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HomeMy WebLinkAboutMINUTES - 01282003 - SD3 a w` TO: BOARD OF SUPERVISORS " ' ! COSTA FROM: Supervisor Donna Gerber COUNTY DATE: January 15, 2003 SUBJECT. Reorganization of the Contra Costa County advisory Council on Domestic Violence (ACAD)as an Advisory Council to the Board of Supervisors. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION R EC 0 M MEN2ATIOR St: '1 e ACCEPT the background report from the Contra Costa Advisory Council Against Domestic Violence (ACAD) and AGREE to reorganize ACAs under the auspice of the Board of Supervisors. 2. ACKNOWLEDGE that reorganizing ACAD as ars Advisory Council to the Board is consistent with the overall goals of the County's "Zero Tolerance for Domestic Violence" initiative, which seeks to eliminate domestic/family violence and elder abuse in the County. 3. ADOPT and APPROVE the ACAD By-Laws as specified in Attachment 1. 4. ACKNOWLEDGE that the Open Meeting (Brown) Act requirements, the Better Government Ordinance and Board Policies on the formation and appointments to Board advisory bodies apply to ACAD. 5. DIRECT" the ACRD to provide an annual status report on its activities to the Family and Human services Committee annually, commencing in October 2003 and an annual report to the Board of supervisors in accordance with Resolution No. 20021377. FISCAL IMPACT: A portion of the dost for staffing ACAD may be borne by the funding provided under AB 425/Resolution No. 2001/559, which provides for coordination of the County's domestic/family violence and elder abuse efforts. Additional staff time which represents an ire-kind cost to the County include time spent by County staff (County Administratoes Office, Clerk of the Board and County Department) participating in ACAD and additionalstaffing needs for such a large advisory body. CHILDREN'S DEWS IMPACT STATEMENT; The Advisory Council on Domestic Violence primarily supports four of Contra Costa's community outcomes ("Children Ready'for and succeeding in school", "Children and Youth Healthy and preparing for Productive Adulthood", "Families that are safe, stable and Nurturing" and "Communities that are Safe>'and provide a High Equality of Life") by providing a forum for collaboration and cross-agency participation that has produced (for example) draft protocols for last enforcement response to domestic and family violence police calls. ACRD supports and receives reports from the County's Domestic Violence Death Review Team, promotes community education about the importance of preventing violence and abuse through prevention and early intervention programs, and convenes subcommittees to address the most pressing issues affecting victims, elders, children and 'batterers. CONTINUED ON ATTACHMENT., _X-YES SIGNATURE- RECO ME&ATION of CoUNT 4' NISTRATOR�RECOMMEND ATIONO BOARD COMMITTEE APPROVE „ �OTHER SIGNATURE(S): ]�& A GERBER ACTIPW of BOARD ON JaJARy 28M APPROVED AS RECOMMENDED �X oTHER VOTE'OF SUPERVISORS A I HEREBY CERTIFY THAT THIS IS A �* UIdA€ II#lo s(A aEI T y t TRUE AND CORRECT COPY OF AN AYES koE$: ACTION TAKEN AND ENTERED ASSENT, ABSTAIN: ON MINUTES OF T 14E BOARD OF SUPERVISORS ON TIME DATE SHOWN. ATTESTED4 ,. JOHN S ETEN,CLERK of THE BOARD OF;.S€9PERVISORS AND COUNTY ADMINISTRATOR sic: CAO-Devorah Levine ii Superfcr Cou P IdIn2 Judge **I 45WK r. . 3 , BY /s', DEPUTY LM Og NTAL Based on careful consideration of several organizational models currently being utilized by other Cou nties in California, tie meinbersIllp of Me Contra Costa Advisory Cout7cgl gainst DOMOS C VjoIe#7 (ACAD)requests tfiatACAD be transferredinansferred under tile usp s Of d10 C011&3 Costa C.ounty0cerdofSupervisors. ACAD further recommends and requests that responsibility for coordination of the Council be assigned to the"Zero Tolerance for Domestic Violence Initiative"' Coordinator in the County Administrator's Office. The Employment and Human Services Department's Children and Family Services Bureau has agreed to assist with the Council's administrative reeds during the transition. Section 14140 of the Penal Code authorizes each County to establish an advisory council focused on issues of domestic violence, This Code Section permits each local jurisdiction to determine the leadership structure of its council, In June of 1995, the Contra Costa Board of Supervisors established its domestic violence advisory council under the auspices of the Superior Court, with Commissioner Josanna Berkow as Chair. ,For the past 7 years this Advisory Council Against Domestic violence (ACAD) has operated successfully in Contra Costa County. ACAD's accomplishments include; m**o Providing a mechanism for inter-disciplinary information sharing; Creating a uniform reporting mechanism for law enforcement involvement in domestic violence cases; Creation of a domestic violence death review team, and Sponsorship of annual, interdisciplinarydomestic violence conferences. In July 2002,the ACRD membership were informed by the presiding judge of the Superior Court that as of January 1, 2003 the Courts will no longer be able to provide leadership to ACAD. This determination was made to ensure the real and perceived impartiality of the legal system in the handling of domestic violence cases, Following this notification, the Executive Committee and membership of ACAD met to review alternative organizational models to present to the ward of Supervisors. ACAD's Executive Committee basad their review of potential configurations for the Council on the following criteria for selecting an alternative organizational model: 4- Leadership of the Council must be, and be perceived, as objective and impartial; and 4- Leadership of the Council must have sufficient authority to foster the participation of diverse membership, including multiple County Departments, noel-County services such as municipal lava enforcement agencies, medical providers, noxi-profit service providers, batterer's treatment programs, etc. ACAD's Executive Committee researched and considered three possible organizational structures, all of which are or have been utilized in other California Counties. Listed below are the options considered and the reasons for the Executive Committee's recommendation to the membership on continued organization of the Council: independent Ston t 501(c)(3); This model was utilized for a period of time in San Diego County. San Diego County's DV Council subsequently decided to function as a collaborative and has no specific lead agency or oversight. The County Health and Human Services Agency and City of San Diego provide inm lnd staff and technical support for coordination and web site. In reviewing the 501(c)(3) model, the Executive Committee determined that this model did not meet the "sufficient authority"criteria noted above, Additionally, based on San Diego's experience,the Committee did not recommend this model due to the necessary time and financial resources that must be available to make this an effective model. This model also sets up a situation where existent service prodders could find themselves in competition for limited funding resources with ACAD. cowify0epartment A few California'Counties have organized their domestic violence council under an existing County department, primarily law enforcement or probation. Upon examination of this model the Executive Committee determined that this model did„Pot meet the criteria either for"Impartiality'or"sufficient authority." Given the law enforcement perspective of each of these departments, the Committee believes that"batterer`s treatment"programs might contest the objectivity of leadership under this system. Additionally, it would be difficult for any department in the County to hold"sufficient authority"to require the active participation of other County departments or non-County members. County Board of SvperWsory Other California Counties operate their councils as an advisory body to their County Board of Supervisors, This model was determined to best meet both the"Impartial"and"sufficient authority"criteria,and to best serve Contra Costa County's organizational needs in addressing domestic/family violence and elder abuse for the following reason's. ASD R & tion«- maond and A d� ts t > The'Board of Supervisors reprints all the citizens of the County and regularly receives input and recommendations on a vide variety of issues both directly and indirectly related to domestic and family' violence and elder abuse. > The Board can utilize recommendations and input from ACRD to assist in snaking important policy decisions for developing, funding and implementing programs and services. > The ward of Supervisors has authority over County Departments with direct responsibility for many aspects of response to domestic and family violence and elder abuse. The Board regularly provides forums and mechanisms for collaboration and integration of services across systems, working with cities, local/state/federal agencies, citizen and community organizations and others. The Board actively supports system-building efforts that encourmge collaboration and accountability. > The Contra Costa Board of Supervisors is the only county in California that has taken a leadership role in addressing the issues of domestic and family violence and elder abuse by declaring a policy of"Zero Tolerance for Domestic Violence", providing funding and establishing accountability criteria for a variety of supports and services to help eliminate the problem, and successfully pursuing legislation to centralize coordination of the County's domestic/family violence and elder abuse efforts in the Count] Administrator's Office. ADDENDUM SD.3 January 28, 2003 On this date, the Board ACCEPTED the background report from the Contra Costa Advisory Council Against Domestic Violence (ACRD) and AGREED to reorganize (ACRD) under the auspices of the Board of Supervisors; ACKNOWLEDGED that reorganizing (ACRD) as an Advisory Council to the Board is consistent with the overall goals of the County's "Zero Tolerance for Domestic Violence" initiative, which seeks to eliminate domestic/family violence and elder abuse in the County; ADOPTED and APPROVED the (ACRD) By-Laws as specified; ACKNOWLEDGED that the Open Meeting (Brown) Act requirements, the Better Government Ordinance and Board Policies on the formation and appointments to Board advisory bodies apply to (ACRD); and DIRECTED the (ACRD) to provide an annual status report on its activities to the Family and Human.'Services Committee annually, commencing in October 2003, and an annual report to the Board of Supervisors in accordance with Resolution No. 2002/377. The Board discussed the history of the issue and made a motion as follows: • ACCEPTER the background report and submitted revisions to the by-laws from the Contra Costa Advisory Council against Domestic Violence (ACRD) and agreed to the reorganization of(ACRD) and ® REQUESTED Internal Operations Committee to determine if five of the proposed seats should be defined at"At Large"as proposed by(ACRD), or"District" seats. CONTRA COS' ` . COUNTY ADVISORY COUNCIL AGAINST DOMESTIC VIOLENCE 1. Name The name of this advisory body to the Contra Costa Board of Supervisors shall be the"Contra Costa County Advisory Council Against Domestic Violence",hereafter referred to as "ACRD." 11. Purpose (Mission Statement) 'Where is hereby established an Advisory Council Against Domestic Violence. The general purpose of ACAD shall be as follows: A. Deduce and prevent the overall number of incidents of domestic violence in Contra Costa by, promoting a coordinated, integrated, systenn-wide response to domestic violence, family violence and elder abuse. B. Address issues related to victims,perpetrators, and children. C. provide a forum for communication and information exchange among providers of domestic violence services in an effort to encourage and stimulate expansion of best or premising practice within the field, D. Assess current responses to domestic violence and rakes policy recommendations. ill. Membership The membership ofACAD shall consist of thirty-seven(37)members. The Council shall be composed of the agency head or designee of each of the following entities A. Ex-Officio Members— Contra Costa County Superior Court Contra Costa County public Defender Contra Costa County District Attorney Contra Costa County Sheriff's Department Contra Costa County Employment and Human Services Department Contra Costa County Department of Health Services Contra.Costa County Probation Department County Administrator's Office Antioch Police Department Brentwood Police Department Clayton Police Department Concord Police Department Danville Police Department El Cerrito Police Department Hercules Police Department Moraga Police Department Oakley Police Department Pinole Police Department Pittsburg Police Department ...... ..........._....11.11_...... . . _. _....__._.........._.... ........ ......._... .......... ......... ......... ........ ......... Pleasant Hill Police Department Richmond Police Department San Pablo Police Department Walnut Creek police Department California Highway Patrol Contra Costa/Alameda Hospital Association Bay Area Legal Aid STAND! Against Domestic Violence Community Violence Solutions Certified Batterer's Intervention Programs Elder Abuse Prevention Contra Costa.County Bar Association Centra Costa Interfaith Sponsoring Committee E. At Large Members f53-- C. I embershig Requirements In order to reflect the diverse ethic and racial makeup of the persons and families in the community, each member must reside or work in Contra Costa County. If a member's work status or residence changes, they must notify ACAD in writing, within 30 days of their change in status. The chair will review the change of stats and determine if the member is stili eligible for membership according to these by-laws. If they are found to be ineligible, the member will be asked to resign his/her position.. D. Responsibilities of Membership 1. Have an interest in and commitment to the mission and goals of AGAR!. 2. Demonstrate a knowledge of domestic violence prevention and intervention services in Contra Costa County and an interest in and commitment to improvement of those services. 3. Attend ACAD meetings. 4. Attend annual training conference. E. Resignation Any member who desires to resign their position with ACRD must do so in writing and file it with the Chair and Secretary of ACRD. IV. Organization A. Executive Committee: The Executive Committee has primary responsibility for approving and moving recommendations forward to the Board of Supervisors. The purpose of the Executive Committee is to ensure coordination of efforts across all ACAD committee activities. The Executive Committee is comprised of- 1. f1. Chair 2. Vice Chir 3. Secretary 4. Subcommittee Chairs B. Subcommittees: The purpose of the Subcommittees is to reduce and prevent domestic violence in Centra Costa County by enhancing the response of primary service providers. Subcommittees are: I. Legislation 2. Police/Victim Relations ACAD By-Laws 1121103 2 3. Court Services 4. Batterer's Intervention Programs 5. Health Systems 6. Response Data V. Officers The officers of ACAD shall be the Chairperson, Vice-Chairperson, and Secretary. VI. Duties of Officers It shall be the duty of the chairperson to preside at all meetings. In the absence or disability of the chairperson, the vice=-chairperson shall assume the duties of the chairperson. Should both senior officers be unavailable, the secretary shall preside. The secretary shall keep the minutes of all meetings, or may designate who shall do so, with the approval of the Chair. The secretary shall send all notices of meetings and/or agenda, attend to correspondence and send out publicity as directed, or may designate who shall do so with the approval of the Chair. 'SII. Elections/Terms A. ACRD: I. Ex-Officio Members' terms do not expire. At-large Members shall serve for a term of two calendar years. Any vacancies during the term of the At-large Member shall be filled for the remainder of that two calendar year term. At-large Members may verve more than one two year term if reappointed. 2. ACAD shall elect its officers every two years, at the last meeting of each even numbered' calendar year. 3. New officers shall assume their duties at the first meeting of the calendar year following their election.. 4. Officers shall serve for a term of two years. Any vacancies during]the term of the officer shall be filled for the remainder of that two calendar year term. Officers may serve more than one two year term if re-elected. 5. Should an officer resign:, the vacancy will be filled by election at the nest regular meeting. 6. Ex-officio Members with two absences in a calendar year may be removed from membership by a majority vote of the general membership. At-large members with two absences in a calendar year may be recommended to the Board for replacement by a majority vote of the general membership. 7. Vacancies will be filled per the Daddy Local Appointive List Act of 1975. B. Subcommittees: 1. The Council elects subcommittee Chairs, 2. Subcommittee Chairs recommend members for their respective Subcommittees to the Council Chair. 3. The Chair designates the Subcommittee members, strongly considering the recommendation of the Subcommittee Chair. Any conflicts shall be resolved by a discussion and vote of the Executive Committee. ACAD By-Lases 1/21/03 3 V111. Duties of ACAS) The general duties of ACAD shall include hosting the annual training conference and providing recommendations to the Board of Supervisors and other appropriate policy-makers to; A. improve coordination and cooperation among all sectors of the domestic/family and elder abuse response and service system. B. Support and recommend improvements for programs and activities advising the public as to remedies available from the courts and lave enforcement and procedures for accessing appropriate system.interventions. C. Support the development and maintenance of programs designed to address issues related to domestic/family violence and elder abuse victims,perpetrators and children. D. promote public education concerning domestic/family violence and elder abuse, its causes and impacts on families and the community; heighten public awareness of the magnitude of the problem; and dispel myths concerning the same. E. Provide an ongoing forum for consensus and resolution of domestic/family violence and elder abase issues. F. Form subcommittees to assist in the planning,policy, goal and priority,recommendations and such other functions as ACAD deems necessary. G. Promote ongoing and expanded cross-training among the various disciplines that address domesticlfa ily violence and elder abuse issues. Executive Committee Duties: A. Set ACAD agendas. B. Determine program or policy goals. C. Consider and approve recommendations and reports to the Board of Supervisors. Executive Committee Goals: A. Work towards a coordinated,integrated system-wide response to domestic/family violence and elder abuse. B. Establish and support subcommittees to facilitate a working forum for interaction and information exchange among agencies dealing with the victims and agenciesdealing with perpetrators of domestic/family violence and elder abuse. C. Identify and analyze the components of current responses to domestic/family violence and elder abuse`,monitor, as directed, policy changes recommended by ACAD to the Board of Supervisors and other policy-makers. Subcommittees Duties: A. Make specific recommendations to the Executive Committee to reduce and prevent domestic/family,violence and elder abase in Contra Costa County. ,Subcommittees Goals: A. Work towards a coordinated,integrated system-wide response to domestic/family violence and elder abuse. B. Provide a working forum for interaction and information exchange among agencies dealing with the victims and perpetrators of domestic/family violence and elder abase. ACAD By-laws 1121103 4 ......... ......... ......... ......... ......... ......... .11.1.1 .......1.1.11 .1.1.......1 ............ ......... ......... ........._... .......... ......... ......... ......... ......... C. Identify and analyze the components of current responses and recommend changes to the Executive Committee/ACAD as appropriate. IX. Meetings A. ACAD meetings shall be held at least once per quarters with the Annual Training Conference constituting the Fall Quarter meeting. B. A quorum must be present for any vote on utters before ACAD to be valid.. A quorum shall be defined as 30%of designated voting representatives as defined in the member section. C. All meetings of ACRD shall be open to the public and all interested persons shall be permitted to attend meetings. Time shall be set aside for limited public comment on items not on the posted agenda. D. A Notice of the meeting, with an attached agenda, shall be pasted in a public notice area not less than ninety-six(96) hours prior to the meeting,pursuant to the Brown Dict and the Better Government Ordinance. X. By-laws/Amendments These lay-laws will govern ACAD membership, organization and meetings of the ACAD. These by- laws may be amended at any regular ACRD meeting,a quorum being present,with prior notice to the membership. XI, Annual Training Conference ACRD shall coordinateand sponsor an annual training conference, the cost of which shall be paid through registration fees for expenses, and in-kind staff time for planning as approved by individual' agency members. Xffa Annual Objectives Council shall review and adopt objectives annually at the first meeting of the calendar year. Xffl€v Reports to the Board of Supervisors ACRD shall submit a status report on the activities of ACRD as directed,but no less frequently than annually, to the Family and Human Services Committee of the Board of Supervisors, In addition, ACAD shah submit an annual report to the County Board of Supervisors in accordance with Section:IV of Resolution No. 2002/377(6/18/02) ACAD By-caws 1121103 5