HomeMy WebLinkAbout00. Agendacentral
Sanitary District
SPECIAL MEETING OF THE
CENTRAL CONTRA COSTA
SANITARY DISTRICT
FINANCE COMMITTEE
Chair Causey
Member Nejedly
January 21, 2014
3:00 p.m.
Executive Conference Room
5019 Imhoff Place
Martinez, California
INFORMATION FOR THE PUBLIC
ADDRESSING THE COMMITTEE ON AN ITEM ON THE AGENDA
BOARD OF DIRECTORS:
DAVID R. WILLIAMS
President
MICHAEL R. MCGILL
President Pro Tent
PAUL H. CAUSEY
JAMES A NEJEDLY
TAD J. PILECKI
PHONE: (925) 228 -9500
FAX: (925) 676 -7211
www.centralsan.org
Anyone wishing to address the Committee on an item listed on the agenda will be heard when the
Committee Chair calls for comments from the audience. The Chair may specify the number of minutes
each person will be permitted to speak based on the number of persons wishing to speak and the time
available. After the public has commented, the item is closed to further public comment and brought to the
Committee for discussion. There is no further comment permitted from the audience unless invited by the
Committee.
ADDRESSING THE COMMITTEE ON AN ITEM NOT ON THE AGENDA
In accordance with state law, the Committee is prohibited from discussing items not calendared on the
agenda. You may address the Committee on any items not listed on the agenda, and which are within their
jurisdiction, under PUBLIC COMMENTS. Matters brought up which are not on the agenda may be
referred to staff for action or calendared on a future agenda.
AGENDA REPORTS
Supporting materials on Committee agenda items are available for public review at the Reception Desk,
5019 Imhoff Place, Martinez. Reports or information relating to agenda items distributed within 72 hours
of the meeting to a majority of the Committee are also available for public inspection at the Reception
Desk. During the meeting, information and supporting materials are available in the Conference Room.
AMERICANS WITH DISABILITIES ACT
In accordance with the Americans With Disabilities Act and state law, it is the policy of the Central Contra
Costa Sanitary District to offer its public meetings in a manner that is readily accessible to everyone,
including those with disabilities. If you are disabled and require special accommodations to participate,
please contact the Secretary of the District at least 48 hours in advance of the meeting at (925) 229 -7303.
Finance Committee
January 21, 2014
Page 2
1. Call Meeting to Order
2. Public Comments
3. Expenditures
a. Review Expenditures (Item 3.b. in Board Binder)
Staff Recommendation: Review and recommend Board approval.
4. Risk Management
*a. Review Loss Control Report and discuss outstanding claims
Staff Recommendation: Review the report, discuss outstanding
claims and provide direction if needed.
b. Discuss new claims, if any
Staff Recommendation: Discuss new claims and provide direction if
needed.
5. Old Business
*a. Review staff's response to questions regarding the expenditures at the
previous meeting:
• Is it legally permissible to publish retiree Medicare costs in the
Expenditures as is currently done?
• Can multiple checks being sent to one household be combined into
one mailing?
Staff Recommendation: Review staff's response. Provide input if
needed whether the expenditures should continue listing retiree
names and Medicare costs.
6. Discuss National Association of Clean Water Agencies (NACWA) 2014 Financial
Survey Program
Staff Recommendation: Discuss and provide input to staff if needed.
7. Announcements
a. Next meeting scheduled for January 27, 2014 at 3:00 p.m.
Finance Committee
January 21, 2014
Page 3
8. Suggestions for future agenda items
9. Adjournment
* Attachment
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5.0t.
Christina Gee
From: Olinger, Sarah <solinger @meyersnave.com>
Sent: Friday, January 17, 2014 2:15 PM
To: Christina Gee; Thea Vassallo
Cc: Alm, Kent
Subject: Reporting of Medicare Contributions to District Retirees
Importance: High
Christina and Thea,
The District has inquired whether it is required to publish, or is prohibited from publishing, the names of retirees and /or the
amounts that the District has contributed towards each retiree's Medicare in the District's check register. We have
reviewed the applicable law, and our findings are set forth below:
1. Nothing prohibits the District from publishing in its check register the names of retirees and the amounts that the
District contributes towards their Medicare.
2. In addition, nothing requires the District to specifically publish in its check register the names of retirees receiving
Medicare contributions.
3. However, the District is required to furnish to the Controller all of the financial transactions of the local agency at
the end of each fiscal year. (Gov. Code sections 12463(b), 53891, 53892(d). These statutes are broad enough
to include the amounts contributed toward retirees' Medicare. The Controller then makes this data publically
available.
4. The State Controller's post -Bell law requiring public agencies to publish online the salary and compensation of
employees does not apply to this inquiry. It only applies to current employees receiving wages reportable on a
Form W -2. Retirees do not receive a W -2.
5. The Health Insurance Portability and Accountability Act ( "HIPAK) Privacy Rule also does not apply, and is not
relevant to this inquiry.
6. Notwithstanding the foregoing, pursuant to the California Supreme Court in International Federation of
Professional & Technical Engineers, Local 21, AFL -CIO v. Superior Court, 42 Cal. 4th 319, 331 (2007), the
names and amounts received by retirees that are contained in District records maintained by the District are likely
public records subject to disclosure under the Public Records Act. (See also 60 Ops.Cal.Atty.Gen. 110 (1977)
[names and amounts received by county retirees or their beneficiaries which are contained in county payroll
records maintained by the auditor /controller are public records and are subject to inspection by the public or the
press].).
CONCLUSION: Although the District should continue to publish the amounts of Medicare expenditures on its check
register, the District can decide whether to include or exclude the names of retirees receiving the Medicare
contributions. The law neither prohibits nor requires the publishing of the names. Whether to continue publishing the
names is a policy decision for the District.
Please let me know if you have any questions.
Regards,
Sarah N. Olinger
Attorney at Law
MEYERS NAVE
555 12th Street, Suite 1500
Oakland, California 94607
Phone: (510) 808 -2000
Fax: (510) 444 -1108
solingerCcilmeyersnave.com
www.meyersnave.com
www.publiclawnews.com
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Central Contra Costa Sanitary District
January 21, 2014
TO: FINANCE COMMITTEE
r\
FROM: THEA VASSALLO, FINANCE MANAGER_
VIA: if OGER BAILEY, GENERAL MANAGER rw�
SUBJECT: EXPENDITURE FOLLOW -UP V'
At the January 21, 2014 Finance Committee meeting, staff was asked to provide
additional information on the following:
• Can multiple checks being sent to one household be combined into one mailing?
Per Provisional Accountant Janet Weeks, the payments to retirees for Medicare Part B
reimbursement entail setting up individual vendors in the accounting system. Good
internal controls do not allow different vendors to be printed on one check. District staff
would have to set up one vendor for both parties. The system automatically cuts a
check for each vendor, and then the check is sealed by a sealing machine and sent to
RSC for postage and mailing. In researching this item further, it was brought to my
attention that retirees do not always have the same last name, address, or use the
same bank account. In addition, reimbursements are processed only after the proper
documentation. Not all retiree reimbursement documentation is submitted at the same
time.
The District currently uses laser checks which have a minimal cost of $0.11 per blank
check. Another option to consider would be an internal "manual' system of having the
Accounting Technicians pull the reimbursements from the check run and review for
duplicate addresses, label and re -stuff a new oversized envelope, which will require
more postage. It appears that this "manual" system would be more costly to the District
as it requires more staff time than if staff simply entered the reimbursements and let the
checks run their normal cycle.