HomeMy WebLinkAbout04.i. (Revised)(Handout) Adopt updated General Manager Authority ResolutionV oe"
Central Contra Costa Sanitary District olondsw))A
April 20, 2014
TO: BOARD OF DIRECTORS
VIA: ROGER S. BAILEY, GENERAL MANAGER
ANN SASAKI, DEPUTY GENERAL MANAGER Ck
FROM: TEJI O'MALLEY, HUMAN RESOURCES MANAGER
SUBJECT: AMENDMENT TO RESOLUTION GRANTING GENERAL MANAGER
AUTHORITY ON PERSONNEL ACTIONS
The Board was scheduled to approve the rescission of Resolution No. 2011 -065 and
adopt a new resolution to include granting authority for certain personnel actions to the
General Manager on April 23, 2015. This action was placed on the Board agenda with
the understanding that the Administration Committee would discuss this issue during its
April 20, 2015 meeting.
After discussion at the meeting, the Administration Committee, with the concurrence of
the General Manager, recommended the removal of Items #2 and #3 (delegated
authority to establish new classifications and the addition and deletion of permanent
and /or temporary positions); clarification that Item #4 cannot exceed the District's
annual budget; and renumbering of the remaining items. There are very few occasions
that new classifications are created and /or positions deleted, so bringing them to the full
Board would not be onerous.
The strikethrough version is attached and replaces the version that was distributed with
the April 23, 2015 Board agenda packet.
[As revised after 4/20/15
Admin. Comm. meeting]
RESOLUTION NO. 20151- -0&5 O/D
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
SETTING FORTH AND DELEGATING CERTAIN AUTHORITIES
TO THE GENERAL MANAGER AND RESCINDING RESOLUTION 20110 -06598
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.
General Manager Authority
Resolution 20154 - 865-1/4
Page 2 of 5
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
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.
General Manager Authority
Resolution 2015 r- (4�50/d
Page 3 of 5
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.
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.
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.
General Manager Authority
Resolution 20154- 066AWO
Page 4 of 5
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 Authority 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 $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 Delegations and Limitations on Authority
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. 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. The cost associated with these appointments cannot exceed the
District's annual budget.
3. Any other actions as set forth in the Board approved Memoranda of
Understanding (MOUs) with the District's bargaining units.
General Manager Authority
Resolution 20154--055 D/D
Page 5 of 5
Section 4011: Rescission of Prior Resolutions
As of the effective date of this resolution, the existing District Resolution 20110 -03965 is
rescinded.
PASSED AND ADOPTED this 4-5#23rd day of DeGeMber, 201 !April, 2015, by the
Board of Directors of the Central Contra Costa Sanitary District by the following vote:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
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