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HomeMy WebLinkAboutResolution 1994 - 0109RESOLUTION NO.94-109 FIXING AND ESTABLISHING RULES OF PROCEDURE FOR THE CONDUCT OF BUSINESS OF THE DISTRICTS (AMENDMENT NO.3 RE BOARD COMMITTEE RESTRUCTURING A JOINT RESOLUTION OF THE BOARDS OF DIRECTORS OF COUNTY SANITATION DISTRICTS NOS.1,2,3,5,6,7,11,13 AND 14 OF ORANGE COUNTY,CALIFORNIA,AMENDING RESOLUTION NO.87-51,AS AMENDED,FIXING AND ESTABLISHING RULES OF PROCEDURE FOR THE CONDUCT OF BUSINESS OF THE DISTRICTS RELATIVE TO RESTRUCTURING OF THE BOARDS’COMMITTEES **************** WHEREAS,Resolution No.87-5 1 established rules of procedure to facilitate the orderly handling of business to come before the Joint Administrative Organization of County Sanitation Districts Nos.1,2,3,5,6,7,11,1 3 and 14 of Orange County, California;and, WHEREAS,these Boards deem it desirable and appropriate to amend said rufr.s of procedure relative to restructuring of the Boards’Committees. NOW,THEREFORE,BE IT RESOLVED: Section 1 That Sections 10 and 13 of Resolution No.87-51,establishing rules of procedure for the conduct of business of the Districts,be amended to read as follows: “10.BOARD SECRETARY AND MINUTES -The Boards of Directors of the Joint Administrative Organization shall appoint a person to serve as Board Secretary at the pleasure of the Boards.Said person shall also be the Board Secretary of each of the individual Districts,parties to the Joint Agreement.The Secretary shall attend all meetings of the Boards of Directors,unless excused by the Chair,and shall prepare an accurate record of each meeting for submission to the Directors and subsequent approval at the following meeting;provided,however,that when an adjourned,special or special adjourned meeting of the Board of Directors immediately precedes a regular meeting,Minutes of said meeting shall be submitted for approval at the next meeting of the Board following said regular meeting. In the preparation of Official Minutes of a meeting of the Board of Directors,the Secretary will not record the name of the Director who moves or who seconds the adoption of a motion or resolution.The Minutes will reflect the votes of Directors as required by provisions of state law. In the absence of the Board Secretary,a Secretary pro tern shall be appointed to exercise the duties of the Board Secretary.” “13.COMMITTEES (a)STANDING COMMITTEES (1)EXECUTIVE COMMITTEE -There shall be a permanent Committee designated as the Executive Committee which shall consist of the Chair of the Board of Directors of Each District,or the Chair Pro Tern, if the Chair is unable to attend,the Directors who represent the Orange County Board of Supervisors,and the Chair and Vice Chair of the Joint Administrative Organization.Each past Chair of the Joint Administrative Organization shall also serve as a member of the Executive Committee provided that said person serves as an active Director of a District Board. The Chair and Vice Chair of the Joint Administrative Organization shall be the Chair and the Vice Chair of the Executive Committee, respectively.The Committee shall meet on the fourth Wednesday of each month,or may meet at the call of the Chair. The Committee shall review the reports and recommendations of the other Standing Committees and may also consider matters related to the joint ownership,operation and construction of all of the Districts and make recommendations thereon to the Joint Boards of Directors. (2)FINANCE AND PERSONNEL COMMITTEE -There shall be a permanent Finance and Personnel Committee to advise the staff and make recommendations on matters related to the financial,budgeting and personnel policies and programs of the Joint Administrative Organization. The Committee shall review with staff the procedures for development,preparation and format of the annual Joint Works budgets and recommend appropriate changes,and counsel the staff during the budget process to assure the proper interpretation and implementation of the Boards’policies and that the desired procedures have been followed. -2- The Committee shall recommend proposed Joint Works budgets. The responsibility for consideration and adoption of the respective individual District budgets rests with each individual District Board. The Committee is responsible to periodically interview and recommend the selection of outside auditors.The Committee shall review the result of the annual audit of the Districts’accounts with representatives of the outside audit firm,including any comments received recommending improvements.The Committee shall review management’s response to these comments and make appropriate recommendations for implementation. Periodically the Committee shall recommend employment of an outside firm to audit internal control procedures to safeguard the assets of the Joint Districts. The Committee shall interview and make recommendations on the employment of investment-banking firms,bond counsel and,if necessary or desired,financial advisors to be used in connection with the Districts’financing programs. The Committee shall periodically coordinate recommendations on personnel audits of the Joint Districts’operations or segments of the operations on an as-needed basis. The Committee shall make recommendations on personnel policies and procedures,labor negotiations,insurers and coverage, procurement procedures,and such other related activities as may be needed or appropriate. The Chair and Vice Chair of the Finance and Personnel Committee shall be appointed by the Joint Chair. The Finance and Personnel Committee shall meet on the third Wednesday of each month or at the call of its Chair. (3)OPERATIONS COMMITTEE -There shall be a permanent Committee designated the Operations Committee.With the goal of compliance with all public health and environmental laws and regulations,the Operations Committee shall review and submit -3- appropriate recommendations on the matters pertaining to the operation of the Joint Treatment Works,including such matters as current and projected service/flow needs,level and quality of treatment,conservation,recycling and reuse activities and air quality issues. The Committee shall also review issues pertaining to the Districts’ NPDES Ocean Outfall Discharge Permit,including annual review of the contractor(s)performing the ocean monitoring and research programs required as a condition of said permit,and related issues regarding protection of the marine waters off metropolitan Orange County’s coastline from impacts resulting from the Districts’operations and discharge of treated wastewater. The Committee shall also review matters pertaining to contractual arrangements by the Districts to provide sewerage services to areas outside the Districts’boundaries or approved spheres of influence. The Committee shall review plans for the future needs of the Districts,explore alternatives and make recommendations on solutions to the Engineering and Construction Committee.In carrying out its responsibilities,the Committee shall regularly study,visit and observe the various operational functions of the Joint Treatment Works. The Chair and Vice Chair of the Operations Committee shall be appointed by the Joint Chair. Because of the special interest of the coastal communities in ocean issues,one representative of each member agency within the Districts’boundaries with coastal shoreline shall be a member of the Committee. The Operations Committee shall meet on the first Wednesday of each month,or at the call of its Chair. (4)ENGINEERING AND CONSTRUCTION COMMITTEE -There shall be a permanent Committee designed the Engineering and Construction Committee.The Engineering and Construction Committee shall review and submit appropriate recommendations on matters pertaining to capital projects which address operational needs -4- identified by the Operations Committee,including the selection of professional consulting services to assist in studying,planning and designing needed Joint Treatment Works and support facilities, including computerized systems,in accordance with the Boards’ established policies and procedures for procuring such services;the Committee shall further review construction projects for said facilities in accordance with applicable public works laws and Board policies. Said oversight shall include the contracts for professional services and public works construction projects and addenda or change orders thereto.In carrying out its responsibilities,the Committee shall receive “heads up”and regular status reports on the projects from staff,and monitor,visit and observe the Joint Treatment Works operational functions and major capital construction projects. The Chair and Vice Chair of the Engineering and Construction Committee shall be appointed by the Joint Chair. The Engineering and Construction Committee shalt meet on the first Thursday of each month,or at the call of its Chair. (b)STEERING COMMITTEE -In addition to the Standing Committees,the Joint Chair may appoint a Steering Committee comprised of the Joint Chair, the Vice Joint Chair and the Chairs of the Operations,Engineering and Construction,and Finance and Personnel Standing Committees to assist in coordinating the flow of activities to the Committees and Boards. This Committee shall also conduct an annual performance evaluation of the General Manager and submit recommendations on compensation to the Executive Committee and the Joint Boards of Directors.The Committee shall also review the General Manager’s evaluation and compensation of senior management direct reports,based on established criteria,and senior management’s goals and objectives for the following year. The Steering Committee shall meet at the call of the Joint Chair. (c)SPECIAL/AD HOC COMMITTEES -In addition to the Standing Committees,the Chair of the Joint Administrative Organization,or the Chair of a Standing Committee,or upon vote of a majority of the Districts,the Boards may appoint, from time to time,special or ad hoc committees to study and report on specific -5- matters.Such Committees shall be temporary in nature and their assignments shall pertain to a current,specific issue.Upon completion of the assigned task,the ad hoc or special committee will be dissolved. The Chair and Vice Chair of Special and Ad Hoc Committees shall be appointed by the Chair of the appointing authority. Special or Ad Hoc Committees shall meet at the call of its Chair. Section 2 Section 15 of Resolution No.87-5 1 ,as amended,is hereby repealed. Section 3 All other terms and provisions of Resolution No.87-51,as amended, shall remain in full force and effect. Section 4 This Resolution shall become effective October 1,1 994. PASSED AND ADOPTED at a regular meeting held September 14,1994. RAU34.1 09 -6- STATE OF CALIFORNIA) )SS. COUNTY OF ORANGE ) I,PENNY KYLE,Assistant Secretary of the Boards of Directors of County Sanitation Districts Nos.1,2,3,5,6,7, 11,13 and 14 of Orange County,California,do hereby certify that the foregoing Resolution No.94-109 was passed and adopted at a regular meeting of said Boards on the 14th day of September, 1994,by the following vote,to wit: AYES:Fred Barrera,George Brown,A.B.“Buck”Catlin, John Collins,John C.Cox,Jr.,Jan Debay,Barry Denes,Norman Z.Eckenrode,James M.Ferryman, James H.Flora,Don R.Griffin,John M.Guilixson, Evelyn Hart,Victor Leipzig,Wally Linn,Thomas E. Lutz,William D.Mahoney,Pat McGuigan,Ted R. Moreno,Carrey J.Nelson,Richard Partin, Jim Potts,Earle Robitaille,Margie L.Rice, Thomas R.Saitarelli,Phil Sansone,Sal A.Sapien, Sheldon S.Singer,Roger R.Stanton,William G. Steiner,Peer A.Swan,Charles E.Sylvia,James A. Wahner,Daniel T.Welch,Grace H.Wincheli, Tracy A.Worley,George L.Ziaket NOES:None ABSENT:Barry Hammond,Glenn Parker,Irv Pickier IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official seal of County Sanitation District No.1 on behalf of itself and Districts Nos.2,3,5,6,7,11,13 and 14 of Orange County,California,this 14th day of September,1994. Penny KyleVAs~tant Secretary Boards of Directors,County Sanitation Districts Nos.1,2,3, 5,6,7,11,13 and 14 of Orange County,California