The voters of the State of California have enacted the California Children and Families First Act of 1998. The Act recognizes that there is a compelling need in California to create and implement a comprehensive, collaborative, and integrated system of information and services to promote, support and optimize early childhood development from the prenatal stage to five years of age.
The Act further recognizes that there is a compelling need in California to ensure that early childhood development programs and services are universally and continuously available for children until the beginning of kindergarten. Proper parenting, nurturing and health care during these early years will provide the means for California's children to enter school in good health, ready and able to learn, and emotionally well developed.
It is the intent of this chapter to facilitate the creation and implementation of an integrated, comprehensive and collaborative system of information and services to enhance optimal early childhood development. This system should function as a network that promotes accessibility to all information and services from any entry point into the system. It is further the intent of this chapter to emphasize local decision-making, to provide for greater local flexibility in designing delivery systems, to leverage financial resources with state and federal funding and to eliminate duplicative administrative systems.
The Act provides for funding through an excise tax on tobacco products to implement the goals and objectives which are outlined in the Act itself. It is the further intent of this chapter to create the First Five Sacramento Commission and the First Five Sacramento Trust Fund in order to receive funding through the Act to implement the goals and objectives outlined in the Act.
(SCC 1130 § 1, 1999; SCC 1236 § 1, 2003)
For purposes of this chapter, the following definitions apply:
a. 
"Act" means the California Children and Families First Act of 1998;
b. 
"California Children and Families Commission" means the state commission established in accordance with Health and Safety Code Section 130110;
c. 
"Commission" means the First 5 Sacramento Commission; and
d. 
"County Strategic Plan" means the plan adopted by the Commission for submittal to the California Children and Families Commission.
(SCC 1130 § 1, 1999; SCC 1154 § 1, 1999; SCC 1236 § 2, 2003; SCC 1321 § 1, 2006)
There is established a commission to be known as the First 5 Sacramento Commission. Such commission is an agency of the County. Notwithstanding its status as an agency of the County, the Commission shall have, consistent with statutory requirements, independent authority over the strategic plan created pursuant to Section 2.99.140 and the Trust Fund established pursuant to Section 2.99.040.
(SCC 1130 § 1, 1999; SCC 1154 § 2, 1999; SCC 1198 § 1, 2001; SCC 1236 § 3, 2003; SCC 1321 § 2, 2006)
Pursuant to Health and Safety Code Section 130105, there is established within the County Treasury a trust fund to be designated as the First 5 Sacramento Commission Trust Fund.
(SCC 1130 § 1, 1999; SCC 1236 § 4, 2003; SCC 1321 § 3, 2006)
a. 
The Commission shall consist of seven members. One member shall be chosen by the Board of Supervisors from among its membership. One member shall be the Administrator of the County's Social Services Agency. One member shall be the County Health Officer. One member shall be the Superintendent of the Sacramento County Office of Education, or the Superintendent's designee. These members shall not be subject to the term limits specified in Section 2.99.060.
b. 
The Board of Supervisors shall appoint the remaining members of the Commission from among recipients of project services included in the County strategic plan; educators specializing in early childhood development; representatives of local child care resource or referral agencies; representatives of a local organization for prevention or early intervention for families at risk; representatives of community-based organizations with the purposes of promoting and nurturing early childhood development; representatives of local school districts; and, representatives of local medical, pediatric or obstetric associations or societies. Any member appointed to the Commission shall reside or work in Sacramento County at the time of appointment and for the duration of his/her term.
c. 
The Board of Supervisors shall also appoint an alternate member for each of the members appointed pursuant to subsections a and b of this section. Any such alternate shall meet the same criteria and qualifications as members appointed to the Commission; provided, however, that such alternate need not represent the same agency, department or organization as the appointed member.
(SCC 1130 § 1, 1999; SCC 1321 § 4, 2006; SCC 1332 § 1, 2006; SCC 1653 § 1, 2019)
Commission members shall serve at the pleasure of the Board of Supervisors. When the initial Commission members who are appointed from or by the Board of Supervisors are appointed, two of them shall be appointed to serve one year, and three of them shall be appointed to serve two years. Thereafter, absent removal by the Board of Supervisors during a term, the term of office for each member of the Commission appointed by the Board of Supervisors shall be four years, subject to reappointment by the Board of Supervisors and until the appointment of his/her successor; provided, however, that no member appointed by the Board of Supervisors may serve for more than two consecutive terms. A member appointed by the Board of Supervisors may serve for more than three terms subject to the limit on consecutive terms.
(SCC 1130 § 1, 1999; SCC 1332 § 2, 2006; SCC 1653 § 2, 2019)
a. 
A vacancy on the Commission shall occur automatically on the happening of any of the following events before the expiration of the term:
1. 
Removal of the incumbent for any reason;
2. 
Death, incapacity or resignation of the incumbent; or
3. 
Ceasing to be a representative of the positions described in Section 2.99.050.
b. 
The Executive Officer of the Commission shall certify the happening of any event creating a vacancy on the Commission and shall notify the Board of Supervisors. The Board of Supervisors may determine to waive the vacancy in favor of the incumbent member of the Commission or may make an appointment to fill the unexpired term. In either event, the Board shall act within 60 days from being notified of the event creating the vacancy.
(SCC 1130 § 1, 1999)
The Chair of the Commission shall be the member appointed from the Board of Supervisors. The Commission members shall annually elect a vice-chair who shall serve for a term of one year. The Commission shall adopt such rules and regulations as it deems necessary for the conduct of its business. Such rules and regulations shall include a procedure for reconsideration of any decision approved by the Commission.
(SCC 1130 § 1, 1999)
The Commission meetings are subject to the requirements of the Ralph M. Brown Act. Members of the Commission shall be subject to the financial reporting requirements of the Political Reform Act and shall make the same level of reporting as required of Members of the Board of Supervisors. Members of the Commission shall be subject to the conflict of interest requirements contained in the Political Reform Act and Government Code Sections 1090 et seq.
(SCC 1130 § 1, 1999; SCC 1332 § 3, 2006)
Members of the Commission shall serve without compensation, but may receive actual and necessary expenses as are incurred in carrying out their duties.
(SCC 1130 § 1, 1999)
a. 
There is hereby established within the Commission the position of Executive Director. The Executive Director shall be appointed by the County Executive, based upon the recommendation of the Commission and subject to approval by the Board of Supervisors. The Executive Director shall be removed by the County Executive, based upon the recommendation of the Commission and subject to the approval of the Board of Supervisors. The Executive Director shall be responsible for the administration of the Commission, subject to the direction and control of the Commission. The Executive Director shall supervise and direct the work of Commission staff and shall have and exercise those duties and responsibilities conferred by the Commission.
b. 
Staff of the Commission shall be appointed by the Commission in accordance with the County's civil service system and its implementing civil service rules. Staff shall be compensated in accordance with the County's compensation and benefit schedule. Legal services shall be provided through the Office of Sacramento County Counsel. Financial services, including those of treasurer, shall be provided through the County's Department of Finance. The Clerk of the Board shall act as secretary to the Commission. The Executive Officer may utilize other County employees as permitted by their appointing authorities to assist in carrying out purposes of the Commission. The Commission shall utilize the County's Purchasing Agent consistent with the provisions of Chapter 2.56 of the Sacramento County Code. Except as to those services specifically identified herein, nothing in this section prohibits the Commission from contracting for those services necessary to support the operations of the Commission.
c. 
The Commission shall, at least monthly, reimburse the County for any and all staffing costs incurred as a result of utilizing the County services referenced in subsection a of this section. Such reimbursement shall be accomplished by direct transfers from the Trust Fund established by Section 2.99.040.
(SCC 1130 § 1, 1999; SCC 1154 § 3, 1999; SCC 1198 § 3, 2001; SCC 1332 § 4, 2006)
The Commission is charged as follows:
a. 
To implement the goals and objectives of the Act;
b. 
To administer the monies in the First Five Sacramento Commission Trust Fund in a manner consistent with the Act, adopted State guidelines and this chapter;
c. 
To adopt a budget for the Commission, commencing with fiscal year 1999-2000, subject to the procedures of this chapter;
d. 
To adopt a County strategic action plan subject to the provisions of the Act and this chapter;
e. 
To prepare and adopt an annual audit and report subject to the provisions of the Act and this chapter;
f. 
To make copies of its annual audits and reports available to members of the general public on request and at no cost; and
g. 
To exercise all powers, duties and functions as are prescribed by statute, the Board of Supervisors and the Commission.
(SCC 1130 § 1, 1999; SCC 1236 § 5, 2003)
a. 
The Commission's proposed budget for any fiscal year shall be submitted to the County for review and comment prior to its adoption by the Commission. The Commission shall consider any comments submitted by the County prior to adoption of the Commission's budget. The Commission's budget shall be prepared and adopted by the Commission prior to the adoption of the County's proposed budget.
b. 
In accordance with Health and Safety Code Section 130140(d)(5), the Commission's administrative costs in any fiscal year shall not exceed 10% of the Commission's operating budget. Administrative costs subject to this limitation include costs incurred in support of the general management and administration of the Commission, for a common or joint purpose, that benefits more than one cost objective (excluding evaluation activities), and/or those costs not readily assignable to a specifically benefited cost objective. Administrative costs include, but are not limited to, the following functions: general accounting or financial reporting, local annual reporting activities, financial planning, commission or association meetings and/or travel, payroll, benefits, human resources services, legal services and/or consulting, contract compliance, audit, strategic planning, procurement, rent, maintenance, utilities, insurance and cleaning and/or janitorial services.
(SCC 1130 § 1, 1999; SCC 1154 § 4, 1999; SCC 1332 § 5, 2006; SCC 1354 § 1, 2007)
a. 
The strategic plan adopted by the Commission shall be an adequate and complete County strategic plan for the support and improvement of early childhood development within the County. The County strategic plan shall include:
1. 
A description of the goals and objectives proposed to be attained;
2. 
A description of the programs, services, and projects proposed to be provided, sponsored, or facilitated;
3. 
A description of how measurable outcomes of such programs, services, and projects will be determined by the County commission using appropriate reliable indicators; and,
4. 
A description of how programs, services, and projects relating to early childhood development within the County will be integrated into a consumer-oriented and easily accessible system.
b. 
As far as possible, the strategic plan shall place an emphasis on funding those eligible programs in which local funds may be used to match state or federal funds for the furtherance of the funded program.
c. 
Prior to adoption of the strategic plan, the Commission shall hold at least one public hearing on the plan. Prior to adoption of its strategic plan, the Commission shall submit to the County its proposed strategic plan for review and comment by the Board of Supervisors. Prior to adoption of its strategic plan, the Commission shall consider the comments of the Board of Supervisors. The Commission shall submit the strategic plan to the California Children and Families Commission. If disapproved, the Commission shall make such revisions to the plan as deemed necessary, conduct at least one public hearing on the revised plan and resubmit the plan to the Board of Supervisors for review and comment prior to adoption of any revisions by the Commission. No strategic plan shall be submitted to the California Children and Families Commission unless and until it has been reviewed by the Board of Supervisors.
d. 
The Commission shall, on an annual basis, review its strategic plan and revise the plan as may be necessary and appropriate. The Commission shall conduct at least one public hearing on the periodic review of the strategic plan before adopting any revisions to the plan. A revised strategic plan shall be subject to the same review process as the original plan pursuant to subsection c of this section.
(SCC 1130 § 1, 1999; SCC 1154 § 5, 1999)
The Commission shall cause to be prepared an annual audit and written report on the implementation and performance of the Commission's functions during the preceding year. The audit and report shall include, at a minimum the manner in which funds were expended, the progress toward, and the achievement of, program goals and objectives, and the measurement of specific outcomes through appropriate reliable indicators. Prior to adopting the audit and report, the Commission shall conduct at least one public hearing. Thereafter, in addition to providing the audit and report to the California Children and Families Commission, a copy of the audit and report shall be provided to the Board of Supervisors.
(SCC 1130 § 1, 1999)
a. 
The governing body of the Commission or its designated representative, is authorized, on behalf of, and in the name of the Commission, to enter into contracts for the expenditure of those moneys allocated and appropriated to the Commission so long as such contracts are for the purposes authorized by the California Children and Families First Act and such contracts are in accordance with the County strategic plan adopted by the Commission in accordance with Section 2.99.140.
b. 
The governing body of the Commission or its designated representative, is authorized, on behalf of, and in the name of the Commission, to enter into contracts to retain firms or individuals to provide expert analysis, advice or assistance in the planning, design, development, operation, implementation, organization or rendition of services, programs or projects, or other expert services as required to administer the functions of the Commission; provided, however, that such authority shall not extend to agreements for financial services, legal services, or clerk services.
c. 
The governing body of the Commission or its designated representative, is authorized, on behalf of, and in the name of the Commission, to enter into lease agreements and building maintenance agreements for the Commission's administrative offices; provided, however, that the Commission utilizes the County's real estate division for purposes of securing such premises.
d. 
Contracts approved by the Commission shall be submitted to the Director of Finance in order to allow payments prior to payment of such contracts.
e. 
The Commission shall maintain records, for a period of three years, of the actions taken pursuant to the authority conferred herein. Such records shall be retained centrally so that a compilation can be readily made for the Board of Supervisors upon request.
f. 
All contracts executed pursuant to this section shall: (1) require the contractor to indemnify the Commission and the County for any and all damages, claims or liabilities arising out of the contractor's malfeasance or negligence in performance of the identified services unless specifically waived by the County's Risk Manager; and (2) require maintenance of insurance in such amount as determined necessary by the County's Risk Managers.
g. 
All contracts executed pursuant to this delegated authority shall utilize the standard contract form developed and approved by County Counsel. Any deviation from such standard contract form shall be approved by County Counsel.
h. 
County Counsel shall review and approve all contracts executed pursuant to this section.
(SCC 1198 § 4, 2001)