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HomeMy WebLinkAboutADMINISTRATION MINUTES 01-17-17 6. D. 1 )b) centrai Contra Costa sanitary District SPECIAL MEETING OF THE BOARD OF DIRECTORS: CENTRAL CONTRA COSTA PAUL H.CAUSEY SANITARY DISTRICT President ADMINISTRATION COMMITTEE JANIESA NEIEDLY President Pro Tem MICHAEL R.MCGILL J. M I N U T E S DAVITAD D R. WILLI.4MSLAMS Tuesday, January 17, 2017 PHONE: (925)228-9500 y ry FAX: (925)372-0192 10:30 a.m. tivww.centrcilsaii.org Executive Conference Room 5019 Imhoff Place Martinez, California Committee: Chair Mike McGill Member David Williams Staff. • Roger S. Bailey, General Manager Kenton L. Alm, District Counsel (participated via telephone on Items 7. through 9.) Elaine R. Boehme, Secretary of the District Ann Sasaki, Deputy General Manager Phil Leiber, Director of Finance and Administration Danea Gemmell, Planning and Development Services Division Manager (left after Item 7.) Teji O'Malley, Human Resources Manager Donna Anderson, Assistant to the Secretary of the District 1 . Call Meeting to Order Chair McGill called the meeting to order at 10:30 a.m. 2. Public Comments None. 3. Confirm 2017 Committee dates COMMITTEE ACTION: Confirmed revised meeting dates. 4. Board Policies: a. Review status of biennial reviews COMMITTEE ACTION: Reviewed the status of biennial reviews. Administration Committee Minutes January 17, 2017 Page 2 b. Biennial review of BP 008 — Travel Expense Reimbursement Policy Chair McGill stated that, under the administrative procedure relating to BP 008, it can be problematic for Board Members who arrive at their travel destinations late in the evening to obtain dinner within the dinner per diem meal allowance. He asked if the procedure could be revised to allow Board Members to be reimbursed (with receipts) for the actual cost of their meals, up to 75% of the IRS daily maximum per diem in those instances where reimbursement is being requested on the first and last day of travel. Member Williams suggested that the last few words of Paragraph 8 (", and this will also be adhered to") be eliminated because they are redundant. COMMITTEE ACTION: Reviewed and recommended that staff bring the item back after conferring with District Counsel as to meal reimbursements for Board Members on travel days. 5. Review current list of Committee Parking Lot Items COMMITTEE ACTION: Reviewed the list. 6. Discuss Fair Political Practices Commission (FPPC) regulations regarding use of Board Member photos in certain Central San publications - District Counsel, Kent Alm will be present for discussion This matter was heard out of order, immediately following Item 7. Mr. Alm, who participated in the meeting via conference call, stated that the original intent of the FPPC regulations was to prohibit mass mailings to more than 200 recipients of publications that include articles and/or photographs of incumbent elected officials, especially prior to elections. He noted that the law is archaic because it was written prior to the internet and there are no limitations currently in place regarding the use of Board Member photos in social media or electronic communications. Accordingly, a practical approach consistent with the intent of the statute should be applied. Mr. Alm said he believes this issue has arisen because, in an abundance of caution, several Board Members were digitally removed from a group photo of employees at last year's Employee Service Awards so the photograph could be used in the employee newsletter, which is mailed to a distribution list that exceeds 200. He said that was probably not necessary for internal communications. He would be comfortable including photographs that may include a Board Member so long as Board Members are not featured in the photograph or the caption. On the other hand, a photo featuring a Board Member shaking hands with another dignitary would be inappropriate for any publication circulated to more than 200 recipients. The regulations, as written, Administration Committee Minutes January 17, 2017 Page 3 require agencies to use discretion and judgment, which makes them difficult to administer. As a rule, he said photos of individual Board Members should not be included in printed publications, but a group photo with one or more Board Members who are not featured should not preclude staff from publishing that photo. To be clear, Chair McGill said publishing a printed photo of Board Members with the General Manager at a District event would not be advisable, but a group photo with several employees and one or more Board Members would be permitted so long as the Board Member is not featured in the photo or the caption. Mr. Alm agreed. Mr. Bailey said that he will take responsibility for advising staff when these situations arise in the future. COMMITTEE ACTION: Discussed with District Counsel the best approach for interpreting the FPPC regulations regarding use of Board Member photos in certain Central San publications. 7. Review draft Position Paper to authorize the General Manager to execute a Utility Agreement with the Town of Moraga for sewer replacement work related to the Rheem Boulevard sink hole repair Mr. Alm explained that it is his understanding that the Town of Moraga was informed by Cal Trans engineers as part of its application for federal grant monies to repair the sink hole that costs associated with replacing a section of Central San sewer pipe are not eligible for federal funding. The pipe was unaffected by the sink hole but may need to be replaced to facilitate the repair project. The Town of Moraga has requested that Central San reimburse the $38,750 cost to replace the section of sewer pipe. Mr. Alm said it is not clear which party, Central San or the Town of Moraga, has first in time and senior rights, which would generally determine responsibility for relocating the pipe. Researching those rights would be exhaustive and may not prove cost-effective. Moreover, he said the Town of Moraga has agreed to include a clause in the utility agreement indicating that Central San is not conceding that it is obligated to pay the amount requested. For these reasons, and because the Town of Moraga is a sister agency, he said he was comfortable asking the Board to consider a policy decision authorizing the General Manager to enter into the utility agreement as proposed. He also recommended that, if approved by the Board, staff should send the executed agreement to the Town of Moraga with a letter clarifying that Central San wishes to be cooperative and move the project forward, while also clarifying its position that Central San continues to contend that it may not be responsible for relocation costs under these or similar circumstances. Administration Committee Minutes January 17, 2017 Page 4 Ms. Gemmell noted that the utility agreement does allow Central San to negotiate the amount requested. The Committee Members agreed with Mr. Alm. COMMITTEE ACTION: Reviewed and recommended Board approval. 8. Discuss unemployment benefits payment data Member Williams said he was aghast to see how much Central San has paid in unemployment benefits to temporary employees (summer students, District temps, and co-ops). He asked if any sort of up-front agreement could be developed that would withstand the scrutiny of the California Employment Development Department (EDD). Ms. O'Malley said that staff has sought legally compliant methods to mitigate the financial impact of claims that should, in staff's opinion, be denied based on the EDD's own eligibility criteria that persons be laid off from permanent employment to be eligible for unemployment benefits. She noted that Central San bears the entire cost of unemployment benefits. In recent years, the process of onboarding temporary employees has been augmented to include a Personnel Action Form clarifying that theirs are temporary assignments of limited duration. She also stated that she and her staff have disputed every single claim for the past 4-1/2 years, to no avail, until earlier this month when the first denial was finally granted. Member Williams said those who apply for unemployment benefits based on what is indisputably temporary employment with Central San have no honor. He concurred with Mr. Bailey's suggestion that staff investigate the potential for challenging the EDD for not upholding its own rules. Mr. Bailey said one avenue for doing so may be via coalition with other agencies. COMMITTEE ACTION: Directed staff to bring the item back to the Committee for further review after delving deeper into the matter with a view toward possibly building a coalition with other agencies to challenge the EDD's position with respect to the granting of unemployment benefits to temporary employees. 9. Discuss potential participation in Social Security for District employees Ms. O'Malley noted that this was an informational item only. She said she does not know how many employees are interested in this idea. Member Williams expressed surprise at the notion of switching to participation in Social Security. He cited statistics as to likelihood of high taxability of Social Security benefits for many Central San retirees and the possibility that Social Security could potentially run out of funds at some point in the future. In his view, Central San's practice of putting the equivalent of the Social Security contribution Administration Committee Minutes January 17, 2017 Page 5 aside in each employee's deferred compensation plan is preferable, and consistent with what he considers to be the Board's fiduciary responsibility to help employees with personal fiscal management. COMMITTEE ACTION: Directed staff to clarify with counsel whether a simple majority or a supermajority of employees must be in favor of initiating a vote to switch to participation in Social Security. 10. Review Gantt chart of activities leading up to 2017 Labor Negotiations Staff Recommendation: Review the Gantt chart. 11. Announcements a. Future scheduled meetings: Wednesday, February 1, 2017 at 2:00 p.m. Thursday, February 23, 2017 at 9:00 a.m. Tuesday, March 14, 2017 at 8:30 a.m. b. Mr. Bailey said he will bring an item to a future meeting to clarify how the monies are being spent under the consulting contract with Mr. Larry Bienati of Bienati Consulting Group, and to discuss how to move forward in this regard. 12. Suggestions for future agenda items None. 13. Adjournment — at 12:40 p.m.