APFROVED BY THE BOARD OF^UPERVISOHS

OF SANTA CLARA COi .V—i!2JL2_!2§ZDONALD

Clerk of the Board

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Prepared b>;
Reviewed by:
Submitted by:

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By.

Deputy CiorH

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Alice K. O'Nei

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Beverly Mile
Phyllis Perez

TRANSMITTAL MEMORANDUM
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BOARDS AND COMMISSIONS

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DATE:

October 22, 1987

TO:

BOARD OF SUPERVISORS

FROM:

SANTA CLARA COUNTY YOUTH COMMISSION

SUBJECT: YOUTH COMMISSION BY-LAWS REVISION
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A.

RECOMMENDED ACTION

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Adopt revised By-Laws of the Santa Clara County Youth Commission.

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B.

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FISCAL IMPLICATIONS
None.

C.

REASONS FOR RECOMMENDATION

The Youth Commission By-Laws were revised to clarify uncertain language
and to reflect current procedures.
The following changes were made:
1) the order of business at Commission meetings is stated in the revised
By-Laws; 2) the specific circumstances under which action may be taken on
items not posted on the agenda is set forth; 3) the rule requiring
concurrence of a majority of the entire membership for action of the

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Commission is stated; and 4) a limitation that no member shall serve in

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the same office for more than two consecutive years is added. Change 4
was added because Commissioners were preparing to elect a Chairperson and
Vice-Chairperson and the existing By-Laws were
unclear regarding
re-election of existing officers.

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D.

BACKGROUND

The Youth Commission recently consulted the existing By-Laws to ascertain
whether the Chairperson and Vice-Chairperson could serve another term of
office. At this time the language of the Youth Commission By-Laws was

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found to be unclear.

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An informal committee of Youth Commissioners visited

County Counsel for the purpose of amending the existing By-Laws.

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By-Laws
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were

drafted

and

approved

Revised

by the Youth Commission and County

Counsel.

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E.

CONSEQUENCES OF NEGATIVE ACTION

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The language of the By-Laws would remain unclear and confuse present and
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future Commission members.

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F.

SUPPORTING MATERIAL ATTACHED

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Copy of the original By-Laws and copy of the revised By-Laws.
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STEPS FOLLOWING APPROVAL

irjginal

to the Documents Library with copies to the Clerk, Board of

ii&ervisors and to the Secretary of the Youth Commission.

R <s.u I s e JL
BY-LAWS

SANTA CLARA COUNTY YOUTH COMMISSION

ARTICLE 1.
Name

Section 1.

The name of this organization is the Santa Clara

County Youth Commission (hereinafter referred to as
"the Commission").

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ARTICLE 2.

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Membership
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Section 1.

The membership of the Commission shall be composed
and the members appointed in the manner prescribed by
County Ordinance No. NS 300.212, Section A6-81.

Section

The members of the commission shall be appointed for

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2.

three

years.

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Section

3.

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A vacancy shall exist if a member misses three
consecutive regular commission meetings without an
excuse,

In such cases,

the recommending or

nominating jurisdiction shall be notified and

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Notice of suc h
requested to nominate a replacement,
nomination shall be made in writing to the Chair of
the Board of Supervisors.

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ARTICLE

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3.

Purpose

Section

1.

The purposes of the commission are:
To consult and advise the Board of Supervisors
(a)
in youth-oriented areas such as, but not limited to.
education, career preparation, recreation, legal
rights, crisis intervention centers, health
education,

youth input in government, the juvenile

justice system, employment programs,
communication systems for youth.

and

ADOPTED BY THE BOARD OF SUPERVISORS

OF SANTA CLARA COUNTY

NOV 3

iQP?

DONALD M. rains, CLERK OF THE BOARD
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By
Deputy Clerk

NOV ^ 3 1987

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(b) To appoint ex-officio representatives to work as
a liason with County organizations and agencies that
directly affect youth,

(c) To appoint an ex-officio, non-voting
representative to cooperate and communicate ideas in
the overlying areas concerning youth to the Juvenile
Justice and Delinquency Prevention Commission. Child
Advocacy and Delinquency Prevention Commission and
the Human Relations Commission.

(d) To consult and cooperate with local youth
commissions and other public and private
organizations, agencies and businesses,

(e)

To conduct public hearings within the scope and

function of the commission.
(f) To render to the Board of Supervisors, at least
once each calendar year. a report of its activities.
(g)

To recommend to the Board of Supervisors

necessary procedures, programs or legislation to
promote the concerns of youth.

(h) Subject to the approval of the County Executive,
to request of any County department information,
services, facilities, and any other assistance for

the purposes of furthering the objectives of the
commission.

ARTICLE 4.

Organization

Section 1.

The officers of this commission shall be a

Chairperson and a Vice Chairperson, both of whom
shall be members of the Commission,

The officers

shall be elected as soon as practicable, following
the first day of July each year,

Officers elected

pursuant to Section 506 of the County Charter shall
hold office for one year until re-elected or their
No membe r
successors are elected and assume office,
shall serve in the same office for more than two

consecutive years.

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Section 2.

Regular meetings of the Commission shall be held on
the fourth Monday of each month at 7:00 p.m. in the
County Government Center, or as otherwise

designated. In the event that a regular meeting day
falls on a holiday, the following Monday becomes the
Commission's regular meeting time.

Section 3.

No less than seven calendar days before each regular

meeting of the Commission the Chairperson or
Secretary shall ma'il a copy of the agenda and support
material for that meeting to each member of the
commission. No action shall be taken on any item not
appearing on the posted agenda. However, the

Commission may take action on items of business not
appearing on the posted agenda under any of the
following conditions:

(a) Upon a determination by a majority vote that an
emergency situation exists, as defined by Government
Code §54956.5.

(b)

Upon a determination by a two-thirds vote of the

Commission, or, if less than two thirds of the

members are present, a unanimous vote of those
members present, that the need to take action arose
subsequent to the posting of the agenda as required
by Government Code Section 54954.2(a).
(c) The item was posted pursuant to Government Code
§54954.2(a) for a prior meeting of the Commission
occurring not more than five calendar days prior to
the date action is taken on the item, and at the

prior meeting the item was continued to the meeting
at which action is being taken.

Section 4.

Proper public notice is to be given for all meetings
and adjourned meetings.

Section 5.

Special meetings of the Commission may be called by
the Chairperson, or by a majority of the membership,
at any time by giving proper public notice. Only
announced agenda items may be considered at a special
meeting.

Section 6.

Any regular or special meeting may be adjourned for
cause, in good faith, when necessary for the
expeditious transaction of business.

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Section 7.

Majority of the members shall constitute a quorum for
the purpose of conducting its business and exercising
its powers for all other purposes.

No action of the

Commission shall be valid unless at least a majority
of the entire membership concurs therein.

Section 8.

The voting on all matters may be by voice vote,
except that the election of officers (excluding those
elected pro tempore) shall be by secret ballot, and
providing that a foil call vote may be called at the
direction of the Chairperson or upon request by any
member of the Commission.

A roll call vote shall be

recorded showing those voting Aye. No, Abstain, or
No member shall be permitted to vote on a
question unless present, Proxies shall not be
permitted.
Absent.

Section 9.

The order of business at all meetings of the
Commission shall be as follows:

2.

Call to Order
Roll Call

3.

Approval of Minutes

1.

4.

Correspondence

5.

Chairperson's Report

6.

Public Presentations

7.

8.

Old Business
New Business

9.

Announcements

10. Miscellaneous

11. Adjournment

Section 10.

Meetings shall be conducted in accordance with
Roberts Rules of Order except where preempted by
these rules, the County Charter, or Sections A6-80

through A6-86 of the County Ordinance Code.
Section 11.

The Chairperson shall preside at all meetings of the
Commission.

He/She shall sign all resolutions and

other instruments made or promulgated by the

Commission and shall perform such other duties as the
Commission may prescribe, The Chairperson shall have
the right to appoint sub-committees, He/she shall be
an

ex-officio member of all sub-committees.

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Section 12.

The Vice Chairperson shall perform the duties of the
Chairperson in the absence or incapacity of the
Chairperson; and in case of the resignation or death
of the Chairperson, the Vice Chairperson shall

perform such duties until such time as a new
Chairperson is elected by the Commission.
Section 13.

Should the office of Chairperson or Vice Chairperson
become vacant during the term of such office, the
Commission shall elect a successor from its

membership at the earliest meeting at which such
election would be practicable, and such election
shall be for the unexpired term of such office.
Section 14.

In the event the Chairperson or the Vice Chairperson
are both absent from a meeting, the Commission may
elect a Chairperson Pro Tempore to preside over the
meeting.

Section 15.

Discussion of any particular matter by either
Commission members or by any member of the general
public may be limited. at the discretion of the
Chairperson, to such length of time as the

Chairperson may deem reasonable under the
circumstances.

Section 16.

From time to time special purpose sub-committees may

be created for limited terms to perform functions
which cannot, in the judgment of the Commission, be

performed at a regular meeting.

Resource persons not

members of the Commission may be included in
sub-committees.

At least three members and not more

than five members of the Commission shall serve on
each ad hoc sub-committee. The authority of
decisions as to

ad hoc sub-committee reports to the

Commission rests entirely with those sub-committee

members who are also members of the Commission.
However, dissenting opinions may be submitted, No
action or recommendation of any ad hoc sub-committee

is representative or binding on the Commission as a

whole until voted on in regular session and passed by
a majority.

Section 17.

The Clerk of the Board of Supervisors shall be
ex-officio secretary of the Commission and shall be

responsible for providing secretarial assistance to
the Commission.

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SANTA CLARA COUNTY YOUTH COMMISSION
BYLAWS

1.

ESTABLISHMENT OF COMMISSION

The Santa Clara County Youth Commission was established by Ordinance

No. NS 300.212 dated July 8, 1975 to encourage the participation of youth

in the governmental process, especially in those areas which directly
affect youth.

It has the authority to initiate studies and investigations, deyelop
and recommend programs,

disseminate information, seek to resolve complaints,

hold public hearings, and to take other actions to accomplish its purposes.
It is the official body to which the Board of Supervisors

will refer for

study and recommendation matters relating to youth.

2.

MEMBERSHIP

(a)

The Commission consists of fifteen (15) members allocated equally

among the five (5) supervisorial districts and nominated and appointed
pursuant to sections A5-37 and A5-38.

Ten (10) of the fifteen (15)

members of the Commission shall be under twenty-one (21) years of age at
the time of appointment to the Commission,
shall be over twenty-one (21) years of age.

The remaining five (5) members
The composition of the

Commission shall try to achieve a representative cross

section of the

population of the county as to sex, race and economic background,
(b)
more

A vacancy shall exist whenever a Commissioner

fails to attend

than three (3) consecutive regular meetings of the Commission without

good cause entered on the minutes.

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{c)

The resignation of a Commissioner shall be in writing and shall

be filed with the Clerk of the Board of Supervisors.
(d)

Before any Commissioner enters on the duties of his or her

office, he or she shall take the oath of office as required by Article XX,
Section 3, of the California Constitution.

A certified copy of the oath

shall be filed in the office of the County Clerk.

3.

ELECTION OF OFFICERS - POWERS AND DUTIES
(a)

The officers of the Commission shall be a Chairperson and a Vice-

Chairperson.

These officers shall be elected from the membership of the

Commission at the first regular Commission meeting in July.

They shall

hold office for one year until re-elected or their successors are elected.
No member shall serve in the same office for more than one consecutive year

but Commissioners may serve as officers for two years of their three year
terms.

(b)

The Chairperson, when present, shall preside at all meetings of

the Commission, shall sign all resolutions, reports and other documents

adopted by the Commission and shall make appointments to authorized
committees of the Commission.

All appointments shall be ratified by the

Commission.

(c)

The Vice-Chairperson shall have all the powers and duties of

the Chairperson during the absence, or inability to act, of the Chairperson.
In the absence of the Chairperson or Vice-Chairperson, the remaining
members shall appoint one of their members to act as Chairperson Pro
Tempore.
(d)

When the office of Chairperson becomes vacant during the term

of such office, the Vice-Chairperson shall becoine Chairperson and the
Commission shall elect a successor for Vice-Chairperson from its membership

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at the earliest meeting at which such an election is practicable.

Such

election shall be for the unexpired term of such office.
(e)

Election of officers shall be conducted by secret ballot.

election of each office shall be conducted separately,

The

The Chairperson

shall open nominations and each nomination for office shall require a
second.

There will be no limit as to the number of nominees.

Upon motion.

subject to Robert's Rules of Order, the Chairperson shall close the nomi

nations, whereupon each nominee shall be given a maximum of five minutes
for an election speech.

Each nominee has the option to have another

Commissioner speak in their behalf,

Election to office shall require a

majority (fifty-one per cent) of the Commission or at least eight votes.
In the event of a tie, the two nominees with the most votes shall have a
run-off election if their votes total at least a majority of the Commission
(eight votes).

If the total of the votes of the two leading contenders

do not total at least eight votes, a run-off shall take place and all

original nominees shall be included and each candidate or designee shall
have an additional minute to promote his/her candidacy.

In the event of a

tie for second place, a run-off shall be held between the top three
contenders.

4.

MEETINGS OF THE COMMISSION

(a)

All meetings of the Commission shall be open to the public.

The Commission shall hold regular monthly meetings with notice to be posted
for the public in a conspicuous place,

(b)

Special meetings of the Commission may be called by order of

the Chairperson, or by three or more of the members of the Commission, by
delivering personally or by mail written notice to each member of the
Commission and to each local newspaper of general circulation, radio or

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television station requesting notice in writing.

Such notice must be

delivered personally or by mail at least twenty-four hours before the
time of such meeting as specified therein.

The notice shall specify the

time and place of the special meeting and the business to be transacted
thereat. and no other business shall be considered at such meeting.

5.

QUORUM - VOTES REQUIRED

(a)

The presence of a majority of the members of the Commission shall

constitute a quorum.
(b)

When a quorum is present, the adoption of any motion shall require

the concurrence of a majority of the membership.
(c)

No member shall be permitted to vote on a question unless present.

Proxies shall not be permitted.

6.

COMMISSION

AGENDA

The Chairperson shall prepare the agenda for the Commission.

Com

missioners placing items on the agenda of any regular meeting shall file
them with the Secretary of the Commission by noon Monday the week before
the scheduled meeting.

7.

COMMITTEES

The members of a committee created by the Commission shall be appointed
by the Chairperson.

Any committee shall be composed only of Commission

members, and no committee shall consist of less than three (3) or more than
five (5) members.

8.

PUBLIC HEARINGS

Unless otherwise ordered by the Commission, public hearings shall be
held at the times and in the place set for regular meetings of the Commission.
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Notice of such hearings shall be given personally or by mail to the parties

in interest at least forty-eight (48) hours in advance thereof,

Within

the discretion of the Coimnission, a continuance of a hearing and an exten

sion of time to appear may be granted upon the request of a party or of a
necessary witness.

9.

AMENDMENTS TO BYLAWS

(a)

These Bylaws may be amended at any meeting of the Commission

provided written notice has been given to each Commissioner at least seven
(7) calendar days prior to the meeting,

The notice shall identify the

section or sections of the Bylaws proposed to be amended and shall set
forth the text of said section or sections as proposed to be amended.

If

the proposed amendment consists of the addition of one or more sections,
the complete text thereof shall be set forth in the notice,

Any proposed

amendment may be further amended at such meeting without further notice
and thereafter adopted at such meeting as modified.
(b)

Amendments of the Bylaws shall require the affirmative vote of

a two-thirds majority of the members of the Commission and approval of the
Board of Supervisors.

10.

RULES OF ORDER

Except as provided in these Bylaws, meetings, hearings and other
business of the Commission shall be conducted in accordance with Robert's

Rules of Order, latest edition.

ADOPTED BY THE SANTA CLARA COUNTY YOUTH COMMISSION - February 23, 1976.

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SANTA CLARA

COUNTY YOUTH COMMISSION

BYLAWS

PROVISO

1.

MEMBERSHIP

The terms of the first appointees shall be staggered so that
the terms of five (5) Commissioners shall expire on July 1, 1976,

five (5) shall expire on July 1, 1977, and five (5) shall expire on
July 1, 1978.

2.

ELECTION OF OFFICERS - POWERS AND DUTIES

The first officers may be elected prior to July 1, 1976 and
shall serve until the first regular meeting after July 1, 1977.

ADOPTED BY THE SANTA CLARA COUNTY YOUTH COMMISSION - February 23, 1976.

TUESDAY, JANUARY 14, 1997

Supervisor Beall concludes by speaking of efforts to maintain the
County's credit rating and financial position through fiscal restraint
and hard work.

On Board consensus

it is ordered that the meeting be adjourned in

honor and memory of Ed Lewis

longtime Alum Rock School District

<SC> educator and administrator; and, that a letter of condolence be
forwarded to the Lewis family.

On order of the Chairperson, there being no objection, the meeting
is adjourned at 11:57 a.m. to an open session on Monday, January 27,

1997 at 1:30 p.m., in the Tenth Floor Conference Room

County Government

Center, 70 West Bedding Street, San Jose, to publicly announce the
issues

to be discussed in closed session, subsequently adjourning to

said closed session.

James T. Beall, Jr., Chairperson
Board of Supervisors

ATTEST:

PHYLLIS PEREZ, Clerk

Board of Supervisors

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