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BYLAWS
ARTICLE I-
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NAME
The name of
this body shall be the
Stanislaus Child Care and
Development Planning Council.
Whenever the
term "SCCDPC" is used in these
bylaws, it shall mean Stanislaus
Child Care and Development
Planning Council.
ARTICLE II-
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AUTHORITY
The authority
for the formation and operation
of the Stanislaus Child Care and
Development Planning Council is
Assembly Bill 1542. AB1542
(Chapter 270, Statutes 1997)
establishes a Local Child Care
and Development Planning Council
in each county. Sections of the
Education Code 8499.3 - 8499.7
establish recommended membership
and responsibilities for Local
Planning and Development
Councils. The legislation
mandates that the County
Superintendent of Schools and
the County Board of Supervisors
work collectively to appoint
members to ensure broad
representation for input into
child care and development
planning. Membership is made up
of 20% consumers, 20% providers,
20% public agencies, 20%
community representatives, and
20% at the discretion of the
appointing agencies. All
applicants eligible for
vacancies in the appropriate
categories will be
recommended to the Stanislaus
County Board of Supervisors, and
the Stanislaus County
Superintendent of Schools for
appointment. (See Article III &
IV)
ARTICLE
III-
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PURPOSE
The mission of
this organization shall be to
provide leadership in supporting
the development and availability
of quality child care for
children in Stanislaus County.
Section 1
The purpose of this organization
shall be to provide a forum for
the identification of local
priorities of families for child
care and the development of
policies to address and meet the
needs identified within those
priorities. The SCCDPC shall
comply with all the provisions
of the mandates in Education
Codes 8499.3-8499.7, which are
located in the Assembly Bill
1542. It is also the intent of
the SCCDPC to comply with
applicable procedures and
policies of their fiscal agent
and legal entity once the
policies and procedures have
been established and made
available to them.
The mandates
of AB 1542 and California
Department of Education Child
Development Division Management
Bulletins include:
Elect
officers and select staff.
Conduct
an assessment of child care
needs in the county no less
than once every five years.
The needs assessment shall
take into consideration all
of the following:
The
needs of families
eligible for subsidized
child care.
The
needs of families not
eligible for subsidized
child care.
The
waiting lists for
programs funded by the
department and the
California
Department of Social
Services.
The
needs for child care for
children who have been
abused or neglected or
are at risk of abuse or
neglect.
The
number of children
receiving public
assistance.
Family income among
families with preschool
or school age children.
The
number of children of
migrant workers.
The
number of children with
special needs.
The
number of children from
all identifiable
linguistic and cultural
backgrounds.
Special needs based on
geographic
considerations,
including rural areas.
The
age of children needing
services.
Any
other factors deemed
appropriate by the local
planning council.
Document
information gathered during
the needs assessment which
shall include, but not
limited to, data on supply,
demand, cost and market
rates for each category of
child care in Stanislaus
County.
Encourage
public input in the
development of countywide
child care priorities.
Opportunities for public
input shall include at least
one public hearing during
which members of the public
may comment on the proposed
priorities.
Prepare a
comprehensive countywide
child care plan designed to
mobilize public and private
resources to address
identified needs.
Conduct a
periodic review of child
care programs funded by the
California
Department of Education and
the Department of Social
Services to determine if
identified priorities are
being met.
Collaborate with subsidized
and non-subsidized child
care providers, county
welfare departments and
human service agencies, job
training programs,
employers, integrated child
and family service councils,
parent organizations and
other interested parties to
foster partnerships designed
to meet local child care
needs.
Design a
system to consolidate local
child care waiting lists.
Coordinate part-day
programs, including state
preschool and Head Start,
with other child care to
provide full-day child care.
Submit
the results of the needs
assessment and the local
priorities identified by the
local planning council to
the board of supervisors and
the county superintendent
for approval before
submitting them to the
California Department of
Education.
Review
and comment on proposals
submitted to the California
Department of Education 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
California
Department of Education in
the determination of
programs to be funded.
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
if two persons are
identified, or one person
selected by both appointing
agencies, to serve as part
of the Department of
Education team that reviews
and scores proposals for the
provision of services funded
through contracts with the
California
Department of Education.
Local planning council
representatives shall not
review and score proposals
from the geographic area
covered by their own local
planning council.
Develop
and implement a training
plan to provide increased
efficiency, productivity,
and facilitation of local
planning council meetings.
This may include developing
a training manual, hiring
facilitators, and
identifying strategies to
meet the objectives of the
council.
Provide
consultation to the
California Department of
Education and the California
Department of Social
Services regarding the
development of a single
application and intake form
for all federal and state
subsidized child care and
development services.
ARTICLE IV
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DEFINITIONS
These
definitions are in accordance
with AB 1542 Chapter 270
(2.3.-Local Planning Councils)
8499. For
the purposes of this
chapter, the following
definitions shall apply:
- "Block
Grant" means the block
grant contained in the Title
VI of the Child Care and
Development Fund, as
established by the Personal
Responsibility and Work
Opportunity Reconciliation
Act of 1996 (Public Law
104-193).
"Child
Care" means all licensed
child care and development
services and license-exempt
child care, including, but
not limited to,
private-for-profit programs,
nonprofit programs and
publicly funded programs,
for all children up to and
including thirteen (13)
years of age, including
children with special needs
and children from all
linguistic and cultural
backgrounds.
(c) "Child
Care Provider" means
a person who provides
child care services or
represents persons who
provide child care
services.
According
to the SCCDPC the following
are some general examples of
different types
of Child
Care Providers:
-
Family Child
Care
-
School District
-
Community Based
Non-Subsidized
-
Community Based
Subsidized
-
Resource and
Referral
-
Child Care
Payment Program
(AP)
-
Head Start
"Community
Representative" means a
person who represents an
agency or business that
provides private funding for
child care services, or who
advocates for child care
services through
participation in civic or
community-based
organizations but is not a
child care provider and does
not represent an agency that
contracts with the State
Department of Education to
provide child care and
development services.
According
to the SCCDPC the following
are some general examples of
different types
of
Community Representatives:
-
Businesses and
Chamber of
Commerce
-
Healthy Start
-
League of Women
Voters
-
United Way
-
Foundations
-
Labor
Organizations
-
Service
Organizations
(Kiwanis, Rotary
Club)
-
Ethnic
Organizations
(Urban League,
Asian Cultural
Center)
-
Faith Based
Organizations
-
Interested
Citizens
"Consumer"
means a parent or person who
receives, or who has
received within the past
thirty-six (36) months,
child care services.
"Department"
means the California
Department of Education.
"Local
Planning Council" means
a local child care and
development planning council
as described in AB 1542.
"Public
Agency Representative"
means a person who
represents a city, county,
city and county, or local
education agency.
According
to the SCCDPC the following
are some general examples of
different types
of Public
Agency Representative:
-
County Social
Service Agency
and/or County
Health Agency
-
City Government
-
Community
Development
Agency (County
Planning)
-
County Office of
Education
-
Parks and
Recreation
-
Colleges and
Universities
-
Community Care
Licensing
ARTICLE V-
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MEMBERSHIP
Section 1 Composition
- The
SCCDPC will be comprised of
twenty-six (26) members with
one (1) vote each.
- Voting
membership on the council
should include
representatives from the
following: (as specified in
legislation)
Child Care
Providers: 20% minimum
Consumers:
20% minimum
Public
Agencies: 20% minimum
Community
Representatives: 20% minimum
Remaining
20% at the Discretion of the
Appointing Agencies
-
Non-voting members will be
designated as Associate
Representatives and may
serve on various committees,
provide input, be notified
of all meetings, and receive
agendas and minutes.
Section 2
Selection of SCCDPC Members
Thirteen (13)
members are appointed by
Stanislaus County Board of
Supervisors and thirteen (13)
members are appointed by the
Stanislaus County Superintendent
of Schools / or
jointly appointed by both
parties.
Members shall
be appointed using the following
procedure/criteria:
-
Membership shall be open to
any member in the community
through
advertisement/announcements/or
recruitment by appointing
agencies, Council members,
and sponsoring agencies.
-
Applications for membership
shall be submitted to the
SCCDPC Coordinator on a
continual basis.
-
Applications for membership
that are eligible for
vacancies in the appropriate
representation are to be
submitted by the SCCDPC
Coordinator and then
recommended to the
Stanislaus County
Superintendent of Schools
and the Stanislaus County
Board of Supervisors for
final approval and
appointments.
The Executive
Committee shall maintain a list
of approved members to be added
when vacancies occur.
Section
3
Terms of
Membership
Terms of
membership are as approved by
the Stanislaus County
Superintendent of Schools and
the Stanislaus County Board of
Supervisors and are currently
three year terms of membership.
Section 4
Termination of Membership
- A member
shall no longer be a member
if he or she resigns or is
absent without
representation from three
(3) regular consecutive
meetings or a total of 5
regular meeting are missed
in a one year period (July,
1 – June, 30).
- A member
who is absent, or without
representation, from three
(3) consecutive regular
meetings or a total of 5
regular meeting are missed
in a one year period (July,
1 – June, 30) shall be
deemed to have automatically
resigned from the SCCDPC. In
such an event, the member's
status will be noted at the
next regularly scheduled
meeting and recorded in the
SCCDPC’s minutes. The
Chairperson shall, without
further direction from the
member, apprise the
Stanislaus County
Superintendent of Schools
and the Stanislaus County
Board of Supervisors or
their designees of the
member’s resignation and
request the appointment of a
replacement from the list of
approved candidates that is
maintained by the Executive
Committee.
Section 5
Attendance at Meetings
Members are
expected to attend all regular
meetings of the SCCDPC. A member
who is unable to attend or send
a representative to attend will
notify the SCCDPC Coordinator.
A member may
ask for a temporary leave of
absence. In this case, the
member shall notify the
Chairperson and SCCDPC
Coordinator in writing. A member
may request a leave for up to
three (3) months. When a member
is to be gone for more than
three (3) regular consecutive
meetings, or has missed a total
of 5 regular meeting in a one
year period (July, 1 – June, 30)
it shall be up to the
Chairperson to notify the
appointing agencies of the
vacancy. A member who has left
the Council may then reapply and
can be appointed when a vacancy
occurs.
SCCDPC members
may provide, in writing at the
beginning of each fiscal year,
the name(s) of up to two other
individuals to represent them
when they cannot attend a
regular SCCDPC meeting. That
representative shall be from the
same representational category
of the Council member and have
all rights accorded to a regular
Council member.
ARTICLE VI-
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OFFICERS/EXECUTIVE COMMITTEE
Section 1
Officers
The officers
of the SCCDPC shall consist of:
one (1) Chairperson, one (1)
Vice-Chairperson, and one (1)
Finance Committee Chairperson.
The officers are members of the
Executive Committee.
Each
committee, work group, and/or
task force shall elect a
Chairperson who will
automatically become a member of
the Executive Committee.
Section 2
Term of Office
The terms of office are two
(2) years beginning at the July
meeting. An officer shall serve
no more than two consecutive
terms. (For extreme situations
see Article VI, Section 3 Letter
D)
Section 3
Method
of Selection
The
out-going Chairperson will
appoint a Nominating
Committee for the election
of new officers at least one
month prior to the last
regular SCCDPC meeting each
fiscal year.
Nominations for Chairperson,
Vice-Chairperson, and
Finance Committee
Chairperson will be
presented at the last
regular meeting of the
fiscal year. Nominations may
be made from the floor.
Election
of officers shall be held on
the last regularly scheduled
SCCDPC meeting of each
fiscal year.
In the
event that new officers can
not be selected in A, B, or
C above, the Chairperson
shall be empowered to
continue to serve in that
capacity until such a time
as selection for the next
fiscal year can be
completed.
Section 4
Removal
of Officer
The Officers may be removed
from office and relieved of
duties in accordance with the
election process found in
Section 7 of Article VII.
Section 5
Duties
and Responsibilities of Officers
The duties and
responsibilities of the
Chairperson shall be:
To
preside at all regular
meetings of the SCCDPC
and the Executive
Committee.
To
call special meetings.
To
appoint the members of
SCCDPC to committees,
work groups and task
forces.
To
serve as an ex-officio
officer of all
committees.
To
work with the staff and
Executive Committee of
the SCCDPC to prepare an
agenda for each regular
meeting.
To
ensure that members of
the public have an
opportunity to speak on
agenda items at the
appropriate time.
To
represent the SCCDPC at
appropriate functions
and events.
The
Chairperson may limit
public comment to 5
minutes per individual
and /or 30 minutes per
item if so desired.
The
Chairperson in
partnership with the
Vice-Chairperson and
SCOE (current fiscal
agent and legal entity)
shall: recruit, select,
direct and participate
in the evaluation
process of SCCDPC staff.
To
perform all other duties
necessary or incidental
to the office and
effective functioning of
the SCCDPC.
The
duties of the
Vice-Chairperson shall be to
perform the duties of the
Chairperson in his/her
absence or inability to act
or as assigned by the
Chairperson. The
Vice-Chairperson in
partnership with the
Chairperson and SCOE
(current fiscal agent and
legal entity) shall:
recruit, select, direct and
participate in the
evaluation process of SCCDPC
staff. Further to
participate on the Executive
Committee.
The
duties of the Finance
Committee Chairperson is to
work with the SCCDPC staff,
Finance Committee, and
fiscal agent (SCOE) to
recommend budgets and budget
revisions, review and submit
expenditure reports, and
participate on the Executive
Committee. Further to
perform the duties of the
Chairperson if the
Chairperson and
Vice-Chairperson are absent
or unable to act
temporarily.
The
duties and responsibilities
of the Committee
Chairpersons shall be to
serve as members of the
Executive Committee, to call
special meetings, and submit
reports to the full SCCDPC
on activities.
Section 6
Vacancies
Upon
resignation or removal of an
Officer, an election for the
vacant office shall be conducted
at the next regularly scheduled
SCCDPC meeting.
ARTICLE
VII-
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MEETINGS
Section 1
Frequency and Time of SCCDPC
Regular Meetings
There shall be a minimum of
four (4) regular meetings
annually at an hour, day, and
place as determined by the
Council and SCCDPC staff. A
minimum of one (1) meeting will
be held each quarter.
Section 2
SCCDPC
Special Meetings
Special/Emergency
meetings may be called by the
Chairperson, Vice-Chairperson
and/or Committee Chairpersons.
Section 3
SCCDPC
Executive Committee Meetings
The Executive Committee
meetings shall be convened by
the SCCDPC Chairperson a minimum
of once each quarter at a time
and place mutually agreed upon
by the Executive Committee
members and SCCDPC staff.
Section 4
Public
Participation
All meetings of the SCCDPC
and Subcommittees shall be open
to the public and shall be
advertised and conducted in
accordance with the Brown Act.
Section 5
Agenda
Construction and Format
Council members,
identified community
members, and identified
associate
representatives wishing
to put an item on the
agenda must fill out the
Request for
Placing Item(s) on
Agenda Form (SCCDPC
100) and forward to
the SCCDPC staff by the
fourth Wednesday of each
month (See Appendix A-
Procedures for
Requesting to Place
Items on the Agenda).
All agenda items shall
be reviewed by the
Executive Committee and
the SCCDPC Coordinator
at their regularly
scheduled Executive
Committee meeting.
Request for Placing
Item(s) on the Agenda
Form (SCCDPC 100) for
the next regular SCCDPC
meeting will be provided
to all Council members,
identified community
members, and identified
associate
representatives in
attendance at the close
of each regular monthly
SCCDPC meeting. There
will be a specified
return date noted on the
form to allow the
Executive Committee and
the SCCDPC Coordinator
to consider submitted
items when planning the
next regular SCCDPC
meeting agenda.
The
Minimal Focus Areas on
for Regular Monthly
SCCDPC Agenda Must
Include:
-
Welcome/Introduction
- Minutes
from Previous Regular
Monthly SCCDPC Meeting
- Staff
Reports
- Committee
Reports
-
Announcements
-
Adjournment
Distribution of Agenda
-
Members
The agenda of each
regular meeting of the
SCCDPC shall be
delivered to all members
at least 72 hours before
the time of the meeting.
A copy of the minutes of
the previous regular
meeting will be
delivered to all members
no later than 24 hours
before the time of the
next regular SCCDPC
meeting.
Others
Identified
community members,
and identified
associate
representatives who
provide a written
request for regular
meeting agendas will
be provided agendas
in the same manner
and same time as per
all Council members.
The Request to
be Added to the
SCCDPC Monthly
Mailing List Form
(SCCDPC 101)
must be completed by
each proposed
community member,
and associate
representative. The
request form can be
submitted to any one
of the following:
SCCDPC Chairperson,
SCCDPC
Vice-Chairperson or
SCCDPC Staff (See
Appendix B-
Procedures for
Requesting to be
Added to Monthly
Mailing List).
Adding Late Items to an
Already Established Agenda
During an Existing Regular
Meeting
According to the Brown
Act the following
criteria must apply:
- To
add an item on the
already existing agenda
for a regular SCCDPC
meeting it requires a
two-thirds vote of
members present (or if
less than two-thirds of
body present, a
unanimous vote of those
present).
- There
must be a need to take
immediate action.
- The
need to take action came
to the attention of the
SCCDPC after
the posting of the
agenda.
- If
there is a true
emergency.
Section 6
Posting
Requirements
Regular Meetings-
Notice of time, place,
and agenda will be posted a
minimum of 72 hours prior to
the time of the regular
SCCDPC meeting.
Special Meetings-
Notice of time, place,
and agenda will be posted a
minimum of 24 hours prior to
the time of the SCCDPC
special meeting.
Emergency Meetings-
In case of an
emergency, the SCCDPC
may call a meeting with
members using a variety
of methods in order to
secure a quorum, regular
face-to-face, conference
telephone call,
electronic mail, etc. No
posting of the meeting
will be required for
emergency meetings.
However, written minutes
of the meeting and the
action will be included
in the agenda package at
the next regularly
scheduled SCCDPC
meeting.
Section 7
Elections/Decision Making
Process
Quorum Requirements-
A quorum for the
transaction of official
business and elections shall
consist of a minimum of
seven (7) members present.
Members or representatives
officially designated by the
members must be present to
vote at all SCCDPC regular
or special meetings.
Tie Votes-
Tie votes will be settled
by a draw by lot.
Elections-
All
elections shall be
conducted at a regular
SCCDPC meeting.
A
majority vote of the
quorum is required to
determine the candidate
selected as a result of
all elections.
Section 8
Conduct
of SCCDPC Meetings
The meetings of the SCCDPC
shall be conducted in accordance
with Roberts Rules of Order
(Revised Edition) and the Brown
Act.
Section 9
Conflict of Interest
SCCDPC
member(s) and/or
representative(s) selected by
the members shall abstain from
voting if they have a
proprietary interest in the
outcome of any matter, case, or
issue being considered or voted
upon by the organization. Any
SCCDPC member(s) and/or
representative(s) selected by
the members shall also abstain
from voting if they are
affiliated in any way with an
agency that will benefit from
the results of a motion to take
action on an item.
ARTICLE
VIII-
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COMMITTEES
Section 1
Committees, Appointments and
Operations
Standing Committees
The Executive Committee
and Finance Committee are
the only standing
committees. The Executive
Committee shall be comprised
of the Chairperson,
Vice-Chairperson, and other
committee Chairpersons. The
Finance Committee is
appointed by the Chairperson
and approved by the Council.
The Finance Committee elects
the committee Chairperson.
Ad Hoc Committees, Work
Groups, and Task Forces
There shall be ad hoc
committees, work groups,
and/or task forces
appointed by the
Chairperson and approved
by the Council. Each
committee will elect a
Chairperson.
ARTICLE
IX-
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BUDGET AND ACCOUNTING
Section 1
Budget Development and Approval
Process
The Finance
Committee with input from all
committees will develop the
budget and submit to the Council
for approval. All expenditures
must be in accordance with
Education Code Sections
8449.3-8449.7(See Article III)
and comply with Stanislaus
County Office of Education
accounting regulations and
procedures.
Section 2
Determination of Purpose of
Expenditures
The committees
will determine purpose of
expenditures and the Council
will approve or disapprove.
The SCCDPC
Coordinator will then submit the
approved expenditures to the
proper entity (SCOE) for final
approval and authorization.
Section 3
Accounting Procedures/Audits
The procedures
and requirements of the fiscal
agent, Stanislaus County Office
of Education (SCOE), will be
made available to the SCCDPC by
SCOE, and followed by Council
members and staff.
Section 4
Budget Revisions and Approval
Process
The Finance
Committee and the SCCDPC
Coordinator will develop and
submit the budget revisions to
the Council for approval. The
SCCDPC Coordinator will then
submit the approved revisions to
the proper entity (SCOE) for
final approval and
authorization.
ARTICLE X-
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EMPLOYMENT OF PERSONNEL
Section 1
Decision-Making Processes
The Council will make
recommendations to Stanislaus
County Office of Education (SCOE)
for development of a new
position.
Section 2
Development of Job Description
The Executive Committee will
work with Stanislaus County
Office of Education to develop
relevant job descriptions.
Section 3
Employment Practices and
Procedures
The policies and procedures
of the fiscal agent will be made
available to the SCCDPC by SCOE,
and followed by Council members
and staff.
Section 4
Supervisory Responsibilities
The
fiscal agent and legal
entity, Stanislaus County
Office of Education (SCOE),
will supervise staff to the
Council.
The
Chairperson and
Vice-Chairperson of the
Council in partnership with
SCOE (current fiscal agent)
shall: recruit, select,
direct and participate in
the evaluation process of
SCCDPC staff.
ARTICLE XI-
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ADOPTION AND AMENDMENT
Section 1
Adoption
Bylaws must be approved by
SCCDPC by a majority vote of the
quorum after a first and second
reading at two regular SCCDPC
meetings. They will then be
forwarded to the Stanislaus
County Superintendent of Schools
and the Stanislaus County Board
of Supervisors with a
recommendation for final
approval. Upon subsequent
approval by both appointing
agencies the bylaws shall become
immediately effective.
Section 2
Amendment
These bylaws
are subject to amendment in
accordance with Roberts Rules
of Order. The bylaws may be
amended by a majority vote of a
quorum of the organization
provided that fifteen (15)
calendar days prior to the
meeting, the full membership is
notified of the language of such
change(s) and of the time, date,
and place of the intended voting
on such change(s).
Subsequent to
approval of an amendment, both
appointing agencies must approve
of the amendment. Upon their
approval, the amendment shall
become immediately effective.
Adopted/Approved 10/28/98
First Amendment: Article IV,
Section 3, Section 5/Approved
9/2/99
Second Amendment: Article
I-XI 06/07/01
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