Tuolumne County Municipal Code § 8.40 First 5 Tuolumne County Commission

Supervisors of the County of Tuolumne do find that:

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 well developed.

It is the intent of this ordinance 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 accessability to all information and services from any entry point into the system. It is further the intent of this ordinance to emphasize local decision making, to provide for greater local flexibility in designing delivery systems, and to eliminate duplicate administrative systems.

The California Children and Families Act of 1998 provides 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 ordinance to create First 5 Tuolumne County Commission and First 5 Tuolumne County Trust Fund in order to receive funding through the act and to implement the goals and objectives outlined in the California Children and Families Act of 1998.
(Ord. 2492 § 2, 2003; Ord. 2338 § 2, 2000; Ord. 2271 § 1, 1998).

A. “Act” means the California Children and Families Act of 1998.

B. “First 5 California Commission” means the state commission established in accordance with Health & Safety Code section 130110.

C. “Commission” means the First 5 Tuolumne County Commission established pursuant to Health & Safety Code section 130140.

D. “County Strategic Plan” means the plan adopted by the Commission and submitted to the First 5 California Commission pursuant to Health & Safety Code section 130140.

E. “Trust Fund” means the First 5 Tuolumne County Trust Fund established pursuant to Health & Safety Code section 130105. (Ord. 2492 § 3, 2003; Ord. 2338 § 3, 2000; Ord. 2271 § 1, 1998).

is established a commission to be known as the First 5 Tuolumne County Commission. The First 5 Tuolumne County Commission
is an agency of the County with independent authority over the strategic plan described in Government Code Section 130140 and the First 5 Tuolumne County Trust Fund as defined in Section 8.40.040. (Ord. 2492 § 4, 2003; Ord. 2338 § 4, 2000; Ord. 2271 § 1, 1998).

established a trust fund to be known as the First 5 Tuolumne County Trust Fund. (Ord. 2492 § 5, 2003; Ord. 2338 § 5, 2000; Ord. 2271 § 1, 1998).

The Commission shall consist of seven (7) members, three (3) shall consist of one (1) member of the Board of Supervisors, the Human Services Agency Director or his/her designee, and the County Health Officer or his/her designee. The Human Service Agency Director and the County Health Officer may appoint a designee only if the designee is 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 and treatment services(as required by California Health and Safety Code § 130140. The remaining four (4) members, herein referenced as Community Representative Commissioners, shall be appointed by the Board of Supervisors, and shall represent any of the following community representation categories:

a) Recipients of project services included in the county strategic plan;

b) educators specializing in early childhood development;

c) representatives of a local child care resource or referral agency or a local child care coordinating group;

d) representatives of a local organization 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;

f) representatives of local school districts; and

g) representatives of local medical, pediatric or obstetric associations or societies. (Ord. 3264 §1, 2014; Ord. 2613 § 1, 2005; Ord. 2492 § 6, 2003; Ord. 2271 § 1, 1998).

A. Alternate Commission members may be appointed.
1) The Board of Supervisors may appoint an alternate member of the Board of Supervisors. 2) The Board of Supervisors may appoint up to two (2) alternates designated by the Human Services Agency Director and the County Health Officer that represent any of the following categories consistent with the Health and Safety Code § 130140: persons responsible for management of children’s services, public health services, behavioral health services, social services and tobacco and other substance abuse prevention and treatment services.
3) The Board of Supervisors may appoint four (4) Community Representative Alternates that represent any of the following community representation categories, consistent with the Health and Safety Code § 130140. Alternates can represent any one of these categories, regardless of the representation of current Commissioners and Alternates.
a) recipients of project services included in the Commission Strategic Plan; b) educators specializing in early childhood development; c) representatives of a local child care resource or referral agency or a local child care coordinating group;

d) representatives of a local organization for prevention or early intervention for families at risk;
e) representatives of a community– based organization that have the goal of promoting nurturing, and early childhood development;
f) representatives of local school districts; and
g) representatives of local health care, medical, pediatric, or obstetric services, associations or societies. B. Role and Responsibility of Alternates: 1) In the event of vacancy or absence of one of the Commissioners representing the 3 legislated county positions (Board of Supervisor, Human Services Agency Director or designee, and Health Officer or designee), the designated Alternate for that Commissioner shall serve to meet quorum requirements and shall fill the vacancy or vote in place of the absent Commissioner.
2) In the event of vacancy or absence of one of the Commissioners representing the 4 legislated community representative positions, any one of the Community Representative Alternates shall be eligible to serve in order to meet quorum requirements, to fill the vacancy or to vote in place of the absent Commissioner. The absent Commissioner shall designate which Community Representative Alternate shall serve in his or her absence. If this is not possible, the Commission Chair shall determine which Community Representative Alternate shall serve in place of the absent Commissioner. (Ord. 3264 §2, 2014; Ord. 2358 § 1, 2000).

The Commission member who is a member of the Board of Supervisors, and his/her alternate shall be appointed annually by the Chair of the Board of Supervisors, and there shall be no limits on terms. The Human Service Agency Director and the County Health Officer shall be appointed initially by the Board of Supervisors and they or their designee, and their alternates shall serve indefinitely, or until the Board of Supervisors chooses to appoint a replacement who meets the criteria set forth in the California Health and Safety Code § 13140. The Community Representative Commission members and alternates appointed by the Board of Supervisors shall serve at the pleasure of the Board of Supervisors. The Board of Supervisors shall seek a recommendation from the Commission on applications for appointment to the Commission prior to the Board of Supervisors making an appointment of a Commission member or alternate. The term of office of these Community Representative members of the Commission and alternates shall be for three (3) years and until the appointment of their successor. Community Representative members or alternates may be reappointed for additional 3 year terms, and there shall be no limit to the number of 3-year terms served. (Ord. 3264 §3, 2014; Ord. 2613 §2, 2005; Ord. 2492 §7, 2003; Ord. 2271 §1, 1998).

Interest.
No Commission Member or Commission Member’s Spouse shall be eligible to apply for funding from the Commission while the Commission Member is in office and for one (1) year after the Commission Member leaves office. No Commissioner shall participate in any matter which comes before the Commission, or in any matter in which he/she is required to act in his/her capacity as a Commissioner, when the Commissioner has or may have a direct or indirect economic interest which may be affected as a result of such action, unless by necessity. Additionally, no Commissioner shall undertake any employment activity or economic enterprise for compensation which is inconsistent, incompatible, in conflict with or adverse to his/her duties as a Commissioner. Should the Commissioner continue a conflict of interest, he/she may be removed from the Commission.
Commissioners shall comply with California

Government Code § 1091 and 87100 in guiding their decisions to recuse themselves participating in Commission decision. (Ord. 3264 §4, 2014; Ord. 2613 § 3, 2005; Ord. 2492 § 8, 2003; Ord. 2358 § 2, 2000).

the Commission members shall be staggered.
(Ord. 2492 § 9, 2003; Ord. 2271 § 1998).

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. Resignation of the incumbent;

4. Ceasing to be a representative from the various categories provided for in section 8.40.050; or

5. If the Commission holds only one regular meeting during each calendar month, absence from three (3) consecutive regular or special meetings or his/her absence from four (4) regular or special meetings in any twelve (12) month period or if the Commission holds two (2) or more regular meetings during each calendar month, absence from four (4) consecutive regular or special meetings or absence from six (6) regular or special meetings within a twelve (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 a vacating event for any member of the Commission caused by 8.40.080(A)(3) or 8.40.080(A)(5) 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. The Board of Supervisors shall act within sixty (60) days to fill a vacancy. (Ord. 2492 § 10, 2003; Ord. 2271 §1, 1998).

The members of the Commission shall annually elect a chairperson who shall serve for a term of one (1) year. The Commission shall make such rules and regulations as are necessary to conduct its business. (Ord. 2271 § 1998).

Brown Act. The Commission’s meetings are subject to the open meeting laws contained in the Ralph M. Brown Act. (Ord. 2271 § 1998).

Commission shall adopt a Conflict of Interest Code which shall designate the Board of Supervisors as the code reviewing body.
Members of the Commission shall be required to file annual Statements of Economic Interests.
(Ord. 2492 § 11, 2003).

Commission shall serve without compensation, but may receive actual and necessary expenses as are incurred in carrying out their duties.
(Ord. 2271 § 1998).

Commission is charged with the following duties:

A. To implement the goals and objectives of the Act.

B. To administer the monies in the First 5 Tuolumne County Trust Fund.

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 (1) annual public hearing on its periodic review of the county strategic plan before any revisions to the plan are adopted.

E. To submit its adopted county strategic plan, and any subsequent revisions thereto, to the state commission and the Board of Supervisors.

F. To prepare and adopt an annual audit and report pursuant to Health and Safety Code section 130150. The Commission shall conduct at least one (1) public hearing prior to adopting any annual audit and report.

G. To conduct at least one (1) public hearing on each annual report by the state commission prepared pursuant to Health and Safety Code section 130150, subdivision (b).

H. Make copies of its annual audits and reports available to members of the general public on request and at no cost.

I. To exercise all powers, duties, and functions as are prescribed by statute, the Board of Supervisors, and the Commission.

J. To review, prioritize, fund activities which benefit children in Tuolumne County ages 0-5.

K. To measure the outcomes of its funded programs through the use of applicable, reliable indicators and to review that information on a periodic basis as part of the public review of its county strategic plan. (Ord. 2692 § 1, 2006; Ord. 2492 § 12, 2003; Ord. 2338 § 6, 2000; Ord. 2271 § 1, 1998).