File #: 12-129    Name:
Type: Minutes Status: Passed
File created: 2/7/2012 In control: Board of Supervisors
On agenda: 2/7/2012 Final action: 2/7/2012
Title: Approve an amendment to the membership of the Community Restorative Justice Commission. Approve an amendment to the membership of the Community Restorative Justice Commission.
Attachments: 1. Completed Board Order, 2. Signed Board Report

 

 

 

 

 

 

COMPLETED BOARD ORDER"�|E]#�21

Before the Board of Supervisors in and for the

County of Monterey, State of California

Resolution No. 12-026

Approve an amendment to the bylaws of

the Community Restorative Justice

Commission

WHEREAS the County of Monterey Board of Supervisors established the Community Restorative

Justice Commission CRJC) on September 26, 2000 to provide a more comprehensive and

integrated approach to delinquency prevention and crime response, under the principles of

Restorative Justice for long term healing, restoration and prevention;

WHEREAS the Community Restorative Justice Commission adopted its membership on February

23, 2009 and the Board of Supervisors approved them on April 14, 2009;

WHEREAS the Community Restorative Justice Commission recommends changing the member

title from Correctional Representative" to State Correctional Representative" and adding a

Local Correctional Representative";

WHEREAS the Community Restorative Justice Commission is recommending the approval of a

new member to its membership, increasing it from 18 to 19;

NOW, THEREFORE, BE IT RESOLVED that Board approves the Community Restorative Justice

Commission amended bylaws dated December 19, 2011.

PASSED AND ADOPTED on this 7th day of February, 2012, upon the motion of Supervisor Parker,

seconded by Supervisor Armenta and carried by those members present, by the following vote, to-

wit:

AYES: Supervisors Armenta, Supervisor Calcagno, Salinas, Potter and Parker

NOES: None

ABSENT: None

I, Gail T. Borkowski, Clerk of the Board of Supervisors of the County of Monterey, State of California, hereby certify

that the foregoing is a true copy of an original order of said Board of Supervisors duly made and entered in the minutes

thereof of Minute Book 76 for the meeting on February 7, 2012.

Dated: February 9, 2012 Gail T. Borkowski, Clerk of the Board of Supervisors

County of Monterey, State of California

By

 

 

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COMPLETED BOARD ORDER"�|E]#�BYLAWS OF THE

Community Restorative Justice Commission

ARTICLE I

NAME OF ORGANIZATION

Section 1.1: The organization shall be known as the Community Restorative Justice

Commission or CRJC).

ARTICLE 11

AUTHORITY

Section 2.1 The Community Restorative Justice Commission was duly established by

the Monterey County Board of Supervisors by resolution 00-364 at its

regularly scheduled meeting on September 26, 2000.

ARTICLE III

MISSION STATMENT

Section 3.1: The Community Restorative Justice Commission strives to balance the

legitimate needs of the victims, community and offenders. The

commission sets policy and makes recommendations for restorative justice

programs. These successful programs will enhance community protection

and develop empathy and competency in the offender. They will also

direct accountability of the offender to the victim. and victimized

community moving toward restoration and healing.

ARTICLE IV

PURPOSE

Section 4.1: The Community Restorative Justice Commission shall oversee community

education on restorative justice issues and shall review and evaluate the

restorative justice needs, services, facilities and special concerns. In

addition, the commission shall oversee the partnership between probation,

law enforcement, the judiciary and Restorative Justice Partners, the

community based non-profit corporation established to implement

restorative justice in Monterey County.

Section 4.2: The Community Restorative Justice Commission shall make

recommendations to the Probation Department and Law Enforcement, the

District Attorney's Office, the Public Defender's Office, Board of

Supervisors and the Superior Court for the successful implementation of

restorative justice principals.

Section 4.3: The Community Restorative Justice Commission shall not be organized

for the benefit or private gain of any individual. The purpose of the

Community Restorative Justice Commission is to represent Monterey

As last amended on December 19, 2011 Page 1 of 7

 

 

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COMPLETED BOARD ORDER"�|E]#�County in all matters pertaining to restorative justice programs, and to

promote a positive atmosphere between county residents the County of

Monterey.

Section 4.4: Members of the Community Restorative Justice Commission are not

representatives for any resident within the County of Monterey in regard

to any business dealings as agents representing the County of Monterey;

members are representatives of the Community Restorative Justice

Commission, and as such, they are to involve themselves in the business

and scope of responsibilities accorded the members of the Community

Restorative Justice Commission.

Section 4.5: The Community Restorative Justice Commission shall at all times

promote events, activities and programs for the purpose of benefiting the

residents of the County of Monterey.

Section 4.6: The Community Restorative Justice Commission shall be a non-

commercial, non-denominational and a non-political organization.

ARTICLE V

COMPOSITION OF THE COMMUNITY RESTORATIVE JUSTICE

COMMISSION

Section 5.1: Membership on the Community Restorative Justice Commission shall be

open to all adults and minors living within the County of Monterey. The

membership shall be as specified in the Board of Supervisor's resolution

attached as Appendix A.

Section 5.2: Members of the Community Restorative Justice Commission will

provide leadership for the benefit of all residents within the County of

Monterey.

ARTICLE VI

OFFICERS

Section 6.1: The officers of the Community Restorative Justice Commission shall be a

Chairperson and such others as the Community Restorative Justice

Commission may deem necessary.

Section 6.2: Duties of the Chairperson: The Chairperson shall preside at all meetings of

the Community Restorative Justice Commission, sign all necessary reports

and process other communications of the Community Restorative Justice

Commission. The Chairperson shall perform all other duties as may be

prescribed by the Community Restorative Justice Commission from time

to time.

As last amended on December 19, 2011 Page 2 of 7

 

 

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COMPLETED BOARD ORDER"�|E]#�Section 6.3: In the event the Chairperson is unable to perform the duties listed in

Section 4.2, the Chairperson may designate another member of the

Commission to temporarily act in his or her place.

Section 6.4: The Chief Probation Officer may designate a staff member who shall

maintain an accurate record of the meetings for the Community

Restorative Justice Commission.

ARTICLE VII

ELECTION OF OFFICERS

Section 7.1: An election must be held each January for the office of Chairperson and

such other officers as the Commission may deem necessary.

Section 7.2: An officer may serve no more than two consecutive terms in the same

position.

Section 7.3: A Special election for the replacement of an officer shall take place at the

first meeting following either the officer's resignation/incapacity or the

termination of the term of the person holding office.

Section 7.4: No member may hold more than one office during the term of that office.

ARTICLE VIHI

COMMITTEES

Section 8.1: Committees and Sub-Committees may be created from time to time by

action of the officers and members of the Community Restorative Justice

Commission; upon completion of its assignment, a committee or sub-

committee shall automatically terminate. Committees and subcommittees

shall be composed of members totaling less than a quorum.

Section 8.2: A committee and sub-committee shall hold any number of meetings

necessary to accomplish its assigned purpose,

Section 8.3: The composition of a committee or sub-committee formed to address

external work may include as members persons who are not members of

the Community Restorative Justice Commission.

Section 8.4: At least one member of the Community Restorative Justice Commission

will be a member of each committee or sub-committee.

ARTICLE 1X

MEETINGS OF THE COMMUNITY RESTORATIVE JUSTICE COMMISSION

As last amended on December 19, 2011 Page 3 of 7

 

 

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COMPLETED BOARD ORDER"�|E]#�Section 9.1: Regular meetings of the Community Restorative Justice Commission shall

be held once a month at a place and time to be decided by the

Commission.

Section 9.2: The Community Restorative Justice Commission shall adhere to the

Brown Act California Government Code Sec. 54950 et seq.)

Section 9.3: A quorum for the transaction of business of the Community Restorative

Justice Commission shall consist of a majority of the filled membership

positions. Alternatively, a quorum may consist of six members if the six

members separately represent one of the following categories: Chief

Probation Officer; a member of the board of supervisors; at least one but

not more than three victims of crime; at least one law enforcement

representative; at least one but not more than two from the faith, business,

education or non-profit community.

Section 9.4: Either the chairperson or other officer or a majority of the membership

may call for a special meeting by complying with the notice requirements

of Government Code Section 54956.

ARTICLE X

TERMINATION OF MEMBERSHIP

Section 10.1: If a member ceases to live within the County of Monterey, his/her

membership on the Community Restorative Justice Commission will

automatically terminate.

Section 10.2: Resignations or termination of membership will become official at the

regular meeting following the acceptance of resignations, or the

notification of termination.

Section 10.3: Regular attendance by members is important to the success of the

Commission. When a member has three consecutive unexcused absences,

the Commission will place the matter on the next agenda for a majority

vote whether to recommend to the appointing authority that the member

be removed. An excused absence includes any notification by a member

to an officer of the commission or to commission staff in advance of a

meeting that the member will not be able to attend. Excused absences will

be noted in the minutes for the meeting.

Section 10.4: If the Commission finds by majority vote that willful misconduct by a

member is likely to bring discredit on the Commission, the Commission

will recommend to the appointing authority that the member be removed.

As last amended on December 19, 2011 Page 4 of 7

 

 

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COMPLETED BOARD ORDER"�|E]#�ARTICLE XI

VOTING PROCESS

Section 11.1: Each member of the Community Restorative Justice Commission present

at a meeting will have one vote. No proxies or absentee votes are allowed

except that the Commission may designate an alternate for the student

member. A member who is an elected official, the Chief Probation

Officer or the Public Defender may designate a representative to

participate and vote at meetings if he/she is unable to attend.

Section 11.2: The Community Restorative Justice Commission and its committees and

subcommittees will operate in accordance with restorative principles and

strive to reach consensus in making decisions.

ARTICLE XII

MINUTES OF MEETINGS

Section 12.1: The activities of each meeting will be recorded in writing and sent to

Commissioners at least seven days prior to the next regular meeting.

ARTICLE XIII

AMENDMENTS

Section 13.1: These bylaws may be amended at any official meeting by majority vote.

Section 13.2: The Commission will review and revise these bylaws as needed at least

every two years.

As last amended on December 19, 2011 Page 5 of 7

 

 

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COMPLETED BOARD ORDER"�|E]#�Exhibit A

COMMUNITY RESTORATIVE JUSTICE COMMISSION

Membership

The Community Restorative Justice Commission shall consist of the Chief

Probation Officer or his/her designee, the District Attorney or his/her designee, the Public

Defender or his/her designee and 15 members appointed by the Board of Supervisors,

plus one member of the Board.

To establish broad-based community representation on the Commission, the

Members will include:

 One resident of Monterey County who has been a victim of crime, to be appointed

by each Supervisor

 One state correctional professional

 One local correctional professional

 A member of the Monterey County Chief Law Enforcement Officers' Association

 The mayor of a city in Monterey County

 One student attending a college, university or a Monterey County high school.

 A person who has personal experience with the criminal justice system

 A member of the faith community

 A business person

 An educator

 An official of a non-profit organization concerned with law enforcement and

Victims' rights

As last amended on December 19, 2011 Page 6 of 7

 

 

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COMPLETED BOARD ORDER"�|E]#�Exhibit A

Terms

The Board shall designate eight of the fourteen members it appoints to serve an

initial two-year term. The remaining seven appointees shall serve three-year terms.

Subsequent appointments shall be for three-year terms. The Chief Probation Officer shall

Serve as long as he/she holds that office. The District Attorney shall serve as long as

he/she holds that office. The Public Defender shall serve as long as he/she holds that

office. The Board of Supervisors member shall serve a three-year term.

Function

The Commission shall oversee community education on restorative justice issues

and shall review and evaluate the restorative justice needs, services, facilities and special

concerns. In addition, the Commission shall oversee the partnership between probation,

law enforcement, the judiciary, and Restorative Justice Partners, the community based

non-profit corporation established to implement restorative justice in Monterey County.

The Commission shall make recommendations to the Probation Department and

Law Enforcement, the District Attorney's Office, the Public Defender's Office, and the

Superior Court for the successful implementation of restorative justice principles.

The Commission shall submit an annual report to the Board of Supervisors.

As last amended on December 19, 2011 Page 7 of 7

 

 

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SIGNED BOARD REPORT"�|E],�MONTEREY COUNTY BOARD OF SUPERVISORS

MEETING: February 7, 2012  Consent AGENDA NO.: a. I

SUBJECT: Approve an amendment to the membership of the Community Restorative Justice

 Commission.

DEPARTMENT: Probation

RECOMMENDATION:

It is recommended that the Board of Supervisors approve the proposed amendment to the

membership of the Community Restorative Justice Commission CRJC).

SUMMARY/DISCUSSION:

The Board of Supervisors established the Community Restorative Justice Commission on

September 26, 2000 as an oversight and advisory body supporting local activities under the

principles of Restorative Justice in addressing issues of crime, sentencing, and victims' restoration

in Monterey County.

The participation of the criminal justice departments is crucial for a balanced and comprehensive

approach toward protection of the community and offender accountability, and to increase the

victims' and the victimized community's levels of restoration and healing. The members appointed

by the Board of Supervisors establish broad-based community representation on the commission.

The present membership consists of one member of the Board of Supervisors; the Chief Probation

Officer, District Attorney, and Public Defender or their designees); and 14 members appointed by

the Board, for a total of 18 members.

The CRJC recommends changing the Correctional Representative" to State Correctional

Representative" and adding a Local Correctional Representative" which would bring the total

membership of the CRJC to 19. The amended bylaws were approved by the commission on

December 19, 2011.

OTHER AGENCY INVOLVEMENT:

The Probation Department and the Community Restorative Justice Commission are in concurrence

and support this action.

FINANCING:

The Community Restorative Justice Commission is self-supporting through volunteer work, grants

and fund-raising activities. There is no impact on the County General Fund.

Prepared by:

Sandra Shaffer

Management Analyst II

Phone 755-3985

Date:  l\c t a>l 7, 2 of

Cc: Char es J. McKee, County Counsel

Michael Miller, Auditor-Controller

Attachment: CRJC Bylaws as amended 12/19/11

Mai uiel Real

Chief Probation Officer

 

 

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