BYLAWS
FIRST 5 NEVADA COUNTY
CHILDREN AND FAMILIES FIRST COMMISSION
Adopted by the Commission November 13, 2003
Approved by the Board of Supervisors February 24, 2004.
Article I. Name
The Commission shall be known as the First 5 Nevada County Children and Families First Commission. As used in these Bylaws, the word “Commission” means and refers to First 5 Nevada County Children and Families First Commission.
Article II. Legal Authority
The Commission is formed pursuant to the “California Children and Families First Act of 1998" as amended (hereinafter referred to as the “Act”), which was enacted by the California electorate as Proposition 10 at the November 3, 1998, general election (See Health and Safety Code sections 130100-130150 and Revenue and Taxation Code sections 30131-30131.6), Nevada County Ordinance No 1988, Section A-II 38.
Article III. Purpose
The Commission shall have as its specific purpose to promote, support, and improve the early development of children from the prenatal stage to five (5) years of age. These purposes shall be accomplished through the establishment, institution and coordination of appropriate standards, resources and integrated and comprehensive programs emphasizing community awareness, education, nurturing, childcare, social services, health care and research.
Article IV. Commission Members
A. No member of the Commission shall take any action on behalf of, or in the name of the Commission unless specifically authorized to do so by the Commission.
B. When a vacancy occurs, the Commission shall notify the Board of Supervisors to begin the process necessary to fill the position.
C. Members of the Commission shall not be compensated for their services, except they shall be paid actual and necessary cost of transportation for attending meetings and reasonable expenses incurred in discharging other official responsibilities as authorized by the Commission, subject to those limits and procedures as may apply to County officers and employees, from time to time.
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Article V. Appointment-Terms
The Board of Supervisors shall appoint, with the exception of the Board of Supervisors’ members and the Directors of the County departments who shall serve ex-officio, the members to the Commission. Initially, one of these two members shall be appointed for a one-year term, and one member for a two-year term. Thereafter, each of these two members shall be appointed for two-year terms. Each member shall serve at the will and pleasure of the Board, and may be removed at any time, without cause, by the Board of Supervisors.
Article VI. Election of Officers/ Meeting Management
A. The Commission shall elect a Chairperson and a Vice-Chairperson annually. No Commissioner may serve as Chairperson for more than two consecutive terms.
B. Election of officers shall take place in the December meeting of the
Commission. Elected officers shall assume their offices at the January meeting.
C. Any officer may be removed as an officer, either with or without cause,
by action of the Commission, at any time. Any officer may resign at any time by giving written notice to the Commission. Any such resignation shall take effect at the date of the receipt of such notice or at any later date specified therein, and the acceptance of such resignation shall not be necessary to make it effective.
D. A special election may be called in the event an officer is not able to complete his/her term of office. The newly elected person shall assume office immediately upon election.
E. The Chairperson shall:
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Preside at all meetings of the Commission.
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Call special meetings as necessary.
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Decide on all points of order. Unless two thirds of those present vote to the contrary, the Chairperson’s decision shall stand.
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Supervise the Commission staff in accordance with Article VIII; and
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In the absence of the chairperson, the Vice-Chairperson shall call and manage meetings of the Commission.
Article VII. Duties of the Commission
A. Adopt a strategic plan for the support and improvement of early childhood
development within the County of Nevada, which is consistent with and in furtherance of the California Children and Families First Act of 1998, and consistent with the guidelines adopted by the First 5 California Commission.
B. Hold at least one public hearing on the initial strategic plan prior to adoption
of the plan and submit the plan to First 5 California and the Board of Supervisors.
C. Review the strategic plan annually and revise the plan as necessary or
appropriate, after holding at least one public hearing.
D. Adopt a budget and administer the funds in the First 5 Nevada County
Children and Families Trust Fund.
E. Prepare and adopt an annual audit pursuant to Health and Safety Code
Section 130150 and conduct at least one public hearing prior to accepting any annual audit and report and issue a written report on the implementation and performance of its functions during the preceding fiscal year.
F. Exercise all powers, duties and functions of a legal public entity as defined in
Government Code Section 53051 as prescribed by the California Children and Families Act of 1998, the Board of Supervisors and First 5 California.
Article VIII. Commission Staff
Commission staff shall be employees of the Nevada County Superintendent of Schools (NCSoS), subject to the following:
A. The employer-employee relationship between Commission staff is
further defined in the interagency agreement between the Commission and NCSoS.
B. The Commission shall appoint the Executive Director, who shall serve
at the will of the Commission, under the supervision of the Chairperson.
C. All other Commission staff are hired and supervised by the Executive
Director, with approval of the Chairperson.
D. The Commission shall adopt and maintain its own staff salary schedule.
E. The Commission may adopt its own personnel policies. Until such time
as separate policies are adopted, the policies of NCSoS shall control; and
F. The Commission shall be responsible for all costs associated with the
employment of Commission staff, including but not limited to, the costs of salary,
benefits, and employer retirement contributions. The Commission shall indemnify
NCSoS for any cost, loss or liability arising from the actions of the Commission or its staff in the course and scope of their employment.
Article IX. Committees
Committees shall be appointed by the Chairperson as needed on an ad hoc or Advisory basis.
Article X. Meetings
A. The Commission shall hold at least six (6) monthly meetings annually. Meetings may be canceled by the Chairperson, or action of the majority of the members. Special meetings may be called by the Chairperson, or action of the majority of the members.
B. The Commission shall hold at least one meeting per year in Truckee.
C. A quorum shall be a majority of the total membership of the commission. A meeting may not be held unless a quorum is present at the time and place of the meeting.
D. Action may be taken by an affirmative vote of a majority of a quorum.
E. The regular meeting in December shall be considered the Annual Commission meeting for the purpose of electing the Chairperson.
F. Special meetings of the Commission may be held on call of the Chairperson or by a majority of the members.
G. Unless otherwise indicated by these Bylaws, all Commission meetings may be governed by Robert’s Rules of Order (revised).
H. All meetings shall be conducted in compliance with the Ralph M. Brown Act (Government Code Section 54950 et. seq.)
Public comment period. Any person may directly address the
Commission at the point indicated on the agenda on any item on the agenda, or
on any other items of interest to the public that is within the subject matter
jurisdiction of the commission. The Chairperson may reasonably limit the
amount of time allowed for each person to speak.
Article XI. Conflict of Interest
The Commission, its members and staff shall comply with the conflict-of-interest laws of the State of California, Nevada County Ordinance Number 1988 and the Commission’s Conflict of Interest Policy.
Article XII. Amendments
These Bylaws may be amended by a majority vote of the full Commission. Intention to amend these Bylaws, setting forth the specific amendments to be proposed, is to be made in writing at least ten days prior to the meeting. Amended bylaws shall be effective upon review and approval of the Board of Supervisors.