August 18, 2005 1

County MHSA Community Services & Supports Plans:

Public Hearings by County Mental Health Advisory Boards &

Commissions

Ed Diksa, ScD, CiMH

August 18, 2005 2

Disclaimer

You will need to check with your county counsel to determine if your county has a set format or common practice to which all county-run public hearings adhere. Specific requirements of individual counties take precedence over anything presented in this web cast (except where identified specifically by the MHSA or the Brown Act).

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Conducting a Public Hearing on County MHSA Plan

This web cast training is designed to assist members of County Mental Health Boards/ Commissions (MHAB/Cs) prepare to conduct the public hearing on the County MHSA Draft Plan. We include a sample agenda and suggestions about how best to prepare for the meeting, but each MCAB/C needs to work with their Mental Health Director to prepare for the hearing and assure that it meets the needs of their community.

August 18, 2005 4

Conducting a Public Hearing on County MHSA Plan

The hearing is an opportunity for the community to give public comment on the draft plan. The MHAB/C’s role is to receive the input, ask clarifying questions and assure that all people have an opportunity to be heard. Generally, this is not the place for discussion of the merits of different suggestions. Board members/commissioners will have an opportunity at a later meeting to provide their input to the County DMH.

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Training Topics

I. Overview of the Process

II. Know Your County’s Draft MHSA/CSS Plan

III. Prepare for the Public Hearing

IV. IV. Conduct the Hearing

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I. Overview of the Process

• County DMH releases draft plan• There is a 30-day public comment period• MHAB/C & County DMH set date for Public

Hearing, 31 calendar days after release of County’s draft MHSA-CSS plan (the day of release doesn’t count)

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Overview of the Process, cont.

• MHAB/C conducts Public Hearing to receive comments and input to the plan (a quorum is not required for the hearing as no action will be taken)

• Public Comment period is closed. • County DMH responds to all “substantive written

comments”. It would be well to respond to verbal comments at the Public Hearing. (DMH may or may not make revisions to the draft plan)

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Overview of the Process, cont.

• DMH submits 2nd draft (“adopted”) plan to the MHAB/C at regular (or special-called) meeting

• MHAB/C makes recommendations to DMH (or the DMH & the Board of Supervisors (BOS) on the 2nd draft of the MHSA-CSS plan (“adopted plan”) .

• County DMH responds to MHAB/C recommendations (DMH may or may not incorporate them into the plan)

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Overview of the Process, cont.

• County DMH submits plan to the BOS (not required by the MHSA, but this is a budget issue of the nature that normally goes to BOS).

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II. Know Your County’s Draft Plan

After the County releases the draft MHSA - CSS Plan, the MHB/C and Mental Health Director and MHSA Planning Staff should meet in a work session of the MHB/C to review the plan so that Board Members/Commissioners are familiar with the

1) plan 2) the county’s planning process and involvement of

stakeholders 3) how priorities were set and decisions made

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III. Prepare for the Public Hearing:MHSA Requirements

W&I 5848. (a) A draft plan and update shall be prepared and circulated for review and

comment for at least 30 days to representatives of stakeholder interests and

any interested party who has requested a copy of such plans.

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Prepare for the Public Hearing:MHSA Requirements, cont.

W&I 5848. b) The mental health board established pursuant to Section 5604 shall

conduct a public hearing on the draft plan and annual updates at the close of the 30–day

comment period required by subsection (a).

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Prepare for the Public Hearing:MHSA Requirements, cont.

W&I 5848. b), cont. Each adopted plan and update shall include any substantive written recommendations for revisions. The adopted

plan or update shall summarize and analyze the recommended revisions. The mental health

board shall review the adopted plan or update and make recommendations to the county

mental health department for revisions.

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Prepare for the Public Hearing:Brown Act Requirements

• Must comply with Brown Act– Requires 72 hour notice, but the MHSA

requires that meeting be at least 30 days after release of County’s Draft MHSA plan.

– Post in a place accessible 24 hours/day– Notice in papers– Post Agenda

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MHAB/C/County DMH send out notice of & agenda for Public Hearing -- date, location, with information on how to obtain a copy of the draft plan, e.g., URL, public library, call and request a copy, etc.

Copies of draft plan should be provided to all stakeholder groups with notice of Public Hearing.

Prepare for the Public Hearing:Noticing the Hearing

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MHAB/C & County DMH (& County Counsel if necessary) meet to plan the format and content for the public hearing:

• Set date, time and location• Determine accommodations -- language and

accessibility issues• Method of recording the meeting (tape

recorder, video taping, etc.)• Availability of cards for people to write down

their input

Prepare for the Public Hearing:Logistics

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• Determine the ground rules:– Will audience fill out cards to be called on for their

presentation or will you rely on people raising hands when you open up for discussion?

– Time allotment for speakers (e.g., 5 minutes)– Number of times a person may speak– How to deal with disruptive members of the

audience– What to do if meeting goes beyond the scheduled

time

Prepare for the Public Hearing:Logistics

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Prepare for the Public Hearing:Setting the Agenda

• Who will be introduced?

• Who will present the overview of the plan for DMH?

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Prepare for the Public Hearing:Sample Agenda

1. Call to Order -- Board/Commission Chair2. Introductions3. Review the Authority for the Public Hearing

(Read from MHSA W&I Code)4. Review Ground Rules

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Prepare for the Hearing:Sample Agenda, cont.

5. Review Purpose of the Meeting a. Public Hearing to Receive Input/Public

Comments b. Review Agenda c. Review Next Steps

6. Overview of the CSS Draft Plan -- DMH Director/MHSA Planning Staff

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Prepare for the Hearing:Sample Agenda, cont.

7. Public Comments (this is the bulk of your meeting)

8. Final Statements/Closing remarks– Thank everyone for caring enough to attend– Review next steps again.

9. Adjourn

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IV. Conduct the Hearing

Remember:

Follow the AgendaBe Patient

Be Kindand

Stick like glue!