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HomeMy WebLinkAboutMINUTES - 06211994 - 1.81 1 . 81 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 21, 1994 by the following vote: AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers NOES: None ABSENT: None ABSTAIN: None SUBJECT: Grand Jury Report No. 9409 of the 1993-1994 Contra Costa County Grand Jury on Selection and Appointment Process of Contra Costa County' s Boards and Commissions . IT IS BY THE BOARD ORDERED that the Grand Jury Report No. 9409 of the 1993-1994 Contra Costa County Grand Jury on Selection and Appointment Process of Contra Costa County' s Boards and Commissions is REFERRED to the County Administrator and the Internal Operations Committee. iiereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Sups * ors on the date shown. ATTESTED: PHIL B CHELOR,Clerk of the Board o pervlnd County Administrator By —,-C,-IT _7 j _J A� p .Deouty CC : County Administrator Internal Operations Committee County Counsel Grand Jury ,a i gI A REPORT BY THE 1993-94 CONTRA COSTA COUNTY GRAND JURY 1020 Ward Street Martinez, CA 94553 (510) 646-2345 Report No. 9409 SELECTION AND APPOINTMENT PROCESS OF CONTRA COSTA COUNTY'S BOARDS AND COMMISSIONS ". a vast and largely untapped reservoir of talent exists among the citizenry of the State of California . . ." The !daddy Act of 1975 v Approved by the Grand Jury: pF �o. 4� Date: v / J h M. Mullin rand ury Foreman Accepted for Filing: DaJ, ichard E Arnason udge of the Superior Court SECTION 933 (C) OF THE CALIFORNIA PENAL CODE §933. Comments and Reports on Grand Jury Recommendations, (c) No later than 90 days after the grand jury submits a final report on the operations of any public agency subject to its reviewing authority, the governing body of the public agency shall comment to the presiding judge of the superior court on the findings and recommendations pertaining to matters under the control of the governing body, and every elective county officer or agency head for which the grand jury has responsibility pursuant to Section 914.1 shall comment within 60 days to the presiding judge of the superior court,with an information copy sent to the board of supervisors, on the findings and recommendations pertaining to matters under the control of that county officer or agency head and any agency or agencies which that officer or agency head supervises or controls. In any city and county, the mayor shall also comment on the findines and recommendations. All such comments and reports shall forthwith be submitted to the presiding judge of the superior court who impaneled the_ grand jury. A copy of all responses to grand jury reports shall be placed on file with the clerk of the public agency and the office of the county clerk, or the mayor when applicable, and shall remain on file in those offices. One copy shall be placed on file with the applicable grand jury final report by, and in the control of the currently impan- eled grand jury, where it shall be maintained for a minimum of five years. Leg.H. 1961 ch. 1284, 1963 ch. 674, 1974 chs. 393, 1396, 1977 chs. 107, 187, 1980 ch. 543, 1981 ch. 203, 1982 ch. 1408 §5, 1985 ch. 221 §1, effective July 12, 1985, 1987 ch. 690 §1, 1988 ch. 1297. Cross-References Admissible evidence. Penal Code §939.6. "Grand jury" defined. Penal Code §888. Grand jury report to be based only on own investigation. Penal Code §939.9. I SCOPE OF INVESTIGATION The 1993-94 Contra Costa County Grand Jury, in this report, addresses its . concerns regarding the composition of Contra Costa County's appointed boards and commissions. This investigation focuses on the recruitment and selection process for filling vacancies on boards and commissions. Better representation through more diverse and multi- cultural membership promises more responsive government. FINDINGS 1. There are over 100 boards and commissions existing within Contra Costa County whose purpose, in most cases, is to research policy questions and issues for the Board of Supervisors. 2. Government Code, Chapter 11, beginning with Section 54970 (Maddy Act of 1975) , directs the County to publish, on or before December 31st of each year, the terms of appointed members on boards and commissions that expire in the coming calendar year. 3. For Contra Costa County, a current membership list for boards and commissions is the responsibility of the County Administrator. 4. This membership list is frequently incomplete and out of date. 5. This membership list contains insufficient research data regarding general information to understand ethnic, gender, and physically- challenged compositions on Contra Costa boards and commissions. 6. Maddy Act language does not prohibit Contra Costa County from implementing affirmative action strategies to assure broader representation. 7. Previously untapped human resources are readily-available to serve on and better diversify Contra Costa County's boards and commissions. 8. No uniform methods exist to acknowledge receipt of applications, or the status of appointments, to Contra Costa County boards and commissions. 9. Selection committees often do not represent Contra Costa County's ethnic, gender, and physically-challenged mix and frequently do not consider for selection a cross-section of the community served. 10. Contra Costa County's marketing approach and public information strategy for recruitment and community outreach is not linked to a diverse applicant pool and remains untested for effectiveness. 11. Key selection criteria is not codified and often includes factors such as familiarity and acquaintanceship with members of the appointing authority. 1 12 . Multi-cultural organizations in the community are readily- available to assist in the County's recruitment process. 13. County employees with self interests and personal agendas frequently serve as voting members on boards and commissions. 14. Boards and commissions in Contra Costa County have no written policy regarding limitation of terms of service. CONCLUSIONS 1. Implementation of the Maddy Act, as legislated, is deficient because it fails to achieve diverse representation on boards and commissions. 2 . The current make-up of the County's many boards and commissions has not taken advantage of the "vast and largely untapped reservoir of talent" that exists in Contra Costa County. 3. Lack of an effective outreach policy has made it difficult to adequately inform and encourage the public to apply for vacancies which occur on boards and commissions. 4. Representation on boards and commissions is inappropriately controlled, often at the selection committee level, thus ensuring the continual under-representation of segments of the community. 5. Lack of a procedural method that acknowledges receipt of applications and the status of appointments hampers and discourages many members of the community from participating on boards and commissions. 6. By setting selection criteria based on personal relationships and blind trust, patterns and practices develop that impede under- represented populations from serving in membership and leadership roles in boards and commissions. 7. The appointment of County employees with self ' interests and personal agendas as voting members on board and commissions gives County government undue influence in appearance and in fact, that leads to decision making that was not in the best interests of the community. 8. The absence of a written policy on term limits for boards and commissions in Contra Costa County discourages community participation for an adequate applicant pool. 2 RECOMMENDATIONS The 1993-94 Contra Costa County Grand Jury recommends that the Board of Supervisors: 1. Immediately eliminate a major barrier in the existing selection process by ceasing the practice of using close relationships of applicants with the appointing authorities as a key factor in selecting representatives for boards and commissions. 2. Within sixty (60) days, declare by board resolution a reaffirmation of the spirit and intent of the Maddy Act, and issue an order to all boards and commissions that they strictly adhere to the principles of inclusion and broad community representation as intended by the Maddy Act. , 3. Within sixty (60) days, issue a policy limiting county employees who serve on boards and commissions to non-voting staff roles. 4. Within sixty (60) days, develop and issue in writing communication methods that will, in a courteous and timely manner, acknowledge the receipt of each application and the status of each appointment to boards and commissions. 5. Within sixty (60) days, develop constructive and legal methods to survey and report the ethnic, gender, and physically-challenged representation on boards and commissions; and to instruct the County Administrator to publicly present the reports to the Board of Supervisors each calendar quarter. 6. Within sixty (60) days, produce and effect written policy requiring each supervisorial district to assure that: a. Board and commission selection committee members reflect the ethnic, gender, and physically-challenged make-up of each district; and b. Each supervisor search out and then coordinate with multi- cultural and other community organizations in his/her district for assistance in community-wide outreach and recruitment tactics. 7. Immediately implement a policy clearly stating the limits of service on boards and commissions to allow a larger number of individuals the opportunity to participate. 3