To: Board of Supervisors
From: Monica Nino, County Administrator
Report Title: Bylaws for the Measure X Community Fiscal Oversight Committee
RECOMMENDATIONS:
ADOPT Measure X Community Fiscal Oversight Committee Bylaws.
FISCAL IMPACT:
Administrative action with no specific fiscal impact at this time.
BACKGROUND:
On November 3, 2020, voters in Contra Costa County approved Measure X, a Countywide, 20-year, half-cent sales tax. The ballot measure’s stated intent for Measure X was “to keep Contra Costa’s regional hospital open and staffed; fund community health centers; provide timely fire and emergency response; support crucial safety-net services; invest in early childhood services; protect vulnerable populations; and for other essential county services.” Collection of the tax began on April 1, 2021. $267.6M in actual revenue has been collected through June 30, 2023, and $348.5M has been allocated through FY23-24, encompassing 38 projects and funding areas.
On February 2, 2021, the Board of Supervisors approved the creation of a 17-member (+10 alternates) Measure X Community Advisory Board (MXCAB), with bylaws modeled after the County’s Community Corrections Partnership and Juvenile Justice Coordinating Council. Per the current bylaws, the main responsibilities of the MXCAB include conducting a needs assessment every three years, using the needs assessments to prioritize and make Measure X general funding recommendations to the Board of Supervisors, and providing an annual self-assessment report on MXCAB’s effectiveness during the past year.
On November 8, 2022, during a discussion item providing updates on Measure X, the Board requested that staff return with recommendations for the creation of an oversight body. In response, the County Administrator’s Office conducted a review of oversight structures for county sales tax measures, including the counties of Alameda, Marin, San Mateo, Santa Clara, Sonoma, Los Angeles, and the San Francisco Bay Restoration Authority.
The review found that San Mateo’s Measure K most closely resembles Contra Costa’s Measure X, and all but Santa Clara have an oversight committee. Across the counties reviewed, common responsibilities for their sales tax oversight bodies include annual financial audits, performance measurement, and annual reports. Most of the oversight committees meet two or four times annually. Los Angeles and San Mateo counties also have informative websites providing news highlights, reports, and updates on related activities.
The County Administrator’s Office presented the comparative analysis at the Board of Supervisors meeting on May 16, 2023, followed by public comment and Board discussion of key considerations about Measure X oversight to potentially improve transparency, mitigate concerns about potential conflicts of interest and incompatible activities, and strengthen accountability and public information. Following the discussion, the Board of Supervisors established the Measure X Community Fiscal Oversight Committee, and requested staff to return with bylaws for adoption based on the following direction for the new advisory body:
1. Responsible for reviewing and confirming Measure X revenues and expenditures, including overseeing annual financial audits conducted by an external auditor, verifying conformance with the Measure’s language and intent and with the Board’s direction for specific allocations, and producing an associated annual report. Would not do performance measurement or program evaluation; role is solely financial accountability
2. Shall be composed of five seats, one from each district; the appointment will run in alignment with the term of office from their appointing district (4-year term), and staffed by the County Administrator’s Office
3. No appointee may be a current member of the Measure X Community Advisory Board (MXCAB), a county employee, related to or associated with a grantee, or an elected official
4. County Administrator’s Office will provide staff services to support reporting, public information, website development, and meetings
5. The Committee will not make any funding recommendations
6. The Committee will meet quarterly to start, transitioning to semi-annual
7. Bylaws will be developed and submitted to the Board of Supervisors.
The attached bylaws incorporate the instructions to staff and are recommended to the Board of Supervisors for adoption.
Upon approval of the bylaws, the County Administrator’s Office will post the vacant Committee positions and issue a press release soliciting applications. District Supervisors will identify and refer their candidates for approval by the full Board of Supervisors. After the Committee is formed, their first meeting will likely occur in late 2023 or early 2024.
CONSEQUENCE OF NEGATIVE ACTION:
The Measure X Community Fiscal Oversight Committee will not benefit from the administrative provision of these Bylaws, which will make it difficult for the Committee to function efficiently.
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I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. |
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ATTESTED: |
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Monica Nino, County Administrator and Clerk of the Board of Supervisors |
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By: |