Santa Barbara County Municipal Code § 41-14 Amendment and repeal

This ordinance shall be known as the "children and families ordinance."

(Ord. No. 4370 § 1; Ord. No. 4390 § 1)

(a) On November 3, 1998, the citizens of the state of California voted to enact the California Children and Families First Act of 1998 ("the Act"). The purpose of the Act is to promote, support and improve the early development of children from the prenatal stage to five years of age. This purpose shall be accomplished through the establishment, institution, and coordination of appropriate standards, resources, and integrated and comprehensive programs emphasizing community awareness, education, nurturing, child care, social services, health care and research.

(b) In enacting this ordinance, the County of Santa Barbara intends to develop, adopt, promote and implement local early childhood development programs, parental education and family support services consistent with the goals and objectives of, and in full compliance with, all of the provisions of the Act.

(c) In amending this ordinance to clarify the roles of the county commission and the board of supervisors, the County of Santa Barbara intends:

(1) To integrate its county commission into county government while recognizing the commission's decision-making responsibility under the Act;

(2) To promote cooperation and collaboration between the commission, other county agencies and departments, service providers, and the general public, toward the goal of promoting early childhood development;

(3) To secure consistency of strategic plans, lawful and effective use of trust funds, and optimal use of services and resources, and to avoid duplication and increase integration of services.

(d) The board of supervisors and county commission agree that the county commission staff shall be county employees to the extent provided in this ordinance.

(Ord. No. 4370 § 1; Ord. No. 4390 § 1)

The board of supervisors of the County of Santa Barbara hereby establishes the Santa Barbara County children and families commission ("commission"). The commission is an agency of county government with decision-making authority to adopt a strategic plan and allocate trust funds pursuant to the Act.

(Ord. No. 4370 § 1; Ord. No. 4390 § 1)

(a) The commission shall consist of nine regular members appointed by the board of supervisors and shall be composed as follows:

(1) The first member shall be a member of the board of supervisors;

(2) The second, third and fourth members, called "county members," shall be from among the county health officer and directors of the following county functions:

(A) Social services;

(B) Behavioral wellness services;

(C) Probation; or

(D) Public health services.

(3) The fifth, sixth, seventh, eighth and ninth members are called "community members." The fifth member shall be the Santa Barbara County Superintendent of Schools. The sixth, seventh, eighth and ninth members shall be appointed by the board of supervisors from among the following categories:

(A) Recipients of project services included in the county strategic plan,

(B) Educators specializing in early childhood development,

(C) Representatives of local child care resource or referral agency, or a local child care coordinating group,

(D) Representatives of local organizations for prevention or early intervention for families at risk,

(E) Representatives of community-based organizations that have the goal of promoting nurturing and early childhood development, and

(F) Representatives of local medical, pediatric, or obstetric associations or societies.

(b) The board shall appoint four alternate members, from the following membership categories:

(1) The tenth member called the board of supervisors' alternate;

(2) The eleventh member called the county alternate; and

(3) The twelfth and thirteenth members called the community alternates.

(c) An alternate shall attend commission meetings and receive per diem as appropriate. An alternate may participate in discussion of commission business but may not vote unless a regular member from the same membership category is absent from the meeting.

(d) The county alternate shall be the individual specified in subsection (a)(2) of this section that was not selected as a regular county member, unless that individual selects a designee from their department to serve as the county alternate in their stead, for the full term of the position. Appointment of a designee is subject to approval by the board of supervisors. If a designee is appointed as the county alternate member, the designee shall be authorized to speak on behalf of their department.

(e) The commission shall provide in its bylaws for the rotation or other method of participation of the two community alternates in commission business.

(Ord. No. 4370 § 1; Ord. No. 4390 § 1: Ord. No. 4424, § 1; Ord. No. 4593, § 1; Ord. No. 5154, § 1, 5-10-2022)

All members of the commission shall serve at the pleasure of the board of supervisors.

(a) The board of supervisors' representative shall be appointed on an annual basis.

(b) County members shall be appointed to a one-year term.

(c) Community members shall be appointed to three-year terms, except the fifth member shall be appointed to a one-year term.

(d) Alternate members shall be appointed to a term of the same length as regular members of the same membership category.

(e) There shall be no limit as to the number of terms a commission member may serve, except that the sixth, seventh, eighth and ninth members (community members), and the twelfth and thirteenth members (community alternates), shall serve no more than two consecutive terms.

(f) A vacancy on the commission shall occur automatically if any of the following events occur before the expiration of a member's term:

(1) Removal of the incumbent by the board of supervisors for any reason;

(2) Death or resignation of the incumbent;

(3) Ceasing to be a representative from the various categories specified in section 41-4 of this chapter.

(g) Staff to the commission shall certify the occurrence of any vacating event to the board of supervisors.

(h) In the event of a vacancy, the board of supervisors shall make an interim appointment to fill the unexpired term. If the vacancy is in the sixth, seventh, eighth or ninth member slot (community member), or the twelfth or thirteenth member slot (community alternate), the appointee may serve any unexpired term, plus two full terms.

(1) A community alternate may be appointed as the sixth, seventh, eighth or ninth member.

(2) A community member may not be appointed as a community alternate.

(i) Member terms shall expire as follows:

(1) December 31st for the first and tenth members;

(2) June 30th for the second, third, fourth, fifth and eleventh members;

(3) June 30, 2006 and every third year thereafter, for the sixth, seventh and twelfth members; and

(4) June 30, 2007 and every third year thereafter, for the eighth, ninth and thirteenth members.

(Ord. No. 4370 § 1; Ord. No. 4390 § 1; Ord. No. 4593, § 1)

All meetings of the commission are subject to the open meeting laws contained in the Ralph M. Brown Act.

(Ord. No. 4370 § 1; Ord. No. 4390 § 1)

(a) A majority of the commission members who have been appointed shall constitute a quorum of the commission.

(b) The commission shall develop bylaws, including provisions relating to the frequency, time place of meetings, elections and terms of its chair and other officers, meeting attendance, and such other rules and procedures it deems necessary or convenient for the conduct of the commission's activities. The commission shall prepare a conflict of interest code for approval by the board of supervisors. The board of supervisors shall review and comment on commission bylaws.

(Ord. No. 4370 § 1; Ord. No. 4390 § 1)

Members of the commission shall not be compensated for their services, except that they shall be paid reasonable per diem and reimbursement of reasonable expenses for attending meetings and discharging other official responsibilities inside and outside the county as authorized by the commission, at the standard county rate.

(Ord. No. 4370 § 1; Ord. No. 4390 § 1)

The commission shall have the following duties and responsibilities:

(a) Implement the goals and objectives of the Act;

(b) Develop and adopt a budget for the monies in the Santa Barbara County children and families trust;

(c) Prepare an adequate and complete strategic plan for the support and improvement of early childhood development within the county;

(1) The strategic plan shall be consistent with, and in furtherance of the purposes of the Act and any guidelines adopted by the State Commission pursuant to the State Health and Safety Code Section 130125(b),

(2) The strategic plan shall include, at a minimum, all of the elements specified in the State Health and Safety Code Section 130 140(a)(l)(C)(ii), and shall describe how programs, services, and projects relating to early childhood development within the county will be integrated into a consumer-oriented and easily accessible system;

(d) Conduct at least one public hearing on the proposed strategic plan before the plan is adopted by the commission and reviewed by the board of supervisors;

(e) Annually review the strategic plan and consider revisions as may be necessary or appropriate;

(f) Conduct at least one public hearing on its annual review of the strategic plan before any revisions to the plan are adopted by the commission and reviewed by the board of supervisors;

(g) Submit the strategic plan and any subsequent revisions to the State Commission and to the board of supervisors. The board of supervisors shall review the plan and revisions before it may be transmitted to the State Commission. The board of supervisors shall, among other things, review the plan for consistency with the board of supervisors' and county departmental strategic plans relating to child development. If the board of supervisors recommends any modifications to the plan and revisions, the commission shall consider them before final adoption of the plan and revisions and transmission to the State Commission.

(h) Prepare an annual audit and report pursuant to Health and Safety Code Section 130150, and conduct at least one public hearing on the annual audit and report before the audit and report are adopted;

(i) Exercise powers, duties, and functions as provided in Proposition 10, and consistent with state law, regulations of the board of supervisors, the policies of the commission, and this ordinance.

(Ord. No. 4370 § 1; Ord. No. 4390 § 1)

Pursuant to Health and Safety Code Section 130150(d)(2)(A), the Santa Barbara County board of supervisors hereby establishes a children and families trust fund.

(a) All moneys allocated and appropriated to the commission shall be deposited in the children and families trust fund and shall be expended only for the purposes authorized by the Act and in accordance with the strategic plan approved by the commission.

(b) Any moneys allocated and appropriated to the commission that are not encumbered or expended in any applicable period prescribed by law, shall (together with the accrued interest on the amount) revert to and remain in the children and families trust fund, for the next fiscal period, under the same conditions as set forth in subsection (a) of this section.

(c) All grants, gifts, or bequests of money made to or for the benefit of the county commission from public or private sources to be used for early childhood development programs shall be deposited in the children and families trust fund and expended for the specific purpose for which the grant, gift, or bequest was made.

(d) No moneys made available to the commission shall be expended to provide, sponsor, or facilitate any programs, services, or projects for early childhood development until and unless the commission has first adopted an adequate and complete strategic plan.

(e) All moneys made available to the county commission shall be used only to supplement existing levels of service and not to fund existing levels of service. No moneys in the California children and families trust fund shall be used to supplant state or local general fund money for any purpose.

(Ord. No. 4370 § 1; Ord. No. 4390 § 1)

(a) The commission shall prepare an annual budget. A preliminary budget shall be prepared by the commission, reviewed by the county administrator and submitted to the board of supervisors for its review and comment. The commission shall adopt a final budget prior to the adoption of the annual county budget. The commission shall follow county policies regarding budgetary and accounting procedures.

(b) Subject to agreement with appropriate county departments and offices, the commission may use established county administrative systems, including but not limited to: payroll, purchasing, contracting, renting real or personal property, personnel hiring and management, legal services, automated information systems, all in accordance with county ordinances, policies and procedures, to carry out the purposes of the Act. The commission may contract for such services with private vendors, consistent with California law.

(c) Commission staff shall be county employees for all purposes, subject to the following:

(1) The county administrator shall recommend and the commission shall appoint the executive director who shall serve at the will of the commission and shall receive salary and benefits equivalent to the county project manager classification. Recruitment and selection of the executive director shall be in accordance with county civil service rules. The county administrator shall involve the commission in the design and implementation of any recruitment. Other commission staff shall be in the classified civil service system of the county.

(2) All evaluations, discipline and other personnel actions shall be done in accordance with county rules and procedures, with participation by the county administrator. The commission shall have disciplinary authority over the executive director. The executive director shall have disciplinary authority over other commission staff.

(3) The commission shall be responsible for all costs associated with the employment of commission staff, including but not limited to, the cost of salary, benefits, and employer retirement contributions. The commission shall indemnify the county, from trust funds, for any cost, loss or liability arising from the actions of the commission or its staff in the course and scope of their employment.

(d) Prior to the expenditure of funds, and in accordance with the adopted strategic plan, all moneys deposited in the county children and families trust fund shall be budgeted in the county general fund or a special revenue fund, established within the budgetary and accounting systems of the county, for appropriation and administration in accordance with established county budgeting, accounting and reporting policies and systems.

(e) The county auditor-controller shall exercise general accounting supervision of trust funds and commission operations pursuant to Government Code Sections 26881 and 26882. The commission may contract with the county auditor-controller or other qualified auditor to prepare for commission approval the audit and report on commission performance under Section 41-9(H) and Health and Safety Code Section 130150.

(Ord. No. 4370 § 1; Ord. No. 4390 § 1)

(a) The commission shall make preliminary decisions regarding the allocation of funds and submit them to the board of supervisors for review. The board of supervisors shall, among other things, review the allocations with a view toward optimal use of resources and services, avoidance of duplication, and ensuring that trust funds supplement and do not supplant existing levels of service. If the board of supervisors does not concur with the preliminary decisions in whole or part, it shall return such decisions to the commission for reconsideration. The commission shall make the final decision as to funding allocation.

(b) Each recipient of funds other than a county agency or department shall enter into a contract with the commission. The commission may enter into contracts for joint ventures with the county and other public or private entities. The board of supervisors shall review the form and standard terms of commission contracts. All commission contracts shall provide that the contractor's sole remedy is against the commission and trust funds, and that the contractor will not seek damages, specific performance, or other relief from the county or its agencies or employees. Allocation of funds to county departments or agencies shall be by budget operating transfer. The commission may enter into memorandums of understanding with county departments concerning the use of trust funds. All recipients shall adhere to performance measurements and criteria and reporting requirements established by the commission.

(Ord. No. 4370 § 1; Ord. No. 4390 § 1)

The commission shall establish one or more advisory committees to provide technical and professional expertise and support for purposes beneficial to accomplishing the Act. Advisory committee members shall be paid reasonable per diem and reimbursement of reasonable expenses for attending meetings and discharging other official responsibilities inside and outside the county as authorized by the commission, at the standard county rate. To the extent feasible, the commission shall utilize existing commissions, committees, and councils as technical advisory groups for purposes of strategic planning and program development.

(Ord. No. 4370 § 1; Ord. No. 4390 § 1)

The board of supervisors may from time to time amend or repeal this ordinance.

(Ord. No. 4370 § 1; Ord. No. 4390 § 1)