BYLAWS
OF
SIERRA COUNTY CHILD CARE COUNCIL
(LOCAL PLANNING COUNCIL, "LPC")
UNDER FISCAL SUPERVISION OF THE SIERRA COUNTY CHILD ABUSE COUNCIL

ARTICLE I
NAME, AUTHORITY, PURPOSE, AND SCOPE OF RESPONSIBILITY

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SECTION 1. NAME
The Sierra County Child Care Council shall be known as the Local Planning Council, referred to hereafter as the "LPC".

SECTION 2. AUTHORITY
Pursuant to the provisions: California Education Code Sections 8499 et seq., as adopted in 1991 (A.B. 2141) and amended in 1997 (A.B. 1542), the Sierra County Board of Supervisors and the Sierra County Superintendent of Schools established the Sierra County Child Care Council to serve as the local child care planning council. The establishment of the Council was evidenced by the Board of Supervisors adoption of Resolution No. 91-208 on August 6, 1991. In accordance with the amendments to Education Code Section 8499.5, the Board of Supervisors and the County Superintendent of Schools reaffirmed the existence and designation of the Council as the "Local Planning Council" for the purposes set out under Education code Sections 8499 et. seq., pursuant to Board of Supervisors Resolution No. 98-050.

On April 17, 2007, the Board of Supervisors adopted Resolution No. 2007-051 as Reestablishing An Independent Local Planning Council Pursuant to Education Code Section 8499.3. The LPC will act as an independent advisory council under the fiscal responsibility of the Sierra County Child Abuse Council, referred to hereafter as SCCAC.

SECTION 3. PURPOSE
The purpose of the Council shall be to identify child care and development services priorities, to enhance cooperation among children's services, interest groups and agencies, to develop a strategic long-range plan for a broad spectrum of child care and development services, to advocate for support of child care and development services at the local, state, and federal levels of government.

The mission of the council is to serve as a catalyst in mobilizing resources designed to meet child care needs in Sierra County.

SECTION 4. SCOPE OF RESPONSIBILITY
The Council responsibilities are set out in Part 6, Chapter 2.3 of the Education code, commencing with Section 8499 (Attachment 1).

ARTICLE II
MEMBERSHIP, TERMS, RESIGNATIONS, VACANCIES, DUTIES, AND COMPENSATION

SECTION 1. MEMBERSHIP & APPOINTMENT
The LPC shall consist of five (5) voting members. In the event that alternates may be appointed, the LPC may exercise its options to appoint 5 alternates that will attend meetings when regular members cannot. The alternates will comply with member representation. Representation shall comply with the requirements of the California Education Code Section 8499.3 (c) (1). Board of Supervisors and the County Superintendent of Schools shall each appoint one-half of the members. The LPC shall review each new member application and a vote to accept or deny the appointment will occur. Every effort shall be made to ensure that the ethnic, racial, and geographic composition of the Council is reflective of the ethnic, racial, and geographic distribution of the county population. Pursuant to Education Code, 8499.5, the Council shall consist of members from each of the following categories:

1. Child Care Providers (20 percent) - persons providing child care services or persons representing childcare providers

2. Child Care Consumers (20 percent) - either a parent or person who has received child services within 36 months previous to his or her appointment to      the Council

3. Public Agency Representatives (20 percent) - persons who represent a city, a county, a city and a county, or a local education agency

4. Community Representatives (20 percent) - persons who represent 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 contract     with the California Department of Education to provide child care and development services.

5. Discretionary Representatives (20 percent) - persons recommended for appointment at the discretion of the Board of Supervisors and the Superintendent     of Schools.

SECTION 2. MEMBER TERMS
Members shall serve a two-year term. At the completion of a term, members so appointed may reapply to the appointing authority.

SECTION 3. RESIGNATION
Any member may resign by giving written notice to the LPC and to their appointing authority, in the manner required by law; provided however, that a resignation shall not become effective until accepted by the LPC and the appointing authority and no resignation shall be effective if it would create a vacancy of a majority of the members of the LPC.

SECTION 4. VACANCIES
The Board of Supervisors and/or County Superintendent of Schools shall appoint a representative to fill vacancies in the areas of representation in which they occur. Notice of any vacancies shall be published prior to the appointment of a new member. The LPC may also submit recommendations for appointment. All members identified for appointment must complete a Sierra County Child Care Council Application. The member appointed to fill the vacancy will serve out the remainder of the vacant two-year term.

SECTION 5. DUTIES
Full participation is expected from all voting members. Full participation includes regular attendance, cooperation, and participation in LPC committees.

SECTION 6. COMPENSATION
Members of the LPC shall serve without compensation except for the reimbursement of approved actual and necessary travel costs, duplicating expenses, and other expenses.

LPC members may seek reimbursement for costs incurred to care for children while attending meetings. Receipts for actual child care costs must be provided and submitted on the appropriate reimbursement form.

Mileage and other travel expenses incurred for LPC-related business will be reimbursed in accordance with the established rates in the most current CDE/CDD Management Bulletin; all other related reimbursements shall abide by guidelines detailed in the SCCAC Personnel Policies and Procedures (Appendix A).

SECTION 7. LPC ALTERNATES
In the event that alternates may be used, an alternate may be chosen by the LPC Coordinator or the LPC membership. After approval of the LPC, in the absence of a Chairperson, an alternate may sit on the LPC in his or her place. The Council member's alternate must satisfy the same demographic category as the member being substituted for.

 

ARTICLE III
MEETINGS, ANNUAL MEETING, ATTENDANCE, QUORUM, AND BROWN ACT

SECTION I. MEETINGS
All meetings shall be open and public in accordance with the Ralph M. Brown Act. Time shall be set aside for public comment on items not posted on the agenda.

Items with regard to LPC business may be placed on the agenda by submitting the request in writing, by email, or fax to the Coordinator fourteen (14) days prior to the monthly meeting. All reasonable requests will be considered for placement on the Agenda; however, LPC business will receive priority.

The LPC shall meet one time each month in Sierra County. There are no meetings held in August or December. The LPC Coordinator will determine the date and location of the monthly meeting and post this information in accordance with the Brown Act.

SECTION 2. ANNUAL MEETING
The annual meeting will be held in June for the purpose of electing officers, setting goals and objectives, reviewing attendance, training, and other relevant activities.

SECTION 3. ATTENDANCE
Attendance of members shall be monitored yearly and reviewed at the annual meeting in June. Members that have three (3) or more unexcused absences in any year may be recommended for replacement.

SECTION 4. QUORUM
All meetings requiring action by the LPC must achieve a quorum of a majority of the members, and action by the LPC shall require majority vote of the members present. Each member shall be entitled to one vote.

SECTION 5. BROWN ACT
All meetings shall be agendized, called, and conducted in compliance with the provisions of the California Open Meeting Laws ("Brown Act"), Government Code Section 54950 et. seq. The agenda shall be posted on a public notice area not less than seventy-two (72) hours prior to the meeting. In accordance with the Brown Act, special ("emergency") meetings may be called, with agendas posted on public notice area not less than twenty-four (24) hours prior to the meeting.

As per the Brown Act, the LPC Coordinator shall serve as the clerk of the Council for the purposes of coordinating the call of any meetings, preparation and posting of agendas for Council meetings. The LPC Coordinator shall maintain any notes and minutes pertaining to the LPC portion of the SCCAC meeting. All such documents shall be deemed to be public records and shall be open for public inspection as provided for in Government Code Section 6500 et. seq., except for items designated for Closed Session (i.e., hiring committee business, etc.). The designation of the Coordinator to perform the duties set out above may be changed by the adoption of a resolution approved by the LPC and/or SCCAC; copies of which shall be transmitted to the County Superintendent of Schools and the Board of Supervisors, and kept on file at the SCCAC Main Office at 315 Main Street, Loyalton, California.

ARTICLE IV
OFFICERS AND OFFICERS' DUTIES

SECTION 1. OFFICERS
LPC offices shall consist of Chairperson and Vice Chairperson. LPC offices of Chairperson and Vice Chairperson shall be elected by a majority vote of the LPC members present at the annual meeting in June and shall serve for one year. Terms will begin the first of July each year.

An officer may serve two consecutive terms, and then, if other members are unwilling to serve , the current officer may continue to serve on a year-to-year basis.

SECTION 2. DUTIES OF OFFICERS
It shall be the duty of the LPC Coordinator to call special or emergency meetings, set agendas, make assignments, and preside over meetings of the LPC.

It shall be the duty of the Vice Chair person to perform the duties of the Chairperson in the absence of that officer. The Vice-Chairperson should assume the office of Chairperson, if Chairperson resigns before his or her term is completed. In the absence of both officers, the Coordinator will chair the meetings.

ARTICLE V
COMMITTEES

Committees to address needs or requirements of the LPC may be appointed by the Chairperson as needed and shall serve in ad hoc status. If any standing committees are established, their meetings shall be held in accordance with the provisions of the Brown Act.

All committees shall work in an advisory capacity to the full operating LPC unless express authority to take action is given by the full LPC.

Any committee may be disbanded upon affirmative majority vote of the LPC.

ARTICLE VI
DESIGNATION OF CONTRACTOR AND ADMINISTRATIVE

SECTION 1. DESIGNATION OF CONTRACTOR
On March 15, 2005, the Board of Supervisors adopted Resolution No. 2005-045, and the Superintendent of Schools signed a letter designating the Sierra County Child Abuse Council (SCCAC) to be the Contractor for the Local Planning Grant effective July 1, 2005, from the California Department of Education/Child Development Division.

On April 17, 2007, the Board of Supervisors adopted Resolution No. 2007-051, recognizing and authorizing the to reestablish an independent Local Planning Council in accordance with the provisions of Education Code Section 8499.3, consisting of five members. It has been reestablished as a Local Planning Council, as a body that is independent from Sierra County Child Abuse Council in accordance with representation requirements set out in Education Code Section 8499.3.

SECTION 2. ADMINISTRATIVE
The LPC shall not employ staff and in lieu thereof, shall receive staff and administrative support from SCCAC. SCCAC shall be compensated for services in accordance with the provisions of the administrative allowances specified in the California Department of Education, Child Development Division, Local Planning Council contract.

The SCCAC shall advertise for and hire an LPC Coordinator for the purposes outlined in Article III, Section 5. The LPC Coordinator shall be supervised by the SCCAC Executive Director, and answer directly to the LPC Council and/or SCCAC Board of Directors, as needed.

SECTION 3. ASSISTANCE FROM COUNTY OR SUPERINTENDENT
The LPC may also, from time to time, receive limited support or assistance from staff employed by the County and/or the County Superintendent of Schools and to the extent that any such assistance is provided, it shall constitute an appropriate charge against any eligible or available funds.

SECTION 4. DEPOSIT AND ACCOUNTING OF FUNDS
Any LPC funds received by the SCCAC shall be maintained with a separate accounting code as specified with the SCCAC bookkeeper, accounted for by SCCAC as specified in the Child Development Attendance and Fiscal Reporting and Reimbursement Procedures Manual (the "Green Book").

ARTICLE VII
CONFLICT OF INTEREST

No member of the LPC shall participate in a vote or discussion if he or she has a proprietary interest in the outcome of the matter being voted upon. If required by law, the LPC shall adopt a local conflict of interest code which shall be filed with the Sierra County Clerk and approved by the Board of Supervisors, as provided for by law.

ARTICLE VIII
CONTRACTOR

The LPC may choose a contractor from the following: county Board of Supervisors, County Office of Education, current contractor with the California Department of Education, Child Development Division, or a nonprofit organization [501 (c )(3)].

ARTICLE IX
AMENDMENTS AND REVISIONS TO BYLAWS

Recommendations for changes to these Bylaws require a majority vote the LPC provided that written notice of any proposed amendments has been sent to all members at least fourteen (14) days prior to the meeting at which the proposed amendments or revisions will be voted upon. The amendments and/or revised Bylaws will be submitted to the California Department of Education/Child Development Division within four (4) weeks of approval.

Attachments:
1. Education Code, section 8499

Adopted by the Sierra County Child Care Council on ________________.

Adopted by the Sierra County Child Abuse Council on ___.

A copy of these bylaws was sent to CDE/CDD on (date/initial).

 

 

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