First 5 El Dorado

Children and Families Commission

Color
Color
 


Ordinance

  
 

 

 

Pursuant to Health and Safety Code Section 130140 (a) (1), it is the policy and practice of First 5 El Dorado to adhere to the County Ordinance Passed and Adopted by the Board of Supervisors and the County of El Dorado.

 

THE BOARD OF SUPERVISORS OF THE COUNTY OF EL DORADO DOES ORDAIN AS FOLLOWS:

 

Section 1.       Chapter 8.65 is hereby added to Title 8 of the El Dorado County Ordinance Code to read as follows:

 

FIRST 5 EL DORADO CHILDREN AND FAMILIES COMMISSION

 

8.65.010 Title. This ordinance shall be known as the First 5 El Dorado Children and Families First Commission Ordinance of El Dorado County.

 

8.65.020 Findings and Purpose. The board of supervisors hereby finds as follows:

 

The voters of the State of California passed the California Children and Families First Act of 1998. The act recognizes that there is a compelling need in California to create and implement comprehensive, collaborative, and integrated system of information and services to promote, support

and optimize early childhood development from the prenatal stage to five (5) years of age.

The act further recognizes that there is a compelling need in California to ensure that early childhood development programs and services are universally and continuously available for children until the beginning of kindergarten. Proper parenting, nurturing, and health care during these early

years will provide the means for California’s children to enter school in good health, ready and able to learn, and emotionally well developed.

It is the intent of this ordinance to facilitate the creation and implementation of an integrated, comprehensive, and collaborative system of information and services to enhance optimal early childhood development.

 

This system should function as a network that promotes accessibility to all information and services from any entry point into the system. It is further the intent of this ordinance to emphasize local decision making, to provide for greater local flexibility in designing delivery systems, and to eliminate

duplicate administrative systems.

The California Children and Families First Act of 1998 provides for funding through an excise tax on tobacco products in order to implement the goals and objectives, which are outlines in the act itself. It is the further intent of this ordinance to create El Dorado County’s Children and Families

First Commission and funding through the act and to implement the goals and objectives outlined in the California Children and Families First Act of 1998.

 

8.65.030 Definitions. For the purposes of this chapter, the following words and phrases are definitions as follows:

 

A. “Act” shall mean the California Children and Families First Act of

     1998.

B. “Board” shall mean the El Dorado County Board of Supervisors.

C. “Commission” shall mean First 5 El Dorado Children and Families Commission

D. “Fund” shall mean the El Dorado County Children and Families First

     Trust Fund pursuant to Health and Safety Code section 130105.

E. “Plan” shall mean a county strategic plan adopted by the commission

     and submitted to the California Children and Families First

     Commission pursuant to Health and Safety Code section 130140.

F. “State Commission” shall mean First 5 California

 

8.65.040 Creation of Commission. There is herby created the Children and Families First Commission of El Dorado County.

 

8.65.050 Creation of Trust Fund. The Board of Supervisors hereby authorizes the creation of a local Children and Families First Trust Fund pursuant to subparagraph (A) of paragraph (2) of subdivision (d) of Section 130105 of the Health and Safety Code.

 

8.65.060 Membership of Commission. The Commission shall be appointed by the Board of Supervisors and shall consist of at least five but not more than nine members.

 

A. Two members of the Commission shall be from among the County Health

    Officer and persons responsible for management of the following County

    functions: children’s services, public health services, behavioral health

    services, social services, and tobacco and other substance abuse

    prevention and treatment services.

 

B. One member of the Commission shall be a member of the Board of

    Supervisors.

 

C. The remaining members of the Commission shall be from among the

     persons described in subpart A of this section and persons from the

     following categories: recipients of project services included in the County

     strategic plan; educators specializing in early childhood development;

     representatives of a local child care resource or referral agency, or a local

     child care coordinating group; representatives of a local organization for

     prevention or early intervention for families at risk; representatives of

     community-based organizations that have the goal of promoting nurturing

     and early childhood-development; representatives of local school districts;

     and representatives of local medical, pediatric, or obstetric

     associations or societies.

 

8.65.070 Bylaws. The Commission shall adopt and amend bylaws subject to the prior approval of the Board of Supervisors.

Bylaws, which set forth the manner of appointment, selection, or removal of members of the county commission, the duration and number of terms county commission members shall serve, and any other matters that the Board of Supervisors deems necessary or convenient for the conduct of the county commission’s activities shall be developed by the Commission within 120 days of the adoption of this ordinance and submitted to the Board of

Supervisors for approval.

 

Procedures for the conduct of business by the commission not specified in this ordinance shall be contained in bylaws adopted by the commission, and the Board of Supervisors.

 

8.65.080 County Strategic Plan. The commission shall adopt an adequate and complete Strategic Plan for the support and improvement of early childhood development within the County.

A. The Plan shall be consistent with, and in furtherance of the purposes

     of, the Act and any guidelines adopted by the state commission

     pursuant to subdivision (b) of Section 130125 that are in effect at the

     time the plan is adopted.

 

B. The Plan shall, at a minimum, include the following: a description of

     the goals and objectives proposed to be attained; a description of

     the programs, services and projects proposed to be provided,

     sponsored, or facilitated; and a description of how measurable

     outcomes of such programs, services and projects relating to early

     childhood development within the County will be integrated into a

     consumer-oriented and easily accessible system.

 

C.  Commission shall measure the outcomes of its funded programs through the use of applicable, reliable indicators and review that information on a periodic basis as part of the public review of its county strategic plan.

 

D. The commission shall conduct at least one public hearing on the

     proposed county strategic plan prior to the adoption of the plan and

     any subsequent revisions to the plan.

 

E.. The commission shall, on at least an annual basis, review the Plan

     and revise the Plan as may be necessary and appropriate.

 

F.. The proposed Plan, and any subsequent revisions to the Plan, shall

     be submitted to the Board of Supervisors for approval, prior to

     submission to the State Commission.

 

G.. The commission shall submit its adopted Strategic Plan and any

    subsequent revision thereto, to the State Commission.

 

8.65.100 Annual Audit and Report: Public Hearing. The commission shall prepare and adopt an audit and report pursuant to Section 130150 of the Health and Safety Code. The Commission shall conduct, prior to November, annually, at least one public hearing prior to adopting any annual audit and report.

 

8.65.110 Conflict of Interest:  Commission shall adopt in a public hearing, policies, consistent with state law, regarding conflict of interest of commission members and commission contracting and procurement policies.

 

8.65.120 Public Hearing on State Commission’s Annual Report. The commission shall conduct at least one public hearing on the annual report prepared by the State Commission pursuant to subdivision (b) of Section 13050 of the Health and Safety Code.

 

8.65.130 Operating Budget Percentage: Commission shall adopt in a public hearing, a limit on the percentage of the county commission’s operating budget that may be spent on administrative functions, pursuant to guidelines issued by the state commission (Assembly Bill 109, Chapter 284, Statues of 2005.

 

8.65.140 Other Functions. The commission shall perform such other functions as required by applicable state law or regulations, and shall carry out all of its functions in accordance with applicable laws and regulations, including the Ralph M. Brown Act.

 

8.65.150 Compensation. The members of the commission shall serve without compensation, but may receive actual and necessary expenses as are incurred in carrying out their duties.

 

8.65.160 Commission Staff Compensation, Commission shall adopt in a public hearing, policies and processes establishing the salaries and benefits of employees of the county commission.  Salaries and benefits shall conform to established county commission or county government policies.

 

 

8.65.170 Amendments to Ordinance. This Ordinance may be amended from time to time as deemed necessary and appropriate by the board in accordance with the act.

 

8.65.180 Severability. If any portion or provision of the act or this ordinance is for any reason held to be invalid or unconstitutional, such shall not affect other provisions or applications of the ordinance which can be given effect without the invalid or unconstitutional provisions or applications thereof, and to this end, the provisions of this ordinance are severable.

 

Section 2. This act is an urgency ordinance necessary for the immediate preservation of the public peace, health or safety within the meaning of Government Code section 25123 and shall go into immediate effect. The facts constituting the necessity are:

 

State funding resulting from the passage of Proposition 10 (California Children and Families First Initiative), for early childhood development and smoking prevention programs, begins accruing on January 1, 1999. Section 130100 of the Health and Safety Code requires that the county enact

an ordinance creating a County Commission to oversee the expenditure of allocated revenue, prior to January 1, 1999, in order for the county to receive funding. Failure to enact the ordinance by such date, places the county in jeopardy of losing all or part of the county’s share which accrues after January 1, 1999, result in the delay of the provisions of new early childhood development and smoking prevention programs, which would have a detrimental effect on the health of the citizens of El Dorado County, particularly the children.

 

 

 

 

 

PASSED AND ADOPTED by the Board of Supervisors and the County of El Dorado at a regular meeting of said Board held on the 8th day of December 1998.