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HomeMy WebLinkAboutMINUTES - 03092010 - C.47RECOMMENDATION(S): ACCEPT and APPROVE amendment to By-Laws governing the Contra Costa County Economic Opportunity Council as recommended by the Employment & Human Services Director on behalf of the Economic Opportunity Council. FISCAL IMPACT: NONE BACKGROUND: On February 11, 2010 the Contra Costa County Economic Opportunity Council approved the below-noted amendment to the By-laws governing this body. The proposed amendment extends the term of office of Chair and Vice- Chair from two years to three years. This will allow the necessary time for the incumbents to more effectively fulfill duties associated with these positions. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/09/2010 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor ABSENT:Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: C. Patterson, 3-1545 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 9, 2010 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: EMY L. SHARP, Deputy cc: Cassandra Youngblood, Caylin Patterson C.47 To:Board of Supervisors From:Joe Valentine, Employment & Human Services Director Date:March 9, 2010 Contra Costa County Subject:APPROVAL OF AMENDED BY-LAWS FOR ECONOMIC OPPORTUNITY COUNCIL BACKGROUND: (CONT'D) ARTICLE VII. Officer; Section 1. Officers The officers of the EOC shall be the Chairperson, Vice-Chairperson and Secretary. The officers shall serve a term of three years (except for Secretary) unless re-elected. Each officer, except for Secretary, is limited to two consecutive terms in each position. CONSEQUENCE OF NEGATIVE ACTION: CHILDREN'S IMPACT STATEMENT: ATTACHMENTS 2010 EOC By-laws_amended 1 EXHIBIT A Economic Opportunity Council Of Contra Costa County By-Laws Approved June 20, 2002 Approved by Board of Supervisors July 23, 2002 Resolution approved June 12, 2003 Amended by the EOC March 12, 2009 Amended by the EOC February 11, 2010 TABLE OF CONTENTS ARTICLE I Name ARTICLE II Authority ARTICLE III Offices ARTICLE IV Membership A. Public Sector B. Low-Income Sector C. Private/Non-Profit Sector ARTICLE V Economic Opportunity Council Members SECTION 1. Term of Office SECTION 2. Termination for Absences SECTION 3. Vacancies SECTION 4. Conflict of Interest Code SECTION 5. Alternates ARTICLE VI Powers of the Economic Opportunity Council ARTICLE VII Officers SECTION 1. Officers SECTION 2. Chairperson SECTION 3. Vice-Chairperson SECTION 4. Secretary SECTION 5. Election of Officers SECTION 6. Vacancies ARTICLE VIII Administration and Staff SECTION 1. Responsible to the Director 2 EXHIBIT A SECTION 2. Director ARTICLE IX Meetings SECTION 1. Regular Meetings SECTION 2. Annual Meeting SECTION 3. Special Meetings SECTION 4. Closed Sessions SECTION 5. Quorum SECTION 6. Voting SECTION 7. Proxy Voting SECTION 8. Agenda SECTION 9. Public Comment SECTION 10. Minutes ARTICLE X Committees SECTION 1. Composition SECTION 2. Executive Committee SECTION 3. Powers of the Executive Committee SECTION 4. Meetings of the Executive Committee SECTION 5. Standing Committees SECTION 6. Quorum SECTION 7. Reports ARTICLE XI Amendments SECTION 1. Amendment of By-Laws SECTION 2 Notice of Amendment ARTICLE XII Public Access to EOC Records ARTICLE XIII Dissolution 3 EXHIBIT A By-Laws of the Economic Opportunity Council of Contra Costa County ARTICLE I. Name The name of this Organization shall be the Economic Opportunity Council of Contra Costa County (“EOC”). ARTICLE II. Authority The Economic Opportunity Council of Contra Costa County is organized under the Economic Opportunity Act of 1964, as amended, and the Community Services Administration Act of 1974, as amended, the Community Services Block Grant Act of 1981, as amended and the Coats Human Services Reauthorization Act of 1998, as amended. It is a duly constituted Community Action Advisory Board and the Advisory Board to the Community Services Bureau Employment and Human Services Department of Contra Costa County. ARTICLE III. Offices The principal offices for the transaction of business shall be located at a place in the County of Contra Costa, State of California, as the members of the EOC may from time to time designate. Other offices for the delivery of program services may be established as the need arises at the discretion of the Board of Supervisors. ARTICLE IV. Membership The EOC shall consist of fifteen (15) members, divided equally among three sectors, as follows: A. Public Sector The five Public Sector members of the EOC shall be the five members of the Contra Costa County Board of Supervisors. Each Supervisor may appoint a delegate to serve and vote in his or her place. Delegate appointments must be approved by the Board of Supervisors. B. Low-Income Sector The five Low Income Sector members of the EOC shall be representatives of the low income population and may be from community based organizations, Community Services Bureau clients, or the general public. They shall be selected democratically and approved by the EOC and the Contra Costa County Board of Supervisors. To be 4 EXHIBIT A appointed, a person must reside in Contra Costa County and must (a) meet federal or state poverty guidelines or (b) reside in a low-income community (c) be selected by a democratic process. Low Income Sector appointments must be approved by the Board of Supervisors. In addition, the EOC may appoint one alternate Low Income Sector member, who shall serve and vote in place of a Low Income Sector member who is absent from, or who disqualifies himself or herself from participating in, a meeting of the EOC. To be appointed, this alternate must meet the requirements stated above for regular Low-Income Sector members. Any alternate appointment must be approved by the Board of Supervisors. C. Private/Non-Profit Sector The five Private/Non-Profit Sector members shall be representatives of and from the private sector, non-profit organizations or public service agencies (excepting Contra Costa County government agencies). They shall be appointed by the EOC. To be appointed a person must be affiliated with a private sector or non-profit organization or a public service agency located within Contra Costa County. Private/Non-Profit Sector appointments must be approved by the Board of Supervisors. In addition, the EOC may appoint one alternate Private/Non-Profit Sector member, who shall serve and vote in place of a Private/Non-Profit Sector member who is absent from, or who disqualifies himself or herself from participating in, a meeting of the EOC. To be appointed, this alternate must meet the requirements stated above for regular Private/Non-Profit Sector members. Any alternate appointment must be approved by the Board of Supervisors. ARTICLE V. EOC Members SECTION 1. Term of Office A. The term of office for each member of the EOC shall be two (2) years, except for the Board of Supervisor members, and except as specified in paragraph “C” of this Section 1. Members of the Board of Supervisors who choose to serve personally on the EOC may serve terms that are equal in duration to their term as a member of the Board of Supervisors. Low Income Sector and Private/Non Profit Sector members may seek reappointment to another term by submitting an application to the EOC. Terms on the EOC shall begin on July 1st and end on June 30th. Should any position become vacant during its term, the person appointed to fill that position shall serve for the unexpired portion of that term. B. No member of the EOC shall serve more than three (3) consecutive full terms, except for Board of Supervisor members who choose to personally serve on the EOC. None of the following shall count toward that three-term maximum: (a) service as an alternate; (b) service as a member in a term 5 EXHIBIT A shortened per paragraph “C” of this section 1; or (c) service as a member appointed to fill a mid-term vacancy. C. Beginning July 1, 2004, no more than three (3) of the member positions in each Sector, and no more than eight (8) of all positions, shall end during any one year. To accomplish this, prior to July 1, 2004, the EOC may appoint new members and reappoint members to shortened terms of one rather than two years, provided that any person who is a member on June 30, 2002, shall not thereby be deprived, without her or his consent, of the opportunity to serve another two years. If any Board of Supervisors member personally fills a Public Sector member position, this paragraph “C” will not apply to that position. SECTION 2. Termination for Absences Any member who incurs unexcused absences in three consecutive regular meetings, or more than four of the regular meetings of the EOC during any twelve-month period, shall automatically be terminated as a member. Any alternate who incurs unexcused absences in fifty (50) percent or more of the regular meetings of the EOC during any twelve-month period shall automatically be terminated as a member. An absence may be excused by the Chairperson of the EOC if he or she determines it is due to illness, the performance of other EOC duties, unexpected travel difficulties, or other good cause. The Chairperson shall inform the EOC, during regularly scheduled meetings, of absences that have been excused. Members who have been called out of order under Robert’s Rules of Order and removed from a meeting will be considered absent without excuse from the meeting from which they have been removed. Other than to vote for an alternate member as provided for in these by-laws, no member other than a County Supervisor has the authority to designate a person to attend a meeting of the EOC on his or her behalf. SECTION 3. Vacancies The Executive Committee will act as the Membership Committee. Staff to the EOC will assist with recruitment to fill any vacancies that occur on the EOC. Staff will provide applications received for the Membership Committee’s review. All interested applicants, whether for new posts or for renewal, must submit timely applications for the bi-annual filling of positions. Applications for the low income seats must be accompanied by a petition signed by no fewer than 10 members of the public residing in a low income community of Contra Costa County. The Membership Committee may fill other vacancies on an “as needed” basis. This section does not pertain to the appointees of the Board of Supervisors. SECTION 4. Conflict of Interest Code All members, alternates and designated staff shall comply with the Contra Costa County’s Conflict of Interest Code including the filing of the annual Statement of Economic Interest (Form 700). 6 EXHIBIT A SECTION 5. Alternates An alternate, when serving in place of a member who is absent from, or who disqualifies himself or herself from participating in, a meeting shall have the rights and obligations of, and may be counted as, an EOC member. An alternate may participate in discussions at meetings of the EOC or an EOC committee even though not serving in place of an absent or disqualified member. ARTICLE VI. Powers of the Economic Opportunity Council SECTION 1. Powers of the EOC A. To participate in, and advise the Board of Supervisors regarding the selection of the Director. B. To exercise all powers delegated to it by the Board of Supervisors. C. To hold public hearings to determine overall program goals for the EOC. D. To review fiscal and programmatic reports submitted by staff and the performance of Community Services Block Grant contractors and the Weatherization program services. E. To select its officers and appoint members to EOC Committees. F. To make recommendations to the Board of Supervisors on all program proposals and budgets related to Community Services Block Grant and the Weatherization program. G. To require and receive budget and other reports prepared by staff every other month along with an Annual Report in November. ARTICLE VII. Officer SECTION 1. Officers The officers of the EOC shall be the Chairperson, Vice-Chairperson and Secretary. The officers shall serve a term of three years (except for the Secretary) unless re-elected. Each officer, except for the Secretary, is limited to two consecutive terms in each position. SECTION 2. Chairperson The chairperson shall: (1) preside at all business meetings, (2) have general supervision over all business conducted, (3) execute, in the name of the EOC, all EOC-authorized actions, except those actions authorized by the EOC to be carried out by other EOC members or by staff, (4) appoint chairpersons for EOC committees, and (5) have such other powers and duties as may be assigned to him/her by the EOC. SECTION 3. The Vice-Chairperson The Vice-Chairperson shall, in the absence or inability of the Chairperson to act, exercise all the powers and perform all the duties of the chairpersons to act, exercise all the 7 EXHIBIT A powers and perform all the duties of the Chairperson. He/she shall serve on a standing committee as assigned by the Chairperson. He/she shall also have such other powers and shall perform such other duties as may be assigned to him/her by the EOC. SECTION 4. Secretary The Secretary shall be the Director of the Community Services Department or his/her designee, and shall be a non-voting ex-officio member of the EOC. He/she or designated staff shall keep the minutes of the meetings of the EOC. He/she shall also prepare and distribute all agendas including staff reports, be custodian of the EOC’s records, and keep a register of the mailing addresses, e-mail addresses and phone numbers of each member. SECTION 5. Election of Officers The elective officers of the EOC are the Chairperson and Vice-Chairperson. Both officers shall be elected at the first regular meeting in July of each election year. A majority of members present constituting a quorum is required to elect. SECTION 6. Vacancies Should any elective office become vacant, the EOC shall elect a successor from its membership at the next regular meeting, and such election shall be for the unexpired term of said office. ARTICLE VIII. Administration and Staff SECTION 1. Responsible to the Director All paid staff and volunteers of the Community Services Department are responsible to the Director. SECTION 2. Director A. Selection The Director of the Community Services Department shall be appointed by the Board of Supervisors in accordance with Contra Costa County personnel policies after the EOC has participated in the selection process. B. Duties Supervises the daily operations of the Community Services Department and provides staff support to the EOC. ARTICLE IX. Meetings SECTION 1. Regular Meetings The regular meetings of the EOC shall be held monthly at a time and location convenient for the members and the general public. The Chair, in consultation with the Executive Committee, may cancel a meeting if there is no business to warrant a meeting. All meetings shall be conducted according to Robert’s Rules of Order. Members who fail to comply with the Robert's Rules of Order may be found out of order by the Chair and 8 EXHIBIT A removed from the meeting. It is the duty of the Chair to enforce on all occasions the observance of order and decorum among the members, deciding all questions of order (subject to an appeal to the EOC by any two members) unless when in doubt he or she prefers to submit the question for the decision of the EOC. SECTION 2. Annual Meeting The Annual meeting shall be the regular meeting following the July meeting and shall be for the purpose of installing officers, receiving reports of officers and Committees, and or any other business that may arise. SECTION 3. Special Meetings A special meeting may be called at any time by the Chairperson or by a majority of the members of the EOC in accordance with the Ralph M. Brown Act (public meeting law) and County Better Governance Ordinance. SECTION 4. Closed Sessions The EOC may hold closed sessions provided they are agendized and held in accordance with both the Ralph M. Brown Act and the County Better Government Ordinance. SECTION 5. Quorum A quorum for all meetings shall be one more than half of the current membership of the EOC. SECTION 6. Voting Voting on resolutions and on other such matters as may be requested by a majority of the members of the EOC shall be by voice vote, unless a roll-call vote is requested by any member or unless the voice vote is unclear. When a roll-call vote is held, the ayes, nays, and abstentions shall be entered into the minutes of the meeting. SECTION 7. Proxy Voting No proxy voting is permitted. SECTION 8. Agenda The agenda shall comply with the Ralph M. Brown Act and the County Better Government Ordinance. SECTION 9. Public Comment Public comment shall be provided in accordance with the Ralph M. Brown Act and the County Better Government Ordinance. SECTION 10. Agenda and Minutes A copy of the agenda with minutes of the previous meeting shall be mailed to each member prior to the next meeting. All members of the public requesting the minutes of a meeting shall do so in writing to the Secretary and may be required to pay the prevailing copying and mailing rates. ARTICLE X. Committees 9 EXHIBIT A SECTION 1. Composition All Committees, whether standing or ad hoc, shall have at least one Low-Income member. SECTION 2. Executive Committee The Executive Committee shall consist of the Chairperson, the Vice-Chairperson, the Secretary and the Chairpersons of all standing Committees. At least one member representing the low-income sector of the EOC must be on the Executive Committee. SECTION 3. Powers of the Executive Committee The Executive Committee shall have such powers and duties as designated by the EOC. SECTION 4. Meetings of the Executive Committee The Executive Committee shall meet at times and places called by the Chairperson. Notice of such meetings shall be in accordance with applicable public meeting law (Ralph M. Brown Act and the County Better Government Ordinance). SECTION 5. Standing Committees The EOC shall establish the following standing committees: Executive, Program Development, and Rules. In addition, the EOC may establish and appoint members to standing and ad hoc committees as the need arises. The Chairperson shall be an ex- officio member of all Committees. The purpose of Committees shall be to investigate, study, consider, and report to the EOC. Committees shall meet upon call of the Committee Chairperson who shall give notice of the time and location of the meeting in accordance with applicable public meeting law (Ralph M. Brown Act and the County Better Government Ordinance). Each Committee shall keep a record of its proceedings. The Secretary shall make arrangements to provide staff support to each committee when requested. No Committee shall issue any public statement without obtaining prior approval from the EOC. SECTION 6. Quorum A quorum for the transaction of Committee business shall be one more than half of the membership of the Committee. SECTION 7. Reports The EOC will review all Committee reports that require action. Any Committee member or members of the EOC may file a minority report. ARTICLE XI. Amendments SECTION 1. Amendment of By-Laws These by-laws shall be amended by two-thirds vote of current membership of the EOC on advance written notice. SECTION 2. Notice of Amendment 10 EXHIBIT A Notice of proposed by-law amendments shall be presented in writing at a regular meeting of the EOC for open discussion. The proposed amendments shall be voted upon at the next regular meeting of the EOC. The agenda for the meeting at which the proposed amendment is to be voted upon shall contain an item entitled “Proposed By-Law Amendment.” ARTICLE XII. Public Access to EOC Records SECTION 1. Public Access to EOC Records The EOC shall make available to the general public all records as required by the Ralph M. Brown Act and the County Better Government Ordinance. ARTICLE XIII. Dissolution Dissolution of the EOC shall be effected in accordance with applicable law.