The following describes the rules FIRST 5 Santa Clara County follows in accordance with its mandate from the voters of California, as well as the rules governed by the State of California. Click on individual links to review each specific component of the bylaws.

I. Authority, Purpose, Status and Powers
II. Membership
III. Officers
IV. Staffing
V. Meetings
VI. Committees of the Commission
VII. Conflict of Interest Policy

I. Authority, Purpose, Status and Powers

A. Authority. These bylaws are adopted by the FIRST 5 Santa Clara County Commission ("Commission") to establish rules for its proceedings, as authorized by the provisions of Proposition 10 and in accordance with the California Health and Safety Code, Section 6, Article 3, of the California Revenue and Taxation Code (commencing with 30130) and Section A18-76 of Chapter V., of division A18 of the County of Santa Clara Ordinance Code. The Commission is a local public agency created by the Board of Supervisors of the County of Santa Clara.

B. Purpose. The general purpose of the Commission is to promote, support and improve the early development of children, from the prenatal stage through 5 years of age, and their families throughout the entire county, through the creation and implementation of an integrated, comprehensive and collaborative system of information and services to enhance early childhood development pursuant to the California Children and Families First Act of 1998 ("The Act"), Health and Safety Code 130100.

C. Status. FIRST 5 Santa Clara County (FIRST 5) is an entity separate from the County of Santa Clara. Obligations of FIRST 5 Santa Clara County shall be the obligations solely of the Commission and shall not directly or indirectly be obligations of the County or any officials, employees or agents of the County. The County shall not be liable for any act or omission of the Commission.

D. Powers and Duties. The powers and duties of the Commission are set forth in their entirety in Section A18-79 in the County of Santa Clara Ordinance Code.

II. Membership

A. Composition. The Commission shall be composed of nine members appointed by the Board of Supervisors in accordance with Section A18-77 of the County of Santa Clara Ordinance Code.

B. Term of Appointment. Permanent members, other than the member of the Board of Supervisors, serve until they vacate their county positions. The remaining members have a term of two years and until a successor is appointed. Members appointed by the Board of Supervisors serve at the pleasure of the Board of Supervisors.

C. Ex-officio Members. The Commission may appoint non-voting, ex-officio members, as they deem appropriate to assist the Commission in fulfilling Commission responsibilities. Such members serve for a term of two years, at the pleasure of the Commission.

D. Resignation. A Commissioner may resign at any time by giving written notice of such resignation to the chairperson of the Commission. Such resignation shall take effect at the time specified in the notice and shall be accepted by the Commission. The Commission must notify the Board of Supervisors when a resignation occurs.

E. Removal. A Commissioner may be removed for the following reasons:

1. The Commissioner fails to meet the qualifications as a Commissioner.
2. The Commissioner fails to attend three consecutive regular meetings of the Commission.
3. The Commissioner fails during any twelve-month period to attend a minimum of 50% of the regular and special meetings of the Commission or meetings of the committees of which the Commissioner is a member.
4. The Commissioner fails to discharge legal obligations as a member of a public entity.
5. The Commissioner is convicted of a crime involving a felony or corruption.

F. Vacancies. The Commission must notify the Board of Supervisors when a vacancy occurs. A vacancy shall be filled by the Board of Supervisors for the remainder of the term in accordance with, and in the same manner as, regular appointments.

G. Reimbursement of Expenses. The members of the Commission shall not be compensated for their service as members of the Commission. The members appointed by the Board of Supervisors shall receive a reasonable per diem pursuant to Commission policy. All Commissioners may be reimbursed for reasonable expenses incurred in discharging their official responsibilities pursuant to policies adopted by the Commission.

III. Officers

A. Designation. The Officers of the Commission shall be:

1. A chairperson, who shall be a Commissioner, and who shall preside at all meetings of the Commission.
2. A vice-chairperson, who shall be a Commissioner, and who, in the chairperson's absence or inability to act, shall preside at the meetings of the Commission.
3. If both the chairperson and vice-chairperson are absent or unable to act, the Commissioners present shall select one of the Commissioners present to act as chairperson pro tempore, who, while so acting, shall have all of the authority of the chairperson.

B. Selection. Each year, the Chair shall appoint a Nominating Committee by the November Commission meeting. The Nominating Committee shall present nominations for both Chair and Vice-Chair to the Commission by the first meeting of the calendar year or as soon thereafter as possible. At that meeting the Chair and Vice-Chair shall be elected by a majority vote. The Chair and Vice-Chair shall serve a term of one year. The Nominating Committee has the option of nominating the current chair and Vice-Chair for a second one year term.

C. Vacancies. Any vacancy in any office shall be filled by the Commission at the next regular or special meeting.

IV. Staffing

A. Executive Director. The Commission shall select and appoint an Executive Director who shall be its direct executive representative in the management of the affairs and activities of FIRST 5. The Executive Director shall serve at the pleasure of the Commission, subject to the provisions of any contract of employment between FIRST 5 and the Executive Director. The Commission shall adopt a program (including timing and method) for evaluating the Executive Director.

B. Duties.

1. The Executive Director shall have the necessary authority and responsibility to conduct FIRST 5 activities, subject to the oversight and authority of the Commission and the Chairperson. The Executive Director shall be responsible to carry out the formal and informal policies, procedures and practices of FIRST 5.
2. The Executive Director shall act as the duly authorized representative of FIRST 5 in all matters in which FIRST 5 has not formally designated some other person to act.
3. The Executive Director may appoint and engage individuals to fill executive, administrative and management positions for FIRST 5 as the Commission authorizes. All personnel serve at the pleasure of the Executive Director, subject to any contract of employment between FIRST 5 and the employee and the personnel policies adopted by the Commission.

V. Meetings

A. Regular and Special Meetings. The Commission shall establish the date, time and place of regular meetings of the Commission annually. The Commission shall hold regular meetings during at least nine months of each year. Special meetings may be held upon the call and discretion of the chairperson. Upon the request of three or more Commissioners, the Chairperson must call a special meeting. Special meetings are subject to the rules set forth in these bylaws.

B. Open and Public Meetings. All meetings shall be open and public and all persons shall be permitted to attend, except for closed sessions, as required and permitted by applicable law.

C. Quorum. A quorum is required to initiate the transaction of business at any regular or special meeting of the Commission. A quorum is a majority of Commissioners. Therefore, five Commissioners constitute a quorum. A meeting at which a quorum is initially present may continue to transact business notwithstanding the withdrawal of Commissioners, provided that any action taken is approved by at least four Commissioners.

D. Voting. Except as otherwise provided by these Bylaws, all official acts of the Commission require the affirmative vote of a majority of the Commissioners who are present and voting as long as the quorum requirements are met. No official act shall be approved with less than the affirmative vote of four commissioners.

E. Disqualification From Voting. A Commissioner shall be disqualified from voting on any matter relating to a transaction in which he or she has a financial interest, as required by law or by Conflict of Interest Policy of the Commission.

VI. Committees of the Commission

A. General. The Commissioners may create one or more standing or ad hoc committees, and delegate to such committees any of the authority of the Commission so long as such authority is in accordance with applicable law:

1. Membership. Standing committees are comprised of three Commissioners. Membership on the committees shall be determined through a two-step process: (1) Each Commissioner notifies the chairperson of the Commission as to his or her interest in assignment to the committees; (2) the chairperson of the Commission makes the final decision as to the committee assignment in the best interest of the Commission.

2. Term. Committee assignment is for a one-year period. Appointments to committees will be made at the first Commission meeting of the calendar year, or as soon thereafter as possible. If a Commissioner resigns from the Commission during the term, the new Commissioner will fill the vacant committee assignment to the end of the term.
3. Committee Chairperson. The chairperson of the committee will be elected at the first committee meeting of the calendar year, or as soon thereafter as possible. The chairperson of the committee will serve a one-year term. The chairperson of the committee shall determine the manner in which proceedings of the committee shall be conducted as long as the proceeding are in accordance with these bylaws.
4. Minutes. Each committee shall keep regular minutes of its proceedings, which shall be filed in the offices of the Commission. Committee proceedings shall be reported to the Commissioners at the next Commission meeting.
5. Notice and Agenda. Committee agendas will be distributed to all Commissioners.

B. Standing Committees. There are three Standing Committees: Personnel and Finance Committee, Program and Evaluation Committee, and Legislation and Leadership Committee. Each committee will adopt a meeting schedule at of the beginning of the calendar year, or as soon thereafter as possible. Any committee decision that impacts the full Commission must be forwarded to the Commission for final approval unless the Commission has specifically delegated the responsibility to the committee. If a committee item receives a tie vote or a majority of the Commissioners who are present vote in favor, the item must be presented to the full Commission at the next scheduled Commission meeting or as soon thereafter as possible.

1. Personnel and Finance Committee: The committee oversees the annual budget process, operations and administration, including audits, expenditures, contracts, investments, personnel, policies and facilities.
2. Program and Evaluation Committee: The committee oversees the development of new programs, oversees the development and implementation of evaluation tools and data gathering methodologies, and monitors existing programs and community activities. The committee also reviews the evaluation components of all programs prior to initial funding and then reviews each program’s performance in accordance with the established evaluation criteria, prior to any decision to continue funding the program.
3. Legislation and Leadership Committee: The committee oversees the discussion and/or review of pending and proposed legislation at the local, state, and federal level and the discussion and/or review of policy-level emerging issues. The Committee also assists and coordinates legislative action; develops a policy platform; enhances the FIRST 5 System of Care; and furthers the goals of FIRST 5.

E. Advisory Board. The Commission shall have one or more advisory committees that provide professional and/or technical expertise to the Commission on an as needed basis. Advisory committees will receive specific tasks for their consideration from the Commission and will meet for a length of time deemed appropriate for the task referred. The Commission may select community members who can contribute their expertise to the task being considered or may refer a task to an established group.

The FIRST 5 Advisory committees will:

1. Focus on the strategic goals and objectives of the Commission;
2. Provide professional advice and/or technical expertise in accordance with the FIRST 5 strategic plan, operational objectives, and programs;
3. Act as a sounding board for the Commission;
4. Promote community awareness of the work of the Commission; and
5. Leverage resources within the community.

F. Additional Committees. The Commission may create and the Chairperson may appoint members of the Commission to additional committees and subcommittees, as it deems necessary to carry out its purpose.

VII. Conflict of Interest Policy

A. Adoption. The Commission shall adopt and may from time to time amend a Conflict of Interest Policy for the Commission as required by applicable law.

B. Commission Members Statements. Each Commissioner shall file a statement disclosing reportable economic interests in accordance with the Political Reform Act of 1974 and the regulations of the Fair Political Practices Commission and the Commission's Conflict of Interest Policy.


To download a copy of the FIRST 5 Santa Clara County Commission bylaws, click here.