ARTICLE I – NAME The name of the local child care planning council for child care services in Amador County shall be known as the Amador Child Care Council (ACCC). ARTICLE II – PURPOSE Section 1: The mission of the Amador Child Care Council is to facilitate cooperation within the community and to create an environment that is supportive of children, child care and their families. The Child Care Planning Council is committed to affordable, accessible and quality child care. Section 2: The purpose of the ACCC shall be to provide a forum for the identification of local priorities for child care and the development of policies to meet the needs identified within those priorities. ARTICLE III – FUNCTIONS Section 1: The function of the ACCC shall be to oversee the development and implementation of the local Child Care Planning Grant. Section 2: Pursuant to statutes, Education Code, Sections 8499.3 and 8499.5, both county board of supervisors (CBS) and county superintendents of schools (CSS) are mandated to be involved in the local child care planning process. Specifically, the CBS and CSS are directed to:
Section 3: Establish the term of appointment for the members of the ACCC. Section 4: Elect a Chairperson Section 5: Conduct a needs assessment of child care in the county no less than once every five years. Document information gathered during the needs assessment. Section 6: Encourage public awareness and input in the development of the priorities as well as the rights and needs of children. Section 7: Conduct a periodic review of child care programs funded by the California Department of Education (CDE) and the Department of Social Services (DSS) to determine if identified priorities are being met. Section 8: Collaborate with representatives of subsidized and non subsidized programs, the State/Local Children & Families First (Prop.10) Commission, county welfare departments, and human service agencies, job training programs, employers, integrated family service councils, parent organizations, local child care associations, community colleges and other interested parties to foster partnerships designed to meet local child care needs. Section 9: Design a system to consolidate local child care eligibility lists. Section 10: Coordinate part-day programs, including but not limited to State Preschool and Head Start, with other child care services to provide full-day child care. Section 11: Submit the results of the needs assessment and local priorities identified by the local planning council to the Board of Supervisors and the County Superintendent of Schools for prior approval before submitting them to the California Department of Education. Section 12: Review and comment on proposals submitted to CDE that concern child care to be provided within the geographic area covered by the local planning council. These comments shall in no way be binding on the CDE in determination of programs to be funded. Section 13: Identify at least one, but no more than two, persons from the local planning council, one selected by the board of supervisors and one selected by the county superintendent of schools if two persons are identified; or one person selected by both appointing agencies, to serve as part of the department team that reviews and scores proposals for the provision of services funded through contracts with CDE. Section 14: Develop and implement a training to provide increased efficiency productivity, and facilitation of local planning council Section 15: Provide consultation to the State Department of Education and the State Department of Social Services regarding the development of a single application and intake for all federal and state subsidized child care and development services. ARTICLE IV – MEMBERSHIP Section 1: Voting members are recommended by the ACCC and one half shall be approved by the Amador County Board of Supervisors, and one half shall be approved by the Amador County Superintendent of Schools on an annual basis. There shall be a total of ten voting members of the ACCC. The members shall be selected based on the following criteria:
A. Primary consideration is based on the contents of the application and references. B. A member shall provide insight into the issues of child care or other issues directly related to child care. C. A member needs experience and background in the child care field or must demonstrate how their knowledge might enhance child care issues within Amador County. D. The ACCC is committed to a balance of membership based on: a.) ethnicity b.) race c.) geographic compositions E. Membership is appointed from each of the following categories of representation: a.) Two members shall be consumers. b.) Two members shall be child care providers. c.) Two members shall be public agency representatives. d.) Two members shall be community representatives. e.) Two members shall be from any of the above categories or at the discretion of the Council. F. There shall be no more than two (2) voting members representing any one (1) constituency group, organization, agency, or county department. G. A member must show involvement in and support from the organizations, agencies, and constituencies they represent and be willing to be a liason between them and the ACCC. H. Voting members shall be entitled to receive agendas, minutes, and all other materials related to the ACCC; may vote at meetings of the ACCC; may hold office and may serve as Chairperson of the Council committees.
A. Primary consideration is based on the contents of the application and references. B. A member shall provide insight into the issues of child care or other issues directly related to child care. C. A member needs experience and background in the child care field or must demonstrate how their knowledge might enhance child care issues within Amador County. D. The ACCC is committed to a balance of membership based on:
a.) ethnicity b.) race c.) geographic compositions
E. Membership is appointed from each of the following categories of representation:
a.) Two members shall be consumers. b.) Two members shall be child care providers. c.) Two members shall be public agency representatives. d.) Two members shall be community representatives. e.) Two members shall be from any of the above categories or at the discretion of the Council.
F. There shall be no more than two (2) voting members representing any one (1) constituency group, organization, agency, or county department. G. A member must show involvement in and support from the organizations, agencies, and constituencies they represent and be willing to be a liason between them and the ACCC. H. Voting members shall be entitled to receive agendas, minutes, and all other materials related to the ACCC; may vote at meetings of the ACCC; may hold office and may serve as Chairperson of the Council committees.
Section 2: Requirements and Responsibilities of Voting Members
A. All voting members must: a.) Have a direct interest in, and commitment to the improvement of child care services in the county. b.) Demonstrate knowledge of child care or related issues in the county and an interest in, and commitment to, the improvement of child care services. c.) Attend ACCC meetings. d.) Attend ACCC planning sessions, retreats and full-day trainings. e.) Participate actively. f.) Whenever possible, serve as a conduit for information to and from the constituency they represent. g.) Share responsibility for the leadership of the ACCC and its committees. h.) Become familiar and adhere to the Brown Act for public meetings. i.) Be willing to adhere to the ACCC Conflict of Interest Code, and file a form 700 Statement of Economic Interests with the Fair Political Practices Commission annually. j.) Upon term expiration, or termination(voluntary or otherwise), the member must file a Form 700 Statement within 30 days of receipt from the Amador County Elections Department.
A. All voting members must:
a.) Have a direct interest in, and commitment to the improvement of child care services in the county. b.) Demonstrate knowledge of child care or related issues in the county and an interest in, and commitment to, the improvement of child care services. c.) Attend ACCC meetings. d.) Attend ACCC planning sessions, retreats and full-day trainings. e.) Participate actively. f.) Whenever possible, serve as a conduit for information to and from the constituency they represent. g.) Share responsibility for the leadership of the ACCC and its committees. h.) Become familiar and adhere to the Brown Act for public meetings. i.) Be willing to adhere to the ACCC Conflict of Interest Code, and file a form 700 Statement of Economic Interests with the Fair Political Practices Commission annually. j.) Upon term expiration, or termination(voluntary or otherwise), the member must file a Form 700 Statement within 30 days of receipt from the Amador County Elections Department.
Section 3: Procedure for filling vacancies:
A. A vacancy is declared by the ACCC Chairperson at the first council meeting following the expiration of a member’s term or the receipt of a letter of resignation. The opening is posted at CSS, BOS and local newspaper and applications are accepted for a minimum of 30 days. In the event of a vacant position applications will be accepted until the vacancy is filled. B. Upon request, the ACCC Coordinator will send potential applicants a membership packet that will include ACCC mission statement, the by-laws, the strategic plan and the Form 700. C. The ACCC Coordinator will screen for completeness of the applications, incomplete applications will be returned to the applicant. Completed applications will be placed on the agenda for the next available meeting. D. Copies will be distributed to ACCC members at the scheduled meeting for review and vote. E. ACCC Coordinator will notify applicants of approval or denial by mail within 7 working days. F. The BOS and CSS shall approve membership annually in January.
Section 4: Alternates
A. There shall be a total of two (2) alternates on the ACCC. a.) Alternates shall have all the rights and responsibilities of the voting members ( ARTICLE IV, Sections 1 & 2). b.) Exercise their right to vote during the absence of a regular voting member (unless there is a conflict of interest). c.) Alternates will be assigned an A and B position. d.) Beginning the month after annual membership (April), Alternate (A) will have the right to vote, proceeded by (B) the following month (May). This cycle will continue throughout the year. e.) In the case that it is a month for alternate A to vote and A is absent, alternate B will have the right to vote. f.) On a month when two members are absent, both alternate A and B will have the right to vote. B. Selection of Alternates. a.) Alternates shall be selected in the same manner set forth for regular members ( ARTICLE IV, Section 3). b.) Alternates will be appointed as Discretionary Representatives.
A. There shall be a total of two (2) alternates on the ACCC.
a.) Alternates shall have all the rights and responsibilities of the voting members ( ARTICLE IV, Sections 1 & 2). b.) Exercise their right to vote during the absence of a regular voting member (unless there is a conflict of interest). c.) Alternates will be assigned an A and B position. d.) Beginning the month after annual membership (April), Alternate (A) will have the right to vote, proceeded by (B) the following month (May). This cycle will continue throughout the year. e.) In the case that it is a month for alternate A to vote and A is absent, alternate B will have the right to vote. f.) On a month when two members are absent, both alternate A and B will have the right to vote.
B. Selection of Alternates.
a.) Alternates shall be selected in the same manner set forth for regular members ( ARTICLE IV, Section 3). b.) Alternates will be appointed as Discretionary Representatives.
Section 5: Length of Membership
A. The term of membership shall be two full years for 50% of each membership category. The remaining 50% shall have a term of three full years. B. ACCC terms will commence on the first day of the July meeting and end on the first day of the June meeting of that term year. The ACCC will designate the initial length of membership. C. A member who has served a full term (3 or 4 years as designated when appointed) must re-apply for membership and be selected as set forth in ARTICLE IV, Section 3. D. A member who has served less than 50% (or 75%) of the full term may be recommended for a new term. E. The term of membership shall not be more than 2 full consecutive terms.
Section 6: Applications for membership
A. The Membership Committee will convene the 1st week of April to identify term expirations and positions to be filled. B. The Coordinator will advertise open positions and accept applications April 15th to May 15th, in accordance with Section 3. C. The committee will reconvene and make recommendations to be placed on the June agenda, ten (10) days prior to the meeting. D. New members will be oriented and seated in July.
Section 7: Termination of Membership
A. Voluntary Terminations: Membership in the ACCC may voluntarily terminate at any time. a.) Resignation must be submitted in writing. b.) One letter of resignation must be submitted to the ACCC Chairperson. c.) One original letter of resignation must be submitted to the Amador County Election Department. d.) Upon resignation the member must file a Form 700 leaving office statement, which will be sent ti the member by the Amador County Elections Department. B. Involuntary Termination: a.) An ACCC member who is absent for three regularly scheduled meetings in a one year period will be terminated in accordance with the attendance policy attached to these by-laws. b.) Fails to meet the responsibilities of membership, as specified in ARTICLE IV for a three-month period will be terminated. c.) The ACCC make a determination that such absences and failures can be based on extenuating and short-termed circumstances, therefore avoiding termination. d.) Any ACCC member whose conduct is prejudicial to the benefit of the children, parents, the community or the ACCC mission – shall be terminated by a vote of 2/3majority vote of the ACCC. Due process shall be carried out according to the Grievance Policy of the ACCC by-laws in ARTICLE VII.
A. Voluntary Terminations: Membership in the ACCC may voluntarily terminate at any time.
a.) Resignation must be submitted in writing. b.) One letter of resignation must be submitted to the ACCC Chairperson. c.) One original letter of resignation must be submitted to the Amador County Election Department. d.) Upon resignation the member must file a Form 700 leaving office statement, which will be sent ti the member by the Amador County Elections Department.
B. Involuntary Termination:
a.) An ACCC member who is absent for three regularly scheduled meetings in a one year period will be terminated in accordance with the attendance policy attached to these by-laws. b.) Fails to meet the responsibilities of membership, as specified in ARTICLE IV for a three-month period will be terminated. c.) The ACCC make a determination that such absences and failures can be based on extenuating and short-termed circumstances, therefore avoiding termination. d.) Any ACCC member whose conduct is prejudicial to the benefit of the children, parents, the community or the ACCC mission – shall be terminated by a vote of 2/3majority vote of the ACCC. Due process shall be carried out according to the Grievance Policy of the ACCC by-laws in ARTICLE VII.
ARTICLE V – QUORUM AND VOTING RIGHTS AND REQUIREMENTS Section 1:
A. A quorum is necessary to conduct business and make recommendations. A quorum shall be constituted by the presence of a majority of the voting membership. B. Unless otherwise specified, a majority vote of a quorum is required to take any action. C. Each voting member shall be entitled to one vote. All voting must be in person at an appropriately noticed meeting. D. In the absence of a regular voting member, an alternate as specified in ARTICLE IV, Section 4, will be allowed to vote. E. All voting members and alternates must abide by the ACCC Conflict of Interest Policy attached to these by-laws.
ARTICLE VI – MEETINGS Section 1: Open and public in accordance with the Ralph M. Brown Act All meetings of the ACCC shall be open and public, with the minutes recorded and agenda posted, all interested persons shall be permitted to attend such meetings. Time shall be set aside for limited public comment on items not on the posted agenda. Section 2: Agenda items Items may be placed on the agenda by placing the request in writing, by email or fax to the Chairperson fourteen (14) days prior to the regular scheduled monthly meeting. All reasonable requests will be considered for placement on the agenda, however ACCC business will receive priority. Section 3: Notice Written notice of each regular meeting of the ACCC, specifically the time, place and agenda items, shall be sent to each member not less than seven (7) days before the meeting. Further, the agenda shall be posted in a public notice area in accordance with the Ralph M. Brown Act not less than seventy-two (72) hours prior to the meeting. The ACCC will send notices to the BOS and CSS to post in public. Section 4: Regular meetings ACCC meetings shall be held once each month during the calendar year, second Tuesday of the month, from 3:00 p.m. until 5:00 p.m. “Workshop” training and information meetings will be held as established in advance by the ACCC. Section 5: The Chairperson may call special meetings when the ACCC matters require such action, or when requested by three or more members of the council. In order to hold a special meeting, advance notice of such meeting shall be given to each member of the ACCC, at least twenty-four (24) hours before the time of the meeting, stating the time, place and the business to be transacted, and no other business shall be considered at a special meeting. Section 6: The rules contained in the current edition of 21st Century Robert’s Rules of Order shall govern the ACCC in all instances when they are applicable and not inconsistent with these by-laws and any other special rules the ACCC shall adopt. ARTICLE VII – OFFICERS Section 1: The officers of the ACCC shall consist of the Chairperson and Vice-Chairperson. The Chairperson and Vice-Chairperson shall be selected by majority vote from the membership of the council at the June meeting and shall serve for one year. Section 2: Duties of Officers:
A. It shall be the duty of the Chairperson to call and preside over meetings of the ACCC. B. With assistance from the Coordinator, prepare the agenda no less than ten (10) days prior to the regular meeting, and make committee assignments. C. It shall be the duty of the Chairperson to receive resignations, grievance, and to announce vacancies as they occur. D. Appoint committees and committee chairpersons as needed. E. It shall be the duty of the Vice-Chairperson to assist the Chairperson as needed and to perform the duties of the Chairperson in the absence of that officer.
Section 3: Nomination and Elections:
A. Nominations a.) In May, the Chairperson shall encourage ACCC members to consider nominations for new officers. b.) Nominations for new officers will take place at the April meeting. c.) Proposed nominees shall submit to the Chairperson in writing within ten (10) days an acceptance or denial. d.) A slate of nominees shall be sent out to all ACCC members with the May minutes. Nominations will not be accepted from the floor. B. Elections a.) Elections of officers shall be held at the June meeting. b.) Votes shall be public and there will be no secret ballots. c.) The candidate for office that obtains a majority vote will be considered elected for the term. d.) In the case of a tie vote, there will be a run-off between the top candidates immediately following the vote count. e.) The term of office shall be one (1) year, commencing July of each year.
A. Nominations
a.) In May, the Chairperson shall encourage ACCC members to consider nominations for new officers. b.) Nominations for new officers will take place at the April meeting. c.) Proposed nominees shall submit to the Chairperson in writing within ten (10) days an acceptance or denial. d.) A slate of nominees shall be sent out to all ACCC members with the May minutes. Nominations will not be accepted from the floor.
B. Elections
a.) Elections of officers shall be held at the June meeting. b.) Votes shall be public and there will be no secret ballots. c.) The candidate for office that obtains a majority vote will be considered elected for the term. d.) In the case of a tie vote, there will be a run-off between the top candidates immediately following the vote count. e.) The term of office shall be one (1) year, commencing July of each year.
Section 4: Resignations Any officer may resign by filing a written resignation with the Chairperson. Section 5: Recall The Chairperson or Vice-Chairperson shall be considered for recall from office upon written petition of twenty-five percent (25%) of the members. Consideration of this petition will be placed on the agenda of the next meeting. Recall requires a fifty-one percent (51%) vote. Section 6: Vacancies Upon vacancy in the office of Chairperson or Vice-Chairperson, nominations shall be accepted at the meeting in which the vacancy is announced. A list of nominees shall be mailed prior to the vote with the minutes for the next meeting. A vote shall be taken at the next ACCC meeting and the election shall proceed as under Section 3. If the office of Chairperson is vacated after the December meeting (a minority of the term), then the Vice-Chairperson shall fill in the remaining months of the term. ARTICLE VIII – COMMITTEES Section 1: Committees
A. All standing committees must abide by the Ralph M. Brown Act. B. Committees to address special needs or requirements of the ACCC may be appointed by the Chairperson as needed. C. Any member may suggest the creation of a committee when it appears necessary, and such committee may be established upon majority approval of the ACCC. D. Ad Hoc committees are defined as time-limited committees with designated purposes. E. Every member must be on at least one (1) committee. F. Unless otherwise specified, membership in each committee shall be open to both members and non-members of the ACCC. G. Any committee may be disbanded upon affirmative majority vote of the ACCC.
ARTICLE IX – FISCAL POLICIES The commitment of public funds that are subject to the control or recommendations of the ACCC shall be made only upon dully agendized motions that are seconded and approved by a majority vote. ARTICLE X – GRIEVANCE POLICIES Section 1: The ACCC encourages it members and the community to voice concerns or disagreements pertaining to actions or decisions of the ACCC by contacting the Chairperson or Coordinator directly. This provides the opportunity for problems to be identified and solutions to be sought to rectify the concern or disagreement. After every attempt has been made to resolve the concern or disagreement, the member or community representative must submit the complaint in writing to the ACCC Chairperson or ACCC Coordinator twenty (20) days prior to the regular ACCC meeting. The Chairperson will present the complaint at the next meeting and the ACCC will hear the complaint and attempt to resolve the problem. Section 2: If the problem is not solved at the ACCC level, an appeal may be made to the Amador County Superintendent of Schools in writing within ten (10) working days after receiving the results of the ACCC decision. The Superintendent shall file a written response within ten (10) working days. If either party is not satisfied with the decision, the matter may be submitted directly to the Board of Trustees. Such appeal shall be made within ten (10) working days of the receipt of the Superintendent’s decision. The Board may uphold the Superintendent’s decision without hearing the complaint. A hearing may be scheduled by the Board of Trustees at its earliest convenience. Thereafter, the final decision shall be made by the Board of Trustees in a timely manner. ARTICLE XII – ANNUAL PROGRAM EVALUATION Section 1: The ACCC shall evaluate program activities annually each June.
A. The ACCC shall review activities to evaluate the program’s effectiveness and to determine whether activities mandated in the CDE contract and the ACCC Strategic Plan have been met. B. The ACCC shall evaluate the Coordinator’s work performance in relation to the job description and the ACCC functions. C. The ACCC shall evaluate the Fiscal Agent’s performance in relation to the ACCC functions.
ARTICLE XIII – BY-LAW AMENDMENTS AND REVISIONS Section 1: Amendments These by-laws will be reviewed no less than annually and may be amended in the following manner:
A. These by-laws may be amended by a majority vote of a quorum of the ACCC at any regular or called meeting. B. Members initiating the amendment must submit the proposed change in writing to the Chairperson or Coordinator fourteen (14) days prior to a regular ACCC meeting or special meeting. C. The amendment shall have been submitted to each ACCC member seven (7) days prior to the meeting and posted with the meeting agenda in accordance with the Ralph M. Brown Act. D. All amendments must be approved by the ACCC with notification to the County Board of Supervisors and the County Superintendent of Schools and submitted to the State Department of Education within four (4) weeks of approval.
Section 2: Revisions
A. In the event that the majority of the ACCC feels that these by-laws need to be revised, the Chairperson shall appoint a By-laws Committee. B. All members will be notified of the committee and be invited to submit changes to the committee for consideration. C. The proposed revisions shall be submitted to the Chairperson or Coordinator fourteen (14) days prior to a regular ACCC meeting. D. The revisions shall have been submitted to each council member seven (7) days prior to the meeting and posted with the meeting agenda in accordance with the Ralph M. Brown Act. E. All revisions must be approved by the ACCC with notification to the County Board of Supervisors and the Superintendent of Schools and submitted to the State Department of Education within four (4) weeks of approval.
