Article 25 — CHILDREN AND FAMILIES COMMISSION OF ORANGE COUNTY

Editor's note— Ord. No. 99-16, § 1, adopted July 20, 1999, amended the Code by, in effect, repealing former art. 25, §§ 1-2-331—1-2-338, and adding a new art. 25, §§ 1-2-331—1-2-345. Former art. 25

pertained to similar subject matter, and derived from Ord. No. 98-18, adopted December 15, 1998. Ord. No. 04-010, § 1, adopted July 20, 2004, changed the name of Article 25 from the "Children and Families First Commission" to the "Children and Families Commission of Orange County."

There is hereby established the Children and Families Commission of Orange County with the statutory duties and authority provided for local commissions in the California Children and Families Act of 1998 as that Act presently exists and may from time to time be amended.

(Ord. No. 99-16, § 1, 7-20-99; Ord. No. 00-4, § 1, 5-9-00; Ord. No. 04-010, § 2, 7-20-04; Ord. No. 06-004, 5-16-06)

The Board of Supervisors of Orange County, California does hereby find:

The voters of the State of California passed the California Children and Families Act of 1998. The Act recognizes that there is a compelling need in California 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 (5) years of age.

The Act further recognizes that there is a compelling need in California to ensure that early childhood development programs and services are universally and continuously available for children until the beginning of kindergarten. Proper parenting, nurturing, and health care during these early years will provide the means for California's children to enter school in good health, ready and able to learn, and emotionally developed.

It is the intent of this article to facilitate the creation and implementation of an integrated, comprehensive, and collaborative system of information and services to enhance optimal early childhood development. This system should function as a network that promotes accessibility to all information and services from any entry point into the system. It is further the intent of this article to emphasize local decision making, to provide for greater flexibility in designing delivery systems, and to eliminate duplicate administrative systems.

The California Children and Families Act of 1998 provides funding through an excise tax on tobacco products in order to implement the goals and objectives which are outlined in the Act itself. It is the further intent of this article to create Orange County's Children and Families Commission and The Orange County Children and Families Trust Fund in order to qualify the County of Orange to receive funding and to implement the goals and objectives outlined in the Act throughout Orange County.

(Ord. No. 99-16, § 1, 7-20-99; Ord. No. 00-4, § 1, 5-9-00; Ord. No. 06-004, 5-16-06)

(1)

Act means the California Children and Families Act of 1998, as it presently exists, or may from time-to-time be amended.

(2)

Alternate means the member of the Board of Supervisors appointed by the Board to act on behalf of the Board member who is appointed as a regular member of the Commission under section 1-2-334(1)(c) and each of the persons appointed by the Board to act on behalf of the At-Large members appointed under section 1-2-334(3) hereof.

(3)

Board means the Orange County Board of Supervisors.

(4)

Commission means the Children and Families Commission of Orange County.

(5)

County Strategic Plan means the strategic plan which the Commission is to adopt pursuant to the Act.

(6)

Designee means either the person appointed by the County Executive Officer to act on his or her behalf in the absence of that Commission member, or the person appointed by the Director of the County Health Care Agency to act on his or her behalf in the absence of that Commission member, under sections 1-2- 334 and 1-2-335 hereof.

(7)

State Commission means the California Children and Families Commission established under the Act.

(8)

Trust Fund means the local Children and Families Trust Fund established pursuant to the Act.

(Ord. No. 99-16, § 1, 7-20-99; Ord. No. 00-4, § 1, 5-9-00; Ord. No. 04-010, § 3, 7-20-04; Ord. No. 06-004, 5-16-06)

(1)

The Commission shall consist of nine (9) members, all of whom shall be appointed by the Board. There shall be three (3) "Mandatory" members and six (6) "At-Large" members appointed as provided in section 1-2-335 below. Persons appointed as Mandatory members shall be:

(a)

The County Executive Officer of Orange County or his or her Designee, who must be an employee of the office of the County Executive Officer or Orange County Social Services Agency and who shall in any case be chosen from among the 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 services.

(b)

The Director of the Orange County Health Care Agency or his or her Designee who must be an employee of that Agency.

(c)

A member of the Orange County Board of Supervisors which shall be the appointed Board member or appointed Alternate as identified pursuant to section 1-2-335 hereof.

(2)

The remaining members, hereinafter referred to as "At-Large members", shall either be persons who live within Orange County or are officers, directors, or employees of an organization or agency doing business within Orange County three (3) of whom shall fall within Category 1 and three (3) of whom shall fall within Category 2, as described below:

Category 1 Education and Early Intervention

(a)

A representative of a local child care resource or referral agency, or a local child care coordination group, or a local organization for prevention or early intervention for families at risk or a recipient of early education project services included in the county strategic plan; or

(b)

A representative of a local school district, or an educator specializing in early childhood development.

Category 2 Healthy Children and Early Intervention

(a)

A representative of a community-based organization that has the goal of promoting nurturing and early childhood development or a local organization for prevention or early intervention for families at risk, or a recipient of project services included in the county strategic plan related to healthy children; or

(b)

A representative of a local medical, pediatric or obstetric association or society.

(3)

In addition to the foregoing, the Board shall also appoint another member of the Board of Supervisors to serve as an Alternate member for the regular Board member to serve during his/her absence, as well as an Alternate from each At-Large Category to serve in the absence of any At-Large member of the same Category.

(4)

In all cases, a Designee or an Alternate may only participate in a meeting of the Commission if the Secretary of the Commission receives written notification by a regular member before the meeting that the regular member will not participate in such meeting. In no case may a regular member's Designee or Alternate vote for the regular member if the regular member is present at the meeting. For this purpose, regular and special Meetings held on the same day shall not be considered the same meeting.

(5)

Each Commission member, Designee or Alternate, shall be entitled to no more than one vote on each matter that comes before the Commission.

(6)

Eligibility under any category shall be determined at the time of initial appointment and shall not be affected by subsequent change in employment or officer/director status, or other failure to fall within a category during a term of office other than change in residency. However, a regular, Designee, or Alternate member who is no longer in the same Category may not be reappointed for an additional term of office.

(Ord. No. 99-16, § 1, 7-20-99; Ord. No. 00-4, § 1, 5-9-00; Ord. No. 04-010, § 4, 7-20-04; Ord. No. 06-004, 5-16-06)

(1)

Members of the Commission, and the Alternates identified in sections 1-2-334(1)(c), 1-2-334(2) and 1-2- 334(3) shall be appointed by a majority vote of the Board of Supervisors provided the County Executive Officer and Director of the Orange County Health Care Agency shall serve ex officio and automatically upon qualification thereof without further authorization by the Board. Designees of the County Executive Officer or Director of the Orange County Health Care Agency shall be appointed by the applicable member of the Commission. Appointment of At-Large Commission members (and their Alternates) shall take place at the first meeting of the Board of Supervisors in April and shall be made through the following process:

(2)

The Board of Supervisors member and his/her alternate shall each be appointed by the Chairman of the Board of Supervisors in January of each year subject to approval by the full Board of Supervisors. Each January, the Chairman of the Board of Supervisors shall also designate one Supervisor for Category 1 (Education) nominations and one other Supervisor for Category 2 (Health) nominations for purposes of the nomination and appointment process set forth in subsection (4) below. Supervisors designated for either Category in one year shall not be designated for any Category in the next succeeding year. The Board of

Supervisors member, during his/her term on the Commission, shall not nominate At-Large members more than once, unless a vacancy is created.

(3)

The Commission's Executive Officer, prior to the first meeting of the Board of Supervisors in April, shall conduct a County-wide solicitation for applications from all persons interested in serving on the Commission who fall within the At-Large classifications specified in section 1-2-334. The Board shall only select persons to serve as At-Large Commission members from among those persons who apply and qualify for Commission membership under section 1-2-334.

(4)

The Board of Supervisors member and each Supervisor designated for At-Large Category nominations pursuant to subsection (2) above shall nominate from persons qualified pursuant to subsection (3) above, no fewer than two (2) and not more than three (3) candidates for appointment by the full Board of Supervisors for the three (3) At-Large members whose terms expire that year.

(5)

In the event of a vacancy during the term of an At-Large member, appointment shall be made as follows:

(a)

For any vacancy that occurs in the position nominated by the Board of Supervisors member, the Board of Supervisor member shall nominate no less than two and not more than three candidates to the Board of Supervisors for appointment.

(b)

For any vacancy that occurs in any other At-Large position, the Supervisor designated to nominate for the At-Large Category being vacated, pursuant to subsection (2) above, shall nominate no less than two and not more than three candidates to the Board of Supervisors for appointment.

(6)

Appointment of Designees by applicable Commission members may be made at any time by the applicable Commission members in writing delivered to the Commission, the Secretary of the Commission and the Clerk of the Board of Supervisors.

(Ord. No. 99-16, § 1, 7-20-99; Ord. No. 00-4, § 1, 5-9-00; Ord. No. 04-010, § 5, 7-20-04; Ord. No. 06-004, 5-16-06; Ord. No. 11-018, 10-18-11)

Regular terms of office of At-Large Commission members and their Attendees duly appointed prior to the effective date of this Ordinance shall remain unchanged. At-Large Commission members and Alternates appointed or reappointed from and after the effective date of this Ordinance, shall be appointed/reappointed for a two-year term, ending on March 31 of their second year of service, and

thereafter until a new member is appointed, unless removed earlier pursuant to section 1-2-337 below, or unless their term is otherwise specified to be of a shorter duration by the Board at the time of their appointment/reappointment, without limitation on length of service.

The "mandatory" members set-out in paragraph (1)(a) and (b) of section 1-2-334 above, shall serve automatically upon qualification therefore without further action of the Board. In any case, "mandatory" members set out in paragraph (1) of section 1-2-334 above shall serve as follows:

The Board of Supervisors member and his/her Alternate shall serve concurrently for a one (1) year term without limitation on the number of terms which he/she may serve and shall both be appointed by the Chairman of the Board at the first meeting of the Board of Supervisors in January of each year subject to approval by the full Board of Supervisors.

The remainder of the "mandatory" members specified in paragraph (1) of section 1-2-334 shall serve without limitation on length of service. Designees appointed by the County Executive Officer or the Director of the Health Care Agency shall serve until a new Designee is appointed by the applicable Commission member without limitation on length of service.

(Ord. No. 99-16, § 1, 7-20-99; Ord. No. 00-4, § 1, 5-9-00; Ord. No. 04-010, § 6, 7-20-04; Ord. No. 06-004, 5-16-06)

(1)

Vacancies: Vacancies on the Commission or with respect to any Designee or Alternate shall automatically occur upon the happening of any of the following events prior to the scheduled termination of a Commission member's term:

(a)

Removal of an incumbent Commission member (or any Designee or Alternate).

(b)

Death or resignation of an incumbent Commission member (or any Designee or Alternate); or

(c)

Failure of a Commission member to attend four (4) consecutive meetings or a total of six (6) meetings within a twelve month period and regardless of meeting type, to wit: regular, special, study session, etc.; provided in the case of any Alternate or Designee this subsection (c) shall only apply with respect to meetings to which such Alternate or Designee is eligible to attend and vote under Section 1-2-334(4).

(2)

Removal: The Board of Supervisors can, at any time and without cause, remove a Commission member (or Alternate) prior to the end of his/her term of office by a majority vote of all the members of the Board. A

Designee can be removed at any time without cause by the Mandatory member who appointed the Designee.

(3)

The secretary of the Commission shall certify the happening of any event which creates an automatic vacancy to the Board of Supervisors within five (5) days of the occurrence of such event.

(4)

A vacancy on the Commission (or with respect to any Designee or Alternate) shall be filled within sixty (60) days following the event causing said vacancy to occur in accordance with the provisions of section 1-2- 335 above.

(5)

Should a vacancy occur in an At-Large member position on the Commission prior to a regularly scheduled Board appointment process under section 1-2-335 above, the Board shall select a replacement At-Large member to fill such vacancy from the latest list of applicants.

(Ord. No. 99-16, § 1, 7-20-99; Ord. No. 00-4, § 1, 5-9-00; Ord. No. 04-010, § 7, 7-20-04; Ord. No. 06-004, 5-16-06)

The Commission shall adopt by-laws to regulate its proceedings and for the selection of a chairperson and vice-chairperson from among the Commission members.

(Ord. No. 99-16, § 1, 7-20-99; Ord. No. 00-4, § 1, 5-9-00; Ord. No. 06-004, 5-16-06)

Commission members and their Alternates/Designees shall be entitled to compensation on a per diem basis, the amount of which, until changed by the Board of Supervisors, shall be one hundred dollars ($100.00) per meeting not to exceed a combined total for the Commission member and his/her Alternate/Designee of five hundred dollars ($500.00) per month. In addition, a Commission member and his/her Alternate/Designee shall be entitled to reimbursement for actual out-of-pocket expenses which were necessary in the performance of his/her Commission duties on the same terms specified for County employees. All travel and travel related expenses, including but not limited to expenses for lodging, transportation, meals, conference fees and costs, must be incurred and reimbursed in accordance with Commission policy established by resolution of the Commission adopted at a public meeting.

(Ord. No. 99-16, § 1, 7-20-99; Ord. No. 00-4, § 1, 5-9-00; Ord. No. 04-010, § 8, 7-20-04; Ord. No. 06-004, 5-16-06)

The Children and Families Commission and each of its members is charged with the following duties, as well as any other duties which may from time to time be required by law or guidelines established by the

State Commission:

(1)

To implement the goals and objectives of the Act.

(2)

To administer the revenues in the Orange County Children and Families Trust Fund. No revenue in the Trust Fund shall be used to fund existing levels of service or to supplant state or local General Fund money for any purpose, but only to supplement existing levels of service.

(3)

To adopt an adequate and complete County Strategic Plan for the support and improvement of early childhood development within the County, that is consistent with, and in furtherance of the purposes of the Act, as well as any legally applicable guidelines which are adopted by the State Commission, and includes the minimum requirements set forth in the Act, including, without limitation, requirements of Section 130140(a) (1) (C) of the Act, incorporated herein by reference.

(4)

To:

(a)

At least annually, review the County Strategic Plan and revise same as may be necessary or appropriate to comply with statutes, and guidelines established by the State Commission, and

(b)

To measure the outcomes of funded programs through the use of applicable, reliable indicators and review that information as part of its public review of the County Strategic Plan.

(5)

To prepare and adopt an annual budget for the development and adoption of a County Strategic Plan, setting forth all revenues and appropriations for the fiscal year.

(6)

To prepare and approve an annual financial statement each year for the preceding fiscal year.

(7)

To prepare and approve an annual audit and report on or before October 15 of each year, pursuant to Section 130150 of the Act, and to forward a copy of same to the State Commission.

(8)

To hold at least one (1) duly noticed public hearing before receiving and filing, adopting, or approving any of the following, which public hearing may be combined with any other required pubic hearings at the discretion of the Commission:

(a)

County Strategic Plan or any revision thereto

(b)

The required "periodic review" of the County Strategic Plan

(c)

The annual audit and report prepared pursuant to the Act

(d)

The annual report issued by the State Commission pursuant to the Act

(e)

The proposed annual budget for the upcoming fiscal year

(f)

The annual financial statement

(9)

To submit copies of all Commission agendas to each member of the Board of Supervisors and to the County Executive Office, as well as copies of the following documents and supporting information submitted to the Commission members, at the same time said documents and supporting information are submitted to the Commission members:

(a)

County Strategic Plan and any revisions or amendments thereto

(b)

Proposed budgets and any revisions thereto

(c)

Financial Statements

(d)

Periodic review

(e)

The Commission's annual audit and report

(f)

The State Commission's annual report

(10)

To submit the County Strategic Plan, and any revisions thereto, to the State Commission, and at the same time submit a copy to each member of the Board of Supervisors, and to the County Executive Officer.

(11)

To make copies of the Commission's annual audits and reports available to the general public on request and at no cost.

(12)

To exercise all powers, duties, and responsibilities as are prescribed by statute, the State Commission, or the Board of Supervisors.

The Commission shall be and is a legal public entity separate from the County within the meaning of Section 130140.1(a) (1) of the Act.

(Ord. No. 99-16, § 1, 7-20-99; Ord. No. 00-4, § 1, 5-9-00; Ord. No. 04-010, § 9, 7-20-04; Ord. No. 06-004, 5-16-06)

Members of the Commission, their Alternates and Designees shall be subject to the County of Orange Gift Ban Ordinance which is in effect and as is from time-to-time amended. In addition, Commission members, their Alternate and Designees shall be required to file an annual Form 700 Statement of Economic Interest as required by the California State Fair Political Practices Commission.

(Ord. No. 99-16, § 1, 7-20-99; Ord. No. 00-4, § 1, 5-9-00; Ord. No. 04-010, § 10, 7-20-04; Ord. No. 06-004, 5-16-06)

There is hereby established the Orange County Children and Families Trust Fund ("Trust Fund") which shall be under the management and control of the Commission. The County of Orange Auditor-Controller, so long as the County of Orange Auditor-Controller provides accounting services to the Commission, shall set the accounting standards for the Trust Fund. The County of Orange, Internal Audit Department shall have the authority, but not the obligation, to conduct independent and separate audits of the Trust Fund, the results of which shall be forwarded to each Commission member, each member of the Board, and the County Executive Officer. The Commission shall have the power to enter into contracts, and may authorize warrants to be drawn on the Trust Fund.

(Ord. No. 99-16, § 1, 7-20-99; Ord. No. 00-4, § 1, 5-9-00; Ord. No. 06-004, 5-16-06)

Through June 30, 2000, the Orange County Counsel's office shall serve as legal counsel to the Commission at no charge. Commencing July 1, 2000, the Orange County Counsel's office may continue to provide legal services to the Commission upon request of the Commission, subject to full reimbursement from the Trust Fund.

(Ord. No. 99-16, § 1, 7-20-99; Ord. No. 00-4, § 1, 5-9-00; Ord. No. 06-004, 5-16-06)

Through June 30, 2000, all staff and staff related costs deemed necessary to assist the Commission in discharging its duties and responsibilities, will be provided through the County Executive Office. Commencing July 1, 2000, the County Executive Office, at the request of the Commission, may continue to provide the Commission with staff and staff related costs, subject to approval of the Board of Supervisors, and full reimbursement from the Trust Fund. Notwithstanding the foregoing, the Commission shall have the authority to hire Commission staff, including but not limited to an executive director and all other subordinate staff, as the Commission shall from time-to-time deem necessary, and to pay the cost of same from the Trust Fund.

(Ord. No. 99-16, § 1, 7-20-99; Ord. No. 00-4, § 1, 5-9-00; Ord. No. 06-004, 5-16-06)

The Commission may obtain, subject to reimbursement from the Trust Fund, the following services through the County Executive Office:

(1)

Human Resources;

(2)

Finance and Budget;

(3)

Information and Technology; and

(4)

Procurement/provision of necessary facilities as well as all services and supplies not otherwise provided by or through the County Executive Office.

(Ord. No. 99-16, § 1, 7-20-99; Ord. No. 00-4, § 1, 5-9-00; Ord. No. 06-004, 5-16-06)

If any provision of this article or the application thereof to any person or circumstance is for any reason deemed to be invalid, such invalidity shall not affect other provisions or applications of this article which

can be given effect without the invalid provisions or applications thereof, and to this end the provisions of this article are several.

(Ord. No. 00-4, § 1, 5-9-00; Ord. No. 06-004, 5-16-06)

Secs. 1-2-347—1-2-349. - Reserved.