Title
Introduce, waive first reading, and set June 24, 2025, at 10:30 a.m., as the date and time to consider adoption of ordinance to amend Chapters 2.12, 2.18, 2.19, and 3.14 of the Monterey County Code to reflect current civil rights practices, and ensure consistency with civil rights federal and state laws.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors introduce, waive first reading, and set June 24, 2025, at 10:30 a.m., as the date and time to consider adoption of ordinance to amend Chapters 2.12, 2.18, 2.19, and 3.14 of the Monterey County Code to reflect current civil rights practices, and ensure consistency with civil rights federal and state laws.
SUMMARY/DISCUSSION:
On November 5, 1996, the State of California passed Proposition 209 (California Civil Rights Initiative). In accordance with the new legislation, the County of Monterey Board of Supervisors established the Office of Affirmative Action to meet the requirements the legislation established for local jurisdictions. The Office of Affirmative Action dedicated its work to advancing civil rights policies and fostering equity within the County. However, over the years, the Office underwent several name changes to reflect its evolving role. After initially being designated as the “Office of Affirmative Action,” it later became the “Equal Opportunity Office” and, since January 9, 2018, is now referred to as the “Civil Rights Office” and its departmental lead the “Civil Rights Officer” under Chapters 2.19 and 2.80 of the Monterey County Code (“MCC”). These updates emphasized the Office’s responsibility for overseeing local civil rights policies and ensuring compliance with state and federal civil rights laws. While these changes in nomenclature have been documented, the County Code has not yet been fully updated accordingly. This recommended action seeks to adopt an ordinance to amend the County Code to align with current terminology.
Further, in addition to the terminology update, a change in the language pertaining to commissions under MCC Section 2.19.020 is necessary to afford flexibility in case the commissions determine to redesignate their name or purpose as they have done in the past. A change in the above- recommended text aligns with the current commissions expressed will to make changes in the near future.
These proposed amendments include the following:
1. Amending MCC Section 2.12.040 (A)(15) to change the nomenclature of the “Equal Opportunity Officer” and replace it with the current position title of “Civil Rights Officer.” Further, the term “affirmative action” should be removed from the ordinance text to update it to current terminology.
2. Amending MCC Section 2.12.040 (E)(7) to change the nomenclature of the “Equal Opportunity Officer” and replace it with the current position title of “Civil Rights Officer.”
3. Amending MCC Section 2.18.010 (A)(9) to change the term “Affirmative Action” and replace it with “Equal Opportunity.”
4. Amending MCC Section 2.19.020 to remove “The Equal Opportunity Advisory Commission and the Monterey County Commission on Disabilities” nomenclature and replace it with “Commissions determined or assigned by the Board of Supervisors.”
5. Amending MCC Section 3.14.030 (D) to remove the term “Monterey County Affirmative Action Plan” and replace it with “County of Monterey Equal Opportunity Plan.”
6. Amending MCC Section 3.14.060 (B) to remove the term “Monterey County Affirmative Action Plan” and replace it with “County of Monterey Equal Opportunity Plan.”
OTHER AGENCY INVOLVEMENT:
The Office of the County Counsel has reviewed the proposed ordinance as to form.
FINANCING:
There is no financial impact to the General Fund.
BOARD OF SUPERVISORS STRATEGIC INITIATIVES:
This action provides for a more efficient process of Board member votes.
__Economic Development
X Administration
__Health & Human Services
__Infrastructure
__Public Safety
Prepared by: Daniel Gonzalez, Senior Equal Opportunity Analyst, x6625
Approved by: Juan P. Rodriguez, Civil Rights Officer
Attachments:
Board Report
Attachment A - Draft Ordinance (clean)
Attachment B - Draft Ordinance (redline)
(Attachments on file with the Clerk of the Board)