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HomeMy WebLinkAbout04.i. (Replaced by Revised Handout below) Adopt updated General Manager Authority resolutions Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: April 23, 2015 subject: RESCIND RESOLUTION 2011 -065 AND ADOPT A NEW RESOLUTION TO INCLUDE GRANTING AUTHORITY FOR CERTAIN PERSONNEL ACTIONS TO THE GENERAL MANAGER Submitted By: Initiating Dept. /Div.: Teji O'Malley, Human Resources Manager Administration /Human Resources REVIEWED AND RECOMMENDED FOR BOARD ACTION: Roger S. Bailey General Manager ISSUE: In 2011 the Board adopted Resolution 2011 -065, setting forth the authority of the General Manager. It is recommended that the resolution be rescinded and a new resolution adopted to include granting authority for certain personnel actions to the General Manager. RECOMMENDATION: Rescind Resolution 2011 -065 and adopt a new resolution including authority for the personnel actions. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: Do not amend the resolution. BACKGROUND. During the March 9, 2015 Administration Committee meeting, staff was directed to no longer bring forth requests to add or delete permanent and /or temporary positions to the Board for approval. The Committee recommended that these actions should fall under the General Manager's authority as long as they were included in the District budget which is approved by the Board on an annual basis. Although this delegated authority will allow the General Manager to add or delete positions, it cannot result in an increase in the authorized number of permanent positions and cannot exceed the District budget. If any action results in a net increase in authorized positions or exceeds the budget, the action will be brought forth to the full Board for approval. The new resolution incorporates the Committee's recommendation, as well as other personnel actions which have already been delegated to the General Manager by previous Board actions. A strikeout copy of the proposed amended resolution incorporating the above changes is attached. POSITION PAPER Board Meeting Date: April 23, 2015 subject. RESCIND RESOLUTION 2011 -065 AND ADOPT A NEW RESOLUTION TO INCLUDE GRANTING AUTHORITY FOR CERTAIN PERSONNEL ACTIONS TO THE GENERAL MANAGER COMMITTEE RECOMMENDATION: This matter was discussed during the March 9, 2015 and April 6, 2015 Administration Committee meetings. On April 6, the Committee requested that staff investigate possible further proposed changes to the General Manager authority resolution in areas other than Human Resources so that any additional changes can be made at the same time. Staff has conducted its investigation and recommends no further changes at this time. The Committee will be notified of this when it meets on April 20. RECOMMENDED BOARD ACTION: Rescind Resolution 2011 -065 and adopt a new resolution to include granting authority for certain personnel actions to the General Manager. Attached Supportinq Document: 1. Strikeout of Resolution 2011 -065 N:\ADMINSUP\ADMIN \DIST- SEC \Position Papers\2015\PP -HR Delegation for GM (final for 4 -20 -15 Admin Comm).doc ATTACHMENT 1 RESOLUTION NO. 201-1-5-0/0065 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT SETTING FORTH AND DELEGATING CERTAIN AUTHORITIES TO THE GENERAL MANAGER AND RESCINDING RESOLUTION 20101 -09965 WHEREAS, the proper functioning of the Central Contra Costa Sanitary District ( "District ") requires that the General Manager and his or her staff have adequate authority to carry out both the routine and reoccurring functions as well as the emergency functions of the District; and WHEREAS, in past years the District Board of Directors ( "Board ") has provided for delegation of certain authority to prior General Managers and staff to carry out a variety of necessary functions of the District; and WHEREAS, the Board has also provided and continues to provide both delegation of authority and limitations on staff authority through the approval and adoption of certain other documents, such as the District Purchasing Policy and Procedures and the Capital Budget; and WHEREAS, adopting a resolution which consolidates the delegation authorized in prior resolutions and other documents will clarify the authority of the General Manager and his or her designee and help to ensure the efficient operation of the District. THEREFORE, the Board hereby resolves that the General Manager and his or her designee shall have the authority to carry out the functions of the District as follows: Section 1: General Authorization - The General Manager is authorized to execute all deeds, contracts, warrants, releases, receipts and similar documents for and on behalf of the District in accordance with California Health and Safety Code Section 6487, including all documents prepared and circulated as part of the public competitive bidding process, with the exception of financial transactions as defined in Government Code Section 53995. Section 2: Emergency Power Authorization a. Pursuant to Public Contract Code Section 22050(b)(1), the Board delegates its power to the General Manager to take any directly - related and immediate action required by an emergency, as defined in Public Contract Code Section 1102, and to procure the necessary equipment, services, and supplies for those purposes, when the expenditures exceed $15,000, without giving notice for bids to let contracts. b. In the event of an emergency, as defined, the General Manager shall report to the Board not later than seven (7) days after the action, or at its regularly General Manager Authority Resolution 20154 -- 0/005 Page 2 of 5 scheduled meeting if that meeting will not occur later than fourteen (14) days after the action, the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to respond to the emergency. C. In the event of an emergency, as defined, the Board shall initially review the emergency action not later than seven days after the action, and at least at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four -fifths (4/5) vote, that there is a need to continue the emergency action, unless the General Manager has terminated that action prior to the Board's review of that action. d. Upon its review of the emergency action, the Board shall terminate that action at the earliest possible date that conditions warrant so that the remainder of the emergency action necessitated by the emergency may be completed by giving notice for bids to let contracts. Section 3: District Emergency Operations Plan The General Manager is designated as the Director of Emergency Services and has the authority set forth in Resolution 2010 -089, or as set forth in the most recently adopted Emergency Operations Plan resolution or as amended by State law. Section 4: Authorization for Easements Acquisitions a. The General Manager is authorized to purchase easements and offers of dedication in favor of the District and prepare the documentation as may be required for recording the property rights with the County Recorder's Office, and to take other such action as may be required to implement the purposes of the District in acquiring said easements and offers of dedication. b. The Board shall retain the sole power to accept by resolution any and all easements and offers of dedication received by the District. After acceptance of an easement or dedication by the Board, the General Manager shall have the authority to record said easements and offers of dedications for purposes of giving notice to subsequent property owners. The General Manager is authorized to purchase or otherwise obtain rights of entry, approve restoration agreements, encroachment permits and similar agreements affecting access to or use of real property deemed necessary or prudent for the carrying out of District activities. C. The funding for the purchase of easements, offers of dedication and similar rights of entry-type agreements delegated to the General Manager will be included in the District's Capital Improvement Budget, which the Board approves each year. General Manager Authority Resolution 20154- 0 /00&5 Page 3 of 5 Section 5: Authorization for Use of Small Claims Court a. The General Manager is authorized to file suit in Small Claims Court without additional specific authorization by the Board to pursue civil remedies against persons or entities for claims within the general subject matter areas enumerated below and where the amount of the District's claim (amount in controversy) does not exceed the monetary limits of the jurisdiction of California Small Claims Court. This power includes the power to seek judgments and any other remedies available within the jurisdiction of Small Claims Court, and to take other administrative actions necessary to pursue appropriate remedies in Small Claims Court, including appearing on behalf of the District. 1. Failure to obtain a District permit or violation of any District permit condition; 2. Failure to perform work in conformance with the District's Standard Specifications, either on District facilities or facilities which are or will be connected to the District sewerage system; 3. Failure to comply with inspection requirements of the District with regard to either private or public sewer facilities; 4. Failure to timely pay fees, lease payments, and charges of the District, including penalties and interest that may accrue as a result of the delinquent payments; 5. Damage to, or obstruction of, District facilities, equipment, or property; or 6. Violation of the District Code or failure to comply with any other lawful resolution or order of the Board. Section 6: Claims Handling Authority — The Board delegates to the General Manager the authority to act on its behalf pursuant to Government Code Sections 910, et seq. to reject, return as insufficient, or return as untimely any claims against it, and to provide any notices authorized under those statutes on behalf of the District. Pursuant to Government Code Section 935.4, the Board delegates the authority to the General Manager to allow, compromise or settle claims against the District not exceeding $50,000 with the understanding that settlements between $25,000 and $50,000 would be reported to the Board as information items at a following Board meeting. Section 7: Execution of Joint Powers Agreements — The General Manager is authorized to execute Joint Powers Agreements with cities, counties, special districts and other government entities relating to Board - approved construction projects, such as paving or landscaping, where the funds exchanged in the agreement do not exceed $100,000. Section 8: Delegation of wthoritV to Award Contracts for District Projects Not Exceeding $100,000 — The General Manager is delegated the authority to award contracts for District Projects of a value greater than $15,000 and not more than General Manager Authority Resolution 2015 -# -0,LO06-5 Page 4 of 5 $100,000, provided that a formal bid process is conducted in accordance with Public Contracts Code section 20801, et seq., and sealed bids are solicited and opened by the Secretary of the District in a public place at a predetermined time. The award shall be made to the lowest responsible bidder whose bid is responsive to the specifications issued by the District. Section 9: Additional Deleaations and Limitations on Authoritv - The General Manager has the authorizations set forth in the most recent Capital Improvement Budget (approved by the Board each year), the authorizations set forth in the chapters entitled "Approvals and Authorizations" and "District Projects" of the District's Purchasing Policy and Procedures (adopted by the Board), and the authorizations set forth in District Code Section 2.08.030 to execute all contracts, warrants, releases, receipts, and similar documents for and on behalf of the District in accordance with California Health and Safety Code Section 6487, and such authority is incorporated herein by reference, including any subsequent amendments to any of the above documents as approved by the Board or as required by law. Section 10: Delegation of Authority on Personnel Actions — The General Manager has the authorization for the following personnel actions: 1. Appointments to management -level positions as set forth Section 4.16.070(a) of the District Code. 2. The establishment, amendment, and /or the abolishment of class descriptions or any changes to the salary schedule as set forth in Sections 4.12.010 and 4.12.040 of the District Code. 3. The addition and deletion of permanent and temporary positions as detailed in the annual budget (approved by the Board each year) and as set forth in Section 4.04.020 of the District Code. Any of these actions taken during the fiscal year will not exceed the number of authorized positions or approved annual District budget. 4. Appointments of up to five (5) General Manager Specials at any given time. These appointments can only be made to backfill those positions vacated due to an extended leave of absence of an employee or in cases of succession planning. 5. Any other actions as set forth in the Board approved Memoranda of Understanding (MOUs) with the District's bargaining units. Section 110: Rescission of Prior Resolutions - As of the effective date of this resolution, the existing District Resolution 20101 -00065 is rescinded. PASSED AND ADOPTED this 4- 523rdt# day of AprilDeeomer, 2014 -5, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: General Manager Authority Resolution 20154-0/0095 Page 5 of 5 Michael R. McGill, P.E. President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme, CIVIC 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