August 18, County MHSA Community Services & Supports Plans: Public Hearings by County Mental Health Advisory Boards & Commissions Ed Diksa, ScD, CiMH

August 18, 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).

August 18, 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, 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.

August 18, 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

August 18, 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)

August 18, 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)

August 18, 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)

August 18, 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).

August 18, 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

August 18, III. Prepare for the Public Hearing: MHSA Requirements W&I (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.

August 18, Prepare for the Public Hearing: MHSA Requirements, cont. W&I 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).

August 18, Prepare for the Public Hearing: MHSA Requirements, cont. W&I 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.

August 18, 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

August 18, 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

August 18, 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

August 18, 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

August 18, Prepare for the Public Hearing: Setting the Agenda Who will be introduced? Who will present the overview of the plan for DMH?

August 18, Prepare for the Public Hearing: Sample Agenda 1.Call to Order -- Board/Commission Chair 2.Introductions 3.Review the Authority for the Public Hearing (Read from MHSA W&I Code) 4.Review Ground Rules

August 18, 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

August 18, 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

August 18, IV. Conduct the Hearing Remember: Follow the Agenda Be Patient Be Kind and Stick like glue!