AG 2001 03 26 - Laserfiche WebLink

Home Browse Search

Key Points HB 381 Dismantles current Area Authority structure for delivery of mental health services. Reassigns responsibility for mental health service delivery from Area Authorities to counties. Permits multi-county programs through interlocal agreements under G.S. Chapter 160A, Article 20, but: 1. Does away with current "local political subdivision of the State of North Carolina" status of multi-county Area Authorities under G.S. 122C-116. 2. Multi-county programs created under a Chapter 160A interlocal agreement are a department of the administering county "for the purposes of personnel administration of employees appointed by the local program director and Chapter 159 of the General Statutes and such other purposes as may be agreed to by participating counties" Draft 122C-89A(b). A single administering county must retain budgetary and accounting control of the local multi-county program and the authority to hire and fire the program director. G.S. 122C-88(e). These powers may not be delegated by the administering county to the multi-county program. 4. A local multi-county program organized under a G.S. 160A interlocal agreement may not own real property. G.S. 160A-462(a). 5. A number of issues, set forth in G.S. 160A-464, would have to be agreed upon bythe participating counties in the 160A interlocal agreement, including: (1) The purpose or purposes of the contract or agreement; (2) The duration of the agreement; (3) If a joint agency is established, its composition, organization, and. nature, together with the powers conferred on it; (4)The manner of appointing the personnel necessary to the execution of the undertaking; (5)The method of financing the undertaking, including the apportionment of costs and revenues; (6)The formula for ownership of real property involved in the undertaking, and procedures for the disposition of such property when the contract or agreement expires or is terminated; (7)Methods for amending the contract or agreement; (8)Methods for terminating the contract or agreement; (9)Any or necessary of proper matter.