No fiscal impact.
In recognition of the need by unincorporated communities for increased influence with the Boards of Supervisors, the Board has established municipal advisory councils under authorization of a 1971 legislative statute (ref Government Code section 31010). Such a council is an advisory body of local citizens appointed by the board of supervisors with the purpose of representing the community to the board. A municipal advisory council has no fiscal or administrative authority. Because it lacks authority to implement its position directly, it seeks to accomplish its goals through county government. These councils face two ways: toward the county, offering the views of the community; and toward the community, supplying information about county proposals and a place where individuals can air opinions on community problems and perhaps receive assistance and guidance. The councils hold public meetings, survey community opinion and speak for the community to the board of supervisors. The most common subject of activity is land-use planning.
In 2006, the Board of Supervisors adopted Resolution No. 2006/395 specifying that, effective July 1, 2006, all County MAC members shall be selected and appointed by the Board of Supervisors (rather than elected) upon nomination by the District Supervisor who represents the unincorporated area served by the council. Prior to that action, MAC members comprised a mix of elected and appointed members depending on how the MAC was established. MACs, at that time, were generally considered to be public bodies and their members public officials. However, since the County's MAC members are now appointed by and serve at the pleasure of the Board of Supervisors, and because their role is purely advisory to the Board, they are no longer considered public officials as defined in the Political Reform Act and are not required to maintain a Conflict of Interest Code nor file annual financial disclosure (Form 700) statements.
MACs members remain, however, Board of Supervisors appointees and, as such, must follow the Policy for Board Appointees Concerning Conflict of Interest and Open Meetings (Resolution No. 2002/376), which states:
Should the Board elect not to approve the recommendations, then MACs, which are solely advisory, will continue to be subject to their Conflict of Interest Codes and their members will file annual financial disclosure statements, even though this is not legally required.
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