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    10.    
INTERNAL OPERATIONS COMMITTEE
Meeting Date: 04/13/2015  
Subject:    TRIENNIAL REVIEW OF BOARD ADVISORY BODIES - PHASE I
Submitted For: David Twa
Department: County Administrator  
Referral No.: IOC 15/13  
Referral Name: Triennial Review Report
Presenter: Terry Speiker, Chief Assistant CAO Contact: Vicky Mead 925-335-1907

Information
Referral History:

The Board of Supervisors has asked a number of county residents, members of businesses located in the county and/or county staff to serve on appointed bodies that provide advice to the Board on matters of county or other governmental business. Members provide a resident’s, business or county staff perspective on a wide variety of policy issues or programs that the BOS oversees. Their efforts can directly affect the quality of life in Contra Costa County and they provide countless hours in this public service.

Appointees begin their official advisory body involvement through BOS action and serve for a specified term. Each body has an enabling charge and bylaws, which spell out structure, work processes and the expectations of members. Although bodies do not have the authority to hire employees, most bodies have been assigned county or contracted staff to assist the Chair, Vice Chair and the members with conducting the business of each body and providing regular reports, recommendations and advice to the BOS or other units of government. The business of each body is public and governed by all the applicable state and local laws about transparency and availability of the body’s records to the members of the public. Some bodies are required to adopt a conflict of interest code, although the Fair Political Practices Commission asked us in 2014 that we review all bodies with these code requirements to see if they are legally necessary, according to State Law. Bodies are expected to file an annual work plan with the BOS and a list of goals and priorities that will guide their work for that year. They also are asked to submit an annual report that summarizes their accomplishments and activities.

Periodically the BOS evaluates and examines the advisory bodies to determine if any changes are needed in the structure, composition, Board charge, enabling mandate, assignments or the inner workings of the bodies. Some of these reviews have led to changes in bylaws, membership requirements, structure, enabling charges, assignments/duties or sun-setting of the body.


Beginning in 2010 and concluding in 2011/2012, the BOS conducted an extensive review of advisory body policies, makeup and structures and passed Resolution Nos. 2011/497 and 2011/498, which revised and restated the Board’s governing principles for the bodies. The Resolutions dealt with all bodies, whether created by the BOS as discretionary or those that the BOS is mandated to create by state or federal rules, laws or regulations. The Resolutions directed the CAO/COB’s Office to institute a method to conduct a rotating triennial review of each body and to report on the results of that review and any resulting staff recommendations to the BOS, through the IOC, on a regular basis.

The Resolutions laid out the questions and issues on which the Supervisors wanted the report to be based and directed that the information be requested from and submitted by each advisory body once every three years. Board members were particularly interested information concerning whether or not advisory bodies should continue in their existing forms or structures or if their duties, or membership should be changed. They also asked for staff comments on the possibility to sunset committees or to merge bodies together for more efficiencies, greater productivity or better service to the public.

This memo and the attached reporting documents is the first of these triennial reviews. In addition to self-reported information submitted by the bodies that were reviewed, it also contains staff comments or recommendations that came about as a result of the materials that were submitted. The mandatory or discretionary nature of each body is also indicated.

Referral Update:
Staff recommendations or summary comments about individual bodies are presented for BOS consideration in the remainder of this memo. Additional Triennial Review information and specifics about individual bodies can be found in the complete report, which is attached.
  • Bay Area Library Information System Advisory Council (BALIS): notification has been received from the County Librarian that this Advisory Body has been sun-set by its enabling body (the State of CA). Because of this change, it can be deleted from the BOS list of Advisory Bodies to whom the BOS makes an appointment. (Was a mandatory body)
  • Contra Costa County Advisory Council on Aging: Based on the Triennial Review materials submitted, there might be “mission creep” in the work activities described, into both program and policy areas, rather than the body remaining in strictly an advisory role to the BOS and the Area Agency on Aging, for plan development (see the Advisory Council on Aging section of attached report for specific examples). This body's requirement of filing a Form 700 should be reviewed by County Counsel. (Mandatory body)
  • Countywide Bicycle and Pedestrian Advisory Committee of Contra Costa Transportation (Joint Powers) Authority (CCTA)and Countywide Bicycle Advisory Committee of Contra Costa County: these two bodies are presented together because there can be confusion about their differing obligations. The first committee, which is a mandatory body, is a component of the regional CCTA transportation planning efforts; there is no need for change in their work or structure. The second body, which is a BOS discretionary body, meets informally, usually once per year, according to information received from the Department of Conservation and Development (DCD) staff. It does not have written policies; it also has several members whose terms have expired. Its primary purpose appears to be the review of revenue allocations and comment on whether or not bicycle and pedestrian projects are included in projects funded by the CA Department of Mass Transportation. Supervisors might want to ask DCD to review all aspects of the body’s work and bring recommendations to the BOS for restructuring the membership, charge and structure or recommend incorporating the work of this body into other duties of the department or other advisory bodies.
  • Economic Opportunity Council: The only change that staff recommends the BOS consider is to ask County Counsel to review the necessity for the members to continue to file the Statement of Economic Interest. (Mandatory body)
  • Hazardous Materials Commission: No changes appear to be necessary at this time. (Mandatory body)
  • Agricultural Task Force Commission: In the 12 months in 2012/13, immediately prior to this Triennial Review survey, materials that were submitted indicate that the body did not convene and that it did not have current bylaws. The BOS may want to ask the newly appointed department head to review the charge, work and structure of this body and bring recommendations for any changes, including sunset or merger with other advisory bodies, back to the IOC for Supervisorial consideration and direction. (BOS discretionary body)
  • Contra Costa County Alcohol and Other Drugs Advisory Board: When originally created, this body was mandated by State law; that mandate was repealed in 1993. The only issue that has arisen from review of the body’s submitted materials is the extensive amount of county staff time that appears to be necessary to support the subcommittee work undertaken by this body. (Was originally a mandatory body; now is a BOS discretionary body)
  • Arts and Culture Commission of Contra Costa County: This BOS advisory body is the only entity allocated funds ($15,000) within the county’s budget to help carry out its activities. The body has developed a regional and State-wide reputation and focus to promote the arts; advisory work with the BOS was less well documented in the materials submitted by the body. The BOS may wish to ask the Senior CAO Deputy assigned to work with this body explore with the group’s members whether or not the entity should reconsider/redefine its focus as an advisory body to the Board or explore spinning off as a non-profit organization. (BOS discretionary body)
  • Aviation Advisory Committee: Staff recommends that the functions of this body in relation to the County’s policy-making Airport Land Use Committee and the BOS Airports Committee be considered for further review by all the appropriate BOS policy-making bodies to determine if advisory functions continue to be necessary at this time. If a determination is made to continue the body, the necessity of filing the Form 700 should be reviewed by County Counsel. (BOS discretionary body)
  • Contra Costa County Commission for Women: This body’s major activities, as described in the Triennial Review materials, are to regularly host and participate in local, regional and national seminars and outreach activities on women’s issues. The advisory role to the BOS was less clearly outlined or articulated in the materials submitted. The body reports having difficulty meeting quorum requirements for meetings; this situation might be occurring because the membership of appointees is quite large. CAO staff suggests the BOS consider asking the body to work with the CAO Senior Deputy assigned to the body to review and update both their current work plan to provide advice to Board on the issues of women and girls in Contra Costa County, and the body’s structure, bylaws and membership requirements so an advisory body meeting quorum can more easily be met. (BOS discretionary body)
  • Emergency Medical Care Committee: This body is under the purview of the Health Services Department. Although the current activities and scope of the committee appear to exceed the original purposes for which the body was developed, no recommendations are made for a change in structure at this time. However, the Supervisors may wish to incorporate some of this entity’s work activities into an appropriate BOS Committee or expand the advisory body’s official charge. (BOS discretionary body)
  • Historical Landmarks Advisory Committee: Based on the report materials submitted, the functions of this advisory committee have primarily been to assist the Department of Conservation and Development (DCD) to identify historical sites within the County and affect registration as landmarks. The body’s report indicates that it met 6 times over the 36 months prior to when the triennial review was submitted. It is possible that a local non-profit Historical Society would be willing to continue to provide advice to both DCD and the Board without continuation of this BOS advisory body. (BOS discretionary body)
  • Integrated Pest Management Advisory Committee: Based on the materials submitted by the body, their activities appear to have focused a significant amount of effort on evaluating internal operations of the County departments with whom it interacts. There are no specific changes suggested by staff at this time unless the BOS would ask them to undertake any changes/modifications to their annual work plan and activities. (BOS discretionary body)
  • Library Commission: This body has enabling legislation, passed in collaboration with the Mayors’ Conference, which continues in effect until the end of 2016. Staff recommends that the triennial review of this body be postponed until the 2015-2016 review cycle to coincide with this 2016 date and to enable the current County Librarian (who was not yet on board when this review process was conducted) to participate in the review of the body. This delay would also give the Librarian an opportunity to work with the body to submit a current annual report and work plan to the BOS. (BOS discretionary body)
  • Public and Environmental Health Advisory Board: This body is another entity under the purview of the Health Department, with staff duties also assigned to this department. The body did not submit Triennial Review materials. However, the department did report that the body has stopped meeting for an indefinite period. There is also is no staff support available at this time. The IOC/BOS should consider requesting that the Health Department submit a status update on the body, including any necessity to maintain the body for funding purposes. (BOS discretionary body)
Recommendation(s)/Next Step(s):
  • The IOC is asked to provide direction regarding any of the findings and recommendations to the staff report.
  • Staff to return to the Committee with answers to any questions or issues that were raised in this first Triennial Review.
  • Staff to complete the next set of advisory body reviews for IOC/BOS, based on Supervisorial input and direction from the first set of reviews.
  • Staff to continue to work with and train the advisory body members, as well as the County or contract staff assigned to the bodies, in the Triennial Review process and the other materials (annual reports and annual work plan) that bodies should be regularly filing with the BOS.
Fiscal Impact (if any):
There is no immediate fiscal impact of the review. However, the advisory body members, who volunteer many hours of their time to assist the Board of Supervisors in considering issues of county government that affect the residents and businesses of Contra Costa, provide a valuable service that has not been quantified or calculated in financial terms.
Attachments
CAO TRIENNIAL ADVISORY BODY REVIEW - PHASE I REPORT AND RECOMMENDATIONS

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