Chapter 45 — MUNICIPAL ADVISORY COUNCILS AND ADVISORY COMMITTEES

Section

• 12.4501 MACs and Committees in General.
• 12.4502 MAC and Committee Responsibilities.
• 12.4503 Qualifications for Appointment.
• 12.4504 Appointments.
• 12.4505 Terms of Office.
• 12.4506 Standards of Ethics and Conduct.
• 12.4507 MAC and Committee Officers.
• 12.4508 Meetings of MACs and Committees.
• 12.4509 Dissolution of MACs and Committees.

(a) Municipal Advisory Councils (“MACs”) are formed pursuant to Government Code § 31010 and operate in accordance with the resolutions by the Board of Supervisors establishing the MAC and the provisions set forth in this Chapter. Government Code § 31010 provides that, “The board of supervisors of any county may by resolution establish and provide funds for the operation of a municipal advisory council for any unincorporated area in the county to advise the board on such matters which relate to that area as may be designated by the board concerning services which are or may be provided to the area by the county or other local governmental agencies, including but not limited to advice on matters of public health, safety, welfare, public works, and planning.” (b) Advisory Committees (“Committees”) are formed pursuant to Government Code § 31000.1 and operate in accordance with the resolutions by the Board of Supervisors establishing the respective Committees and the provisions set forth in this Chapter. Government Code § 31000.1 provides that, “The board of supervisors may appoint commissions or committees of citizens to study problems of general or special interest to the board and to make reports and recommendations to the board. The members of such committees need not be specially trained or experienced with respect to the matters to be studied.” (c) MACs and Committees shall function in accordance with this Chapter. A listing of all MAC and Committee members shall be available in the office of the Clerk of the Board Supervisors. (Ord. 4149, passed - -2011)

(a) MACs and Committees are advisory groups to the Board of Supervisors. (b) Each MAC or Committee shall act within the scope of the authority specifically authorized by the Board of Supervisors pursuant to State law. (c) These responsibilities shall not be amended, changed or restricted without specific action of the Board of Supervisors. (d) MAC and Committee recommendations shall be in the form of a resolution or motion which, upon approval, will be sent to the member of the Board of Supervisors who represents the Supervisorial District in which the MAC or Committee is located.

(e) MACs and Committees are wholly advisory. MACs and Committees do not have the authority to disburse funds, sign contracts, authorize payment, direct County operations or act in any other capacity that involves the direct management or supervision of the operations of any governmental agency or department of the County. (f) MAC or Committee comments are official only when MAC or Committee members meet in a legally noticed meeting pursuant to the Brown Act and take action by motion or resolution. An individual MAC or Committee member shall not speak for the MAC, Committee, or the Board of Supervisors unless carrying out the formally expressed wishes of the MAC, Committee, or the Board of Supervisors when authorized to do so by those entities. (g) MAC or Committee members may attend various community meetings related to their responsibilities. However, when attending such meetings as a member of the MAC or Committee, they are not to speak for the Board of Supervisors, oppose the general policies of the Board of Supervisors, or support legislation not approved by the Board of Supervisors. (Ord. 4149, passed - -2011)

Members of a MAC or Committee shall be residents and registered voters of the area served. Members are not required to be property owners unless so provided in the resolution of appointment or formation. (Ord. 4149, passed - -2011)

(a) Candidates for appointment to a MAC or Committee should submit applications to the member of the Board of Supervisors who represents the Supervisorial District in which the MAC or Committee is located. (b) MAC and Committee members shall be recommended by the member of the Board of Supervisors who represents the Supervisorial District in which the MAC or Committee is located. Such recommendations will be submitted for consideration by the Board of Supervisors at a scheduled meeting. (c) MAC and Committee members shall be appointed subject to a majority vote by a quorum of the Board of Supervisors. (d) The total number of members of a MAC or Committee shall be established by the resolution of formation. (Ord. 4149, passed - -2011)

(a) The term of office for a MAC or Committee member shall be the duration of the MAC or Committee and in no event shall be more than four years. (b) Appointments shall be made for either a full term or the completion of an unexpired term. (c) Any appointment to fill an unexpired term of office shall be considered a full term if the appointee serves for three years or more of that unexpired term. (d) No MAC or Committee member may serve collectively more than three consecutive terms on the MACs and Committees located in any Supervisorial District. (e) Notwithstanding any of the foregoing, MAC and Committee members serve at the pleasure of the Board of Supervisors and may be removed from the MAC or Committee at any time by the Board of Supervisors. (f) The resignation of a MAC or Committee member shall be submitted to the Clerk of the Board and shall be effective upon receipt by the Clerk of the Board. (Ord. 4149, passed - -2011)

(a) The County shall inform MAC and Committee members of all applicable conflict of interest statutes, ordinances and policies, and members shall comply with all such applicable statutes, ordinances and policies. (Ord. 4149, passed - -2011)

(a) MACs and Committees shall yearly elect a chairperson, a vice chairperson and any other such officers as needed, unless the Board of Supervisors in its discretion appoints a chairperson or other officers for the MAC or Committee. The chairperson shall preside over all meetings under established rules and procedures set forth in § 12.4508. (b) A MAC or Committee secretary shall be appointed and shall maintain records of all meetings and act as clerk of the MAC or Committee. The secretary may or may not be a member of the MAC or Committee. The secretary shall be responsible for submitting all minutes to the Clerk of the Board of Supervisors. (Ord. 4149, passed - -2011)

(a) General. (1) Each MAC and Committee shall meet a minimum of one time per year, unless otherwise specified. (2) All MAC and Committee meetings will follow “Robert’s Rules of Order” as provided by the Clerk of the Board of Supervisors. (b) Brown Act Requirements. All MACs and Committees are subject to the provisions of the Brown Act (see California Government Codes §§ 54950 et seq.). Some specific Brown Act provisions include, but are not limited to the following: (1) A meeting is defined as any gathering of a quorum of a MAC or Committee to discuss or transact business under the body’s jurisdiction. (2) A MAC or Committee must conduct its meetings within the boundaries of its jurisdiction unless it qualifies for a specific exemption. (3) Each meeting must have an agenda containing a brief general description of each matter to be considered or discussed and be posted at least 72 hours prior to the meeting. (4) The public may comment on agenda items before or during consideration by the MAC or Committee. Time must be set aside for the public to comment on any other matters under the MAC or Committee’s jurisdiction. (5) Meetings may not be conducted in a facility that excludes persons on the basis of their race, religion, color, national origin, ancestry, sex, sexual orientation, marital status, or that is inaccessible to disabled persons, or where members of the public may not be present without making a payment or purchase. (6) Members of the public may obtain a copy, at cost, of an existing tape recording made by the MAC or Committee of its public sessions, and may listen to or view the MAC or Committee’s original tape on a tape recorder or viewing device provided by the agency. (7) All votes must be cast in public. No secret ballots, whether preliminary or final, are permitted. (8) Members of the public may not be asked to register or identify themselves or to pay fees in order to attend public meetings. (9) Materials provided to a majority of the MAC or Committee members, which are not exempt from disclosure under the Public Records Act, must be accessible, upon request, to members of the public without delay. (Ord. 4149, passed - -2011)

The dissolution of MACs and Committees shall occur at the end of each term of the County Supervisor who represents the Supervisorial District in which the respective MAC or Committee is located, upon that Supervisor leaving office prior to the end of such term, or upon the effective date of the establishment of new Supervisorial Districts which are the result of redistricting. Board of Supervisors’ action in the form of a resolution shall be required to reestablish the MAC or Committee. (Ord. 4149, passed - -2011)