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HomeMy WebLinkAboutMINUTES - 01132015 - C.02 (2)RECOMMENDATION(S): APPROVE amendments to the Bylaws for the Contra Costa County Fire Protection District Advisory Fire Commission, as recommended by the Advisory Fire Commission. FISCAL IMPACT: No fiscal impact. BACKGROUND: The Contra Costa County Fire Board of Directors adopted the Bylaws for the Contra Costa County Fire Protection District Advisory Fire Commission (AFC) on December 7, 2010. At a regular meeting of the AFC on August 11, 2014, Commission Chair, Tom Chapman, requested that the Bylaws Committee convene to update/revise the Bylaws. The Bylaws Committee met on September 22, 2014, and then presented their recommended changes at the next regular meeting on October 13, 2014. The AFC voted to accept the recommended changes and forward the amendments to County Counsel for review. County Counsel reviewed and recommended additional changes which were presented at the regular December 8, 2014, AFC meeting. The AFC voted to incorporate County Counsel's recommendations and all revisions are indicated by the redline version of the Bylaws APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/13/2015 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, Director Candace Andersen, Director Mary N. Piepho, Director Karen Mitchoff, Director Federal D. Glover, Director Contact: Shawn de Leuze, 941-3318 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: January 13, 2015 David Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.2 To:Contra Costa County Fire Protection District Board of Directors From:Jeff Carman, Chief, Contra Costa County Fire Protection District Date:January 13, 2015 Contra Costa County Subject:Amendments to the CCCFPD Advisory Fire Commission Bylaws attached hereto. CONSEQUENCE OF NEGATIVE ACTION: The existing AFC Bylaws will not be amended. CHILDREN'S IMPACT STATEMENT: No impact. ATTACHMENTS Bylaws - final Bylaws - red-lined Contra Costa County Fire Protection District Advisory Fire Commission Bylaws December 2014 U:\SRMGRS\FC\COMMISSI\Bylaws-December-2014 2 TABLE OF CONTENTS Name…………………………………………………………………………………………………. 3 Authorization…...……………………………………………………………………………………. 3 Definitions …………………………………………………………………………………………... 3 Purpose and Duties………………………………………………………………………………… 3 Membership…..……………………………………………………………………………………... 4 Officers and Duties…………………………………………………………………………………. 5 Commission Meetings……………………………………………………………………………… 6 Committees………………………………………..………………………………………………… 7 U:\SRMGRS\FC\COMMISSI\Bylaws-December-2014 3 Contra Costa County Fire Protection District Advisory Fire Commission Bylaws Article I Name This commission shall be known as the “Contra Costa County Fire Protection District Advisory Fire Commission.” Article II Authorization The Board of Supervisors of Contra Costa County, as the Board of Directors of the Contra Costa County Fire Protection District, has established a Fire District Advisory Commission in the Contra Costa County Fire Protection District by Resolution No. 99/138. Authority for establishing a county fire commission is established by California Health and Safety Code Section 13844. Article III Definitions “Board” shall mean the Contra Costa County Boa rd of Supervisors, as the Board of Directors of the Contra Costa County Fire Protection District. “Commission” shall mean the Contra Costa County Fire Protection District Advisory Fire Commission, which has been established by the Board for the purposes s et forth in these Bylaws. “District” shall mean the Contra Costa County Fire Protection District. “District Administration Office” shall mean the Contra Costa County Fire Protection District Administrative Office, located at 2010 Geary Road, Pleasant Hill, CA 94523. Article IV Purpose and Duties The purpose and duties of the Commission are to: 1. Review the operations, goals and objectives of the District; 2. Provide liaison with the community and provide advice and information on fire protection matters to the Board; 3. Review and advise on annual operations and capital budgets; U:\SRMGRS\FC\COMMISSI\Bylaws-December-2014 4 4. Review District expenditures; 5. Review and advise on long-range capital improvement plans; 6. Serve as the Appeals Board on weed abatement matters pursuant to District ordinance; 7. Advise the Fire Chief on District service matters; 8. Meet jointly with the Board and provide advice to the Board as needed; 9. Communicate with the other fire district boards or commissions on services and functional integration; 10. Assist in the Fire Chief's selection process as required; 11. Serve as liaison between the Board and the community served by the District; 12. Perform such other duties and responsibilities as may be assigned and /or as directed by the Board. The Advisory Fire Commission shall make its recommendations directly to the Fire Chief, the Board of Supervisors, and such other bodies or administrators as may be designated from time to time. Article V Membership A. Members The Commission shall consist of seven (7) voting members and five (5) alternate members appointed by the Board. 1. Voting Members The seven (7) voting members shall consist of the following: a) Five (5) members, each of whom represents one supervisorial district. The nomination is made by an individual Superviso r for full Board action. b) Two (2) at-large members. The nomination is made by the Internal Operations Committee for full Board action, after giving the Commission an opportunity to screen, interview, rank the applicants, and make its nomination to the I nternal Operations Committee. 2. Alternate Members In addition to the seven (7) voting members, the Commission shall consist of five (5) alternate members who shall be alternate supervisorial district representatives. Alternate members shall not participate or vote in the regular or special meetings unless they are replacing an absent, seated member who is unable to participate at a meeting. However, the Commission Chair may acknowledge comments from an Alternate at the discretion of the Chair at any time. U:\SRMGRS\FC\COMMISSI\Bylaws-December-2014 5 B. Terms All members of the Commission shall be appointed for a term of four years. Terms are staggered. Members serve at the pleasure of the Board. C. Vacancies A vacancy on the Commission exists upon the death or resignation of a member, or upon the removal of a member by the Board. Should a vacancy occur for any reason, the appointed alternate for the vacant seat shall fulfill the remainder of the term and serve until the Board appoints a replacement voting member. D. Staff The Commission staff person shall issue and distribute meeting agendas in accordance with the open meeting laws specified in Article VII. The staff person shall keep an accurate record of all proceedings of the Commission, including meeting minutes and special reports and a list of persons attending meetings, and shall finalize meeting minutes. The staff person shall be responsible for maintaining a copy of these records at the District Administration Office. These records shall be made available to the public as required by State and local law. The Chair may direct the staff person to perform other duties to further the purpose and goals of the Commission. Article VI Officers and Duties A. Officers The officers of the Commission shall be Chair and Vice Chair. The Chair shall preside over all meetings of the Commission. The Chair shall appoint committees as may be needed from time to time for special projects or programs. The Chair shall report unscheduled vacancies immediately to the Board. The Chair shall perform other such duties as they pertain to the office of Chair. The Vice Chair shall preside at all meetings in the absence of the Chair or at any other time when so requested by the Chair, and perform other such duties as directed by the Chair. B. Term Each officer shall be selected for a one-year term at the first regular business meeting in June of each year by a majority vote of the Commission. Each officer’s term shall begin on July 1st of each year. U:\SRMGRS\FC\COMMISSI\Bylaws-December-2014 6 C. Vacancies Should a vacancy of the office of Chair occur for any reason, the Vice Chair will serve as Acting Chair. Should both the Chair and Vice-Chair be absent, the most senior Commissioner present shall serve as Acting Chair. Article VII Commission Meetings A. Meetings 1. In December of each year, the Commission will adopt a schedule of regular meetings for the subsequent year. Meetings shall be held at the District’s Training Center located at 2945 Treat Blvd., Concord, CA. 2. The Chairman may call additional special meetings as may be required for conduct of Commission business. 3. All meetings of the Commission, except those closed sessions permitted by law, shall be open to the public and subject to the provisions of Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code, relating to meetings of local agencies. All meetings shall conform to the Ralph M. Brown Open Meeting Act and the Contra Costa County Better Government Ordinance, including requirements for notice of meetings, preparation and distribution of agendas and written materials, inspection of public records, closed sessions and emergency meetings, maintenance of records, disruption of a public meeting, and recorded votes made by each Commissioner. 4. Notice of each meeting shall be posted adjacent to the entry door of th e District Administration Office at least 96 hours prior to the scheduled meeting and shall include the time, date, and place of the meeting and the meeting agenda. Notice of any meeting of the Commission shall be given to any person so requesting. B. Cancellation or Postponement Meetings of the Commission may be cancelled or postponed at the discretion of the Chairman for due cause or if no official business needs to be conducted. C. Quorum A quorum must be present for any vote on matters before the Commis sion to be valid. A quorum shall be defined as four (4) appointed Commission voting members (including alternate members replacing an absent voting member). Any motion, U:\SRMGRS\FC\COMMISSI\Bylaws-December-2014 7 resolution, or other Commission action, unless otherwise specifically provided for, shall require four affirmative votes for its passage. D. Conflicts Any member of the Commission who has a conflict of interest with any matter pending before the Commission will recuse himself or herself in accordance with Government Code section 87105. Commission members shall avoid conflicts of interest in accordance with Resolution No. 2002/376 and shall adhere to the principles and rules of the Political Reform Act of 1974 (Government Code Sections 81000, et seq.). Article VIII Committees There are four standing committees of the Commission: Personnel Committee, Budget Committee, Apparatus & Equipment Committee, and Property & Annexation Committee. From time to time, the Chair may appoint special committees or may make individual appointments to accomplish the ongoing tasks and special projects of the Commission, including conducting studies or research of items as deemed necessary (i.e., Bylaws Committee and Liaison to the Board). Each committee shall develop a separate plan of operations and goals to be achieved and shall be prepared to report the results of its activities during regular Commission meetings. Contra Costa County Fire Protection District Advisory Fire Commission Bylaws August December 20104 U:\SRMGRS\FC\COMMISSI\Bylaws-August11December-20104 2 TABLE OF CONTENTS Name…………………………………………………………………………………………………. 3 Authorization…...……………………………………………………………………………………. 3 Definitions …………………………………………………………………………………………... 3 Purpose and Duties………………………………………………………………………………… 3 Membership…..……………………………………………………………………………………... 4 Officers and Duties…………………………………………………………………………………. 5 Commission Meetings……………………………………………………………………………… 6 Committees………………………………………..………………………………………………… 7 U:\SRMGRS\FC\COMMISSI\Bylaws-August11December-20104 3 Contra Costa County Fire Protection District Advisory Fire Commission Bylaws Article I Name This commission shall be known as the “Contra Costa County Fire Pr otection District Advisory Fire Commission.” Article II Authorization The Board of Supervisors of Contra Costa County, as the Board of Directors of the Contra Costa County Fire Protection District, has established a Fire District Advisory Commission in the Contra Costa County Fire Protection District by Resolution No. 99/138. Authority for establishing a county fire commission is established by California Health and Safety Code Section 13844. Article III Definitions “Board” shall mean the Contra Costa County Board of Supervisors, as the Board of Directors of the Contra Costa County Fire Protection District. “Commission” shall mean the Contra Costa County Fire Protection District Advisory Fire Commission, which has been established by the Board for the p urposes set forth in these Bylaws. “District” shall mean the Contra Costa County Fire Protection District. “District Administration Office” shall mean the Contra Costa County Fire Protection District Administrative Office, located at 2010 Geary Road, Pleasant Hill, CA 94523. Article IV Purpose and Duties The purpose and duties of the Commission are to: 1. Review the operations, goals and objectives of the District; 2. Provide liaison with the community and provide advice and information on fire protection matters to the Board; 3. Review and advise on annual operations and capital budgets; U:\SRMGRS\FC\COMMISSI\Bylaws-August11December-20104 4 4. Review District expenditures; 5. Review and advise on long-range capital improvement plans; 6. Serve as the Appeals Board on weed abatement matters pursuant to Dist rict ordinance; 7. Advise the Fire Chief on District service matters; 8. Meet jointly with the Board and provide advice to the Board as needed; 9. Communicate with the other fire district boards or commissions on services and functional integration; 10. Assist in the Fire Chief's selection process as required; 11. Serve as liaison between the Board and the community served by the District; 12. Perform such other duties and responsibilities as may be assigned and /or as directed by the Board. The Advisory Fire Commission shall make its recommendations directly to the Fire Chief, the Board of Supervisors, and such other bodies or administrators as may be designated from time to time. Article V Membership A. Members The Commission shall consist of seven (7) vot ing members and seven five (75) alternate members appointed by the Board. 1. Voting Members The seven (7) voting members shall consist of the following: a) Five (5) members, each of whom represents one supervisorial district. The nomination is made by an individual Supervisor for full Board action. b) Two (2) at-large members. The nomination is made by the Internal Operations Committee for full Board action, after giving the Commission an opportunity to screen, interview, rank the applicants, and make its nomination to the Internal Operations Committee. 2. Alternate Members In addition to the seven (7) voting members, the Commission shall consist of seven five (75) alternate members, five (5) of whommembers who shall be alternate supervisorial district representatives, and two (2) of whom shall be alternate at-large members. Alternate members shall not participate or vote in the regular or special meetings unless they are replacing an absent, seated member who is unable to participate at a meeting. However, the Commission Chair may U:\SRMGRS\FC\COMMISSI\Bylaws-August11December-20104 5 acknowledge comments from an Alternate at the discretion of the Chair at any time. B. Terms All members of the Commission shall be appointed for a term of four years. Terms are staggered. Members serve at the pleasure of the Board. C. Vacancies A vacancy on the Commission exists upon the death or resignation of a member, or upon the removal of a member by the Board. Should a vacancy occur for any reason, the appointed alternate for the vacant seat shall fulfill the remainder of the t erm and serve until the Board appoints a replacement voting member. D. Staff The Commission staff person shall issue and distribute meeting agendas in accordance with the open meeting laws specified in Article VII. The staff person shall keep an accurate record of all proceedings of the Commission, including meeting minutes and special reports and a list of persons attending meetings, and shall finalize meeting minutes. The staff person shall be responsible for maintaining a copy of these records at the District Administration Office. These records shall be made available to the public as required by State and local law. The Chair may direct the staff person to perform other duties to further the purpose and goals of the Commission. Article VI Officers and Duties A. Officers The officers of the Commission shall be Chair and Vice Chair. The Chair shall preside over all meetings of the Commission. The Chair shall appoint committees as may be needed from time to time for special projects or programs. The Chair shall report unscheduled vacancies immediately to the Board. The Chair shall perform other such duties as they pertain to the office of Chair. The Vice Chair shall preside at all meetings in the absence of the Chair or at any other time when so requested by the Chair, and perform other such duties as directed by the Chair. B. Term Each officer shall be selected for a one -year term at the first regular business meeting in June of each year by a majority vote of the Commission. U:\SRMGRS\FC\COMMISSI\Bylaws-August11December-20104 6 Each officer’s term shall begin on July 1st of each year. C. Vacancies Should a vacancy of the office of Chair occur for any reason, the Vice Chair will serve as Acting Chair. Should both the Chair and Vice-Chair be absent, the most senior Commissioner present shall serve as Acting Chair. Article VII Commission Meetings A. Meetings 1. The regular business meeting of the Commission shall be held at 7:00 p.m. on the second Monday of every other month (February, April, June, August, October and December). In December of each year, the Commission will adopt a schedule of regular meetings for the subsequent year. Meetings shall be held at the District Administration Office District’s Training Center located at 2945 Treat Blvd., Concord, CA. 2. The Chairman may call additional special meetings as may be required for conduct of Commission business. 3. All meetings of the Commission, except those closed sessions permitted by law, shall be open to the public and subject to the provisions of Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code, relating to meetings of local agencies. All meetings shall conform to the Ralph M. Brown Open Meeting Act and the Contra Costa County Better Government Ordinance, including requirements for notice of meetings, preparation and distribution of agendas and written materials, inspection of public records, closed sessions and emergency meetings, maintenance of records, and disruption of a public meeting., and recorded votes made by each Commissioner. The meetings shall also be conducted under the rules of procedure contained in Robert's Rules of Order Newly Revised when not in conflict with these bylaws or other statutory requirements. The Commission staff person shall maintain a current copy of this book and it shall be available at all meetings of the Commission. 4. Notice of each meeting shall be posted adjacent to the entry door of the District Administration Office at least 96 hours prior to the scheduled meeting and shall include the time, date, and place of the mee ting and the meeting agenda. Notice of any meeting of the Commission shall be given to any person so requesting. B. Cancellation or Postponement U:\SRMGRS\FC\COMMISSI\Bylaws-August11December-20104 7 Meetings of the Commission may be cancelled or postponed at the discretion of the Chairman for due cause or if no official business needs to be conducted. C. Quorum A quorum must be present for any vote on matters before the Commission to be valid. A quorum shall be defined as four (4) appointed Commission voting members (including alternate members replacing an ab sent voting member). Any motion, resolution, or other Commission action, unless otherwise specifically provided for, shall require four affirmative votes for its passage. D. Conflicts Any member of the Commission who has a conflict of interest with any matt er pending before the Commission will recuse himself or herself in accordance with Government Code section 87105. Commission members shall avoid conflicts of interest in accordance with Resolution No. 2002/376 and shall adhere to the principles and rules of the Political Reform Act of 1974 (Government Code Sections 81000, et seq.). Article VIII Committees There are four standing committees of the Commission: Personnel Committee, Budget Committee, Apparatus & Equipment Committee, and Property & Annexation Committee. From time to time, the Chair may appoint special committees or may make individual appointments to accomplish the ongoing tasks and special projects of the Commission, including conducting studies or research of items as deemed necessary (i.e., Bylaws Committee and Liaison to the Board). Each committee shall develop a separate plan of operations and goals to be achieved and shall be prepared to report the results of its activities during regular Commission meetings.