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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~