Loading...
HomeMy WebLinkAbout12. Conduct public hearing for annual review of Board Member compensation and benefits Page 1 of 40 Item 12. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: MAY 7, 2020 SUBJECT: CONDUCT PUBLIC HEARING FOR ANNUAL REVIEW OF BOARD MEMBER COMPENSATION AND BENEFITS SUBMITTED BY: INITIATING DEPARTMENT: KATIE YOUNG, SECRETARY OF THE SECRETARYOF THE DISTRICT DISTRICT Roger S. Bailey Kenton L. Alm General Manager District Counsel ISSUE Central San's adopted practice since 2012 has been to conduct an annual review of Board Member compensation and benefits at a public hearing held during the first quarter of each calendar year. BACKGROUND The Board adopted Resolution No. 2012-008 on March 1, 2012, formally establishing annual public review of Board Member compensation and benefits during the first quarter of each calendar year. I n the interest of transparency, the Board chose to hold these reviews at a properly noticed public hearing. Since then, the Board has conducted public hearings every March to review its compensation and benefits. Due to scheduling issues, the 2020 public hearing was postponed to this meeting. The only change that has been made to Board compensation and benefits since 2012 occurred in 2016 when the Board eliminated mileage reimbursement for attendance at meetings and events (unless related to a conference, which is covered under Board Policy No. BP 008 - Travel Expense Reimbursement). At last year's public hearing, the Board requested to take a more focused look at Board Member compensation and benefits at the 2020 Board Self-Evaluation Workshop. That Workshop took place on May 7, 2020 Regular Board Meeting Agenda Packet- Page 77 of 166 Page 2 of 40 March 2, 2020. Upon reviewing and discussing all of the attached information, including the Board Member Compensation and Benefits -2020 report (Attachment 1), the general conclusion was that the Board Members were comfortable with the current$185 stipend. Meeting Stipend Central San's meeting stipend was set at$100 in 1987. It was increased to $170 in 2000 and to $221 in 2007; it was reduced to $185 in 2012, where it remains. The Board may, by ordinance, increase its compensation up to five percent per calendar year following the operative date of the last adjustment. Since the last adjustment was in 2012, the Board may increase the current$185 stipend to a maximum of $259 in 2020. The Board also may decrease the stipend amount or limit the number of compensable meetings per month to less than six. Updated Annual Surveys I n early 2020, staff updated its two annual surveys of compensation and benefits of other local agencies and cities within Central San's service area. A third survey was added this year for sanitary districts outside the service that are governed by the same Board Member compensation and benefit regulations as Central San. Staff also updated the chart showing where Central San's meeting stipend falls in comparison with other agencies, and the chart illustrating the maximum monthly stipend/meeting compensation for all surveyed entities in ranked order. All of this information is included in Attachment 1. At the hearing, the Board may wish to consider one or more of the following options: 1. Leave the Board Member compensation and benefits unchanged; 2. If a change in meeting stipend is desired, adopt an ordinance (Attachment 2) changing the meeting stipend amount; and/or 3. Direct staff to make other changes to Board Member compensation and/or benefits. Any increase or decrease in meeting stipend amount would require a simple majority vote, and the ordinance would not become effective until 60 days after adoption (Water Code Section 20204). ALTERNATIVES/CONSIDERATIONS The Board may choose to leave its compensation and benefits unchanged, or may decrease or increase the meeting stipend amount in accordance with the Water Code. The Board may also change the level of benefits they receive as Board Members. FINANCIAL IMPACTS The financial impact of any changes in Board Member compensation and benefits depends upon whether the Board chooses to increase, decrease or leave unchanged their compensation and benefits. The maximum stipend increase permissible would be $74, which would bring the total meeting stipend to $259, rather than the current$185. COMMITTEE RECOMMENDATION This matter was not reviewed by a Board Committee; rather, it was reviewed by the full Board at the Board Self-Evaluation Workshop held March 2, 2020. May 7, 2020 Regular Board Meeting Agenda Packet- Page 78 of 166 Page 3 of 40 RECOMMENDED BOARD ACTION Conduct the public review of Board Member compensation and benefits and take one or more of the following actions: 1. Leave Board Member compensation and benefits unchanged; or 2. If a change in meeting stipend is desired, adopt an ordinance amending Title 2, Administration, of District Code Section 2.04.030, "Compensation of Board Members;" and/or 3. Direct staff to amend other compensation and/or benefits. ATTACHMENTS: 1. Board Member Compensation and Benefits - 2020 2. Draft ordinance May 7, 2020 Regular Board Meeting Agenda Packet- Page 79 of 166 Page 4 of 40 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. N:IADMINSUPIADMINIDIST-SECIBOARDICOMPENSATION&BENEFITSIANNUAL REVIEW OF BOARD COMPENSATION120200oard Compensation and Benefits-2020(sans exhibits).docx Page 1 of 8 May 7, 2020 Regular Board Meeting Agenda Packet- Page 80 of 166 Page 5 of 40 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. 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 N:IADMINSUPIADMINIDIST-SECIBOARDICOMPENSATION&BENEFITSIANNUAL REVIEW OF BOARD COMPENSATION120201Board Compensation and Benefits-2020(sans exhibits).docx Page 2 of 8 May 7, 2020 Regular Board Meeting Agenda Packet- Page 81 of 166 Page 6 of 40 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 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. N:IADMINSUPIADMINIDIST-SECIBOARDICOMPENSATION&BENEFITSIANNUAL REVIEW OF BOARD COMPENSATION120200oard Compensation and Benefits-2020(sans exhibits).docx Page 3 of 8 May 7, 2020 Regular Board Meeting Agenda Packet- Page 82 of 166 Page 7 of 40 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). N:IADMINSUPIADMINIDIST-SECIBOARDICOMPENSATION&BENEFITSIANNUAL REVIEW OF BOARD COMPENSATION120200oard Compensation and Benefits-2020(sans exhibits).docx Page 4 of 8 May 7, 2020 Regular Board Meeting Agenda Packet- Page 83 of 166 Page 8 of 40 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 of 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 All five Board Members are enrolled in the District's health and benefit plans, one with single coverage, three with dual coverage, and one with family coverage. The combined premium costs for all Board Member benefits (medical, dental, vision, and life insurance) are $8,599.68 per month, or$103,196.16 per year. C. 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 CaIPERS, 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 CaIPERS, 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: N:IADMINSUPIADMINIDIST-SECIBOARDICOMPENSATION&BENEFITSIANNUAL REVIEW OF BOARD COMPENSATION120200oard Compensation and Benefits-2020(sans exhibits).docx Page 5 of 8 May 7, 2020 Regular Board Meeting Agenda Packet- Page 84 of 166 Page 9 of 40 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. D. 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. E. SURVIVOR BENEFITS UPON DEATH IN OFFICE Prior to the transition to CalPERS, if a Board Member died while in office, his or her eligible dependent(s) could 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 remarried or dependents no longer qualified for benefits under District policies. Since the transition to CalPERS, 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. 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. N:IADMINSUPIADMINIDIST-SECIBOARDICOMPENSATION&BENEFITSIANNUAL REVIEW OF BOARD COMPENSATION120200oard Compensation and Benefits-2020(sans exhibits).docx Page 6 of 8 May 7, 2020 Regular Board Meeting Agenda Packet- Page 85 of 166 Page 10 of 40 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 iPad 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. N:IADMINSUPIADMINIDIST-SECIBOARDICOMPENSATION&BENEFITSIANNUAL REVIEW OF BOARD COMPENSATION120200oard Compensation and Benefits-2020(sans exhibits).docx Page 7 of 8 May 7, 2020 Regular Board Meeting Agenda Packet- Page 86 of 166 Page 11 of 40 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 In January 2020, the Dublin San Ramon Services District (DSRSD) 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. 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 Sanitary 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) (Updated as of 4/22/201 N:IADMINSUPIADMINIDIST-SECIBOARDICOMPENSATION&BENEFITSIANNUAL REVIEW OF BOARD COMPENSATION120200oard Compensation and Benefits-2020(sans exhibits).docx Page 8 of 8 May 7, 2020 Regular Board Meeting Agenda Packet- Page 87 of 166 Page 12 of 40 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 N:\ADMINSUP\ADMIN\DIST-SEC\BOARD\COMPENSATION&BENEFITS\LOG-History of Review of Board Comp and Benefits(1986- Present .doc Page 1 of 3 4/22/20 May , 2020 Regular Board Meeting Agenda Packet- Page 88 of 166 Page 13 of 40 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. 5-3-121; (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 N:\ADMINSUP\ADMIN\DIST-SEC\BOARD\COMPENSATION&BENEFITS\LOG-History of Review of Board Comp and Benefits(1986- Present .doc Page 2 of 3 4/22/20 May , 2020 Regular Board Meeting Agenda Packet- Page 89 of 166 Page 14 of 40 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. N:\ADMINSUP\ADMIN\DIST-SEC\BOARD\COMPENSATION&BENEFITS\LOG-History of Review of Board Comp and Benefits(1986- Present .doc Page 3 of 3 4/22/20 May , 2020 Regular Board Meeting Agenda Packet- Page 90 of 166 Page 15 of 40 Exhibit B STIPENDS PAID-- 2016-2019 Description M2017 2018 2019 Ex 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: rEMM 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 paid for second meeting on some 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. N:ODMINSUMADMM DIST-SE0 BOARD�REMUNERATION(Stipends)�NUMBER OF STIPENDS BY BOARD MEMBER(Since 2016).doc May 7, 2020 Regular Board Meeting Agenda Packet- Page 91 of 166 Page 16 of 40 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 paid for second meeting on some 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. N:ODMINSUMADMM DIST-SE0 BOARD�REMUNERATION(Stipends)�NUMBER OF STIPENDS BY BOARD MEMBER(Since 2016).doc May 7, 2020 Regular Board Meeting Agenda Packet- Page 92 of 166 Page 17 of 40 2017 STIPENDS PAID BY BOARD MEMBER* Month Causey McGill * Nejedly Pilecki * Williams Stipends Paid Stipends Paid :S Stipends Paid Stipends Paid 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 59 5 57 6 44 1 57 2 43 1 *No stipend is paid for second meeting on some day or more than 6 meetings per calendar month; those marked as unpaid fall into these two categories. N:ODMINSUMADMIN�DIST-SE0 BOARD�REMUNERATION(Stipends)�NUMBER OF STIPENDS BY BOARD MEMBER(Since 2016).doc May 7, 2020 Regular Board Meeting Agenda Packet- Page 93 of 166 Page 18 of 40 2016 STIPENDS PAID BY BOARD MEMBER* Month Causey McGill * Nejedly Pilecki * Williams Stipends Paid Stipends Paid :S Stipends Paid Stipends Paid 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 51 4 62 8 35 1 52 7 46 1 *No stipend is paid for second meeting on some day or more than 6 meetings per calendar month; those marked as unpaid fall into these two categories. N:ODMINSUMADMIN�DIST-SE0 BOARD�REMUNERATION(Stipends)�NUMBER OF STIPENDS BY BOARD MEMBER(Since 2016).doc May 7, 2020 Regular Board Meeting Agenda Packet- Page 94 of 166 Survey of Special District Board Members Compensation and Benefits, January 2020 EXHIBIT C 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 May 7, 2020 Regular Board Meeting Agenda Packet- Page 95 of 166 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 ears District pays for after 10 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 Poli $170 per meeting/ y 4030, District pays premium Board cMembers 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 May 7, 2020 Regular Board Meeting Agenda Packet- Page 96 of 166 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 up-to 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 Directors provides iPads for month effective Kaiser Family. District o ( contribute 8.75/o cell Directors February 1, pays full premium for of their salary on a ffµleageNo car, hones if who want 281-92020 and 2 .. ._h yo+a ry p reimbursed n.thpr C for +tifor pre-tax basis and requested. them East Bay meetings per month District pays full the District mileage for Usage of (currently 4). Direeter 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 Rfequires 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 May 7, 2020 Regular Board Meeting Agenda Packet- Page 97 of 166 Survey of Special District Board Members Compensation and Benefits, January 2020 Medical Dental Life Insurance Agency Stipend/Max. Provides Agency Compensable Pension Deferred Comp Car 1 Mileage Cell Computers Primary Mtgs Board Member/ Board Member/ Board Member/ Phone IiPads Benefits or Spouse/Family Spouse/Family Spouse Compensation Fairfield- Suisun District pays health Sewerexpense Yes,if District $147 22152.77 per reimbursement of participating No. The City meeting/6 meetings See medical in the $6,617 per calendar provides primary O year(increased every No District benefits as the ry (Nper month.Can be January by CPI-W for health expense No No contribution No No paperless Board Members Response increased any year rySF-Oakland reimbursement agenda and serve as the City Metropolitan area 12 January by Board action. request a Council. 2020; update months ending in loaner iPad received October of each year) April 2020) Existing Board Members are frozen at 2012 IrOnhOuse rate of District paid premium for up to Kaiser Family;Board Member is Sanitary responsible for any increase above that rate Mileage and $170 per meeting/ going forward for medical,dental and Optional,if parking paid District g g chosen to enroll, when attending 6 meetings per vision. New Board Members are covered No No No No Yes (January month for self only at Kaiser rate. Any increase cost to District conferences for 2020-NO above the rate of medical coverage,dental $10/mo. District Changes) or vision during the first year of service or business family coverage shall be paid by the Director. Mt.View Sanitary District pays up to District $1,281.21 for Board $226.60235 per Member and family. (No meeting/ Coverage is through No District Response PERS. (PERS No No No contribution No No Yes 6 meetings per requires participation January month in a District-sponsored 2020; update retirement plan. See received Deferred Comp) April 2020) Page 4 of 5 May 7, 2020 Regular Board Meeting Agenda Packet- Page 98 of 166 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 No premium for No No District reimbursed for N/A allowance serves on the (January6 meetings per p contribution conferences Board of month $28,000 policy and trainings for iPad fees Supervisors. 2020-No 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 ($2 66 f r family coverage No No District reimbursed per No 9 p �-,� Board another serves District month 2949($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/ $2818982205.99 per month for Board $10,000 for reimbursed for District on EBDA and is SanitaryMember $2482.802712.76 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 May 7, 2020 Regular Board Meeting Agenda Packet- Page 99 of 166 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 May 7, 2020 Regular Board Meeting Agenda Packet- Page 100 of 166 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 May 7, 2020 Regular Board Meeting Agenda Packet- Page 101 of 166 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 May 7, 2020 Regular Board Meeting Agenda Packet- Page 102 of 166 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 May 7, 2020 Regular Board Meeting Agenda Packet- Page 103 of 166 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 May 7, 2020 Regular Board Meeting Agenda Packet- Page 104 of 166 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 May 7, 2020 Regular Board Meeting Agenda Packet- Page 105 of 166 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 May 7, 2020 Regular Board Meeting Agenda Packet- Page 106 of 166 Page 31 of 40 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 $235 2020* $226.60 2019 Mt.View Sanitary District $220 2018 6 $215 2017-2016 $205.07 2015 Castro Valley Sanitary District $230 2020 $220 2019 6 $200 2015-2018 West Bay Sanitary District $230 2020 6 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 $152.77 2020* 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 January 2020 survey; updated April 2020 results shown. Orig. January 2020 N:\ADMINSUP\ADMIN\DIST-SEC\BOARD\COMPENSATION&BENEFITS\ANNUAL REVIEW OF BOARD COMPENSATION\2020\2020 REV Board Compensation Comparison Survey_Stipend Results(APRIL ENTRIES).doc Page 1 of 1 May 7, 2020 Regular Board Meeting Agenda Packet- Page 107 of 166 Page 32 of 40 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 Mt. View Sanitary District*** $1,410 Castro Valley Sanitary District $1,380 West Bay Sanitary District $1,380 East Bay Municipal Utility District $1,367 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*** $917 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. ***Agency did not originally respond to January 2020 survey;updated results received in April 2020 are reflected. May 7, 2020 Regular Board Meeting Agenda Packet- Page 108 of 166 Page 33 of 40 EXHIBIT H SPECIALBOARD 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$100 for each meeting attended by a board member or each day in which a board member is engaging in official duties. This includes special districts such as county water districts,2 recreation and park districts,3 community services districts, 4 public cemetery districts,5 and more. Other code sections explicitly provide that special district board members are to receive no compensation in their roles as board members. These 'Gov. Code § 53232.1(a). 2 Water Code § 30507. 'Pub. Res. Code § 5784.15(a). 'Gov. Code § 61047(a). 5 Health and Safety Code § 9031(a). Updated: October 2019 May 7, 2020 Regular Board Meeting Agenda Packet- Page 109 of 166 Page 34 of 40 districts include pest abatement districts,6 police protection districts,'citrus pest control districts,$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 May 7, 2020 Regular Board Meeting Agenda Packet- Page 110 of 166 Page 35 of 40 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 May 7, 2020 Regular Board Meeting Agenda Packet- Page 111 of 166 Page 36 of 40 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 May 7, 2020 Regular Board Meeting Agenda Packet- Page 112 of 166 Page 37 of 40 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 May 7, 2020 Regular Board Meeting Agenda Packet- Page 113 of 166 Page 38 of 40 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 May 7, 2020 Regular Board Meeting Agenda Packet- Page 114 of 166 Page 39 of 40 ATTACHMENT 2 ORDINANCE NO. 309 AN ORDINANCE OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT AMENDING DISTRICT CODE SECTION 2.04.030, COMPENSATION OF BOARD MEMBERS WHEREAS, California Health and Safety Code Section 6489 states that the Board of Directors may, by ordinance adopted pursuant to Water Code Section 20202, increase its compensation above the $100 per day permitted by the Health and Safety Code; and WHEREAS, the Water Code permits a compensation increase of up to five per cent once in each calendar year following the operative date of the last adjustment; WHEREAS, the Health and Safety Code limits Board Member compensation to no more than six days' service in a calendar month; and WHEREAS, the Board of Directors of the Central Contra Costa Sanitary District last adjusted its compensation in March 2012, reducing it from $221 per meeting to $185 per meeting; and WHEREAS, any adjustment shall not be effective for at least sixty days from the date of final passage. NOW, THEREFORE, the Board of Directors of the Central Contra Costa Sanitary District does ordain as follows: Section 1. That Section 2.04.030 A of the District Code is hereby repealed and that a new Section 2.04.030 is hereby adopted as follows. A. Beginning on July 7, 2020 and continuing until the ordinance codified in this section is modified or repealed, the compensation for Board Members of the Central Contra Costa Sanitary District is (increased or reduced) from the current$185 approved in March 2012, to $ per day of service, effective sixty days after adoption of this ordinance (California Water Code Section 20204) and as set forth by Section 6489 of the Health and Safety Code and Section 20202 of the California Water Code. Compensation shall not be for more than a total of six days of any calendar month. Section 2. This ordinance shall be a general regulation of the District and shall be published in the Contra Costa Times and San Ramon Valley Times, newspapers of general circulation, published and circulated within the Central Contra Costa Sanitary District. This ordinance shall be effective on July 7, 2020, not less than sixty days after its passage and adoption by the Board of Directors. May 7, 2020 Regular Board Meeting Agenda Packet- Page 115 of 166 Page 40 of 40 Central Contra Costa Sanitary District Ordinance No. 309 Page 2 of 2 PASSED AND ADOPTED by the Board of Directors of the Central Contra Costa Sanitary District on the 7th day of May, 2020, by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Michael R. McGill, P.E. President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California Countersigned: Katie Young Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to Form: Kenton L. Alm, Esq. District Counsel May 7, 2020 Regular Board Meeting Agenda Packet- Page 116 of 166