HomeMy WebLinkAboutMINUTES - 09141999 - SD26 ti
TO . BOARD OF SUPERVISORS contra
costa
FROM, VICTOR J.WESTMAN,COUNTY COUNSEL
count,
DATE. September 14,1999
SUBJECT, Children and Families First Commission Staffing and
Liability Coverage
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)S BACKGROUND AND JUSTIFICATION
) CO DATKLN . Introduce ordinances, waive reading and fix September 21; 1999 for adoption providing for:
(a)County Children and Families First Commission staffing(ordinance marked"Attachment A'"); and
(b)Commission autonomous status, liability coverage and related matters(ordinance marked"Attachment B").
BACKGROUND/REASONS/REASONS FSR R OX ENI?ATIC3 S: On August 17, 1999 the Board of Supervisors considered the
above-noted subject and the Executive:Director of the California Children and Families State Comm:'ssion's letter of July
27, 1999. In the Executive Director's 'letter, it is stated that Proposition 10 finds will be withheld by the State Commission
from a county that does not allow its local commission to directly provide for its staffing and that"each county commission
is an autonomous entity, separate and distinct from the county board of supervisors". At your August 17, 1999 meeting,
this office was asked to prepare for consideration at your September 14, 1999 meeting proposed Ordinance Code
amendments which would provide this County': local Proposition 10 commission with authority to directly employ its staff.
F=irst, attached is a draft ordinance(marked "Attachment A")to accomplish the above-rioted purpose. Its
S OTiON I would amend existing Ordinance Code section 26-14.022, to provide that the County Commission will
determine how its executive director and related staff will be employed. Changes to section C-14.€322 are indicated on
the attached by strike out of the existing language to be deleted and underline of the added revisions.
Second, the state commission appears to have taker:the position as expressed in its Executive Director's July
27, 1999 letter that a local Proposition 10 county commission"is an autonomous entity, separate and apart from the
County Board of Supervisors," Assuming the State Commission's view is correct, additional Ordinance Code
amendments are set forth in the attached second draft ordinance(Narked "Attachment B")to recognize the County
commission's autonomous status and concurrent obligations commensurate with that status.
The amendments contained in Sections i through IV of the attached second draft ordinance are similar to
provisions contained ir;the Board of Supervisor's Ordinance 98-14, adopted earlier this year for the In-Dome Supportive
Services Authority. These amendments recognize the local commission's autonomous public entity status(SECS. 1, §26-
14.342)and provide that the local commission is responsible for its actions and that the County of Contra Costa has no
financia9 or other responsibility for any commission actions, (SEC. ll, §23-14.£344,)
SECTiON III of these amendments(§ 26-14.046)would initially cover the County Commission (at its cost)under
the County's self-insurance program but allow it, at its discretion,to obtain private insurance coverage. Finally, SECTION
€V(§26-14,348)of attached ordinance provides that the Commission will hold the County and its officials harmless from
Commission actions should any litigation: be taken concerning Commission's activities.
CONTINUED UED O ATTACHMENT: � x YES SIGNATURE: '44
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OMMENDATION OF BOARD COMMITTEE
APPROVE —OTHER
SIGNATURE(S), ,
ACTION N CSF BOARD ON September'14, 1999 APPROVED AS RECOMMENDED x X OTHER XX X X X
VOTE OF SUPERVISORS SEE ADDENDUM FOR BOARD ACTION
_UNANIMOUS OUS I HERESY CERTIFY THAT THIS IS A TRUE AND
(AIS T 'i _ ) CORRECT COPY OF AN ACTION TAKEN AND
ENTERED N THE MINUTES TES F THE BOARD OF
AYES _ NOES. SUPERVISORAGN THE DATE SHOWN.
ASSENT: — - ABSTAIN
ATTESTS f f aid
Contact; V.Westman, Co. Counsel(335-1800) BOARD OF SUPERVISORS AND COUNTY
cot County Administrator ADMINISTRATOR
Auditor-Controller X,;
Health Services inept. BY
F
DEPU
ADDENDUAI TO ITEM SD.26
September 14, 1999
On this date,the Board of Supervisors considered introducing two ordinances, waiving their reading and
fixing September 21, 1999 for adoption-providing for Children atad Families First(Proposition i 0)
Com mission staffing, status, liability coverage and related matters.
It was noted by Supervisor Gioia that the state-level commission had changed their name to the Children
and Families ilies Commission.
There were no requests to speak on this item.
Following :intlher discussion,the Board took the following actions:
DIRECTED that the ordinances be amended to reflect the charge of name to °°t.Thildren,and Families
Comae ssior"; IINT'I2ODUC D Ordinance 99®43 as arnended, providing for County Children and
Far ilies Commission staffing, WAIVED the reading; and FIXED September 21, 1999 for adoption;
INT°RODUCED Ordinance 99-44 as amended, providing for County Children and Isar ilies Commission
autonomu s status, liability coverage and related-matters, WAIVED the reading; and FIXED September
21, 1999 for adoption.
4 F.:v
ORDINANCE NO. -
(County Children and Families First
Commission - Proposition 1 )
The Contra Costa County Board of Supervisors ordains as follows (omitting the
parenthetical footnotes from the official text from the enacted or amended provisions of
the County Ordinance Code).
QjQ P Section -14.022 of the County Ordinance Code is amended to provide
for county commission appointment of its staff, as follows,
2 .149022 3jaffing,
(a) Executive Director and staff. Commission staff shall consist of ars execrative
director employed by the beard corlimisslon, to serve at its pleasure, and such
rather staff or consultants as deemed necessary or appropriate by the beard,
:om-,Mission. All employed pfefesskme.4 staff of the commission sell be exempt
and excluded from the county's merit system and ~ ball c6unty employees
f r., q w t'�poprovisions
y w{ rn l �"ey,.. .utilr d: k y� inaft r
provided, %ki £E '$'.CE2 T 6.EaLY £ `Aj. tdF -14,0261.
commission staff may be employed as i* mM s t employees or
contract consultants. The executive director may utilize county employes as
permitted by their appointing authorities to assist in carrying out the purposes of
this chapter,
(b) County Support Services. Support services usually provided to county
departments will be available as necessary to the commission including financial
services by the auditor-controller and the treasurer and any legal services
required sell be available from the county counsel's office.
(c) All county costs to provide the staff services authorized by subsections (a) and
(b)to implement this chapter sell be reimbursed and paid by the auditor-
controller from funds in the local Children and Families First Trust Fund. Th
executive director shall, at lest monthly, direct the auditor-controller to
reimburse the county for any and all staffing costs. Such reimbursement shall be
accomplished by direct transfers from the Frust Fund.
Ords, -1 1, 99-
ORDINANCE NO. 99- _
1
[ATTACHMENT A]
SE!QTIQN 11. Efte AtimeDate This ordinance shad become effective 30 days after
Passage, and within A 5 days of passage shall be published once with the names of the
Supervisors voting for and against it in the : a
newspaper of general circulation published In this County.
PASSED ON by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: PHIL BATCHELOR,
Clerk of the Board of Supervisors
and County Administrator
By:
Deputy Board Chair
[SEAL]
VJ1j
X Aj,-1A1 E3�e' jVV\C42Idorda.wpd
ORDINANCE NO. 99-_
(ATTACHMENT A]
ORDINANCE NO, 996
(County Children and Families First
Commission d Proposition 19)
The Contra Costa County Board of Supervisors ordains as follows (omitting the
parenthetical footnotes from the official text from the enacted or amended provisions of
the County Ordinance Code).
-1-4Z42-1i : dd d t ;th a County Ordirtahice-Code, td d jZe
t rind € tt€ f rd f€ iEd :
i Contra Costa County Children an&Farhiliesi First
by pU09,60tit"'yo,00 r t froom the County oft Conti d t and mail
fig ti ttstrd € r��ntdtion 53051,
{Ord. 99- .
..:.. .Verr
fi r€ 26-1411044,Js added to the Ordinance Code t ri d fall,
m i t ii tion of the o mymr Is i s
f� tdt �F rfrt di` air' iii' tinea€ til of
€ { pit ft€ ii tidri f ti
County of Contra Costa
A
Yl nd. i tr1ats. pr tr rrt , f tied
Mr i is d rtles,,oth r th A th d tyT email U!
inamexj,ress provision
d inn"t ai d ti t ti d rd i i p r t p ti . tity r d� 't'such
reem6 t d t €rid .daft ' Costa ty
(q)The GOMMISSI,omshall reoUlwa y and all gird:parties contr Ingwith the
joqCOMM A1 d r ie d i d r i ss t rr r issi r t pr id Mission
} it it tdmt: di idem€ ifit d fitr veis
Of i 0no d t°r d .f Cdr ty' risk m r; ,r'a ' n .t p��issi r
dd t€ r�i r r d � n p a i r e t� t� t ppr
ain d fry r ,i. f ti rgrer ' t tip' ssticr t iy wt
t r r r its ra i ti iss r sit t d i t
arr ; " and minutes,
to
(Ord. 99-- § 2.)
AEQUQa& 26'?!'1'14.0464added to tine Ordinance Code ta--resdfollom, ::
W 111 b� Without lir itiri its irid nr nifid tion f t d tycis set
xrof ion:
� r county's iftirr prc t to"W
r te terry$, dtl s rd d d by theri l r t° it d y
ORDINANCE NO. 99-_
1
[ATTACHMENT B
f.
the boa of } ors.
V, as program, aCquite,and,maintai
app
r ,tri te � � � qm tsd t e determined by the
manager _
the board � �i Irk ori aypi€ '
M � y M E I €r €fir nce a ge t d
t the hty' 'rf �� a itbin thirty day t;
(Ord. 99- § 3.)
YS ri 2-6-1 4048 � added t l OFt r r€ e Code to read, follm :
harmlessthO'countY.;anO €t toy & 1 l and O eI tod ffi r .: � pe
a i dln defense Cosh J,� e ,ars
€ i at,s #vqr, i t dibut fit
irk"pr rrt 'frm pr, erted. tbrirota
€ err commission;
(Ord. 99m § 5.)
9 "1®t ecti� ordinance b effective days
Passage, and within IS days of passage shall be published once 'with the names of the
Supervisors voting for and against it in the , a
newspaper of general circulation published in this County.
PASSED ON , by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: PHIL BATCHELOR,
Clerk of the Board of Supervisors
and County Administrator
By:
Deputy Board Chair
VJ' ljb
H:1J0ANN\Sf,W1cn32dord.wPd
ORDINANCE NO. 99-
2