Marin County Municipal Code Ch. 2.41 Children and Families Commission

Proposition 10, known as the California Children and Families First Act of 1998 (the "Act") was adopted by the voters of the state of California at the November 1998 general election, and becomes effective January 1, 1999. This Act provides for a state trust fund consisting of moneys collected from a fifty-cent per pack surtax on cigarettes and an equivalent tax on tobacco products. Eighty percent of the funds in the state trust fund are required to be allocated and appropriated to counties which have established commissions and trust funds in accordance with the Act. The purpose of the ordinance codified in this chapter is to establish a commission and trust fund, and otherwise fulfill the requirements of the Act.

(Ord. 3305 § 1 (part), 1999: Ord. 3288 § 1 (part), 1998)

There is a compelling need in Marin County to create and implement a comprehensive, collaborative and integrated system of information and services to promote, support and optimize early childhood development from the prenatal stage to five years of age. Damage that occurs to the embryo during critical growth times may be irreversible and the first three years of a child's development are the most critical. Exposure to tobacco, drugs and alcohol during these critical stages can have a direct and substantial impact on brain development and subsequent intellectual, social, emotional and physical growth.

The well-being of Marin County infants and children is endangered every year by exposure as neonates, infants and children to tobacco, drugs and alcohol. Funds spent now on coordinated programs to enable children to begin school emotionally well developed, healthy, ready and able to learn will save money otherwise spent on remedial programs, treatment services, social services and the criminal justice system. Marin County is eligible to obtain funding for the essential coordinated programs pursuant to the terms of the Children and Families First Act adopted by the voters of California in November of 1998. It is therefore necessary for this county to establish a Marin County children and families commission which can work in concert with Marin County goals, objectives and existing programs.

(Ord. 3305 § 1 (part), 1999: Ord. 3288 § 1 (part), 1998)

This chapter shall apply throughout the unincorporated areas of Marin County. Nothing herein shall create any rights, powers or duties in conflict with, or in addition to any state, federal or municipal law.

(Ord. 3305 § 1 (part), 1999: Ord. 3288 § 1 (part), 1998)

A commission to be known as the Marin County children and families commission (the "Commission") is established. The commission shall be considered a legal public entity separate from the county and shall file a statement as required by section 53051 of the Government Code. The powers, duties and responsibilities of the commission shall include, but not be limited to, those set forth in Health and Safety Code section 130140.1 (b)(2).

(Ord. 3323 § 1, 2001: Ord. 3305 § 1 (part), 1999: Ord. 3288 § 1 (part), 1998)

The commission shall consist of at least five, but not more than nine members to be appointed by, and serve at the pleasure of the board of supervisors.

Two members of the commission shall be from among the county health officer and persons responsible for management of the county functions of children's services, public health services, behavioral health services, social services, and tobacco and other substance abuse prevention and treatment services.

One member of the commission shall be a member of the board of supervisors.

The remaining members of the commission shall be selected from among the county health officer and persons responsible for management of the county functions of children's services, public health services, behavioral health services, social services, tobacco and other substance abuse prevention and treatment services; and 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 resource or referral agency, or a local child care coordinating group; representatives of a local organization for prevention of 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.

Each commissioner shall serve at the will of the board of supervisors for a term of two years, except that the terms of the first commissioners shall be staggered as follows:

(1) The term of the initial commissioner appointed from the board of supervisors shall be for three years;

(2) The term of the two initial commissioners selected from among the county health officer and persons responsible for management of the county functions of children's services, public health services, behavioral health services, social services, and tobacco and other substance abuse prevention and treatment services shall be for three years;

(3) If the commission is composed of six or seven initial members the term of one additional commissioner shall be for three years. If the commission is composed of eight or nine initial members, the term of two additional commissioners shall be for three years. The initial commissioners, excluding those referenced in subsections (1) and (2) of this section, shall draw lots at the first meeting of the commission to determine which of them shall serve for two years and which shall serve for three years.

Any vacancies shall be filled for the remainder of the unexpired term in the same manner as the original appointment. A vacancy shall exist and shall be reported to the board of supervisors whenever a commissioner fails to attend more than three consecutive regular meetings of the commission without good cause entered on the commission minutes.

(Ord. 3305 § 1 (part), 1999: Ord. 3288 § 1 (part), 1998)

The commission shall meet at a regularly established time and place. All meetings shall be public and subject to the provisions of the Brown Act.

Notification of any change in the regularly established time or place of meetings shall be given three days in advance to the board of supervisors and to all representatives of communications media who have filed written request therefor.

(Ord. 3305 § 1 (part), 1999: Ord. 3288 § 1 (part), 1998)

The Duties of the commission shall be as follows:

(1) To prepare an adequate and complete county strategic plan as contemplated in Health and Safety Code Section 130140(a)(1)(C) for the support and improvement of early childhood development within the county. This strategic plan shall be consistent with sections 130100, et seq. of the Health and Safety Code, with the California Children and Families First Initiative of 1998, and with the State Commission guidelines effective at the time the plan is adopted. The plan shall include goals and objectives, a description of the programs, services and projects, a description of how measurable outcomes will be determined using reliable indicators, and how the programs/services/projects relating to early childhood development will be integrated into a consumer-oriented and easily accessible system;

(2) To annually review its county strategic plan and to revise the plan as may be necessary or appropriate. The county commission shall measure the outcomes of county funded programs through the use of applicable, reliable indicators and review that information on a periodic basis as part of the public review of its county strategic plan;

(3) To conduct one public hearing on its proposed county strategic plan before the plan is adopted;

(4) To conduct one public hearing on its periodic review of the county strategic plan before any revisions to the plan are adopted;

(5) To submit its adopted county strategic plan, and any subsequent revisions to the Marin County board of supervisors for review and comment, and to the State Commission;

(6) To prepare and adopt an annual audit and report pursuant to Section 130150 of the Health and Safety Code;

(7) To conduct one public hearing prior to adopting any annual audit and report;

(8) To conduct one public hearing on each annual report by the State Commission prepared pursuant to subdivision (b) of Section 130150;

(9) To establish an advisory committee to provide technical and professional expertise and support;

(10) On or before October 15th of each year, to conduct an audit of, and issue a written report on, the implementation and performance of its function during the preceding fiscal year. This report shall include the manner in which funds were expended, the progress toward and the achievement of program goals and objectives, and the measurement of specific outcomes through appropriate reliable indicators;

(11) To submit the strategic plan, any revisions or amendments to the strategic plan, and all audits and reports to the board of supervisors for review and input;

(12) To make copies of its annual audits and reports available to the general public on request and at no charge;

(13) To adopt bylaws in accord with existing county policies, rules and regulations. The bylaws and any amendments thereto shall be submitted to the board of supervisors for review and input;

(14) To undertake such other activities as necessary and appropriate to promote the policies set forth in this chapter and in the California Children and Families First Act of 1988.

(Ord. 3450 § 1, 2006; 2006; Ord. 3305 § 1 (part), 1999: Ord. 3288 § 1 (part), 1998)

Members of the commission shall not be compensated for their services, except they shall be paid reasonable per diem and reimbursement of reasonable expenses for attending meetings and discharging other official responsibilities as authorized by the commission. Such reasonable per diem and reimbursement of expenses shall be the same as those established by the administrative rules and regulations of the county of Marin. Per diem and reimbursement expenses, if any, of any county employee serving on the commission who is otherwise compensated for the time expended on behalf of the commission shall not be entitled to additional compensation. County employees who are commission members shall be entitled to reimbursement for travel and related expenses incurred in the discharge of official commission business at the same rates and under the same circumstances as set forth in the administrative rules and regulations of the county of Marin.

(Ord. 3305 § 1 (part), 1999: Ord. 3288 § 1 (part), 1998)

Upon its appointment by the commission pursuant to this chapter, an advisory committee shall meet and make the necessary or appropriate recommendations and reports.

(Ord. 3305 § 1 (part), 1999: Ord. 3288 § 1 (part), 1998)

Pursuant to subparagraph (A) of paragraph (2) of subdivision (d) of Section 130105 of the Children and Families First Act of 1998, the Marin County board of supervisors establishes a local children and families trust fund ("trust fund").

(Ord. 3305 § 1 (part), 1999: Ord. 3288 § 1 (part), 1998)

This chapter shall be amended by the Marin County board of supervisors as it deems necessary, and to comply with any subsequently established rules and regulations promulgated by the California Children and Families Commission.

(Ord. 3305 § 1 (part), 1999: Ord. 3288 § 1 (part), 1998)