The Contra Costa Commission for Women and Girls was formed to educate the community and advise the Contra Costa County Board of Supervisors on issues relating to the changing social and economic conditions of women in the County, with particular emphasis on the economically disadvantaged. The Commission's mission is, “to improve the economic status, social welfare, and overall quality of life for women in Contra Costa County.”
BYLAW REVISIONS
In September 2017, the Internal Operations Committee held a discussion about problems that had been reported concerning the Commission for Women and Girls and has worked with the Commission to institute policy and bylaws changes to address the issues that have hindered functioning of the Commission. The Commission met to discuss bylaws revisions and clarifications and submitted bylaws amendments to the Family and Human Services Committee for review at the March 22, 2021 FHS meeting. The proposed Commission bylaws changes as presented at the March 22, 2021 FHS meeting are summarized below:
ARTICLE III. MEMBERSHIP, Section 2. Member Responsibilities and Section 6. Removal: Moved language pertaining to member absences from Section 2 to Section 6, since Section 6.2. addresses membership attendance.
ARTICLE III. MEMBERSHIP, Section 4. Terms of Appointment: Added the seat term staggering plan and as previously approved by the Board to extend seat terms from 3 years to 4 years, and not included in the last bylaws revision.
ARTICLE IV. OFFICERS, Section 1. Nomination of Officers: Established the annual February Commission meeting for the annual appointment of officers.
ARTICLE IV. OFFICERS, Section 2. Election of Officers: Removed ballots process at a membership committee and replaced with the election being conducted publicly at a commission meeting and by majority vote.
On March 22, 2021, FHS reviewed the bylaws amendments and recommended that the Board of Supervisors accept the amended bylaws of the Contra Costa Commission for Women and Girls. However, FHS’s recommendation of the acceptance of the amended bylaws was not subsequently submitted to the Board of Supervisors for adoption.
FISCAL ADMINISTRATION
Similar to other County advisory bodies, the Commission for Women receives no financial support from the County. County advisory bodies are composed of volunteer citizens and typically receive limited staff support from the County. For many years, the Commission partnered with the Friends of the Commission for Women, a private 501(c)(3) nonprofit entity formed in 2003, to provide funding for Commission activities. In recent years, however, the priorities of the Commission and the Friends group appeared to diverge and the Commission was unable to function effectively. Many members resigned due to dissatisfaction and disenfranchisement.
In 2018, the Internal Operations Committee amended the Commission bylaws to create an arms-length relationship between Commission and the Friends group, stipulating that Friends members who were also members of the Commission must recuse themselves from Commission issues involving Friends funding. The IOC also directed that any Commission funds be deposited to the County Treasury in an account designated for the Commission. The Commission was asked to provide an accounting of its funds available for transfer.
On June 26, 2021, the Friends group filed for dissolution with the California Secretary of State and distributed its fund balances to two entities: Stand! For Families Free of Violence and Community Violence Solutions.
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BYLAW REVISIONS
After March 22, 2021, the Commission met again to discuss additional bylaws revisions and clarifications and approved more changes as shown in the attachments. The recommended bylaws amendments attachments include both a red-lined version showing the additional proposed changes from the last revision and a clean version with all proposed changes included. The substantive newly proposed changes are summarized below:
ARTICLE I. NAME, Section 2.: Updated the year when the Advisory Committee was renamed the Contra Costa Commission for Women, updated the name of the Advisory Committee, and included information regarding when the Board of Supervisors adopted the revised bylaws that changed the name of the Commission to Contra Costa Commission for Women and Girls.
ARTICLE III. MEMBERSHIP, Section 1. Members: Removed the language defining diversity with six social identities: racial, ethnic, age, religious affiliation, gender, and sexual orientation.
ARTICLE III. MEMBERSHIP, Section 2. Member Responsibilities.: Added additional member responsibilities with the expectation that at-large members will endeavor to attend one Board of Supervisor’s meeting each year, members will be an ambassador and proponent of the Commission, and all members will be expected to serve on at least one committee annually. Included clarification language.
ARTICLE III. MEMBERSHIP, Section 4. Terms of Appointment: Specified that the staggered expiration dates for member seats will occur at the end of the first year, second year and third year, respectively.
ARTICLE III. MEMBERSHIP, Section 5. Vacancies: Added a topic phrase at the beginning of each paragraph to summarize the subject of the paragraph. Changed the name of the Committee to which the Commission will recommend applicants from the Internal Operations Committee to the Family and Human Services Committee. Included other clarification language.
ARTICLE III. MEMBERSHIP, Section 6. Removal: Added the language to state that the Chair will notify the Board of Supervisors of the vacancy upon receipt of a written notice of resignation. Updated the topic phrase at the beginning of each paragraph. Specified that members whose attendance rate falls below 45% should be within the previous twelve regularly scheduled meetings. Split paragraph 2 into paragraphs 2, 3 and 4 with topic phrases added at the beginning of each paragraph. Renumbered the previous paragraphs 3 and 4 to paragraphs 5 and 6. Changed the “Membership Committee” into the “Commission Chair and Vice Chair” to be the body that will review the matter should a meeting attendance recommendation be triggered under this section. Added a sentence that the Chair will notify the BOS of the poor conduct and recommendation for removal. Included other clarification language.
ARTICLE IV. OFFICERS, Section 1. Nomination and Election of Officers: Removed the previous Section 1. Nomination of Officers. Changed the previous Section 2. Election of Officers into a new Section 1. Nomination and Election of Officers. Removed the language regarding a report from the Membership Committee on the nomination of officers shall be given at the regularly scheduled Commission meeting each February. Updated the language to clarify the process of the nomination and election of officers.
ARTICLE V. MEETINGS, Section 1. Regular Meetings: Changed regular meetings to be held on the 4th Tuesday of each month and updated the address of the meeting location.
ARTICLE V. MEETINGS, Section 2. Special Meetings: Updated the address of the meeting location.
ARTICLE V. MEETINGS, Section 3. Action at a Meeting: Quorum and Required Vote: Added the requirement that a quorum must be present to conduct a meeting. Included clarification language. Added the statement that “Commissioners who also have membership in an organization that provides funding to the Commission must recuse themselves from any discussion and/or vote pertaining to the use of those funds.”
ARTICLE VI. COMMITTEES, Section 2. Standing Committees: Removed Events Committee from being a Standing Committee, and removed the language describing the responsibilities of the Events Committee. Renumbered Legislative Committee, Membership Committee and Public Relations Commission. Removed the language regarding the submission of recommended applicants’ names from the Membership Committee to the Internal Operational Committee for possible consideration by the Board of Supervisors for appointment and keep the Executive Committee appraised of the status of pending appointments. Included other clarification language.
ARTICLE VI. COMMITTEES, Section 4. Terms of Committee Membership: Clarified that membership of standing or special Committees will be reviewed and confirmed in the month of March, not February. Removed the sentence requiring all members of Commission must serve on at least one Standing and/or Special Committee.
FISCAL ADMINISTRATION
For the administration of funds secured by or on behalf of the County's Commission for Women and Girls, the County Administrator's Office established budgetary organization #1153 in Department 0135-Economic Development, which is overseen by the County Administrator's Office. In consultation with Commission Chair Kelly Clancy, the following procedures have been established for depositing and accessing Commission funds:
A. Solicit Funds or Apply for Grants
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Commission Chair or Treasurer completes and submits “FIN1- Form” (Attached) to the CAO liaison for approval or rejection by the Board of Supervisors.
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Commission Chair or Treasurer takes appropriate action only after receiving notification by the CAO liaison of the Board of Supervisors’ official approval and authorization.
B. Receipt of Each Gift or Bequest
v Regardless of Value
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Commission Chair or Treasurer completes and submits “FIN2- Form” (Attached) to the CAO liaison for approval or rejection of the gift or bequest.
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Commission Chair or Treasurer submits any cash or checks received with the gift or bequest to the CAO liaison with the “FIN2- Form.”
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Commission Chair or Treasurer keeps account of funds received.
C. Expenditure of Commission funds
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Commission Chair or Treasurer directs the CAO liaison, via email, to expend funds after affirmative vote by Commission quorum (substantiated by Commission minutes). Expenditure of Commission funds are processed in accordance with the County’s purchasing policies and procedures.
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Commission Chair or Treasurer keeps account of expenditures. CAO liaison will reconcile Commission’s financial reports with the County Finance System.
Ms. Clancy advised staff that the Commission has no funds to transfer to the new account at this time.
Fundraising and Solicitation
Currently, there is no State statute or County policy that would allow the County's Commission for Women and Girls to engage in fundraising. The State’s Commission on Women and Girls is statutorily authorized to do fundraising, accept gifts, donations, hold events, etc. (Gov. Code 8244(f).) This appears to be unique authority in the State and likely why most local fundraising is conducted by non-profit charitable organizations, such as "friends groups" that support particular public causes. Moreoever, County policies on advisory bodies contain restrictions that would hamper fundraising activities, i.e., "Advisory bodies, in general, should not engage in activities or projects that are not specifically authorized by the Board. (Contra Costa County, Advisory Body Handbook: Guidelines & Resources for Boards, Committees, Commissions, and Councils Governed by the Contra Costa County Board of Supervisors, Oct. 2021, at p. 6.)." County policies forbid Board advisory bodies to establish bank accounts, handle cash, or transact cash business of any kind.
The Commission's Women's Hall of Fame gala and Makers Market likely involve handling cash (e.g., raffles), spending County funds (e.g., preparing for and planning fundraising events or opportunities), and contracting for goods or services (e.g., to host events) — activities that advisory bodies are specifically prohibited from engaging in. The Hall of Fame gala, for example, can in future be hosted as a publicly sponsored event with free admission, funded through grants and donations, as ticket sales might limit those who can attend to only those who can afford to attend rather than to the public generally.
The California Attorney General’s Office has issued two opinions related to fundraisers in the context of raffles and opined in both scenarios that the charitable organizations seeking to utilize a raffle as a fundraising tool could not lawfully do so because the raffles in question violated state gambling laws. (71 Ops.Cal.Atty.Gen. 139; 82 Ops.Cal.Atty.Gen. 12.) In California, certain tax-exempt organizations such as charities may hold fundraising raffles, but the California Constitution does not expressly authorize counties or their commissions to conduct raffles. (Cal. Const. art. IV, § 19(g).) The County does not meet the statutory definition of an eligible organization that may conduct a raffle because it is not a private non-profit. (Id.) However, these limitations may not impede a foundation or other eligible entity from fundraising on behalf of the Commission, so long as they comply with the laws governing charitable organizations in the state of California (including registration, filing, and reporting requirements). Thus, it is possible for the Commission to partner on a one-time or ongoing basis with a foundation or other eligible entity to promote, with Board authorization, specific events.
Alternatively, unlike fundraising, the Commission is not expressly prohibited from accepting grants or donations and may be empowered by the board to do so in order to carry out its purpose. (See 71 Ops.Cal.Atty.Gen. 121 at pgs. 2-3.) While public agencies and their commissions may not solicit donations, they can provide information on their public websites as to how and where donations can be made. With Board authorization, the Commission may apply for grants. With Board authorizaiton granted on February 1, 2022, the Commission for Women and Girls submitted a grant application (attached) to the California Commission on the Status of Women and Girls, which is the State's fiscal agent to grant and administer $5M statewide to support the existing and emerging needs of women in California who have been disproportionately impacted by the COVID-19 pandemic. The Commission requested funds in each of the following categories:
- Capacity Building $50,000 -- Strengthen an existing organization’s systems and operations; establish a new local commission (city or county); and may involve human capacity, developmental skillbuilding, or structural sustainability to improves ability to serve intended target audience of local women and girls.
- Communications $50,000 -- Design and/or support digital communications strategies; support education and engagement opportunities to reach intended audience; may involve website development, social media, online content creation, collateral development, language translations, media/PR efforts.
- Community Engagement $150,000 - Create, facilitate, and promote outreach and engagement opportunities; collect stories, data and community solution proposals and gather input from women impacted by the COVID-19 pandemic (will be shared with CCSWG and the public); may involve public meetings, interviews, convening with community groups and residents with an emphasis on strategic engagement of underrepresented women and girl’s voices.
- Direct Services $150,000 -- Support the organization’s existing programming and direct services; increase services to the intended target audience of women for the purpose of improving economic opportunity and security for women and girls.
- Re-granting $250,000 -- Support the organization’s existing grant program(s); expand impact to the intended target audience of women and girls for the purpose of improving economic opportunity and security for women and girls.
Grant recipients will be notified by email during the week of February 22-28, 2022 and activities can commence on March 1, with progress reports due quarterly beginning on May 1. Should the Commission be a grant recipient, grant funds would be deposited in the new County account and administered by the County Administrator's Office on behalf of the Commission.
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