HomeMy WebLinkAboutResolution 1994 - 0023RESOLUTION NO.94-23-3
ESTABLISHING COMPENSATION AND REIMBURSEMENT
FOR EXPENSES FOR DIRECTORS
A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY
SANITATION DISTRICT NO.3 OF ORANGE COUNTY,
CALIFORNIA,ESTABLISHING THE COMPENSATION AND EXPENSE
REIMBURSEMENT POLICIES FOR ITS DIRECTORS,AND REPEALING
RESOLUTION NO.86-154-3
WHEREAS,Section 4733 of the Health and Safety Code provides
that the District Board has the power to fix the amount of
compensation per meeting to be paid each member of the Board or
for each day’s service rendered as a member by request of the
Board;and,
WHEREAS,Section 4733.5 of the Health and Safety Code
provides that where two or more County Sanitation Districts have
joined in the purchase,ownership,use,construction or operation
of a sewerage system and said Districts hold their meetings
jointly,and one or more of the Directors serve as a Director on
more than one of such Districts meeting jointly,the Districts
may,by resolution approved by each District,limit the
compensation of such a Director for attending said jointly-held
meetings;and,
WHEREAS,County Sanitation Districts Nos.1,2,3,5,6,7,
11,13 and 14 of Orange County,California,have heretofore
executed a Joint Ownership,Operation and Construction Agreement,
which was effective July 1,1985;and,
WHEREAS,said Districts hold their regular monthly meetings
jointly;and,
WHEREAS,District Directors’compensation was last evaluated
over seven years ago,resulting in the adoption of Resolution
No.86—154—3;and,
WHEREAS,the Directors have determined that it is
appropriate to periodically review their policies;and,
WHEREAS,it has been determined that the person serving in
the capacity of the Joint Chairman of the Boards of directors is
required to spend an extraordinary amount of time in excess of
forty hours per month in conferences with other Directors,
representatives of other agencies,and District staff and
counsel,on business of the Boards and their Committees,
providing liaison and policy direction and interpretation,and
addressing a broad range of issues that arise on a regular but
non—agenda basis,on numerous days each month for which no
compensation or reimbursement is paid to the Joint Chairman;and,
WHEREAS,Section 4734 of the Health and Safety Code provides
that where two or more County Sanitation Districts have joined in
the administration and operation of the respective Districts and
hold their meetings jointly and such meetings are presided over
by a Director of one of the Districts acting as Joint Chairman
for and on behalf of the joint organization,each District so
participating may pay the Joint Chairman the same compensation as
a Director of such District is paid;and,
WHEREAS,in recognition of the extraordinary overall work
requirements and time demands of the Joint Chairman,the
historical District practice of over 30 years,by which the Joint
Chairman is additionally compensated by each District for
attendance and chairing of joint meetings of the Boards,is a
sound and appropriate policy;and,
WHEREAS,the Joint Chairman receives no other additional
compensation for said extraordinary work requirements throughout
the year except for chairing the monthly joint meetings of the
Boards;and,
WHEREAS,the Board of Directors has determined to reaffirm
its long-standing policy.
NOW,THEREFOR,the Board of Directors of County Sanitation
District No.3 of Orange County,California,
DOES HEREBY RESOLVE,DETERMINE AND ORDER:
Section 1 That each Director shall receive the suni of One
Hundred ($100.00)Dollars for attendance at each meeting of the
Board of Directors or for each day’s services rendered as a
member of the Board,by request of the Board,provided that said
Director shall not receive more than the sum of Six Hundred
($600.00)Dollars per month as such compensation from this
District.Each day’s service rendered as a member of the
District Board shall be deemed to include,but not be limited to,
attendance:
(a)as a member of the Executive Committee of the Joint
Administrative Organization;
(b)as a member of any committee appointed by the Chairman
of the Joint Administrative Organization or the
Chairman of the District which has established the
committee;
(C)when expressly invited to attend the Executive
Committee meetings by the Chairman of the Joint
Administrative Organization;
°(d)at conferences with State and/or Federal legislators
regarding Joint Administrative Organization business
when approved by action of the Joint Boards;or
(e)attendance at a meeting,hearing or conference for
business of the Joint Administrative Organization or
the District when approved by action of the Joint
Boards or the District Board,or when designated by the
General Manager with the concurrence of the Joint
Chairman when deemed to be in the best interests of the
District.
Section 2 If a Director represents two or more Districts,
the payment to the Director for attendance at meetings or for
each day’s service shall be shared equally with each District
represented by the Director.
Section 3 Notwithstanding the provisions of Section 1,
when a Director of this District is also a Director of another
District,said Director shall be paid not more than a total of
One Hundred ($100.00)Dollars per day for attendance at any
jointly—held meeting of said Districts or each day’s services
rendered concurrently to said Districts by the Director when such
other District,or Districts,has,or have,adopted a resolution
substantially similar to this one,as is permitted under the
provisions of Section 4733.5 of the California Health and Safety
Code.
Section 4 Section 3 of this Resolution shall not apply to
the Director serving as Joint Chairman of the Joint
Administrative Organization.The Director serving as Chairman of
the Joint Administrative Organization shall receive the sum of
One Hundred ($100.00)Dollars from each District which he
presides over ma jointly-held meeting of the Joint
Administrative Organization,as authorized by Section 4734 of the
California Health and Safety Code;provided,however,that the
Joint Chairman shall not be paid more than One Hundred ($100.00)
Dollars by any District for any meeting.
The Director who serves as Vice Joint Chairman of the Joint
Administrative Organization shall not be entitled to the
compensation of the Joint Chairman solely for chairing a joint
meeting of the Boards.The Vice Joint Chairman shall be entitled
to such compensation only when he/she has assumed the full duties
of the Joint Chairman during the month because of the Joint
Chairman’s inability to serve.
Section 5 The Director serving as Chairman or Vice
Chairman of the Joint Administrative Organization shall receive
the sum of One Hundred ($100.00)Dollars from the District which
said Director represents,and no other District,when attending a
meeting of his or her District or other Districts or Executive
Committee or other Committee assignments approved by the Joint
Boards,or when attending to special services rendered as a
Director by request of the Joint Boards.
Section 6 Each Director shall be reimbursed at the rate
per mile established by the United States Internal Revenue
Service as allowable for mileage expense deduction for use of
personal vehicle or business of the District.When traveling on
the business of more than one District,such Director shall
receive no more than reimbursement for the actual miles traveled,
whether on the business of one or several Districts.
As said allowable rate established by the Internal Revenue
Service is periodically changed,said changes in the
reimbursement rate shall become effective on the first day of the
month following the month in which the change is announced by the
Internal Revenue Service.
Section 7 When traveling on the business of one or more
Districts,the Director shall be entitled to reimbursement of
expenses necessarily incurred in the course of said travel in
accordance with the following schedule:
Commercial Transportation -Per actual invoice
Hotel —Room rate per actual statement for occupancy
Registration —Actual cost of conference or meeting
registration fee
Ground Transportation —As itemized
Telephone Service —As itemized
Meals,Gratuities and Incidentals —$40.00 per day.In
those cases where the actual cost of the Director’s personal
meals and incidentals required during the course of the
conference or meeting exceeds the per diem,reimbursement
will be based upon actual expenditures.
Section 8 No Director shall receive pay for attendance at
any meeting,such as Executive Committee or other committees,
which is scheduled immediately preceding,immediately succeeding
or concurrent with a regularly scheduled District or joint
meeting of the.District.
Section 9 Resolution No.86—154—3 concerning compensation
and expenses for Directors is hereby repealed and made of no
further effect.
Section 10 Any and all other resolutions or minute orders
of this Board in conflict with the provisions herein are deemed
to be superseded and repealed.
Section 11 This Resolution shall become effective
February 10,1994.
PASSED AND ADOPTED at a regular meeting held February 9,
1994.
rau2b.023
STATE OF CALIFORNIA)
)SS.
COUNTY OF ORANGE )
I,PENNY KYLE,Assistant Secretary of the Board of Directors
of County Sanitation District No.3 of Orange County,California,
do hereby certify that the foregoing Resolution No.94-23-3 was
passed and adopted at a regular meeting of said Board on the 9th
day of February,1994,by the following vote,to wit:
AYES:Sal Sapien,Chairman,George Brown,
Buck Catlin,John Collins,James H.Flora,
Don R.Griffin,Wally Linn,Thomas E.Lutz,
Linda Moulton-Patterson,Richard Partin,
Irv Pickier,Sheldon Singer,Charles Sylvia
NOES:Burnie Dunlap,Margie L.Rice,Roger Stanton
ABSENT:None
IN WITNESS WHEREOF,I have hereunto set my hand and affixed
the official seal of County Sanitation District No.3 of Orange
County,California,this 9th day of February,1994.
~Board of D ec s of County
Sanitation Dist ct~No..~3:qf;
Orange County .Californ1a~