Kings County Municipal Code Art. III Kings County Children and Families First Commission

Footnotes:

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Editor's note— Ord. No. 578, § 1, adopted Jan. 29, 1998, amended the Code by adding provisions designated as Art. III, §§ 2-30—2-40. Inasmuch as such sections already existed, the provisions of said ordinance have been included herein as Art. III, §§ 2-40—2-50, at the discretion of the editor. See the Code Comparative Table.

(a) There is hereby established the "First 5 Kings County Children and Families Commission" ("First 5") in the county. First 5 is a legal public entity separate from the county in accordance with subdivision (a)(1) of Section 130140.1 of the Health and Safety Code.

(b) First 5, as a legal public entity separate from the County of Kings, shall file an "information concerning public agency and members of governing board" statement as required under Section 53051 of the Government Code within 70 days of adoption of this amendment.

(c) The powers, duties, and responsibilities of First 5 shall include, but not be limited to, the following:

(1) The power to employ personnel and contract for personal services as required to carry out its duties, responsibilities, or purpose.

(2) The power to enter into any contracts as necessary or appropriate to carry out its duties, responsibilities, or purpose.

(3) The power to acquire, possess, and dispose of real or personal property as necessary and appropriate to carry out its duties, responsibilities, or purpose.

(4) The power to sue or be sued.

(5) Independent authority over its strategic plan.

(d) First 5 shall be deemed a public agency that is a unit of local government for purposes of all grant programs and other funding and loan guarantee programs.

(e) Any obligations of First 5, whether statutory, contractual, or otherwise, shall be obligations solely of First 5.

(f) First 5, its members, and employees are protected by the immunities applicable to public entities and public employees as governed by the Government Claims Act found in Part 1 (commencing with Section 810) and Part 2 (commencing with Section 814) of Division 3.6 of Title 1 of the Government Code, except to the extent otherwise provided by other statutes or regulations that apply expressly to First 5 commissions.

(g) All claims or actions for money or damages against First 5 shall be governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1n of the Government Code, except to the extent otherwise provided by other statutes or regulations that expressly apply to First 5 commissions.

(h) First 5 shall not be terminated or decommissioned except by the adoption of an ordinance by the county board of supervisors ("board"), in which the board expressly states the county will not participate in the California Children and Families Program and is terminating its First 5.

(1) In terminating First 5, the board shall allow an appropriate transition period for satisfying or resolving the existing obligations of First 5.

(2) In the event of termination, any unencumbered and unexpended funds remaining in the local Children and Families Trust Fund shall be distributed pursuant to subdivision (e) of Section 130140 of the Health and Safety Code.

(3) Prior to the termination of First 5, the board shall notify the state children and families commission of its intent to terminate its First 5.

(4) Upon termination, the liabilities or the liquidation or disposition of the remaining assets of First 5 shall not become obligations of the county.

(Ord. No. 578, § 1, 1-29-98; Ord. No. 578.1, § 1, 10-5-99; Ord. No. 578.2, § 1, 11-14-00; Ord. No. 609, § 1, 4-2-02; Ord. No. 609.2, § 1, 4-8-03; Ord. No. 609.6, § 1, 5-11-21)

The purposes of the children's commission are to work with the California Children and Families Commission (hereinafter referred to as the "state commission") in the implementation of the "California Children and Families First Act of 1998" (hereinafter referred to as the "Act"), which was enacted by the California electorate as Proposition 10 at the November 3, 1998 general election (See Health and Safety Code Sections 130100 et seq. and Revenue and Taxation Code Sections 30131 et seq.), and to develop and adopt an adequate and complete county strategic plan for the support and improvement of early childhood development within Kings County.

(Ord. No. 578, § 1, 1-29-98; Ord. No. 578.1, § 2, 10-5-99; Ord. No. 609, § 1, 4-2-02)

The children's commission shall be comprised of the following five members:

(1) One member of the board of supervisors as appointed by the board.

(2) The director of the county human services agency, or his or her designee.

(3) The county health officer, or his or her designee.

(4) The director of county behavioral health services, or his or her designee.

(5) The one remaining member shall be appointed by the board of supervisors from the following categories: recipients of project services included in the county strategic plan; educators specializing in early childhood development; representatives of a local child care resources or referral agency or a local child care coordinating group; representatives of a local organization for prevention or early intervention for families at risk; representatives of community-based organizations that have the goal of promoting nurturing and early childhood development; representatives of local school districts; and representatives of local medical, pediatric, or obstetric associations or societies. The original appointment of members under this subsection, and any appointment to fill a vacancy in the office of any such member, shall be subject to the provisions of the Maddy Local Appointive List Act of 1975, commencing at Government Code Section 54970.

Prior to assigning a designee to serve on the children's commission under subsections (2), (3), or (4) above, the county official responsible for making the designation shall notify the county administrative officer and the chairperson of the children's commission in writing of the proposed designation.

(Ord. No. 578, § 1, 1-29-98; Ord. No. 609, § 1, 4-2-02; Ord. No. 608.3, § 1, 9-16-03; Ord. No. 609.4, § 1, 2-25-14; Ord. No. 609.5, § 1, 10-22-19)

The terms of office of the commission members designated in subsections (1) through (7) of section 2-42 above shall be indefinite. Designees appointed by an officer listed in subsections (2), (3), (4), (6), or (7) of section 2-42 shall serve at the will and the discretion of the respective designating officer. The two members appointed by the board of supervisors under the provisions of subsection (8) of section 2-42 shall serve four-year terms, with one of the two first appointed members serving only a two-year term as designated by the board of supervisors, so that those two members shall serve staggered terms. Any vacancy in the office of a member appointed under subsection (8) shall be filled by appointment by the board of supervisors and shall be for the remainder of the unexpired term of the vacating member.

(Ord. No. 578, § 1, 1-29-98; Ord. No. 609, § 1, 4-2-02)

(a) Procedures. The children's commission shall meet as and when necessary, but no less than annually. A quorum must be present for the transaction of the business of the children's commission, and a majority of the total membership of the children's commission shall constitute a quorum. Except as otherwise expressly set forth herein, the children's commission may take action by the affirmative vote of a majority of a quorum. The children's commission meetings and procedures shall be subject to the requirements of the Ralph M. Brown Act (Government Code Section 54950 et seq.).

(b) Bylaws. The children's commission shall adopt bylaws for its own governance and procedures.

(Ord. No. 578, § 1, 1-29-98; Ord. No. 578.1, § 3, 10-5-99; Ord. No. 609, § 1, 4-2-02)

(a) Adoption. The children's commission has independent authority over the development and adoption of a "First 5 Kings County Strategic Plan for the Improvement of Early Childhood Development" (hereinafter referred to as the "plan"). The approval of the plan by the children's commission, and any subsequent approval of a modification or amendment to the plan, must be by a majority of all the membership of the children's commission. The children's commission shall hold a public hearing on the proposed plan. Notice of the public hearing shall be published one time in a newspaper of general circulation in the county at least ten days prior to the hearing. The children's commission may submit the proposed plan to the board of supervisors for its review and comment. The board of supervisors may make recommendations regarding the plan which the children's commission may consider and incorporate prior to final adoption of the plan.

(b) Review of the plan. After adoption of the plan, the children's commission shall review the plan on an annual basis in order to revise the plan as may be necessary or appropriate. The children's commission shall hold a public hearing that meets the procedural requirements set forth in subsection (a) above and may submit any proposed revisions of the plan to the board for its review and comments prior to final adoption.

(Ord. No. 578, § 1, 1-29-98; Ord. No. 578.1, § 4, 10-5-99; Ord. No. 578.2, § 2, 11-14-00; Ord. No. 609, § 1, 4-2-02; Ord. No. 609.2, § 2, 4-8-03)

Prior to October 15 of each year subsequent to the adoption of the plan, the children's commission shall prepare and adopt for the prior fiscal year an audit and report on the implementation of the plan and performance under the Act. The audit and report shall meet the requirements of Section 130150 of the Health and Safety Code. Prior to the adoption of the annual audit and report, the children's commission shall hold a public hearing that meets the procedural requirements of subsection 2-44(a) above. Prior to November 1, the annual audit and report shall be submitted to the state commission.

(Ord. No. 578, § 1, 1-29-98; Ord. No. 609, § 1, 4-2-02; Ord. No. 609.4, § 2, 2-25-14)

Subsequent to the receipt of the state commission annual audit and report prepared pursuant to Section 130150 of the Health and Safety Code, the children's commission shall conduct a public hearing on the state commission's annual audit and report.

Within two months of receipt of the expanded annual audit report from the state controller's office prepared pursuant to Section 130151 of the Health and Safety Code, the children's commission shall conduct a public hearing. Within two weeks after this hearing, the children's commission shall submit a response to the audit findings to the state controller's office.

(Ord. No. 578, § 1, 1-29-98; Ord. No. 609, § 1, 4-2-02; Ord. No. 609.4, § 3, 2-25-14)

The children's commission and Kings County may enter into a memorandum of understanding to provide the commission with services and staffing.

(Ord. No. 578, § 1, 1-29-98; Ord. No. 578.1, § 5, 10-5-99; Ord. No. 609, § 1, 4-2-02)

The children's commission may establish advisory committees to provide technical and professional expertise and other support if the children's commission determines that an advisory committee will be beneficial in accomplishing the purposes of the Act. The children's commission may elect to utilize an existing Kings County committee or commission as an advisory committee.

(Ord. No. 578, § 1, 1-29-98; Ord. No. 578.1, § 6, 10-5-99; Ord. No. 609, § 1, 4-2-02; Ord. No. 609.1, § 1, 5-21-02)

There is hereby established in the Kings County Treasury the "First 5 Kings County Children and Families Trust Fund" (hereinafter referred to as the 'trust fund'), into which shall be deposited monies received from the state under the Act. The children's commission has independent authority over the monies in the trust fund, which shall be administered and expended only for the purposes authorized by the Act and in accordance with the plan.

(Ord. No. 578, § 1, 1-29-98; Ord. No. 578.1, § 7, 10-5-99; Ord. No. 578.2, § 3, 11-14-00; Ord. No. 609, § 1, 4-2-02; Ord. No. 609.2, § 3, 4-8-03)