§ 122C-118.1. Structure of area board. - North Carolina Statutes

§ 122C‑118.1.  Structureof area board.

(a)        An area board shallhave no fewer than 11 and no more than 25 members. However, the area board fora multicounty area authority consisting of eight or more counties may have upto 30 members. In a single‑county area authority, the members shall beappointed by the board of county commissioners. Except as otherwise provided,in areas consisting of more than one county, each board of county commissionerswithin the area shall appoint one commissioner as a member of the area board.These members shall appoint the other members. The boards of countycommissioners within the multicounty area shall have the option to appoint themembers of the area board in a manner other than as required under this sectionby adopting a resolution to that effect. The boards of county commissioners ina multicounty area authority shall indicate in the business plan each board'smethod of appointment of the area board members in accordance with G.S. 122C‑115.2(b).These appointments shall take into account sufficient citizen participation,representation of the disability groups, and equitable representation ofparticipating counties. Individuals appointed to the board shall include twoindividuals with financial expertise, an individual with expertise inmanagement or business, and an individual representing the interests ofchildren. A member of the board may be removed with or without cause by theinitial appointing authority. Vacancies on the board shall be filled by theinitial appointing authority before the end of the term of the vacated seat orwithin 90 days of the vacancy, whichever occurs first, and the appointmentsshall be for the remainder of the unexpired term.

(b)        Except as otherwiseprovided in this subsection, not more than fifty percent (50%) of the membersof the area board shall represent the following:

(1)        A physician licensedunder Chapter 90 of the General Statutes to practice medicine in North Carolinawho, when possible, is certified as having completed a residency in psychiatry.

(2)        A clinicalprofessional from the fields of mental health, developmental disabilities, orsubstance abuse.

(3)        At least one familymember or individual from a citizens' organization composed primarily ofconsumers or their family members, representing the interests of individuals:

a.         With mental illness;

b.         In recovery fromaddiction; or

c.         With developmentaldisabilities.

(4)        At least one openlydeclared consumer:

a.         With mental illness;

b.         With developmentaldisabilities; or

c.         In recovery fromaddiction.

An individual that contractswith a local management entity (LME) for the delivery of mental health,developmental disabilities, and substance abuse services may not serve on theboard of the LME for the period during which the contract for services is ineffect.

(c)        The board of countycommissioners may elect to appoint a member of the area authority board to fillconcurrently no more than two categories of membership if the member has thequalifications or attributes of the two categories of membership.

(d)        Any member of anarea board who is a county commissioner serves on the board in an ex officiocapacity. The terms of county commissioners on an area board are concurrentwith their terms as county commissioners. The terms of the other members on thearea board shall be for three years, except that upon the initial formation ofan area board one‑third shall be appointed for one year, one‑thirdfor two years, and all remaining members for three years. Members shall not beappointed for more than two consecutive terms. Board members serving as of July1, 2006, may remain on the board for one additional term.

(e)        Upon request, theboard shall provide information pertaining to the membership of the board thatis a public record under Chapter 132 of the General Statutes. (2001‑437, s. 1.11(b);2002‑159, s. 40(a); 2006‑142, s. 4(e); 2007‑504, s. 1.4.)