Kern County Child Care Council

BYLAWS

Revised May 4, 2005

The Kern County Child Care Council is dedicated to promoting and supporting a community-wide effort that results in a quality child care system that meets the needs of all Kern County children and families.

The Kern County Child Care Council believes that a quality child care setting promotes:

Child development

• Physical, social, emotional and intellectual development with respect to a child’s ability and culture;
• Frequent, positive, warm interactions appropriate to a child’s age and development;
• A variety of planned learning activities appropriate to a child’s age and development;

Health and safety

• Healthy, safe, and nurturing environments;
• Nutritious meals and snacks;
• A sufficient number of knowledgeable and skilled providers to respond to the needs of each child;

Program Administration

• On-going communication with families and opportunities for meaningful family involvement;
• An opportunity for training and support for providers;
• An effective program administration which includes an on-going, systematic evaluation process

Article I. Purpose In accordance with AB 1542, enacted January 1, 1998, the formation of the Kern County Child Care and Development Planning Council was approved by the Board of Supervisors of the County of Kern and the Kern County Superintendent of Schools for the purpose of providing a forum for the identification of local priorities for child care and the development of policies to meet the needs identified within those priorities. This planning council shall be named the Kern County Child Care Council. The Council shall operate on the fiscal year of July 1 to June 30.Article II. Governance

Pursuant to AB 1542 (revisions to Ed. Code Sections 8499.3 and 8499.5), the Kern County Board of Supervisors (CBS) and the Kern County Superintendent of Schools (CSS) are mandated to be involved in the local child care planning process.

The CBS and CSS are directed to fulfill specified responsibilities including appointing members to the Local Planning Council (LPC) known as the Kern County Child Care Council (KCCCC) according to the guidelines prescribed in AB 1542.

The Council receives its authority and responsibility jointly and equally from the CBS and the CSS, and is directly accountable to these bodies.

The Council is an advisory body to the CBS and the CSS. The Council is required to accomplish specified activities that support the local planning process pursuant to AB 1542.

The statute further describes the composition of the LPC and how appointments are made by the CBS and the CSS in reference to specific categories of representation.

The authority to oversee Council decisions and appoint council members remains equally divided between the CBS and CSS.

The State of California via the California Department of Education (CDE), Child Development Division (CDD) provides funding for the Council through the Local Planning Grant (LPG) contract. Either the CBS or the CSS can act as the legal entity and contract administrator.

The LPG contract outlines specific responsibilities described in AB 1542 for the CBS, CSS, and Council, and contract reporting requirements for the legal entity.

The Council defines the scope of work and activities of the Council to meet the LPG contract mandates.

The CSS, as the Local Education Agency (LEA), has been identified by the CDE/CDD as the legal entity to serve as the fiscal agent and LPG contract administrator for the Council.

As legal entity, the CSS has additional fiduciary responsibilities to manage the fiscal and personnel resources of the Council, to maximize the effectiveness of the funding to fulfill the contract mandates and scope of work as defined by the Council. The administration of Council funding by the CSS is done with the approval of the Council subject to contract mandates and funding terms and conditions, in accordance with school accounting practices.

As identified in the Council Bylaws, the CSS is to provide staff and administrative support to the Council with funding from the CDE/CDD to support the Council’s plan of work.

The CSS, in serving as the fiscal agent for the Council, assumes all the rights and responsibilities concomitant with that of an employer. The CSS is responsible to hire, supervise, evaluate, manage, coordinate, and direct staff to support the plan of work as defined by the Council within the funding resources available to the Council.

As specified in the Council Bylaws, the Executive Committee of the Council is responsible to provide leadership, financial accountability, and policy recommendations to the Council.

The Executive Committee, as representative of the Council, acts as the primary liaison to the CSS in matters relating to the allocation of staff responsibilities and management of resources funded by the CDE/CDD contract as well as additional local funding resources.

All legal matters will be referred to the Kern County Administrative Office and the Schools Legal Service.Article III. Duties

The Kern County Child Care Council shall:

1. Elect a chair.
2. Employ, as an LPC Coordinator, staff person(s) equivalent to at least one full-time position. The LPC Coordinator shall assist the LPC in meeting the mandates set forth in Title 1, Division 1, Part 6, Chapter 2.3 of the Education Code. Additionally, the LPC shall employ support staff as deemed necessary to meet LPC roles and responsibilities.
3. Conduct an assessment of child care needs at least once every five years. The needs assessment shall meet the requirements as specified in Education Code Section 8499.5(b) and include:

1. the needs of families eligible for subsidized child care.
2. the needs of families not eligible for subsidized child care.
3. the waiting lists for programs funded by the CDE and California Department of Social Services (CDSS).
4. the needs for child care for children who have been abused or neglected or are at risk of abuse or neglect.
5. the number of children receiving public assistance.
6. family income among families with preschool or school-age children.
7. the number of children of migrant workers.
8. the number of children with special needs.
9. the number of children from all identifiable linguistic and cultural backgrounds.
10. special needs based on geographic considerations, including rural areas.
11. the ages of children needing services.
12. any other factor deemed appropriate by the LPC.

1. Document information gathered during the needs assessment which shall include, but need not be limited to, data on supply, demand, cost, and market rates for each category of child care in the county.
2. Submit the results of the needs assessment and the local priorities identified by the LPC to the County Board of Supervisors and California Department of Social Services for approval before submitting them to California Department of Education.
3. Prepare a comprehensive countywide child care plan designed to mobilize public and private resources to address identified needs.
4. Encourage public input in the development of the priorities. Opportunities for public input shall include at least one public hearing during which members of the public can comment on the proposed priorities.
5. Conduct a periodic review of child care programs funded by the Department of Education and the Department of Social Services to determine if identified priorities are being met.
6. Collaborate with subsidized and non-subsidized child care providers, State/Local Children and Families (Prop. 10) Commission, county welfare and human service departments, job training programs, employers, integrated child and family service councils, parent organizations, and other interested parties to foster partnerships designed to meet local child care needs.
7. Facilitate community-based efforts to coordinate part-day programs, including State Preschool and Head Start, with other child care to provide full-day child care and development services based on guidelines and funding models approved by state and federal agencies.
8. Develop and implement a training plan to provide increased efficiency, productivity, and facilitation of local planning council meetings.
9. Implement new mandates as required by legislation

Article IV. Nomination, Appointment and Term of MembersSection 1. Composition of the Kern County Child Care Council. The (KCCCC) membership shall be limited to 30 members and be representative of the following categories:

a. 20 percent child care consumers - a parent or person who receives, or who has received child care services within the past 36 months.

b. 20 percent child care providers - a person who provides child care services and represents the diversity of the types of child care providers in the county.

c. 20 percent public agency representatives - a person who represents a city, county, city and county, or local education agency and who funds, regulates, or monitors the delivery of child care services.

d. 20 percent community representatives - a person who represents 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 represent an agency that contracts with the State Department of Education to provide child care and development services.

e. 20 percent jointly appointed from any of the four above categories at the discretion of the appointing agencies.

Membership is conferred upon individuals, not agencies or organizations.

Section 2. Selection of Members. The Board of Supervisors and the Superintendent of Schools shall each appoint one-half of the members from each category. The Board of Supervisors and the Superintendent of Schools shall make every effort to ensure that the ethnic, racial, and geographic composition of the KCCCC is reflective of the ethnic, racial, and geographic distribution of the population of the county. The Board of Supervisors and the Superintendent of Schools shall accept applications for membership on a continual basis. All members must be residents of Kern County.

Section 3. Term of Kern County Child Care Council Members. All KCCCC members shall serve three-year terms, at the pleasure of, and be removed at any time without cause by, the appointing entity. There shall be no limit of the number of consecutive terms a member may serve. It is the responsibility of the member to request reappointment by the appointing entity prior to the end of the term.

Section 4. Resignation. Any member of the KCCCC may resign by giving written notice to the Chair of the KCCCC who will then forward this notification to the appropriate appointing authority requesting a replacement for the remainder of the un-expired term.

Section 5. Vacancies. When a position becomes vacant, due to resignation or other extenuating circumstances, the Chair of the KCCCC shall notify the appointing authority and a notice of vacancy will be publicized by the appointing entity pursuant to the "Maddy Local Appointive List Act of 1975." An individual appointed to fill a vacancy shall complete the unexpired portion of the term of their predecessor.

Section 6. In order to maintain the mandated composition of the KCCCC, any member who no longer represents the category of their initial appointment will be referred to the appointing entity with a request by the KCCCC for replacement.

Section 7. Attendance. Any KCCCC member who fails to be in attendance at more than a total of four (4) general meetings within the year, shall be referred to the appointing authority with a request from the KCCCC for a replacement. Member attendance may be in person, by teleconference or video conference.

Section 8. Alternates. A KCCCC member may designate an Alternate to attend in their place at general and subcommittee meetings and assume voting rights if a written request is submitted to the Chair of the KCCCC. Each member may not designate more than two (2) concurrent Alternates within the year. Alternates may not attend a general meeting in place of their appointed member more than four (4) times within the year. Alternates may not attend a committee meeting in place of their appointed member more than four (4) times within the year.

Section 9 Termination. If the actions of a KCCCC member appear to be in conflict with the mission and goals of the LPC, the complaint will be brought to the Executive Committee for review and referral to the LPC, as needed, for possible action. Action would be determined by 2/3 vote of the majority of the members present at a general or special meeting of the LPC.Article V. Committees.

Section 1. The KCCCC shall establish committees, on either a permanent or temporary basis, to address child care issues and concerns. Committees may also include persons not on the KCCCC. KCCCC members shall actively serve on at least one committee on a continual basis. Alternates may attend committee meetings in the member’s absence.

Section 2. A chairperson shall be selected for each committee from the membership of the KCCCC. Chairpersons of each committee shall be selected at the beginning of each fiscal year, or as the committee is formed and shall be invited to attend the Executive Committee meetings.

Section 3. Independently Funded Projects (IFP) are KCCCC projects that have their own funding stream. IFPs will adhere to the KCCCC’s bylaws and guidelines. However, IFPs may have Standing Rules, which are unique to that IFP. The KCCCC must approve those Standing Rules.Section 4. Any KCCCC member who fails to be in attendance at more than a total of four (4) committee meetings within a calendar year, shall be referred to the Executive Committee for further action which may include a request to the appointing entity for replacement. Member attendance may be in person, by teleconference or video conference.Article VI. Meetings.

Section 1. Regular Meetings. The KCCCC shall meet a minimum of ten times annually. Meeting date, place and time will be established at the beginning of each fiscal year and may be changed as needed. The Board of Supervisors and the Superintendent of Schools will be notified of meeting times, dates, and locations.

Section 2. Committee Meetings. The Chair of a committee shall call meetings as necessary to accomplish set tasks. Each member of the committee will be given adequate notice of such meetings.

Section 3. Special Meetings. The Chair of the KCCCC may call special meetings at any time. Each member of the KCCCC will be given at least 24 hours notice of such meetings.

Section 4. Executive Meetings. The Chair of the KCCCC may call a meeting of the Executive Committee at any time. Each member of the Executive Committee will be given adequate notice of such meetings.

Section 5. Public Access to Meetings. All meetings of the KCCCC shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act, as amended (commencing with section 54950 of the Government Code of the State of California).

Article VII. Voting.

Section 1. Quorum. One half plus one of the current seated KCCCC membership shall constitute a quorum for official business.

a. Members participating via videoconference shall sign in and be considered part of the quorum.

Section 2. Voting.

a. Each member of the KCCCC, including the Chair, shall have one vote whether in person or be videoconference.

b. For official business, a majority vote of the quorum is needed to pass a motion.

1. Designated alternates shall count in a quorum and will have voting rights when representing their designated KCCCC member as specified in Article II, Section 7.
2. No member of the KCCCC shall participate in a vote if he or she has a proprietary interest in the outcome of the matter being voted upon.

Article VIII. OfficersSection 1. Chair

a. To be eligible, a nominee for Chair must have one year active KCCCC participation by the beginning of the new term.

b. The KCCCC shall elect one member as Chair at the last meeting prior to the new fiscal year.

c. The Chair shall serve a term of one year and shall be limited to two (2) consecutive terms.

d. The Chair shall preside over all regular meetings and may call special and Executive meetings, if necessary. Other responsibilities include reports to the County Board of Supervisors and the County Superintendent of Schools, representing the KCCCC at public functions and appointing committee chairs as needed.

e. At the conclusion of term, the Chair shall serve one additional year on the Executive Committee.

Section 2. Vice-Chair

a. The KCCCC shall elect one member as Vice-Chair at the last meeting prior to the new fiscal year.

b. The Vice-Chair shall serve a term of one year and shall be limited to two (2) consecutive terms.

c. The Vice-Chair shall assume the responsibilities of the Chair, Secretary or Treasurer in her/his absence.

Section 3. Secretary

a. The KCCCC shall elect one member as Secretary at the last meeting prior to the new fiscal year.

b. The Secretary shall serve a term of one year and shall be limited to two (2) consecutive terms.

c. The Secretary shall be responsible for the minutes of regular KCCCC meetings and assume the responsibility of the Chair in the absence of the Chair and Vice-Chair.

Section 4. Treasurer

a. The KCCCC shall elect one member as Treasurer at the last meeting prior to the new fiscal year.

b. The Treasurer shall serve a term of one year and shall be limited to two (2) consecutive terms.

c. The Treasurer shall be responsible for compiling financial reports based upon statements received from the Kern County Superintendent of Schools office.

Section 5. Executive Committee

1. The Executive Committee shall consist of the Chair, Vice Chair, Secretary, Treasurer, and immediate past Chair.
2. All Standing Committee Chairs shall be invited to attend the Executive Committee meetings.

Section 6. Officer Election Process

1. A nomination committee shall be formed in May of each year to locate KCCCC members interested in serving as an officer.
2. The slate of candidates shall be introduced at the June general meeting. Additional nominations shall be called for from the floor.
3. Officers shall be elected by a majority of the vote of the seated KCCCC members at the June general meeting.

Section 7. Vacancy of Office. If the office of Chair becomes vacant, the Vice Chair will be installed as the Chair to complete the unfinished term. If any other Officer’s position becomes vacant, the Executive Committee shall recommend a candidate for the remainder of the term for KCCCC approval.Section 8. Removal of Office. A KCCCC officer may be removed from office by a two-thirds vote of the KCCCC.Section 9. Formation of Nomination Committee. The nominating committee shall consist of five (5) KCCCC members chosen by lottery/volunteer process with all appointed KCCCC members eligible to serve as committee members. However, any member interested in being placed on the election slate will not be eligible to serve on the nominating committee.Article IX. Designated Liaison Department

The Board of Supervisors shall designate a County department to serve as liaison between the KCCCC and Kern County. This Department shall also provide staff support to the KCCCC in regards to County operations. Article X. Reports

Section 1. Quarterly Reports. The KCCCC shall file quarterly reports with the Board of Supervisors and the Superintendent of Schools, summarizing the KCCCC’s activities and recommendations.

Section 2. Special Reports. The KCCCC will provide special reports to the Board of Supervisors and the Superintendent of Schools as the need for such reporting is determined by the KCCCC, the Board of Supervisors, or the Superintendent of Schools.

Section 3. Committee Reports. Each committee shall file a report to the KCCCC at each regularly scheduled monthly meeting. An annual written summary shall be submitted by each active committee for inclusion into the annual report to the Board of Supervisors and Superintendent of Schools.

Section 4. All required KCCCC reports shall be submitted to the Board of Supervisors and the Superintendent of Schools.Article XI. Financial Support

Compensation of KCCCC Members. KCCCC members shall serve without compensation except for the reimbursement of approved actual and necessary expenditures, providing funds are available.Article XII. Procedures

The KCCCC shall establish its own procedures and rules, although such rules and procedures shall be subject to change by joint order of the Board of Supervisors and the Superintendent of Schools. The KCCCC constitutes a public agency and shall comply with the legal requirements in accordance with the Ralph M. Brown Act relating to the operations of public agencies. The KCCCC shall be governed in its parliamentary actions by Roberts’ Rules of Order.Article XIII. Public Policy

Since the KCCCC receives state and federal funds, the KCCCC is not permitted to take an official position on any state or federal legislation. However, the KCCCC may develop position statements in order to educate the legislature and the community about child care needs and potential solutions.Article XIV. Amendment of Bylaws

a. These bylaws will be reviewed annually no later than April 30^th by an Ad Hoc Committee formed of KCCCC members and participants. Proposed modifications will be presented at the May general meeting and to the Kern County Board of Supervisors and the Kern County Superintendent of Schools in June for implementation July 1.

b. These bylaws may be amended or repealed and new bylaws adopted by the vote of a majority of the members of the KCCCC at any regular or special meeting, subject to the approval of the Board of Supervisors and the Superintendent of Schools.

Article XV. Certificate of Secretary

I certify that I am the duly elected and acting Secretary of the Kern County Child Care Council and that the above Bylaws, consisting of seven pages, are the Bylaws of the Council as adopted by the Council membership on May 4, 2005 and that they have not been amended or modified since that date.

Executed on _____________________________,_________, at Bakersfield, California.

________________________________________

Secretary

Kern County Child Care Council

Approval granted:

_________________________________________ ______________

Chairman, Date

Kern County Board of Supervisors

_________________________________________ _______________

Larry E. Reider Date

Kern County Superintendent of Schools