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SectionUpdates made (2024)Original (2014) CommentsNotes2.04 (d)Call, Notice and Conduct of Meetings: All meetings of the legislative body of the ESC shall be noticed and held in accordance with the provisions of the Brown Act. As soon as practicable, but no later than the time of posting, the Secretary shall provide notice and the agenda to each Member Agency. Any Member Agency may request that an item be considered for placement on the Agenda by submitting the request to the DEM Director.[3.04c] Call, Notice and Conduct of Meetings: All meetings of the Council, including without limitation, regular, adjourned regular and special meetings, shall be noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act, California Government Code section 54950 et seq. As soon as practicable, but no later than the time of posting, the Secretary shall provide notice and the agenda to each Member Agency. Any Member Agency may request that an item be considered for placement on the Agenda by submitting the request to the Director of Emergency Services. Item d should be moved to be item b, and current item b demoted to d. Rephrased for clarity and updated from Emergency Services to DEM2.05The Secretary of the Organization shall cause to be kept a digital recording of each meeting, which shall be posted on the DEM Website. The Secretary will create brief summary written minutes for approval by the ESC. Once the minutes have been approved by the ESC, the minutes will be posted on the DEM website.[3.05] The Secretary of the Organization shall cause to be kept a digital recording of each meeting, whichshall be posted on the SMC OES Website. The Secretary will create brief summary written minutes for approval by the Council. Not really written in a complete sentence.Clarity in language2.06All power of the Organization shall reside with the ESC. Each Member Agency shall have one vote. A Member Agency’s alternate representative may participate and vote in the proceedings of the ESC only in the absence of that Member Agency’s regular representative. No absentee ballot is permitted.All power of the Organization shall reside with the Council. Each Member Agency shall have one vote. A Member Agency’s alternate representative may participate and vote in the proceedings of the Council only in the absence of that Member Agency’s regular representative. No absentee ballot or proxy voting is permitted.What happens in the event of a tie? Does the Chair vote, or are they following the general practices of Robert's Rules of Order for large body meetings where the Chair only votes in case of a tie? How are motions made? Do they require a second?A lot of things in this section could be shortened and addressed by stating early on that they will use the Brown Act as well as Robert's Rules of Order.2.07A quorum of the ESC is a majority of the representatives of the Member Agencies of the Organization. If the number of Member Agencies is an even number, a majority is fifty percent of the Member Agencies, plus one. The ESC may not take any substantive action without a majority of the Member Agencies voting to take that action. Action on non-substantive procedural matters may be taken by a majority of a quorum.[3.07] A quorum of the Council is a majority of the representatives of the Member Agencies of the Organization. If the number of Member Agencies is an even number, a majority is fifty percent of the Member Agencies, plus one. The Council may not take any substantive action without a majority of the Member Agencies voting to take that action. Action on non-substantive procedural matters may be taken by a majority of a quorum. This is no different tyhan voting. I think they meant that the vote could be a majority of members present if there is no quorum for non-substantive matters?Clarity in language3.01Treasurer Should address the role of Secretary here in this section as well. I assume it would not be a combined secretary and treasurer.3.02Auditor and Financial Acountability This should be moved to be item 3.01.3.02Although the Organization is a JPA the State Controller's Office (SCO) has determined that the Organization meets the criteria of a special district for financial reporting purposes under Government Code section 12463, subdivision (d)(2). Government Code section 53891 requires the Organization to furnish to the SCO a report of all the financial transactions of the Organization during the preceding fiscal year. The report shall contain underlying data from audited financial statements prepared in accordance with generally accepted accounting principles, if this data is available. The report shall be furnished within seven months after the close of each fiscal year or within the time prescribed by the SCO, whichever is later, and shall be in the form and manner required by the SCO. The Organization shall submit to the SCO information on annual compensation, as described in subdivision (l) of Section 53892, for the previous calendar year no later than April 30th. Pursuant to Government Code section 12464, if the reports are not completed in the time, form, and manner required or there is reason to believe that a report is false, incomplete, or incorrect, the SCO is authorized to proceed with an investigation to obtain the information required. Any costs incurred by the SCO shall be borne by the Organization. Government Code section 26909 also requires that an audit be completed and filed with the SCO within 12 months after the close of the fiscal year under examination. Unless the ESC votes to appoint an independent auditor, audits will be conducted in accordance with existing County policy, and by the auditor selected by the Office of the County Executive or the Controller. In the event that the ESC selects an independent auditor, the full cost of the audit will be the responsibility of the Organization. The Auditor shall perform the functions of auditor for the Organization and shall make or cause an independent annual audit of the accounts and records of the Organization by a certified public accountant, in compliance with the requirements of applicable laws and generally accepted auditing standards. [4.03] The Organization will ensure financial accountability as required by Section 6505 of the Government Code. The Organization will ensure that audits are conducted as required by that Section. Unless the Council votes to appoint a separate auditor, audits will be conducted by auditor selected to conduct the audit of the Sheriff’s Office. In the event that the Council selects a separate auditor, the full cost of the audit will be the responsibility of the Organization. The Auditor shall perform the functions of auditor for the Organization and shall make or cause an independent annual audit of the accounts and records of the Organization by a certified public accountant, in compliance with the requirements of the Joint Exercise of Powers Act and generally accepted auditing standards. For purposes of Government Code section 12463, subdivision (d)(2), the Organization is a special district for financial reporting purposes as determined by the State Controller's Office (SCO).a) The Treasurer of the Organization shall furnish a report of all the financial transactions of the Organization during the preceding fiscal year1) The report shall contain underlying data from audited financial statements prepared in accordance with generally accepted accounting principles, if this data is available2) The report shall be furnished within seven months after the close of each fiscal year or within the time prescribed by the SCO, whichever is later, and shall be in the form and manner required by the SCO3) The Organization shall submit to the SCO information on annual compensation, as described in subdivision (l) of Section 53892, for the previous calendar year no later than April 30th4) Pursuant to Government Code section 12464, if the reports are not completed in the time, form, and manner required or there is reason to believe that a report is false, incomplete, or incorrect, the SCO is authorized to proceed with an investigation to obtain the information required.5) Any costs incurred by the SCO shall be borne by the OrganizationCannot be removed per State ControllerPage 46.D. - Page 24 of 44144
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