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Home My WebLink Aboutord1987-0791 2 3 4 5 6 7 81 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 TREATORD.1 SUBSTITUTE ORDINANCE 3 INTRODUCED BY: Consent PROPOSED BY: County Executive DATE: November 5, 1987 ORDINANCE NO. 87 -79 AN ORDINANCE IN THE MATTER OF ESTABLISHING A DEPARTMENT OF COMBINED TREATMENT SERYICES AND REPEALING WHATCOM COUNTY CODE 2.18 AND 2.46 WHEREAS, concern has been expressed over the separation of alcohol and drug abuse treatment services, and consolidation of those functions would improve delivery of services to clients, and, WHEREAS, it has been determined that combining the Department of Alcohol Services and the Mental Health /Drug Abuse Department into one department of combined treatment services would result in more effective and efficient administration and treatment for the citizens of Whatcom County, NOW, THEREFORE, BE IT ORDAINED: Section 1. Establishment There is established the Department of Combined Treatment Ser- vices, hereinafter referred to as the "Department ", an executive department of the County. The Department shall commence operation on January 1, 1988, provided that the County Executive may take any preliminary or transitional steps necessary for the formation of the department and the implementation of this chapter. Section 2. Appointment of Director The County Executive shall appoint the chief executive officer, hereinafter referred to as the "Director ", of the Department, subject to a confirmation by a majority of the County Council. The Director shall be the county alcoholism coordinator and the county drug abuse coordinator in accordance with the provisions of R.C.W. Chapter 70.96 and 69.54 respectively, and shall also be designated as the county mental health coordinator in the carrying out of R.C.W. 71.05, 71.24, and 71.34. The Director will be appointed to an indefinite term and will serve at the will of the County Executive. Section 3. Staff It shall be the responsibility of the Director to hire the department staff in accordance with the personnel policies and procedures of the County and any other applicable laws and regulations. Section 4. Alcoholism /Drug Abuse Administrative Board A. The Whatcom County Alcoholism /Substance 9r" Abuse Administra- tive Board (hereinafter referred to as "Substance Abuse Board ") is created and shall serve in an advisory capacity to the Department of Combined Treatment Services on all issues related to substance abuse and in accordance with R.C.W. Chapters 70.96 and 69.54. ORDINANCE - 1 B. The Substance Abuse Board shall consist of serrert4:;4 nine (9) members who are residents of Whatcom County. Members of the 1 Substance Abuse Board shall be appointed by the County Executive, subject to confirmation by a majority of the County Council. The 2 term of office shall be for three (3) years, except that Erna -f24 three (3) members appointed to the initial board shall serve for 3 two 2 years and Erre4a4 three (3) 'shall serve for one (1) year. The Substance Abuse Board shall be composed of members who shall 4 be representative of the community and include representation as 5 described in R.C.W. Chapters 70.96.160 and 69.54.120. C. At their initial meeting, or as soon thereafter as practical, 6 the Board shall elect officers, adopt bylaws and such rules and regulations of procedure as are necessary for the conduct of their 7 business. 8 section 5. Mental Health Advisory Board 9 A. The Whatcom County Mental Health Advisory Board, hereinafter referred to as the "Mental Health kdviaer -y Board ", is created and 10 shall serve in an advisory capacity to the Department of Combined Treatment Services on all issues related to the county mental 11 health program and in accordance with the R.C.W. Chapter 71.24, 1.05, and 71.34. 12 B. The Mental Health A4elviraer -y Board shall consist of severs -4 -7} 13 nine (9) members who are residents of Whatcom County. Members of the Mental Health &elviaery Board shall be appointed by the County 14 Executive, subject to confirmation by a majority of the County Council. The term of office shall be for three (3) years, except 15 that Errs --(-24 three (3) members appointed to the initial board hall serve for two (2). years and Errs -4.24 three (3) shall serve 16 for one (1) year. The Mental Health A4ei43so y oB and shall be broadly representative of the demographic character of the County 17 nd the mentally ill persons served therein. 18 C. At their initial meeting, or as soon thereafter as practical, the Board shall elect officers, adopt bylaws and such rules and 19 regulations of procedure as are necessary for the conduct of their business. 20 Section 6. Treatment Services 21 The Department, with the advice of the boards, shall prepare, 22 solicit and evaluate proposals from licensed service providers to provide substance abuse and mental health services within the 23 County. Following the evaluation of such proposals, the Department shall file a recommendation with the County Executive 24 for action in accordance with state and county regulations. 25 Section 7. Other services 26 A. The Department shall provide alcohol assessment services to 27 the following persons: 1.. Those who have been arrested for driving while under the 28 influence of intoxicating liquor or drugs (R.C.W. 46.61.502); 2. Those who have been arrested for having actual physical 29 control of a motor vehicle while under the influence of intoxicating liquor or drugs (R.C.W. 46.61.504); 30 3. Those who petition for a deferred prosecution of the 31 foregoing offenses (R.C.W. Chapter 10.05) 32 IrRDINANCE - 2 1 2 3 4I 5 6 i 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 4. Those who are otherwise required to receive such services by order of a court or by law; or, 5. Such other persons as are authorized by resolution or ordinance of the County Council B. The Department shall assess such persons' involvement with alcohol and other drugs and prepare a written assessment and recommendation concerning the need for education and /or treatment. The reports shall be provided to the court of jurisdiction and the the State Department of Licensing. The Department shall also provide such persons with appropriate referral information. C. The Department shall provide such other services as may be authorized by ordinance or resolution of the County Council. Section 8. Establishment of a Fund A. Effective January 1, 1988, the county fund heretofor known as the "Whatcom County Mental Health Fund" shall be known as the "Whatcom County Combined Treatment Services Fund," and all monies, assets and liabilities of the Whatcom County Alcohol Services Program Fund shall be transferred to the Whatcom County Combined Treatment Services Fund. B. Not less than two percent of Whatcom County's share of liquor profits and taxes, as required by R.C.W. Chapter 70.96 shall be placed in said fund for support of the alcoholism component of the Department's services. ISection 9. Cooperation with Other Entities Subject to the administrative and legislative control of the County Executive and the County Council, the Department may cooperate and enter into contracts with, and receive money from, public and private entities to carry out services set forth in this ordinance. Section 10. Methadone Treatment In accordance with the drug abuse treatment component of local mental health services, there shall be no methadone treatment programs within Whatcom County. Section 11. Open Meetings Act The Substance Abuse Board and the Mental Health A4viserq Board meetings shall be subject to the Open Meetings Act, R.C.W. Chapter 42.30 et seq. Section 12. Contracts All contracts, agreements, rights, claims and obligations, either in favor of or against the Whatcom County Department of Alcohol Services, or the Whatcom County Department of Mental Health /Drug Abuse at the time this ordinance takes effect, shall continue in full force and effect, and responsibility therefor shall be transferred to the Whatcom County Department of Combined Treatment Services. IORDINANCE - 3 Section 13. Severabilit 1 If any part of this ordinance is illegal, the validity of the remaining provisions shall not be affected and the rights and 2 obligations of the parties shall be construed as if the ordinance I did not contain the particular illegal part. If it should appear 3 that any provisions of said ordinance are in conflict with any statutory provisions of the State of Washington, such provision of 4 the ordinance shall be deemed inoperative and null and void i insofar as it may be in conflict therewith and shall be modified 5 to conform to such statutory provision. 6 Section 14. Repealer i 7 Effective January 1, 1988, Whatcom County Code, Chapter 2.18, Department of Alcohol Services and Chapter 2.46, Mental Health 8 Services are hereby repealed. 9 APPROVED this 24th day of November , 1987. 10 11 ATTEST: 12 13 AROL EBERGSON 14 LERK OF THE COUNCIL 15 PPROVED AS TO FORM: 16 17 RANDALL J 18 ivil Depu Attorney 19 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON -; %Ae' W, '6' 7 A a � �- — - THO S BURTON CHAIRMAN ( ✓) APPROVED ( ) VEOTED T SHIRLEY VAIN ZAN Prosecuting County Executive 20 Published on 11/11/87 & 12/2/87 November 30, 1987 Date Signed by Executive 21 brdinance becomes effective December 10, 1987 22 23 24 25 26 27 28 29 30 31 32 — 4