HomeMy WebLinkAboutOCSD 13-02911578.1
RESOLUTION NO. 13-02
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY
SANITATION DISTRICT APPOINTING JAMES D. HERBERG TO THE POSITION OF
GENERAL MANAGER FOR THE ORANGE COUNTY SANITATION DISTRICT AND
AUTHORIZING THE CHAIR OF THE BOARD OF DIRECTORS TO ENTER INTO AN AT-
WILL EMPLOYMENT AGREEMENT EFFECTIVE APRIL 1, 2013
WHEREAS, in mid-2010, the Board of Directors ("Board") of the Orange County
Sanitation District ("OCSD" or "District") adopted OCSD’s Beyond 2012 Reorganization Plan,
which recognized the need for a General Manager succession plan and recommended the
appointment of a second Assistant General Manager, which would allow for an additional
potential internal candidate for General Manager; and
WHEREAS, through the Assistant General Manager recruitment process, James D.
Herberg (“Mr. Herberg”), Director of Engineering, was selected as a second Assistant General
Manager, effective February 1, 2011; and
WHEREAS, at the September 2012 Board meeting, Mr. Herberg was announced as the
successor General Manager with a proposed effective date of April 1, 2013; and
WHEREAS, effective April 1, 2013, Mr. Ruth's employment as OCSD's General Manager
will terminate; and
WHEREAS, the Board of Directors of the OCSD desires to appoint Mr. Herberg to serve
as General Manager beginning April 1, 2013; and
WHEREAS, in October 2001, the Board adopted Resolution No. OCSD 01-21 providing
benefits for the General Manager with a cap of 38% of base salary consisting of benefit items
selected by the General Manager from the benefits otherwise provided to any management
employee; and
WHEREAS, on February 27, 2013, staff presented a proposed At-Will Employment
Agreement by and between Mr. Herberg and the District; and
WHEREAS, Mr. Herberg has elected a fixed benefits package instead of selecting from a
variety of different benefit options, which is less than 38% of his base salary, as set forth in the
At-Will Employment Agreement; and
WHEREAS, the funds for the compensation and benefit package of the General Manager
are derived from the OCSD Operating Budget and have been included in the FY 2012-13 and
2013-14 adopted budgets.
NOW, THEREFORE, in consideration thereof, the Board of Directors of the Orange
County Sanitation District, does hereby resolve declare, determine and order as follows:
Section 1. James D. Herberg is hereby appointed to the position of General Manager
of the Orange County Sanitation District effective April 1, 2013, to serve at the will of the Board.
Section 2. The At-Will Employment Agreement between Mr. Herberg and the District,
as presented at the February 27, 2013, Board Meeting is hereby approved.
as presented at the February 27, 2013, Board Meeting is hereby approved .
Section 3. The Chair of the Board is authorized to execute the approved At-Will
Employment Agreement with Mr. Herberg effective April 1, 2013, for General Manager services,
consistent with this Resolution, on behalf of the District.
PASSED AND ADOPTED at a regul~ry 2 7 , 2013.
Troy Edgar, Cha
ATTEST:
9 11578.1