Agenda 11-16-2021; 8-a - Minutes

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33 1 to come to the Board to discuss how they currently handle grievances and help craft a 2 reasonable way forward. 3 Commissioner Hamilton said she is concerned about making a decision too hastily and 4 echoed Commissioner Greene's idea to get input from the nonprofits about how it would impact 5 their service to residents. She said she also thinks it is a good thing for the public to come to 6 BOCC with these issues so it hears about how things are going and can hold agencies 7 accountable. She said she is not ready to vote on this petition. 8 Commissioner Fowler said she also needs more information before a vote. She said 9 she wants to know if there is currently an opportunity for any public comment, what are 10 grievance procedures, how the policy would affect them if there are none already in place, etc. 11 She said she wants to know if such a process would be helpful. 12 Chair Price said this petition came as a result of a nonprofit that did not have a 13 mechanism in place for public comment. 14 Commissioner Bedford said the issue with exempting groups with sensitive topics is that 15 sensitivity fluctuates, so it would not be consistent and difficult to put in writing. She said 16 considering agencies that have direct recipients and looking at existing grievance procedure 17 would be helpful. She said there is a Sheriff present at BOCC meetings, which provides a layer 18 of safety. She said this petition could create a safety and logistical burden on these non-profits, 19 but also understands the logic behind receiving county funding should equate to ensuring the 20 opportunity for public comment. She said this type of issue has not often been raised, and 21 wonders if creating a policy over one instance is going to be a burden to other funded agencies. 22 She said perhaps the Board should suggest this one organization that is having issues go to 23 mediation, or create a grievance process. She said it is definitely worth talking to this agency. 24 Commissioner Richards said she has a couple of concerns. She said when contracting 25 with nonprofits, the county is empowering them to act on its behalf and expects them to deliver 26 service with same values as the county, including honoring people and communication. She 27 said she struggled with the idea that people do not have the right to come and speak to a 28 nonprofit, because that does not reflect the county's values and practices. She said this all 29 speaks to the county's expectation of the agencies it funds, and how those agencies act with 30 residents of Orange County. 31 Commissioner McKee said he will not make a huge fuss over this issue, but he is 32 dedicated to the notion that any entity that is spending tax money, they are obligated to hear 33 public input. He said this circumstance is not a one-off. He said has attempted to address this 34 issue without making it a public issue, and even tried to attend a meeting himself and was told 35 he could not speak. He said this is important enough to him that he will not let it loose. 36 Chair Price said she has been a part of non-profits, and some are very open to allowing 37 guests to speak while others are more closed. She said the idea that non-profits would need to 38 have a Sheriff's deputy there, etc. is going beyond the issue of this proposal. She said she 39 doubts there would be issues of public safety, but she could be wrong. She said she sees the 40 value in looking at a sampling of organizations to see how they handle the public, if at all. She 41 said if this petition is not approved tonight, maybe there is another way the Board can hold 42 organizations accountable when receiving public money. She said something needs to be 43 done. 44 Commissioner Bedford said some of these boards could have very controversial 45 members of the public show up to make a point. 46 47 A motion was made by Commissioner McKee, seconded by Commissioner Richards, to 48 direct the County Attorney to bring to a future work session, the wording of a possible provision 49 in performance agreements requiring that non-profit organizations receiving funds through the 50 County's Outside Agencies Appropriation provide the opportunity for public comment at regular