To: Board of Supervisors
From: Internal Operations Committee
Report Title: 2023 Annual Report of the Internal Operations Committee and Disposition of Referrals
☒Recommendation of the County Administrator ☒ Recommendation of Board Committee
RECOMMENDATIONS:
1. ACCEPT the 2023 Annual Report of the Internal Operations Committee (IOC) of the Board of Supervisors.
2. RECOGNIZE the excellent work of the County department staff who provided the requisite information to the IOC in a timely and professional manner, and members of the Contra Costa community and private industry who, through their interest in improving the quality of life in Contra Costa County, provided valuable insight into our discussions, and feedback that helped us to formulate our policy recommendations.
3. CONTINUE the following referrals 2024 IOC: (2) County Financial Audit Program, (3) Annual Report on Fleet Internal Service Fund and Disposition of Low Mileage Vehicles, (5) Advisory Body Recruitment, (6) Process for Allocation of Propagation Funds by the Fish and Wildlife Committee, (7) Advisory Body Triennial Review, and (8) Animal Benefit Fund Review, (10) Racial Justice Oversight Body Dysfunction, (11) Review of Proposed Updates to the County’s Administrative Bulletins , (12) Managed Care Commission Bylaws Update, (15) TikTok Ban, and (16) Triennial Review of Countywide Purchasing Programs and Policies.
4. REASSIGN the following referral from the Internal Operations Committee to the Equity Committee: (1) Department Performance Under the Small Business Enterprise and Outreach Programs, (4) Results of the Local Bid Preference Program, and (9) Language Interpretation Services for Public Meetings.
5. TERMINATE the following referrals: (13) Arts Council Contract and (14) Implicit Bias Training for Advisory Body Members.
FISCAL IMPACT:
None.
BACKGROUND:
The 2023 Internal Operations Committee (IOC) was composed by Supervisor Candace Andersen, who served as Chair, and Supervisor Diane Burgis, who served as Vice Chair. During 2023, the Internal Operations Committee (IOC) met 10 times, worked on 15 referrals, made 19 reports to the Board, interviewed applicants and made recommendations to fill 25 seats for certain advisory bodies whose composition requirements must be monitored.
Our Committee appreciates the time and effort of County staff who prepared reports and analyses for Committee discussion, the valuable time and input of the many County residents who attended our meetings, and the efforts of the staff to the Board’s advisory bodies to recruit, screen, and nominate individuals to our Committee for approval and appointment by the Board. Their efforts in this regard allowed the IOC to focus more of its time on the following subjects:
1. Small Business Enterprise (SBE) and Outreach Programs. The IOC accepted two performance reports from the Purchasing Services Manager, together covering the period July 1, 2022 through June 30, 2023, and reported out to the Board of Supervisors on April 18 and November 7, 2023. In its November 7 report, the IOC made several recommendations, based on input received from the Advisory Council on Equal Employment Opportunity, to improve public awareness of the County’s procurement programs, including changing the SBE program threshold from $100,000 to $200,000. These recommendations were approved by the Board and, in deference to the County’s new Office of Racial Equity and Social Justice (ORESJ), the Board decided to reassign oversight of the Small Business Enterprise and Outreach programs performance and outcomes from the IOC to the Board’s Equity Committee, which receives staff support from the ORESJ. Consequently, it is recommended that this matter be removed from items on referral to the IOC. REASSIGN TO EQUITY COMMITTEE
What remains on referral to the IOC is a triennial review of County purchasing policies (see referral #16).
2. County Financial Audit Program. Since 2000, the IOC reviews, each February, the annual schedule of audits and best practices studies proposed by the Auditor-Controller. The Auditor-Controller’s Office presented a report of its 2022 audit work and proposed 2023 Audit Schedule to the IOC on March 13, 2023, which the IOC accepted and approved, and reported to the Board on March 21, 2023. This is a standing referral. MAINTAIN
3. Annual Report on Fleet Internal Service Fund and Disposition of Low Mileage Vehicles. Each year, the Public Works Department Fleet Manager analyzes the fleet and annual vehicle usage and makes recommendations to the IOC on the budget year vehicle replacements and on the intra-County transfer of underutilized vehicles, in accordance with County policy. In FY 2008/09, following the establishment of an Internal Services Fund (ISF) for the County Fleet, to be administered by Public Works, the Board requested the IOC to review annually the Public Works department report on the fleet and on low-mileage vehicles. The IOC received the 2021/22 fleet report on March 13, 2023 and reported out to the Board of Supervisors on March 21, 2023. This is a standing referral. MAINTAIN
4. Local Bid Preference Program. In 2005, the Board of Supervisors adopted the local bid preference ordinance to support small local businesses and stimulate the local economy, at no additional cost to the County. Under the program, if the low bid in a commodities purchase is not from a local vendor, any responsive local vendor who submitted a bid over $25,000 that was within 5% percent of the lowest bid has the option to submit a new bid. The local vendor will be awarded if the new bid is in an amount less than or equal to the lowest responsive bid, allowing the County to favor the local vendor but not at the expense of obtaining the lowest offered price. Since adoption of the ordinance, the IOC has continued to monitor the effects of the program through annual reports prepared and presented by the Purchasing Agent or designee. The IOC accepted two reports from the Purchasing Services Manager, together covering the period July 1, 2022 through June 30, 2023, and reported out to the Board of Supervisors on April 18 and November 7, 2023. In its November 7 report, the IOC recommended, based on input received from the Advisory Council on Equal Employment Opportunity, changing the Local Bid Preference Program trigger from 5% to 7%. The Board approved this recommendation and, in deference to the County’s new Office of Racial Equity and Social Justice (ORESJ), the Board decided to reassign oversight of the Local Bid Preference Program from the IOC to the Board’s Equity Committee, which receives staff support from the ORESJ. Consequently, it is recommended that this matter be removed from items on referral to the IOC. On December 12, 2023, the Board adopted an ordinance to increase the Local Bidder preference Program trigger to 7%. The amendment will become effective 30 days from its passage. REASSIGN TO THE EQUITY COMMITTEE
What remains on referral to the IOC is a triennial review of County purchasing policies (see referral #16).
5. Advisory Body Recruitment. On December 12, 2000, the Board of Supervisors approved a policy on the process for recruiting applicants for selected advisory bodies of the Board. This policy requires open recruitment for all vacancies to At Large seats appointed by the Board. The IOC made a determination that it would conduct interviews for At Large seats on the following bodies: Retirement Board, Fire Advisory Commission, Integrated Pest Management Advisory Committee, Planning Commission, Treasury Oversight Committee, and the Fish & Wildlife Committee, as well as other advisory bodies as the need should arise; and that screening and nomination to fill At Large seats on all other eligible bodies would be delegated to each body or a subcommittee thereof.
In 2023, the IOC submitted recommendations to the Board of Supervisors to fill 25 vacant seats on various committees and commissions. The IOC interviewed individuals for seats on the Retirement Board, County Connection Citizen Advisory Committee, and the Advisory Fire Commission to the Contra Costa Fire Protection District.
In 2024, the IOC will need to recruit and interview for the Fire Advisory Commission, East Bay Regional Parks District Park Advisory Committee, Fish & Wildlife Committee, Los Medanos Health Advisory Committee, Planning Commission, Treasury Oversight Committee, Integrated Pest Management Advisory Committee, and the Law Library Board of Trustees. This is a standing referral. MAINTAIN
6. Process for Allocation of Propagation Funds by the Fish and Wildlife Committee. On November 22, 2010, the IOC received a status report from the Department of Conservation and Development (DCD) regarding the allocation of propagation funds by the Fish and Wildlife Committee (FWC). The IOC accepted the report along with a recommendation that IOC conduct a preliminary review of annual FWC grant recommendations prior to Board of Supervisors review. On April 10, 2023, the IOC received a report from DCD proposing, on behalf of the FWC, the 2023 Fish and Wildlife Propagation Fund Grant awards. The IOC approved the proposal and recommended grant awards for nine projects totaling $60,702, which the Board of Supervisors unanimously approved on April 18, 2022. The Board subsequently, on June 27, approved a 10th out of cycle grant of propagation funds in the amount of $10,343. This is a standing referral. MAINTAIN
7. Advisory Body Triennial Review. Beginning in 2010 and concluding in 2011/2012, the Board of Supervisors conducted an extensive review of advisory body policies and composition, and passed Resolution Nos. 2011/497 and 2011/498, later superseded by Resolution Nos. 2020/1 and 2020/2, which revised and restated the Board’s governing principles for the bodies. The Resolutions deal with all bodies, whether created by the BOS as discretionary or those that the BOS is mandated to create by state or federal rules, laws or regulations. The Resolutions directed the CAO/CoB’s Office to institute a method to conduct a rotating triennial review of each body and to report on the results of that review and any resulting staff recommendations to the Board, through the IOC, on a regular basis. The third phase report of the current Triennial Review Cycle was completed on May 8, 2023 with follow-up action recommended with respect to the Managed Care Commission. A review of the Managed Care Commission’s bylaws and meeting procedures is anticipated in the ensuing year. This is a standing referral. MAINTAIN
8. Animal Benefit Fund Review. On May 12, 2015, the Board of Supervisors adopted the fiscal year 2015/16 budget, including a referral to the Internal Operations Committee to review the Animal Benefit Fund and, in March 2016, the Board directed that the review be made by the IOC annually to assess the impact of the Animal Benefit Fund on the community and families. On October 2, 2023, the IOC received the seventh annual report on the Animal Benefit Fund covering FY 2022/23 and reported to the Board on October 17, 2023. This is a standing referral. MAINTAIN
9. Language Interpretation Services for Public Meetings. On March 26, 2019, the Board requested the IOC to develop a policy on language interpretation services at the Board of Supervisors meetings. The IOC considered this matter on September 9, 2019 and decided that the services could not practically be rolled out until staff relocates to the new Administration Building. The IOC gave staff direction to report back with additional information to assist the Committee in determining the best model for providing these services. The IOC received follow-up reports on December 9, 2019 and November 19, 2020, and directed staff to develop recommendations for a six-month pilot program providing limited interpretation and translation services, with the intention that the County would initiate a pilot process, promote it, and measure how extensively it is utilized. On March 8, 2021, the IOC received an extensive report from the Clerk of the Board on language interpretation and closed captioning services, and subsequently made to the Board related recommendations which, on March 23, 2021, the Board approved. On August 2, 2022, the Board received a follow-up report on language interpretation services at Board of Supervisors and Measure X Committee meetings and referred the matter to the Internal Operations Committee to gather additional information on the practices of other counties and issues surrounding equal access. The IOC took no action on this matter during 2023 pending establishment of the Office of Racial Equity and Social Justice, which is expected to take this matter up. With respect to the subject matter, the IOC recommends that this referral be reassigned for continuing study and recommendation by the Board’s Equity Committee. REASSIGN TO THE EQUITY COMMITTEE
10. Racial Justice Oversight Body Dysfunction. On July 11, 2022, the IOC received a report from the County Probation Department regarding operational problems of the RJOB. The Public Protection Committee has previously received a report from a consulting firm engaged by the Office of Reentry & Justice at the Probation Department to provide technical assistance and meeting facilitation services for the RJOB. During the update, the Burns Institute highlighted several emerging issues hindering the RJOB’s future work to include: changes in leadership and membership resulting in challenges with maintaining quorum, specifically at the Subcommittee levels; ambitious Task Force recommendations that are beyond the capacity and scope of the membership; and limited staffing resources to support the membership’s requests for data collection, management, and analyses necessary to implement the recommendations of the RJOB. The County Administrator’s Office identified additional issues: (1) the existing RJOB charge is vague; (2) staff support is insufficient to the RJOB's needs; (3) RJOB subcommittees are self-forming and, therefore, not always balanced; and (4) there is high interest in participation and no term limits. It was decided that CAO and Probation would work with the Office of Racial Equity and Social Justice, once fully established, and bring recommendations for changes to the RJOB bylaws and reporting structure back to the IOC at a future date. MAINTAIN
11. Review of Proposed Updates to the County’s Administrative Bulletins. On April 24, 2023, the Board referred to the IOC a review of several existing and proposed new administrative policies: Administrative Bulletins: 1. Administrative Bulletin No. 525, "Office Space" 2. Administrative Bulletin No. 525.1, "Requesting Real Estate and Capital Project Services" 3. Administrative Bulletin No. 526, "Real Estate Asset Management Policy" 4. Administrative Bulletin No. 600, "Purchasing Policy and Procedures" And, creation of the following Administrative Bulletins: 1. Social Media Policy (Updating and replacing 2014 policy) 2. Cybersecurity Policy (New policy). On June 27, the IOC recommended, and the Board approved, updated Purchasing policies and procedures. On July 11, the IOC recommended, and the Board adopted, an Ordinance amending the Purchasing Agent’s authority to execute contracts for special services under Government Code section 31000 by eliminating the requirement that these contracts be first reviewed, approved, and signed by the County Administrator. On August 1, the IOC recommended, and the Board approved with amendments, updates to the County’s Social Media Policy, which prompted a new referral to the IOC regarding institution of a countywide ban on the TikTok social media application. As the review and update to the referred policies have been only partially completed, this matter should be continued on referral to the IOC. MAINTAIN
12. Managed Care Commission Bylaws Update. The third phase of the current Advisory Body Triennial Review Cycle was completed on May 8, 2023 with follow-up action recommended with respect to the Managed Care Commission. A review of the Managed Care Commission’s bylaws and meeting procedures was anticipated during 2023. Draft bylaws were submitted by the Commission for consideration but were returned for additional work and review by County Counsel. Since this work has not yet been completed, it is recommended that this matter be continued on referral to the IOC. MAINTAIN
13. Arts Council Contract. On March 29, 2022, the Board of Supervisors dissolved the Contra Costa County Arts and Culture Commission (known as “AC5”) and directed County Administration staff to procure or establish a nonprofit public-private partnership Arts Council for the county, to serve as the county’s State-Local Partner (SLP) with the California Arts Council (CAC). On August 2, 2022, the Board of Supervisors referred to the Internal Operations Committee (IOC) the establishment of an Ad Hoc Arts Council Steering Committee.
On September 20, 2022, the Board of Supervisors voted to establish the seven-member Ad Hoc Arts Council Steering Committee, whose mission was to guide the County's arts and cultural planning efforts through an inclusive community engagement process; provide input and collaboration with County staff and the consultant on the Arts Council procurement or establishment process; ensure diversity, equity, and inclusion throughout the process and outcomes; and listen to the community. On June 27, the Board approved the Arts & Culture Master Plan for Contra Costa County and authorized issuance of an RFP for arts council services. On December 12, the IOC recommended, and the Board approved, a five-year contract with ARTSCCC to provide arts council services. TERMINATE
14. Implicit Bias Training for Advisory Body Members. At its regular meeting on June 12, the IOC considered whether the County should add Implicit Bias training to the required training curriculum for County advisory body appointees. Implicit bias training can make people aware that unconscious bias exists and help them take steps to reduce the likelihood that bias will impact their decisions. The IOC considered the following four free online Implicit Bias training offerings, including the National Institutes of Health, Nonprofitready.org, Kirwan Institute for the Study of Race and Ethnicity, and the UCLA Office of Equity, Diversity and Inclusion, and recommended to the Board on July 11, 2023 the training offered by the National Institutes of Health, a three-module course designed to help users learn what bias is, how to recognize it, and how to minimize its impact. The NIH training will require approximately one hour to complete and will require that users take a screenshot of the course completion screen to evidence completion. As an alternative, if a commissioner has received a certificate of training through their employer or another civic organization, that would be accepted in lieu. TERMINATE
15. Tik Tok Ban. Following the Board’s August 1, 2023 direction to study how best to implement a ban on TikTok on County devices, the IOC received a report on September 11 that provided additional information on risks associated with the TikTok platform, the status of TikTok bans elsewhere, and the County’s ability to implement a TikTok ban on County devices and limitations on that ability. The IOC provided direction to staff to continue developing IT device management tools to support enforcement of the ban on media platforms controlled by an “entity of concern” or a “country of concern” that holds 10 percent or more of the voting shares of a social media platform, or if the platform uses software or an algorithm controlled by a country of concern.” Since this effort is ongoing, it is recommended that this matter be continued as a referral to the IOC. MAINTAIN
16. Triennial Review of County Procurement Policies. On June 2, 2023, in the context of adopting updated County procurement policies, the Board referred to the Internal Operations Committee a triennial review of County procurement policies to ensure harmony among the various policies and procedures and directed the Purchasing Agent to return to the Internal Operations Committee with a schedule of policies and procedures to be reviewed in each year of the triennial cycle. The first report will be due in mid-2026. MAINTAIN
CONSEQUENCE OF NEGATIVE ACTION:
Should the Board elect not to approve the recommendations, the Internal Operations Committee will not have clear direction on the disposition of prior year referrals for discussion in calendar year 2024.