San Benito County Municipal Code Ch. 11.11 First 5 San Benito

The San Benito County Board of Supervisors find as follows.

(A) The voters of the State of California passed the California Children and Families First 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 years of age.

(B) 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 well developed.

(C) It is the intent of this chapter 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 chapter to emphasize local decision making, to provide for greater local flexibility in designing delivery systems and to eliminate duplicate administrative systems.

(D) The California Children and Families First Act of 1998 provided for 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 chapter to create First 5 San Benito Commission and First 5 San Benito Trust Fund in order to receive funding through the act and to implement the goals and objectives outlined in the California Children and Families First Act of 1998.

(1966 Code, § 5E-1) (Ord. 718, § 1(part); Ord. 726, § 1(part))

For the purpose of this section, the following definitions apply.

ACT. The California Children and Families First Act of 1998 ( Cal. Health and Safety Code §§ 130100 et seq.).

CALIFORNIA CHILDREN AND FAMILIES COMMISSION. The state’s Commission established in accordance with Cal. Health and Safety Code § 130110.

COMMISSION. First 5 San Benito.

COUNTY STRATEGIC PLAN. The plan adopted by the Commission and submitted to the California Children and Families First Commission, pursuant to Cal. Health and Safety Code § 130140.

TRUST FUND. The First 5 San Benito Trust Fund.

(1966 Code, § 5E-2) (Ord. 718, § 1(part); Ord. 726, § 1(part); Ord. 771, § 2)

There is established a commission to be known as First 5 San Benito.

(1966 Code, § 5E-3) (Ord. 718, § 1(part); Ord. 726, § 1(part); Ord. 771, § 3)

There is established a county trust fund to be known as First 5 San Benito Trust Fund.

(1966 Code, § 5E-4) (Ord. 718, § 1(part); Ord. 726, § 1(part); Ord. 771, § 4)

(A) The Commission shall consist of up to nine members each who shall either reside or work within San Benito County.

(B) The membership shall consist of one member of the Board of Supervisors, the Health and Human Services Agency Director, the county’s Health Officer and up to six members who represent any of 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; and

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

(1966 Code, § 5E-5) (Ord. 718, § 1(part); Ord. 726, § 1(part); Ord. 771, § 5; Ord. 925, § 1, 2014)

Commission members shall be appointed by the Board of Supervisors. Commission members shall serve at the pleasure of the Board of Supervisors. The term of office of each member shall be for three years until the appointment of his or her successor.

(1966 Code, § 5E-6) (Ord. 718, § 1(part); Ord. 726, § 1(part))

Excluding the Health and Human Services Director and the county’s Health Officer, who shall serve ex-officio, the terms of office of the other five Commission members shall be staggered. At the first meeting of the Commission, these members shall classify themselves by lot so that two members shall have a term of office for one year, two members shall have a term of office of two years and one member shall have a term of office for three years.

(1966 Code, § 5E-7) (Ord. 718, § 1(part); Ord. 726, § 1(part))

(A) A vacancy on the Commission shall occur automatically on the happening of any of the following events before the expiration of the term:

(1) Removal of the incumbent for any reason;

(2) Death or resignation of the incumbent;

(3) Ceasing to meet any of the criteria for membership as specified in § 11.11.005; or

(4) Absence from three regular or special meetings in any 12-month period.

(B) The Secretary of the Commission shall certify the happening of any vacating event to the Board of Supervisors. The Board of Supervisors may waive any vacating event for any member of the Commission by majority vote of the Board of Supervisors.

(C) The Board of Supervisors shall make interim appointments to fill unexpired terms in the event of vacancies occurring during the term of members of the Commission.

(1966 Code, § 5E-8) (Ord. 718, § 1(part); Ord. 726, § 1(part))

The members of the Commission shall mutually elect a chairperson who shall serve for a term of one year. The Commission shall make such rules and regulations as are necessary to conduct its business.

(1966 Code, § 5E-9) (Ord. 718, § 1(part); Ord. 726, § 1(part))

The meetings of the Commission and the Commission’s advisory committee are subject to the open meeting laws contained in the Ralph M. Brown Act.

(1966 Code, § 5E-10) (Ord. 718, § 1(part); Ord. 726, § 1(part))

The members of the Commission shall serve without compensation, but may receive actual and necessary expenses as are incurred in carrying out of his or her official duties, as such expenses are authorized by the Commission consistent with the policies of the Board of Supervisors and the county’s Auditor.

(1966 Code, § 5E-11) (Ord. 718, § 1(part); Ord. 726, § 1(part))

First 5 San Benito is charged with the following duties:

(A) To annually prepare and pass a budget for the moneys in the First 5 San Benito Trust Fund;

(B) To administer the moneys in the First 5 San Benito Trust Fund in accordance with an approved budget and consistent with the goals and objectives of the Act;

(C) The adoption of an adequate and complete county strategic plan for the support and improvement of early childhood development within the county as outlined in the Act;

(D) To conduct at least one public hearing on its proposed county strategic plan and to revise the plan as is necessary and appropriate;

(E) To review on an annual basis, the county strategic plan and to revise the plan as is necessary and appropriate;

(F) To conduct at least one public hearing on its annual review of the county strategic plan before any revisions to the plan are adopted;

(G) To submit its adopted county strategic plan, and any subsequent revisions thereto, to the state’s Commission and to the Board of Supervisors;

(H) To prepare and adopt an annual audit and report pursuant to Cal. Health and Safety Code § 130150. The Commission shall conduct, at least one public hearing prior to adopting any annual audit and report;

(I) Make copies of its annual audits and reports available to members of the general public on request and at no cost;

(J) To exercise all powers, duties and functions as consistent with federal, state and local laws and with the policies of the Commission; and

(K) The county’s 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.

(1966 Code, § 5E-12) (Ord. 718, § 1(part); Ord. 726, § 1(part); Ord. 737 § 2; Ord. 771, § 6; Ord. 799, § 2)

The Commission shall establish one or more advisory committees as needed to provide technical and professional expertise and support for any of the duties of the Commission, as specified in § 11.11.012, and the advisory committee shall make recommendations or reports, as deemed necessary and appropriate, upon the direction of the Commission.

(1966 Code, § 5E-13) (Ord. 718, § 1(part); Ord. 726, § 1(part); Ord. 771, § 7)

The Commission members shall prepare and file the statement of economic interest, as prescribed by the Board of Supervisors pursuant to the Fair Political Practices Act (Cal. Gov’t Code §§ 87100 et seq.). Until the county’s Conflict of Interest Code is amended, the Commission members shall complete and file all schedules adopted by the county.

(1966 Code, § 5E-14) (Ord. 718, § 1(part); Ord. 726, § 1(part))

First 5 San Benito shall be established as a legal public entity separate from the County, and shall be subject to conditions, as specified pursuant to Section 5, Division 108, § 130140.1 of the Cal. Health and Safety Code.

(Ord. 937, § 1, 2015)