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HomeMy WebLinkAboutOrd2010-008 Sponsored by: Oates Introduction: November 22, 2010 Public Hearing: December 13, 2010 Enactment: December 13, 2010 CITY OF SEWARD, ALASKA ORDINANCE 2010 -008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ESTABLISHING THE SEWARD COMMUNITY HEALTH CENTER BOARD OF DIRECTORS WHEREAS, the City Council approved Resolution 2010 -109 on November 8, 2010 directing the City Manager to submit an application for Federal Funding to establish a Federal Qualified Community Health Center; and WHEREAS, the federal statutes and regulations regarding Federal Qualified Community Health Centers requires that where a City partners with a nonprofit community health center, the initial board of directors should be appointed by the City; and WHEREAS, the City Council published a notice to the public on November 2, 2010, seeking applicants from the community to be appointed by the City Council to the board of directors for a nonprofit community health center; and WHEREAS, Seward City Code Chapter 2.35 Indemnification, shall not apply to this Board of Directors; and WHEREAS, the City Council has received applications from various persons within the community wishing to serve on the board of directors of the nonprofit community health center; and WHEREAS, the City Council finds that it is in the best interests of the City of Seward to appoint persons to the board of directors of the nonprofit community health center. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that: Section 1. Chapter 2.40 ESTABLISHMENT OF SEWARD COMMUNITY HEALTH CENTER BOARD of Title 2 of the code of the City of Seward, Alaska is hereby added to read as follows: 2.40.010 Purpose. It is the purpose of this chapter to authorize and appoint the initial board of directors for an independent non - profit entity to operate a community health center in Seward. The city intends to work cooperatively with such entity to improve access to primary health care in the community, pursuant to Section 330 of the Public Health Service Act (42 U.S.C. § 254b). lam CITY OF SEWARD, ALASKA ORDINANCE 2010 -008 2.40.020 SCHC Board. A. There is established the Seward Community Health Center ( "SCHC ") Board of Directors ( "Board "). The initial members of the Board shall be appointed by city council. Chapter 2.35 Indemnification of the Seward city code does not apply to this Board. The Board shall have the power to develop and vote on the annual budget of SCHC, the policies and procedures of SCHC, and the hiring of an Executive Director. B. The Board shall consist of nine to twenty -five persons having an interest in the health and behavioral health care needs in the City of Seward and surrounding area. A majority of the Board shall be served by the SCHC and shall, as a group, be representative of the area served by SCHC in terms of demographic terms such as age, gender, race, and ethnicity. No more than 50% of the board members who are not consumers of SCHC services may earn more than 10% of their annual income from the health care industry. No board member may be an employee of SCHC or the spouse, child, parent, brother or sister of a SCHC employee. Board members or their families may not have business relationships or conflicts of interest with SCHC. The Board shall not have access to confidential patient records. C. Each board member shall be appointed for a term of three (3) years or the unexpired portion of his or her predecessor's term. Board officers, including the Chairperson, Vice Chairperson and Secretary shall be elected for a term of one (1) year or the unexpired portion of his or her predecessor's term. D. Board members serve at the pleasure of the Board and may be removed from the office for the best interests of SCHC as the Board deems sufficient, including when a member: 1. Moves outside of the area served by SCHC; 2. Is absent from three (3) consecutive meetings or from three (3) meetings within a six (6) month period without an excuse that is acceptable to the Board; or 3. Is convicted of a felony offense, or an offense involving a violation of the duties of the office. 2.40.030 Powers and Duties of the Board. A. The Board shall create SCHC consistent with the requirements of community health centers under Section 330 of the Public Health Service Act (42 U.S.C. § 254b), and shall appoint an Executive Director for SCHC, who shall serve at the pleasure of the Board. The Executive Director shall be an ex- officio nonvoting member of the Board. B. The Board shall be authorized to: 1. Select the services to be provided 2. Determine the hours during which services will be provided 3. Hire an Executive Director of the SCHC. CITY OF SEWARD, ALASKA ORDINANCE 2010 -008 Iwo 4. Prepare and adopt an annual budget, subject to city council approval, except that if the Board's failure to approve the annual budget is unreasonable, the City may still submit the annual funding request under Section 330 of the Federal Public Health Service Act. The SCHC board shall, no later than October 1 of each year, submit to the city council a proposed budget for the following fiscal year. No budget shall become effective without council approval. 5. Establish general policies for the SCHC except where the human resource management and fiscal policies of the City may apply. 6. Employ or be responsible for the employment of SCHC employees, and supervise and coordinate the personnel policies and practices applicable to such employees. 7. Perform other duties as the City Council may request. C. Board meetings shall be subject to the following: 1. The Board shall elect annually from its members a chairperson to conduct the affairs and meetings of the Board and a Vice Chairperson to act in the absence of the Chairperson. The Executive Director shall choose an SCHC staff person or other person to provide administrative support to the Board. 2. The Board shall generally meet monthly but no less than 12 times per year. All meetings may be attended via teleconference. 3. Special meetings may be called at any time by the Executive Director, the Board Chairperson, or by a signed petition of a majority of the Board members. A Board meeting will be held with two (2) weeks of such a request. 4. Board members may vote at regular or special meetings when a quorum is present. A quorum is present when a majority of the Board (at least 51%) is in attendance at the meeting. Each member shall be entitled to one (1) vote. No proxy votes will be accepted. Action will be taken upon affirmative vote of the majority of the Board, at a meeting where a quorum is present. 5. The elected secretary, or a member appointed when the secretary is absent, will keep minutes of regular meetings. Program staff shall prepare, distribute, and file minutes of each Board meeting. Minutes of the previous Board meeting will be reviewed and approved at the beginning of each Board meeting. Board minutes shall be made available to SCHC staff and members of the public upon request. 6. All SCHC Board meetings shall be open to the public. 7. The Board may hold an executive session that is closed to the public for specific actions requiring the protection of information, such as discussions about pending litigation, protected health information, personnel evaluations or proprietary business information. 2.40.040. City Powers and Duties. A. The city shall have access to SCHC records necessary to assure that the SCHC operations comply with applicable Federal, State and local laws and regulations. The Board shall ""' cause SCHC to file for independent non profit 501(3)(c) status with the Internal Revenue Service. CITY OF SEWARD, ALASKA ORDINANCE 2010 -008 amid B. The city council shall have the right to approve the selection of an executive director of SCHC. C. The city council shall have the right to approve financial management policies for the SCHC, assure accountability for SCHC resources, approve the annual SCHC project budget, and provide long range financial planning for SCHC. Section 2. This ordinance shall take effect ten days following its enactment. ENACTED by the City Council of the City of Seward, Alaska, this 13 day of December, 2010. THE CITY SEWARD, ALASKA Z WAI Willard E. Dunham, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: 4 Jea Lewis, CPMMIC Cit Clerk �, �o���'"••. •• e Ste 17 ••• (City Seal) m l9 Yb j _..�L. a,. c' 6 " • • @ o-- • .4 e 1•� COUNCIL AGENDA STATEMENT 4 P Meeting Date: December 13, 2010 • From: Phillip Oates, City Manager /1. - t) Subject: Adoption of an Ordinance Relating to the Seward Community Health Center and Appointing the Initial Directors BACKGROUND & JUSTIFICATION By approving Resolution 2010 -109, the City Council directed the City Manager to submit an application for federal funding to establish a Federally Qualified Community Health Center in Seward. Providence contributed the services of JimmyNg to assist in preparing organizational documents for an independent nonprofit entity expected to operate the City's health center. The organizational documents and the City's proposed ordinance establishing the initial board were prepared in light of guidance provided by Resolution 2010 -109, City Charter requirements, Alaska Statutes governing nonprofit corporations (AS 10.20), Section 501(c)(3) of the federal tax code, and Section 330 of the Public Health Services Act (42 U.S.C. §254b). An initial application for a Federally Qualified Community Health Center was submitted by the November 15, 2010 deadline. An ordinance establishing the initial board of directors must be adopted by the City Council, and then the City can work with the newly created nonprofit entity to complete the application process. CONSISTENCY CHECKLIST Yes No N/A 1. Comprehensive Plan X Economic Development... 2. Strategic Plan X Economic Base... FISCAL NOTE: We expect there will be start up costs associated with the new CHC. The magnitude of those costs is unknown and many of those costs may be reimbursable. In the meantime, we anticipate utilizing the $500,000 in funding we have currently reserved fr fund b lance for start-up. Approved by Finance Department: (.G(' i;/7//0 INTENT: The intent of this ordinance is to allow for the establishment of the Board of Directors for the Seward Community Health Center and identify prospective board members for future consideration by the Board of Directors of the Seward Community Health Center. CONSISTENCY CHECKLIST Where applicable, this ordinance is consistent with guidance and directives in the Seward City Code, City Charter, Comprehensive Plans, Land Use Plans, Strategic Plan, and the City Council Rules of Procedures. ATTORNEY REVIEW Yes RECOMMENDATION Council approve Ordinance 2010 - CO% establishing the Seward Community Health Center Board of Directors.