Section 2. Administration of Mental Health, Developmental Disabilities, Addictive Diseases, and Other Disability Services, 37-2-1 through 37-2-50.
ARTICLE 1
GENERAL PROVISIONS
37-2-6.4. Reconstituting or converting of organizational structure; formation of new community service board.
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Notwithstanding any other provisions of this chapter, a community service board may reconstitute or convert its organizational structure in the following ways:
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With the approval of the governing board of the community service board and the approval of the county governing authorities of the counties served by the community service board, the community service board may convert to a private nonprofit corporation. So long as the reconstituted organization continues to serve a public purpose as defined by the department, the Department of Human Services, or the Department of Public Health, as appropriate, such organization shall be authorized to retain the use of assets, equipment, and resources purchased with state and federal funds by the former community service board. In the event the new private nonprofit fails to serve such public purpose, those assets, equipment, and resources purchased by the former community service board with state and federal funds shall be returned to the department, the Department of Human Services, or the Department of Public Health, as appropriate, or to an agency designated by such department. For a period of three years following the community service board's conversion to a private nonprofit corporation, the private nonprofit corporation shall ensure that consumers of disability services or health services, as appropriate, and family members of such consumers constitute a majority of the appointed board members and that the various disability groups and health services groups are equitably represented on the board of the nonprofit corporation;
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With the approval of the governing board of the community service board and the approval of all of the county governing authorities of the counties served by the community service board, the community service board may convert to a unit of county government. All assets, equipment, and resources of the community service board shall be transferred to the new unit of county government; or
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With the approval of the governing board of the community service board and the approval of all of the county governing authorities of the counties served by the community service board, the community service board may become a component part of a hospital authority in those counties served by the community service board. So long as the hospital authority continues to serve a public purpose as defined by the department, the Department of Human Services, or the Department of Public Health, as appropriate, the hospital authority shall be authorized to retain possession of those assets, equipment, and resources purchased by the community service board with state and federal funds. In the event the hospital authority fails to serve such public purpose, those assets, equipment, and resources purchased by the community service board with state and federal funds shall be returned to the department, the Department of Human Services, or the Department of Public Health, as appropriate, or to an agency designated by such appropriate department or departments.
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In the event that all county governing authorities of a community service area designated pursuant to subsection (b) of Code Section 37-2-3 concur that a community service board reconstituted pursuant to subsection (a) of this Code section has failed to provide disability services or health services as required, those county governing authorities may request that the department coordinate the formation of a new community service board pursuant to Code Section 37-2-6. Upon notification of the request, the department shall assist the county governing authorities in making appointments to the new community service board and establishing bylaws pursuant to Code Section 37-2-6. The department shall make a determination about the disposition of all assets, equipment, and resources purchased with state or federal funding in the possession of the predecessor agency. To the extent that the community service board was providing disability services or health services through the Department of Human Services or the Department of Public Health, such department or departments shall provide to the Department of Behavioral Health and Developmental Disabilities all documents, data, information, and consultation necessary or helpful to the formation of the new community service board and the determination and disposition of assets, equipment, and resources of the community service board.
(Code 1981, §37-2-6.4, enacted by Ga. L. 2002, p. 1324, § 2-6; Ga. L. 2009, p. 453, § 3-1/HB 228; Ga. L. 2011, p. 705, § 6-3/HB 214.)
The 2011 amendment,
effective July 1, 2011, substituted "Department of Public Health" for "Department of Community Health" throughout this Code section.
Law reviews.
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For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011).
JUDICIAL DECISIONS
Joinder of Community Service Boards.
- Because O.C.G.A.
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37-2-11.1 stated community service boards (CSB) were not agencies of the state or any specific county and that the boards had the same immunity as counties and counties were not arms of the state and did not have Eleventh Amendment immunity, the defendant, a CSB former employer, was not entitled to Eleventh Amendment immunity on a plaintiff former employee's discrimination claim; it was noted that counties had significant control over the policy and decisions made by CSB in that counties appoint board members under O.C.G.A.
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37-2-6(b) and the counties served could allow CSB to privatize or join the county government under O.C.G.A.
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37-2-6.4(a), which was especially cogent, because it meant CSB, without state approval, could take itself outside of the state's control, and under O.C.G.A.
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37-2-6.5(a),
CSB had to get county approval to dissolve. Peery v. Serenity Behavioral Health Sys.,
F. Supp. 2d
(S.D. Ga. May 4, 2009).
Cited in
Johnson v. Ogeechee Behavioral Health Servs., 479 F. Supp. 2d 1357 (S.D. Ga. 2007).
