My colleague Kirsten Leloudis and I are pleased to announce the publication of Consolidated Human Services Boards in North Carolina, a new book now available from the School of Government. Since the enactment of Session Law 2012-126 thirteen years ago, some counties across North Carolina have explored—and in some cases, adopted—different models for delivering social services, public health, and other human services. One of the models authorized by state law is the creation of a consolidated human services agency under the leadership of a human services director. This new book is intended as a resource for both appointed consolidated human services boards (appointed per G.S. 153A-77(c)) and any elected board of county commissioners that serves as the governing board for a consolidated human services agency (per G.S. 153A-77(a)). Read on to learn more about consolidated human services agencies and their governing boards.
What is a Consolidated Human Services Agency (CHSA)?
State law authorizes each board of county commissioners to create a CHSA to “carry out the functions of any combination of commissions, boards, or agencies appointed by the board of county commissioners or acting under and pursuant to the authority of the board of county commissioners,” under the leadership of a human services director who is appointed and supervised by the county manager. G.S. 153A-77(b). Counties can choose which two or more county “human services” functions to include in a CHSA (to date, most CHSAs in North Carolina include both social services and public health). The term human services is undefined in the law, which gives counties some flexibility as to which functions to include in the new agency. A CHSA may incorporate a local health department and/or county department of social services (DSS), but other departments and agencies may also be involved (such as county departments focused on veterans, aging populations, or transportation).
There are, however, some limitations. See G.S. 153A-76. A CHSA may not include (1) a local management entity (LME) involved with mental health, developmental disabilities, and substance abuse services; (2) a public health authority assigned the power, duties, and responsibilities to provide public health services as outlined in G.S. 130A-1.1; (3) a public hospital authority authorized to provide public health services under S.L. 1997-502; or (4) a public hospital as defined in G.S. 159-39(a).
Who Serves as the CHSA’s Governing Board?
A CHSA may be governed by an appointed consolidated human services (CHS) board (appointed per G.S. 153A-77(c)), or alternatively, by a board of county commissioners that has assumed the powers and duties of the CHS board (per G.S. 153A-77(a)).
Appointed CHS Board
Appointed CHS boards may have up to 25 members. When a CHSA is first formed, the initial CHS board is appointed by the board of county commissioners upon the recommendation of a nominating committee comprised of members of the pre-consolidation board of health, social services board, and area mental health, developmental disabilities, and substance abuse services board. After the CHS board is established, future vacancies are all filled by the board of county commissioners from nominees presented by the CHS board.
A number of different professions must be represented on an appointed CHS board. A CHS board must include four people who are consumers of human services, a psychologist, a pharmacist, an engineer, a dentist, an optometrist, a veterinarian, a social worker, a registered nurse; two physicians licensed to practice medicine in North Carolina (one of whom must be a psychiatrist); a county commissioner; and “other persons, including members of the general public representing various occupations.” G.S. 153A-77(c). The board of commissioners may appoint a member of the CHS board to concurrently fill more than one category of membership if the member has the qualifications or attributes of more than one category.
Board of Commissioners as CHS Board
Alternatively, instead of appointing a CHS board, the board of county commissioners may choose to assume the powers and duties of the CHS board itself. See G.S. 153A-77(a). If the board of commissioners assumes the powers and duties of the governing board and the CHSA includes the county health department, the board of commissioners must appoint an advisory committee for public health. The advisory committee membership must, at a minimum, meet the requirements for a county board of health found in G.S. 130A-35. The advisory committee in this commissioner governance model is not the same as a CHS board appointed under G.S. 153A-77(c). The differences between an appointed CHS board and an advisory committee for health and human services are described in my previous blog post on the topic.
Powers and Duties of the CHSA’s Board
Under either governance model described above (appointed or elected board), the governing board of the CHSA assumes the statutory powers and duties of the governing boards for the departments that have been consolidated into the CHSA. See G.S. 153A-77(d). For example, if a county’s CHSA includes the county’s health department and DSS, then the governing board for the CHSA assumes the powers and duties of the county board of health and the county board of social services. The key exception is that the CHSA’s board (whether appointed or elected) does not have sole authority to appoint or dismiss the director of the CHSA, as described below.
What are Some Key Differences Between Consolidation and Non-Consolidated Models?
- Appointment and Supervision of the Director. One significant difference between a consolidated human services agency and a standalone (nonconsolidated) department of social services or local health department is that the consolidated human services (CHS) director is appointed by the county manager, not by the governing board. However, the CHSA’s governing board must provide advice on the appointment and consent to the appointment. See G.S. 153A-77(e). The CHS director also reports directly to the county manager, unlike a DSS director or local health director in the non-consolidated models who report solely to their respective boards.
- Staff Hiring Authority. Another important difference is that the CHS director may only hire CHSA staff with the approval of the county manager, whereas a county director of social services has sole authority to make all hiring decisions for a county DSS and a county health director has sole authority to make all hiring decisions for a county health department. See G.S. 153A-77(e)(1) (CHS director); G.S. 108A-14(a)(2) (DSS director); G.S. 130A-41(b)(12) (local health director).
- Personnel Laws and Policies. The other substantial difference between a CHSA and a non-consolidated departments of social services or public health is that CHSA employees are no longer covered by the State Human Resources Act (SHRA) and instead become subject solely to county personnel policies when the CHSA is created, unless the board of county commissioners affirmatively elects to keep them under the SHRA. See G.S. 153A-77(d). If the county opts to not have CHSA employees covered by the SHRA, it is required to ensure that its personnel policies for CHSA employees “comply with all applicable federal laws, rules, and regulations requiring the establishment of merit personnel systems.” G.S. 153A-77(d). For more information on these requirements and this issue, please see my bulletin, “Personnel Decisions for Consolidated Human Services Agencies.”
Want to Learn More?
Our new book, Consolidated Human Services Boards in North Carolina, discusses the laws governing the work of CHS boards, the appointment of CHS board members, the powers and duties of CHS boards, and the appointment of the human services director, along with covering topics such as conflicts of interest, public records, open meetings requirements, and liability. Consolidated Human Services Boards in North Carolina is part of a series from the School of Government that includes books for local social services boards and local boards of health. It is intended for both appointed CHS boards and boards of commissioners that serve as the governing board for a CHSA. County managers and human services directors in counties with a CHSA may also find the book to be a helpful resource.
Want to know what agency type and board structure are in place in your county or in other counties across the state? Explore interactive maps of the state on the School of Government’s North Carolina Human Services Hub (use the dropdown menu in Map 1 to select different map views, including “Agency Structure” to see which North Carolina counties currently have CHSAs).
