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HomeMy WebLinkAbout04.d. Updated Board Compensation resolution Central Contra Costa Sanitary District 1 • BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: May 15, 2014 Subject: CONSIDER ADOPTING A RESOLUTION RESCINDING RESOLUTION 2008-109 AND REVISING AND UPDATING THE BOARD COMPENSATION RESOLUTION Submitted By: Initiating Dept./Div.: Elaine R. Boehme, CMC Administration/Secretary of the District Secretary of the District REVIEWED AND RECOMMENDED FOR BOARD ACTION: f Kent Alm Roger S. Baile Counsel for the District General Manager ISSUE: AB 1234 requires that local agencies that provide reimbursement for expenses to members of its legislative body adopt a written policy on the duties for which legislative body members may receive compensation. Adoption of an updated resolution is recommended to reflect current practices and meeting stipend. RECOMMENDATION: Rescind Resolution 2008-109 and adopt an updated resolution. FINANCIAL IMPACTS: None. ALTERNATIVES/CONSIDERATIONS: The Board Compensation Resolution needs to be updated to reflect current practices and meeting stipend. The Board may direct staff to make changes to the resolution other than those proposed. BACKGROUND: AB 1234 requires that local agencies that provide reimbursement for expenses to members of its legislative body adopt a written policy on the duties for which legislative body members may receive compensation. Requirements and limitations on Board Member compensation are set forth in Section 6489 of the California Health and Safety Code and Sections 20200 et seq. of the California Water Code. The Health and Safety Code limits the number of compensable meetings to no more than one meeting per day and no more than six per calendar month. In October 2008, the Board adopted Resolution 2008-109 (ATTACHMENT 1) setting forth the procedures for appointment to and establishment of Board Committees and meeting compensation requirements for Board Members. Over the intervening years, staff has been tracking areas to be updated. Recently, the Board Committees were consolidated and Board compensation reviewed, so an updated resolution reflecting these and other changes is recommended. 1 N:\ADMINSUPWDMIN\DIST-SEC\BOARD\COMPENSATION-STIPEND\BOARD COMPENSATION RESOLUTION\2014 Rewrite\DRAFT PP.doc Page 1 of 2 POSITION PAPER Board Meeting Date: May 15, 2014 Subject: CONSIDER ADOPTING A RESOLUTION RESCINDING RESOLUTION 2008-109 AND REVISING AND UPDATING THE BOARD COMPENSATION RESOLUTION Staff prepared an updated resolution reflecting the current meeting stipend and new Committee structure, including reference to Committee Charters. Meeting stipend for attendance at Friends of the San Francisco Estuary meetings and Sanitation and Water Agencies of Contra Costa County meetings, which are not generally attended, were also deleted. At its meeting of March 28, 2014, the Administration Committee reviewed the Board Compensation Resolution and recommended that the stipend be paid for attendance at meetings of or representation at the Pleasant Hill Recreation and Park District, with which Central San has a relationship primarily in connection with the provision of recycled water. The Committee also recommended that a standing item be added to Board agendas to allow Board Members to request in advance authorization to receive the stipend for attendance at meetings not listed in the Board Compensation Resolution. In addition, the Committee recommended that a future discussion be held with regard to adopting a philosophy about where best to focus Board representation in the future, and how the use of stipends might encourage and support such representation. Since the recommended changes are extensive, a new resolution (ATTACHMENT 2) rather than a strikeout has been prepared. This has been reviewed by District Counsel. COMMITTEE RECOMMENDATION: The Administration Committee reviewed the Board Compensation Resolution at its meeting of March 28, 2014, and suggested the changes listed above. It recommended approval of the updated resolution; adding a standing item to Board agendas to allow Board Members to request in advance authorization to receive the stipend for attendance at meetings not listed in the Board Compensation Resolution; and recommended that a future discussion be held with regard to adopting a philosophy about where best to focus Board representation in the future, and how the use of stipends might encourage and support such representation. RECOMMENDED BOARD ACTION: Rescind Resolution 2008-109 and adopt the updated resolution. Attached Supportinq Documents: Attachment 1: Resolution 2008-109 Attachment 2: Proposed Updated Resolution ATTACHMENT 1 RESOLUTION NO. 2008-109 A RESOLUTION SETTING FORTH PROCEDURES FOR APPOINTMENT TO AND ESTABLISHMENT OF BOARD COMMITTEES AND MEETING COMPENSATION REQUIREMENTS FOR BOARD MEMBERS WHEREAS, Section 6489 of the California Health and Safety Code provides that compensation be paid to Board Members for each day's attendance at meetings of the Board or for each day's service rendered as a Director by request of the Board; and WHEREAS, in accordance with the Health and Safety Code and the California Water Code Sections 20200 et seq., Ordinance 241 was adopted on February 15, 2007, setting the Board compensation at $221 per approved meeting, not to exceed more than one meeting per day and six meetings per calendar month, which amount may periodically be adjusted by ordinance; and WHEREAS, in accordance with Section 2.04.020 of the District Code, when the Board considers it necessary for the efficient transaction of business, it may approve the creation of a committee for the purpose of reviewing, investigating, and recommending with reference to a particular matter; and the President shall appoint the members of said committee and shall have the authority to appoint an ad hoc committee or representative to similarly act pending a Board Meeting; and WHEREAS, the President may name an alternate to serve in the absence of an appointed Committee Member or District representative; and WHEREAS, the Board has deemed it necessary for the efficient operation of the District to appoint Board Members to represent the District on various committees,joint powers authorities, to act as representatives of the District to various organizations, and as liaisons to cities and the County; and WHEREAS, in accordance with AB 1234 and to encourage participation and attendance at conferences and organizations which serve the interests of and provide benefit to the District, the Board has determined that Board Members may be compensated for each day's attendance at certain events and meetings as listed below. NOW, THEREFORE, BE IT RESOLVED, that: 1. The President of the Board of Directors shall appoint Board Members to the following committees and that Board Members may receive the compensation fixed by District Ordinance for attendance at such committee meetings: Budget and Finance Committee Capital Projects Committee Human Resources Committee Resolution 2008-109 Page 2 of 3 Outreach Committee Recycled Water Committee Household Hazardous Waste Committee Real Estate Committee Ad Hoc Committees 2. The President of the Board of Directors shall appoint or confirm Board Members to represent the District at or before organizations as follows, and Board Members may receive compensation for their attendance at such meetings or events when attending as a District representative. Board Liaison to Cities and County California Special Districts Association — Contra Costa Chapter Friends of the San Francisco Estuary Sanitation and Water Agencies of Contra Costa County Local Agency Formation Commission (whether as Board Liaison or as otherwise designated by the President) 3. That, in addition to the above, members of the Board of Directors shall be compensated at the current compensation rate for each day's attendance at the following meetings and conferences: Meetings of the California Association of Sanitation Agencies (CASA) Executive Board, when serving as a member of the Executive Board. 4. That any Board Member may receive the stipend if approved by the Board in advance for attendance at a meeting, conference or event not listed above. 5. That the Board of Directors determines that public resources should be used to reimburse expenses incurred when attending meetings, conferences or events which are related to District business and are of interest and value to the District. These meetings, conferences or events include, but are not limited to, Contra Costa Mayors' Conference meetings, Contra Costa Council meetings, local public official informational meetings or other meetings where the topic is of interest to the District or promotes inter-agency cooperation and partnerships. Reimbursements will also be provided for events under paragraphs 2, 3 and 4 above. Reimbursements will be paid in accordance with existing District policy. 6. That Board Members will report at Board Meetings, in advance whenever possible, which meetings they will be attending or have attended for which they receive the stipend, and which meetings or conferences they will be attending or have attended for which the District pays their expenses. Resolution 2008-109 Page 3 of 3 7. That meeting attendance slips for Board Members for the meetings listed above and for regular Board Meetings shall be approved by the Board President or, in his or her absence, the President Pro Tem. Meeting attendance slips for the Board President shall be approved by the President Pro Tem, or, in his or her absence, a Board Member designee. 8. Travel days to and from meetings or conferences are not compensable under this policy. PASSED AND ADOPTED this 2nd day of October, 2008, by the following vote: AYES: Members: Hockett, Menesini, Nejedly, Lucey NOES: Members: None ABSTAIN: Members: McGill -ae:� �f Gerald R. Lucey President of the District Board, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to Form: Kenton L. Ah District Counsel ATTACHMENT 2 RESOLUTION NO. 2014-0/1 A RESOLUTION SETTING FORTH PROCEDURES FOR APPOINTMENT TO AND ESTABLISHMENT OF BOARD COMMITTEES AND MEETING COMPENSATION AND EXPENSE REIMBURSEMENT FOR BOARD MEMBERS WHEREAS, in accordance with section 6489 of the Health & Safety Code and the California Water Code sections 20200 et seg., which provide that compensation be paid to Board Members for each day's attendance at meetings of the Board or for each day's service rendered as a Board Member by the request of the Board not to exceed more than one meeting per day and six meetings per calendar month; and WHEREAS, the Board has deemed it necessary for the efficient operation of the District to appoint Board Members to represent the District on various committees and joint powers authorities, to act as representatives of the District to various organizations and as liaisons to Cities and the County; and WHEREAS, in accordance with AB 1234 (California Government Code Section 53232 et seq.) and to encourage participation and attendance at conferences and organizations which serve the interests of and provide benefit to the District, the Board has determined that Board Members may be compensated and reimbursed expenses for each day's attendance at certain events and meetings as listed below. NOW, THEREFORE, BE IT RESOLVED, that: Committees: 1. In accordance with Section 2.04.020 of the District Code, when the Board considers it necessary for the efficient transaction of business, it may approve the creation of a committee for the purpose of reviewing, investigating and recommending with reference to a particular matter. 2. The President shall recommend and the Board shall approve appointments to said Standing and Ad Hoc Committees, and where expediency is required, shall have the authority to appoint an Ad Hoc Committee or representative to similarly act pending a Board meeting. 3. The President may name an alternate to serve in the absence of an appointed Committee Member or District representative. 4. Each Standing Committee shall operate under a Charter approved by the Board. 5. The General Manager will determine to which Committee items are assigned as they arise, and in cases where certain topics may span two Committees, he/she may confer with the Board President for guidance. Central Contra Costa Sanitary District Resolution 2014-01� Page 2 of 3 6. The current Standing Committees are: o Administration Committee; o Engineering & Operations Committee; o Finance Committee; and o Real Estate, Environmental & Planning Committee. Other Appointments: 7. The Board has deemed it necessary for the efficient operation of the District to appoint Board Members to represent the District on various governmental bodies and joint powers authorities and to act as representatives of the District to various organizations and other local governments. Meeting Stipend and Compensation: 8. In accordance with the Health & Safety Code and the California Water Code, the Board periodically adopts ordinances amending District Code Section 2.04.030, which provides for the "Compensation of Board Members" (hereinafter "Meeting Stipend"). 9. The Board conducts an annual public hearing to review Board Member compensation, Meeting Stipend and Board Member benefits. 10. Board Members will receive the Meeting Stipend for each day of service when appointed as members of a Board Standing Committee or Board authorized Ad Hoc Committee. Board Members may also receive the Meeting Stipend for each day of service when appointed and serving as the District's representative for meetings of the following: o District service area Cities and Contra Costa County; o California Special Districts Association — Contra Costa Chapter (CCSDA); o Local Agency Formation Commission (LAFCO); o California Association of Sanitation Agencies (CASA) Executive Board; o National Association of Clean Water Agencies (NACWA); and o Pleasant Hill Recreation and Park District. 11. Board Members may receive the Meeting Stipend for attendance at a meeting, conference or event not listed above where the attendance is of significant benefit to the District, if approved by the Board in advance of the event. Reimbursement of Expenses: 12. The Board of Directors determines that public resources should be used to reimburse expenses incurred when attending meetings, conferences or events, which are related to District business and are of interest and value to the District. 2 Central Contra Costa Sanitary District Resolution 2014-of Page 3 of 3 These meetings, conferences or events include, but are not limited to, Contra Costa Mayors' Conference meetings, East Bay Leadership Council meetings, local public official informational meetings or other meetings where the topic is of interest to the District or promotes inter-agency cooperation and partnerships. Reimbursements will also be provided for events under paragraphs 10 and 11 above. Reimbursements will be paid in accordance with existing District policy. Compliance with AB 1234: 13. Board Members will provide brief written or oral reports at Board meetings for the meetings that they have attended and received the Meeting Stipend, and for meetings, conferences or events they have attended for which the District has paid their expenses. BE IT FURTHER RESOLVED, that Resolution 2008-109 is rescinded effective upon adoption of this resolution. PASSED AND ADOPTED this 15th day of May, 2014, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members.- ABSENT: embers:ABSENT: Members: David R. Williams President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme, CMC Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: Kenton L. Alm, Esq. Counsel for the District 3