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.
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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
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