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HomeMy WebLinkAbout1993-01-25 93-120 ORDERCOUNCIL ACTION Item No. Oats Sanuaxv 25, 1993 Item/SubjeZr,Aufhorising Participation of City of Bangor in a Lawsuit Against 8;ate of Palms Initiated by the City of Portland Responsible bepa: tment Legal The City ofortland has requested that other Maine cities, including the City of Bangor, join them in a lawsuit against the State of Maine on the issue of inadequate community based treatment for mentally ill or handicapped individuals released from state institutions The City Attorney's office has prepared and forwarded tc you a separate memorandum regarding the legal issues in the caseThe City of Portland has also requested that we consider Inancial support for this effort. r "'/' Oeparwent LH au The Municipal Operations Committee has voted to recommend we join this suit. It has left the question of financial support to the full Council. No funds are available within the budget for this purpose. Portland originally requested 25q per capita but has indicated that as little as 30Q would be helpful.. This would be in the range of $9,250 to $3,300. The attached Order would allow for funds to be transferred from the General Fund contingency for this Purpose. Y City Manager Associated Information: Order Finance Director City 6olicitor Introduced for Passage First Reading Referral Page 1 of 3 93-iao Aw,pned to Councaorplancheoca, Soucy and Sullivan January 25, 1993 qq. CITY OF BANGOR QITLBW ) rlberr .......... Authorizing the participation of the City of Bangor in a Lawsuit Against the State of Maine initiated by the City of Portland _ By City Compal of th aro of Bangor. ORDERED, THAT WHEREAS, the State of Maine has a legal and moral obligation to properly care for mentally ill citizens of Maine; and WHEREAS, the State has failed to fulfill its legal and moral obligation to care for the mentally ill by refusing to admit individuals who need help to State institutions and by discharging individuals with active, severe mental illness from State institutions without providing the community-based care programs that such individuals need to survive; and WHEREAS, mentally ill citizens of this State, as a result of the State's policies and practices, face life-threatening deprivations on a daily basis as they are forced to live on the streets and in emergency shelters; and WHEREAS, the State's policies and practices in regard to treatment of mentally ill individuals have made it difficult or impossible to obtain appropriate referrals or treatment of Bangor area residents in need of emergency psychiatric care; and WHEREAS, the State's policies and practices in regard to discharge of mentally ill individuals from the Bangor Mental Health Institute and other State institutions has forced many individuals ' discharged from such institutions to seek shelter at the Greater Bangor Area Shelter and at City -operated shelters, straining the capacity of those facilities; and WHEREAS, the citizens of Bangor face a persistent threat to their health, welfare and safety due to the State's abandonment of mentally ill individuals; and WHEREAS, the State's failure has unfairly shifted coats associated with caring for mentally ill citizens onto Bangor resident taxpayers; and WHEREAS, Sohn R. McKernan, Jr., as Governor of the State of Maine and Robert W. Glover, as Commissioner of Maine Department of Mental Health and Mental Retardation are required to execute laws that are designed and intended to protect both mentally ill individuals and the counties and municipalities of the State; and WHEREAS, the City of Portland, The Maine Coalition for The Homeless, The Alliance for the Mentally Ill of Maine, and The Greater Bangor Area Shelter have filed suit against Governor Mc&ernan and the Departments of Mental Health and Mental Retardation and Human Services seeking to reverse the State's policies and practices regarding treatment and discharge of the mentally ill, - NOW, THEREFORE, By the City Council of the City of Bangor be it ORDERED, THAT the City of Bangor hereby directs the City Solicitor to file a motion or take other necessary sary action to join the City of Bangor as a plaintiff in the actionbrought by the City of Portland against the Governor and the Maine Departments of Mental Health and Mental Retardation and Human Services. and be it further ORDERED, THAT the City of Bangor participate in the coats of this action. The City Manager is authorised to transfer $ from the General fund Contingency account to account number 10-07-03.01 for this purpose. IN CITY COUNCIL January 25, 1993 Passed as AmeMed. Amended in the last paragraph on the line provided by adding the figure $3,22552. TYTY ChErK 93-120 ORDER Title, 'Apornpim thp. Ppst}cipat}nn. Pf. tbe. Pity of Bangor in a Lawsuit against the State of Maine, initiated by the City of Portland .....� ............................... a (j��auntilsan r