Contra Costa County Municipal Code Ch. 26-14 Children and Families First Commission

In this Chapter 26-14 wherever reference is made to the county or local children and families first commission or trust fund, they shall hereafter be called the county or local children and families commission or trust fund.

(Ord. 99-43 § 1).

(a) This chapter provides for the establishment of Contra Costa County's Children and Families First Commission to implement the provisions of Proposition 10 adopted on November 3, 1998 and its Division 108 (commencing with Section 130100) added to the Health and Safety Code.

(b) It is intended that appointments to the commission and any advisory committees established by it should, as deemed appropriate and within the discretion of the appointing body, be diverse and balanced according to race, geography, gender and ethnicity.

(c) In developing, amending or otherwise revising the strategic plan, the commission should endeavor to ensure that the plan addresses children's needs in all the areas of the county, with special emphasis on areas where service gaps and needs are the greatest.

(Ord. 99-15 § 1, 98-46 § 1).

The children and families first commission is established and shall have nine members appointed by order of the board of supervisors. The term "board" as used in this chapter means the board of supervisors.

(Ords. 99-15 § 1, 98-46 § 1: H&SC § 130140(a)(1)(A)).

County commission members are or shall be appointed as follows:

(a) One member of the county commission shall be the chair of the board of supervisors or another board member designated by the chair.

(b) Three members of the county commission shall be appointed by board order from among the county health officer and persons responsible for management of the following county functions; children's services, public health services, behavioral health services, social services, and tobacco and other substance abuse prevention and treatment services. The three initial appointments are the county health officer, the social services director, and the community services director.

(c) The remaining five members of the county commission shall be persons from the following categories:

(1) Recipients of project services included in the county strategic plan;

(2) Educators specializing in early childhood development;

(3) Representatives of a local child care resource or referral agency, or a local child care coordinating group;

(4) Representatives of a local organization for prevention or early intervention for families at risk;

(5) Representatives of community-based organizations that have the goal of promoting nurturing and early childhood development;

(6) Representatives of local school districts:

(7) Representatives of local medical, pediatric, or obstetric associations or societies;

(8) Representatives of local mental health and/or substance abuse organizations; and

(9) Representatives of parent advocacy groups.

(d) Commission appointments pursuant to subsection (c) of this section may be made by the board in accordance with a procedure specified by board order or resolution.

(Ords. 99-15 § 1, 9846 § 1).

(a) The board shall appoint one alternate commission member for each of the following membership categories as below provided:

(1) For each member appointed pursuant to subsection (b) of Section 26-14.006, the deputy nominee proposed by each involved member.

(2) For each member appointed pursuant to subsection (c) of Section 26-14.006, an alternate selected in the same manner as provided for direct commission appointment by board order or resolution pursuant to subsection (d) of Section 26-14.006.

(b) In accordance with Section 26-14.016, an alternate may attend commission meetings, and may receive expense reimbursement and any allowed per diem but may not participate in commission decisions or votes unless substituting for its absent regular commission member.

(Ord. 99-15 § 1).

(a) Commission members shall serve at the pleasure of the board and are subject to removal during their terms or other tenure of commission office by the board at its pleasure. If a member's term has expired, the member shall continue to serve until appointment of a successor.

(b) Any board member designated by the chair for service on the commission shall serve at the discretion of the chair for a period not to exceed one year.

(c) The three commission members appointed pursuant to subsection (b) of Section 26-14.006 shall serve without term limit but only as long as they hold their specified county offices.

(d) The initial appointments of the five commissioners specified in subsection (c) of Section 26-14.006 shall be of two for four year terms and three for three year terms. Thereafter, all subsequent appointments shall be for three year terms except to fill term vacancies.

(Ords. 99-15 § 1, 98-46 § 1).

(a) A vacancy on the commission shall occur automatically if any of the following events occur before the expiration of a member's term or other tenure of commission office:

1. Removal of the incumbent by the board of supervisors for any reason;

2. Death or resignation of the incumbent;

3. Ceasing to be a representative from the various categories specified in Section 26-14.006.

(b) The executive director of the commission shall certify the occurrence of any event creating a vacancy on the commission and shall notify the board.

(c) Any vacancies shall be filled by the board for the unexpired term or other tenure of commission pursuant to Section 26-14.006 and this chapter.

(Ord. 99-15 § 1).

(a) The commission shall meet at least every quarter and more often as necessary to perform and complete its duties as required by this chapter and law. The commission shall select its chair and vice-chair.

(b) A majority of the members of the commission shall constitute a quorum. All actions and decisions of the commission shall be by a majority of five votes.

(c) Procedures for the conduct of business by the commission not specified in this chapter may be contained in bylaws adopted by the commission.

(d) The commission may establish standing or ad hoc committees of its members.

(e) The commission shall establish one or more advisory committees to provide technical and professional expertise and support for any purposes that will be beneficial in accomplishing the purposes of this chapter. As deemed necessary or appropriate by the commission, each advisory committee shall meet and shall make recommendations and reports to the commission.

(Ords. 99-15 § 1, 98-46 § 1).

Members of the commission shall not be compensated for their services, except they shall be paid reasonable per diem as fixed by board order and reimbursement of reasonable expenses for attending meetings and discharging other official responsibilities as authorized by the commission.

(Ord. 99-15 § 1).

All meetings of the commission, commission subcommittees and advisory committees shall be public (except as provided by law), noticed and conducted in compliance with the requirements of the Ralph M. Brown Act and the county's Better Government Ordinance.

(Ord. 99-15 § 1).

Members of the commission and its executive director shall be subject to the financial reporting requirements of the Political Reform Act and shall make the same level of reporting as required of members of the board. In a timely manner, the commission shall prepare a conflict of interest code for approval by the board as specified by state law.

(Ord. 99-15 § 1).

(a) Executive Director and Staff. Commission staff shall consist of an executive director employed by the commission, to serve at its pleasure, and such other staff or consultants as deemed necessary or appropriate by the commission. All employed staff of the commission shall be exempt and excluded from the county's merit system and shall not be county employees for any purpose except county employees may be utilized as hereinafter provided. Subject to the provisions of subsection (a) of Section 26-14.026, commission staff may be employed as commission employees or contract consultants. The executive director may utilize county employees as permitted by their appointing authorities to assist in carrying out the purposes of this chapter.

(b) County Support Services. Support services usually provided to county departments will be available as necessary to the commission including financial services by the auditor-controller and the treasurer and any legal services required shall be available from the county counsel's office.

(c) All county costs to provide the staff services authorized by subsections (a) and (b) to implement this chapter shall be reimbursed and paid by the auditor-controller from funds in the local Children and Families Trust Fund. The executive director shall, at least monthly, direct the auditor-controller to reimburse the county for any and all staffing costs. Such reimbursement shall be accomplished by direct transfers from the trust fund.

(Ord. 99-43 § 2, 99-15 § 1).

The commission's proposed annual budget for the monies in the trust fund shall be prepared in the same manner and be subject generally to the same limitations as similar budgets for the county and its departments. Prior to its final adoption, each proposed annual budget shall be submitted to the auditor-controller, county administrator, and board for their review, consideration and comment. Hearings on the commission's budget may be conducted concurrently with hearings conducted in connection with the county budget but the commission' s final annual budget shall be adopted by the commission.

(Ord. 99-15 § 1).

Except as otherwise provided in this chapter:

(a) Contracts. The commission may enter into such contracts as are necessary or appropriate to carry out the provisions and purposes of this chapter and the California Children and Families First Act of 1998 (the "Act"). All such contracts shall specify and be contingent upon the continued future funding of the commission pursuant to the Act, the commission's annual exercise of its discretion to fund or participate with any contract's program for another year and the county's continued participation in the Act's program.

(b) Grants and Gifts. The commission may accept grants, gifts and bequests of money made to or for the benefit of it from public or private sources to be used for early childhood development programs, which shall be deposited in the trust fund and expended for the specific purpose for which the grant, gift, or bequest was made.

(c) For contracts, grants, local trust fund expenditures and other activities, the commission shall use established county procedures and may use county administrative systems to carry out the purposes of this chapter.

(Ord. 99-15 § 1).

The commission shall adopt an adequate and complete county strategic plan for the support and improvement of early childhood development within the county. The county strategic plan shall be consistent with, and in furtherance of the purposes of, the California Children and Families First Act of 1998 and any guidelines adopted by the state commission pursuant to subdivision (b) of the Health and Safety Code Section 130125 that are in effect at the time the county plan is adopted.

(Ords. 99-15 § 1, 98-46).

(a) The county strategic plan shall, at a minimum, include descriptions of the following:

(1) The goals and objectives proposed to be attained;

(2) The programs, services, and projects proposed to be provided, sponsored, or facilitated; and

(3) How measurable outcomes of such programs, services, and projects will be determined by the county commission using appropriate reliable indicators.

(b) The county strategic plan shall not be deemed adequate or complete until and unless the plan describes how programs, services, and projects relating to early childhood development within the county will be integrated into a consumer-oriented and easily accessible system.

(c) The county commission shall conduct at least one public hearing on its proposed county strategic plan before the plan is adopted.

(Ords. 99-15 § 1, 98-46).

The commission shall, on at least an annual basis, periodically review its adopted county strategic plan and revise the plan as may be necessary or appropriate. The commission shall conduct at least one public hearing on its periodic review of the county strategic plan before any revisions to the plan are adopted.

(Ords. 99-15 § 1, 98-46).

The commission in a timely manner shall submit its adopted county strategic plan, and any subsequent revisions thereto, to the state commission.

(Ords. 99-15 § 1, 98-46).

(a) County Annual Audit Report. The commission in a timely manner shall prepare and adopt an annual audit and report pursuant to Health and Safety Code Section 130150. The commission shall conduct at least one public hearing prior to adopting any annual audit and report.

(b) State Annual Audit Report. The county commission in a timely manner shall conduct at least one public hearing on each annual report by the state commission prepared pursuant to subdivision (b) of Section 130150 of the Health and Safety Code.

(Ords. 99-15 § 1, 98-46).

(a) The auditor-controller shall either make or contract with a certified public accountant or public accountant to make an annual audit of the accounts and records of the commission. The minimum requirements of the audit shall be those prescribed by the state controller for special districts and shall conform to generally accepted auditing standards.

(b) The board, at its discretion, may order and provide for a management audit of the commission and its staff.

(c) The costs of any audits performed pursuant to subsection (a) and (b) of this section shall be proper charges to be paid from the trust fund.

(Ord. 99-15 § 1).

The local Children and Families First Trust Fund is created and established in the Contra Costa County Treasury. Moneys deposited in this trust fund shall be expended only for the purposes authorized by the California Children and Families First Act of 1998 (H&SC §§ 130100 ff) and in accordance with the commission approved county strategic plan.

(Ord. 99-15 § 1, 9846 § 1; H&SC § 130105(d)(2)(A)).

The Contra Costa County children and families commission shall be a public entity separate from the county of Contra Costa and shall file the statements required by Government Code Section 53051.

(Ord. 99-44 § 1).

(a) Any obligation of the county commission, whether statutory, contractual, or otherwise, shall be the obligation solely of the commission and shall not be the obligation of the county of Contra Costa.

(b) Any and all contracts, leases or other agreements of any nature between the commission and third parties other than the county shall contain an express provision advising the third party that the commission is a separate public entity and that such agreement does not bind Contra Costa County.

(c) The commission shall require any and all third parties contracting with the commission to indemnify and hold harmless the commission, to provide the commission with written acknowledgment of such indemnification, and to maintain adequate levels of insurance, as determined by the county's risk manager, naming the commission as an additional insured. For any particular contract, the commission may approve a variance to and from some or all of the requirements of this subsection but only where the variance and reason for its granting by the commission are set forth in the commission's official meeting records and minutes.

(Ord. 99-44 § 2).

Without limiting its indemnification of the county as set forth below, the commission:

(a) Shall be covered by the county's self-insurance program subject to whatever terms, conditions and charges are recommended by the risk manager and required by the board of supervisors;

(b) May, in lieu of the county's self-insurance program, acquire and maintain appropriate private insurance in amounts and coverage types to be determined by the county's risk manager to be adequate, and shall name the county and the members of the board of supervisors as additional insureds on any policies of private insurance maintained by the commission. Evidence of such insurance coverage shall be provided to the county's risk manager within thirty days of procurement.

(Ord. 99-44 § 3).

The commission shall indemnify, defend and hold harmless the county and its authorities, elected and appointed officers, employees and agents from and against any and all liability, including defense costs and legal fees, and claims for damages of any nature whatsoever, including but not limited to personal injury or property damages, arising from or connected with any act or omission of the commission and any officer or employee of the commission.

(Ord. 99-44 § 5).