HomeMy WebLinkAbout06.a. Consider setting public hearing to review Board Member compensationCentral Contra Costa Sanitary District
I
BOARD OF DIRECTORS K. Q
POSITION PAPER
Board Meeting Date: February 2, 2012
Subject: CONSIDERATION OF SETTING A PUBIC HEARING TO REVIEW
BOARD MEMBER COMPENSATION AND BENEFITS AND
ESTABLISHMENT OF ANNUAL PUBLIC REVIEW
Submitted By Initiating Dept. /Div.:
Elaine R. Boehme Administration
Secretary of the District
REVIEWED AND RECOMMENDED FOR BOARD ACTT :
001 44k
G
Elaine R. Boehme Rapdy M graves Kent Alm, Esq. James M. elly
Secretary of the District Dir for of District Counsel General Ni Hager
Administration
ISSUE: Consider how to address the District's response to Grand Jury Report No.
1104, agreeing to review Board Member compensation and benefits and establish an
annual public review.
RECOMMENDATION: Set a public hearing to review Board Member compensation
and benefits and to consider adopting a resolution establishing an annual public review.
Determine whether to set the public hearing for an upcoming Board meeting, or to set it
to coincide with the annual budget public hearing.
FINANCIAL IMPACTS: None.
ALTERNATIVES /CONSIDERATIONS: The Board has committed to holding an annual
public review of its compensation and benefits. This may be done by public hearing, or
some other manner on a Board agenda. The Board may also choose not to adopt a
resolution formalizing the annual public review.
BACKGROUND: In April, 2011, the Contra Costa Grand Jury Report No. 1104 contained
Recommendations #1 and #3 that all Cities and Special Districts conduct an annual public
review of compensation and benefits provided to their respective Councils and Boards,
and whether changes are warranted. The District responded that the Recommendations
will be implemented (ATTACHMENT A).
Staff conducted a survey of other local agencies, requesting information regarding Board
Member meeting stipend, health and dental benefits, pension, deferred compensation
and other factors in the Grand Jury Recommendation (ATTACHMENT B). Also attached
is a chart comparing the Board's meeting stipend in relation to others (ATTACHMENT C).
At its meeting on January 9, 2012 the Budget and Finance Committee reviewed options
for addressing the annual public review and recommended that the Board set a public
hearing to discuss Board Member compensation and benefits, and adoption of a
resolution establishing an annual public review.
POSITION PAPER
Board Meeting Date: February 2, 2012
Subject CONSIDERATION OF SETTING A PUBIC HEARING TO REVIEW
BOARD MEMBER COMPENSATION AND BENEFITS AND
ESTABLISHMENT OF ANNUAL PUBLIC REVIEW
The Board may wish to consider the following options:
Set a public hearing to review Board compensation and benefits and annual
public review at an upcoming Board agenda; or
Set a public hearing to consider Board compensation and benefits and annual
public review to be heard at the same time as the 2012 -13 budget hearing.
Incorporate the annual public review of Board Member compensation and
benefits as a tandem item.
Several public agencies already conduct annual reviews of Board Member
compensation in conjunction with their budget hearings, as shown in agency responses
to Grand Jury Report 1104 (ATTACHMENT D).
The Committee also recommended that, if a public hearing is scheduled, the Board also
consider adopting a resolution formalizing the annual public review process.
RECOMMENDED BOARD ACTION: Set a public hearing to review Board Member
compensation and benefits and to consider adopting a resolution establishing an
annual public review, as recommended by the Budget and Finance Committee.
Determine whether to set the public hearing for an upcoming Board meeting, or to set it
to coincide with the annual budget public hearing.
ATTACHMENT A: District's response to Recommendations 1 and 3, Contra Costa Grand Jury
Report No. 1104
ATTACHMENT B: Survey of Board Member Compensation and Benefits, January 2012
ATTACHMENT C: Comparison of Board Member Meeting Stipends
ATTACHMENT D: Other agency responses to Recommendation 1 of Contra Costa Grand Jury
Report No. 1104
N:\ADMINSUP\ADMIN \DIST- SEC\ BOARD \COMPENSATION- STIPEND\Annual Review of Board Comp \PP -Set Compensation
Hearing 2012.doc
ATTACHMENT -A
CENTRAL CONTRA COSTA SANITARY DISTRICT
Status of Recent Contra Costa County Grand Jury Requests /Responses as of October 2011
Report No. and
Topic
Grand Jury
Request
CCCSD
Response
Recommended
Action /Comments
CCCERA's Actuary has indicated an August 2010 timeframe
(UAAL).
to develop de- pooling data and conclusions for employer
review. After employers have reviewed the de- pooling
information, the District anticipates CCCERA will de -pool the
employers. When this is complete, the District will be able
to evaluate the impact of the new rates on the District.
These rates will be used in the Ten Year Financial model
updated which will be reviewed by the Board of Director in
January 2011.
The pay codes that can be considered to be changed are
governed by the three District bargaining unit labor
agreements which expire April 17, 2012. The District is
required under California Labor Code to honor the terms
and conditions of these current memoranda of
understanding. Changes in the pay codes will be
considered as appropriate when the new labor agreements
are negotiated.
No. 1104
April 2011:
7110111:
Staff is recommending an
Recommendation # 1: All cities
This recommendation will be implemented. The District will
annual review of Board
Elected Board
and special districts should
conduct an annual public review of compensation and
compensation in February
Membership
conduct an annual public review of
benefits provided to Board members.
of each year, in open
(Compensation)
compensation provided to their
session.
respective elected Councils and
Boards. This review should
include such items as salary,
meeting fees, health care
insurance costs, pension, deferred
compensation, life insurance
premiums, cell phone usage, and
internet connections. The public
review should address whether or
not changes in compensation are
warranted.
N:\ADMINSUP\ADMIN \DIST- SEC \Grand Jury\2011 \Grand Jury- Status of Recent Responses.doc
-3-
CENTRAL CONTRA COSTA SANITARY DISTRICT
Status of Recent Contra Costa County Grand Jury Requests /Responses as of October 2011
Report No. and
Topic
Grand Jury
Request
CCCSD
Response
Recommended
Action /Comments
No. 1104
Recommendation # 3: These
7110111:
The appropriateness of
special districts, as part of the
This recommendation will be implemented. The District will
Board compensation will
(Cont'd)
annual review in Recommendation
consider whether it would be appropriate to implement a
be part of the February
# 1, should consider whether it
reduction of salary or meeting fee expenditures for Board
annual review (see above).
would be appropriate to implement
members, while recognizing the amount of time spent by
a reduction of salary and meeting
Board members in service to the District community (an
fee expenditures to bring them in
average of 24 scheduled Board meetings and as many as
line with other special districts.
48 Committee meetings in the course of a year), the size of
the District, and in comparison with other agencies.
N:\ADMINSUP\ADMIN \DIST- SEC \Grand Jury\2011 \Grand Jury- Status of Recent Responses.doc
-4-
Board of Directors Compensation and Benefits Survey
ATTACHMENT B
1 of 4 conducted January 2012 by CCCSD
Medical
Dental
Life Insurance
Deferred
Cell
Computers/
Agency
Stipend /Max. Compensable Mtgs
Board Member/
Board Member/
Pension
Board Member/ Spouse /Family
Comp
Phone
iPads
Spouse /Family
Spouse
District pays premium for up to Director
District pays premium
Castro Valley Sanitary
$176.34 per meeting /6 meetings per
& Spouse, 1 participating member,
for up to family
No District
District
month
3/1/12 Board member to share 50% cost
coverage for Delta
No
No
contribution
No
No
of premium increase from 2012 to 2011
Dental PPO
District pays premium for up to family
District pays premium
District pays
Central Contra Costa
$221 per meeting /6 meetings per
coverage for Kaiser, Health Net HMO, or
for up to family
premium for
No District
Sanitary District
month
Health Net PPO ** Cafeterial Plan
coverage for Delta
$50,000/$1,500
No
contribution
No
No
offered in lieu of medical coverage
Dental PPO
policy
Contra Costa Water
$100 per meeting /10 meetings per
District pays premium for family for any
District pays premium
District pays for
No District
District
month
plan offered
for Delta Dental for
$10,000 policy
No
contribution
No
No
family
Currently at $209 per meeting; Board
District pays premium for CalPERS
District pays premium
District pays
Delta Diablo Sanitation
proposed to reduce to $170 (approx.
Medical (HMO or PPO) up to the greater
for up to family
premium for
No District
District
20 mtgs /yr: 1 Bd /mo + — 8 Committee
of either the Blue Shield or Kaiser HMO
coverage; Self-
$125,000/$2,000
No
contribution
No
No
mtgs /yr)
family rate
insured Plan
policy
The District
District pays for premium up to $555
matches Board
(Board Member only), $1,111 (Member
District pays premium
District pays for up
Member
Dublin San Ramon
$146 per meeting /10 meetings per
+ 1 Dependent) $1,444 (Member + 2
for up to Board
to $50,000 basic life
No
contributions to
No
No
Services District
month
Member and eligible
457 plan by
Dependents); rates set by resolution
dependents
insurance
25 %, up of $10
annually
per calendar
month
1 of 4 conducted January 2012 by CCCSD
Board of Directors Compensation and Benefits Survey
2 of 4 conducted January 2012 by CCCSD
Medical
Dental
Life Insurance
Deferred
Cell `
Computers/
Agency
Stipend /Max. Compensable Mtgs
Board Member/
Board Member/
Pension
Board Member/ Spouse /Family
Comp
Phone
iPads
Spouse /Family
Spouse
Directors contribute
6.83% of their salary
on a pre -tax basis
District pays for premium for up to
and the District
Kaiser Family. District pays for
East Bay Municipal
$1,120 per month /2 meetings per
Health Net and Anthem BC for the
District pays premium
contributes 37.74%
No District
for Director and eligible
No
(as of July 2011).
No
No
Utility District
month
Director only and requires 15% premium
contribution
contribution for double and family
dependents
Directors are
eligible to retire at
coverage.
age 54 with
minimum of five
years of service.
$143.59 per meeting /6
District pays health expense
reimbursement of $5,430 (2012 #s)
see medical health
Fairfield- Suisun Sewer
meetings per month. 5%
No District
District
increase each January unless
(increased every January by CPI -W for SF
expense
No
No
contribution
No
No
Oakland Metropolitan area 12 months
reimbursement
waived (2012 #s)
ending in October of each year)
Agency pays premium
Agency pays premium for up to family
for up to family
Agency pays
Inland Empire Utilities
$195 per meeting /10 meetings per
premium for up to
No District
coverage for the CaIPERS health plan of
coverage for Delta
No
No
Yes
Agency
month
family coverage for
contribution
their choice
Dental PPO or Western
EyeMed Vision
Dental
2 of 4 conducted January 2012 by CCCSD
Board of Directors Compensation and Benefits Survey
3 of 4 conducted January 2012 by CCCSD
Medical
_ ..
Life Insurance
'
Deferred
Computers/
Stipend /Max. Compensable Mtgs
Boar Member '
Board Member/
Pension
Board Member/ Spouse /Family
Comp
iPads
Spouse /Family
Spouse
District pays premium
Optional, if
Ironhouse Sanitary
$170 per meeting /6 meetings per
District pays premium for up to Kaiser
for up to family
chosen to
District
month
Family
coverage for Delta
No
No
enroll, cost to
No
No
Dental PPO
District $10 /mo.
District pays up to $1,281.21 for Board
Mt. View Sanitary
$205.07 per meeting /6 meetings per
Member & family. Coverage is through
No District
PERS. (PERS requires participation in a
No
No
No
No
No
District
month
contribution
District - ponsored retirement plan. See
Deferred Comp)
$174 per meeting /6 meetings per
District pays
No District
$20
Napa Sanitation District
No
No
premium for
No
N/A
allowance
month
$28,000 policy
contribution
for iPad fees
District pays
CaIPERS
District pays premium for up to two -
District pays premium
contribution (Board
6.32% of salary
Oro Loma Sanitary
$260 per meeting /6 meetings per
party PERSCare ($2,058.46 per month);
for up to family
No
Member +District
District
No
No
District
month
all Board Members are enrolled in less -
coverage - Delta Dental
portion) for eligible
contribution
expensive plans
Board members
elected before 1995
District pays up to $827 per month for Board Member only;
District pays for
$212.10 per meeting /6 meetings per
$1628 per month for Board Member +1; $2002 per month for
coverage of $10,000
Union Sanitary District
month
Family for medical, dental, vision; allocated as follows: 100%
for Board Member;
No
$50 /month
No
No
$5,000 for spouse
dental, 100% vision, and balance to medical plans
and dependents
3 of 4 conducted January 2012 by CCCSD
Board of Directors Compensation and Benefits Survey
** Directors hired after 6/30/09 pay difference between highest- costing HMO to PPO if PPO selected
4 of 4 conducted January 2012 by CCCSD
Medical
Dental
Life Insurance
Deferred
Cell
Computers/
Agency
Stipend /Max. Compensable Mtgs
Board Member/
Board Member/
Pension
Board Member/ Spouse /Family
Comp
Phone
iPads
Spouse /Family
Spouse
$100 per meeting, except for the
Vallejo Sanitation and
appointed County Board of Supervisor
No District
Flood Control District
who receives $100 per meeting per
No
No
No
No
contribution
No
No
month
District pays
premium for
CalPERS retirement
West County
$265.35 per meeting /6 meetings per
District pays flat rate of up to $1500 month for family medical,
$85,000 policy for
(for Directors
No District
Wastewater District
month
and entire premium for up to family dental and vision
Board Member
elected before
contribution
No
No
only. (Age reduction
7 -1 -94 only)
schedule applies.)
** Directors hired after 6/30/09 pay difference between highest- costing HMO to PPO if PPO selected
4 of 4 conducted January 2012 by CCCSD
ATTACHMENT C
COMPARISON OF OTHER AGENCIES' BOARD COMPENSATION
AggtSlCY
MEETING, STIPEND
MAX tjO, OF, MTGS
West County
$265.35 1/5/12
6
Wastewater District
$265.35 2009
(510) 222-6700
$265.35 2008
$265.35 2007
Oro Loma Sanitary District
$260 1/5/12
6
(510) 276-4700
$260 2009
$250 2008
$240 2007
Central Contra Costa
$221 1/6/12
6
Sanitary District
$221 42009
$221 2-008
$221 2007
$170 2006
Union Sanitary District
$212.10 1/5/12
6
(510) 477-7500
$212.10 2009
$212.10 2008
$212.10 2007
Mt. View Sanitary District
$205.07 1/5/12
6
(925) 228-5635 x26
$200 2008
$170
Inland Empire Utilities
$195 1/5/12
10
Agency
$217.77 2008
(909) 993-1600
$207.40 2007
Castro Valley Sanitary
$176.34 1/5112
6
District
$176.34 2008
(510) 537-0757
$170.87
Napa Sanitation District
$174 1/5/12
6
(707) 258-6000
$174 2009
$174 2008
$174 2007
Delta Diablo Sanitation
$170 3/11/12
6
District
$209 1/5/12
(925) 756-1900
$209 2009
$202 2008
$191 2007
NADMI NS UPADMI N\DIST-SEC\BOARD\COMPENSATION-STI PEN D\2012 Survey of Compensation and
Benefits\Board Compensation Survey-2EB.doc Page 1 of 2
/_1if_TS]CI►41:Iki 11 tel
AGENCY"
January 2012
N:\ADMINSUP\ADMINOIST- SEC\ BOARD \COMPENSATION- STIPEND\2012 Survey of Compensation and
Benefits \Board Compensation Survey- 2EB.doc Page 2 of 2
PER MONTH
Ironhouse Sanitary District
$170 1/5/12
6
(925) 625 -2279
$170 2009
$170 2008
$170 2007
Dublin San Ramon
$146 1/5/12
10
Services District
$156 2009
(925) 828 -0515
$156 2008
$156 2007
Fairfield Suisun Sewer
$143.59 1/5/12
6
District
$123.76 2009
(707) 429 -8930
$118.13 2008
$100 2007
Vallejo Sanitation and
$100 2009
$100 flat fee per month,
Flood Control District
$100 2008
regardless of number of
(707) 644 -8949
$100 2007
meetings
EBMUD
$1120 1/5/12
Monthly stipend (governed by
(510) 287 -0404
$1093 2009
different regulations)
$1093 2008
$1025 per month
January 2012
N:\ADMINSUP\ADMINOIST- SEC\ BOARD \COMPENSATION- STIPEND\2012 Survey of Compensation and
Benefits \Board Compensation Survey- 2EB.doc Page 2 of 2
ATTACHMENT D
Recommendation # 1': All cities and special districts should conduct an annual public
review of compensation provided to their respective elected Councils and Boards. This
review should include such items as salary, meeting fees, health care insurance costs,
pension deferred compensation, life insurance premiums, cell phone usage, and internet
connections. The public review should address whether or not changes in compensation
are warranted.
Response:
Responding
Agency
Response
Comments
City of
Will
Antioch's overall budget process is a transparent one, with
Antioch
implement
several study sessions held each year and documents available on
the City's website. There is a specific account established within
the City's general fund to account for City Council expenditures.
Also, policies regarding Council compensation and benefits are
approved in open meetings. However, to increase governmental
transparency, the City will combine those policies into a single
document that addresses all Council compensation and benefit
issues and include that document in its annual budget review for
the followingfiscal year.
City of
Implemented
The City adopts its operating budget biannually. Included in the
Brentwood
budget is a division set up for the City Council which details the
amounts spent by individual expense item (e.g. salary, health
insurance, pension, travel, etc). The budget and these items, are
reviewed first at a public workshop and then adopted at a
separate public meeting. All budget documents are also
available on the City's website.
The City then conducts regular reviews of the operating budget at
public meetings every six months. A mid -year budget update and
review occurs each December, and a mid -term budget update and
review is conducted prior to the start of the second year of the
biannual budget.
City Council compensation also receives a public review
whenever it is increased. City Council salary is established and
amended after a public hearing and the adoption of an ordinance.
In addition, it should be noted that any changes to the
compensation ordinance would not take effect until after the next
election cycle. It should be further noted that the last time the
City Council salary ordinance (2.08. 10 of the Brentwood
Municipal Code) was amended was September 18, 2001.
Finally, the City includes City Council salary information in its
published salary plan which is available on the City's website.
Contra Costa County 2011 -2012 Grand Jury Report 1201 Page 25
Grand Jury Reports are posted at hLtp://www.cc-courts.org/grandju[y
Responding
Response
Comments
,
Agency
City of
Will
Clayton's overall budget process is a readily transparent one,
Clayton
implement
with data and actual dollar numbers calculated to the nearest
dollar. At a minimum, an introductory session of the proposed
City Budget and a subsequent public hearing for consideration
and adoption of its budget are held each year, plus a mid -year
review, each conducted at an open public meeting of the City
Council. Further, budget documents and data are available on
the City's public website.
There are specific accounts established within the City's General
Fund (Legislative Dept. 01) that itemize elected official
compensation and associated benefits each year in the aggregate
for the full council. Policies regarding City Council
compensation and benefits, by law, must be and are approved in
open public meetings.
However, to enhance governmental transparency, the City will
combine its elected official compensation and benefits policies
into a single document that clearly illustrates all Council
compensation and benefit categories. That prospective document
will then be included in Clayton's annual budget and review
process commencing the ollowin fiscal year FY 2012-13).
City of
Implemented
This recommendation is already a practice in the City of
Concord
Concord. The Concord City Council Policy Development and
Internal Operations Committee reviews the Council's portion of
the City's budget every year at a public meeting, prior to the
Council acting on the City's proposed budget. The Council as a
whole reviews and acts on the entire city operating budget,
including the Council's operating budget, at public meetings.
Town of
Will
The Town Council does not receive meeting fees, life insurance
Danville
implement
premiums or cell phone stipends. Town Council costs, including
salaries and all related expenses, are included in a separate
"Town Council" budget, which is contained within the annual
Operating Budget. As referenced in the response to Finding #2,
individual Council members receive monthly amounts of $675 for
salary, $250 for health care reimbursement and a $25 deferred
compensation contribution.
Danville's budget process is a transparent one that includes four
public study sessions and one public hearing annually. The Town
Council budget is subject to annual public review, and budget
information is available both in hard copy and electronically on
line. The public review provides the opportunity to address
whether or not changes in compensation are warranted.
Contra Costa County 2011 -2012 Grand jury Report 1201 Page 26
Grand Jury Reports are posted at http://ww.w.cc-courts.org/grandiu[y
Responding
Response
Comment
Agency
Town Council expenditures are accounted for and tracked
separately and Town Council compensation is included as part of
Town salary and compensation information posted on the Town
website and reported to the State Controller. Town Council
salary is set by ordinance, and consideration of any changes can
only occur at a duly noticed public meeting.
It should be noted that while the Town, as a general law city, can
conduct an annual review of Town Council compensation, the
Town can only adjust such compensation at the end of each
council members (sic) term of office. 80 Ops. Cal.Atty. Gen. 119
(1997); Government Code Section 365165.
In order to further address this recommendation, by September
30, 2011, the "Town Council" budgetformat will be further
itemized to coincide with applicable categories included in the
recommendation, including: salary, meeting expenses, health
expense reimbursement and deferred compensation contribution.
City of El
Implemented
In response to both recommendations (1 & 5), the City Council
Cerrito
reviews its compensation annually as part of the budget public
hearing process. That process also includes public review by the
City's Financial Advisory Board. As the Grand Jury learned
during its investigation, the City Council's salary has not
changed since 1991 and any change to salaries would require
adoption of an ordinance. Although the City believes it is already
satisfying Recommendation #10 and #5, it may in the future
enhance the information about City Council compensation
included in the public budget process.
City of
Implemented
Hercules implemented a process that is compliant with the Grand
Hercules
Jury's recommendation several years ago. On July 12, 2012
(sic), the City Council reviewed Council member compensation
and benefits and directed staff to bring forward a resolution
terminating all health and welfare benefits and CalPERS benefits
for Council members. On July 26, 2011, the City Council
adopted such a resolution rescinding all CalPERS and health and
wet fare bene its or Council members.
City of
Will
The overall budget process in Martinez is a transparent one, with
Martinez
implement
several public meetings and documents available on the City's
website. There is a specific page in the budget document that
provides the total expenditures for the City Council. Those
expenditures, along with all of the others in the budget, are part
of the budget review and approval conducted at a public meeting.
However, to increase transparency, the City will conduct a
Contra Costa County 2011 -2012 Grand Jury Report 1201 Page 27
Grand Jury Reports are posted at hqp : / /www.cc- courts.orgJprandiury
Responding
Response
Comments
Agency
specific discussion on whether or not changes in Council
comp ensation are warranted durin g the budget adoption process.
City of
—>
Relative to Finding #1, the City of Oakley does conduct an
Oakley
annual review of the compensation provided to its City Council
as each upcoming fiscal budget is prepared, discussed and
approved. As your report noted, the compensation is amongst the
lowest in the County,
City of
The City of Pinole will on an annual basis publicly review the
Pinole
elected City Council and City Treasurer compensation packages.
This will be done concurrently with our annual budget review
and adoption process. The current compensation totals $300 per
month and is based on the government code and includes $250
per month for serving and attending City Council meetings,
which more often than not are more than twice a month as well as
$50 per month for serving and attending as the Executive Board
for the Pinole Redevelopment Agency.
Our elected officials do not receive a City provided cell phone or
computer nor do they receive reimbursement for use of their
personal cell phones and computers.
City of
Implemented
This recommendation is already implemented at the City of
Pittsburg
Pittsburg. The City Council reviews the Council's portion of the
annual budget every year at a public meeting, prior to the
Council's actions on the City's proposed budget.
City of
Will
Pleasant Hill's overall budget process is a transparent one, with
Pleasant Hill
implement
the biennual (sic) budgets being adopted at open and public City
Council meetings and documents available on the City's website.
A specific departmental budget was established within the City's
general fund to account for City Council salaries, benefits and
expenditures. However, to increase governmental transparency,
the city will specifically address all Council compensation and
benefits during its annual budget review for the following fiscal
year, as well as address this issue, as required, within six months
of the date of the Civil Grand Jury report.
City of
Will not
The City of Richmond's overall budget process is a transparent
Richmond
implement
one, with several study sessions held each year and documents
available on the city's website. Council member salaries are
publicly displayed on the City of Richmond's website. There is a
specific account established within the city's general fund to
account for City Council expenditures. Also, policies regarding
council compensation and benefits are approved in an open
meeting that includes a public discussion and two public
meetings. Therefore, the city is already conducting a periodic
public review of compensation provided to elected council
members, and an annual review is unnecessary,
Contra Costa County 2011 -2012 Grand Jury Report 1201 Page 28
Grand Jury Reports are posted at ho://www.cc-courts.org/grandiu[y
Responding
Response
Comments
Agency
City of San
Will
The City reviews City Council compensation annually as part of
Pablo
implement
its budget process. This includes several study sessions and
culminates in a public hearing. The draft and final budgets are
public documents and are available electronically. The budget
includes specific accounts within the City's general fund to
account for City Council expenditures. Any policies regarding
Council compensation and benefits are reviewed and approved in
open meetings.
However, to increase governmental transparency, the City will
combine those policies into a single document that addresses all
Council compensation and benefit issues and include that
document in its annual budget review for the following fiscal
ear.
City of San.
Will not
The recommendation will not be implemented because it is not
Ramon
implement
necessary. The City of San Ramon compensates elected officials
based on a publicly approved Ordinance. The Ordinance No.
365 was adopted in 2004 after conduction public hearings and a
public noticing process. Changes to the existing compensation
structure cannot happen without the same public process
occurring and a new Ordinance being adopted. Although the
City of San Ramon is a Charter City and can exempt itself from
the Government Codes limits on elected official compensation
levels, the City of San Ramon has chosen to voluntarily set
compensation within the limits of the Government Code as it
pertains to General Law cities. The process recommended in the
report to hold additional public reviews of compensation is
redundant to the current process of holding public hearings
before an Ordinance is adopted and ignores the limits placed on
compensation by those agencies that are following the
Government Code. We suggest this recommendation could have
been that changes in compensation be consistent with Sate Law,
are publicly noticed, and providefior public comment.
City of
Will not
The City of Walnut Creek has, since 1980, adopted two year
Walnut
implement
budgets and has recently engaged in a mid year budget review
Creek
with its Council. As part of the budget process, the costs for the
City Council are reviewed in the format shown in Exhibit A. This
budget format is similar to the annual figures the Grand Jury
used The Walnut Creek Municipal Code requires a public
hearing be held prior to the adoption of the budget. The Grand
Jury Report does not contend that a biennial review is
inadequate. The Grand Jury recommendation for annual review
will not be implemented because it is not consistent with the two -
ear cycle under which the City of Walnut Creek reviews all
Contra Costa County 2011 -2012 Grand Jury Report 1201 Page 29
Grand Jury Reports are posted at hU://www,cc-courts.org/grandiury
Responding
Response
Commend
Agency
budgets and that the City believes ensures that Council
compensation is reasonable.
Ambrose
ARPD set a Board agenda item for its June 9` Board meeting
Recreation
(Attached) and did discuss in open session compensation of the
and Park
Board. The accompanying staff report listed compensation for
District
area agencies and included ARPD. The Board agrees with the
finding and have left its current compensation package in place
as ARPD is (sic) has one of the smallest compensation packages
in the County.
Byron-
Will
The District will comply with Recommendations No. I and No. 4
Bethany
implement
and will review such items as salary, meeting fees, health care
Irrigation
insurance costs, pension /deferred compensation, life insurance
District
premiums, cell phone usage, internet connections; and, determine
whether the practice of paying health care insurance for Board
members is appropriate, during the annual public review of the
District's budget process.
Byron
Will
The Byron Sanitary District will comply with Recommendation
Sanitary
implement
No. 1 and review such items as salary, meeting fees, health
District
insurance costs, pension/deferred compensation, life insurance
premiums, cell phone usage, and internet connections during the
annual public review of the District's budget process.
Central
Will
The Central Contra Costa Sanitary District will conduct an
Contra Costa
implement
annual public review of compensation and benefits provided to
Sanitary
Board members.
District
Contra Costa
Implemented
The annual public review of CCWD Board members
Water
compensation recommended in Report #1104 has already been
District
implemented and has been integral to the review of District
finances and the Board's adopted procedures for decades.
• The Board of Director's compensation is budgeted as an
individual department clearly delineated within the
overall District budget and is reviewed annually as part of
a publicly noticed presentation of the budget and mid -
cycle review. The Board of Director's budget includes a
review of the actual expenditures compared to budget to a
level of detail that allows review of compensation and
benefits cost per board member; and
• In addition, at each Board meeting (two per month) as
part of an agendized item titled `Approve Director's
Service /Business and Travel Expenses" each Director's
compensable meeting and travel expenses are presented
in written form and are reviewed as to their business
purpose and reasonableness and are approved as part of
the publicly noticed meeting; and
Contra Costa County 2011 -2012 Grand Jury Report 1201 Page 30
Grand Jury Reports are posted at b!W://www.cc-courts.org/gi-andiury
Responding
Response
Comments
Agency
Lastly, each Director verbally forecasts the compensable
meetings they plan to attend in the prospective two week
(or longer) period as part of the bi- weekly Board meeting
to allow fellow Directors and the public an opportunity to
confirm the business purpose.
Diablo Water
Implemented
Respondent has historically conducted a public review of total
District
compensation provided to the Board of Directors each year
during review of the District's annual budget at a public meeting.
The District will expand its current annual public review of
Director Compensation to address whether or not changes in
compensation are warranted.
Discovery
The TODBCSD partially agrees with Recommendation #1 in that
Bay
compensation should be reviewed by its Board of Directors but
Community
disagrees that it should be done annually.
Services
District
All of California's Independent Special Districts are subject to
California Government Code Sections 61000 et seq., including
the Town of Discovery Bay Community Services District. Board
member compensation, and the narrow manner in which it is
permitted, is specifically acknowledged in the aforementioned
Government Code sections.
The TODBCD has an established meeting structure for its official
Board Meetings. The TODBCSD Board of Directors meets on
the first and third Wednesdays of each month at 7 :00 pm.
Regularly scheduled Board meetings provide the opportunity to
conduct the business of the district and to carry out the duties of
their position. Additionally, it is at times necessary to call for a
special meeting, to conduct a community workshop, or to attend a
meeting that qualifies for a stipend pursuant to California
Government Code Sections 61047(a) and 61047(e). At virtually
each regular meeting the items of compensation for each Board
member are contained in the warrants which are available to the
public and reviewed by the Board of Directors before approving
the expenditure. Thus an annual review is unnecessary.
Any interested member of the public can review compensation of
any TODBCSD Board member for compliance and conformity
with California GC 61047.
East Contra
The East Contra Costa Irrigation District provides a monthly
Costa
stipend to its Directors in the form of meeting fees and mileage
Irrigation
reimbursement. The compensation for meeting attendance has
District
not changed in over a decade and is believed to be appropriate.
The monthly stipend is reviewed annually during the budget
Contra Costa County 2011 -2012 Grand Jury Report 1201 - Page 31
Grand Jury Reports are posted at hUp: / /www cc- courts org /P-randigur
Responding
Response
Comments
4 enc
process.
On June 14, 2011, the Board of Directors considered the
Findings and Recommendations made by the Grand Jury and
determined that no changes are warranted at this time.
Ironhouse
As part of its standard annual budgeting process, the Board of
Sanitary
Directors of Ironhouse complies with Recommendation #1. The
District
Ironhouse annual budgeting process is open to the public and is
publicized through public hearings noticed in accordance with
the Brown Act. At these meetings all compensation provided to
the members of the Board of Directors is reviewed and discussed
by the Board, staff and members of the public in attendance.
Los Medanos
Implemented
While the LMCHD partially disagrees with Grand Jury Finding
Community
1, and finds that a blanket comparison of compensation across all
Healthcare
special districts in Contra Costa County is inapplicable and of
District
limited value, the District already conducts an annual review of
all of its expenses at the beginning of each fiscal year, including
meetingfiees paid to its Board Members.
Mt. Diablo
The Board reviews all expenditures during the annual budget
Healthcare
process. Every item is reviewed, including stipends and the
District
OPEB expenditures, and any item found to require further review
is researched or alternatives and implemented appropriately,
Mt. View
Will
The recommendation has not yet been implemented, but will be
Sanitary
implement
implemented by an amendment to the Board Policies and
District
Procedures on or before August 18, 2011.
Pleasant Hill
Implemented
The following policy has been adopted as Pleasant Hill
Recreation
Recreation & Park District Policy #4025.40.2 — The Board of
and Park
Directors will review the stipends of the elected Board Members
District
on an annual basis. This will take place at the second board
meeting in July as a separate agenda item. The Board of
Directors will determine whether any proposed changes are
warranted. The results will be posted on the District's website
and be included in the official board minutes.
The Board of Directors of the Pleasant Hill Recreation & Park
District receives $100 per meeting at a maximum of $200 per
month. There are no other benefits that the Board Members
receive such as Health or retirement or any related medical
benefits. Occasionally, Board Members do attend conferences on
behalf of the District while representing the District and do
receive reimbursable ex enses or travel and accommodations.
Rodeo
Will not
Total cost for meeting fees by this agency are some of the
Sanitary
implement
smallest in the county. No increase or addition to benefits or
District
meeting fees can be made without a public hearing as required by
the Government Code.
Contra Costa County 2011 -2012 Grand Jury Report 1201 Page 32
Grand Jury Reports are posted at b!W://www.ce-courts.org/grandju
Responding
Response
Comments
Agency
San Ramon
Will not
The recommendation will not be implemented because it is not
Valley Fire
implement
warranted or is not reasonable. The San Ramon Valley Fire
Protection
Protection District agrees that public review of compensation is
District
appropriate. However, unless there are changes recommended to
the compensation structure, it is not necessary to conduct an
annual review and analysis until such time as a change might be
considered. The San Ramon Valley Fire Protection District has
in the past, and will in the future, to agendize for public review
any and all changes to Director compensation. The District's
website has in the past and will continue to contain all
information regarding Director compensation /benefits. The
information is always available or public review.
Stege
Implemented
The Stege Board annually reviews its compensation at a public
Sanitary
meeting and has done so since 2001. The Board plans to
District
continue to conduct this annual review in the future.
West Contra
At its Board meeting of May 25, 2011, the West Contra Costa
Costa County
Healthcare District conducted a public review of all
Healthcare
compensation provided to the elected Board members, and also
District
reviewed the policy for provisions of that compensation. Annual
reviews will be conducted in the uture.
West County
Implemented
The District implemented a process that is compliant with the
Wastewater
Grand Jury's recommendation more than a decade ago.
District
Effective January 1, 2001, Health and Safety Code §6489 was
amended by SB 1559 to allow annual increases in Director
compensation. Director compensation had remained fixed
January 1, 1987. The District adjusted Director compensation in
accordance with SB 1559 effective January 1, 2001. It has
reviewed Director compensation and benefits in a public forum at
least once each year since then. There have been no increases in
Director compensation since January 1, 2006.
On April 5, 2005, the District adopted an ordinance establishing
the procedure for annually fixing and determining Director
compensation. That ordnance (sic) requires the Board to
annually establish the maximum compensation to which a
Director is ,entitled for each day of his /her attendance at
meetings, or for each day of service as a Director. Each Director
must then select the amount of his /her compensation which can
be no greater than the maximum compensation established by the
Board of Directors. This requires the entire Board of Directors
to review their salary and benefits in a public forum at least once
each year to ensure that their compensation is reasonable and
within legal limits.
Contra Costa County 2011 -2012 Grand Jury Report 1201 Page 33
Grand Jury Reports are posted at http://www.cc-courts.org/prandiu!y
Responding
A em.
Response
Comments
City of
Partially
In addition to the annual process for determining Director
Antioch
agree
compensation and benefits, the Board of Directors and District
staff annually review all Director, management and employee
compensation and benefits during the annual budget cycle. This
involves a detailed examination of every budget line item,
including compensation and benefits. This process has been
followed for decades.
Finding # 2: Eight cities spend more than the county -wide average ($39,377) for salary and
meeting fees. They are: Antioch, Concord, Danville, Hercules, Martinez, Richmond, San
Pablo and San Ramon.
Response:
Responding
A`enc
Response
Comments'
City of
Partially
Although we have not expended limited city resources to verify
Antioch
agree
the information provided by the various jurisdictions or the
mathematical calculations, we do question the value of a simple
mathematical average as determinative as to what salaries and
meeting fees are questionable.
As the report indicates these are cities of differing sizes. In
addition, these city councils have differing meeting schedules and
responsibilities, some cities have budgets of $50, 000, 000 and
some budgets of $10, 000, 000; some cities provide all services in-
house and other cities have contracted significant responsibilities
to the County or other entities; and some city councils also serve
as boards of redevelopment agencies and other entities. A simple
mathematical average takes none of these variables into account
in considering what may be appropriate compensation for city
council members.
To this end, Government Code section 36516, which establishes
salary caps for general law cities, has different caps depending
on the population of the city. For example, the California
Legislature set a different salary cap for cities with populations of
75,000-150, 000 compared to cities with less than 35, 000 in
population and cities with over $250, 000 in population. Further,
increases to compensation are limited to 5% per calendar year
and must be specifically approved by the city council pursuant to
an ordinance in open session, unless approved by the electorate
at a municipal election.
Contra Costa County 2011 -2012 Grand Jury Report 1201 Page 34
Grand Jury Reports are posted at http://www.cc-courts.orgigrandiu ry