HomeMy WebLinkAboutord2017-018strikeWHATCOM COUNTY COUNCIL AGENDA BILL NO.
2017 -124
CLEARANCES
Initial
Date
Date Received in Council Office
A enda Date
Assigned to:
Originator:
PM
3/22/17
r EC E WE � n E D
MAR 2 8 2017
WHATCOM COUNTY
COUNCIL
4/4/17
Introduction
Division Head:
AD
3/22/17
4/18/17
Public Hearing
Dept. Head:
�U
'21 Z 2i / %
Prosecutor:
J �_ 7
PurchasinglBudget:
Executive: 05
3 L ( -f
TITLE OF DO f
Ordinance repealing a d replacing WCC Chapter 2.44, and amending WCC Chapter 3.37 to integrate the Behavioral Health
Advisory Board and the Chemical Dependency/Mental Health Program Fund Oversight Advisory Committee into a single
Behavioral Health Advisory Committee.
ATTACHMENTS.
Exhibits A, B
SEPA review required? ( ) Yes ( ) NO
Should Clerk schedule a hearing? ( ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
Repealing and replacing WCC Chapter 2.44 and amending WCC Chapter 3.37 for the purpose of creating a single
Behavioral Health Advisory Committee.
COMMITTEE ACTION.•
COUNCIL ACTION.•
4/4/2017: Introduced 6 -0, Weimer absent
4/18/2017: Adopted 7 -0, Ord. 2017 -018
Related County Contract #.
Related File Numbers:
Ordinance or Resolution Number:
Ord. 2017 -018
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on
the County's website at. www.co.whatcom.wa.us /council.
PROPOSED BY: Health Department
INTRODUCTION DATE: April 04, 2017
ORDINANCE NO. 2017-0 1 R
REPEALING AND REPLACING WCC CHAPTER 2.44, AND AMENDING WCC CHAPTER
3.37 TO INTEGRATE THE BEHAVIORAL HEALTH ADVISORY BOARD AND CHEMICAL
DEPENDENCY /MENTAL HEALTH PROGRAM FUND OVERSIGHT ADVISORY
COMMITTEE INTO A SINGLE BEHAVIORAL HEALTH ADVISORY COMMITTEE
WHEREAS, the County has multiple local funds in which monies are collected and
dedicated to support residents who are challenged with mental illness and /or substance use
disorders, collectively known as behavioral health disorders; and
WHEREAS, the County's Behavioral Health Advisory Board has provided guidance on
general priorities for the use of County behavioral health funds; and
WHEREAS, the County's chemical dependency /mental health program fund advisory
committee, also known as the Behavioral Health Revenue Advisory Committee, has provided
guidance only on the use of local sales tax monies dedicated to behavioral health services;
and
WHEREAS, there is an overlap of functions of the Behavioral Health Advisory Board
and the Behavioral Health Revenue Advisory Committee; and
WHEREAS, both the Behavioral Health Advisory Board and the Behavioral Health
Revenue Advisory Committee agree it would be prudent to merge into a single entity that
provides advice and guidance on behavioral health programs and services; and
WHEREAS, the County has established initial priority goals for the use of the local
behavioral health sales tax monies; and
WHEREAS, the Whatcom County Public Health Board has recognized that very early
childhood development impacts behavioral health issues later in life; and
WHEREAS, the Whatcom County Public Health Board has embraced a policy goal of
improving the health of families with young children.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the
Behavioral Health Advisory Board and the Behavioral Health Revenue Advisory Committee
are hereby dissolved; and
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BE IT FURTHER ORDAINED that the Behavioral Health Advisory Committee is
hereby created in Whatcom County Code Chapter 2.44; and
BE IT FURTHER ORDAINED that Whatcom County Code chapter 2.44 is hereby
repealed and replaced as specified in Exhibit A in this ordinance; and
BE IT FURTHER ORDAINED that Whatcom County Code chapter 3.37 is hereby
amended as outlined in Exhibit B to this ordinance; and
BE IT FURTHER ORDAINED that the policy goals referenced in ordinance 2008 -027
are hereby incorporated in Whatcom County Code chapter 3.37; and
BE IT FURTHER ORDAINED that an additional policy goal is hereby added to
Whatcom County Code 3.37 to include a focus on families with young children.
�.`. . •`` C�P j y�fs day of
CO
TT;`. ti OF
Dana BWwn- au u
is, Clerk ofthe Concil
f','// 111"i iii 110 00\
APPROVED AS TO _GRM: -'`
Civil De utor
April , 2017.
Page 2
WHATCOM COUNTY COUNCIL
W . ATCOM �U.NTY, WASHINGTON
Bar chanan, Council Chair
�IMM1 000PiC08111Rli •'/I►■�i'l_��:ii►[ejCSl�
Jack Louwj, County
(Approved`) Denied
Date Signed: 17q °- -7
Whatcom County Code
Chapter 2.44 BEHAVIORAL HEALTH PROGRAM*
EXHIBIT A
Chapter 2.44
BEHAVIORAL HEALTH PROGRAM*
Sections:
2.44.010
Department responsibilities.
2.44.020
Contracts.
2.44.030
Behavioral health advisory committee is created.
2.44.040
Severability.
2.44.050
References to state law.
Page 1/2
*Prior legislative history: Ord. 2012 -042 repealed Ch. 2.44. Ords. 87 -79, 88 -9, 96 -032 and 96 -061 were formerly codified in the
chapter.
2.44.010 Department responsibilities.
A. Administration of Funding. The health department shall administer the behavioral health program under the
authority of the county executive. The department shall administer funds for behavioral health programs, including
substance abuse and mental health services. This administration will include state and federal funds, local sales and
use tax (Chapter 82.14 RCW), local property tax (Chapter 71.20 RCW), and local two percent liquor profits and
excise taxes (Chapter 71.24 RCW).
B. Compliance with Federal and State Regulations. The health department shall adhere to all federal and state laws
for the administration and coordination of behavioral health services and funding (Chapters 71.24, 82.14, and 71.20
RCWs).
C. Behavioral Health Services. The health department shall plan and prioritize programs and services for people
with behavioral health disorders. The health department shall ensure, to the extent allowed by state and federal laws,
a system of integrated and coordinated behavioral health care.
D. Cooperation and Coordination with Other Entities. The health department may enter into contracts with and/or
receive moneys from public and private entities to carry out behavioral health services. The department will work
with state, regional, and local entities which provide services or funding to assure a reasonable system of care for
people with behavioral health disorders.
2.44.020 Contracts.
All previous contracts, agreements, rights, claims and obligations shall continue in full force.
2.44.030 Behavioral health advisory committee is created.
A. The Whatcom county behavioral health advisory committee is created to serve in an advisory capacity to the
county executive via the health department on matters of general priorities for behavioral health programs, including
substance abuse and mental health services.
B. To ensure advice, implementation and evaluation, the county council authorizes the county executive to appoint
ten (10) members of an eleven (11) member advisory committee consisting of one representative from each of the
following areas: PeaceHealth Hospital, the judicial branch of Whatcom County government, the Whatcom County
sheriff or designee, the Chief of Corrections or designee, and the Whatcom County Public Health Director or
designee. The remaining five executive appointed positions shall include two people that are advocates of mental
health recovery, two people that are advocates of substance use disorder recovery, and one behavioral health
professional. The behavioral health advisory committee shall also include a County Council member appointed by
the County Council. The priorities and framework of the advisory committee include the following:
Whatcom County Code Page 2/2
Chapter 2.44 BEHAVIORAL HEALTH PROGRAM*
1) Provide advice regarding the planning and development of a continuum of care to effectively provide prevention,
intervention, treatment and aftercare services at a capacity that will benefit residents who are impacted by mental
illness, emotional disturbances, and substance use disorders.
2) Ensure the local sales and use tax (Chapter 82.14 RCW), property tax (Chapter 71.20 RCW), and two percent
liquor profits and excise taxes (Chapter 71.24 RCW) are directed to the intended purpose as outlined by state statute
and county code.
3) Ensure an ongoing evaluation process is established and implemented to assure quality of behavioral health
programs and services provided to residents.
4) Ensure that a report is provided to County Council no less than once annually that highlights programs funded by
sales tax monies.
The term of office for the advocacy and behavioral health professional positions appointed by the executive shall be
three years. In order to stagger the terms of office on the initial board:
1. Two members shall be appointed to serve for three years.
2. Two members shall be appointed to serve for two years.
3. One member shall be appointed to serve for one year.
The term of office for the member appointed by the county council shall be for one year. The council member's term
extends from the time of the council's reorganization meeting in January to the next such meeting in the following
year.
C. At their initial meeting or as soon as possible, the advisory committee shall elect officers and adopt a charter. The
committee shall adopt rules and regulations of procedure as needed for the conduct of their business.
D. The behavioral health advisory committee may advise the health department about nominees to act as
representatives on other county, regional, and state advisory boards and committees.
2.44.040 Severability.
If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this
chapter or the application of the provisions to other persons or circumstances is not affected.
2.44.050 References to state law.
Any and all reference to state statutes are in effect as referenced above or as hereinafter amended by state authority.
Whatcom County Code Page 1/2
Chapter 3.37 SALES AND USE TAX FOR CHEMICAL
DEPENDENCY OR MENTAL HEALTH TREATMENT
SERVICES AND THERAPEUTIC COURT PROGRAMS
EXHIBIT B
Chapter 3.37
SALES AND USE TAX FOR EHAVIORAL
HEALTH -T4U5AXM N1_ SERVICES AND THERAPEUTIC COURT PROGRAMS
Sections:
3.37.010 Sales and use tax imposed.
3.37.020 Tax rate and applicability.
3.37.030 Administration and collection.
3.37.040 n entalBehavioral health program fund.
3.37.050 Use of funds.
3.37.060 Administration of fund.
3.37.070 Cheniioal dependeneyhneataLBehayioral health pFogFam €and eve W advisory committee.
3.37.080 Effective date.
3.37.090 Severability.
3.37.010 Sales and use tax imposed.
Pursuant to RCW 82.14.460, there is hereby imposed a sales and use tax, as the case may be, upon any taxable
event, as defined in Chapters 82.08 and 82.12 RCW, occurring within Whatcom County. The tax shall be imposed
upon and collected from those persons who are taxable by the state under Chapters 82.08 and 82.12 RCW. This tax
shall be in addition to any other sales and use tax imposed by the state of Washington and/or Whatcom County.
(Ord. 2008 -027 Exh. A).
3.37.020 Tax rate and applicability.
The rate of tax shall equal one -tenth of one percent of the selling price in the case of a sales tax, or value of the
article used in the case of a use tax. (Ord. 2008 -027 Exh. A).
3.37.030 Administration and collection.
The tax imposed by this chapter shall be administered and collected in accordance with RCW 82.14.050. The county
executive or designee is hereby authorized to and directed to execute any contracts with the Washington State
Department of Revenue that may be necessary to provide for the administration or collection of the tax. (Or&
2008 -027 Exh. A).
3.37.040 EsWblishme f ehemieal depen "eyAne4aalBehavioral health program fund.
"rhefe is beFeby emoted dhe ;haffijea p m mind. The Whatcom County treasurer shall
deposit moneys collected pursuant to this chapter in thisthe behavioral health Program fund. The treasurer may
invest the fund balance and any interest earned shall be deposited into this fund. (Ord. 2008 -027 Exh. A).
3.37.050 Use of funds.
Moneys deposited into the chemical dep ,dene,.1m @ntalbehavioral health program fund shall be used solely for the
purpose of providing new or expanded o behavioral health treattnont-services and for
the operation of- a new or expanded therapeutic court component for dependenc y _proccod and as
otherwise authorized by the laws of the state of Washington as referenced in RCW 82.14.460. Meneys eel eeted
Ettitlfl as- aiathef-}z `a by the laws of the ,tale
of ashingtenas reneel -ra-Q CA;' 4''.' -, 40. -(Ord. 2009 -072 Exh. A; Ord. 2008 -027 Exh. A).
Whatcom County Code
Chapter 3.37 SALES AND USE TAX FOR CHEMICAL
DEPENDENCY OR MENTAL HEALTH TREATMENT
SERVICES AND THERAPEUTIC COURT PROGRAMS
Page 2/2
3.37.060 Administration of fund.
The county executive shall administer the e- hetuic-a"et e c -y rnw .- talbehavioral health program fund with-the
assistance of the elteini,.al del -vndeneyhrientsl healtl -Pmg and the Whatcom
County health department, in accordance with budgetary processes and Whatcom County administrative policies
and state statutes. (Ord. 2008 -027 Exh. A).
3.37.070 C-be m'"I- de"nden"i ent&tBebavieral health pr advisory committee.
Terre er5ilt itrpla&�i; avaivat:,,., .s,o �., :I��he t$t3F �sxuterpo�
are -fn nz ' • er4ight �i te�is�xig� rep f °, o each .,k +y6 following-a��fIea4dl-
esigfiee. the Ghila1'ef
FFe tion o"esignee, d e oat,.,...,.,,, r ....�, blic l el dire�eJtt r lesigne and the -b dam_
s...,, Fe._,•, g F. ,,.- p siti-ww -are a �ude !--- -- - 1-e —op- z-�Maf�-- r�l�a•��tx�-h+��s 1, .,,7..,,._acy, and twe people
4at-fa 3F$seEi e - r'ecc.yei :a- dwe4�vuey'"- r,.•- ee-r-d na-t-4 nwith the evepsight comet e�F tiVtt,,•ex- designee shall
s�tbmifi quarteFly -�58 repe S° BEkJ a i%F# S FOPOrt for these uppefted-vAih-the-sakstax-
Fevenue to the -c.., my council. (Ord 2013 nix c:t, 0-. Ord- -2 38 4)-2.-�-E*h:•. -Ay
The behavioral health advisory committee serves in an advisory capacity to the coun_ly_executive via Whatcom
county health de ent on uses of the behavioral health program fund. The committee will ensure that the
following policy goals are considered for profit a s and services supported by the behavioral health prngrana
1. A reduction of the number of people with behavioral health problems using costly interventions
such as fail, emergency rooms, and hospitals;
2. A reduction of the number of people who regularly return to the jail and other costly services
repeatedly as a result of their behavioral health issues,
3. A reduction of the incidence and severity of substance use disorders, mental and emotional
disorders in youth and adults,
4. Diversion of youth and adults with substance use disorder and or mental illness from initial or
further justice system involvement, and
5. Earle intervention and behavioral health promotion focus on young children and families.
3.37.080 Effective date.
In accordance with the Whatcom County budget cycle, this chapter shall take effect January 1, 2009. (Ord. 2008 -027
Exh. A).
3.37.090 Severability.
If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this
chapter or the application of the provisions to other persons or circumstances is not affected. (Ord. 2008 -027 Exh.
A).