alcoholism, narcotic addition, and drug abuse which are provided by a local government or by a voluntary agency pursuant to a contract with a local governmental unit.

4. "unified services" means local services and services provided by department facilities for residents of the local government pursuant to a unified services plan.

5. "[community] local facility" means a facility offering [community] local services and includes a community mental health and retardation facility as defined in section three of the health and mental hygiene facilities improvement act and, for the purposes of this article, a mental hygiene facility, as defined in said section, to be made available for use in providing [community] local services under license or permit from the health and mental hygiene facilities improvement corporation to a voluntary agency at the request of the commissioner of mental hygiene.

[5.] 6. "local governmental unit" means the unit of local government [responsible for community] given authority in accordance with this chapter by local government to provide local or unified services.

[6.] 7. "board" means a community mental health, mental retardation, and alcoholism services board.

[7.] 8. "director" means the director of community services, who is the chief executive officer of a local governmental unit, by whatever title known.

[8.] 9. "capital costs" means the costs of a local government, a voluntary agency, or the health and mental hygiene facilities improvement corporation with respect to the acquisition of real property, design, construction, reconstruction, rehabilitation and improvement, original furnishings and equipment, site development, and appurtenances of a [community] local facility. Capital costs do not include operating costs; payments of principal, interest, or other charges on obligations; or costs for which state aid or reimbursement is claimed or paid under provisions of law other than this chapter.

[9.] 10. "operating costs" means the costs of operation and maintenance of the community mental health, mental retardation, and alcoholism services board and of [community] local facilities incurred, in accordance with this article and the regulations of the commissioner, by a local government or by a voluntary agency pursuant to a contract with a local governmental unit. Operating costs shall not include: (i) debt service, whether principal or interest, on obligations, (ii) rentals paid to the health and mental hygiene facilities improvement corporation, (iii) salaries of or per diem compensation to board members, (iv) costs for which state. aid or reimbursement is claimed under provisions of law other than this article.

[10.] 11. "net operating costs" means operating costs from which have been deducted the following:

(a) revenues for operating costs received from other state agen cies or another local government pursuant to an agreement to pur chase local services.

(b) other income realized in the operation of a specified program. (c) federal aid received for operating costs.

(d) fees received from patients or on their behalf from private and public health insurance and medical aid programs.

12. "voluntary agency" means a corporation organized or existing pursuant to the not-for-profit corporation law for the purpose of providing [community] local services.

13. "local services plan" means the plan of local services which is submitted by a local governmental unit and approved by the commissioner pursuant to section 11.17 of this article.

14. "unified services plan" means the plan of unified services which is submitted by a local governmental unit and approved by the commissioner pursuant to section 11.19 of this article.

§ 11.05 Local governmental unit.

(a) To be eligible for state aid pursuant to this chapter, a local government shall establish a local governmental unit, which shall be an identifiable entity within the local government.

(b) Each local governmental unit shall have a community mental health, mental retardation, and alcoholism services board.

(c) Each local governmental unit shall have a director who shall be its chief executive officer. Charter governments may vest policymaking functions in the director or they may vest all or some of such functions in the board. In all other cases, the policy-making functions shall vest in the board.

(d) Applications to the state for aid pursuant to this chapter shall be made by the respective local governmental units, except that an application for capital costs may be made by a voluntary agency in accordance with the provisions of this article.

§ 11.07 Provision of services by the local governmental unit.

(a) Local governmental units may provide [community] local or unified services and facilities directly or may contract for the provision of those services by other units of local or state government, by voluntary agencies, or by professionally qualified individuals.

(b) Subject to the approval of the commissioner, local governments may arrange for the provision of services eligible for state aid outside their territorial jurisdictions or the state.

(c) Local governments may provide joint [community] local or unified services and facilities through agreements, made pursuant to law, which may provide either that one local government provide and supervise these services for other local governments or that a joint board or a joint local department be established to administer these services for the populations of all contracting local governments.

§ 11.09 Director.

(a) Charter governments may provide for appointment and removal of directors in a manner authorized by such governments. In all other local governments, the board shall appoint and remove the director. Salaries and allowable expenses shall be set by the appointing authority.

(b) Each director shall be a psychiatrist or other professional person who meets standards set by the commissioner for the position. If the director is not a psychiatrist] physician, he shall not have the power to conduct examinations authorized to be conducted by an examining physician or by a director of community services pursuant to [the criminal procedure law or to] this chapter but he shall designate [a qualified psychiatrist] an examining physician who shall be empowered to conduct such examinations on behalf of such director. A director need not reside in the area to be served. The director shall be a full-time employee except in cases where the commissioner has expressly waived the requirement. § 11.11 Composition of boards.

(a) A community mental health, mental retardation, and alcoholism services board shall have nine members appointed by the local government, except that, in charter governments, such board may have additional members not to exceed a total of fifteen. Whenever practicable at least one member shall be a licensed physician and one member shall be a certified psychologist and otherwise at least two members shall be licensed physicians, such members to have demonstrated an interest in the field of [community] services for the mentally disabled. The other members shall represent the community interest in all the problems of the mentally disabled and shall include representatives from community agencies for the mentally ill, the mentally retarded, and alcoholics.

(b) A person's public office or employment shall not bar appointment as a member of a board, nor shall board membership serve as a bar to other public office or employment; provided, however, that no employee of the department or of a department facility may hereafter be appointed as a member of a board.

(c) On initially constituted boards, one-third of the members shall be appointed for a two-year term, one-third for a threeyear term, and the remainder for a four-year term. Thereafter, each member shall be appointed for a four-year term. All terms shall begin to run from the first day of the year of the appointment. Vacancies shall be filled for unexpired terms. No person may serve as a member for more than two terms consecutively.

(d) Local governments shall reimburse board members for the reasonable expenses incurred in the performance of their duties and may also offer them a per diem compensation, but only their reasonable expenses are reimbursable as an operating cost pursuant to this article.

(e) Local governments may remove a board member for cause, after written notice of charges and an opportunity for the member to be heard.

§ 11.13 Powers and duties of local governmental units.

(a) Every local governmental unit shall:

1. review [community] services and local facilities for the mentally disabled of the area which it serves and their relationship to local need; determine [community] needs of the mentally disabled of such area; and encourage programs of prevention, diagnosis, care, treatment, social and vocational rehabilitation, special education and training, consultation, and public education on mental disabilities.

2. develop the [community] program of [community] local services for the area which it serves, establish long range goals of the local government in its programs for the mentally disabled, and develop intermediate range plans and forecasts, listing priorities and estimated costs.

3. plan with the department and department facilities for the delivery of services to the mentally disabled.

4. seek to assure that under the goals and plans required pursuant to this subdivision, all population groups are adequately covered, sufficient services are available for all the mentally disabled within its purview, that there is coordination and cooperation among local providers of services, that the local program is also integrated and coordinated with the [services and facilities] programs of the department, and that there is continuity of care among all providers of services.

[4.] 5. submit annually to the department for its approval and subsequent state aid, a report of long range goals and specific intermediate range plans as modified since the preceding report, along with a [comprehensive proposal for expenditures for services] local services plan or unified services plan for the next local fiscal year [which shall include sums to be expended by the local governmental unit and by voluntary agencies pursuant to contract with such local governmental unit].

[5.] 6. have the power, with the approval of local government, to enter into contracts for the provision of services and the construction of facilities including contracts executed pursuant to subdivision (e) of section 11.19 of this article and have the power, when necessary, to approve construction projects.

[6.] 7. establish procedures for execution of the [program of community services] local services plan or the unified services plan as approved by the local government and the commissioner, including regulations to guide the provision of services by all organizations and individuals within its program.

[7.] 8. make policy for and exercise general supervisory authority over or administer [community] local services and facilities. provided or supervised by it whether directly or through agree

ments, including responsibility for the proper performance of the services provided by other [governmental] facilities[,] of local government and by voluntary and private facilities, and individual facilities] which have been incorporated into its comprehensive program, and exercise general supervisory authority over the care and treatment of patients in services or facilities provided or supervised by it or incorporated in its comprehensive program]. [8.] 9. further programs for special education and training, including career incentive and manpower and development.

[9.] 10. have the power to conduct or contract for such research as may be useful for the discharge of its administrative duties and for the promotion of scientific knowledge of the mental disabilities.

[10.] 11. serve as a center for the promotion of community and public understanding of mental disabilities and of the services necessary for their care and treatment.

[11.] 12. seek the cooperation and cooperate with other public health and social services agencies, public and private, in advancing the program of [community] local or unified services.

[12.] 13. have the powers necessary and proper for the effective performance of its functions and duties.

(b) The powers of the local governmental unit listed in subdivision (a) of this section shall be exercised pursuant to regulations of the commissioner.

(c) The director shall submit an annual report on programs and services to the board and other reports as requested.

(d) The local governmental unit shall have full powers necessary for administration and the execution of its duties to appoint and employ, with power of removal, full and part time officers, employees, and consultants, including employees of the department, in accordance with the standards, policies, and salary schedules provided by law or otherwise authorized.

(e) In the event that a local governmental unit shall refuse to enter into a contract with a voluntary agency applying for a contract for the rendition of services under this article, such agency shall have the right of appeal to the commissioner. If, after review, the commissioner upholds the appeal, the department may enter into a contract directly with the appealing agency for such services as this article permits.

§ 11.14 Optional plans for the provision of services.

1. There shall be two alternatives to state-local participation in the provision of services for the mentally disabled of the community. A local governmental unit may submit a local services plan or, in the alternative, it may submit a unified services plan. No initial unified services plan may be submitted unless the local governmental unit has given notice in writing to the commissioner of its intent to submit such a plan at least six months prior to the