Regional Advisory Councils - Establishing Policy and Direction for Disability Services; Membership; Bylaws; Meetings; Expenses

  1. Law
  2. Georgia Code
  3. Mental Health
  4. Administration of Mental Health, Developmental Disabilities, Addictive Diseases, and Other Disability Services
  5. General Provisions
  6. Regional Advisory Councils - Establishing Policy and Direction for Disability Services; Membership; Bylaws; Meetings; Expenses

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  1. Each regional advisory council shall engage in disability services planning within its region and may perform other functions as may be provided or authorized by law, such as:
    1. Informing the department of local needs and priorities;
    2. Organizing natural supports;
    3. Recommending community improvements;
    4. Providing input to the department regarding the local perspective of consumers, families, and community stakeholders; and
    5. Encouraging prevention programs.
  2. Membership on the regional advisory council within an established region shall be determined as follows:
    1. Each county with a population of 50,000 or less according to the United States decennial census of 1990 or any future such census shall appoint one member to the council;
    2. Each county with a population of more than 50,000 according to the United States decennial census of 1990 or any future such census shall appoint one member for each population increment of 50,000 or any portion thereof;
    3. The appointment or appointments for each county shall be made by the county governing authority; and
    4. The county governing authority shall appoint a consumer of disability services, a family member of a consumer, an advocate for disability services, or a local leader or business person with an interest in mental health, developmental disabilities, and addictive diseases; provided, however, that for counties with more than one appointment, the county governing authority shall seek to ensure that such appointments represent various groups and disability services.
      1. A member of the community service board which serves that region;
      2. An employee or board member of a private or public entity which contracts with the department, the Department of Human Services, or the Department of Public Health to provide health, mental health, developmental disabilities, or addictive diseases services within the region;
      3. An employee of such local office or employee or board member of any private or public group, organization, or service provider which contracts with or receives funds from such local office; or
      4. An employee or board member of the department, the Department of Human Services, or the Department of Public Health.

        A person shall not be eligible to be appointed to or serve on a regional advisory council if such person's spouse, parent, child, or sibling is a member of that regional advisory council or a member, employee, or board member specified in paragraph (1) of this subsection. No person who has served a full term or more on a regional advisory council or regional planning board may be appointed to a community service board until a period of at least two years has passed since the time such person served on the regional advisory council or the regional planning board. No person who has served on a regional planning board and who becomes a member of a regional advisory council after June 30, 2015, may be appointed to a community service board until a period of at least two years has passed since the time such person has served on the regional planning board or regional advisory council.

  3. In making appointments to the regional advisory council, the various county governing authorities shall consider the cultural and social characteristics, including gender, race, ethnic, and age characteristics, of the regional and county populations. The county governing authorities are further encouraged to ensure that each disability group is viably represented on the regional advisory council, and in so doing the county governing authority may consider suggestions for appointments from clinical professional associations as well as advocacy groups, including but not limited to the Georgia Mental Health Consumer Network, People First of Georgia, the Georgia Parent Support Network, National Alliance for the Mentally Ill Georgia, the American Association for Retired Persons, Georgians for Children, Mental Health America of Georgia, Georgia ARC Network, and the Georgia Council on Substance Abuse and their local chapters and affiliates.
  4. The initial term of a new member of a regional advisory council shall be determined by the commissioner in order to establish staggered terms on the council. At such time as the terms of the members of the council are equally staggered, the term of a member of the regional advisory council shall be for a period of three years and until the member's successor is appointed and qualified. A member may serve no more than two consecutive terms. The term of a regional advisory council member shall terminate upon resignation, death, or inability to serve due to medical infirmity or other incapacity or such other reasonable condition as the regional advisory council may impose under its bylaws. Vacancies on the regional advisory council shall be filled in the same manner as the original appointment.
  5. Prior to August 1, 2015, each regional advisory council shall adopt bylaws governing its operation and management. At a minimum, the bylaws shall provide for staggered terms of the council, requirements for an annual meeting to elect officers, a mechanism for ensuring that consumers of disability services and family members of consumers constitute a majority of the appointments to the council, and a mechanism for ensuring that each disability service is equitably represented by appointments to the council. Any council member who serves an initial term of less than three years may be eligible to be reappointed for two full consecutive three-year terms. The chairperson and vice chairperson of the regional advisory council shall be elected from among the members of the council to serve a term of one year with the option of reelection for an additional one-year term. The bylaws shall provide for any other officers and their means of selection, as well as any necessary committees or subcommittees of the council. Prior to their adoption by the regional advisory council, the bylaws shall be submitted to the department for review and approval. The regional advisory council must have the written approval of the commissioner prior to the adoption of bylaws.
  6. The regional advisory council shall meet not less than once every four months, beginning on July 1 and continuing through the next June 30, which time frame shall be the fiscal year for each regional advisory council.
  7. Each member of the regional advisory council may, upon approval of the department, receive reimbursement for actual expenses incurred in carrying out the duties of such office in conformance with rates and allowances set for state employees by the Office of Planning and Budget and the same mileage allowance for use of a personal car as that received by all other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier.
  8. Each regional advisory council which is composed of members who are appointed thereto by the governing authority of only one county shall have a minimum of six members, notwithstanding the provisions of subsection (b) of this Code section, which members shall in all other respects be appointed as provided in this Code section.

(b.1)A county governing authority may appoint the school superintendent, a member of the county board of health, a member of the local board of education, or any other elected or appointed official to serve on the regional advisory council, provided that such person meets the qualifications of paragraph (4) of subsection (b) of this Code section, such person does not serve on a community service board, and such appointment does not violate the provisions of Chapter 10 of Title 45.

(b.2) (1)A person shall not be eligible to be appointed to or serve on a regional advisory council if such person is:

(Code 1933, §§ 88-605, 88-606, enacted by Ga. L. 1976, p. 953, § 1; Ga. L. 1986, p. 1213, § 1; Ga. L. 1993, p. 1445, § 16; Ga. L. 1994, p. 437, § 2; Ga. L. 2000, p. 440, § 2; Ga. L. 2002, p. 1324, § 1-7; Ga. L. 2009, p. 453, § 3-1/HB 228; Ga. L. 2011, p. 705, § 6-3/HB 214; Ga. L. 2015, p. 1361, § 3/HB 512.)

The 2011 amendment, effective July 1, 2011, substituted "Department of Public Health" for "Department of Community Health" in subparagraphs (b.2)(1)(B) and (b.2)(1)(D).

The 2015 amendment, effective July 1, 2015, substituted "regional advisory council" for "regional planning board" and substituted "council" for "board" throughout; substituted the present provisions of subsection (a) for the former provisions, which read: "Each regional planning board shall engage in disability services planning including job supports and housing within its region and shall perform such other functions as may be provided or authorized by law."; deleted "or" at the end of subparagraph (b.2)(1)(A); in subparagraph (b.2)(1)(C), substituted "local office" for "regional office" in two places; in paragraph (b.2)(2), substituted "regional advisory council" for "regional board" in the second sentence, in the third sentence, inserted "planning" preceding "board" near the beginning, substituted "after June 30, 2015" for "on June 30, 2002" in the middle, and added "or regional advisory council" at the end; substituted "shall consider" for "shall ensure that appointments are reflective of" in the first sentence of subsection (c); deleted former paragraph (d)(1), which read: "In addition, members of the regional mental health, mental retardation, and substance abuse boards in office on June 30, 2002, shall become members of the regional planning board for the area in which they reside on July 1, 2002, and shall serve out the balance of their terms."; redesignated former paragraph (d)(2) as present subsection (d); substituted "2015" for "2002" in the first sentence of subsection (e); substituted "four months" for "two months" in subsection (f); and substituted "the department" for "the regional coordinator" in subsection (g).

Editor's notes.

- Ga. L. 1993, p. 1445, § 18.1, not codified by the General Assembly, provides: "Nothing in this Act shall be construed to repeal any provision of Chapter 5 of Title 37 of the Official Code of Georgia Annotated, the 'Community Services Act for the Mentally Retarded.' "

Ga. L. 1993, p. 1445, § 19, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 1994; provided, however, that provisions relating to the establishment of regional and community service board boundaries and the appointments of regional boards and community service boards shall become effective on July 1, 1993, or upon whatever date is stipulated in the Act and provided, further, that the provisions authorizing a county board of health to agree to serve as the lead county board of health for only that county shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval." The Act was approved by the Governor on April 27, 1993.

Ga. L. 1993, p. 1445, which amends this Code section, provides, in § 19.1, not codified by the General Assembly, that the amendment is repealed on June 30, 1999; however, Ga. L. 1998, p. 870, § 1, struck § 19.1 of Ga. L. 1993, p. 1445, which would have repealed the 1993 amendment to this Code section.

Law reviews.

- For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011).

JUDICIAL DECISIONS

Property interest of participants in supportive living program.

- Rules and regulations of state and local supportive living program give participants in the program a property interest subject to due process including an evidentiary hearing prior to termination from the program. Fields v. Pittman, 571 F. Supp. 32 (N.D. Ga. 1983).


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