August 8, 1997
Honorable William L. Gordon, Presiding Judge
Santa Barbara County Superior Court
1100 Anacapa Street
P.O. Box 21107
Santa Barbara, California 93121-1107
RE: Response to 1996-97 Grand Jury Interim
Report Entitled:
"Boards and Commissions"
Dear Judge Gordon:
The following is the County Administrator's response to the 1996-97 Grand Jury Report entitled Boards and Commissions. I would like to take this opportunity to thank the Grand Jury for its report on this matter.
FINDING 1: Boards and commissions
established by local resolution or minute order may no longer be needed
because their original purpose has been accomplished. There is a need for
a written policy for disbanding a committee.
Response: We agree with this finding.
RECOMMENDATION 1: Governing bodies should review usefulness of boards
and commissions on a periodic basis, and a policy should be established
to disband a committee no longer needed.
Response: This recommendation has been
partially implemented in that the Board currently reviews the usefulness
of boards, commissions and committees (B, C and C's) on a periodic basis.
For instance, in May of 1994 a Board report (copy attached) was prepared
by the County Administrator which reviewed the need, cost and effectiveness
of 92 County B, C and C's. As a result of this report, the Board of Supervisors
deleted six B, C and C's and determined that the Proposition 70 Advisory
Board is to be eliminated upon expenditure of remaining Prop 70 funds. Moreover,
in January 1997, acknowledging that the Economic Development Commission
had achieved its mission, the Board of Supervisors disbanded it.
Decisions regarding the creation and/or disbanding of any County board,
commission or committee not specifically provided for by statute rests with
the Board of Supervisors. The Board makes those decisions based on input
from B, C and C's, the community and staff which it receives through reports
to the Board as well as through interaction with individual members of B,
C and C's. Establishing a specific policy to disband a committee that is
"no longer needed" is not considered essential and therefore will
not be implemented at this time.
FINDING 2 : The County has no consistent method for updating
memberships on boards and commissions.
Response: We respectfully disagree with
this finding for the reasons indicated in the response to Recommendation
2 below.
RECOMMENDATION 2: The County should establish, adopt and implement
a method for up-dating membership on boards and committees.
Response: This recommendation has been
implemented. Government Code Section 54972 (copy attached) establishes the
parameters which local agencies (County) must follow regarding the preparation
of an "Appointments List" of ongoing B, C and C's as follows:
"On or before December 31 of each year, each legislative body shall
prepare an appointments list of all regular and ongoing B, C and C's which
are appointed by the legislative body of the local agency."
The Clerk of the Board office updates the
County Roster of Boards, Commissions and Committees (appointment list) monthly
as the Clerk is advised of openings and of pending appointments. Members
of the Board of Supervisors and their staffs have been provided a Roster
as a "Data Ease" application allowing them on-line access to the
most recent B, C and C's information. The Roster is completely updated and
sent to Board members prior to the end of each calendar year (December 31)
in accordance with the Government Code.
FINDING 3 : The County does not
always list qualifications for membership in its Roster of Boards, Commissions
and Standing Committees.
Response: We respectfully disagree with
this finding for the reasons indicated in the response to Recommendation
3 below.
RECOMMENDATION 3: The County should establish, adopt and implement
a consistent method of listing qualifications for membership on each board
or commission.
Response: This recommendation has been implemented. Written qualifications for membership on B, C and C's are available during regular business hours in the Clerk of the Board office as a component of the "Fact Sheets" (samples attached) in the County Roster of Boards, Commissions and Committees.
FINDING 4 : The County process
for filling vacancies on boards and commissions is vague. No clear cut responsibility
is indicated, but left to individual supervisors, and/or departments. The
County does not have a handbook to introduce new members of boards and commissions
to County policies and procedures.
Response: We agree with the portion of
the finding stating that a handbook does not exist to introduce new members
of B, C and C's to County policies and procedures. However, for the reasons
indicated in our response to Recommendation 4 (a) below, we respectfully
disagree with the portion of the finding which states that the process for
filling vacancies on boards and commissions is vague.
RECOMMENDATION 4(a): The County should establish, adopt and implement
a consistent process, with clear responsibilities, for filling vacancies
on boards and commissions.
Response: This recommendation has been implemented. A notice of vacancy on B, C and C's is completed and posted pursuant to Government Code Section 54974-Notice of Unscheduled Vacancy (copy attached) by the Clerk of the Board office. The Board of Supervisors fills vacancies upon nomination by individual Board members.
RECOMMENDATION 4(b): The County should provide a handbook or other
written material to introduce new members of boards and commissions to County
policies and procedures.
Response: This recommendation has been
partially implemented in that departments responsible for the administration
of B, C and C's often provide their committee members with written material
regarding County policies and procedures. However, a general handbook for
all new members of B, C and C's will not be implemented at this time. There
are currently in excess of 80 B, C and C's active in the County covering
issues ranging from Planning to Health Care to the Elderly and Children.
It would be expensive to produce, update and maintain a policies and procedures
handbook intended for distribution to all members of B, C and C's. As indicated
above, individual departments which administer each B, C and C are responsible
for the orientation of its members regarding County policies and procedures.
FINDING 5: The County did not
submit any written material on how members of boards and commissions are
educated about the Brown Act, or to which boards and commissions the Brown
Act applies.
Response: We agree with this finding, but
have no record of having received a request for such written material.
RECOMMENDATION 5: The County should develop materials, and perhaps
a video, to educate new members on boards and commissions about the Brown
Act.
Response: This recommendation will be implemented.
The County Administrator will work with County Counsel to develop a written
guide for new members of B, C and C's regarding the Brown Act. This material
will be provided to each department for reproduction and distribution to
B, C and C's for which that department has responsibility.
FINDING 6: Reporting to governing
bodies via agendas and minutes may not adequately indicate effectiveness
of boards and commissions. Annual reports are not consistently required
or submitted.
Response: We agree with this finding.
RECOMMENDATION 6: The County should develop a method for Boards and
Commissions to report their activities to governing bodies and the community.
Response: This recommendation has been
implemented. Many of the County's B, C and C's report their activities to
the Board of Supervisors and the public via annual reports placed on the
Board's agenda (i.e.: Children's Network, Affirmative Action Commission,
the Commission for Women etc...) Other B, C and C's report to the Board
on an as needed basis. Moreover, the Board may, at any time, request a report
from any B, C and C and/or solicit input from individual committee members.
To require each of the County's 80+ B, C and C's to regularly report to
the Board would add substantial hearing time to an already full Board agenda
and it could reduce one of the benefits of the B, C and C's, which is to
save the Board hearing time on a wide range of issues.
FINDING 7: An organization chart
or matrix would help to clarify the function of each board or commission
and its relationship to governmental structure. Such a chart or matrix would
also identify redundancy or an unmet need.
Response: We agree with this finding.
RECOMMENDATION 7: Administrators should develop an organization chart
or matrix to clarify the function of each board and commission and to identify
the community need being filled.
Response: This recommendation has been
partially implemented as follows: the purpose of each County board, commission
and committee is listed as a component of the "Fact Sheets" in
the County Roster of Boards, Commissions and Committees thereby identifying
the "community need" being addressed. It may be worth noting that
some B, C and C's are established by state statute in response to an identified
statewide need.
However, establishing and maintaining a
matrix or organization chart of all B, C and C's to clarify their relationship
to government structure is not considered a high priority given limited
staff resources and therefore, will not be implemented at this time.
Sincerely,
Michael F. Brown
County Administrator
Attachments
c: Patricia Fillippini, 1996-97 Grand Jury Foreperson
Stephen Shane Stark, County Counsel