HomeMy WebLinkAbout03. Receive memorandum from District Counsel regarding request to use standing items on Committee agendas 3■
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Central Contra Costa SanitaryDistrict
April 17, 2017
TO: REAL ESTATE, ENVIRONMENTAL & PLANNING COMMITTEE
FROM: ROGER S. BAILEY, GENERAL MANAGER
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SUBJECT: PROCEDURE FOR USE OF STANDING ITEMS ON COMMITTEE
AGENDAS
At the February 17, 2017 meeting of this Committee, a request was made for standing
items to be placed on future agendas so they could be discussed at every meeting.
Attached is a memorandum from District Counsel Kent Alm pointing out several issues
of concern regarding the use of standing items and recommending an approach for
their use.
On a separate but related subject, when the Board held its Board Self-Assessment
Workshop on February 16, 2017, facilitated by Brent Ives, Mr. Ives recommended that
the Board consider adopting Committee protocols and, where there is consensus,
memorializing them in writing. Mr. Ives is scheduled to meet with the Administration
Committee in May to follow up on items raised during the Workshop, including proposed
Committee protocols. It would be appropriate to include the issue of standing items and
Counsels recommended approach to using them in that discussion.
The full Board is scheduled to consider adopting Committee protocols when Mr. Ives
addresses the July 6, 2017 Board meeting in follow-up to the Workshop.
Attached Supporting Document:
1. April 11, 2017 Memorandum from District Counsel
ATTACHMENT 1
555 12th Street,Suite 1500 Kenton L.Alm
Oakland,California 94607 Attorney at Law
tel(510)808-2000 Direct Dial:(510)808-2081
fax(510)444-1108 kalm@meyersnave.com
www.meyersnave.com
meyers a
MEMO RAN r;
DATE: April 11, 2017
TO: Real Estate, Environmental & Planning 1
FROM: Kenton L. Alm, District Counsel
RE: Procedure for Use of Standing Items on Committee Agendas
ISSUE: Consideration of alternative procedures for use of standing agenda items on
committee meetings.
From time to time. Committee Members have requested that standing items be placed on
Committee agendas to allow discussion on that topic at every meeting. Most recently, a
request was made by a member of the Real Estate, Environmental & Planning (BEEP)
Committee to add several standing items to REEP Committee agendas. The purpose of this
memorandum is to point out several issues of concern with the use of standing items and to
offer some alternatives for consideration.
Staff, in consultation with the General Manager, has identified an issue with the current
process and procedure for adding standing items to committee agendas. In particular, from
time to time,there are some Board Committee Members that prefer to have standing items
listed on each agenda, in order to allow discussion on that topic at every meeting of that
committee. As a result, certain standing items have appeared on committee agendas in the
past without any description of the action or discussion issues which potentially are to occur.
This creates several issues that staff hopes to address with a revision to the existing process.
First, without a description of the action being taken, members of the general public viewing
the agenda lack the detail needed to be informed of the action being taken by the committee,
if any. The Brown Act requires the agenda include a"brief general description of the item.""
(Government Code section 54954.2(a)(1).) The lack of details raises Brown Act concerns,
but more generally. creates issues of transparency.
In addition, having standing items that may or may not result in committee questions or
discussion can present staffing concerns. Staff has expressed concern that more direction is
needed from the committee in advance of meetings in order to properly prepare for a
discussion or presentation on the standing item. Staff has expressed feeling caught off guard
with respect to some standing items where it was unclear prior to the meeting what, if any,
discussion would take place, or which specific staff members would be needed at the meeting
to speak to the details on a standing item. For these reasons, among others, staff believes it
would be appropriate to implement procedures to better address these public notice and
staffing concerns.
The first alternative is to not use standing items. Standing items could be eliminated from
the agenda and the item listed when there is clear direction from the committee regarding
what action or discussion would be considered at the meeting. If there is direction from the
committee on the need for a report, discussion or other action, the item would then be added
to the agenda with an appropriate description. However, absent direction or request from the
committee,the item would not appear on every agenda and no staff report or presentation
would be provided unless the matter is listed.
An alternative approach would be to include standing items with some description indicating
the nature of the actions contemplated. The agenda would indicate whether there will be a
report or presentation and what would occur. Staff would then continue to include the
standing item on each agenda, however with a more specific description such as the
following:
• [SUBJECT] —Brief Oral Update on Informational only. No Direction
Requested.
• [SUBJECT] —No Report or Discussion Planned. No Specific Staff to be Present.
• [SUBJECT] —Written Report Attached. No Presentation. Informational only.
• [SUBJECT] —Written Report Attached. Staff Present to Answer Questions.
Informational only.
• [SUBJECT] -- Staff Update or Report. Seek Direction from Committee regarding
In adopting this latter alternative, Central San would increase transparency by providing a
little more detail regarding what action or discussion would take place on standing items.
Additionally, this alternative would provide some efficiencies in use of staff time as
additional staff would not be present unless the indicated action so required. Staff could then
be better prepared to make a presentation or answer questions on the specific reports or
discussion items mentioned in the meeting notice.
Staff intends to proceed with the latter alternative approach to include standing items on
committee agendas. The agenda notice will include a brief description of this anticipated
action or state that no report or other action is contemplated at that meeting.
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