COMPLETED BOARD ORDER�"y]�34
Before the Board of Supervisors in and for the
County of Monterey, State of California
Approve and adopt revisions to the Bylaws
of the Equal Opportunity Advisory
Commission.
Upon motion of Supervisor Parker, seconded by Supervisor Armenta, and carried by those
members present, the Board hereby:
Approved and adopted revisions to the Bylaws of the Equal Opportunity Advisory Commission.
PASSED AND ADOPTED this 13th day of April, 2010, by the following vote, to wit:
AYES: Supervisors Armenta, Calcagno, Salinas, Parker, Potter
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 75 for the meeting on April 13, 2010.
Dated: April 14, 2010 Gail T. Borkowski, Clerk of the Board of Supervisors
County of Monterey, State of California
By i
Deputy
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SIGNED BOARD REPORTX��"y_�MONTEREY COUNTY BOARD OF SUPERVISORS
MEETING: APRIL 13, 2010 AGENDA NO.: CONSENT
SUBJECT: APPROVE AND ADOPT REVISIONS TO THE BYLAWS OF THE
EQUAL OPPORTUNITY ADVISORY COMMISSION
DEPARTMENT: Equal Opportunity Office
RECOMMENDATION:
It is recommended that the Board of Supervisors approve and adopt revisions to the Bylaws of
the Equal Opportunity Advisory Commission.
SUMMARY/DISCUSSION:
The Equal Opportunity Advisory Commission, then referred to as the Affirmative Action
Advisory Commission, was established pursuant to Resolution No. 72-274, dated July 11, 1972.
The Equal Opportunity Advisory Commission is comprised of members representing each
Supervisorial District, labor groups, Department Heads, and community-based organizations.
Equal Opportunity Advisory Commission duties include the review of the Monterey County Plan
for Equal Access to Employment and Contracting Opportunities Monterey Plan) and monitoring
the progress of County departmental plans, with respect to hiring goals, as outlined in the
Monterey Plan.
As a Commission of the County of Monterey, the Equal Opportunity Advisory Commission is
required to have bylaws and ensure that those bylaws reflect the role and the responsibilities of
the Commission and its members. The revision of the bylaws was a collaborative effort. The
revised bylaws were approved by the Equal Opportunity Advisory Commission during their
meeting of November 18, 2009.
OTHER AGENCY INVOLVEMENT:
The amended bylaws were reviewed by County Counsel.
FINANCING:
None.
Bonita Monarque, Acting Equal Opportunity Officer
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COMMISSION BYLAWSX��"ya�EQUAL OPPORTUNITY ADVISORY COMMISSION BYLAWS
ARTICLE I INTRODUCTION
This organization shall be known as the Monterey County Equal Opportunity Advisory Commission
EOAC), and shall be guided by the policies and procedures established by the Board of Supervisors
of Monterey County in the performance of its duties.
ARTICLE II PURPOSE AND DUTIES
1. In accordance with the Monterey County Plan for Equal Access to Employment and Contracting
Opportunities adopted by the Board of Supervisors on July 23, 1996 and any subsequent updates
The Monterey Plan), the Monterey County Equal Opportunity Advisory Commission shall
advise and make recommendations to the Board of Supervisors on matters relating to equal
opportunity as part of the Monterey Plan. The document will be referenced as the Monterey
Plan" throughout the remainder of the EOAC Bylaws.
2. The Commission has the following specific responsibilities:
a. Review and become familiar with the Monterey Plan and present proposals for modification
to the Board of Supervisors for consideration.
b. Recommend goals and timetables regarding the Monterey Plan for departments and the
County as a whole.
c. Periodically during the year, review and make recommendations regarding the progress of
departmental plans in furtherance of the Monterey Plan's goals for equal opportunity.
d. Review the County's recruitment, testing, selection, and promotion procedures, and
recommend changes where needed.
e. Hold meetings with department heads, appropriate employee groups, and community
groups to implement the Monterey Plan.
f. Review and advise Board of Supervisors on issues relating to equal access to contracting
opportunities.
g. Provide updates to their organization or Board Member on Commission related matters.
h. Each newly appointed Commissioner must attend a Commission orientation.
i. The completion of the ethics training as required under AB1234 Chapter 700, 2005).
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COMMISSION BYLAWSX��"ya�ARTICLE III MEMBERSHIP AND SELECTION
The Commission shall be composed of a total number not to exceed sixteen 16) representatives:
1. Two Department Heads Council Representatives.
2. The following employee organizations shall each select employees representing a protected
groups:
a. Monterey County Deputy Sheriff's Association one 1) representative
b. Service Employees International Union SEIU) Local 521 two 2) representatives
3. Each Supervisor shall appoint a representative from his or her district. At least three
supervisorial appointees shall be of a protected group.
4. The Commission on the Status of Women shall have one representative.
5. Up to five representatives from various community based organizations which actively
advocate for civil rights and/or represent the interest and concerns of protected groups in
the County of Monterey. Each organization is approved separately and must be screened
in accordance with standards established by the Commission. All representatives are
appointed after the organization is approved for membership. Upon expiration of a community
member's term, other interested and qualified community based groups may petition for
appointment to the Commission.
6. Members shall be approved by the Board of Supervisors.
ARTICLE IV TERMS OF OFFICE
1. Terms of office shall begin January 1St and end December 31St
2. The term of office for Commissioners, other than Board of Supervisors' representatives, is three
years. Except Board of Supervisors' representatives, Commissioners desiring to be reappointed
must petition for an additional term.
3. Each Board of Supervisors' representative shall serve during the term of office of the appointing
Supervisor, or until replaced
4. There shall be a six-year maximum consecutive membership for all representatives, with the
exception of the Board of Supervisors' representative.
A protected group is a group of people who share common characteristics and are protected from discrimination and
harassment by federal and/or state law. A protected group is distinguished by their race or ethnic origin, color, nation origin,
religion, disability, sex, age, veteran status, or sexual orientation/identity.
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COMMISSION BYLAWSX��"ya�5. Vacancy and replacements:
a. A vacancy shall exist:
1) when a commissioner submits a written resignation to the Commission Chairperson and
the appointing Supervisor/organization;
2) when a commissioner has three consecutive unexcused absences;
i. Absences due to vacation, family emergencies, personal illness, and out of
town work-related events, will be considered an excused absence" provided the
County Equal Opportunity Office was notified at least 24 hours in advance of
such absence and the excused absences do not total more than three 3) in a
calendar year.
3) when a commissioner's death, disability or any other circumstance prevents him/her
from completing a term; or
4) when a commissioner no longer resides in the County or Supervisorial District or
otherwise does not meet the qualifications for the appointment.
b. Vacancies shall be filled for the remainder of the term.
c. When a vacancy on the Commission occurs, the Commission Chairperson
shall forthwith notify the Board of Supervisors in writing. Notice of vacancies shall
comply with Board of Supervisors' Resolution No. 80-12. Pursuant to Resolution 80-12,
public notices of unscheduled vacancies shall be listed in newspapers of general
circulation printed and published in Monterey County and posted in County offices, and
libraries by the Clerk to the Board of Supervisors.
ARTICLE V ORGANIZATION AND PROCEDURES
1. Meetings:
a. Each Commission meeting shall be open to the public, and shall be governed by applicable
law and the requirements of Board of Supervisors' Resolution No. 80-12. The time and
place shall be determined by a quorum of the members at the first meeting of each
calendar year.
b. Members of the Commission shall meet once each month or at least nine times per year.
c. Special meetings shall be called by the Chairperson and/or may be called at the request of
three members of the Commission.
d. The Commission may, for good cause, grant leaves of absence for a reasonable period to
its members. Request for leaves of absence must be presented to the Commission
Chairperson in writing.
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COMMISSION BYLAWSX��"ya�2.
Quorum:
A quorum is a majority of the total current appointed membership of the Commission.
Commission action may be taken only if a quorum is present. A roll call vote shall be taken
when requested by any members in attendance.
3. Officers:
The Commission shall elect its Chairperson and Vice Chairperson. Commission officers
shall be elected during the Commission's first meeting of the year.
a. Officers shall serve for one year and may run for reelection at the annual election.
b. Duties of Officers:
1) Chairperson
a) Is responsible to speak for the Equal Opportunity Advisory Commission to other
organizations and to the public
b) Presides at all Commission meetings.
c) Appoints committees and committee chairpersons per bylaws.
d) Signs all documents to carry out the will of the Commission.
e) Stands as an ex-officio member of all committees with the exception of the
0
nominating committee.
Is responsible for the establishment of the agenda.
2) Vice-Chairperson
a) Assumes the duties of the Chairperson in case of absence or incapacity and
becomes the Chairperson upon the death, resignation or permanent incapacity of
the Chairperson.
4. Committees:
a. There shall be two standing committees:
1) Departmental Review of Monterey Plan Compliance
2) County Review of Monterey Plan Compliance
b. Ad hoc committees shall be appointed by the Chairperson as needed for special situations
not covered by the standing committees. Ad hoc committees shall serve only until the
final report of the committee is given to the Commission.
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COMMISSION BYLAWSX��"ya�c. The Commission Chairperson shall appoint a temporary chairperson of each committee
until each committee meets and selects a chairperson.
d. The Chairperson shall appoint a Nominating Committee of at least three members in
November to oversee the nomination process and conduct the election of officers at the
first Commission meeting of the subsequent year.
e. Duties of each committee shall be decided upon by the committee members and submitted
to the general Commission for approval with the exception of the Nominating Committee.
5. Amendments of Bylaws:
a. Any member of the Commission may suggest amendments to the bylaws.
b. To be approved, an amendment must first be presented in writing at a regular meeting. At
the next regular meeting, it may be adopted by a two-thirds vote of those present.
Thereafter, such amendment must be submitted to the Board of Supervisors for final
approval.
6. County Staff Support:
The Equal Opportunity Office shall provide staff support to the Commission. The County
Equal Opportunity Officer shall be the Executive Secretary to the Commission and shall be
responsible for taking minutes of each regular meeting, preparing the same, and for mailing
the meeting agenda and informational materials to all Commission members.
The Equal Opportunity Officer shall provide the Commission with an annual status report
summarizing:
a. Equal employment opportunity categories and job groups
b. Workforce composition and utilization analysis
c. Selection and separate analysis
d. Problem areas and trends
e. Countywide and Departmental EEO related training
f. Current status of the County in meeting goals and timetables outlined in the
Monterey Plan.
7. Minutes:
Official minutes indicating attendance and recording actions taken at each Commission
meeting shall be prepared and submitted to the Board of Supervisors through the Clerk to
the Board, prior to the subsequent meeting.
8. Expenses:
Pursuant to the provisions of Resolution 80-12, Commission members shall be entitled to
mileage reimbursement to and from meetings and reasonable expenses necessarily incurred to
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COMMISSION BYLAWSX��"ya�conduct official County business. Standard rates allowed County personnel shall be paid for
reimbursement.
9. Annual Report
An annual report shall be prepared for submission to the Board of Supervisors.
a. Each committee chairperson shall be responsible for preparing a report summarizing the
work of his/her committee. Each committee's report shall be approved by the full
Commission, and submitted to the Commission Chairperson no later than the May meeting
of each year.
b. The Chairperson, with staff support, shall prepare a short, concise summary report of the
Commission activities which shall be mailed to the Commission members prior to the June
meeting. A two-thirds vote of those present at the June meeting is required for approval of
the Commission's annual report.
c. The Commission shall submit copies of the annual report to the Clerk to the Board of
Supervisors by July 30 of each year. The Clerk to the Board shall distribute copies to the
Board of Supervisors and the County Administrative Officer.
10. Rules:
Board of Supervisors' Resolution 80-12, together will all other Resolutions which
establish County policy and/or procedure for the formation and operations of the various
County commissions, shall apply to the activities of the Equal Opportunity Advisory
Commission except as otherwise modified by these bylaws. Roberts' Rules of Order shall
guide the procedural conduct of meetings.
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