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Item b.
k�*k CENTRAL SAN
CENTRAL CONTRA COSTA SANITARY DISTRICT1
March 2, 2020
TO: HONORABLE BOARD OF DIRECTORS
FROM: DONNAANDERSON, ASSISTANT TO THE SECRETARY OF THE DISTRICT
KATIE YOUNG, SECRETARY OF THE DISTRICT
REVIEWED BY: TEJI O'MALLEY, HUMAN RESOURCES MANAGER
KENTALM, DISTRICT COUNSEL
ROGER S. BAILEY GENERAL MANAGER
SUBJECT: GENERAL REVIEW OF BOARD MEMBER COMPENSATION AND
BENEFITS
At the March 21, 2019 public hearing for annual review of Board Member compensation and benefits, the
Board requested to take an in-depth look at Board compensation and benefits at this workshop.
Specifically, the following items were requested:
1. Remove Inland Empire from the list of agencies surveyed annually.
2. Include data on total Board compensation, including stipends and health insurance.
3. Provide information on stipends paid to Central San Board Members.
4. Consider Member Nejedly's comment that the meeting stipend should not be so low as to be a
deterrent from running for the Board.
Staff has prepared the attached material to help facilitate the Board's discussion.
PUBLIC HEARING:
The 2020 public hearing on Board Member compensation and benefits will be scheduled for April 2.
RECOMMENDED BOARD ACTION:
No official action is being asked of the Board at the workshop; however, to the extent any additional
background information is desired prior to the April 2 public hearing, staff wishes to be advised.
ATTACHMENTS:
1. Board Member Compensation and Benefits - 2020
Exh A- History of Review of Board Compensation and Benefits (1986-Present)
Exh B - Stipends Paid (2016-2019)
Exh C -2020 Survey of Special District Board Member Compensation and Benefits
Exh D -2020 Survey of County Supervisors/City Council Compensation and Benefits
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Exh E - 2020 Survey of Other Special Districts
Exh F -2020 Comparison of Special District Meeting Stipends
Exh G - 2020 Comparison of Maximum Monthly Stipends/Meeting Compensation
Exh H - Meyers Nave Special District Board Member Compensation Guide (Oct. 2019)
Exh I - DSRSD Press Release
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ATTACHMENT 1
BOARD MEMBER COMPENSATION AND BENEFITS
2020
OVERVIEW
An array of options is available to sanitary district boards when considering their compensation
and benefits as board members. The amount of the meeting stipend is one component.
Determining what constitutes a compensable activity (one that merits a meeting stipend and/or
payment of expenses) is also within the Board's purview. Beyond that, the Board has options
regarding benefits, including medical, dental, vision and life insurance. All these options are
subject to governing statutes applicable to sanitary districts.
Provided below and in the attached exhibits are:
• Current and historical information regarding Central San's meeting stipend,
• A summary of the benefits currently provided to Central San Board Members and the
cost of those benefits,
• Industry survey data regarding compensation and benefits for board members, and
• Additional information relevant to this topic.
A separate but related discussion as to the determination of what constitutes a compensable
activity is the subject of the next item on this agenda.
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I. COMPENSATION
A. MEETING STIPEND
Meeting Stipend
Board Members receive a meeting stipend for each Board and Committee meeting they attend,
in accordance with District Code Section 2.04.030 Compensation of Board Members. Board
Members are also compensated with a meeting stipend for their service as a District liaison or
as a representative to certain outside agencies, which are listed in the Board Compensation
Resolution (to be discussed as part of the next agenda item).
The stipend is limited to no more than one meeting per day and six meetings per calendar
month, as stipulated in Section 6489 of the Health and Safety Code (H&SC) and Section 20202
of the California Water Code.
Current Stipend
The last Board action to change the stipend was in 2012 when Ordinance No. 270 reduced the
stipend from $221 to its current $185. A history of the changes to the stipend since 1986 is
included as Exhibit A.
The average number of monthly stipends paid to each Board Member from 2016 through 2019
was 4.22 (compared to a maximum allowable of six). The average total stipend paid to all five
Board Members combined during that four-year period was $46,851 per year, for an average
income of$781 per Board Member per month. See Exhibit B for the detail supporting these
calculations. For illustrative purposes, if every Board Member were to receive six stipends per
month at the current stipend level of$185, the maximum would be $5,550 per month, or
$66,600 per year, and the monthly income from stipends per Board Member would be $1,110.
Adjustments to Stipend
The meeting stipend may be adjusted in accordance with the Water Code and H&SC, which
allow the Board to increase the stipend by 5% per year from the operative date of the last
adjustment. Since Central San's last adjustment was in 2012, the current $185 stipend may be
increased by 40% (not compounded), up to $259, as shown below:
Current Multiplier for Maximum Allowable
Year Stipend 5% Increase Increase
2012 Stipend last adjusted from $221 to$185
2013 $185 1.05 $194.25
2014 $185 1.10 203.50
2015 $185 1.15 212.75
2016 $185 1.20 222.00
2017 $185 1.25 231.25
2018 $185 1.30 240.50
2019 $185 1.35 249.75
2020 $185 1.40 259.00
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If the stipend were to be increased to $259, the maximum payable for all five Board Members
combined would be $7,770 per month, or$93,240 per year, and the maximum stipend income
per month for each Board Member would be $1,554.
Any change in stipend amount must be accomplished by ordinance.
B. REIMBURSEMENT FOR JOB-RELATED EXPENSES
Conference Expenses
Central San pays registration, travel and other expenses for Board Members to attend various
conferences throughout the year. Board Members are also reimbursed for meals up to the daily
per diem amount, and for mileage and expenses in accordance with Board Policy No. BP 008 -
Travel Expense Reimbursement Policy and its associated Administrative Procedure No. AP 008.
Mileage
Board Members are eligible for mileage reimbursement for traveling to qualifying events, such
as Board liaison meetings; however, in 2016 the Board eliminated mileage reimbursement for
traveling to Board and Committee meetings.
Other Job-Related Expenses
Any expenses incurred by Board Members to attend functions related to their job as a Board
Member are either paid on their behalf in advance or reimbursed afterward. These types of
expenses typically involve registration fees and/or meals for various community events that
relate to Central San business or are of interest and value to the District.
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II. BENEFITS
Effective January 1, 1995, the Legislature enacted Government Code Section 53208.5. Group
Insurance to provide a uniform limit on the health and welfare benefits for members of
legislative bodies. The limitations are: (1) that the benefit be from a "group policy," and (2) that
the benefit cannot be any greater "than the most generous schedule of benefits being received
by any category of nonsafety employees." Since all employees at Central San are nonsafety
employees, that means so long as the same benefit or a more generous one is provided to
Managers or any other bargaining group, then this benefit to active Board Members is legally
permissible.
Notwithstanding the above, neither Board Members nor employees are eligible to receive
multiple benefits from two or more public agencies that are more generous than a schedule of
benefits received by any employee for "concurrent service."
Central San currently offers the following group insurance coverage to Board Members:
A. GROUP INSURANCE BENEFITS
Medical Insurance
Medical coverage is available to all Board Members, their spouse/registered domestic partner,
and qualified dependents. Board Members may select any plan that is offered by CalPERS,
except for PORAC, which is a plan that is only open to members of the Peace Officers Research
Association of California. The coverage is the same as that offered to employees. Central San
pays 100% of the premium cost, up to the family rate, of the "core" plans for Board Members.
Monthly Premium Rates for CaIPERS Core Plans
(Effective January 1-December 31, 2020)
Kaiser Permanente Health Net SmartCare
Single $ 768.49 $1,000.52
Dual $1,536.98 $2,001.04
Family $1,998.07 $2,601.35
If a non-core plan is selected, Board Members and employees pay the difference between the
highest cost core plan and the plan selected. If a plan is selected that costs less than either of
the core plans, the difference will not be reimbursed.
Dual Coverage - Health Flexible Spending Arrangement Option
Upon proof of outside medical coverage, Board Members may waive District medical coverage
and participate in Central San's Section 125 Cafeteria Plan (Health Flexible Spending
Arrangement). Participation is voluntary. Central San will contribute $41.66 per month into a
Flexible Spending account for each participant (contributions are limited under the Affordable
Care Act to $500 per year).
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Board Members may either receive health coverage or participate in Central San's Health
Flexible Spending Arrangement option, but not both. Currently, no Board Members are
participating in this option.
Dental Insurance
Central San's group dental insurance is provided by Delta Dental of California. The coverage is
the same as that offered to employees. Central San pays 100% of the premium, at a maximum
cost of$189.90 per month for family coverage.
Vision Insurance
Because vision coverage is not included with CaIPERS medical plans, Central San has contracted
with VSP to provide vision benefit services to employees and Board Members. This benefit
provides for an annual eye exam, as well as a benefit allowance for prescription glasses and
contact lenses. Central San pays 100% of the premium, at a maximum cost of$17.70 per
month for family coverage.
Life Insurance
Board Members are automatically enrolled in Central San's life insurance plan through Voya for
$50,000 of term life with Accidental Death and Dismemberment coverage with limits equal to
the life insurance amount. An eligible dependent spouse has $1,500 of coverage; an eligible
dependent child up to age 26 has $1,000 coverage. The coverage also entitles employees and
Board Members to the following additional services at no cost: Funeral Planning and Concierge
Services, Estate Guidance and Will Services; Beneficiary Assist Counseling Services, and Travel
Assistance and Identity Theft Protection Services. Central San pays 100% of the premium, at a
maximum cost of$17.05 per month for family coverage.
B. GROUP INSURANCE COSTS
Effective March 1, 2020, all five Board Members will be enrolled in the District's health and
benefit plans, one with single coverage, three with dual coverage, and one with family
coverage. The premium costs for all Board Member benefits (medical, dental, vision, and life
insurance) as of March 1, 2020 will be $8,599.68 per month, or$103,196.16 per year.
C. SURVIVOR BENEFITS UPON DEATH IN OFFICE
Prior to the transition to CaIPERS, if a Board Member died while in office, his or her eligible
dependent(s) could to receive medical and dental benefits equal to the length of time served as
a Board Member with Central San, or until such time that a spouse remarries or dependents no
longer qualify for benefits under District policies.
Since the transition to CaIPERS, a Board Member's surviving spouse and eligible dependent(s)
will continue to receive the same level of medical, dental and vision coverage as was in effect at
the time of a Board Member's death. A surviving spouse would receive coverage for life
(including if he or she remarries) and any dependent children would receive coverage for as
long as the plan allows. However, no new dependents may be added.
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D. BENEFITS UPON SEPARATION FROM SERVICE
The transition to CalPERS brought some changes to the eligibility for benefits after a Board
Member is no longer serving in that capacity for Central San. Prior to joining CalPERS, Board
Members who were elected after January 1, 1995 and had served more than 12 years on the
Board were eligible for District medical coverage but were responsible for paying 100% of the
premiums pursuant to Government Code Section 53201(c).
Since the transition to CAPERS, Board Members still will be eligible to enroll in CalPERS for
District medical coverage, and the District will pay the PEHMCA (Public Employees Medical and
Hospital Care Act) minimum for Board Members if the following conditions are met:
1. Board Members must contribute (no maximum threshold) to the District's Section 457
Deferred Compensation Plan as an active Board Member.
2. After separation from Central San, the Board Member must be eligible for and elect to
receive those contributions as an annuity. The current Deferred Compensation Plan
provider, ICMA, has an annuity option available for Board Members.
3. Receipt of the annuity must begin within 120 days of separation.
The previous 12-year minimum service period for Board Members no longer applies under
CalPERS to be eligible for the PEHMCA minimum.
The balance of the premium costs beyond the PEHMCA minimum must be borne by the former
Board Member.
Board Members may enroll in dental and vision coverage on a self-pay basis upon separation of
service from Central San; however, they are ineligible to purchase group life insurance.
E. SURVIVOR BENEFITS UPON SEPARATION FROM SERVICE
The surviving spouse of a Board Member who has separated service from Central San is eligible
for the PEHMCA minimum toward medical coverage and must pay any premium costs beyond
the PEHMCA minimum. Dental and vision coverage is available on a self-pay basis.
F. OTHER BENEFITS
Section 457 Deferred Compensation Plan
Board Members are required to make a minimum contribution of 7.5% of their compensation
to Central San's 457 Deferred Compensation Plan. (This amount is roughly the equivalent of
Social Security and Medicare taxes.) Board Members may elect to defer all or a portion of their
compensation up to IRS limits. Effective July 5, 2018, the 457 Plan was amended to allow Board
Members a broader range of investment options for their contributions.
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Health and Wellness
Board Members may utilize Central San's employee gym during working hours and may
participate in the Health & Wellness program activities offered to all employees.
Wads
Pursuant to Board Policy No. BP 014—District-Owned Mobile Computing Devices for Board
Members, iPads equipped with a cellular data plan are offered at no cost to each Board
Member to facilitate access to electronic agenda packets. Personal use of the iPads is
permitted at the discretion of the Board Member. Upon conclusion of a Board Member's
tenure, the Wad must either be relinquished to the District or purchased by the Board Member
at current market value.
G. ADDITIONAL INFORMATION
No Pension Benefits
Board Members receive no pension benefits for serving on Central San's Board.
Annual Review of Board Member Compensation and Benefits
In 2012, the Board adopted Resolution No. 2012-018 establishing formal annual public review
of Board Member compensation and benefits to be held during the first quarter of each
calendar year at a properly noticed public hearing. The Board has been conducting annual
reviews via public hearing ever since.
Surveys of Other Agencies
As part of the above annual review process, the Secretary of the District surveys other local
agencies and prepares a comparison chart of compensation and benefits. Because some of
these local agencies are governed by different compensation statutes than sanitary districts,
and to provide as broad-based survey data as possible this year, staff expanded its survey to
include 10 other sanitary districts in California that had not been surveyed in the past. The
survey results are shown in Exhibits C- E.
Comparisons of Stipends with Other Agencies
Exhibit F compares Central San's current stipend with those paid by other special districts.
Exhibit G compares the maximum monthly stipend for all the special districts and cities
surveyed by staff.
Meyers Nave Special District Board Compensation Guide
In October 2019, Richard Pio Roda of Meyers Nave prepared a Special District Board Member
Compensation Guide that was recently published by the California Special Districts Association.
This guide has been provided as Exhibit H, which addresses the statutory authority of board
compensation, the maximum compensation which may be received and how it could be
increased, considerations for expense reimbursement, and what benefits the board may
receive.
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Is a Flat Rate Monthly Stipend Allowed?
Over the years, several Board Members have raised the idea of converting to a flat rate
monthly stipend. Current laws applicable to sanitary districts do not allow this option. (Other
special districts that have a flat rate stipend are most likely governed by different statutes than
are sanitary districts.) District Counsel Kent Alm has commented in the past that Central San
could pursue new legislation that would allow a flat rate stipend for special districts, adding
that it would take time and monetary resources to pursue that course.
DSRSD—Recent Compensation Press Release
The Dublin San Ramon Services District (DSRSD) recently issued a press release that it raised its
meeting stipend from $146 to $195. The rationale for the increase was to attract qualified
candidates for DSRSD's upcoming election in November. See Exhibit I.
District Counsel will be available for questions at the workshop, and staff will be available if
needed.
Summary of Exhibits
A. History of Review of Board Compensation and Benefits (1986-Present)
B. Stipends Paid (2016-2019)
C. 2020 Survey of Special District Board Member Compensation and Benefits
D. 2020 Survey of County Supervisors/City Council Compensation and Benefits
E. 2020 Survey of Other Special Districts
F. 2020 Comparison of Special District Meeting Stipends
G. 2020 Comparison of Maximum Monthly Stipends/Meeting Compensation
H. Meyers Nave Special District Board Member Compensation Guide (Oct. 2019)
I. DSRSD Press Release
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Exhibit A
HISTORY OF REVIEW OF BOARD COMPENSATION AND BENEFITS
1986- Present
Date of Compensation
Review Reviewed Reviewed By Action Comments
3/21/19 Annual review of Board at public No change to Member Nejedly cautioned that
Board hearing compensation or benefits stipend should not be so low as to
compensation and (unanimous). deter qualified candidates from
benefits running; and the Board requested
to take a more focused look at
Board Member compensation and
benefits at the 2020 Board Self-
Evaluation Workshop.
4/26/18 Revisit annual Board at No change to Member Causey wanted to reduce
review of Board regular compensation or benefits stipend and consider other options.
compensation and meeting (4-1; Causey, no).
benefits, as
requested 3/15/18
3/15/18 Annual review of Board at public No change to Member Causey, with Member
Board hearing compensation or benefits Nejedly's support, inquired about
compensation and pending receipt of implementing a flat monthly
benefits historical information on stipend to limit compensation and
payment of stipends at save staff time. This is not allowed
future meeting under the Health & Safety Code for
(unanimous). sanitary districts.
3/16/17 Annual review of Board at public No change to
Board hearing compensation or benefits
compensation and (unanimous).
benefits
3/17/16 Annual review of Board at public No change in stipend but
Board hearing eliminated separate
compensation and mileage reimbursement
benefits (unless related to a
conference, which is
covered under Travel
Policy) (3-2; McGill and
Nejedly, no).
3/19/15 Annual review of Board at public No change to
Board hearing compensation or benefits
compensation and (4-0; Nejedly absent).
benefits
3/20/14 Annual review of Board at public No change to
Board hearing compensation or benefits
compensation and (4-0; Causey absent).
benefits
3/21/13 Annual review of Board at public No change to
Board hearing compensation or benefits
compensation and (unanimous).
benefits
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HISTORY OF REVIEW OF BOARD COMPENSATION AND BENEFITS
1986- Present
Date of Compensation
Review Reviewed Reviewed By Action Comments
3/1/12 Annual review of Board at public Unanimously:
Board hearing (1)Adopted Ord. 270
compensation and reducing stipend from $221
benefits to$185[eff. 5-3-12];
(2) Elected to review other
compensation and benefits
once 2012 labor
negotiations concluded;
and
(3)Adopted Reso. 2012-
018 establishing a formal
annual public review to be
held during the first
quarter of each calendar
year at a properly noticed
public hearing.
6/16/11 Health Board at Adopted Reso. 2011-024
Care/Flexible regular approving Board
Spending HFSA meeting participation in the
District's Cafeteria Plan
(Health Flexible Spending
Arrangement) in lieu of
medical coverage (4-0;
Menesini absent).
4/21/11 Received Grand Board at Board-approved response Per Grand Jury Report,the types of
Jury Report 1104 regular sent 7/10/11 compensation to be reviewed
"Elected Board meeting include: salary, meeting fees
Membership" (stipends), health care insurance
(compensation) costs, pension, deferred
compensation, life insurance
premiums, cell phone usage, and
internet connections.
8/6/09 Stipend Board at public Considered increasing
hearing stipend from $221 to$243
to capture the permitted
increases not taken in 2008
and 2009. Motion failed
(2-3; Lucey, McGill—ayes;
Hockett, Menesini, Nejedly
—noes).
7/13/09 Stipend Budget & Considered whether a Committee took no action, but
Finance public hearing should be item was set for public hearing on
Committee set to revise the $221 8/6/09.
stipend in light of finding
that Board Members must
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HISTORY OF REVIEW OF BOARD COMPENSATION AND BENEFITS
1986- Present
Date of Compensation
Review Reviewed Reviewed By Action Comments
pay past year's Medicare
taxes that the District failed
to withhold.
2/5/09 Stipend Board at public Consensus was to table the Agenda backup included survey of
hearing matter for at least one year nearby sanitary districts.
due to economic climate.
2/15/07 Stipend Board at public Adopted Ord. 241
hearing increasing stipend to$221
(30% increase) and
establishing annual
compensation review as
part of budget process
(unanimous).
12/21/00 Stipend Board at public Adopted Ord. 215 adjusting Member Nejedly preferred
hearing stipend from $100 set in monthly stipend but District
1986 to$170) (4-1; Counsel said not allowed under
Nejedly, no). Health & Safety Code.
12/18/86 Stipend Board at public Adopted Ord. 161 setting Effective 1/1/87, CA Health &
hearing meeting stipend at$100, Safety Code was amended to
eff. 1/1/87 (unanimous). increase stipend from $75 to $100
per meeting and increase the
number of days from four to six per
month.
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Exhibit B
STIPENDS PAID-- 2016-2019
Annual Totals:
Stipends Paid to all Board Members 246 260 263 244 253.25
Annual Spend $45,510 $48,100 $48,655 $45,140 $46,851
Monthly Averages:
Stipends Paid per Board Member 4.10 4.33 4.38 4.06 4.22
Monthly Spend per Board Member $759 $802 $811 $752 $781
2019 STIPENDS PAID BY BOARD MEMBER*
Month Causey * McGill * Nejedly * Pilecki * Williams
Stipends Paid Stipends Paid Stipends Paid Stipends Paid Stipends Paid
January 6 1 6 2 6 1 4 6 1
February 3 3 3 3 3
March 3 5 5 4 4
April 4 5 3 4 5 4
May 3 4 3 4 4
June 4 5 1 4 4 1 4
July 3 1 4 1 4 4 1 3 1
August 3 1 5 1 3 1 3 1 3 1
September 3 1 6 5 5 3
October 3 5 1 3 6 3
November 2 6 6 6 4
December 5 3 1 4 4 1** 2
TOTAL 42 4 57 10 50 2 52 3 43 3
1**
*No stipend is payable for second meeting on same day or more than 6 meetings per calendar month;
those marked as unpaid fall into these two categories.
**Stipend declined for Mt. View Sanitary District staff presentation.
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2018 STIPENDS PAID BY BOARD MEMBER*
Month Causey * McGill Nejedly Pilecki Williams
Stipends Paid :S Stipends Paid :S Stipends Paid Stipends Paid :S Stipends Paid
January 4 6 1 4 4 4 1
February 5 5 4 2 3
March 6 1 6 3 6 1 5 1 4
4** 3**
April 2 1 5 1 4 1 3 1 3 1
1** 1**
May 6 5 1 4 4 4 1
June 6 5 1 4 3 3
July 4 1 5 2 3 3 3
August 6 6 2 6 6 5
September 1 1 6 3 5 6 1 4
October 3 6 3 4 1
November 5 6 1 4 4 1** 4
December 6 1 6 1 4 4 1** 5
TOTAL 54 5 67 16 51 2 48 3 43 3
5** 4** 2**
*No stipend is payable for second meeting on same day or more than 6 meetings per calendar month;
those marked as unpaid fall into these two categories.
**Stipend declined for either plant tours or Mt. View Sanitary District staff presentation.
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2017 STIPENDS PAID BY BOARD MEMBER*
Month Causey McGill Nejedly * Pilecki Williams
Stipends Paid :S Stipends Paid :S Stipends Paid Stipends Paid :S Stipends Paid
January 4 5 4 3 3
February 4 1 4 2 4 1 5 1 4 1
March 4 4 3 4 3
April 5 6 1 4 5 4
May 6 1 6 1 3 5 1 5
June 6 3 1 5 3
July 5 4 5 5 3
August 5 5 4 5 4
September 4 5 4 5 3
October 5 5 1 4 4 4
November 5 1 6 1 5 5 3
December 6 2 4 3 6 4
TOTAL S9 S S7 6 44 1 S7 2 43 1
*No stipend is payable for second meeting on same day or more than 6 meetings per calendar month;
those marked as unpaid fall into these two categories.
C: Program Files(x86)�neevio.com�docConverterPro�temp�NVDC�53B06225-383A-424A-A6DC-19002DD1298D�Central Contra Costa Sanitary
District.5852.1.NUMBER_OF STIPENDS BY BOARD_MEMBER_(Since_2016).doc
March 2, 2020 Special Board Meeting Agenda Packet- Page 19 of 69
Page 17 of 38
2016 STIPENDS PAID BY BOARD MEMBER*
Month Causey McGill Nejedly Pilecki Williams
Stipends Paid :S Stipends Paid :S Stipends Paid Stipends Paid :S Stipends Paid
January 5 3 3 4 2
February 4 6 3 5 4
March 5 5 3 4 4
April 4 6 2 4 4 4
May 5 1 6 1 3 5 1 5
June 4 5 2 4 4
July 4 6 1 3 4 4
August 2 5 1 2 4 1 5 1
September 4 2 4 2 1 4 2 3
October 5 6 3 4 4
November 5 1 6 2 5 6 2 5
December 4 4 1 2 4 1 2
TOTAL S1 4 62 8 3S 1 S2 7 46 1
*No stipend is payable for second meeting on same day or more than 6 meetings per calendar month;
those marked as unpaid fall into these two categories.
C: Program Files(x86)�neevio.com�docConverterPro�temp�NVDC�53B06225-383A-424A-A6DC-19002DD1298D�Central Contra Costa Sanitary
District.5852.1.NUMBER_OF STIPENDS BY BOARD_MEMBER_(Since_2016).doc
March 2, 2020 Special Board Meeting Agenda Packet- Page 20 of 69
Survey of Special District Board Members Compensation and Benefits, January 2020
Medical Dental Life Insurance Agency
Stipend/Max. Provides
Cell Computers
Agency Compensable Board Member/ Board Member/ Board Member/ Pension Deferred Comp Car 1 Mileage Phone /iPads Primary
Mtgs Benefits or
Spouse/Family Spouse/Family Spouse
Compensation
Active Members of
the Board of Directors
may participate in the
health benefits plan
provided by the
District as a non-
PERS member District
Castro Valle $22x230 per through the CalPERS
Valley meeting/ provides four
Sanitary 9 System,and/or Dental Board member No No No District No No Board No
6 meetings per plan provided member pays entire cost contribution Members
District month pays 100%of
premium cost less the with tablets
amount listed in
Section 4035.5 in
Senate Bill 1464,
Chapter 896,Chapter
Date September 26,
2002.
Central San
participates in
CalPERS Healthcare
with a maximum
contribution of Central San pays
$2,601.35/month for premium for u to Central San
$185 per meeting/ p p Central San pays family coverage,and P Y
family coverage premium for No Central San Mileage provides
Central San a maximum of for Delta Dental p No No iPads for Yes
6 meetings per reimbursed for
month(max$1,110 $17.70/month for VSP PPO(maximum $50,000/$1,500 contribution Board
vision family premium- policy conferences Members
$189.90/month)
per month) coverage. y
Cafeteria Plan offered
in lieu of medical
coverage.
Page 1 of 5
March 2, 2020 Special Board Meeting Agenda Packet- Page 21 of 69
Survey of Special District Board Members Compensation and Benefits, January 2020
Medical Dental Life Insurance Agency
Stipend/Max. Provides
Cell Computers
Agency Compensable Board Member/ Board Member/ Board Member/ Pension Deferred Comp Car 1 Mileage Phone /iPads Primary
Mtgs Benefits or
Spouse/Family Spouse/Family Spouse
Compensation
No District
contribution.
Joined Board prior
to 1/1/13— Mileage
Contra Costa $100 per meeting/ Directors reimbursed for
Water District pays premium contribute 1%to business
(vested vested
District 10 meetings per up to the Kaiser family District pays the related
month coverage for District pays for after 10 ears of No District
premium for Delta y meetings, No No Yes
(January (one meeting fee CalPERS Health Net SmartCaKaiser Dental Dental for family $10,000 policy service); contribution events,and
2020-NO maximum paid or PERS Choice. Joined Board on or conferences at
Changes) per day) after 1/1/13— IRS standard
Directors rate
contribute 50%of
normal plan cost
(vested after 5
years of service)
Yes. By
Administrative
$170 per meeting/ y 4030,
District pays premium Board lcMembers
Delta Diablo Approx.20 for CalPERS Medical District pays District pays cannot collect
meetings per year (HMO or PPO)up to benefits from
(Janna premium for up to premium for No District
rY the greater of either No No No another public
2020-NO (1 Board meeting the Blue Shield or family coverage; $125,000/$2,000 contribution agency,and do
Changes) per month+about 8 Kaiser HMO family Self-insured Plan policy not.All Board
Committee r
meetings per year) ate Members elect
to receive
coverage only
from the District.
Page 2 of 5
March 2, 2020 Special Board Meeting Agenda Packet- Page 22 of 69
Survey of Special District Board Members Compensation and Benefits, January 2020
Medical Dental Life Insurance Agency
Stipend/Max. Provides
Cell Computers
Agency Compensable Board Member/ Board Member/ Board Member/ Pension Deferred Comp Car 1 Mileage Phone /iPads Primary
Mtgs Benefits or
Spouse/Family Spouse/Family Spouse
Compensation
Mileage to and
The District from a
matches Board destination
No-9iresters Member more than 15
Board Members contributions to miles from the
are not eligible to 457 Plan by District office
participate in the 25%,up to$10 using private
District pays for District's CalPERS per calendar automobiles is
premium up to$780 retirement month-provided reimbursed.
$446-195 per day District pays This applies so
Dublin San (Board Member only), program,or retiree that a director
for each day of premium for� District pays for long as the
Ramon service to the $1,560(Member+1 full Board up to$50,000 benefits,unless voluntarily amount
Services District,up to a Dependent),$2,028 Member and basic life they were first contributes at calculated does No Yes Yes
(Member+2 elected or least$20 per
District maximum month thf 10 dependents Dependents);rates eligible insurance appointed to the month,the not exceed the
days per moset by resolution Board prior to July District matches cost of pre-
annually 1, 1994,in that contribution purchased
accordance with up to$10 per round-trip
coach class
California month or 25%of
Government Code the monthly airfare plus
Section 20322(c). contribution, ground
whichever is transportation
less. that would be
incurred for the
same trip.
District pays for District
$ 1,367p er premium for up to NeDistrict provides
month(effective Kaiser Family. District Directors o
contribute 8.75/o provides iPads for cell Directors
February 1, pays full premium for of their salary mfleageNo car, hones if who want
281-92020 and 2 Health yet a ,� ry on a reimbursed
p
n.thpr C for+tif r+tio pre-tax basis and requested. them
East Bay meetings per month District pays full the District mileage for Usage of (currently 4).
9ireeter OR' premium for o business
contributes 37.86/o No District personal For those
Municipal Max.number of
andDirector only for: Director and No related Yes
Utility compensable Sutter Health Plus eligible (as of jaRuaFy contribution meetings, device,if who use
District meetings may vary 2D4%.—Directors requested their
9 Y ry HMO or HDHP Blue dependents events,
but could be u to are eligible to retire Director personal
p Cross PBC or CDHP. conferences at
11 per month based Rrequires 15% at age 54 with IRS standard will iPads if
on committee or premium contribution minimum of five rate receive requested,
JPA assignments for double and family years of service. $50 the District
coverage. stipend pays a$50
stipend.
Page 3 of 5
March 2, 2020 Special Board Meeting Agenda Packet- Page 23 of 69
Survey of Special District Board Members Compensation and Benefits, January 2020
Medical Dental Life Insurance Agency
Stipend/Max. Provides
Cell Computers
Agency Compensable Board Member/ Board Member/ Board Member/ Pension Deferred Comp Car 1 Mileage Phone /iPads Primary
Mtgs Benefits or
Spouse/Family Spouse/Family Spouse
Compensation
Fairfield- District pays health
Suisun expense
Yes,if
$147.32 per participating
Sewer reimbursement of No. The City
Districtmeetin /6 g meetings See medical in the$6,617 per calendar provides primary
year(increased every health expense No No No District No No paperless benefits as the
per month.Can be Januaryby CPI-W for contribution request a Board Members
(NO increased any year Oakland reimbursement agenda and serve as the City
Response by Board action. Metropolitan area 12 Council.
January months ending in loaner iPad
2020) October of each year)
Existing Board Members are frozen at 2012
IrOnhOUSe rate of District paid premium for up to
Kaiser Family;Board Member is Mileage and
Sanitary responsible for any increase above that rate Optional,if parking aid
$170 per meeting/ going forward for medical,dental and p p g p
District g g chosen to enroll, when attending
er
6 meetingsvision. New Board Members are covered No No No No Yes
p cost to District conferences for
(January month for self only at Kaiser rate. Any increase
2020-No above the rate of medical coverage,dental $10/mo. District
or vision during the first year of service or business
Changes) family coverage shall be paid by the
Director.
Mt.View District pays up to
Sanitary $1,281.21 for Board
District $226.60 per Member and family.
meeting/ Coverage is through No District
(NO PERS. (PERS No No No contribution No No Yes
6 meetings per requires participation
Response month in a District-sponsored
January retirement plan. See
2020) Deferred Comp)
Page 4 of 5
March 2, 2020 Special Board Meeting Agenda Packet- Page 24 of 69
Survey of Special District Board Members Compensation and Benefits, January 2020
Medical Dental Life Insurance Agency
Stipend/Max. Provides
Cell Computers
Agency Compensable Board Member/ Board Member/ Board Member/ Pension Deferred Comp Car 1 Mileage Phone /iPads Primary
Mtgs Benefits or
Spouse/Family Spouse/Family Spouse
Compensation
No. Two
Napa Members serve
Sanitation on the City
District $218 per meeting/ District pays $20 Mileage Council,and one
No District reimbursed for serves on the
6 meetings per No No premium for No contribution conferences N/A allowance Board of
(January month $28,000 policy for iPad fees
2020-NO and trainings Supervisors.
Those entities
Changes) provide primary
benefits.
Yes,but one
Member serves
on East Bay
District pays premium Dischargers
District pays
Oro Loma $260 per meeting/ for up to two-party o Yes,if Authority
premium for up to 6.32/o of salary- Mileage
highest CaIPERS plan requested by (EBDA),and
Sanitary 6 meetin s er ($266 f r family coverage No No District reimbursed per No
9 p �-,� Board another serves
District month 299($2,369.68 for Delta Dental contribution IRS rate Member on the Alameda
2020) ($138.17/mo.)
County Waste
Management
Authority(Stop
Waste Board).
District pays up to$1025.621120.62 per District pays for Yes,but one
$212.10 per month for Board Member only; coverage of Mileage member serves
Union meeting/ $2818,962205.99 per month for Board $10,000 for reimbursed for District on EBDA and is
SanitaryMember+1;$24A2 902712.76 per month Board Member; No $50/month travel related to No provides compensated by
Max of 1 meeting p
District per day and 6 for Family for medical,dental,vision; $5,000 for trainings/ iPads to the EBDAdirectors Commission for
meetings per month allocated as follows: 100%dental, 100% spouse and conferences s meetin
vision,and balance to medical plans dependents g
attended.
District pays
Medical:District contributes up to state premium for
U to$265.35 per contribution amount(100/90 Formula)fora policy Mileage District
Up p $85,000 olic for
West County meeting/ family; Board Member
Wastewater g o No No District reimbursed per Yes provides Yes
6 meetings per Dental:District pays 90%of actual monthly only. contribution IRS tablets to
District month premium. (Age reduction rate$321month directors
Vision:District pays 100% schedule
applies.)
Page 5 of 5
March 2, 2020 Special Board Meeting Agenda Packet- Page 25 of 69
Survey of Compensation and Benefits for County Supervisors and City Council Members
in Central San Service Area, January 2020
Medical Dental Life Insurance
Stipend/Max. Deferred Computers
City Compensable Board Board Board Member/ Pension Comp Carl Mileage Cell Phone /iPads Other
Mtgs Member/ Member/ Spouse
Spouse/Family Spouse/Family
The City pays
PERS Plan—
Tier 1:2.5%@55,
Tier 2:2%@55,
Reform 2%@62,
APPLICABLE—
only if
elected/appointed
before 11/1/14
PERS City
Contribution FY
499-919/20—
Comprised of Up to$130
Offered same 44,0910.571% per month+
as employees, Offered same Normal Cost- iPad for Council
$ 300 /month who contributed as employees, 26-54-26.129% and Council
Concord flat rate based on plan who contributed No UAL No No. $100 every Committee
and number of based on plan APPLICABLE 2 years for meetings
parties covered and number of only if replacement
parties covered elected/appointed equipment
before 11/1/14
PERS Employee-
paid Member
Contribution:
Tier I:
EE pays 8%
Tier Il:
EE pays 7%
Individual
Councilmembers
may elect to
waive CaIPERS
membership
Page 1 of 4
March 2, 2020 Special Board Meeting Agenda Packet- Page 26 of 69
Survey of Compensation and Benefits for County Supervisors and City Council Members
in Central San Service Area, January 2020
Medical Dental Life Insurance
Stipend/Max. Deferred Computers
City Compensable Board Board Board Member/ Pension Comp Carl Mileage Cell Phone /iPads Other
Mtgs Member/ Member/ Spouse
Spouse/Family Spouse/Family
$85/month
contribution in
addition to
members of the
Board of
Supervisors
may be eligible
for the Special
Contra Costa Benefit $600/month
County $9,736.75 Offered such other benefits as provided to other exempt management $25/$150 car allowance
Board of monthly base employees. based on their plus out-of-
Supervisors date of hire. district mileage
reimbursement
They also
receive an
annual$12,000
deferred
compensation
contribution.
Danville Eligible to
participate at Computers
Eligible to 0
No No
own expense or 3.75/a from the available to use
(January $675/month be reimbursed Participate at No No Town at the Town No
2020-No $208/month for own expense
Office
Changes) flex spending
Lafayette
Eligible for iPads for
(January $0 No No No No No mileage No Council meeting
2020-No reimbursement agenda packets
Changes)
Page 2 of 4
March 2, 2020 Special Board Meeting Agenda Packet- Page 27 of 69
Survey of Compensation and Benefits for County Supervisors and City Council Members
in Central San Service Area, January 2020
Medical Dental Life Insurance
Stipend/Max. Deferred Computers
City Compensable Board Board Board Member/ Pension Comp Carl Mileage Cell Phone /iPads Other
Mtgs Member/ Member/ Spouse
Spouse/Family Spouse/Family
Medical for
Council
Member and
dependents.
Kaiser and Blue
Qy
Cross. ER CalPERS N0 iPads for
$30,000 per � Some travel
Martinez $585/month flat rate contribution 100%for family official optional Member- unle6s waiving expenses Council meeting
depends on ship aaedisal use only
date elected.
Prior to 1/1/07,
covered at
100%. $in lieu
if waived.
NeEligible for
Moraga $0 No No No No No mileage No No No
reimbursement
Orinda
Eligible for
(January $0 No No No No No mileage No No
2020-No reimbursement
Changes)
Agendas issued
Pleasant Hill Medical via Legislate
coverage Can participate if therefore
they pay the
capped at City $20,000 per Councilmembers
(January $585/month flat rate contribution of N0 official and the survivor employee portion No No No may be issued a
2020-NO 50%of the benefit City iPad or may
Changes) Kaiser rate use a personal
iPad
Page 3 of 4
March 2, 2020 Special Board Meeting Agenda Packet- Page 28 of 69
Survey of Compensation and Benefits for County Supervisors and City Council Members
in Central San Service Area, January 2020
Medical Dental Life Insurance
Stipend/Max. Deferred Computers
City Compensable Board Board Board Member/ Pension Comp Carl Mileage Cell Phone /iPads Other
Mtgs Member/ Member/ Spouse
Spouse/Family Spouse/Family
CaIPERS plan:
City pays
premium for up Mayor is
to family elected official.
San Ramon coverage for Receives
Kaiser or HMO; Optional, $1,038.07/
(January $938.07/month flat Council City pays 100% City pays 100% Optional employee $500/month No No monthly
rate Members will CalPERS contribution car allowance stipend,$600/
2020-NO only month car
Changes) pay difference allowance
over cost of
base plan
Contribution to
single-party
coverage,
member pays If declined Agendas issued
Walnut Creek 15%of single CalPERS,can via Legislate
refo late
Optional therefore
party premium Eligible to participate in $55/month
(January $650/month flat rate and can"buy participate at pays
empRS,loyer
City 401A; car
allow n c technology may b Councilmembers
s
2020-NO up"at own own expense pays employer Councilmember car allowance allowance maybe issued a
expense. Or rate pays 5%,City City iPad or may
Changes) may take$350 pays 2.5% use a personal
to 457 Plan in iPatl
lieu of medical
coverage
Page 4 of 4
March 2, 2020 Special Board Meeting Agenda Packet- Page 29 of 69
Survey of Other Special District Board Member Compensation and Benefits, January 2020
Medical Dental Life Insurance Agency
Stipend/Max. Cell Computers Provides
Agency Pension Deferred Comp Car 1 Mileage Primary
Compensable Mtgs Board Member/ Board Member/ Board Member/ Phone IiPads Benefits or
Spouse/Family Spouse/Family Spouse
Compensation
Central San
participates in
CalPERS Healthcare
with a maximum
contribution of Central San pays
$2,601.35/month for premium for up to Central San
$185 per meeting/ family coverage,and family coverage Central San pays provides
Central San a maximum of for Delta Dental premium for No No Central San Mileage No Pads for Yes
6 meetings per month $17.70/month for PPO(maximum $50,000/$1,500 contribution reimbursed for
VSP vision family policy conferences Board
(max$1,110 per month) y premium- only Members
coverage. $189.90/month)
Cafeteria Plan offered
in lieu of medical
coverage.
Goleta $209.82 per meeting/ No;however,can Mileage to/from
Sanitary participate in Flex No No No 457 Eligibility meetings and No No Yes
District 6 meetings per month Plan conferences
(max$1,259 per month)
Board/Committee
meetings$200/each-
Montecito max 6/month
Sanitary No No No No No No No No No
District Conference/Seminar/Other
$125/day-
max 8 days/year
$65.72 for Board
Member paid by District
Novato $225 per meeting/ District/ Mileage
$200 Health reimbursed for provides
Sanitary No No No Reimbursement If Spouse conferences No iPads for Yes
District 6 meetings per month p Board
covered-paid by only Members
Board Member
Page 1 of 3
March 2, 2020 Special Board Meeting Agenda Packet- Page 30 of 69
Survey of Other Special District Board Member Compensation and Benefits, January 2020
Medical Dental Life Insurance Agency
Stipend/Max. Cell Computers Provides
Agency Pension Deferred Comp Car 1 Mileage Primary
Compensable Mtgs Board Member/ Board Member/ Board Member/ Phone IiPads Benefits or
Spouse/Family Spouse/Family Spouse
Compensation
Ojai Valley $175/meeting iPads for
Sanitary 6 meetings per month No No No No No No No District No
District (not to exceed$1,050) business
$182 Regular Meeting
Rodeo $156 Committee and Mileage District
Sanitary Special Meetings No No No No No reimbursed for No provides No
conferences tablet for
Not to exceed a total of 10
District
days in any calendar only meetings
month
Ross Valley $314 per meeting Travel Expense
Sanitary No No No No No Reimbursement No No No
District 6 meetings per month Only
Sausalito- $160 per meeting/
Marin City No Mileage Only
Max 6 per month No No No No for conferences No No No
Sanitary (not to exceed$960) at IRS rate
District
TSD participates in
CaIPERS Health with
a maximum
contribution of TSD pays
Regionl Basic Family premium for up to
Truckee Plan family coverage
$260/day ($2,239.07/month for through Kansas Mileage
Sanitary coverage) and City Life No No $20.00/month reimbursed per No iPads Yes
a maximum o
District Up to 6 calendar days family g )'f (maximum conference
$550.00/year per premium-
member/qualified $165.08/month)
dependent for vision
coverage(self-
insured policy)
Page 2 of 3
March 2, 2020 Special Board Meeting Agenda Packet- Page 31 of 69
Survey of Other Special District Board Member Compensation and Benefits, January 2020
Medical Dental Life Insurance Agency
Stipend/Max. Cell Computers Provides
Agency Pension Deferred Comp Car 1 Mileage Primary
Compensable Mtgs Board Member/ Board Member/ Board Member/ Phone IiPads Benefits or
Spouse/Family Spouse/Family Spouse
Compensation
As of 1/8/2020: WBSD
West Ba provides
Sanitary $230 per day None None None None None None None tablets No
District Not to exceed 6 days Board
($1,380) Members
Page 3 of 3
March 2, 2020 Special Board Meeting Agenda Packet- Page 32 of 69
Page 30 of 38
Exhibit F
2020 COMPARISON OF SPECIAL DISTRICT MEETING STIPENDS
AGENCY MEETING STIPEND/YEAR(S) MAX NO. OF MTGS
PER MONTH
Ross Valley Sanitary District $314 2020 6
West County Wastewater District $265.35 2015-2020 6
Oro Loma Sanitary District $260 2015-2020 6
Truckee Sanitary District $260 2020 6
Castro Valley Sanitary District $230 2020
$220 2019 6
$200 2015-2018
West Bay Sanitary District $230 2020 6
$226.60 2019*
Mt. View Sanitary District $220 2018 6
$215 2017-2016
$205.07 2015
Novato Sanitary District $225 2020 6
Napa Sanitation District $218 2015-2020 6
Union Sanitary District $212.10 2015-2020 6
Goleta Sanitary District $209.82 2020 6
6
Montecito Sanitary District $200 2020 (Other/conference$125/day;
max. 8 days per year)
Dublin San Ramon Services District $195 2020 10
$146 2015-2019
($??) 2020
Central Contra Costa Sanitary District $185 2012-2019 6
$221 2011
Committee/Special meetings
Rodeo Sanitary District $182 2020 (Regular Meeting) $156; Not to exceed 10
days/month
Ojai Valley Sanitary District $175 2020 6
Delta Diablo Sanitation District $170 2015-2020 Approx. 20 meetings per
year
Ironhouse Sanitary District $170 2015-2020 6
Sausalito-Marin City Sanitary District $160 2020 6
Fairfield Suisun Sewer District $147.32 2017-2019* 6
$143.59 2015-2016
Contra Costa Water District $100 2015-2020 10
$1,367/mo. 2020 (eff. 2/1/20)
East Ba Municipal Utility District $1,317/mo. 2019 2 meetings per month.
Y p Y $1,263/mo. 2017-2018 (Max. number may vary;
$1,218/mo. 2016 could be up to 11 per month
based on assignments)
$1,186/mo. 2015
*Agency did not respond to 2020 survey; 2019 results shown. January 2020
CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\4F04B843-8288-4931-847A-C73C53252318\Central Contra Costa Sanitary
District.5851.1.2020_Board Compensation_Comparison_Survey_Stipend_Results.doc
Page 1 of 1
March 2, 2020 Special Board Meeting Agenda Packet- Page 33 of 69
Page 31 of 38
Exhibit G
2020 COMPARISON OF MAXIMUM MONTHLY STIPEND/MEETING COMPENSATION
(Special Districts, County Supervisors, and Cities in Central San Service Area)
MAXIMUM MONTHLY
AGENCY STIPEND/COMPENSATION
IM (Rounded)
Board of Supervisors $9,737
Dublin San Ramon Services District $1,950
Ross Valley Sanitary District $1,884
Rodeo Sanitary District $1,820
West County Wastewater District $1,592
Oro Loma Sanitary District $1,560
Truckee Sanitary District $1,560
Castro Valley Sanitary District $1,380
West Bay Sanitary District $1,380
East Bay Municipal Utility District $1,367
Mt. View Sanitary District*** $1,360
Novato Sanitary District $1,350
City of Concord $1,352
Napa Sanitation District $1,308
Union Sanitary District $1,273
Goleta Sanitary District $1,259
Montecito Sanitary District $1,200
Central Contra Costa Sanitary District $1,110
Ojai Valley Sanitary District $1,050
Ironhouse Sanitary District $1,020
Contra Costa Water District $1,000
Sausalito-Marin City Sanitary District $960
City of San Ramon $938
Fairfield Suisun Sewer District*** $884
Town of Danville $675
City of Walnut Creek $650
City of Martinez $585
City of Pleasant Hill $585
Delta Diablo Sanitation District** $283
Cities of Lafayette and Orinda; Town of Moraga $0
* For the special districts on this chart(except for EBMUD,which has a flat monthly compensation),the figures
are derived by multiplying the meeting stipend times the maximum number of allowable monthly stipends.
Please note that in the case of Central San,Board Members typically do not receive the maximum number of
stipends in any given month. The same may be true of other special districts.
** Monthly maximum is an average based on approximately 20 meetings per year.
***2019 rate used for calculation;agency did not respond to 2020 survey.
March 2, 2020 Special Board Meeting Agenda Packet- Page 34 of 69
Page 32 of 38
SPECIAL DISTRICT BOARD MEMBER
COMPENSATION
California Special
Districts Association
139110 0 Districts Stranger Together
UNDERSTANDING SPECIAL DISTRICT BOARD MEMBER COMPENSATION
By: Richard D. Pio Roda and Anthony Felix, Meyers Nave
This paper is intended to help you understand compensation for special district board members in
California. Specifically, it describes (1)the statutory authority behind board member compensation, (2)
the maximum compensation board members can receive, (3) how board members can increase
compensation, (4) board member reimbursements for job-related expenses, (5)the extent to which board
members may receive benefits, and (6) how small community services districts typically compensate
board members.
Under what authority can special districts compensate board members?
Typically, special district board member compensation is set by the Legislature. Special districts have the
general authority to compensate board members for attendance at meetings under the California
Government Code. ' However, this general authority is limited by statutes specific to particular types of
districts, which prescribe rates and conditions for board member compensation. Special districts are
granted authority either under principal acts or special acts. Principal acts are codified in state laws and
are generic statutes that apply to all special districts of a particular type. Special acts are often uncodified
and are narrowly focused on governing one or a few special districts to fit the unique needs of those
districts. A board member interested in learning more about their district's authority to compensate its
board members should first reference their district's formation or enabling documents to determine
whether the district is governed by a principal act or a special act. Identifying which statutes govern a
district is important because such statutes often vary in provisions for the maximum amount of
compensation a board member may receive, how and if board members can increase compensation, and
provisions regarding reimbursements and board member benefits.
What is the maximum amount of compensation a special district board member may receive?
Principal act districts that have been codified in state law vary on the maximum amount a board member
may be compensated. Most code sections set the maximum compensation rate at$100 for each meeting
attended by a board member or each day in which a board member is engaging in official duties. This
includes special districts such as county water districts,2 recreation and park districts,3 community
services districts, 4 public cemetery districts,5 and more. Other code sections explicitly provide that
special district board members are to receive no compensation in their roles as board members. These
'Gov. Code § 53232.1(a).
2 Water Code § 30507.
'Pub. Res. Code § 5784.15(a).
'Gov. Code § 61047(a).
5 Health and Safety Code § 9031(a).
Updated: October 2019
March 2, 2020 Special Board Meeting Agenda Packet- Page 35 of 69
Page 33 of 38
districts include pest abatement districts,6 police protection districts,'citrus pest control districts,$port
districts,9 river port districts,10 and memorial districts." Many districts set maximum compensation rates
at amounts smaller than $100, such as $10,12$25,13 or$5014 per meeting attended by the board member.
Some code sections authorize a flexible compensation rate to be determined by the board members
themselves. The California Water Code sections governing levee districts15 and reclamation districts16
provide that each board member shall receive compensation for their services "... as the board
determines to be just and reasonable..." Generally, these districts still compensate board members at a
rate under$100 per meeting.
Can special district board members increase their compensation? If so, how can board members
do so?
In addition to attending regularly scheduled board meetings, board members often must attend the
meetings of other agencies or travel to conferences in order to better understand and fulfill their roles. In
order to meet these often demanding and time-consuming duties, some special districts consider
increasing the compensation of its board members. If a special district board is considering increasing
the compensation of its board members it is important it starts by referencing its governing statutes or
acts. A district's governing statutes or acts will determine whether board members can increase
compensation, to what extent compensation can be increased, and how to increase compensation.
Many special districts can increase board member compensation pursuant to California Water Code
section 20201, which both sets the maximum amount of compensation per meeting at$100 but also
authorizes board members to increase compensation above $100.17 Although this may be welcome
news to districts interested in increasing compensation, there are three notable restrictions on a district's
ability to do so. If a special district board can increase compensation via section 20201: (1) it must do so
via ordinance,18(2)the increase may not exceed 5% for each calendar year,19 and (3)voters may petition
for a referendum on the ordinance increasing compensation.20 As part of the ordinance requirement,
special district boards must hold a public hearing for discussion of the compensation increase and publish
a notice of the hearing.21 Special districts should also note voter referendums may result in the ordinance
appearing on a regular election or special election ballot for voter approval.22 If the ordinance is struck
down by voters, the special district board will be prohibited from adopting a new compensation increase
ordinance for at least one year.23
6 Health and Safety Code §2851
'Health and Safety Code § 20069
8 Food and Ag. Code§8508
'Har. and Nav Code § 6251.
10Id. at§ 6836.
11 Mil. and Vet Code § 1197.
12 Wat. Code§56031.
13Pub. Res. Code § 13041(b).
14 Har. and Nay. Code § 7047.
15 Wat. Code§70078.
16 Id. at§ 50605(a).
17Id. at§ 20201.
1 s Id.
19 Id. at§20202.
20 Id. at§20204.
21 Id. at§ 20203
22 Wat. Code§20206.
23 Id.
Updated: October 2019
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On the other hand, many statutes and acts governing special districts are silent on a district's authority to
adjust board member compensation. As a result of lacking a statutory authority to adjust board member
compensation, special districts falling into this category may be unable to do so. Therefore, it is important
that special districts interested in increasing board member compensation reference its district's formation
documents to identify if its governing statutes or acts allow such actions.
Can board members be reimbursed for job-related expenses?
Special district board members are often expected to attend a variety of events in the performance of
their duties, including trainings, community outreach events, conferences, and local agency meetings.
The expenses associated with these activities, including travel, lodging, and food costs, can be
significant. Fortunately, the Legislature has recognized the costs associated with serving as a board
member and granted special districts with the authority to provide reimbursements. In fact, the vast
majority of special districts have the authority to reimburse board members for expenses related to
fulfilling their duties as board members.
Again, the most important starting point to determine whether a special district may reimburse its board
members is identifying the governing acts or statutes. Most districts have the statutory authority to
reimburse board members but are required to abide by the reimbursement procedures set out in
Government Code sections 53232.2- 53232.4. In order to comply with Government Code section
53232.2, special districts generally must only reimburse board members for actual and necessary
expenses incurred in the performance of official duties and adopt a written policy that specifies the types
of expenses that may be reimbursed. Other requirements on board members include the filing of
expense reports with special district boards and providing brief reports on the meetings requiring
reimbursement.24 Special districts should note the misuse of reimbursement funds can result in the loss
of reimbursement privileges, civil penalties, and even criminal penalties.25 Therefore, special districts
governed by Government Code sections 53232.2- 53232.4 should ensure its reimbursement policies are
consistent with these sections and that board members are only being reimbursed for actual and
necessary expenses.
Some districts are not directly governed by the statutory requirements of Government Code sections
53232.2- 53232.4 but instead follow a less stringent reimbursement procedure. For example, in
reclamation districts a board member's claims for expenses incurred are to be presented to the board and
then paid in the same manner as other indebtedness of the district.26 Although citrus pest control district
board members are not entitled to any compensation, they may be reimbursed for actual and necessary
expenses when claims for those expenses have been approved by the board.27 Still, other districts lack
the statutory authority to provide any reimbursements for board members, including police protection
districts.28
To what extent can special district board members receive benefits?
Although only some special district board members may be entitled to compensation, all special district
board members may receive group insurance benefits if the board elects to do so. Under Government
Code section 53201 and 53205.1, a special district board may provide benefits to its board members,
24 Gov. Code§ 53232.3(a); Gov. Code § 53232.3(d).
25 Id. at§ 53232.4.
26 Wat. Code§ 50606.
27 Food and Ag. Code § 8508.
2s Health and Saf. Code § 20000 et seq.
Updated: October 2019
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retired board members, and the families of board members and retired board members. Benefits can
include medical, dental, vision, and life insurance.29
California state law is relatively silent on the procedures a special district must take to adopt a benefits
policy for its board members. The Office of the Attorney General provides some guidance on the issue by
declaring that no official declaration of policy is required for a special district to provide health benefits to
its elective officers.30The Attorney General's opinion noted that no procedure or mode for providing the
benefits is set forth in Government Code section 53201.31 The Attorney General concluded that a special
district board may take action in any appropriate manner, whether by ordinance, resolution, motion, or
otherwise.32Therefore, whether a district must approve a benefits plan by ordinance or resolution comes
down to what the enabling or principal act governing it requires. Beyond that, the Brown Act requires
changes in compensation, including fringe benefits, to be made during an open meeting.33
Special district boards should note that districts considering providing benefits to its board members have
often received pushback from the community.34 If a special district is considering providing a benefits
program to its board members, it may be prudent for them to be transparent about the program's
estimated costs and expected beneficiaries so the public is aware of the district's proposed expenditures.
With that being said, most of the principal acts governing special districts make no explicit mention of a
board's authority to provide benefits to its board members. This is not to say these special districts may
not provide benefits to its board members as Government Code section 53201, which grants districts the
authority to provide benefits, still applies to them as well. The few special districts with principal acts that
mention benefits separately(such as regional park and/or open space districts) note that board members
are eligible for the same group medical or dental plans available to permanent employees of the district.35
How do small community service districts typically compensate board members?
In addition to applicable statutory restrictions, board member compensation for a small district may also
be restricted if the district has a small budget. If a particular community services district is governed by
the principal act requirements set out in Government Code section 61047, it may provide its board
members with $100 each day for services provided. Community services districts may also increase
board member compensation above $100 in accordance with the authority and requirements set out in
Water Code section 20201.
Most community services district do not compensate board members. Some community services districts
compensate its board members as much as $10,000 per year including the Phelan Pinon Hill Community
"Gov. Code§ 53205.16.
1186 Cal.Att'y Gen. Op.No. 92-1008 (May 5, 1993).
31 Id.
32 Id.
33 Gov. Code§ 5493(c)(3).
34 Brad Branan,Health benefits boost board compensation at Sacramento area special districts,The Sacramento
Bee(March 6,2015, 6:20 PM),https://www.sacbee.com/news/investigations/the-public-eye/articlel2892430.html.;
Paul Rogers,Santa Clara Valley Water District considers idea for lifetime medical benefits for board members,
(August 27,2012, 1:19PM),https://www.mercurynews.com/2012/08/27/santa-clara-valley-water-district-considers-
idea-for-lifetime-medical-benefits-for-board-members/.
31 Pub.Res. Code § 5536.
Updated: October 2019
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Services District36 and the Rosamond Community Services District. 37 Many community services
districts compensate board members at a rate consistent with Government Code section 61047, which
amounts to $4,800 a year assuming board members provide services or attend meetings four days a
month.
How a small district compensates its board members will come down to what the district's budget and
needs are. Although all community services districts have the statutory authority to compensate board
members at a rate more than $100 for each meeting attended, most small districts elect to compensate
less than $100 per meeting or not at all.
Moving Forward
The California Government Code, through principal or special acts, generally provides special districts
with the authority to compensate its board members. Although most districts set the maximum board
member compensation rate at$100 for each meeting attended by a board member, some districts offer a
flexible compensation rate, compensation under$100, or no compensation at all. Many special districts
can increase board member compensation pursuant to California Water Code section 20201, which both
sets the maximum amount of compensation per meeting at$100 but also authorizes board members to
increase compensation above $100. The vast majority of districts have the authority to reimburse board
members for the actual and necessary expenses incurred on the job, subject to those districts and board
members meeting certain requirements. All special districts board members may receive group insurance
benefits, including medical, dental, vision, and life insurance. Lastly, most small community services
districts compensate board members at a rate less than $100 for each meeting attended or not at all,
despite having the authority to compensate board members more than $100. Moving forward, a special
district interested in compensating its board members should reference its enabling statutes because
such statutes will often determine the maximum amount of compensation a board member may receive,
how and if board members can increase compensation, and whether board members may be provided
reimbursements and benefits.
"Government Compensation in California,
https://publicpay.ca.gov/Reports/PositionDetail.aspx?employeeid=19490354,(last visited June 19,2019).
37 Government Compensation in California,
https://publicpay.ca.gov/Reports/PositionDetail.aspx?employeeid=19955885,(last visited June 19,2019).
Richard D. Pio Roda is a Principal at the Meyers Nave law firm. Richard's legal practice is
focused on strategic advice and counsel, and transactional legal services for municipalities and
special districts throughout California. Richard is General Counsel to the Rodeo Hercules Fire
Protection District, and the Mendocino County Community Development Commission. Richard
also serves as Special Counsel to numerous special districts, including the West County
Wastewater District, Rincon del Diablo Municipal Water District, San Ramon Valley Fire
Protection District and the Twain Harte Community Services District. Richard frequently
provides advice on a variety of issues that range from General Manager performance evaluation,
negotiating all types of transactions from complex technology purchases to property leases, to
emergency declarations,policies and procedures, to public official conflicts of interest. He can
be contacted at 510.808.2000 or rpioroda eineyersnave.com
Updated: October 2019
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Anthony Felix is a second year law student at the University of California, Hastings College of
the Law. During his second year at UC Hastings, Anthony will serve as the Admissions Chair for
the UC Hastings La Raza Law Students Association and will be a staff editor of the Hastings
Law Journal. Prior to attending law school, Anthony graduated from the University of California,
Santa Barbara with a bachelor's degree in Political Science. Anthony is originally from National
City, California and has interned at the City Attorney's office in National City. During the
summer of 2019, Anthony was a Summer Fellow at Meyers Nave where he worked closely with
Meyers Nave's Municipal and Special District Law Practice Group. He is interested in practicing
municipal law after he graduates law school.
Updated: October 2019
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Exhibit!
1/7/20 - Pleasanton Weekly.com
DSRSD Board of Directors gets a pay raise
The five-member board will receive an extra $49 per day starting Jan. 4
by Julia Baum Pleasanton Weekly
The Dublin San Ramon Services District Board of Directors received a raise in
compensation in the new year.
Starting this week, board members will earn $195 for each day of service, up from the
previous rate of $146 per day.
The increase was approved in November, when the five-member board -- which
includes directors Georgean M. Vonheeder-Leopold, Ann Marie Johnson, Richard Halket,
Edward Duarte, and Madelyne Misheloff -- unanimously approved the motion during
their regular meeting.
The elected officials supported the raise when it was originally proposed several months
ago, stating they hoped that higher compensation would attract qualified candidates for
DSRSD's upcoming elections in November.
DSRSD provides water to customers in Dublin and San Ramon, and sewage service for
the communities of Dublin, San Ramon and Pleasanton.
1/7/20
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