To: Board of Supervisors
From: Monica Nino, County Administrator
Report Title: Appointment Procedures for Independent and Advisory Bodies
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
ADOPT a resolution amending governing requirements and policies for appointments to advisory and independent bodies.
FISCAL IMPACT:
No direct fiscal impact is associated with this action.
BACKGROUND:
In 2020, the Board of Supervisors approved Resolutions 2020/1 and 2020/2. Resolution 2020/1 pertained to advisory bodies and Resolution 2020/2 pertained to independent bodies. These resolutions provided a critical reference document on various policies for advisory and independent bodies. They delineated the appointment process for District and At-Large seats and aggregated various reporting requirements, such as the Annual Report and Triennial Review. The policies outlined in these resolutions form the basis for other resources, such as the advisory body handbook. Maintaining accurate policies and governing documents is critical to transparency and public participation in County government.
Over time, the lists of applicable bodies in both resolutions have evolved necessitating an updated resolution. Key updates include:
1) Combining the advisory and independent resolutions into one resolution that covers both types of bodies.
2) Updating the list of applicable advisory and independent bodies to account for various dissolutions and formations that have occurred, resulting in additions and deletions to the list.
3) Various administrative edits and formatting changes.
CONSEQUENCE OF NEGATIVE ACTION:
The outdated resolution will continue to be in effect, and the updated resolution will not be adopted.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
IN THE MATTER OF ADOPTING A POLICY GOVERNING APPOINTMENTS TO, FORMATION OF, AND REQUIREMENTS OF INDEPENDENT AND ADVISORY BOARDS, COMMITTEES, COMMISSIONS, AND SPECIAL DISTRICTS
WHEREAS, the Board of Supervisors makes appointments to boards, committees, and commissions that are advisory to and governed by the Board of Supervisors; and
WHEREAS, the Board of Supervisors makes appointments to independent and quasi-independent bodies not governed by the Board of Supervisors; and
WHEREAS, the Board of Supervisors wishes to encourage participation of interested members of the public in the course of decisions affecting this County; and
WHEREAS, a broad representation of existing concerns and views is desired; and
WHEREAS, the Board of Supervisors finds the appointment of members of the public to independent and advisory boards, commissions, or committees to be of value in promoting civic participation;
NOW, THEREFORE, BE IT RESOLVED that the following procedures governing the formation of, and appointments to boards, commissions, and committees that are advisory to the Board of Supervisors (hereinafter “advisory bodies”) and independent and quasi-independent special districts, boards, commissions, and committees that are not governed by the Board of Supervisors (hereinafter “independent bodies”) are adopted:
I. APPLICATION
A. The advisory bodies to which this Resolution applies are listed in Exhibit A, “Advisory Bodies”, attached hereto.
B. The independent bodies to which this Resolution applies are listed in Exhibit B, “Independent and Quasi-Independent Bodies”, attached hereto.
C. This Resolution supersedes Resolutions 2020/1 and 2020/2 in their entirety.
II. LOCAL APPOINTMENTS LIST
A. In accordance with the Maddy Local Appointive List Act of 1975 (Government Code Section 54970 et seq.), the Board of Supervisors (hereinafter “the Board”) will include in the Local Appointments List prepared by December 31st of every year, a list of all regular and ongoing advisory and independent bodies that have members appointed by the Board. The Local Appointments List will be made available on the Contra Costa County website.
1. The Local Appointments List will include:
a) a list of all appointive terms that will expire during the next calendar year,
b) a list of all advisory and independent bodies whose members serve at the pleasure of the Board,
c) the name of the incumbent, if any,
d) the date of appointment for each filled seat,
e) the necessary qualifications for service in each seat, and
f) the date on which the term for the seat expires, if any.
III. APPOINTMENT PROCEDURES
A. The Board makes appointments to two types of seats on its advisory and independent bodies, including:
1. Type 1 - Supervisorial District Appointments: Applications may be delivered to either the Clerk of the Board or to the District Supervisor’s office. Applications received by a Supervisor’s office are to be sent to the Clerk of the Board, and a copy is to be retained by the Supervisor’s office. The Clerk of the Board will ensure that the Supervisor has a copy of all applications originally filed with the Clerk of the Board. The Supervisor’s office will typically place the appointment on a Board of Supervisors’ agenda for full Board action.
2. Type 2 - At Large/Countywide Appointments: Applications are sent to the Clerk of the Board. The Clerk of the Board will distribute the applications to the appropriate interviewer. With the exception of the Contra Costa County Fire Protection District Fire Advisory Commission, Planning Commission, and Treasury Oversight Committee, bodies may generally conduct their own interviews of applicants, unless provided direction by a Board Standing Committee. When an advisory or independent body conducts interviews, the body’s recommendation will typically be provided to a Board Standing Committee for further review, along with all applications received for the applicable seat. The Board Standing Committee will decide which applicants to nominate for full Board action.
B. A Board Standing Committee or an individual Supervisor may select a screening committee to assist in interviewing applicants for appointment. Membership subcommittees of advisory or independent bodies may also serve this purpose.
C. The Board shall strive to maintain a membership on advisory bodies that reflect diverse backgrounds and perspectives.
D. Except where federal, state, or county statutes or regulations dictate otherwise, or in exceptional circumstances, the following applicants generally should not be appointed to advisory or independent bodies:
1. An applicant who has a family member already serving on the same advisory or independent body.
2. An applicant who would be repeatedly required to recuse themselves from the body’s business due to a conflict of interest.
3. An applicant with any of the conflicts of interest listed in Resolution 2021/234 or its successor.
E. Except for county officers and employees serving in an official or ex-officio capacity, all advisory body members shall have specific terms of appointment as prescribed by statute or as fixed by the Board. Unless otherwise specified, appointees shall serve four-year terms, and terms should be staggered to limit the number of scheduled vacancies at any one time.
F. All Board appointees to advisory bodies and independent bodies serve at the pleasure of the Board and may be removed during their terms of office by a majority vote of the Board at its pleasure, provided that such action is consistent with conditions imposed by law.
G. An unscheduled vacancy occurs when an appointee leaves or becomes ineligible for his/her seat before his/her term expires. Unscheduled vacancies in seats on advisory and independent bodies which are appointed by the Board will be listed on the Board’s agenda within twenty (20) days after the vacancy occurs. The Board will declare the positions vacant and instruct the Clerk of the Board to post the unscheduled vacancies. The Clerk of the Board will create and post the unscheduled vacancy notice within one business day of being instructed to do so by the Board. The notice will be posted at the following locations:
1. In a conspicuous location at the Office of the Clerk of the Board; and
2. On the Contra Costa County website.
Additional outreach may be implemented by the Supervisorial District offices, and/or the advisory or independent body. Pursuant to Government Code section54974(a), the Board will not make a final appointment for a minimum of ten working days after the Clerk has posted the unscheduled vacancy notice. If the Board finds an emergency exists, it may fill the unscheduled vacancy immediately, but the appointee will only serve on an acting basis until the final appointment is made.
IV. FORMATION AND DISSOLUTION OF ADVISORY BODIES
A. The Board of Supervisors may form an advisory body for the purpose of rendering advice or recommendations to the Board on issues of importance. The Board of Supervisors may dissolve an advisory body at the Board’s discretion, consistent with conditions imposed by law. Each advisory body shall be reviewed for compliance with a variety of policies regarding agenda publication, meetings, and training. This review will occur at least once every three years pursuant to a procedure established by the Board in Resolution 2012/261 or its successor.
B. When the Board creates an advisory body, the Board may determine whether the body is required to adopt a conflict-of-interest code.
V. RESPONSIBILITIES OF ADVISORY BODIES
A. Each advisory body shall:
1. Operate within its mandate as defined in the Board Order/Staff Report, Resolution, or Ordinance creating the body and any applicable law, and may establish specifically defined objectives within its mandate.
2. Elect a chairperson and notify the Clerk of the Board of said selection.
3. Establish regularly scheduled meeting times and inform the Clerk of the Board of such schedule.
4. Subject to limitations resulting from statutory requirements or as directed by the Board, determine whether to adopt a set of operating rules (bylaws) addressing attendance requirements for continuing membership, the election of officers, and the establishment of subcommittees composed solely of current members of the advisory body. The operating rules (bylaws) shall not be operative until they have been approved by the Board of Supervisors.
5. Maintain necessary records including agendas and meeting minutes (records of action) and ensure that these documents are made available to the public upon request.
6. Comply with the Ralph M. Brown Act (Gov. Code, §54950, et. seq.) and the County’s Better Government Ordinance (County Ordinance Code Division 25).
7. Post meeting agendas on the County’s webpage, in addition to the physical posting requirements specified in the Brown Act and Better Government Ordinance at least 96 hours ahead of any regular meeting.
8. Comply with the Board’s policy against conflicts of interest, as required by state law and County policies, including but not limited to Resolution No. 2002/376 and Resolution 2021/234, or their successors.
9. Submit an Annual Report to the Board in December on its activities, accomplishments, membership attendance, required training/certification, and proposed work plan or objectives for the following year, in December. A suggested template for the Annual Report can be found in the Advisory Body Handbook or can be obtained by contacting the Clerk of the Board.
Exhibit A
Advisory Bodies
Advisory Council on Aging
Advisory Council on Equal Employment Opportunity
Agricultural Advisory Task Force
Alamo Municipal Advisory Council
Alamo Police Services Advisory Committee (County Service Area P-2B)
Aviation Advisory Committee
Bay Point Municipal Advisory Council
Behavioral Health Board
Bethel Island Municipal Advisory Council
Byron Municipal Advisory Council
Contra Costa Commission for Women and Girls
Contra Costa County Fire Protection District Fire Advisory Commission*
Contra Costa County Planning Commission*
Council on Homelessness
County Service Area P‐2A (Blackhawk Police Services) Citizens Advisory Committee
County Service Area P‐5 (Roundhill) Citizens Advisory Committee
County Service Area P‐6 (Discovery Bay Zones) Citizens Advisory Committee
Countywide Bicycle Advisory Committee
Crockett‐Carquinez Fire Protection District Advisory Fire Commission
Diablo Municipal Advisory Council
East Richmond Heights Municipal Advisory Council
Economic Opportunity Council
El Sobrante Municipal Advisory Council
Emergency Medical Care Committee
Family & Children's Trust Committee
Fish & Wildlife Committee
Hazardous Materials Commission
Historical Landmarks Advisory Committee
Integrated Pest Management Advisory Committee
Iron Horse Corridor Management Program Advisory Committee
Juvenile Justice Coordinating Council
Keller Canyon Mitigation Fund Review Committee
Kensington Municipal Advisory Council
Knightsen Town Advisory Council
Library Commission
Local Planning and Advisory Council for Early Care and Education
Los Medanos Health Advisory Committee
Managed Care Commission
Marathon Community Benefits Agreement Review Panel
Measure X Community Advisory Board
Measure X Community Fiscal Oversight Committee
North Richmond Municipal Advisory Council
Pacheco Municipal Advisory Council
Phillips 66 Community Benefits Agreement Review Panel
Racial Justice Oversight Body
Rodeo Municipal Advisory Council
Sustainability Commission
Treasury Oversight Committee*
*Interviews for the Contra Costa County Fire Protection District Fire Advisory Commission,
Planning Commission, and Treasury Oversight Committee will always be conducted by a Board
Committee.
Exhibit B
Independent and Quasi-Independent Bodies
A. Decision‐Making Bodies
Airport Land Use Commission
Alamo‐Lafayette Cemetery District Board of Directors
Assessment Appeals Board
Byron‐Brentwood‐Knightsen Union Cemetery District Board of Trustees
Contra Costa County Employees’ Retirement Association (CCCERA)*
First 5 Contra Costa Children and Families Commission
Housing Authority Board of Commissioners
Merit Board
Mosquito & Vector Control District Board of Trustees (Contra Costa County)
Resource Conservation District Board of Directors (Contra Costa County)
Tri‐Delta Transit Authority Board of Directors
Western Contra Costa Transit Authority Board of Directors
Workforce Development Board (Contra Costa County)
B. Quasi-Independent Bodies
Affordable Housing Finance Committee
Community Corrections Partnership
Community Corrections Partnership Executive Committee
Contra Costa Transportation Authority Citizen Advisory Committee
Contra Costa Transportation Authority Bicycle and Pedestrian Advisory Committee
County Connection Citizens Advisory Committee
Countywide Redevelopment Successor Agency Oversight Board*
East Bay Regional Park District Park Advisory Committee
In‐Home Supportive Service Public Authority Advisory Committee
Contra Costa Solid Waste Local Enforcement Agency Independent Hearing Panel
North Richmond Waste and Recovery Mitigation Fee Committee
Public Law Library Board of Trustees
Regional Measure 3 (RM3) Independent Oversight Committee*
*Interviews for the following will always be conducted by a Board Committee:
• Contra Costa County Employees’ Retirement Association (CCCERA),
• Countywide Redevelopment Successor Agency Oversight Board, and
• Regional Measure 3 Independent Oversight Committee.