CHECK IN CODE 1008 Roles and Responsibilities of

Transcript:CHECK IN CODE 1008 Roles and Responsibilities of:
CHECK IN CODE 1008 Roles and Responsibilities of Trustees Pamela L. Beach General Counsel Authorized local agencies to assume administration of MHMR services Created Texas Department of MHMR Established partnerships between local agencies, the State, and the Federal Government Vague in terms of legal definition and authority of local entity Texas Mental Health and Mental Retardation Act of 1965 Authorizes county, municipality, hospital district, school district [or organizational combination] to establish and operate a Community Center Community Center plan requires state approval There are now 39 community centers across the state serving all 254 Texas counties Texas Health & Safety Code §534.001 What is a community center? An agency of the state, a governmental unit, and a unit of local government as defined and specified by Chapter 101 and 102 of the Texas Civil Practice & Remedies Code Texas Tort Claims Act A local government as defined by Section 791.003, Government Code Interlocal Cooperation Act A local government for the purposes of Chapter 2259, Government Code Allows for self insurance by governmental entities A political subdivision for the purposes of Chapter 172, Local Government Code Allows for group benefits programs Texas Health & Safety Code §534.001(c) Why does it matter to a board member? It forces the community center to conduct its business much differently than if it were a private entity It makes the board member a public official subject to various criminal penalties for misbehavior in office What is different about being Governmental? The legislature has adopted the following standards of conduct for state officer: No gifts; No other employment or professional activity where you would have to disclose confidential information of the center; No other employment or compensation that would impair the officer’s or employee’s independence of judgment in the performance of the officer’s or employee’s official duties; No investments that would create a conflict; or No bribes. Should Not’s Section 36.02 – Bribery Accepting, agreeing to accept, or soliciting any benefit as consideration for a decision, opinion, recommendation, vote, or other exercise of official discretion Second degree felony, punishable by two to twenty years of imprisonment and a fine of up to $10,000. Sections 36.07 and 36.08 – Certain gifts are prohibited You may not solicit, agree to accept, or accept an honorarium in consideration for services you would not have been asked to provide but for your official position. Most public servants are subject to