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HomeMy WebLinkAbout03.b. Approve minutes of Emergency meeting held 03-17-2020 Page 1 of 6 Item 3.b. ,ek CENTRAL SAN SANITARYCENTRAL CONTRA COSTA , . April 2, 2020 TO: HONORABLE BOARD OF DIRECTORS FROM: KATIE YOUNG, SECRETARYOF THE DISTRICT SUBJECT: MARCH 17, 2020 EMERGENCY BOARD MEETING MINUTES Attached are the draft minutes of the above Board meeting. ATTACHMENTS: 1. Draft Minutes of Emergency Board meeting held 03-17-2020 April 2, 2020 Regular Board Meeting Agenda Packet- Page 14 of 115 Page 2 of 6 CENTRAL SAN CENTRAL •NTRA COSTA SANITARY DISTRICT 5019 • MINUTES* BOARD OF DIRECTORS: MICHAEL R.MCGILL President SPECIAL BOARD MEETING TAD J PILECKI Board Room President Pro Tent Tuesday, March 17, 2020 PAUL H.CAUSEY 4:45 m. DRAFT JAMES A.NEJEDLY p' DAVID R. WILLIAMS Open Session — Board Room (Video recorded) NOTICE In accordance with Governor Gavin Newsom's Executive Order N-25-20, all Board Members participated in this meeting via teleconference. ROLL CALL An emergency meeting of the Board of Directors was called to order by President McGill at 4:48 p.m. Secretary of the District Katie Young called roll: PRESENT.- Members: Causey, Nejedly, Pilecki, Williams, McGill (all via teleconference) ABSENT. Members: None PUBLIC COMMENT PERIOD Tim Potter, President of Central San's Management Support/Confidential Group (MS/CG), stated that he appreciated that the emergency Board meeting was convened to discuss the significant issues related to the District's response to the Coronavirus (COVID-19) pandemic and the potential impacts on Central San employees. He requested the Board consider taking action consistent with other agencies and making the right decisions to protect all employees while maintaining the District's mission. OTHER BOARD ACTION ITEMS 1. Emergency Action Regarding Employees and Coronavirus (COVID-19) District Counsel Kent Alm provided the Board with guidance on the limited reasons for adjourning the meeting into closed session. He advised that in order to adjourn to closed session, there must be a 415th affirmative vote of the Board. These summary minutes are supplemented by a corresponding video recording available on the District's website at centralsan.org. April 2, 2020 Regular Board Meeting Agenda Packet- Page 15 of 115 Page 3 of 6 CENTRAL CONTRA COSTA SANITARY DISTRICT March 17, 2020 Emergency Board Meeting Minutes- Page 2 General Manager Roger S. Bailey reminded the Board of the actions Contra Costa County took regarding sheltering in place at home and sending all non-essential employees home. He recommended that the Board authorize him to send all non- essential Central San employees home, as determined by the General Manager, and asked that the Board consider granting administrative leave until the end of business on Friday, March 20, to allow for the Board to process the information and consider its options currently anticipated to be discussed in closed session at the regularly scheduled Board meeting to be held on March 19. Member Causey asked if the administrative leave would be retroactive from the time the shelter-in-place order took place last Sunday. Mr. Bailey said that could be considered. Member Pilecki inquired about the Governor's directive that anyone over the age of 65 must shelter in place. He asked if employees in that age group would have to use accrued vacation/sick leave. He suggested doing something for the essential employees who must report to work, such as the treatment plant operators, that may have children and incur more expenses with schools being closed. Member Causey asked how many employees are over the age of 65, to which Mr. Bailey responded that there are eight. Member Causey stated that since the directive requires employees over 65 to shelter in place, those days should be included in the administrative paid leave. President McGill inquired whether any public comment cards had been submitted on this matter. Ms. Young said she had received two speaker cards. Mr. Potter readdressed the Board, asking it to consider paying administrative leave through April 7, the end of the current shelter-in-place order, to ease the minds of worried employees. He stated that many employees have anxiety regarding COVID- 19, and he believes such action would help to create a positive reaction from employees. Winston Ingram, President of Local One, stated that he agrees and supports the recommended action as proposed by Mr. Bailey, but asked that the Board consider extending the recommendation until April 7 so that employees can be home with their families during this time. He stated that, although on administrative leave, employees know they are on-call disaster relief workers who must report to work if called to action. He thanked the Board for allowing him to speak and appreciated the emergency meeting. District Counsel Kent Alm was asked to clarify the rationale for the Board Members to convene in closed session to discuss these issues. He explained that at an emergency meeting such as this, the Board Members may only hold a closed session after a two-thirds affirmative vote determining that there is an appropriate reason to convene. The only reason for a closed session during an emergency meeting is to conference with state officials, agency counsel, an outside consultant, or others specifically designated to discuss the threat of security of essential public April 2, 2020 Regular Board Meeting Agenda Packet- Page 16 of 115 Page 4 of 6 CENTRAL CONTRA COSTA SANITARY DISTRICT March 17, 2020 Emergency Board Meeting Minutes- Page 3 services, one of which is wastewater treatment. So, the purpose of a closed session at this emergency meeting is limited. The closed session scheduled for the regular Board meeting on Thursday, March 19, is to provide direction to the District's labor negotiators. He noted that much of the discussion at this emergency meeting has been to share thoughts and consider alternatives that could be inconsistent with current Memoranda of Understanding (MOUs) with the bargaining units. Therefore, it would be appropriate for the Board to convene in closed session at the March 19 meeting to negotiate proposed modifications to the MOUs, including providing administrative leave for some period of time that would not otherwise be permissible under the current MOUs. President McGill stated that he was prepared to authorize the General Manager to designate non-essential employees and provide paid administrative leave for those through April 7, including those employees who were sent home on Monday, March 16, due to the Governor's directive for those over 65 and those with underlying medical conditions to remain at home. A motion was made by Member Nejedly and seconded by Member Pilecki to support the General Manager's recommendation but extending it through April 7, retroactive to March 16 for certain individuals. Member Causey asked if the motion could be amended to be retroactive to Friday, March 13, to include those employees who may have been sent home last week. Member Williams suggested the motion be clarified to include those who are teleworking. Mr. Bailey stated that he and the Management team would discuss who can telework and, if they are unable, those employees would be paid administrative leave. Member Williams expressed concern about the motion given that the duration of the pandemic is unknown and likely will be extended beyond April 7. He also was concerned about the ramifications of inequities among employees, some of whom will be paid administrative leave while not working, and others who must work/telework during the pandemic. He preferred to adopt Mr. Bailey's original recommendation to pay administrative leave to non-essential employees through Friday, March 20, to allow the Board Members an opportunity to convene in closed session on March 19 and avoid setting a precedent without fully thinking through all options. Member Nejedly asked for clarification on the timeline of the administrative leave in his motion. Mr. Bailey stated that his recommendation was to pay administrative leave through Friday, March 20. He noted that President McGill suggested extending the period for paid administrative leave through April 7, the deadline for the current shelter-in-place order. April 2, 2020 Regular Board Meeting Agenda Packet- Page 17 of 115 Page 5 of 6 CENTRAL CONTRA COSTA SANITARY DISTRICT March 17, 2020 Emergency Board Meeting Minutes - Page 4 Member Nejedly withdrew his motion as he misunderstood the timeline, believing it to be through March 20, as recommended by Mr. Bailey. A discussion took place about the March 19 closed session and the likelihood that most Board Members and District Counsel may need to participate via teleconference, and the challenges associated with meeting telephonically. Subsequently, after hearing the discussion, Member Nejedly reconfirmed his original motion as follows: BOARD ACTION: Motion was made by Member Nejedly and seconded by Member Pilecki to authorize the General Manager to designate, at his sole discretion, those employees considered to be non-essential during the COVID- 19 pandemic and provide paid administrative leave for all such employees retroactive to Friday, March 13, through April 7, 2020, including those employees over the age of 65 and those with pre-existing medical conditions who are required to shelter-in-place and unable to telework. Motion passed by the following roll-call vote: AYES: Members: Causey, McGill, Nejedly, Pilecki NOES: Members: Williams ABSTAIN: None Member Causey inquired if another Board meeting would be necessary to extend the recommended action. It was pointed out that a regular Board meeting is scheduled for April 2, which precedes the expiration of the April 7 deadline. ANNOUNCEMENTS None. ADJOURNMENT The meeting was adjourned at 5:48 p.m. Michael R. McGill, P.E. President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California April 2, 2020 Regular Board Meeting Agenda Packet- Page 18 of 115 Page 6 of 6 CENTRAL CONTRA COSTA SANITARY DISTRICT March 17, 2020 Emergency Board Meeting Minutes- Page 5 COUNTERSIGNED: Katie Young Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California April 2, 2020 Regular Board Meeting Agenda Packet- Page 19 of 115