NC Officials Blocked By Federal Judge From Cutting Mental Health Funding

Federal Judge Halts Mental Health Cuts


A Federal District Court Judge today stopped a government mental health management agency from enacting cuts that would lead to two disabled people losing their apartments.

The Beacon Center, the local mental health agency that covers Wilson, Greene, Edgecombe, and Nash counties planned to cut the state money that helps two mentally ill and developmentally disabled residents live in their own apartments.

The two Wilson-area residents, Marlo M., 39, and Durwood W., 49, sued with the help of Disability Rights North Carolina, which argued that the move violated the federal Americans with Disabilities Act and a U.S. Supreme Court decision that gives disabled people the right to live in the least restrictive settings possible.

The U.S. Department of Justice supported their argument. The federal government has participated in cases in several other states where the civil rights law for the disabled was at issue, said Justice Department trial attorney David W. Knight. In other cases, the Justice Department was trying to help residents move to community living, he said. This is the first case the federal government was arguing for people already living in the community fighting imminent institutionalization, Knight said.

U.S District Judge Terrence W. Boyle stopped The Beacon Center's cut, at least until a ruling on the merits of the suit, saying Marlo M. and Durwood W. would suffer irreparable harm, and that it was in the public interest to have state programs and funding adhere to the Americans with Disabilities Act.

The Beacon Center's lawyer, Christopher P. Brewer, said he did not know whether they would appeal.

Vicki Smith, executive director for Disability Rights North Carolina, called Boyle's decision "a victory for people with disabilities in North Carolina."





Charlotte Leaders Give Harry Jones A Bonus, Cut Mental Health Funding



Mecklenburg County Manager Harry Jones will receive a $38,400 performance bonus, but his total compensation remains the same as last year, under a deal unanimously approved Wednesday by county commissioners.


Charlotte-Mecklenburg County Commissioners praised Jones for, among other things, leading the county during a difficult economic time.

The "pay-at-risk" money - which commissioners have in previous years called a performance bonus - is part of an overall $302,854 compensation package. It also includes $215,655 in base salary.

The pay plan keeps Jones' compensation the same as in 2008-09, though a board committee determined he actually would have been due more money this year, said commissioner Dumont Clarke.

Jones, however, asked that his pay be kept level. "That was his request," said commissioners' Chairman Jennifer Roberts. He "wants to be treated like all the other county employees." The county didn't award any merit raises this year.

Jones' evaluation has been in the works for weeks, with talks largely being kept private initially as allowed by state law.

But some commissioners acknowledged last month that paying the money could raise questions in light of steep budget cuts across the county. Two other local public officials - Charlotte City Manager Curt Walton and Charlotte-Mecklenburg Schools Superintendent Peter Gorman - declined merit raises or bonuses for themselves and staff to help save money.

Jones is eligible for a higher bonus than Gorman or Walton, up to 30 percent of his base salary.

Commissioners Chair Jennifer Roberts said the board had a "difficult conversation" about the pay plan because of the economic conditions.

Still, commissioners also have said they wanted to reward Jones for meeting goals previously outlined by the board.

Clarke said Jones told commissioners earlier Tuesday evening that 2008-09 was both his most challenging and best year as manager.

Roberts said Jones "has done a very, very good job, an excellent job as manager in a very difficult year." She cited Jones' work addressing budget cuts because of falling tax revenues and his work on the Critical Needs Task Force to help address social services needs in the community.

But the county also faced questions about inadequate accounting at the Department of Social Services, including an investigation into possible misused money in a charity program for Foster Children. The county announced steps to help shore up practices within DSS, including putting its finances under control of the main county finance department.

Mecklenburg has offered bonuses to the manager for years, but decided five years ago to restructure the pay system to reflect a CEO-style package of a base salary with another piece of pay tied to performance.

Under the plan, Jones is eligible for a bonus of up to 30 percent of his annual salary based on a series of criteria, including how well the county performs on annual goals and a management plan approved by commissioners. Based on his current salary, he could have received a bonus up to about $65,000 this year.

Jones has not received the full bonus since commissioners approved the new pay structure in 2004.

Clarke said Jones' performance in the past year earned him more money. He said he's being paid about 10 percent less than what his performance score called for.

Cuts in mental health

Also on Tuesday, commissioners approved about $2.76million worth of service cuts to the county's Area Mental Health department because of reduced money from the state. The state cuts were actually larger, but county staff has promised $3.7 million to help make up the gap.

Jones said he hasn't yet identified where the money would come from.



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Sources: McClatchy Newspapers, News & Observer, Charlotte Observer, Charmeck.org, Google Maps