Santa Clara County Municipal Code Ch. V First 5 Santa Clara County

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Editor's note— Ord. No. NS-300.969, adopted January 24, 2023, amended Ch. V in its entirety to read as herein set out. Former Ch. V pertained to the same subject matter, consisted of §§ C18-76—C18-84.1, and derived from Ord. No. NS-300.731, adopted June 22, 2004; Ord. No. NS-300.899, adopted August 30, 2016; and Ord. No. NS-300.968, adopted December 6, 2022.

Pursuant to Division 108 (commencing with Section 130100) of the Health and Safety Code of the State of California, there is hereby established The Santa Clara County California Children and Families First Commission, which shall be known as FIRST 5 Santa Clara County and may hereinafter in this chapter be referred to as the Commission. The general purpose of the Commission shall be to promote, support, and improve the early development of children from the prenatal stage through five years of age throughout Santa Clara County, through the creation and implementation of an integrated, comprehensive, and collaborative system of information and services to enhance early childhood development, pursuant to the California Children and Families First Act of 1998 (the "Act").

(Ord. No. NS-300.969, § 1, 1-24-23)

FIRST 5 Santa Clara County is an entity separate from the County of Santa Clara. Obligations of FIRST 5 Santa Clara County shall be the obligations solely of the Commission and shall not directly or indirectly be obligations of the County or any officials, employees or agents of the County. The County shall not be liable for any act or omission of the Commission.

(Ord. No. NS-300.969, § 1, 1-24-23)

(a) Composition. The Commission shall be composed of nine members appointed by the Board of Supervisors. The membership shall include the following:

(b) [Appointed officials.] The following officials are hereby appointed to the Commission:

(1) One member of the Board of Supervisors, who shall be selected at the beginning of each calendar year by the Chairperson of the Board.

(2) The Director of the County of Santa Clara Health System or designee, who shall be knowledgeable about children's health and medical issues.

(3) The Director of the Social Services Agency or designee.

(c) Other Members appointed by the Board of Supervisors. The Board shall appoint to the Commission six individuals who shall be nominated as follows:

(1) One person who shall be nominated by and shall be a member of the Local Early Education Planning Council of Santa Clara County.

(2) Five persons, with each member of the Board of Supervisors allocated one nomination, which shall be from the following groups with the intent that representatives from as many groups as possible serve on the Commission:

(i) Recipients of project services as set forth in the Commission strategic plan;

(ii) Educators specializing in early childhood development;

(iii) Representatives of a local group for prevention or early intervention for families at risk;

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

(v) Representatives of local school districts; and

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

(d) Term of appointment.

(1) Each member appointed pursuant to subsection (c) above shall have a term of two years and until their respective successor is appointed and qualified, except the term of the first appointees shall be staggered so that three members have a one-year term, and the remaining three members have a two-year term. The length of each member's initial term is to be decided by lots drawn at the first meeting of the Commission. Subject to subparagraph (d)(2), members appointed pursuant to subsection (c) shall serve at the pleasure of the Board.

(2) No member appointed pursuant to subsection (c) above shall be eligible to serve as a commissioner for more than three consecutive terms in addition to any portion of any unexpired term which may have been served.

(e) Non-Voting Ex officio Members. The Commission may by majority vote appoint non-voting ex officio members as it deems appropriate to assist the Commission in fulfilling its responsibilities. An ex officio member shall be appointed for a term of two years and shall serve at the pleasure of the Commission.

(Ord. No. NS-300.969, § 1, 1-24-23)

The Commission may establish advisory committees to provide technical and professional expertise and support for any purposes that will be beneficial in accomplishing the purposes of the Act. Each advisory committee shall meet and shall make recommendations and reports as deemed necessary or appropriate.

(Ord. No. NS-300.731, § 1, 6-22-04; Ord. No. NS-300.969, § 1, 1-24-23)

The following shall be the duties of the Commission:

(a) To implement the goals, objectives, and requirements of the Act.

(b) To administer the monies in the Santa Clara County Children and Families First Fund in accordance with the provisions of the Act, the strategic plan, and the provisions of this chapter.

(c) To adopt a strategic plan that:

(1) Supports the improvement of early childhood development within the County based upon comprehensive County-wide data and resources.

(2) Is consistent with the purposes of the Act and any guidelines adopted by the California Children and Families Commission, which is also known as First 5 California and is hereinafter in this chapter referred to as the State Commission.

(3) Includes at least the following requirements:

(i) Goals and objectives;

(ii) Programs, services, and projects to be provided, sponsored, or facilitated;

(iii) Measurable outcomes of programs, services, and projects using appropriate reliable indicators;

(iv) A description of how programs, services, and projects will be integrated into a consumer-oriented, easily accessible system;

(v) A description of how programs, services and projects will be integrated into a comprehensive continuum of services for children throughout the County.

(4) Requires the Commission, on at least an annual basis, to periodically review its strategic plan and revise the plan as may be necessary and appropriate.

(d) To submit the strategic plan, and any subsequent revisions thereto, to the Board of Supervisors; and to consider comments or concerns regarding the plan, if any, that the Board of Supervisors may refer to the Commission.

(e) To submit the approved Commission strategic plan, and any subsequent revisions thereto, to the State Commission.

(f) To prepare and adopt an audit and report on the implementation and performance of the Commission's functions during the preceding fiscal year, including, at a minimum, the manner in which funds were expended, the progress toward, and the achievement of, program goals and objectives, and information on programs funded and populations served for all funded programs.

(g) To conduct at least one public hearing each year on:

(1) The proposed strategic plan, before the Commission adopts the plan.

(2) The Commission's periodic review of the strategic plan, before the Commission adopts any revisions to the plan.

(3) The annual audit and report, before the Commission adopts the audit and report.

(4) Each annual report by the State Commission.

(h) To adopt, in a public hearing, a conflict of interest code; and to submit the code to the County for approval.

(i) To make periodic reports to the Children, Seniors, and Families Committee of the Board of Supervisors.

(j) To exercise all powers, duties, and functions as are prescribed by the Act, the Board of Supervisors, the State Commission, and other applicable law.

(Ord. No. NS-300.969, § 1, 1-24-23)

The Commission shall adopt a meeting schedule by the first meeting of the calendar year, or as soon thereafter as is practical.

(Ord. No. NS-300.969, § 1, 1-24-23)

The Commission shall adopt bylaws setting forth procedures for the conduct of business not otherwise specified herein that are consistent with the Act and this Ordinance.

(Ord. No. NS-300.969, § 1, 1-24-23)

Members of the Commission shall not be compensated for their service as members of the Commission, but 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.

(Ord. No. NS-300.969, § 1, 1-24-23)

(a) The Commission shall prepare an annual budget. The Commission shall follow appropriate budgetary and accounting procedures.

(b) The Commission shall develop a process for allocating funds to programs, services, and projects that further the goals and objectives of the Act and the Commission's strategic plan. All recommended allocations shall be submitted to the Commission unless specifically delegated to the executive officer for approval.

(Ord. No. NS-300.969, § 1, 1-24-23)

The Commission shall appoint an executive officer. The Commission may purchase services from the County, as the Commission determines to be necessary or advisable. The Commission shall reimburse the County for services and other costs provided by the County within 30 days of receiving an invoice.

(Ord. No. NS-300.969, § 1, 1-24-23)

CHAPTER V½. - MEDICAL EXAMINER [9]

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Editor's note— Ord. No. NS-300.601, § 1, adopted June 24, 1997, amended the Code by adding provisions designated as Art. V, §§ A18-84—A18-89. Said provisions have been included herein as Art. V½, §§ A18-85—A18-90, at the discretion of the editor. See the Code Comparative Table.

There is in the County a Medical Examiner Department, hereafter in this chapter referred to as the Department. The Department may also be referenced as the Office of the Medical Examiner.

(Ord. No. NS-300.601, § 1, 6-24-97; NS-300.999, § 1, 6-17-25)

The Department shall be under the direction, management and control of the County Executive or designee. There is in the County and in the Department the position(s) of medical examiner(s). The medical examiner(s) shall be doctor(s) of medicine trained and certified in forensic pathology, and shall be appointed by the County Executive or designee in accordance with the provisions of the Charter and this Code. The medical examiner(s) shall exercise the powers and perform the duties of the Coroner.

(Ord. No. NS-300.601, § 1, 6-24-97; Ord. No. NS-300.732, § 1, 6-22-04; NS-300.999, § 2, 6-17-25)

Subject to the provisions of the Charter and this Code, the County Executive or designee shall have the power to appoint, suspend, or remove, all physicians after approval of such actions is obtained from the County Executive and, all assistants, deputies, clerks and other employees necessary to conduct the work of the Department.

(Ord. No. NS-300.601, § 1, 6-24-97; Ord. No. NS-300.732, § 2, 6-22-04)

The medical examiner(s) shall exercise the powers and perform the duties of the Coroner as specified by Chapter 10 of Part 3 of Division 2 of Title 3 of the Government Code and other laws and regulations. Subject to the Charter and this Code, all other functions of the Department will be managed by the County Executive or designee. The County Executive or designee will be responsible for the coordination, planning, organizing and direction of departmental activities, including administrative activities, and investigative and custodial activities other than those investigative and custodial activities which are statutorily mandated as set forth in Chapter 10 of Part 3 of Division 2 of Title 3 of the Government Code. The County Executive or designee will see that adequate personnel, equipment, supplies, and facilities are provided to carry out these departmental functions.

(Ord. No. NS-300.601, § 1, 6-24-97; Ord. No. NS-300.732, § 3, 6-22-04; NS-300.999, § 3, 6-17-25)

All post mortem examinations shall, except in the case of extreme emergency, be performed at the Department's forensic facility.

(Ord. No. NS-300.601, § 1, 6-24-97)

Rates for all services and documents furnished by the Department shall be established by resolution of the Board of Supervisors upon recommendation by the County Executive.

(Ord. No. NS-300.601, § 1, 6-24-97; Ord. No. NS-300.732, § 4, 6-22-04; NS-300.999, § 4, 6-17-25)