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HomeMy WebLinkAboutMINUTES - 11071995 - SD3 5G 3 TO: BOARD OF SUPERVISORS Contra FROM: PHIL BATCHELOR, COUNTY ADMINISTRATOR Costa October 30, 1995 � f° County DATE: SUBJECT: APPROVE PROPOSAL TO REJOIN THE NATIONAL ASSOCIATION OF COUNTIES SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: APPROVE the proposal from the Treasurer-Tax Collector that the County rejoin the National Association of Counties and AUTHORIZE the Treasurer-Tax Collector to pay the dues of$13,776 for calendar year 1996 from funds already appropriated to the Treasurer- Tax Collector's budget. BACKGROUND: Al Lomeli, the Treasurer-Tax Collector, is the Past President of the National Association of County Treasurers and has been invited to serve on the Board of Director of the National Association of Counties. In order to serve on the Board of Director, however, an individual must be from a county that is a member of the National Association of Counties (NACo). Contra Costa County dropped its membership in NACo several years ago because of the severe budget problems which faced - and still face - the County. Because of his interest in serving on the Board of Directors of NACo, Mr. Lomeli has volunteered to pay the-NACo dues from his own budget if the Board of Supervisors will agree to rejoin NACo. As long as Mr. Lomeli is willing to pay the dues from his budget, we believe there is no reason not to rejoin NACo and are therefore recommending that the Board agree to rejoin NACo on the condition that the Treasurer-Tax Collector pay the NACo dues from his already approved budget. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE X APPROVE OTHER SIGNATURE (S): ACTION OF BOARD ON November 7, 1995 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED - 7� 19(7-5 Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF CC: County Administrator Treasurer-Tax Collector SUPERVISORS AND COUNTY ADMINISTRATOR Auditor-Controller / - BY I A Pd 11DEPUTY C _-quo.- 0 National Association of Counties October 6, 1995 Mr. Alfred P. Lomeli Treasurer-Tax Collector Contra Costa County 625 Court Street, Room 100 P. O. Box 631 Martinez, CA 94553 Dear Al: This letter is a follow-up to our recent conversation regarding your status as a member of the National Association of Counties (NACo) Board of Directors for the coming year. The NACo by-laws require that any individual who serves on the NACo Board must be from a member county. Currently,your county, Contra Costa is not a member of NACo. Your participation on the NACo Board would not be limited to those issues affecting county treasurer-tax collector issues, but rather a wide range of key federal issues that are certainly important to Contra Costa County. This is especially true as the nation's counties tackle the shift of the many programs from Washington to Sacramento to Martinez. I have appreciated your interest and leadership with the County Treasurers and would like for you to continue serving NACo as well as Contra Costa County. If you need further information to share with your Board of Supervisors or CAO Phil Batchelor, don't hesitate in contacting me. Finally, for your information the dues for Contra Costa County are $13,776 for calendar year 1996. Sincerely, Tom eet, Dir2ttor Corporate Relations 440 First Street,NW Washington,DC 20001-2080 202/393-6226 Fax 202/393-2630 NACo Bylaws (effective July 25, 1995) ARTICLE I Offices The principal office shall be at 440 First Street, N.W., Washington, D.C. 20001. The association may also have an office in such other places as the board of directors may direct. ARTICLE II Objects, Purposes The purposes for which this association is formed are to stimulate the continuing improvement of county government; to serve as the national spokesman for county government; to contribute to the knowledge and awareness of county government's heritage and its future; to serve as a liaison between the nation's counties and other levels of government; and to achieve public understanding of the role of counties in the federal system. The association will seek to achieve these purposes by, among other things, the holding of conferences, the exchange of information and advice through publications of the association, and other such specific acts as may tend to benefit county government and improve the character of service to the public rendered by such government. ARTICLE III Procedures The order of business and rules of conduct shall be determined by the board of directors. In cases not covered by such rules, Robert's Rules of Order (Newly Revised) shall govern. ARTICLE IV Classes of Membership This association shall be a membership organization with no capital stock, and no dividends of pecuniary profit of any character shall inure to the benefit of its officers, members, or employees. There shall be two classes of membership in this association as follows: 1 (1) Honorary membership is automatically conferred upon any person in accordance with resolution duly adopted at any meeting of the board of directors. (2) Active members of the association shall be those county governments or other equivalent unit of local government which contribute annually to the financial support of the association in accordance with a schedule of dues or service fees adopted by the board of directors of the association. The board of directors shall not increase dues in excess of 15 percent unless and until such increases are approved at an annual business meeting by vote or if an emergency is declared by the board of directors. Dues or fees for organizations other than counties shall be subject to the approval of the board of directors. Active members shall be entitled to other such services and benefits as the board of directors shall prescribe. The words "county" or"counties" when used in these bylaws to describe members or membership shall include such other units of local government as have been accepted as active members. ARTICLE V Conferences and Meetings There shall be an annual conference of all members of this association at such time and place as shall be determined by the board of directors. All business coming before the conference shall be disposed of by a majority of the votes cast at the conference. Prior to the business meeting, a count of the number of registered votes shall be made and officially certified by the credentials committee: 25 percent of the votes registered at the conference shall constitute a quorum for the transaction of business. Upon opening the meeting, the chair,shall determine that the session is open for business and that a quorum is present. If any time during the session the question is raised whether or not a quorum is present, then a show of hands of 35 percent of those delegates present will be sufficient to require a roll call as to whether or not a quorum is present. If a determination is made that a quorum is not present, no further business may be conducted; and if a quorum is not present before the close of final business session of the convention, all unfinished business will be referred to the board of directors who shall be empowered to act thereon for and on behalf of the membership. Upon thirty days notice, including notice of the business to be considered, special meetings of the membership may be called by the president any time, with concurrence, in writing, of a majority of the board of directors. When the board of directors determine that an annual conference cannot be held, the president, with the approval of the board of directors, is authorized to establish the procedures necessary to carry out the objectives of the conference. 2 Credentials shall close by 5:00 p.m. local county convention time the day preceding the annual business meeting. ARTICLE VI Board of Directors Section 1. Membership The board of directors shall consist of persons who are elected officials of member counties or designated officials as follows: A. NACo elected officers as specified in Article VI hereof. B. One(1) elected official from an active member from each state. C. Ten (10) elected officials from active members, one(1) from each of the ten states having the highest number of votes as certified by the Credentials Committee based upon NACo membership as of 60 days before the annual meeting,provided that such state has either 50 percent of its counties as NACo members or has NACo members representing 50 percent of the state's population. Where a state, otherwise qualified, fails to meet either 50 percent standard,it shall not be eligible for an additional director under this paragraph;the state having the next highest number of votes will be elevated to the list,provided that such state meets either 50 percent standard. D. One elected county official from each state having 100 percent of its counties as members of NACo and at least forty five votes. Procedure to be Followed in the Selection of Directors in Categories B, C,•and D: 1. The state association shall submit a nomination to the NACo president for each category. Each nomination shall be submitted in a duly authorized resolution of the governing body of said state association. Such resolution shall also specify one or more persons designated to make the nomination. 2. Directors in Categories B, C. and D shall be elected annually at the association's annual conference. E. One elected official from each regional district, when authorized by the board and approved by the voting members. 3 F. One director from each affiliate, when authorized by the board and approved by the voting members. Procedure to be Followed in Selection of Directors in Categories E and F: The directors in Categories E and F will be nominated. by their respective organizations and elected by the voting members at the annual conference,, G. Ten (10) at large directors shall be appointed by the president. Prior to the. first meeting of a newly elected board, the President shall appoint ten (10) at-large directors who must be elected officials from active members of NACo, to address any perceived inequities in representation (especially female, Black, Hispanic, Native American or urban/rural). There shall be no more than one (1) at large director from any state. H. Past presidents of NACo who are still elected county officials. Section 2. Responsibility Power to establish association policy shall remain in the hands of the voting membership of the association, provided that interim policy decisions arising between annual conferences shall be made by the board of directors in the name. of the association until the next annual conference of the association. The board of directors shall have general supervision, management and control of the business and property of the association, subject to the Articles of Incorporation, to these bylaws, and to the policies established by a majority vote of the voting members of the association at the annual conference. Section 3. Executive Committee A. There shall be an executive committee which shall be responsible for the property, funds and business affairs of the association in the absence of the board of directors. The executive committee shall have and exercise all powers of authority granted by the board of directors. It shall recommend the appointment and compensation of the executive director to the board of directors. The executive committee may establish such positions and salary schedules as necessary to conduct the affairs of the association subject to the approval of the board of directors. B. The executive committee shall be composed of the association's president, president- elect, vice presidents and immediate past president. The immediate past president is the most recent past president still an elected official of an active member. C. The•president of the association is the chair of the executive committee. 4 Q D. The president may initiate conference calls between meetings of the executive committee. The members of the executive committee may participate in any meetings of the conference calls and such participation shall constitute presence in person at such meeting. E. The executive committee shall make a report to the board of directors at each meeting of the board with respect to the general state of the association, significant changes in the financial condition of the association, and actions taken in the interim period between board meetings. F. No member of the executive committee or NACo staff shall be employed by or receive any compensation directly or indirectly from any person or entity providing services to NACo. Section 4. Executive Director The board of directors upon recommendation of the executive committee shall appoint the executive director and fix the salary and other compensation related to the position. The executive committee shall establish all other terms and.conditions of the employment of the executive director. The executive director shall be chief operating officer of the association, and under the general direction of the board of directors and the executive committee, shall establish, maintain, manage, and generally control the executive office or offices of the association. He or she will do or cause to be done on behalf of the association all actions directed by the board of directors, and shall have authority generally to carry on the business of the association and to execute necessary or appropriate policies, decisions, and instructions of the board,including the approval of all contracts, vouchers, and other documents involving in any manner the disbursement of association funds, with the exception that all contracts, vouchers, loans and other actions involving in any manner the disbursement, or commitment of association funds in an excess of amount to be determined by'the board of directors, shall be approved by the president and the president-elect. Such information shall be promptly forwarded to the full audit committee. Appointment or dismissal of personnel shall be the responsibility of the executive director subject to the personnel policies adopted by the board of directors. Annually, and within 45 days prior to the annual conference, the executive committee shall evaluate the executive director and report to the board of directors. The executive director or designee shall keep all records of the association, shall take and keep minutes of all meetings of the members and the board of directors, give notice of such meetings at the direction of the president, receive all monies of the association,and record and deposit the same in approved depositories. At the close of the month, he/ she shall render a financial statement to the audit committee. 5 The executive director and secretary shall provide bond, cost to be borne by the association, payable to the association, in such amount as required by the board of directors. Section S. Vacancy Vacancies occurring in the board of directors, except for officers and Category E,F and G directors, may be filled for the unexpired term of the remaining directors, after receiving a recommendation from the state association of counties of the state where the former member of the board of directors resided. Should the board of directors choose not to appoint the individual recommended by the state association, a majority vote of the full membership of the board of directors shall be required. Vacancies in an at-large position shall be filled by the president. Should a vacancy occur in the office of president, president-elect, first vice-president or second vice-president, the officer next in line shall succeed to the vacant office. Section 6. Procedures Fifty (50) directors shall constitute a quorum for the transaction of business. The board of directors may transact business by mail ballot by voting upon specific proposals mailed to them with the approval of the president. Under such circumstances, the response of a majority of the directors shall be required. ARTICLE VII Officers The officers of the association shall be elected officials of active members: they shall consist of a president,president-elect, first vice-president,and second vice-president. The president shall be the chief executive officer and shall preside at all meetings of members, all meetings of the board of directors, and shall have the general supervision of all business of the association. He or she shall appoint all committees except the NACo audit committee. The president elect and the vice-presidents shall consult with, counsel, and advise the president. The president may assign to them areas of responsibility, e.g., membership; legislation; affiliate liaison; state association liaison; and other appropriate tasks. In the absence, disability or retirement of the president, his or her duties shall be performed successively by the president-elect, first vice-president and second vice-president. 6 ARTICLE VIII Audit Committee There shall be an audit committee consisting of three members. The term of office shall be for three years with one member being elected each year. No member shall serve for more than one consecutive term. The NACo Board of Directors shall fill any vacant position from its membership through an election at the first meeting of the new Board of Directors. In the event of a vacancy during the year,the Board of Directors whall elect a person to serve the unexpired term,. No present or former officer of the association shall be eligible to serve. The senior committee member in terms of committee service shall be the chairperson of the audit committee. The duties shall include a quarterly review of the association's finances including, but not limited to, expenditures, accounts payable, accounts receivable, cash on hand, an confirmation of payment of state, local and federal taxes and status of loans, notes, agreements, and contracts for NACo and all of its subsidiaries, sponsored in whole or in part by this association. Upon completion they shall report on their review to the NACo board of directors. They can hire staff assistance necessary to accomplish these responsibilities if approved by the Board of Directors. They shall cause an annual independent audit of the association's finances. Such auditor shall be selected by and report to the committee. As a part of the audit, the audit firm shall prepare a letter of recommendation, including comments on deficiencies observed in internal controls and ways to improve the efficiency of the operation. They shall also perform such other duties as are assigned members in these bylaws or may be assigned them by the board of directors. ARTICLE IX Annual Budget Executive Committee: The executive committee shall cause to be prepared and shall recommend to the board of directors an annual budget for the association for the ensuing fiscal year. This budget shall be presented in sufficient detail to permit an informed evaluation of the association's proposed programs and the staff and financial resources necessary to conduct these programs. The budget document shall be transmitted to the members of the board of directors at least two weeks prior to the last scheduled meeting of the board in each calendar year. 7 Board of Directors: Prior to the beginning of the new fiscal year, the board of directors shall adopt a budget as submitted or as amended by the board. Upon adoption by the board of directors, the budget shall control the expenditures of the association for the fiscal year. Amendments to the Budget: During the course of the fiscal year, the executive committee may, for cause, authorize amendments to the budget,provided that: A. Such amendments are formally adopted at a meeting of the executive committee, and B. Such amendments are submitted to the board of directors for ratification at its next ensuing meeting. At no time shall authority delegated to the executive committee to amend the budget be extended to authorize any amendment which would cause the total of all expenditures to exceed the total amount of the budget last duly adopted by the board of directors. Expenses of Officers, Directors and Staff: The budget may include sums sufficient for reimbursement of actual,reasonable expenses, as follows: Officers and Staff. For all official duties. Directors: For official duties other than attending regular meetings of the association and of the board of directors. All expense reimbursements shall be reported quarterly to the board of directors by name of payee,purpose of expense, and amount of reimbursement. No budget or budget amendments shall contain sums for the payment of salaries or other emoluments to the association's officers and directors, unless such sums are duly noted and approved by the board of directors in a special resolution. ARTICLE X Nomination and Election of Officers The president of the association shall appoint a nominating committee consisting of at least five elected officials from active member counties. At least one member should be a past president and no candidate for NACo office may be a member. The nominating committee shall serve as a screening committee to check candidates' credentials to insure that all are eligible in accordance with the bylaws of the association. The nominating committee will not recommend candidates for any contested office. 8 Nominations will be accepted from the floor of the convention. The board of directors shall make rules and regulations for candidates for contested offices. The chair of the nominating committee will be announced at the NACo legislative conference. ARTICLE XI Voting Dues are determined by action of the board of directors; timely payment of such dues shall be a requisite to exercising voting rights. Each member county government shall be entitled to one vote on every question put before the annual conference or special meetings of the membership. County governments whose population requires them to pay more than $499 in dues shall be entitled to one additional vote for each additional $500 or fraction thereof paid in the year in which the meeting is held. Dues paid shall not be more than the amount specified in the approved dues schedule. Each county shall direct which of its appointed or elected officials (delegates) shall cast its votes. Delegates must register and be qualified to vote. Subject to such rules as any member county may prescribe with regard to proxy voting of its delegates, a delegate who has received credentials may leave his proxy with a delegate from his county, or from another county in his state. Voting shall be by standing or voice vote. At the discretion of the chair or upon motion from the floor and concurrence of at least 10 percent of the delegates present, voting shall be by roll call vote of each state delegation and shall be announced by a roll call of state delegations. Any member county or counties not having an elected or appointed official in attendance at an annual conference or special meeting of the general membership may authorize the president of its state association of counties or other qualified delegate from its state to register, qualify, and vote as its delegate at such annual conference or special meeting. ARTICLE XII Committees The board of directors shall establish steering committees to study issues,make recommendations on policy positions for the American County Platform and carry out the platform. A steering committee is a committee so designated by the board. 9 All steering committees shall meet at least twice a year. Final consideration of all resolutions shall only take place at the Legislative or annual conferences or as otherwise approved by the board of directors. The president shall establish such committees as he/she may from time to time deem proper for carrying on the business of the association, provided that committees shall also be established in accordance with any resolution adopted by the members in conference assembled. The NACo board of directors shall act as a resolution committee at the annual conference. Except resolutions of courtesy, commendation, or condolence, no resolution recommending the policy position of said association or any questions shall be considered or discussed by the conference unless it has been submitted to the appropriate steering committee. The board of directors by a two-thirds vote may inititate and adopt emergency resolutions if the appropriate steering committee has not been able to meet. However, issues which clearly do not fit within the jurisdictions of established steering committees may, at the discretion of the president, be brought before the board sitting as a resolution committee. Issues which have been addressed by the board in this context may then be brought before the general membership. All resolutions to be considered shall relate to the objects and purposes of the association. No resolution shall be adopted until the opportunity has been afforded for full and free debate thereon. ARTICLE XIII Seal The seal of the association shall be circular in form and contain the following words: "National Association of Counties, Seal" on the circle and the following words within the circle: "Incorporated in the State of Delaware. ARTICLE XIV Amendments The President shall appoint a committee every four years to review and to recommend any amendments to the bylaws. These bylaws may be amended by a majority vote of all votes cast on the question, provided however, that any proposed amendment must be submitted in writing to the president of the association at least thirty days prior to the convening of the annual conference, and presented at the first general session of the conference, and voted upon at the business session. Amendments to the bylaws shall become effective upon adoption, unless otherwise specified. 10