COMPLETED BOARD ORDER"�|E�
�25
Before the Board of Supervisors in and for the
County of Monterey, State of California
Approve the Bylaws of the Area Agency
on Aging Advisory Council
Upon motion of Supervisor Potter, seconded by Supervisor Salinas, and carried by those members
present, the Board hereby;
Approved the Bylaws of the Area Agency on Aging Advisory Council.
PASSED AND ADOPTED on this 17th day of May, 2011, by the following vote, to wit:
AYES: Supervisors Armenta, Calcagno, Salinas, Parker, and 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 May 17, 2011.
Dated: May 17, 2011 Gail T. Borkowski, Clerk of the Board of Supervisors
County of Monterey, State of California
By
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�BYLAWS
MONTEREY COUNTY AREA AGENCY ON AGING
ADVISORY COUNCIL
Article I
NAME AND AUTHORIZATION
Section 1-Name
The name of this organization shall be the Monterey County Area Agency on Aging
Advisory Council AM-AC), hereafter called the Council.
Section 2 Authorization
By resolution on May 13, 1980, and amended by Resolution 85-1 on January 8, 1985
the Monterey County Board of Supervisors established the Area Agency on Aging
Advisory Council AAA-AC) to provide advice and assistance to the Board and the
Area Agency on Aging, as administered by the Monterey County Department of
Social and Employment Services.
Article II
STATEMENT OF PURPOSES AND FUNCTIONS
The purpose and functions of the Council shall be as follows:
1. Provide information and input to the Board about issues affecting seniors and
people with disabilities.
2. Participate in the development and implementation of the Four Year Area
Plan, Area Plan updates and the Annual Report to the Board.
3. Recommend funding allocations and contracting to the Board of
Supervisors.
4. Participate in contract monitoring and evaluations.
5. Advocate and advise the Board of Supervisors on legislation and policies
pertinent to seniors and people with disabilities.
Revised by exec committee 10.21.10 1
Second Reading 02.24.11
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�6. Participate in the planning, evaluation and coordination of services to
seniors and people with disabilities in Monterey County.
Article III
COUNCIL COMPOSITION AND REQUIREMENTS
Section 1 Composition of the Council
The composition of the Council shall be as determined by the Board of
Supervisors In accordance with State and Federal guidelines.
Section 2 Selection of Council Members
a. Each member of the Board of Supervisors 5) shall appoint one member to serve
for a three-year term.
b. The Council shall recommend to the Board of Supervisors ten 10) Community-
at-Large Representatives for appointment to membership on the Council
c. Council membership shall consist of; OAA Title Ill PartA Section 306 5) D); 2006
Amendments)
1) Older individuals including minority individuals and older individuals
residing in rural areas) who are participants or are eligible to participate in
programs assisted under the Older Americans Act
2) Family caregivers
3) Service providers
4) Representatives of the business community
5) Local elected officials
6) Providers of veterans' health care
7) The general public
d. Members of the California Senior Legislature CSL) and the California Commission
on Aging from Monterey County who are not members of the Monterey County
AAA AC shall be ex-officio members of the Council without voting privileges.
Section 3 Terms of Membership
a. Terms of Council members shall begin on January 1, shall be three 3)
years in length and are to be staggered, one third 5 members) each year.
b. Council members appointed to fill vacancies, which occur during a term,
shall complete those terms.
Section 4 Vacancies
a. A vacancy shall exist:
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�1) When a Council member submits a resignation to the Council Chair,
and, if appropriate, to the appointing Supervisor;
2) When a Council member fails to attend three consecutive Council
meetings without cause or fails to attend four regular Council meetings in
twelve 12) months
3) The Advisory Council will determine excused or unexcused
absences when roll call is taken at each Council meeting
4) When a death, disability of any other circumstance prevents a
Council member from completing a term; or
5) When a Council member no longer resides in the County, or
otherwise does not meet the qualifications for the appointment.
b. Upon majority recommendations of the Council, any Council member may be
removed from office by a majority vote of the Board of Supervisors.
c. When a prospective vacancy is imminent, or when a Council member resigns, the
Council Chair shall forthwith notify the Board of Supervisors in writing.
Section 1 Office and Terms
Article IV
OFFICES
a. The officers of the Council shall be a Chair and Vice-Chair.
b. The term of office shall be one year beginning on January 1.
c. Should the office of the Chair become vacant the Vice-Chair shall succeed to that
office.
d. Other vacancies that occur shall be filled by election for the remainder of the
unexpired term by the voting members of the Council.
Section 2 Election and Nomination of Officers
a. In July the Chair shall convene a Nominating Committee.
b. In September the Nominating Committee shall present to the Council their slate of
officer nominations.
c. In November the Council shall elect its officers. An individual receiving the most
votes cast for an office shall be deemed elected. Nominations may be made from
the floor with the consent of the person being nominated during the November
meeting,
d. The election with be open, i.e. not a secret ballot, in compliance with the Ralph
M. Brown Act.
Section 3 Duties of Officers
a. The duties of the Chair shall be as follows;
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�1) Preside at all meetings of the Council and of the Executive
Committee;
2) Call special meetings of the Council and of the Executive
Committee when necessary;
3) Appoint members to Committees;
4) Serve as an ex-officio member of all Committees;
5) Work with staff of the Area Agency on Aging to prepare an agenda
for each meeting and for such other purpose as may be desirable;
6) Assure that members of the public have an opportunity to speak at
the appropriate time during Council meetings;
7) Perform all other duties necessary or incidental to the office;
8) Act as liaison to the Board of Supervisors.
b. The duties of the Vice-Chair shall be as follows:
1) Assume the duties of the Chair during the absence, upon
resignation, or unavailability of the Chair;
2) Serve as ex-officio member of all committees;
3) Serve as parliamentarian,
Article V
MEETINGS
Section 1 Regular Meetings of the Council
The Council shall hold meetings bi-monthly, beginning in January. Notification of
the time and place of meetings shall be given at least one week in advance to
members of the Council, to the Board of Supervisors, to representatives of the
media who have filed for notice, to agency members and to persons in the
community who have filed requests in advance. Notification of any change in the
time and place of meetings shall be given at least three 3) days in advance,
Section 2 Special Meetings of the Council
Special meetings of the Council may be called by order of the Chair or by a majority of
the Council. No business other than that for which the meeting was called shall be
considered. Notice shall be given at least three 3) days in advance of such meeting.
Section 3 Quorum
A quorum is the minimum number of Council Members needed to conduct business. For
the AAA Advisory Council, a quorum equals a majority of those members currently
appointed.
Section 4 Public Participation in Council Meetings
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�a. The council encourages the public to attend Council meetings
b. Each member of the public addressing the Council shall be requested to
identify himself/herself by name, city of residence and the organization
represented,
c, Copies of the agenda shall be made available to visitors
Section 5 Voting Requirements and Procedures
a. Only duly appointed Council members shall be entitled to vote.
b. Every member must be present in person to vote.
c. Proxy voting shall not be permitted.
Section 6 Conflict of Interest
Any member of the Council shall be in conflict of interest if they are a volunteer,
employee, officer, owner or shareholder of a provider obtaining funds or materials
from the Area Agency on Aging.
At each Council or committee meeting, the Chair shall ask if any member is in conflict of
interest. Such member shall not participate in any planning or discussion, and shall leave
the room, as directed by County Counsel.
Section 7 Executive Session Meetings
The Council shall not hold a closed session or any meeting which excludes the
public without first advising the County Counsel of the specific purpose or purposes
of such meeting and receiving written advice from such Counsel that It is legal to
hold such a session or meeting. The County Counsel will use his/her discretion as
to whether he/she will be represented at any executive session held by the Council.
Article VI
MEETINGS ON ANNUAL PLAN AND OTHER MATTERS
a. Public Hearings on the Agency's Area Plan shall be held each year. Such hearings
shall be widely advertised for the purpose of providing area residents with the opportunity
for comments and recommendations thereon. Since no action will be taken a quorum of
Council members is not necessary for a Public Hearing.
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�b. Regular Council business shall be transacted through Committees and the full Council
following the provisions of the Ralph M. Brown Act.
Article VII
ANNUAL REPORT
An Annual Report, which consists of the Area Plan Update, shall be prepared annually.
The Report shall contain a summary of the Council's activities and accomplishments;
finances; a list of individual Council members; and any other information requested by the
Board of Supervisors.
Copies of the Report will be submitted to the Board of Supervisors. In addition to the Annual
Report, progress reports and recommendations may be submitted to the Board at any time.
Article VIII
OTHER RECORDS, REPORTS AND STATEMENTS
Section 1 Records, Reports, and Statements
Records, reports and statements shall be delivered to the Council members at
least seven 7) days prior to the date of the meeting at which such record, report or
statement is to be proposed for consideration and action thereon by the Council.
However, if the need to take action arose subsequent to the agenda being posted,
two-thirds of members or all members if less than two-thirds are present) shall
determine the need.
Section 2 Opinions and Recommendations of Council Members
Any Council member may express his or her opinions or recommendations when
acting solely as an individual and not as a member of the Council.
Article IX
COMMITTEES
Section 1 Appointment to Committee
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�a. The Committees of the Council, with the exception of the Executive
Committee, shall be composed of Council members and other members of
the community, appointed for a one-year term by the Chair. Each Council
member shall serve on at least one standing Committee. The Chair shall
also appoint, subject to concurrence by the Council, a Council member to
be the Chair of each Committee. Meetings of the respective Committees
shall be held subject to the call of the respective Chairs thereof, or upon
request by a majority of the members.
b. A Committee is any subsidiary group appointed by the Council Chair to
assist the Council. With the exception of the Committee Chair, Committee
members need not be Council members except for the Executive
Committee and Nominating Committee.
c. Council members on any Committee may not equal as many as a quorum
of the Council. The Committee shall be authorized to help carry out the
duties and functions of the Council. The actions and
recommendations of a Committee, with the exception of the Executive
Committee, shall not be deemed the action of the Council and shall in no
way bind the Council or its members.
Section 2: Executive and Standing Committee
a. The Executive Committee shall consist of the officers of the Council, and
up to four 4) Council members appointed by the Chair who have been
approved by the Council. It may make recommendations to the Council or if
any emergency situation prevails, act upon such matters as are brought up
for consideration by any member of the Committee. It shall report to the
Council on its actions at the next regular meeting of the Council. A majority
of the members of the Committee shall constitute a quorum for the
transaction of business. Other Members of the Council may attend
Executive and other Committee meetings, but without the privilege of
voting. They may, if requested by members of the Committee, offer
statement or opinions. The function of the Executive Committee is to
develop Advisory Council meeting agendas, follow activities of the standing
Committees, prepare and review By Laws and work with staff on matters
related to Council training and development.
b. Planning, Evaluation and Allocations Committee assists the Council in
developing the Four Year Area Plan, the Annual Area Plan Update, and
the Annual Report. It monitors the goals and objectives of the Area Plan.
The Committee recommends methods for assessing community needs and
receiving public opinion on service priorities recommended in the Area Plan.
The Committee reviews grant proposals from community providers, makes
funding recommendations to the Council and performs contract monitoring
visits. It assists the AAA with long term care system planning, development
and coordination and may perform research and analysis for the
development of innovative service delivery systems and programs.
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�c. The Legislation and Advocacy Committee analyzes and tracks
proposed legislation; Federal, State, and local laws; and social policies
affecting seniors and people with disabilities. The Committee initiates
legislation and policies to improve services and advocates change for
older persons and people with disabilities.
d. The Nominating Committee nominates candidates for the offices to be
filled at the November meeting or as they shall otherwise occur. The
Committee is composed of three 3) Council members appointed by the
Council Chair at the July Council meeting.
Section 3 Ad Hoc Committee.
Special Committees may be created from time to time by the Council for the
purpose of studying or handling a special subject or matter referred to it by the
Council. An Ad Hoc Committee should not function for longer than one year.
Reports or recommendations by these Committees shall be made to the Council.
Section 4 Rules of Procedures for Committees
a. The Council and its Committees when holding public meetings in the
community shall elicit opinions from the community who wish to comment or
have questions.
b. All recommendations and/or reports of the Committees shall be brought to
the Council through the Chair of the Committee or the person so
designated.
c. Agendas for Committee meetings shall be developed by the Chair of the
Committee with the assistance of AAA Staff.
d. Committee members, including community members, shall abstain from
voting on items which include a conflict of interest in accord with Article V,
Section 9.
Article X
REIMBURSEMENT FOR COUNCIL MEMBERS
Council members shall be reimbursed for reasonable and necessary expenses in
performing Council functions duly authorized by the Executive Committee or the
full Council, within the limits of the budget for the Area Agency on Aging, with
travel allowances as determined by the Board of Supervisors.
Article XI
ASSIGNMENT OF STAFF
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�The County shall provide the following supportive services to the Area Agency on
Aging Advisory Council:
a. Administration of the budget and processing of revenue and expenditures
shall be by the Auditor/Controller's office;
b. Facility, services, and supplies including equipment telephones, fax,
computers, e-mail, U.S. mail, and interoffice mail;
c. Allocation of the County Staff as needed and available within the County
Budget for the Area Agency on Aging to carryout the mandates of the Older
Americans Act, as well as the Older Californians Act, and to assist in
managing the Agency's Four Year Area Plan, as well as necessary policies
and procedures.
Article XII
PARLIAMENTARY PROCEDURES
The Robert's Rules of Order of Parliamentary Procedures shall govern
procedural questions or points of order.
Article XIII
AMENDMENTS TO BY LAWS
a. These By Laws may be amended at any Council meeting by a majority
vote of the Council members, provided that the proposed amendments
have been submitted in writing and reviewed by the Council at their
preceding Council meeting.
b. Any resolutions of the Board of Supervisors, when it is in conflict with
these By Laws, shall be considered an automatic amendment to the By
Laws, Such resolution shall be attached to the By Laws.
c. Copies of these revised By Laws and subsequent amendments will be
submitted to the Board of Supervisors along with the minutes of the
meeting at which they were adopted.
These revised By Laws shall become effective upon approval by the Monterey
County Board of Supervisors.
Date of approval by the Board of Supervisors:
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�MONTEREY COUNTY BOARD OF SUPERVISORS
MEETING: May 17, 2011 Consent Agenda No. a,5
SUBJECT: Approve the Bylaws of the Area Agency on Aging Advisory Council
DEPARTMENT: Area Agency on Aging/Department of Social and Employment Services
RECOMMENDATION:
It is recommended that the Board of Supervisors:
Approve the Bylaws of the Area Agency on Aging Advisory Council
SUMMARY
The Monterey County Area Agency on Aging AAA) is one of 33 Area Agencies on Aging in the
state of California. Since 1980, the Monterey County AAA has been administered by the Department
of Social and Employment Services in the Aging and Adult Services Branch. The AAA is
responsible for implementation of the federal Older Americans Act and the Older Californian's Act.
The AAA operates as a planning and grants making organization and is a leader and advocate for
older persons in Monterey County.
DISCUSSION
The Area Agency on Aging Advisory Council advises the Area Agency on Aging on all matters
relating to the development of the area plan, the administration of the plan and operations conducted
under the plan. The bylaws amended membership composition prescribed by the federal Older
Americans Act, and clarified it's definitions of a quorum.
OTHER AGENCY INVOLVEMENT:
The bylaws were approved by the Advisory Council on February 16, 2011 and approved by County
Counsel on April 29, 2011.
FINANCING:
None
Prepared by:
Sam Trevino, Director, 755-4447
Area Agency on Aging
May 4, 2011
Approved by:
Elliott Robinson, Director
Social & Employment Services
May 4, 2011
Attachment: Area Agency on Aging Bylaws
Original on file with the Clerk to the Board's Office
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