chapter 102 and section 2921.42 of ORC, that information is contained in Policy No. 11-G Policy Title: Board Member Code of Conduct. As specific insistences arise your best course of action is to ask, if you are unsure, if you may have a conflict of interest, or another board member has a conflict of interest, what you may do is go on the Ohio Ethics website to find out how you can obtain an option. They also have a glossary of opinions already issued. When in doubt ask and research. That is the surest way to keep yourself, your board, from even the appearance of a conflict of interest.
  3. Because you are a “public body” you are subject to the Sunshine Act, which comes in two parts, the Ohio Open Meetings Act, and the Public Records Act. A hand-out was given from the Ohio Attorney General, Marc Dann, (www.ag.state.oh.us or the Ohio Auditor’s State at www.auditor.state.us if you are interested in a CD format) Ohio’s Sunshine Laws Chapter II: The Open Meetings Act. A meeting is defined as a prearranged gathering, attended by a majority of the members of the pubic body, and is arranged for the purpose of conducting, transacting, deliberating, or discussing public business. The Boards duties in relation to public meetings are: issue appropriate notice, meeting must be open to the pubic, promptly prepare minutes of the meeting which are then made and available for pubic inspection.

 

The other part of the Sunshine Act is the Pubic Records Act. As defined under this act, a public record is a record kept by a pubic office. A record is any item that is kept by a public office that is (1) stored on a fixed medium, (2) created, received, or sent under the jurisdiction of a public office and (3) documents the organization, functions, policies, decisions, procedures, operation or other activities of the office.

 

Those documents must be produced for inspection, and if requested copying by any member of the public for any reason whatsoever without that member having to disclose their identity or their intent or need for the information, and there are stiff penalties for violation of the public records act.

 

Another hand-out was given to the Board;

Solicitor’s Memorandum Executive Sessions, April 15, 2008.

 

            Executive Sessions are exceptions to the Open Meetings Act, meaning you don’t do it unless you absolutely have to, and it has to be for certain stated purposes. The Ohio Legislature has indicated that there has to be a very strict protocol for going into executive session. Not only are the topics that can be discussed in executive session strictly regulated, the way you go into executive session is also strictly regulated. Ms. Ruffing advised that we should also on the record entertain a motion to exit executive session and return to the open meeting that should be seconded as well including a roll call, and recorded in the minutes. Reiterating that it is “disfavored” policy to go into executive session, and remember to discuss only what was said to be discussed. Always ask for advice when in doubt. No formal action can occur while in executive session, you’re just discussing, if the result of your discussion is you should take formal action, the proper procedure is once you’ve exited the executive session and gone back into your open meeting someone than moves the action that has been determined necessary to occur, second and then a vote. If this is violated and action is taken in executive session it does not count, it is void, you must vote in an open meeting. You can take more than one topic into executive session, but only those topics stated are to be discussed.

 

Executive Session Procedure: (see hand-out for detailed information)

            THE MOTION – must name purpose

            THE SECOND

            THE ROLL CALL VOTE – must be entered into the record

           

Restrictions: (see hand-out for detailed information)

            NO FORMAL ACTION

            NO COMMINGLED TOPICS

            DISCLOSING INFORMATION

 

CQI – Continuous Quality Improvement planning: AOD Committee

Service/Fiscal Allocation Recommendations presented by Debbie Kelley

·  Kenny moved to convene into the AOD Committee, seconded by Toni, motion carried.

It was noted that the Board is required to have a minimum of three AOD Committee’s throughout the year; one of the duties is to look at program and service recommendations.

 

            Dr. Halliday noted that we have gotten though the entire CQI process this year, and have maintained a trail, a “golden thread”, in decision making and deliberation process of the board from beginning to end exactly as laid out by our legal counsel.

 

Written information was included in the board packet for review (see hand-out for more detailed information):

  1. Proposed FY09 General Budget as approved by the Board at the March meeting, with added detail regarding actual (proposed) fiscal allocations
  2. Narrative rationale/summary for dollar amounts, tied to programming and service objectives
  3. Actual (proposed) total contract dollar amounts for provider agencies as related to implementation of No. 1 and No. 2.

 

The last page on the hand-out (pg. 15) are the actual allocations that the Board is being asked to approve which is also cross-referenced on the Consent Agenda as well. This is the mechanism used for approval of agency contract amounts. The proposed allocations are based on the budget assumptions presented last month. If cuts are passed on to the Board by the State, ODMH or ODADAS, adjustment to planned programs/service capacity in the form of contract reductions may be necessary.

 

Board and agency staff met on April 7, 2008, around the approved general budget allocations to discuss program objectives and negotiate actual costs. The minor adjustments reflect those discussions, and remain consistent with the program and service objectives presented and approved by the Board in March as part of the PPBE discussion around the General FY09 Budget.

 

Areas reviewed included:

1.     Restore youth/family funds – earmarked for expanded services to SED students at Barker and the addition of on-site services at Shawnee.

 

2.     Early childhood mental health expansion – respond to the needs of families with young children, ages 0-6.

 

3.     Stages of Change agency training – clinical strategies associated with client readiness for change, and for the development of a supervision/consultative model around motivational interviewing.

 

      Other objectives: establishment of system-wide protocols around assessment and access to AOD adult services, system to measure “readiness for change”, and realignment of services and dollars consistent with the Stages of Change model.

 

4.     Persons with severe mental illness or disorder – Housing Initiatives, presently looking at a group home in Genoa. Funding in this area is not being allocated at this point.

 

5.     Recovery-oriented system of care – maintenance/expansion of existing programming for Erie Shore Network, Center for Cultural Awareness and the Oak House.

 

6.     Recovery Supports – funds provided for NAMI, BRIDGES training, support around the Network of Care, consultant around system assessment and development of a recovery-oriented system of care.

 

7.     SEPALS – restore the program to approximately FY05 levels with provision of services to consumers in Erie County.

 

8.     Prevention Expansion – maintenance and growth for all currently provided services/programs, allow for expansion of Life Skills Training in Ottawa County, Incredible Years Parent Training Program, and expansion of mentoring program provided by CCA.

 

It was noted that Big Brothers, Big Sisters would need to become certified under ODMH or ODADAS for consideration of their funding request. Debbie Kelley has had communication with them on this matter.

 

Concluding remarks:

            Dr. Halliday noted that the executive limitations standards state that the Executive Director must keep the Board aware of any potential major problems in the future. Some of the more difficult clients/persons being served in the criminal justice system could be shifted onto our responsibility. If this happens it could represent a very significant financial strain upon our system. There are not any facilities at the State to handle these severe situations. This could impact our budget this year, including our housing funds. As plans progress the Board will be kept informed on the situation.

 

·       Robert moved to adjourn the AOD committee, seconded by Kenny, discussion – no additional, motion carried unanimously.

 

·       Barbara moved to convene back into the regular board session, seconded by Pam, discussion – no additional, motion carried unanimously.

 

Consent Agenda

Beth Williams presented a brief overview of the consent agenda.

Resolution No. 04-2008-01: Whereas the attached Consent Agenda has been reviewed for appropriateness and compliance with Board Policies; therefore Robert Warner resolved the Mental Health and Recovery Board of Erie and Ottawa Counties approve the business contained in the Consent Agenda, Leroy Sizemore seconded. Roll call vote as follows: Kenny; yes, Marlene; yes, Toni; yes, Barbara; yes, Bill; yes, Steve; yes, Pam; abstain, Steven; yes, Vee; yes, Leroy; yes, Robert; yes, Eric; yes, and Sue; yes, motion carried.

 

Board concerns:

Dr. Boas appreciates the comments made by the Board Chair in the beginning of tonight’s meeting and agrees that we are all here for the same purpose, and did not want any misunderstandings concerning the previous executive session content that was brought to the Board’s attention. It was meant to be in the best interest of this Board, and meant no disrespect to anyone. It was to try to get this Board functioning legally and effectively.

 

Mr. Baughman announced that Vermilion was fortunate enough to receive a one million dollar grant from Marcy Kaptur, and our congress, for the establishment of a railroad quiet zone.

·       Kenny moved to send a letter directed to the City Council of Vermilion in support of their quiet zone enhancing the mental health quality of all the residents of Vermilion and especially the safety factor being implemented. Seconded by Eric, motion carried unanimously.

 

Staff vacation hours were mentioned, and Beth Williams noted that staff vacations are being scheduled to be taken this spring and summer.

 

Steve Lippert noted that a letter was pulled together in support of the Job Store staying here locally and was sent to the director of Job and Family Services. Phone contacts to legislators and local contacts are also being conducted.

 

The Liberty Store was also mentioned as helping people find employment.

 

Old Business — None

 

new Business:

The Board Chair requested that we send a card to board member, John Fellhauer; he is experiencing some serious health issues.

 

It is the time of the year again to look at nominations for the Board Vice-Chair. Sue entertained a motion for someone to make a nomination for Board Vice-Chair; Robert moved to nominate Kenny Baughman for the Vice-Chair position, seconded by Eric, motion carried unanimously. Having only one nomination on the floor and hearing no other nominations, the Executive Director is directed to place on the June agenda the vote for Vice Chair.

 

The Ottawa County Public Forum has been scheduled for next month (May), at 6:00 p.m. at the Oak House, board meeting to follow.

 

Commentary — Lisa Byers, Oak House Director, graciously agreed to host the Public Forum at the Oak House. Thank you, Lisa!

 

Review Decisions Made and Action — Vee Reifsnyder

 

·         Approval of agenda, moved by Kenny Baughman, seconded by Pam McGlothlin, motion carried unanimously.

·         Approval of Secretary’s Report 03/18/08, moved by Toni DeLuca, seconded by Barbara Hemphill, motion carried unanimously.

·         Kenny Baughman moved to convene into the AOD Committee, seconded by Toni DeLuca, motion carried.

·         Robert Warner moved to adjourn the AOD committee, seconded by Kenny Baughman, no additional discussion, motion carried unanimously.

·         Barbara Hemphill moved to convene back into the regular board session, seconded by Pam McGlothlin, no additional discussion, motion carried unanimously.

·         Consent Agenda Resolution 04-2008-01 – revolved by Robert Warner, seconded by Leroy Sizemore, roll call vote; resolution carried.

·         Kenny Baughman moved to send a letter directed to the City Council of Vermilion in support of their quiet zone, and showing our support for their one million dollar grant, seconded by Eric Zgodzinski, motion carried unanimously.

·         Robert Warner moved to nominated Kenny Baughman for the position of Vice Chair, seconded by Eric Zgodzinski. Kenny accepted the nomination of Vice Chair, stated nomination will be added to the June board agenda.

 

Adjournment — Kenny Baughman moved the meeting adjourn.

 

 

Respectfully submitted,