Commission Bylaws

ARTICLE I. NAME

The name of this organization is the RECYCLING AND WASTE REDUCTION COMMISSION OF SANTA CLARA COUNTY, which may be abbreviated as “RWRC”. The organization may also be referred to as the AB 939 Local Task Force for Santa Clara County, which may be shortened to “Local Task Force”, or “LTF."

ARTICLE II. PURPOSE

The purpose of the RECYCLING AND WASTE REDUCTION COMMISSION OF SANTA CLARA COUNTY is:

1. To serve as the principal advisory body to city councils and the Board of Supervisors on countywide solid waste planning issues and the Countywide Integrated Waste Management Plan;
2. To provide for balanced consideration and representation of the viewpoints, problems, and issues regarding solid waste management in different areas of the county; provide countywide involvement in the solid waste management planning process; and identify and recommend solutions to solid waste management problems requiring joint jurisdictional action.
3. To make recommendations to regional agencies whose jurisdiction includes Santa Clara County on solid waste management issues - such recommendations are to be transmitted via the Board of Supervisors of the county.
4. To provide a forum for decision making, coordination among local jurisdictions, and mutual assistance in development of specific projects to meet local solid waste management needs.
5. To carry out the responsibilities in waste management planning which are mandated by State law under the Integrated Waste Management Act of 1989 and other legislation and regulations;
6. To identify goals, policies, and procedures that will aid local jurisdictions in meeting solid waste reduction and recycling goals; review and provide written comments on local Source Reduction and Recycling Elements; and assist local jurisdictions in the implementation of those elements.
7. To sponsor countywide public outreach activities, services, and programs, and participate in regional cooperative activities.

ARTICLE III. MEMBERSHIP

The Commission shall be composed of ten (10) members. All members may serve on subcommittees and/or ad hoc task forces. The members and their designated alternates shall be elected officials, except in the case of the Santa Clara Valley Water District, where the member may be either an elected or appointed member of the Board of Directors. The members shall be appointed by the following public agencies or organizations:

Membership

1. One (1) County Supervisor appointed by the Board of Supervisors of Santa Clara County.
2. One (1) city councilmember appointed by the City Council of the City of San Jose.
3. One (1) city councilmember from one of the following cities:
   Cupertino, Los Altos, or Los Altos Hills to represent North County Cities.
4. One (1) city councilmember from one of the following cities:
   Milpitas or Santa Clara to represent Central County Cities.
5. One (1) city councilmember from one of the following cities:
   Campbell, Los Gatos, Monte Sereno, or Saratoga to represent West Valley Cities.
6. One (1) city councilmember from one of the following cities: Mountain View, Palo Alto, or Sunnyvale to represent SMaRT Station Cities.
7. One (1) city councilmember from one of the following cities:
   Gilroy or Morgan Hill to represent South County Cities.
8. Two (2) city councilmembers to serve as members-at-large. The Members-at-large shall be drawn from any city that does not already have a representative on the Commission.
9. One (1) director appointed by the Board of Directors of the Santa Clara Valley Water District.

Alternates

Each Commission member may designate from among the elected officials of its council, board, or eligible cities an alternate representative to serve in the absence of the regular member. Alternates may serve on subcommittees, and/or ad hoc task forces.

Term of Office

1. Except for the term of office of the initial members of the Commission, the term of office of each Commission member shall be six (6) years, and the number of terms shall be limited to two (2) terms. The term of office of the members first appointed to the Commission shall be deemed to have commenced on July 1, 1992.
2. The initial members of the Commission shall classify themselves by lot so the initial term of office of one (1) member shall be one (1) year, of one (1) member is two (2) years, of one (1) member is three (3) years, of two (2) members is four (4) years, of two (2) members is five (5) years, of two (2) members is six (6) years.
3. Each member of the Commission shall serve at the pleasure of the appointing authority, provided, however, that membership shall automatically terminate upon termination of the member's incumbency in elected or appointed office.
4. Attendance by Commission members at all Commission meetings is vital to the proper functioning of the Commission. Three (3) consecutive absences are sufficient grounds to warrant the Chairperson to request a replacement.

Vacancies

1. A vacancy shall exist whenever a member ceases to hold elected or appointed office on the public agency from which that person was appointed, whenever the term of office expires, or whenever a member resigns from his/her position on the Commission.
2. When a vacancy occurs for a representative of the County, the City of San Jose, or the Water District, the Chairperson shall, by letter, request that the eligible agency appoint a new member from that organization.
3. When a vacancy occurs for one of the other representatives, the Chairperson shall, by letter, request that the Santa Clara County Cities Association make an appointment to the vacant position from among the city councils of the eligible cities.

Officers

1. The officers of this organization shall be the Chairperson and Vice-Chairperson who shall be elected by the Commission at the first meeting following July 1 of each year and shall serve at the pleasure of the Commission.
2. The Chairperson shall preside at meetings of the Commission, call special meetings where necessary, and perform other duties customarily performed by a chairperson.
3. The Vice-Chairperson shall serve in the absence, inability, or unwillingness of the Chairperson to act. In the absence of the Chairperson and Vice-Chairperson, the Commission members shall appoint one of the members to act as Chairperson pro tempore. When the office of Chairperson or Vice-Chairperson becomes vacant, the Commission shall elect a successor at the earliest meeting practicable.

ARTICLE IV. MEETINGS / AGENDA

1. The Commission shall meet bi-monthly, on the fourth Wednesday of every second month at 5:15 PM. The Commission shall establish a meeting calendar at the first meeting of each year. Special meetings of the Commission may be called by the Chairperson or by any three (3) members.
2. The Chairperson shall provide every member of the Commission with seven (7) days written notice of regular or special Commission meetings.
3. Requests for items to be placed on any Commission meeting agenda shall be submitted ten (10) working days in advance of the meeting.
4. The agenda for each meeting shall be developed by staff to the Commission and shall include items requested by any member of the Commission, by the Recycling and Waste Reduction Technical Advisory Committee, by city councils and city managers, by the Board of Supervisors, and by staff. Items suggested by others may be placed on the agenda or may be referred to staff or committee for review and/or analysis. Questions about the appropriateness or timing of an agenda item shall be resolved by the Chairperson or Vice-Chairperson.

ARTICLE V. CONDUCT OF BUSINESS

Voting

Six (6) members shall constitute a quorum of the Commission. Actions of the Commission shall be taken by majority vote.

Subcommittees

Subcommittees may be appointed by the Chairperson, as the Chairperson deems necessary to carry out the work of the Commission. The Chairperson shall be an ex-officio member of all subcommittees. Subcommittees may be composed of representatives of public agencies, private volunteer groups and public members, but members of the Commission must make up a majority of any subcommittee.

Reporting

The Commission shall report to the Cities Association and the Board of Supervisors. Upon a vote of the Commission, the Commission may provide information and/or recommendations directly to city councils.

The Commission shall adopt program and policy recommendations to be made to the Cities Association, City Councils, and the Board of Supervisors. The Commission shall advise the Board of Supervisors and city councils on matters of intergovernmental concern which include reviewing and recommending policies and procedures related to solid waste management planning as listed in Article II, above. In addition, members shall periodically report to their councils or boards, the Intergovernmental Council, and other local and regional agencies in order to inform other elected officials of solid waste management issues.

Staff Responsibilities

Staff shall:

1. Prepare and distribute agendas, agenda packets, summary minutes, reports, recommendations, and other materials;
2. Inform the Commission of solid waste issues and Commission responsibilities under State laws and regulations;
3. Act as the designated agent for the Recycling and Waste Reduction Commission, as requested;
4. Forward recommendations and decisions of the Commission to the appropriate agencies and jurisdictions, and perform follow up actions, as necessary.

Recycling and Waste Reduction Technical Advisory Committee

1. The Recycling and Waste Reduction Commission shall be advised by a Recycling and Waste Reduction Technical Advisory Committee (TAC). TAC voting membership shall include:
   1. One (1) representative from each local city;
   2. Three (3) representatives of the County;
   3. One (1) representative of the Santa Clara Valley Water District;
   4. In addition, the Recycling and Waste Reduction Commission shall designate other organizations eligible to provide voting members to the TAC. Membership from other organizations shall be drawn from solid waste management representatives from the private sector, representatives of community organizations, and other organizations which have an expressed interest in solid waste management, however no member or members shall represent a single for-profit company. The Recycling and Waste Reduction Commission may add or remove voting memberships for such organizations.
2. Each member of TAC shall serve at the pleasure of the appointing organization; terms of membership shall not be limited as long as the member remains the official designee of the eligible public agency or other organization.
3. The purpose of TAC is:

   1. To advise the Recycling and Waste Reduction Commission on technical aspects of
      solid waste management and policy;

   2. To bring together a wide spectrum of viewpoints and expertise to focus on countywide solid waste management and issues affecting individual communities;

   3. To assist in development of policies, programs, and revisions and amendments to countywide plans which can meet countywide needs and thus receive countywide approval;

   4. To provide a forum for exchange of solid waste management information;

   5. To inform their respective agencies and jurisdictions of issues and recommendations of TAC and the RWRC, and perform follow up actions, as necessary.

4. TAC shall perform technical review to provide the Commission with the following information:
   1. Feasibility of technical proposals;
   2. Policies to achieve countywide objectives;
   3. Input regarding countywide consensus on solid waste issues;
   4. Information on general issues and specific problems in solid waste management;
   5. Recommendations regarding proposed and/or needed state legislation.

Robert's Rules of Order

Wherever these bylaws are silent with respect to procedure, Robert's Rules of Order shall apply.

Amendments

Amendments to these bylaws shall be by a two-thirds (2/3) vote of the entire membership following at least seven (7) days written notice of any proposed amendment.

Approved October 24, 2001
Amended September 27, 2011