• Alameda County Early Care and Education Planning Council
    Bylaws

    Revised November 2022

     

    Table of Contents

    1. Article I
    2. Article II
    3. Article III
    4. Article IV
    5. Article V
    6. Article VI
    7. Article VII
    8. Article VIII
    9. Article IX
    10. Article X
    11. Article XI
    12. Article XII
    13. Article XIII
    14. Article XIV
    15. Article XV

    Article I

    Authority

    As of July 23, 2021, Local Planning Councils (LPCs) should refer to the California Welfare and Institutions Code (WIC) sections 10480 and 10485 through 10487 as the statutory authority over LPCs. LPCs must inform all applicable council members and stakeholders of the transfer from Education Code (EC) to the WIC. The LPCs will continue to adhere to the California Department Social Services (CDSS) Program Requirements for Local Child Care & Development Planning Council Programs’ Funding Terms and Conditions (FT&Cs).

    Statement of Purpose

    The Early Care and Education Planning Council (LPC) complies with California Welfare and Institutions Code 10485-10487 and 1) serves as a forum for the identification of local priorities for child care and the development of policies to meet the needs identified within those priorities (EC Section 8499.3), and 2) advise the County Board of Supervisors (BOS) and County Superintendent of Schools (CSS) on child care program and policy . It is further the intent of the Legislature, that communities implementing new programs or initiatives, connect with existing program strategies and build upon existing local collaboratives, when possible, to provide a unified integrated system of service for children and families (EC 54744).

    Responsibilities of the County Board of Supervisors and the County Superintendent of Schools

    The County Board of Supervisors and the County Superintendent of Schools shall select the members of the local planning council. Before making selections, the Board of Supervisors and the County Superintendent of Schools shall publicize their intention to select the members and shall invite local organizations to submit nominations. In counties in which the superintendent is appointed by the county board of education, the county board of education may make the appointment or may delegate that responsibility to the superintendent.

    Responsibilities of the Early Care and Education Planning Council (LPC)

    • By May 30 (or an identified deadline by CDE or CDSS) of each year, upon approval by the County Board of Supervisors and the County Superintendent of Schools, the LPC shall submit to the California Department of Social Services (CDSS) and the State Department of Education California Department of Education (CDE) the local priorities it has identified that reflect all child care needs in the County.
    • Elect a chairperson.
    • Engage and work with the LPC Coordinator and other supporting staff and/or consultants employed by the entity housing the LPC, as funding permits.
    • Conduct an assessment of child care needs at least once every five years, as funding permits. CDSS shall prescribe and define data elements to be included in the needs assessment and shall specify the format for the data reporting. The needs assessment shall also include all factors deemed appropriate by the LPC in order to obtain an accurate picture of the comprehensive child care needs in the County, as outlined in WIC 10486.
    • Document information gathered during the needs assessment which shall include, but is not limited to: data on supply, demand, cost, and market rates for each category of child care in the county.
    • Submit the results of the needs assessment and the local priorities identified by the LPC to the BOS and COE/CSS for approval before submitting them to CDSS.
    • Prepare a comprehensive countywide child care plan designed to mobilize public and private resources to address, strengthen and advance equity for identified needs.
    • Encourage public input in the development of the LPC priorities. Opportunities for public input shall include at least one public hearing during which members of the public can comment on the proposed priorities.
    • Conduct a periodic review of child care programs funded by the CDSS and California Department of Education (CDE) to determine if identified priorities are being met, including funding, staffing and quality issues.
    • Collaborate with all interested parties, including, but not limited to, subsidized and non-subsidized child care providers, county welfare departments, human service agencies, regional centers, job training programs, employers, integrated child and family service councils, local and state children and families commissions, parent organizations, early start family resource centers, family empowerment centers on disabilities, and local child care resource and referral programs, to foster partnerships designed to meet local child care needs.
    • Design a system to consolidate local child care waiting lists.
    • Facilitate community-based efforts to coordinate part-day programs, including state preschool and Head Start, with other child care and development services to provide full-day, full-year child care and development services based on guidelines and funding models approved by state and federal agencies.
    • Ensure training plans are implemented to ensure efficiency, productivity, and effective facilitation of LPC meetings.
    • Actively participate in local quality improvement initiatives, including but not limited to Quality Counts California (QCC) and Quality Rating Improvement System (QRIS) consortium.
    • Review and comment on policies and procedures submitted to CDSS and to CDE that concern child care to be provided within Alameda County. These comments shall in no way be binding on the CDE in determination of programs to be funded.
    • Identify at least one, but no more than two members to serve as part of the CDSS team that reviews and scores proposals for child care services funded through the CDSS. An LPC representative shall not review and score proposals from Alameda County.

     

    Article II

    Composition of the Council

    To comply with mandates of WIC 10485 and to maintain an inclusive participation from the diverse communities and families and children in Alameda County, the Council has a General Membership and an appointed Steering Committee.

    General Membership is open to all Alameda County residents and persons employed in Alameda County who are supportive of, and work for, the betterment of child care in Alameda County. General membership is indicated by attendance at Planning Council meetings, Council committee participation, or support of Planning Council activities through volunteer work or contributions of goods or services. General members do not vote on business or policy items. They participate in recruiting and recommending nominees for the Steering Committee, and informing the focus of Planning Council activities.

    Steering Committee members are appointed by the County Board of Supervisors and/or County Superintendent of Schools and exercise decision-making responsibility for Planning Council functions as described in WIC 10485 as well as hold voting rights on all Council business and policy recommendations. The Steering Committee is composed of no less than 15 and no more than 25 members, from the categories listed below. Every effort is made to ensure that membership reflects the racial, ethnic, and geographic population of the County. Every effort is made to ensure that categories include representation from groups that serve families and children with disabilities and other special needs.

    Definitions (WIC 10480)

    (a) “Block grant” means the block grant contained in Title VI of the Child Care and Development Fund, as established by the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193).

    (b) “Child care” means all licensed child care and development services and license-exempt child care, including, but not limited to, private for-profit programs, nonprofit programs, and publicly funded programs, for all children up to and including 12 years of age, including children with exceptional needs and children from all linguistic and cultural backgrounds.

    (c) “Child care provider” means a person who provides child care services or represents persons who provide child care services.

    (d) “Community representative” means a person who represents an agency or business that provides private funding for child care services, or who advocates for child care services through participation in civic or community-based organizations but is not a child care provider and does not represent an agency that contracts with the department to provide child care and development services.

    (e) “Consumer” means a parent or person who receives, or who has received within the past 36 months, child care services.

    (f) “Department” means the State Department of Social Services.

    (g) “Local planning council” means a local child care and development planning council as described in Section 10485.

    (h) “Public agency representative” means a person who represents a city, county, city and county, or local educational agency.

     

    Steering Committee Composition

    The entities listed below are examples and not an exhaustive list.

    A) 20% Consumers

    B) 20% Child Care Providers

    • Family Child Care
    • School District
    • Community Based Non-Subsidized
    • Community Based Subsidized
    • Head Start
    • FFN

    C) 20% Public Agency Representatives

    • County Agencies
        • Social Services Agency
        • Community Development Agency (County Planning)
        • Health Care Services Agency (HCSA)
        • Children and Families Commission
    • City Government
    • County Office of Education
    • School Districts
    • Parks and Recreation

    D) 20% Community Representatives Do we want to add CR that are actively involved in ECE issues in Alameda County

    • Entity that operates a CDSS Child Care Resource and Referral Program (required)
    • Entity that operates a CDSS Child Care Alternative Payment (AP) Programs (required)
    • Business and Chambers of Commerce
    • Healthy Start
    • League of Women Voters I don't see  LWV UW and Foundations as community organizations
    • United Way
    • Foundations
    • Labor organizations
    • Service organizations (Kiwanis, Rotary Club, Fraternity, Sororities)
    • Social justice and equity organizations (Urban League, Asian Cultural Center, etc.)
    • Faith-based organizations

     

    E) 20% at Discretion of the County Board of Supervisors and County Superintendent of Schools:

    • Representatives from Sections A, B, C, and D
    • Interested Residents

    Terms of Appointments

    A term for Steering Committee Membership is three years from appointment date. No Steering Committee member shall serve more than two consecutive terms. There is no limit on the number of terms that can be served.

    50% of the members must be appointed by the County Board of Supervisors and 50% by the Superintendent of Schools. The remaining one appointee must be agreed upon by the Board of Supervisors and Superintendent of Schools.

    Before making selections pursuant to this subdivision, the board of supervisors and the county superintendent of schools shall publicize their intention to select the members and shall invite local organizations to submit nominations. Prior to term openings, the Executive Committee will consider all submissions and solicit additional nominees and then select and recommend to the full Planning Council Steering Committee nominees for open categories. The full Steering Committee shall then vote on nominees to forward to the Board of Supervisors and County Superintendent of Schools for appointment to the Steering Committee.

    The Council shall comply with the system for new appointments, resignations, and replacements specified by the Alameda County Board of Supervisors and County Superintendent of Schools.

    Article III

    Officers

    The Chair Elect shall first serve one term as the Chair Elect, immediately followed by one term as the Chair. Terms of office shall be for 3-years beginning July 1st of each year. An officer shall serve no more than two consecutive terms. Notwithstanding any other provision herein, the current Chair and Chair Elect shall always serve as members of the Steering Committee. There is no limit on the number of terms that can be served. The out-going Chair will appoint a Nominating Committee to provide adequate time for the Nominating Committee to meet and select nominees to put forth as candidates for Chair Elect at the meeting immediately prior to the July meeting.

    Should the office of the Chairperson become vacant, the Chair Elect shall assume the office for the remainder of the outgoing Chairperson’s term. If the Chair-Elect becomes vacant, the Chair would appoint a Nominating Committee to fill the expired term of the vacated office. The vacancy will be filled by a majority vote of the Steering Committee.

    Article IV

    Duties of Officers

    The duties of the Chairperson shall be:

    1. To preside at all meetings of the Council.
    2. To call special meetings.
    3. To work with the staff of the Council to prepare an agenda for each meeting
    4. To see that members of the public have an opportunity to speak on agenda items at the appropriate time.
    5. To represent the Council at appropriate functions and events.
    6. To perform all other duties necessary or incidental to the office.

    In the absence of the Chairperson, or upon his or her inability to act, the Chair Elect shall take their place and perform the duties. Upon the absence or inability of both the Chairperson and Chair Elect to perform the duties of office, the remaining Council members shall appoint a member to act temporarily as Chairperson.

     

    Article V

    Conflict of Interest

    No member of the Steering Committee shall participate in a vote if he or she has a proprietary interest in the outcome of the matter being voted upon.

    Members shall give an initial written disclosure to the full Council of any personal, professional and agency ties which pose a conflict of interest and thereafter, annually. All designated appointees of this Council shall file statements within 30 days after the effective date of this bylaw.

    Alternative Conflict of Interest Policy

     

    Article VI

    Order of Business (Meetings)

    The order of business, ordinarily, shall be as follows:

    1. Roll Call of Steering Committee
    2. Public Input/Announcements
    3. Consent Calendar/Approval of Minutes
    4. Planning Council Business
    5. Communications and Correspondence
    6. Committee Reports

    Time will be allotted at each meeting for General Membership and public input/announcements. Each person addressing the Council shall identify himself/herself by name, address and (if any) the organization represented.

    Article VII

    Voting Requirements and Procedures

    Steering Committee members must be present in–person or by video during special circumstances, at meetings in order to vote and no proxies are to be recognized. However, correspondence germane to the Agenda from absent members may be read and considered as part of the discussion.

     

    Article VIII

    Regular Meeting of the Council

    The Planning Council meeting calendar will be set on an annual basis and approved by the Planning Council Steering Committee, including meeting places and times. The Council shall hold regular meetings at least bimonthly at a regularly designated place.

    All Planning Council meetings shall be open to the public and shall be advertised and conducted in accordance with the Ralph M. Brown Act, Government Code Sec. 54950.

     

    Article IX

    Temporary Meeting Places - Emergency

    In case of an emergency, the Council, by resolution, shall designate an alternate place to meet temporarily, specifying the time.

     

    Article X

    Agenda and Minutes of Meetings

    The Agenda of each meeting of the Council shall be delivered and/or posted on the LPC website, by electronic mail, to the members of the Steering Committee at least 72 hours before the time of the meeting.

    A copy of the minutes of the previous meeting of the Council will be delivered and/or posted on the LPC website by electronic mail 72 hours before the next meeting to each member of the Steering Committee. The agenda and prior meeting minutes will be posted on the LPC website 72 hours prior to Steering Committee meetings.

    Article XI

    Attendance at Meetings

    Steering Committee members shall be present at the hour appointed for each regular, special or recessed meeting of the Council. No person may be absent for more than three unexcused consecutive mandatory Steering Committee meetings. Upon review and recommendation of the Chair, Chair Elect and the Coordinator, the Board of Supervisors and the County Superintendent of Schools shall be advised of such absences so that Steering Committee Members' standing may be reconsidered.

    Article XII

    Quorum

    A quorum for the transaction of official business shall consist of a majority of the currently appointed Steering Committee, or for Executive Committee meetings, a majority of the Executive Committee members.

     

    Article XIII

    Committees/Non-Standing Committees

    Non-Standing Committees – REFER TO CHARTER FOR NON-STANDING COMMITTEES

     

    Executive Committee

    The Executive Committee shall be composed of the Chair, the Chair Elect, and the Chairs of committees. The Executive Committee will strive to have at least one representative from each of the five categories of the Steering Committee.

    The duties of the Executive Committee are to provide leadership, and policy recommendations to the Council, and to perform other duties as specified in these By-Laws. The Executive Committee and Coordinator ensures the Council is in compliance with its mandates. The Executive Committee shall have the authority to conduct the business of the Council between meetings of the membership. The Executive Committee shall be subject to the directives of the Council and none of its acts shall conflict with the action taken by the Council.

    The Executive Committee shall review the scope and purpose of committees at least annually and shall make recommendations to the Steering Committee regarding their continuation or elimination

     

    Article XIV

    Parliamentary Rules

    On any question or point of order not contained in these rules and regulations, the Council shall be governed in its parliamentary actions by Roberts' Rules of Order.

     

    Article XV

    Changes to and Suspension of Bylaws

    Changes/suspension to the Bylaws shall be by motion and shall require an affirmative recorded vote of a majority of the members of the LPC Steering Committee. When adopted, such changes/suspensions shall be recommended to the Alameda County Board of Supervisors and County Superintendent of Schools for their review and shall become effective upon approval.