HomeMy WebLinkAbout11-28-2018 Steering Committee Agenda Packet.pdf11/28/2018 Steering Committee Agenda Page 1 of 3
AGENDA CALL TO ORDER
DECLARATION OF QUORUM: Clerk of the Board
PUBLIC COMMENTS: If you wish to address the Committee on any item, please complete a
Speaker’s Form (located at the table at the back of the room) and submit it to the Clerk of the Board or
notify the Clerk of the Board the item number on which you want to speak. Speakers will be recognized by the Chairperson and are requested to limit comments to three minutes.
REPORTS: The Committee Chairperson and the General Manager may present verbal reports on
miscellaneous matters of general interest to the Directors. These reports are for information only and
require no action by the Directors. CONSENT CALENDAR: The Consent Calendar Items are considered to be routine and will be
enacted, by the Committee, after one motion, without discussion. Any items withdrawn from the Consent
Calendar for separate discussion will be considered in the regular order of business.
1. APPROVAL OF MINUTES (Clerk of the Board)
RECOMMENDATION: Approve Minutes of the Regular Meeting of the Steering Committee held October 24, 2018. NON-CONSENT ITEMS 2. NEW POLICY REGARDING THE DISPOSITION OF EXTERNAL SIGNAGE ON ORANGE COUNTY SANITATION DISTRICT PROPERTY (Lorenzo Tyner)
RECOMMENDATION: Recommend to the Board of Directors to: Adopt Resolution No. OCSD 18-XX entitled: “A Resolution of The Board of Directors of Orange County Sanitation District Adopting The “Sign Removal Policy”.
Orange County Sanitation District Regular Meeting of the STEERING COMMITTEE
Wednesday, November 28, 2018 5:00 P.M. Administration Building Conference Rooms A & B
10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433
11/28/2018 Steering Committee Agenda Page 2 of 3
3. REVISED POLICY REGARDING BOARD OF DIRECTORS’ EXPENSE REIMBURSEMENT, MEETING ATTENDANCE AND COMPENSATION
(Lorenzo Tyner) RECOMMENDATION: Recommend to the Board of Directors to: Adopt Resolution No. OCSD 18-XX entitled: “A Resolution of the Board of Directors of the Orange County Sanitation District Adopting a Revised Policy Regarding Board of Directors’
Expense Reimbursement, Meeting Attendance and Compensation; and Repealing
Resolution No. OCSD 15-06.” 4. LABOR RELATIONS – CONTRACT NEGOTIATIONS (Celia Chandler)
RECOMMENDATION: Recommend to the Board of Directors to: Authorize/Direct the Steering Committee to form an Ad Hoc Committee for the purpose of interviewing and selecting an external Chief Negotiator for the upcoming contract negotiations with all six (6) bargaining units at the Orange County Sanitation District.
5. POSITION CHANGE FOR FY 2018-19 AND 2019-20 (Celia Chandler)
RECOMMENDATION: Recommend to the Board of Directors to: Approve an upgrade of the vacant Director of Finance & Administrative Services (Salary Grade
EM25) position to Director of Engineering (Salary Grade EM27).
6. STRATEGIC PLAN UPDATE (Rob Thompson) RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve the Strategic Plan 2018-2019 Update; and B. Direct staff to implement the goals and levels of service contained in the Plan.
CLOSED SESSION:
During the course of conducting the business set forth on this agenda as a regular meeting of the Board,
the Chair may convene the Board in closed session to consider matters of pending real estate
negotiations, pending or potential litigation, or personnel matters, pursuant to Government Code Sections
54956.8, 54956.9, 54957 or 54957.6, as noted.
Reports relating to (a) purchase and sale of real property; (b) matters of pending or potential litigation; (c) employment actions or negotiations with employee representatives; or which are exempt from public
disclosure under the California Public Records Act, may be reviewed by the Board during a permitted
closed session and are not available for public inspection. At such time as the Board takes final action
on any of these subjects, the minutes will reflect all required disclosures of information.
CONVENE IN CLOSED SESSION
(1) CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED LITIGATION (Government Code Section 54956.9(d)(2))
Significant exposure to litigation: Claim of Richard Spencer
11/28/2018 Steering Committee Agenda Page 3 of 3
RECONVENE IN REGULAR SESSION.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION:
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY:
ADJOURNMENT: To the Steering Committee meeting scheduled for Wednesday, December 19, 2018 at 5:00 p.m.
Accommodations for the Disabled: Meeting Rooms are wheelchair accessible. If you require any special disability related accommodations, please contact the Orange County Sanitation District Clerk of the Board’s office at (714) 593-9433 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability and the type of accommodation requested. Agenda Posting: In accordance with the requirements of California Government Code Section 54954.2, this agenda has been posted outside the main gate of the Sanitation District’s Administration Building located at 10844 Ellis Avenue, Fountain Valley, California, and on the Sanitation District’s website at www.ocsd.com not less than 72 hours prior to the meeting date and time above. All public records relating to each agenda item, including any public records distributed less than 72 hours prior to the meeting to all, or a majority of the Board of Directors, are available for public inspection in the office of the Clerk of the Board. Agenda Description: The agenda provides a brief general description of each item of business to be considered or discussed. The recommended action does not indicate what action will be taken. The Board of Directors may take any action which is deemed appropriate. NOTICE TO DIRECTORS: To place items on the agenda for a Committee or Board Meeting, items must be submitted to the Clerk of the Board 14 days before the meeting. Kelly A. Lore, MMC Clerk of the Board (714) 593-7433 klore@ocsd.com For any questions on the agenda, Committee members may contact staff at: General Manager Jim Herberg (714) 593-7300 jherberg@ocsd.com Assistant General Manager Lorenzo Tyner (714) 593-7550 ltyner@ocsd.com Assistant General Manager Rob Thompson (714) 593-7310 rthompson@ocsd.com Director of Environmental Services Jim Colston (714) 593-7450 jcolston@ocsd.com Director of Human Resources Celia Chandler (714) 593-7202 cchandler@ocsd.com Director of Operations & Maintenance Ed Torres (714) 593-7080 etorres@ocsd.com
10/24/2018 Steering Committee Minutes Page 1 of 3
MINUTES OF THE STEERING COMMITTEE
Orange County Sanitation District Wednesday, October 24, 2018 at 5:00 p.m.
A regular meeting of the Steering Committee of the Orange County Sanitation District was called to order by Board Chairman Greg Sebourn on Wednesday, October 24, 2018 at 5:01 p.m. in the Administration Building of the Orange County Sanitation District.
A quorum was declared present, as follows:
COMMITTEE MEMBERS PRESENT: Greg Sebourn, Board Chair David Shawver, Board Vice-Chair Peter Kim, LaPA Committee Chair
Chad Wanke, Administration Committee
Chair John Withers, Operations Committee Chair Ellery Deaton, Member-At-Large
COMMITTEE MEMBERS ABSENT:
Donald Wagner, Member-At-Large
STAFF PRESENT: Jim Herberg, General Manager Rob Thompson, Assistant General Manager
Lorenzo Tyner, Assistant General
Manager Celia Chandler, Director of Human Resources Jim Colston, Director of Environmental
Services
Kelly Lore, Clerk of the Board Jennifer Cabral Megan Carlson Mike Dorman
Al Garcia
Lori Karaguezian Mark Manzo Gerry Matthews Kathy Millea
Adam Nazaroff
Ddaze Phuong
OTHERS PRESENT: Brad Hogin, General Counsel
Al Krippner, Alternate Director MCSD
PUBLIC COMMENTS:
No public comments were provided.
REPORTS:
Chair Sebourn did not provide a report.
ITEM NO. 1
10/24/2018 Steering Committee Minutes Page 2 of 3
General Manager Herberg announced that an anonymous letter, addressed to the Board of Directors regarding OCSD’s rebate program, was distributed by the Clerk of the Board as late communication. He stated that he also provided a response letter
with information and background regarding the governing ordinances, explained how
customers can apply for rebates, and how third party companies also offer to submit rebate claims on behalf of the property owners. Mr. Herberg stated that OCSD is not affiliated in any way with the third-party companies.
After a brief discussion, the Committee agreed that a notification should be mailed to
the commercial businesses to remind them of the options available to apply for a rebate; and reach out to other business networks such as: OC Business Council, Association of Realtors, and the Apartment Owners Association to provide this information.
CONSENT CALENDAR: 1. APPROVAL OF MINUTES (Clerk of the Board)
Clerk of the Board Kelly Lore stated a correction to the minutes.
MOVED, SECONDED, AND DULY CARRIED TO: Approve Minutes of the Regular Meeting of the Steering Committee held on September 26, 2018 as corrected.
AYES: Deaton, Kim, Sebourn, Wanke and Withers
NOES: None ABSTENTIONS: None
ABSENT: Shawver and Wagner
Vice-Chair Shawver arrived at the meeting at 5:12 p.m.
INFORMATION ITEMS: 2. STRATEGIC PLAN UPDATE (Rob Thompson) Assistant General Manager Rob Thompson presented the Strategic Plan
Update focusing on the completed strategic goals in the previous five-year plan. With the bulk of the prior plan completed, he stated that staff is proposing a new process which will follow a two-year development cycle in support of the two-year budgeting process.
Mr. Thompson presented the proposed goals and initiatives for the 2018 Strategic Plan Update to include: Environmental Stewardship, Organizational Effectiveness, Operational Optimization, and Sustainabity. He then responded to questions regarding the two-year process, effect on bond rating, and interface with the General Manager’s workplan.
10/24/2018 Steering Committee Minutes Page 3 of 3
Mr. Thompson will present the final Strategic Plan Update to the Board of Directors for approval in November.
CLOSED SESSION CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(2):
The Board convened in closed session at 5:24 p.m. to discuss one item. Confidential
minutes of the Closed Session have been prepared in accordance with the above Government Code Section and are maintained by the Clerk of the Board in the Official Book of Confidential Minutes of Board and Committee Closed Session Meetings.
RECONVENED IN REGULAR SESSION: The Board reconvened in regular session at 5:29 p.m. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION: General Counsel Brad Hogin did not provide a report. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY: None. ADJOURNMENT:
Chair Sebourn declared the meeting adjourned at 5:30 p.m. to the next Steering Committee meeting to be held on Wednesday, November 28, 2018 at 5:00 p.m. Submitted by:
__________________ Kelly A. Lore, MMC Clerk of the Board
Page 1 of 3
STEERING COMMITTEE Meeting Date 11/28/18 To Bd. of Dir. 11/28/18
AGENDA REPORT Item Number 2 Item Number
Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Lorenzo Tyner, Assistant General Manager SUBJECT: NEW POLICY REGARDING THE DISPOSITION OF EXTERNAL
SIGNAGE ON ORANGE COUNTY SANITATION DISTRICT PROPERTY GENERAL MANAGER'S RECOMMENDATION Adopt Resolution No. OCSD 18-XX entitled: “A Resolution of the Board of Directors of
Orange County Sanitation District Adopting the ‘Sign Removal Policy’”. BACKGROUND The Orange County Sanitation District (Sanitation District) owns, operates, and maintains
real property and easements with various sewer facilities throughout its jurisdiction. Recently, Sanitation District staff has noted an increasing number of signs, banners, and/or advertisements posted by individuals, community groups, or other third parties on Sanitation District property. This sign removal policy will prevent litter and blight and preserve the health and safety of Sanitation District employees by allowing staff to remove
all such signs. It will be the policy of the Sanitation District to remove, without notice, all signs, banners, advertisements, and/or any object containing or bearing writing that is affixed, posted, or fastened to Sanitation District property by third parties.
RELEVANT STANDARDS
• Operate and maintain facilities to minimize impacts on surrounding communities,
including odor, noise, and lighting
• Maintain collaborative and cooperative relationships with regulators, stakeholders, and neighboring communities PROBLEM There is an increasing number of signs, banners, and/or advertisements posted by individuals, community groups, or other third parties on Sanitation District property causing litter and blight. PROPOSED SOLUTION Provide policy direction for the Board of Directors and staff to administer the disposition of signage not approved by the Sanitation District
Page 2 of 3
TIMING CONCERNS N/A
RAMIFICATIONS OF NOT TAKING ACTION Not taking this action will result in the continued use of Sanitation District property for external signage without approval of the Sanitation District.
PRIOR COMMITTEE/BOARD ACTIONS N/A
ADDITIONAL INFORMATION Procedures A) Sign Removal
Sanitation District staff may immediately and without prior notice remove a sign placed or maintained, in whole or in part, on Sanitation District property. Should a sign present a traffic hazard or other such dangerous condition, the sign should be removed as soon as practical. All other signs should be removed as the Sanitation District work schedule permits.
B) Notification of Removal No notification prior to removal is necessary. If the Sanitation District removes the sign and the name and address of the owner is reasonably ascertainable, the Sanitation District will notify the owner of the sign's removal within five working days of the date of
removal and provide the owner information regarding retrieval of the sign. Reasonably ascertainable means that the name and mailing address of the owner are displayed on the sign, or a name is displayed on the sign from which the Sanitation District can identify the name and address of the owner.
C) Storage of Removed Signs To the extent possible, if the owner is reasonably ascertainable, removed signs should be stored pending disposal or return to the rightful owner(s). Such signs should be stored in such a manner as to minimize damage.
D) Disposal of Signs Sanitation District staff may dispose of a removed sign unless it is claimed by the owner within 3 days after the date of removal or the date of notice, whichever is later. If the owner of the sign is not reasonably ascertainable, the Sanitation District may dispose of a removed sign upon removal.
CEQA N/A
Page 3 of 3
FINANCIAL CONSIDERATIONS The revisions to the Policy are not expected to have any major effects on the budget.
ATTACHMENT
The following attachment(s) are attached in hard copy and may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package and attachments:
• Proposed Resolution No. OCSD 18-XX
OCSD 18-XX-1
1352001.1
RESOLUTION NO. OCSD 18-XX
A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT ADOPTING THE “SIGN REMOVAL POLICY”
WHEREAS, the Orange County Sanitation District (“Sanitation District”) owns,
operates, and maintains real property and easements with various sewer facilities
throughout its jurisdiction; and
WHEREAS, many of the building walls and fences comprising and surrounding
these sewer facilities border public rights-of-way or are otherwise accessible to the public;
and
WHEREAS, signs, flyers, banners, and/or advertisements are, from time to time,
posted by individuals, community groups, or other third parties on Sanitation District
property; and
WHEREAS, to prevent litter and blight, and to preserve the health and safety of
Sanitation District employees, the Board of Directors has determined that staff may
remove all such signs, banners, flyers, advertisements, and/or any object containing or
bearing writing that is affixed, posted or fastened to Sanitation District property.
NOW, THEREFORE, the Board of Directors of the Orange County Sanitation
District, DOES HEREBY RESOLVE, DETERMINE AND ORDER:
Section 1. The Board of Directors adopts the Sign Removal Policy attached
hereto as Exhibit “A”.
PASSED AND ADOPTED at a regular meeting of the Board of Directors held
____________________, 2018.
________________________________ Gregory C. Sebourn, PLS Board Chairman
ATTEST:
______________________________ Kelly A. Lore, MMC
Clerk of the Board
OCSD 18-XX-2
1352001.1
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation District, do hereby certify that the foregoing Resolution No. OCSD 18-XX was passed and adopted at a regular meeting of said Board on the 28th day of November 2018, by the
following vote, to wit:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Orange County Sanitation District this 28th day of November 2018.
Kelly A. Lore, MMC Clerk of the Board of Directors Orange County Sanitation District
1356621.1
ORANGE COUNTY SANITATION DISTRICT
BOARD OF DIRECTORS POLICY
Control Number:
Version Number: 1
Approved By: Resolution No. OCSD 18-XX
Approved Date: 11/28/2018
Subject: Sign Removal Policy Effective Date: 11/28/2018
I. Purpose –The Sanitation District owns, operates, and maintains real property and easements with various sewer facilities throughout its jurisdiction. Recently, Sanitation District staff has
noted an increasing number of signs, banners, and/or advertisements posted by individuals, community groups, or other third parties on Sanitation District property. This sign removal policy
will prevent litter and blight and preserve the health and safety of Sanitation District employees by allowing staff to remove all such signs. II. Organizational Units Affected – All Sanitation District departments. III. Policy Statement
It is the policy of the Sanitation District to remove, without notice, all signs, banners, advertisements, and/or any object containing or bearing writing that is affixed, posted or fastened to Sanitation District property by third parties.
IV. Procedures
A. Sign Removal
Sanitation District staff may immediately and without prior notice remove a sign placed or maintained, in whole or in part, on Sanitation District property. Should a sign present a traffic hazard or other such dangerous condition, the sign should be removed as soon as practical. All other signs should be removed as the Sanitation District work schedule
permits.
B. Notification of Removal
No notification prior to removal is necessary. If the Sanitation District removes the sign and the name and address of the owner is reasonably ascertainable, the Sanitation
District will notify the owner of the sign's removal within five working days of the date of removal and provide the owner information regarding retrieval of the sign. Reasonably
ascertainable means that the name and mailing address of the owner are displayed on the sign, or a name is displayed on the sign from which the Sanitation District can identify
the name and address of the owner.
C. Storage of Removed Signs
To the extent possible, if the owner is reasonably ascertainable, removed signs should be stored pending disposal or return to the rightful owner(s). Such signs should be stored in
such a manner as to minimize damage.
1356621.1
D. Disposal of Signs
Sanitation District staff may dispose of a removed sign unless it is claimed by the owner within 3 days after the date of removal or the date of notice, whichever is later. If the
owner of the sign is not reasonably ascertainable, the Sanitation District may dispose of a removed sign upon removal.
V. Revision History
Version Date By Reason
1 New Implementation
Page 1 of 2
STEERING COMMITTEE Meeting Date 11/28/18 To Bd. of Dir. 11/28/18
AGENDA REPORT Item Number 3 Item Number
Orange County Sanitation District FROM: James D. Herberg, General Manager
Originator: Lorenzo Tyner, Assistant General Manager
SUBJECT: REVISED POLICY REGARDING BOARD OF DIRECTORS’ EXPENSE REIMBURSEMENT, MEETING ATTENDANCE AND COMPENSATION
GENERAL MANAGER'S RECOMMENDATION
Adopt Resolution No. OCSD 18-XX entitled: “A Resolution of the Board of Directors of the Orange County Sanitation District Adopting a Revised Policy Regarding Board of Directors’ Expense Reimbursement, Meeting Attendance and Compensation; and
Repealing Resolution No. OCSD 15-06.”
BACKGROUND
At the March 2018 Steering Committee meeting, staff was directed to revise the written policy regarding: travel approval, reimbursement of expenses, and possible cost sharing among those agencies benefitting from the travel. In addition to providing clarity, this revised policy requires that:
1) Reimbursement rates must be consistent with GSA Per Diem rates 2) All reimbursements that are delinquent or exceed policy be approved by the Board RELEVANT STANDARDS
• Comply with Government Code Section 53232.2
• Comply with Internal Revenue Service Publication No. 463
PROBLEM The Orange County Sanitation District’s (Sanitation District) current policy required additional clarity and guidance for reviewing and approving requests by Board Members to attend conferences and other events and to travel at the Sanitation District’s expense.
Staff recommends adopting a new policy to ensure there is clear, consistent policy
guidance that complies with all applicable laws and regulations. PROPOSED SOLUTION
Provide policy direction for the Board of Directors and staff to administer travel approvals
and expense reimbursements for Board Members attending conferences or traveling on Sanitation District business.
Page 2 of 2
TIMING CONCERNS The Sanitation District will continue approving conference attendance and paying Board
Member travel expenses in the absence of clear, consistent policy guidance. RAMIFICATIONS OF NOT TAKING ACTION Not taking this action will prevent the Sanitation District from providing clear guidance to
Board Members seeking approval to attend a conference or request reimbursement for
travel expenses. PRIOR COMMITTEE/BOARD ACTIONS
February 2015 - Adopted Resolution No. OCSD 15-06, a Revised Policy Regarding Board
of Directors’ Expense Reimbursement and Meeting Attendance and Compensation and to include a formal written policy regarding compensation mileage for Directors traveling to District meetings with reimburse mileage determined by the actual distance traveled from the closest starting point from the District.
March 2014 - Adopt Resolution No. OCSD 14-04 - Minor revisions were made to the previous resolution including: Reimbursement rates needed to be adjusted slightly to reflect the present cost of travel; conforming to the Ordinance setting the compensation of Directors; clarifying events and expenses that are subject to reimbursement and
compensation and reorganizing the policy for easier reference.
May 2006 - Adopt Resolution No. OCSD 06-11, A Resolution of the Board of Directors of Orange County Sanitation District Establishing a Policy Regarding Board of Directors' Business and Travel Expense Reimbursement, and Meeting Attendance and
Compensation, and Repealing Resolution No. OCSD 06-09.
CEQA N/A
FINANCIAL CONSIDERATIONS The revisions to the Policy are not expected to have any major effects on the budget.
ATTACHMENT
The following attachment(s) are attached in hard copy and may be viewed on-line at the OCSD website
(www.ocsd.com) with the complete agenda package and attachments:
• Proposed Resolution No. OCSD 18-XX
• Resolution No. OCSD 15-06
OCSD 18-XX-1
RESOLUTION NO. OCSD 18-XX A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
ORANGE COUNTY SANITATION DISTRICT ADOPTING A
REVISED POLICY REGARDING BOARD OF DIRECTORS’ EXPENSE REIMBURSEMENT, MEETING ATTENDANCE AND COMPENSATION; AND REPEALING RESOLUTION NO. OCSD 15-06
WHEREAS, pursuant to Government Code section 53232.2, the Board of Directors adopted a written policy governing compensable activities and reimbursable expenses for travel, meals, lodging, and incidentials; ; and
WHEREAS, the Board of Directors desires to revise the policy;
NOW, THEREFORE, the Board of Directors of Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE AND ORDER:
Section 1: Adoption of Policy and Establishment of Procedures. The Board of Directors hereby adopts the Directors Compensation and Expense Reimbursement Policy, set forth as Exhibit “A”, attached hereto and incorporated herein by reference. Section 2: Rescission of Inconsistent Resolutions and Policies. Resolution No.
OCSD 15-06 is hereby repealed. In addition, any prior resolutions and/or policies established by the Board of Directors that conflict with the policy set forth in Exhibit “A” shall be deemed rescinded to the extent of such conflict. PASSED AND ADOPTED at a regular meeting of the Board of Directors held
28th day of November 2018. ___________________________________ Gregory C. Sebourn, PLS
Chairman of the Board ATTEST:
________________________________ Kelly A. Lore, MMC Clerk of the Board
OCSD 18-XX-2
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE ) I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation
District, do hereby certify that the foregoing Resolution No. OCSD 18-XX was passed and adopted at a regular meeting of said Board on the 28th day of November 2018, by the following vote, to wit:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of Orange County Sanitation District this 28th day of November 2018.
Kelly A. Lore
Clerk of the Board of Directors
Orange County Sanitation District
1
EXHIBIT “A” ORANGE COUNTY SANITATION DISTRICT
BOARD OF DIRECTORS’ COMPENSATION AND EXPENSE REIMBURSEMENT POLICY This Policy governs compensation and reimbursement of expenses for members of the District’s Board of Directors. The Policy applies to both regular members of the Board and alternate members. ARTICLE I. DIRECTORS’ COMPENSATION Pursuant to an ordinance adopted by the Board of Directors, the District is authorized to compensate Board members in a specified amount for (1) attending each meeting of the Board of Directors, and (2) otherwise providing a day of service to the
District. The ordinance limits compensation to a specified maximum number of days per month. The Board of Directors may, from time to time, amend the ordinance to change the amount of compensation and/or the maximum number of compensable days per month.
As required by state law, 1 this Article identifies those activities that are compensable.
Section 1: Compensable Activities.
A. Meetings. Each regular Director shall be entitled to compensation for attendance at (1) each meeting of the Board of Directors; (2) each meeting of the Standing Committee on which the Director serves; (3) each meeting of an Ad Hoc Committee to which the Director has been duly appointed; and (4) each meeting of any joint governmental board, committee, or association to which the Director has been
appointed as the District’s representative. Each alternate Director shall be entitled to compensation for attendance at a meeting when, and only when, the alternate Director attends the meeting in place of the regular Director. B. Required Training. Each Director shall be entitled to compensation for
attendance at the ethics training required by Government Code Section 53235 and the sexual harassment training and education required by Government Code Section 12950.1. C. Other Activities. The Chair of the Board of Directors may, on a case-by-
case basis, authorize compensation of individual Directors for participating in the following types of activities: (1) meetings with representatives of local, regional, state, or national government on issues affecting the District; (2) meetings, conferences, and seminars sponsored by the California Association of Sanitation Agencies or the California Special
1 Health & Safety Code section 4733(c) and Government Code section 53232 et seq
2
Districts Association; (3) ceremonial events sponsored by the District; (4) ceremonial events sponsored by another organization if the Board Chair has authorized the Director to represent the District at the event; (5) meetings of a Standing Committee or Ad Hoc
Committee when the Director is not a committee member; (6) meetings of agencies,
nonprofit organizations, or service clubs when the Board Chair has authorized the Director to make a presentation on behalf of the District; and (7) meetings with District staff, including telephone conferences when physical attendance is impractical. In addition, the Steering Committee may, on a case-by-case basis, authorize compensation
of individual Directors for attending meetings, conferences, or seminars relating to
wastewater, local government, and/or other matters within the Board’s jurisdiction. D. Considerations. The Board Chair and the Steering Committee shall approve compensation under Section C above only for activities that provides a benefit
to the District. Benefits include, but are not necessarily limited to, the acquisition of
information, education, training, and skills that will further the District’s ability to protect public health and the environment by providing effective wastewater collection, treatment, and recycling. Other benefits include positive changes to federal and state statutes and regulations that govern the District, and maintenance of positive relations with the public
and other governmental agencies.
Section 2: Limitation.
In no event shall a Director receive compensation for more than one meeting or
other activity on the same day.
Section 3: Non-Compensable Activities. Notwithstanding Section 1 above, Board members shall not receive compensation
for the following activities: (1) attendance at meetings or events of nonprofit organizations or service clubs, except when the Board Chair has authorized the Director to make a presentation on behalf of the District as described in Section I.1.C. above; (2) District-sponsored employee events including, but not limited to, the annual employee holiday luncheon and retirement events; (3) parades, festivals, holiday events, or retirement
dinners; (4) meetings with existing or potential contractors, vendors, or consultants; (5) meetings of partisan political organizations; (6) meetings, tours, and similar events conducted at the request of the Board member; or (7) any activity not described in Section 1.C. above. ARTICLE II. REIMBURSEMENT OF DIRECTORS’ EXPENSES
Section 1: Approved Activities. In accordance with the terms of this Policy, the District will reimburse Directors for
certain expenses incurred in connection with the compensable activities described above
in Article I. The District will not reimburse Directors for any other expenses.
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Section 2: Reimbursable Expenses.
A. Transportation.
In travelling to and from events, Directors must use the most economical form of
transportation that is reasonably consistent with the Director’s travel and scheduling
requirements.
i. Mileage for Personal Vehicles.
The District will reimburse Directors for use of personal vehicles based on actual miles traveled at the then-current “standard mileage rate” adopted by the U.S. Internal
Revenue Service for use in deducting the cost of operating an automobile for business
purposes. The District will not reimburse Directors for any other personal vehicle expenses. When calculating mileage traveled by a Director to attend an event, the District will
use the lesser of (1) the distance from the administrative headquarters of the Director’s
member agency to the event, and (2) the actual distance traveled. Mileage reimbursements shall not exceed the cost of the lowest available airfare.
ii. Other Transportation Expenses.
When travel by personal vehicle is impractical, the District will reimburse Directors
for the actual cost of (1) regularly-scheduled travel by airplane, train, bus, or other
commercial carrier, (2) rental cars, and (3) taxis and other comparably-priced for-hire vehicles. The District will also reimburse Directors for related necessary travel expenses such as baggage fees, toll charges, and parking fees. Directors must take advantage of any government or group rates offered by a transportation provider.
Before deciding to travel by air, each Director must consider the total cost of alternatives, including the cost of ground transportation and any necessary lodging. Each Director should also consider alternative departure times, departure and arrival airports, dates, departure times, and stopovers to minimize airfare. Directors should request travel
arrangements as early as possible to take advantage of lower airfares.
Generally, the District will only reimburse Directors for air travel in coach class. When necessary based on a Director’s physical needs and/or the need to conduct meaningful work during a flight, the Board Chair has the discretion to approve
reimbursement of first class air travel. For trips that will exceed 24 hours, Directors must
use their personal cars to travel to and from the airport, and utilize long-term airport parking, rather than pay for a taxi or other transportation to and from the airport.
B. Lodging.
The District will reimburse Directors for actual and necessary lodging expenses
incurred in attending a conference, seminar, or meeting. Directors must take advantage of any government rate or group rate for lodging whenever possible. If there is no
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government or group rate, the District will reimburse Directors for lodging up to the per diem rate used by the U.S. Internal Revenue Service as the maximum allowable deduction for business-related lodging expenses. The per diem rates are set by the
General Service Administration (“GSA”) for federal employees. The rates are set forth at
GSA.gov/per diem. Lodging in connection with an activity that lasts only one day is considered “necessary” when the travel time to and from the activity exceeds two hours.
C. Meals.
The District will reimburse Directors for actual and necessary dining expenses incurred while attending (1) a conference, seminar, or meeting outside of the District, or (2) a District-related business meeting within the District. The District will reimburse Directors up to the applicable GSA per diem rate for each separate meal set forth at
GSA.gov/per diem.
D. Incidentals.
The District will reimburse Directors for actual and necessary incidental expenses incurred while attending a conference, seminar, or meeting outside the District, up to the applicable GSA per diem rate set forth at GSA.gov/per diem. Reimbursable expenses
include tips given to drivers, porters, bellhops, baggage carriers, and hotel housekeepers.
E. Travel Arrangements.
Each Director must utilize District staff to arrange all travel, lodging, and event registrations. The General Manager shall designate a District employee responsible for making these arrangements. The General Manager shall designate a single travel
agency for use in making all travel arrangements.
Section 3: Expenses That Are Not Reimbursable.
The District will not reimburse Directors for the costs of: (1) barber and/or beauty shop services; (2) fines for traffic or parking violations; (3) any person accompanying a Director on a District-approved trip or event; (4) personal telephone calls; (5)
fitness/health facility use; (6) massages; (7) alcoholic beverages; (8) entertainment
(movies, sporting events, etc.); or (9) vehicle expenses other than the standard mileage charge.
Section 4: Reimbursement Procedure.
Each Director seeking reimbursement must file with the Clerk of the Board an expense report no later than three weeks after the conclusion of the compensable activity. The report shall attach detailed, actual receipts for all expenses. The report shall document that each expense meets the requirements for reimbursement set forth in this
policy. Without limiting the foregoing, each report shall identify the compensable activity
5
and the date, nature, and purpose of each expense for which reimbursement is sought. For reimbursement of a personal vehicle expense at the standard mileage rate, the expense report shall identify the date of the travel, the actual miles traveled, and the
business purpose of the travel. The General Manager shall prepare a standard form of
expense report for use by Directors in seeking reimbursement.
Section 5: Board Reports.
Each Director seeking reimbursement of expenses incurred in connection with an
activity shall provide a brief report of the activity at the next regular meeting of the Board of Directors.
Section 6: Other Expenses.
Any expense that does not meet the requirements of this policy may be reimbursed only if the Board of Directors approves the expense at a public meeting before the expense is incurred.
ARTICLE III. PENALTIES.
Any Director that misuses public resources or falsifies an expense report required by this policy is subject to the following penalties: (1) loss of reimbursement privileges; (2) restitution of the District; (3) civil penalties for misuse of public resources pursuant to Government Code Section 8314; and/or (4) prosecution for misuse of public resources
pursuant to Penal Code Section 424.
RESOLUTION NO. OCSD 15-06
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
ORANGE COUNTY SANITATION DISTRICT ADOPTING A
REVISED POLICY REGARDING BOARD OF DIRECTORS'
EXPENSE REIMBURSEMENT AND MEETING ATTENDANCE
AND COMPENSATION AND REPEALING RESOLUTION NO.
OCSD 14-04
WHEREAS, pursuant to Government Code section 53232.2, the Board of Directors
has adopted a written policy specifying the types of occurrences that qualify a member of
the Board of Directors to receive reimbursement of expenses related to travel, meals,
lodging, and other actual and necessary expenses; and
WHEREAS, the District currently has no uniform procedure for calculating and
reimbursing travel expenses for meetings; and
WHEREAS, the Board of Directors desires to revise its policies to standardize the
calculation and reimbursement of travel expenses for meetings;
NOW, THEREFORE, the Board of Directors of Orange County Sanitation District,
DOES HEREBY RESOLVE, DETERMINE AND ORDER:
Section 1: Adoption of Policy and Establishment of Procedures. The Board of
Directors hereby adopts the revised Policy Regarding Board of Directors' Expense
Reimbursement and Meeting Attendance and Compensation, set forth on Exhibit "A",
attached hereto and incorporated herein by reference.
Section 2: Rescission of Inconsistent Resolutions and Policies. Resolution No.
OCSD 14-04 is hereby rescinded. In addition, any prior resolutions and/or policies
established by the Board of Directors that are in conflict with the policy set forth in Exhibit
"A" shall be deemed rescinded to the extent of such conflict.
PASSED AND ADOPTED at a regular meeting of the Board of Directors held
February 25, 2015,
of the Board
1069790.1
Tom Beamish
Chairman of the Board
OCSD 15-06-1
STATE OF CALIFORNIA )
) SS
COUNTY OF ORANGE )
I, Kelly Lore, Acting Clerk of the Board of Directors of the Orange County Sanitation
District, do hereby certify that the foregoing Resolution No. OCSD 15-06 was passed and
adopted at a regular meeting of said Board on the 25th day of February, 2015, by the
following vote, to wit:
AYES: Beamish; Choi; Curry; Ferryman; Jones; Kiley; Kim ; Kring;
Massa-Lavitt (Alternate) Mills; R. Murphy; Nagel; Nielsen;
Peterson (Alternate); Sebourn; Shawver; F. Smith; T. Smith;
Tinajero; Wanke; Withers; and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: Bartlett; Diep and Parker
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of Orange County Sanitation District this 25th day of February, 2015.
1069790.1 OCSD 15-06-2
EXHIBIT "A"
ORANGE COUNTY SANITATION DISTRICT
POLICY REGARDING BOARD OF DIRECTORS' EXPENSE
REIMBURSEMENT AND MEETING ATTENDANCE AND COMPENSATION
This Policy applies to all regular District Board Members and Alternate Board
Members.
ARTICLE I: TERMS AND DEFINITIONS
As used in this Policy, the following terms shall have the identified meanings.
"Accountable Plan" shall mean the Internal Revenue Service Publication No.
463 for Travel, Entertainment, Gift and Car Expenses, or any successor publication.
"Alternate Board Member" shall mean a Member of the District's Board of
Directors designated by the Director's agency to serve in the absence of the Board
Member.
"Board Chair" shall mean the Member of the District's Board of Directors who
has been elected by the other Members to serve as Chair.
"Board Vice-Chair" shall mean the Member of the District's Board of Directors
who has been elected by the other Members to serve as Vice-Chair. Whenever this
Policy authorizes or requires the Board Chair to act, the Board Vice-Chair may act in the
event that the Board Chair is reasonably unavailable to act.
"Board Member" shall mean a Member of the District's Board of Directors,
appointed by a member agency pursuant to California Health and Safety Code Section
4730.65.
"Director" shall mean a Member of the District's Board of Directors, and is the
same as "Board Member" as described above.
"Incidentals" shall mean any minor, miscellaneous expense incurred during
travel, including but not limited to, telephone, facsimile or computer connection service,
local ground transportation, baggage handling and storage, and snacks.
"Travel Liaison" shall mean the Secretary to the General Manager, or such
other employee as designated in writing by the General Manager.
1069790.1 OCSD 15-06-3
ARTICLE II. BUSINESS AND TRAVEL EXPENSE REIMBURSEMENT
Section 1: General Provisions.
The District shall reimburse Board Members for actual and necessary expenses
incurred in the performance of their official duties, in accordance with this Article II.
Reimbursable expenses include, but are not necessarily limited to, expenses related to
travel, meals, and lodging.
This Policy serves as the District's "Accountable Plan" under the applicable
requirements of the Internal Revenue Code and Treasury Regulations.
Section 2: Activities Eligible for Reimbursement.
Board Members may receive reimbursement for actual and necessary expenses
incurred in the performance of official duties in connection with the following activities:
i. Communicating with representatives of regional, state, and national
government on issues or matters affecting the District;
ii. Attending conferences and/or educational seminars designed to
improve the Board Members' expertise and information levels, including, but not limited
to, ethics training required pursuant to Government Code Section 53234;
iii. Participating in regional, state, and national organizations whose
activities support the District's interests;
iv. Attending District events at the invitation of the Board Chair,
General Manager, or his/her designee; and
v. Implementing a strategy approved by the District for District-related
matters.
vi. Meetings such as those listed above for which compensation is
expressly authorized under this Policy.
A Board Member and his or her Alternate Board Member cannot both be compensated
for attendance at the same event without prior approval by the Board Chair.
Section 3: Responsibilities.
A. Directors shall be familiar with and comply with this Policy; ensure that all
travel and other reimbursable expenses are reasonable; coordinate multiple Director
participation at conferences to avoid unnecessary duplication; and promote economic
means of travel. The Board Chair may approve or deny requests for travel or business
activities and reimbursements for Board Members.
1069790.1 OCSD 15-06-4
B. The General Manager shall be familiar with and comply with this Policy;
ensure all travel and other reimbursable expenses are reasonable; coordinate multiple
Director participation at conferences; and promote economic means of travel.
C. The Travel Liaison shall be familiar with and comply with this Policy;
promote economic and reasonable means of travel; and inform the General Manager of
all travel expenses that have not been reconciled. The Travel Liaison will also arrange
all travel, lodging, accommodations, and seminar/conference registrations for Directors.
The Travel Liaison shall use the District's designated travel agency for booking all air
and ground travel. The General Manager is authorized to grant exceptions on a case-
by-case basis. Any travel or registration not booked through the Travel Liaison, or not
granted an exception, may be subject to payment by the Director without
reimbursement from the District.
D. The District Controller shall be familiar with and comply with this Policy;
ensure all travel and other reimbursable expenses conform to this Policy.
Section 4: Designated Travel Agency.
The District will designate a single travel agency for the Travel Liaison to use to
arrange all travel and lodging accommodations for Directors.
Section 5: Seminars. Conferences. and Meetings.
A. Directors may from time to time receive requests or may elect to attend
meetings or conferences pertaining to the water and wastewater utility industry.
Attendance at seminars, conferences, and meetings, such as the aforementioned, must
be approved in advance by the Steering Committee, except when specifically pre-
authorized by this Policy. In the event there is not sufficient time to receive approval
from the Steering Committee, the Board Chair has the authority to approve such a
request in advance. Any such approval shall be ratified by the Steering Committee at
its next regularly scheduled meeting.
B. Directors may be asked to, or may desire to, give presentations or
otherwise represent the District at seminars, conferences, or meetings. Any Director
wishing to attend such events and represent the District by providing a presentation or
oral commentary shall request and receive advance authorization from the Steering
Committee. If such a request is granted, all expense reimbursements and travel and
meeting attendance requirements shall comply with this Policy. In the event there is not
sufficient time to receive authorization to act as District representative from the Steering
Committee, the Board Chair has the authority to approve such a request in advance.
Any such approval shall be ratified by the Steering Committee at its next regularly
scheduled meeting.
1069790.1 OCSD 15-06-5
C. The number of Directors attending a seminar, conference, or meeting
should be minimized, and there must be a District business reason for attendance.
Such reasons would include, but are not limited to: presentation of technical findings;
attendance at committee meetings, or technical sessions dealing with issues related to
District business; or participation as an officer of the association or trade group
organizing the event.
D. Seminars must be selected based on value to the District. Benefits would
include improved efficiency and effectiveness, as well as becoming familiar with new
regulatory standards. Preference will be given to seminars that are provided within the
Southern California region.
E. Attendance at seminars, conferences, or meetings in "destination resort"
areas outside California or areas outside the continental United States may only be
approved by the Steering Committee.
Section 6: Ground Transportation.
A. The most economical mode and class of transportation reasonably
consistent with travel and scheduling requirements will be used. 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 a personal vehicle on
business of the District. 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.
B. In no event shall the amount paid for mileage reimbursement for use of a
personally-owned vehicle used for travel in lieu of air travel, exceed the lowest available
cost of coach class airfare.
C. Personally-owned vehicles used in the conduct of District business must
be insured for property and liability damage in an amount not less than the minimum
limits required by the California Financial Responsibility Act.
D. Reasonable vehicle parking and storage costs will be allowed when rental
or personally-owned vehicles are used for District business.
E. Highway and bridge tolls are allowable expenses when incurred while
conducting District business.
F. Directors should only use rental cars for ground transportation when
necessary or when it is less expensive than other forms of transportation such as trains,
buses, taxis, or shuttles. Discretion must be used in selecting rental car size. The
rental car should be the smallest size that provides adequate safety and comfort for the
1069790.l OCSD 15-06-6
period of time it is in use. To accommodate a group of travelers, a larger vehicle may
be rented in lieu of renting separate vehicles.
G. Directors will not be reimbursed for any surplus insurance purchased for
rental cars. The District and Director are sufficiently insured through existing District
policies. Only Directors are allowed to operate rental cars.
H. Use of chauffeur-driven limousines is not allowed while conducting District
business.
I. When using ground transportation other than personally-owned vehicles,
Directors shall use government and group rates offered by the provider of transportation
services when available.
Section 7: Air Travel .
A. Air Travel must be at coach class level. First class travel will only be
allowed on an exception basis and must be approved in advance by the Board Chair,
based upon physical needs or ability to conduct meaningful work while on board.
B. Air Travel should be arranged as early as possible to take advantage of
reduced fares for early reservations. Consideration should be given to alternative
departure times, departure and arrival airports, dates, flight times, and stopovers to
minimize airfares; however, the total cost of the alternatives (e.g., ground transportation,
lodging) should also be considered in selecting an alternative. Internet booking services
can be consulted to help in finding the optimum alternative; however, flights must still be
reserved by the Travel Liaison.
C. Government and group rates for airline travel shall be used when
available.
Section 8: Lodging.
A. Government and group rates offered by a provider of lodging services
shall be used when available.
B. When travel is to a conference or organized educational activity, lodging
costs shall not exceed the maximum group published by the conference or activity
sponsor. Some conferences require early booking to take advantage of reduced rates.
If lodging cannot be arranged at the conference group rate, other lodging
accommodations may also be arranged if the cost is less than or equal to the
conference group rate.
C. Overnight stays may be allowed for meetings or training functions lasting
more than one day in OCSD's general geographical area (Orange, Los Angeles,
1069790.1 OCSD 15-06-7
Ventura, San Bernardino, Riverside, San Diego, Imperial and Kern Counties) when the
travel time involved is significant.
Section 9: Meals and Incidentals.
Meal expenses are allowed while Directors are traveling. Expenditures for meals
will be moderate and reasonable. Expenses for meals not associated with travel but
related to an appropriate business purpose meeting, are also allowed. Non-travel
business meals will only be reimbursed if taken in conjunction with a District business
meeting. All meals that are subject to reimbursement will not exceed the rates indicated
below.
A. Reimbursement Rates. Directors will be reimbursed for actual meal
expenses, including all taxes and gratuities, up to the amounts in Internal Revenue
Service Publication 463, or any successor publication, or as specifically indicated below,
whichever is less. If meal expenses exceed the allowance amount, the Director will only
be reimbursed the allowance amount, with the remainder being paid by the Director. If
meal expenses are less than the allowable amount, only the actual expense amount will
be reimbursed. All meal expenses must be documented in detail in accordance with
this Policy. When receipts are provided, the maximum per meal/expense
reimbursements are as follows:
Breakfast
Lunch
Dinner
Snacks
$15.00
$20.00
$30.00
$10.00
Multiple meal expenses cannot be combined to pay for a more expensive single
meal. The Policy is applied strictly as a per meal expense. In no event will a Director
be reimbursed more than $75 per travel day.
Receipts must provide a detailed account from the restaurant describing actual
costs. Restaurant bill stubs do not provide sufficient detail and are not acceptable for
reimbursement. Credit card receipts may be accepted, subject to Board Chair approval
if itemized, if detailed meal receipts are not provided by the restaurant.
B. Non-Reimbursable Meals and Incidentals. Directors will not be
reimbursed for the following:
i. Meals that are included in the cost of a conference or seminar, nor
for meals taken elsewhere in lieu of the meal provided.
ii. Meals provided by others. Conflict of interest policies and
applicable statutes should be considered when providing meals for or receiving meals
from persons or entities other than the District representatives.
1069790.1 OCSD 15-06-8
iii. Meals provided to a spouse or guest.
iv. Alcoholic beverages.
Section 10: Extended Travel and/or Travel with Family Members.
A. When a Director elects to extend his/her stay at travel destinations, or
when traveling with family members, all expenses related to such extended or family
travel, including, but not limited to airfare, extra meals, extended car rental, lodging, or
incidentals shall be paid by the Director without reimbursement.
B. When travel time restrictions or transportation discounts make it desirable
for a Director to arrive at a conference, seminar, or meeting a day early, or to stay an
additional day, those travel days must be approved by the Board Chair in advance.
Section 11: Requests for Reimbursement.
A. Requests for reimbursement shall be submitted and coordinated through
the Travel Liaison, no later than three weeks after the travel has concluded. The Travel
Liaison shall ensure that all applicable forms and receipts are prepared and attached,
and follow District procedure on expense reimbursement. A delinquent expense report
will not be reimbursed unless justified in writing and approved by the Board Chair. All
requests for reimbursement must be accompanied by receipts or documentation
evidencing each expense. Improper expenditures, or those not adequately
documented, will not be reimbursed. Non-essential expenses, including but not limited
to, in-room movies, service bar, and similar extras will not be reimbursed.
B. All expense reports shall include detailed receipts and state the date, type
of expense, District business purpose, those in attendance and their affiliations, and
amounts expended. If a receipt is misplaced or lost, a lost/unavailable receipts
memorandum must be prepared detailing the information required for the expense
report, including the date, payee, description of the expense, business purpose, those in
attendance, and the amount. The memorandum must be signed by the General
Manager and attached to the reimbursement request.
Section 12: Brief Reports to Board.
At the next regular meeting of the Board of Directors following the event for which
reimbursable expenses are incurred, Directors shall briefly report, orally or in writing, on
any meetings attended at District expense. If multiple Directors attended the meeting at
District expense, a joint report may be made to the Board of Directors.
1069790.1 OCSD 15-06-9
Section 13: Misuse of Resources; Falsification of Reports.
Any Board member that misuses public resources, or falsifies expense reports,
may lose reimbursement privileges, be required to pay restitution, and/or be subject to
civil penalties and/or criminal prosecution.
ARTICLE Ill. COMPENSATION
Section 1: Stipends and Compensation.
A. Rate. Directors shall be paid compensation for each meeting attended
and for each day's service rendered as a member of the Board, at the rate established
by District Ordinance, in accordance with this Policy. Directors may receive
compensation up to a maximum number of days each month, as prescribed by District
Ordinance.
B. Authorized Meetings. Directors shall receive compensation, without
further action or authorization of the Steering Committee or Board of Directors, for
attendance at the following:
i. Board of Directors Meetings, Standing Committee Meetings, Special
Committee Meetings, and Ad Hoc Committee Meetings, at which the Director is a duly
appointed member;
ii. Meetings, conferences, and committee meetings of the California
Association of Sanitation Agencies, and the National Association of Clean Water
Agencies;
iii. Meetings of other governmental agencies to which the Director was
appointed by the Board Chair;
iv. Meetings or events approved by the Board Chair. Meetings or events
not approved by the Board Chair or listed above are not considered business of the
District.
C. Travel Reimbursement. For the purposes of calculating mileage to attend
the meetings described in Section 1 B of this Article, Directors shall be reimbursed for
the lesser of: the mileage from their primary administrative local government office, or
the actual distance travelled.
1069790.1 OCSD 15-06-10
Section 2: Waiver of Compensation.
Directors may waive their compensation or so choose to be compensated at a
lower rate than the rate established under District Ordinance. Such requests must be
submitted in writing to the Clerk of the Board.
Section 3: Additional Service Subject to Compensation.
Each day's service rendered as a Member of the District's Board of Directors
shall be deemed to include, but not be limited to:
A. Attendance at any meeting of a Committee of which the Director is not a
member, when expressly invited or requested to attend by the Board Chair.
B. Attendance at conferences or meetings with State and/or Federal
Legislators regarding District business, when approved by the Steering Committee.
C. Attendance at a meeting, hearing, or conference relating to the business
of the District, when approved by the Steering Committee or Board Chair, or when
designated by the General Manager with the concurrence of the Board Vice-Chair in
advance, and when deemed to be in the best interests of the District, including but not
limited to the following:
i. Meetings of nonprofit organizations or service club meetings where
a Board Member is making a presentation on behalf of the District.
ii. Ceremonial events when attending as an official representative of
the Board of Directors of the District.
iii. Meetings with other elected officials or their employees, which may
or may not include District staff.
iv. Meetings of the governing body of another agency, of which the
District has an official delegate, where a matter directly affecting the interests of the
District is agendized for discussion and the Board Member is not compensated by the
other agency.
v. Meetings with District Staff.
vi. Industry related conferences other than California Association of
Sanitation Agencies' or National Association of Clean Water Agencies' work
conferences.
vii. Telephone conferences when physical attendance is impractical
and not mandatory.
1069790.1 OCSD 15-06-11
viii. Ethics training required by Government Code sections 53234 -
53235.5.
Section 4: Non Compensable Attendance.
Board Members shall not be compensated for the following meetings where there
is no District-related business to be conducted:
A. Nonprofit organization meetings.
B. Nonprofit organization events.
C. District-sponsored employee events, including, but not limited to,
the annual holiday luncheon, employee picnic, or retirement events.
D. Social or ceremonial events not pre-authorized by the Steering
Committee.
E. Service club meetings other than those included in Sections 1 and
3 above.
F. Parades, festivals, holiday events, or retirement dinners.
G. Meetings with existing or potential contractors, vendors, or
consultants.
H. Meetings of partisan political organizations.
I. Meetings, tours, and similar events conducted at the request of the
Board Member.
Section 5: One meeting per day.
No Director shall receive compensation for attendance at more than one meeting
on any one calendar day.
Section 6: Alternates.
No Alternate Director shall receive compensation for attendance at any meeting
or event unless serving in the absence of the regular Director, unless the Board Chair
invites the Alternate Director to attend the meeting and approves payment of
compensation.
1069790.1 OCSD 15-06-12
ARTICLE IV. EFFECTIVE DATE
This Policy was duly adopted by action of the Board of Directors, on February 25,
2015 and shall be effective upon its adoption.
1069790.1 OCSD 15-06-13
Page 1 of 3
STEERING COMMITTEE Meeting Date 11/28/18 To Bd. of Dir. 11/28/18
AGENDA REPORT Item Number 4 Item Number
Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Celia Chandler, Director of Human Resources SUBJECT: LABOR RELATIONS – CONTRACT NEGOTIATIONS
GENERAL MANAGER'S RECOMMENDATION Authorize/Direct the Steering Committee to form an Ad Hoc Committee for the purpose of interviewing and selecting an external Chief Negotiator for the upcoming contract
negotiations with all six (6) bargaining units at the Orange County Sanitation District. BACKGROUND Since 2002, the Orange County Sanitation District (Sanitation District) has primarily
utilized external Chief Negotiators, labor attorneys and experts in labor law, to negotiate labor contracts. In 2002, the Board of Directors hired Steve Filarsky, from Filarsky & Watt, as the Chief Negotiator to negotiate contracts with all six (6) of the Sanitation District’s bargaining units. During the subsequent round of contract negotiations in 2007, the Board directed then General Manager, Jim Ruth, to serve as the internal Chief Negotiator with
all bargaining units. After his retirement, Mr. Ruth was hired as an external Chief Negotiator to conduct contract negotiations with the Supervisor and Professional Management Group (SPMT) in 2013. In 2014, the Board of Directors authorized Mr. Filarsky to serve as an external Chief Negotiator for contract negotiations with the Orange County Employees Association (OCEA) and the International Union of Operating
Engineers Local 501 (Local 501). During the most recent round of negotiations in 2016, the Board of Directors authorized Laura Kalty from Liebert, Cassidy, & Whitmore to serve as the external Chief Negotiator to negotiate contracts with all six (6) of the Sanitation District’s bargaining units.
RELEVANT STANDARDS
• Cultivate a highly qualified, well trained, motivated, and diverse workforce
• Offer competitive compensation and benefits
• Maintain positive employer-employee relations
• Negotiate fair and equitable labor agreements
PROBLEM Contract negotiations are expected to begin with all six (6) bargaining units prior to the expiration of their respective MOU’s in June 2019. In preparation for the upcoming
negotiations, the Sanitation District’s labor negotiations team and Sanitation District’s
Page 2 of 3
Chief Negotiator will need to work closely with Board leadership to set parameters and develop negotiation strategies.
PROPOSED SOLUTION
It is recommended that the Steering Committee form a three (3) member Ad Hoc Committee for the purpose of interviewing and selecting an external Chief Negotiator from the following short-list of firms recommended by staff:
• Liebert, Cassidy, & Whitmore
• Rutan & Tucker
• Filarsky & Watt
• Andelson, Atkinson, Loya, Ruud, & Romo
TIMING CONCERNS On June 30, 2019, the Memorandums of Understanding (MOU’s) with all six (6) of the Sanitation District’s bargaining units will expire. It is anticipated that the selection of the Chief Negotiator will be presented to the Board of Directors for consideration and
authorization during the December 2018 Board Meeting, leaving approximately six (6)
months for preparation and negotiation once the Chief Negotiator is hired. PRIOR COMMITTEE/BOARD ACTIONS
On February 24, 2016, the Steering Committee authorized the Board Chair to hire Laura
Kalty, from Liebert, Cassidy, & Whitmore, as recommended by the Ad Hoc Committee, to serve as the Sanitation District’s Chief Negotiator for labor negotiations with all six (6) bargaining units.
On January 27, 2016, the Steering Committee directed an Ad Hoc Committee to interview
and select an external Chief Negotiator from a short-list of vendors including:
• Liebert, Cassidy, & Whitmore
• Rutan & Tucker
• Filarsky & Watt
• Atkinson, Andelson, Loya, Ruud, & Romo
On January 22, 2014, the Board approved Steve Filarsky as the Chief Negotiator for the OCEA and Local 501 contracts. On January 8, 2014, the Ad Hoc Committee met to interview the firms from the short-list
of vendors. The Ad Hoc Committee recommended Steve Filarsky, from Filarsky & Watt for Board consideration at the January 22, 2014 Board Meeting. On December 11, 2013, the Administration Committee elected to form an Ad Hoc Committee to include three (3) Board members for the purpose of interviewing and
selecting a Chief Negotiator from the short-list of vendors.
Page 3 of 3
On November 20, 2013, the Steering Committee provided direction to the Administration Committee to interview and select an external Chief Negotiator from a short-list of vendors including:
• Liebert, Cassidy, & Whitmore
• Rutan & Tucker
• Filarsky & Watt
• Atkinson, Andelson, Loya, Ruud, & Romo ADDITIONAL INFORMATION
On June 30, 2019, the Memorandums of Understanding (MOU’s) with all six (6) of the Orange County Sanitation District bargaining units will expire. Three (3) of the bargaining units are represented by the Orange County Employees Association (OCEA). OCEA represents 102 OCSD employees, who perform paraprofessional and administrative jobs.
One (1) bargaining unit is represented by the International Union of Operating Engineers
- Local 501 (Local 501). Local 501 represents 200 Sanitation District employees, who perform operations, maintenance and other trade-related jobs. The remaining two (2) bargaining units are represented by the Supervisor and Professional Management Group (SPMT) affiliated with the American Federation of State, County and Municipal
Employees (AFSCME). SPMT/AFSCME represent 65 Sanitation District employees that
are responsible for supervisory duties across all Divisions. In addition, SPMT/AFSCME represent 210 Sanitation District employees holding professional, exempt-level positions who perform analytical work.
CEQA
N/A FINANCIAL CONSIDERATIONS
It is estimated that the cost for labor relations consulting for all negotiations will total $100,000. This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted in the FY 2018-19 annual budget.
ATTACHMENT
The following attachment(s) are included in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package:
• Labor Relations Consulting Firm Information: 1. Atkinson, Andelson, Loya, Ruud & Romo 2. Filarsky & Watt 3. Rutan & Tucker
4. Liebert Cassidy Whitmore
Sub Practice Area: Collective Bargaining
& Labor Relations
AALRR has over 30 years of experience representing municipalities, counties and public agencies in all
aspects of their relationships with employees and labor unions, including collective bargaining negotiations,
meet and confer issues and grievance arbitrations. We also provide in-service training to clients in contract
implementation and interpretation, and in grievance processing.
Our services in regard to negotiations include:
Acting as spokesperson or advisor in negotiations•Drafting and reviewing proposed contractual language•Consulting with and advising the administration and governing board regarding negotiations•Working with cities and agencies representing clients through mediation and fact-finding•
Related Practice Areas
Employment Law
Cities, Counties & Special Districts
Districts May Insist To Impasse On Proposals That Retain Discretion Over Mandatory Subjects of Barga
State to Lock in Building Workers
Cerritos • Fresno • Irvine • Pleasanton • Riverside • Sacramento • San Diego
Cerritos Office 12800 Center Court Drive Suite 300 Cerritos, California 90703
(562) 653-3200 Phone (562) 653-3333 Fax www.aalrr.com
Irvine Office 20 Pacifica, Suite 400 Irvine, California 92618
(949) 453-4260 Phone (949) 453-4262 Fax JAY G. TRINNAMAN
Senior Associate jtrinnaman@aalrr.com Labor and Employment Law Experience Jay Trinnaman is a Senior Associate in the Cerritos office of Atkinson, Andelson, Loya, Ruud & Romo. Mr. Trinnaman’s background as an attorney includes representing employers in both the public and private sector. His practice emphasizes all aspects of labor relations and employment law matters, including representation of employers in disciplinary and grievance arbitrations, unfair labor practice charges before PERB, EEOC/DFEH charges, collective bargaining, writ of mandate matters, and advice and counsel. In addition to representing California employers, Mr. Trinnaman is licensed to practice law in the State of Nevada where he has had success on behalf of clients in business litigation matters, including: Obtaining an arbitration award of $1.8 million plus attorney’s fees in a breach of
contract matter on behalf of a client in the hospitality industry; and obtaining an arbitration award of $1.1 million in damages and attorney’s fees against a client’s former employee for breach of the confidentiality provision of his employment contract.
Prior to joining AALRR, Mr. Trinnaman had five years of experience representing clients in the field of law enforcement, including serving as General Counsel for the California Organization of
Police and Sheriffs. He has an extensive background in all matters pertaining to the Public Safety Officers Procedural Bill of Rights Act. Publications and Speaking Engagements Mr. Trinnaman has regularly conducted seminars and workshops to groups of public and private sector employers, including the firm’s annual Employment Law Conference, the California Public Employers Labor Relations Association (CALPELRA), the Southern California Public Labor Relations Council, and the County Counsels’ Association of California. He has presented on a wide variety of labor and employment topics, including public employee First Amendment rights, employee privacy rights in an era of new technologies, the Public Safety Officers Procedural Bill of Rights Act and the Firefighters Procedural Bill of Rights Act, employee due
process and pre-deprivation rights, reductions in force, off-duty misconduct, the nuts and bolts of proper employee documentation, and defense against retaliation and whistleblowing claims. He also contributes to the firm’s publications.
Education Mr. Trinnaman received his Bachelor of Arts degree from Vanderbilt University and his Juris
Doctor from the Tulane University School of Law.
Admissions 2001, State Bar of California; and 2005, State Bar of Nevada
1
Administrative Hearings
Arbitrations before professional
neutrals involving private
agreement, contract or an
administering agency, such as
the California State Mediation
and Conciliation Service
United States Department of
Labor
Equal Employment Opportunity
Commission
California Department of Fair
Employment and Housing
Employment Development
Department
Department of Industrial
Relations
California Public Employees'
Retirement System Board of
Administration
California Public Employment
Relations Board
Civil Service and other Public
Agency Commissions and
Boards
FILARSKY &WATT LLP
ATTORNEYS AT LAW OJAI OFFICE
STEVE A.FILARSKY 1441 NINETEENTH STREET 408 BRYANT CIRCLE,SUITE C
SHARON A.WATT MANHATTAN BEACH,CALIFORNIA 90266 OJAI,CA 93023
(310)545-7825 (805)640-2970
FACSIMILE (310)545-2999 FACSIMILE(805)640-2980
PRACTICE OF THE FIRM:
Filarsky & Watt LLP specializes in representing public sector employers statewide in all
matters pertaining to employer- employee relations. The firm has been in existence since
March 1986. Our firm provides the following services:
Personnel Administration
Review and develop employee handbooks,
personnel rules and policies
Design and assist in implementing discipline,
grievance and hearing procedures
Review and develop recruitment and selection
procedures
Wage and hour administration
Conduct harassment and discipline training
Termination and layoff; termination agreements
Collective Bargaining and
Contract Administration
Contract negotiation, administration and
enforcement
Counseling on collective bargaining
Strategy and techniques
Collective bargaining representation, including
concession bargaining
Administrative Proceedings
and Employment Litigation
Disciplinary hearings, grievances and appeals
Investigations
Wrongful termination and harassment
Title VII and Americans with Disabilities Act
Federal and State discrimination and civil rights
Writs of mandate
Appeals
2
Bear Valley Community
Healthcare District
Chino Basin Municipal Water
District
City of Azusa
City of Baldwin Park
City of Buena Park
City of Carlsbad
City of Chino Hills
City of Colton
City of Commerce
City of Costa Mesa
City of Duarte
City of Fullerton
City of Glendora
City of Hemet
City of Hermosa Beach
City of Hesperia
MANAGEMENT OF THE FIRM:
The firm is owned by Steve A. Filarsky and Sharon A. Watt. Steve A. Filarsky is the
managing partner. When the firm was formed in 1986, a decision was made to stay
small to provide the personalized service not found at larger firms.
NEGOTIATIONS EXPERTISE:
Mr. Filarsky has served as a chief management-spokesperson in collective bargaining
negotiations with law enforcement, fire protection, transit, teacher, and miscellaneous
public employee bargaining units. He has represented the following clients in
negotiations:
City of Lake Elsinore
City of La Palma
City of Montebello
City of Monterey Park
City of Orange
City of Palos Verdes Estates
City of Placentia
City of Redlands
City of Rialto
City of San Gabriel
City of Signal Hill
City of Yorba Linda
Eastern Municipal Water District
Orange County Sanitation District
Orange County Vector Control District
Orange County Water District
South Bay Public Regional
Communications Authority
The agreements negotiated on behalf of these and other employers, depending on the
particular philosophy and circumstances of a given agency, have run the gamut from brief
understandings limited to benefit items to comprehensive labor-type agreements that
define substantially all terms of employment, and through management rights and
"zipper" types of clauses, providing protection to management's ability to manage the
agency.
In addition to conducting negotiations and impasse resolutions for public employers, Mr.
Filarsky continually works with cities, counties, and other public agencies that employ staff
personnel to do their own negotiations. This arrangement has involved all aspects of
consultation and related services, including writing initial bargaining proposals, providing
training and advice concerning negotiating strategies, and giving general advice when
particular problems arise.
3
LEGAL PROCEEDINGS:
Mr. Filarsky has represented public employers in administrative hearings before City
Councils, Civil Service Commissions, Personnel Commissions, Arbitrators, Equal
Employment Opportunity Commission, Fair Employment Practices and Housing
Commission, Public Employment Relations Board, and the Unemployment Insurance
Appeals Board. He has represented public employers in Superior Court, State Court of
Appeal, California Supreme Court, Federal District Court, Ninth Circuit Court of Appeals and
United States Supreme Court proceedings. Examples of such representations, in addition to
many of the agencies listed earlier, include:
City of Bell
City of Bell Gardens
City of Brea
City of Burbank
City of Costa Mesa
City of Downey
City of Fountain Valley
City of La Mirada
City of La Puente
City of La Verne
City of Manhattan Beach
City of Malibu
City of Norco
City of Ontario
City of Pismo Beach
City of Pomona
City of Rancho Cucamonga
City of Torrance
County of Riverside
Rancho California Water District
Twin Cities Police Department
West Cities Police Communications JPA
Mr. Filarsky has the unique distinction of prevailing, unanimously, in both the California
State Supreme Court (Filarsky v. Superior Court (2002) 28 Cal.4th 419, 49 P.3d 194, 121
Cal.Rptr.2d 844) and the United States Supreme Court (Filarsky v. Delia (2012) 132 S.Ct.
1657).
TRAINING:
Mr. Filarsky has conducted workshops for employee discipline, performance evaluation,
grievance handling, and negotiations for the League of California Cities, California Public
Employer Labor Relations Association, California Joint Powers Insurance Authority and
many individual clients.
MR. FILARSKY'S BACKGROUND:
Mr. Filarsky received his Bachelor of Arts degree in Political Science/Public
Administration, graduating Magna Cum Laude, from Loyola University of Los Angeles. He
received his Juris Doctor degree from Loyola University School of Law, graduating with
honors, in December 1979. Mr. Filarsky was admitted to the California State Bar in May
1980.
Before becoming an attorney, Mr. Filarsky was responsible for the labor relations program
of the City of Garden Grove for three and one-half years. Prior to that, he was employed by
the City of Manhattan Beach.
4
REFERENCES
California Joint Powers
Insurance Authority
Jon Shull, Executive Director
(562) 467-8717
City of Brea
Tim O'Donnell, City Manager
(714) 990-7715
City of Chino Hills
Michael Fleager, City Manager
(909) 590-1511
City of Costa Mesa
Lance Nakamoto
Human Resources Manager
(714) 754-5899
City of Culver City
Serena Wright
Human Resources Director
(310) 253- 5642
City of Fountain Valley
Jean Hirai, Personnel Director
(714) 593-4400
City of Fullerton
Gretchen Beatty
Human Resources Director
(714) 738-6360
City of Lake Elsinore
Barbara Leibold, City Attorney
(951) 471-0465
City of La Mirada
Tom Robinson, City Manager
(562) 943-0131
City of La Palma
Ellen Volmert, City Manager
(714) 690-3333
City of Malibu
Christi Hogin, City Attorney
(310) 643-8448
City of Oceanside
John Mullin, City Attorney
(760) 435-3979
City of Redlands
Enrique Martinez, City Manager
(909) 798-7510
City of San Gabriel
Steve Preston, City Manager
(626) 308-2805
City of San Marino
John Schaefer, City Manager
(626) 300-0718
City of Signal Hill
Ken Farfsing, City Manager
(562) 989-7300
Eastern Municipal Water District
Paul Jones, General Manager
(909) 928-3777
Orange County Vector Control District
Michael Hearst, General Manager
(714) 721-1824
GUIDING CLIENTS TO SUCCESS
Rutan & Tucker’s lawyers are widely known as the best and most effective attorneys in California.
Rutan recruits top lawyers from the finest law schools around the country. As a result, Rutan is staffed
with attorneys of the highest caliber who provide the most sophisticated legal services available today.
Rutan’s commitment to excellence and value set us apart from other top firms, and enable us to meet the
challenge of obtaining the desired results for our clients at the best possible cost.
Rutan’s roots lie in Orange County, California, and trace back to 1906. Today, Rutan & Tucker’s practice
extends nationwide, while maintaining our connection to the fabric of Orange County and California.
Rutan & Tucker continues to distinguish itself as Orange County’s largest full-service law firm, as it has
for decades, while also developing a significant presence in Silicon Valley.
EXCELLENCE INTEGRITY TEAMWORK
RUTAN & TUCKER
Who We Are
PALO ALTO OFFICECOSTA MESA OFFICE
NAVIGATE COMPLEX
PROBLEMS IN
A TIMELY AND
EFFICIENT MANNER
Rutan & Tucker represents a broad spectrum of clients, from major multinational
corporations and financial institutions to family-owned businesses and private
individuals; from high technology and industrial enterprises to agricultural firms;
from real estate developers to governmental agencies, educational institutions, and
charities. The firm’s practice extends throughout the United States and includes
both the representation of foreign companies doing business in the United States
and domestic companies engaged in activities abroad.
Our attorneys come from more than thirty law schools nationwide. Many graduated
Order of the Coif or Phi Beta Kappa, were the editors of law reviews or held judicial
clerkships. The accomplishments of our attorneys reflect the quality of Rutan &
Tucker. Rutan attorneys teach law school classes and professional education
courses. Many Rutan lawyers hold significant positions in trade, charitable and
civic organizations.
The firm’s tradition is one of fresh, strategic thinking and going forward, we will
continue to make history with a continued commitment to excellence and integrity
for many decades to come.
RUTAN & TUCKER
People
GUIDE OUR
CLIENTS THROUGH
DIFFICULT SITUATIONS
BUSINESS LITIGATION
Appellate Practice Group
Banking and Finance
Construction Law Corporate Restructuring and Creditors’ Rights Intellectual Property/Technology Tax Unfair Competition/Class Action Defense Group CORPORATE/SECURITIES/TAX/INTELLECTUAL PROPERTY
Banking and Finance
Corporate Restructuring and Creditors’ Rights
Intellectual Property/Technology
Life Sciences Tax Trusts/Estates EMPLOYMENT/LABOR Agreements and Plan Documents Alternative Dispute Resolution
Compliance Audits
Counseling on Compliance and Litigation Avoidance
Defense of Class-Action Litigation
Government Agency Enforcement Proceedings and Investigations Human Resources Policy Review and Development Labor Law Representation Litigation of Disputes in California and Federal Courts GOVERNMENT & REGULATORY LAW Affordable Housing/Economic Development
Condemnation/Property Valuation
Education Law
Environmental Law
Government Relations and Political Law Land Use/Natural Resources Tax
REAL ESTATE Affordable Housing/Economic Development Banking and Finance
Condemnation/Property Valuation
Construction Law
Corporate Restructuring and Creditors’ Rights
Environmental Law Land Use/Natural Resources Tax
RUTAN & TUCKER
Areas of Expertise
Rutan’s BUSINESS LITIGATION lawyers are skilled advocates
with a track record of courtroom triumphs in federal and state
courts and stand ready to achieve the best possible litigation
outcome for our clients. Our lawyers appreciate that litigation
can put a strain on a client’s human and financial resources. We
work closely with our clients to develop case strategies and
solutions that fit each client’s needs and objectives. Because
a trial to judgment in federal or state court may not be the best
solution to a business dispute, our lawyers are adept negotiators
with extensive experience with mediation, arbitration and
other alternative dispute resolution processes. Clients such
as publicly traded corporations, privately-held entities, early-
stage entrepreneurial ventures, not-for-profit organizations
and individuals rely on our strategic thinking and creative
problem-solving to resolve their disputes quickly, effectively
and efficiently.
Rutan’s CORPORATE, SECURITIES, TAX and INTELLECTUAL
PROPERTY lawyers provide a wide array of transactional legal
services to public and private companies, including public and
private offerings of securities, tender offers, going-private
transactions, preparation and review of periodic reports filed
with the Securities and Exchange Commission, representation
in mergers and acquisitions, corporate finance transactions,
tax planning and intellectual property matters. Our clients are
included in a broad range of industries, including technology,
information services, manufacturing and construction. We often act as general counsel, assisting our clients with business
formation, business financing, strategic relationships, corporate
partnering, corporate governance, cross-border transactions
and intellectual property protection, including disputes
relating to all aspects of intellectual property infringement and
ownership.
Rutan’s EMPLOYMENT AND LABOR lawyers represent private
sector employers (both public and privately-held companies) in
a wide variety of employment and labor law matters. Our areas
of specialization include litigation in state and federal courts
(e.g., defense of discrimination, wrongful termination, and
wage-hour claims), alternative dispute resolution (mediation or
arbitration), defense of employment class actions, litigation
of trade secret and unfair competition disputes, representation
of employers before state and federal administrative agencies,
and investigations, counseling, human resources policy review
and development, and compliance audits, with an emphasis on
the unique challenges of complying with California law. We also
handle “traditional” labor law matters such as union organizing,
unfair labor practice claims, grievances and arbitrations, and
collective bargaining.
Rutan’s GOVERNMENT & REGULATORY LAW lawyers represent
public and private clients throughout the state, including a wide
variety of transactional and litigation practice areas: land use,
CEQA/NEPA, natural resources, eminent domain/inverse
condemnation, endangered species, solid waste and recycling,
toxic substances, governmental relations, public contracts, labor
law, education, municipal finance, elections, water law, and storm
water regulation. We represent scores of public agencies. Our public agency clients include cities, school and community college
districts, water districts, public finance authorities, community
service districts, counties, and other local governmental entities.
We have a robust practice representing private land owners,
businesses, and developers in dealings with public agencies
(local, state & federal) throughout California. As a result of
Rutan’s unrivaled expertise, we are at the forefront of evolving
legal developments and are adept at handling complex problems.
Rutan’s REAL ESTATE lawyers analyze all aspects of a potential
transaction, from assessing alternative strategies and deal
structures, to negotiating and drafting all required documents. We
handle the sale and disposition of real property transactions
across the entire nation. Whatever the opportunity or challenge,
the depth and breadth of real estate experience allows us to
evaluate all aspects of a real estate transaction in a broad range
of industries. When your real estate interests intersect with our
other practices areas, we leverage the expertise of our lawyers
to more efficiently achieve your objectives. We can provide tax,
affordable housing, environmental, land use, governmental
regulation and litigation advice to enhance your real estate
investments.
OUR COMMITMENT
TO DIVERSITY IS
INSEPARABLE FROM
OUR COMMITMENT
TO EXCELLENCE
Rutan & Tucker recruits, retains and promotes talented
professionals from a variety of backgrounds and skill sets,
resulting in a culture that thrives on a variety of perspectives.
Diversity is a valued and important part of our culture and our community. Our work environment is characterized
by respect for others, encouragement for all to excel and equal
opportunity for everyone.
Recognizing the significant benefits and value of a diverse work
force, Rutan & Tucker is committed to increasing the diversity of
our law firm in a manner that promotes the firm’s core values of
excellence, teamwork, and integrity. As the largest full-service
law firm based in Orange County, California, Rutan has played
an active role in the County’s maturation into a world-class
metropolitan area that reflects the richness of California’s
cultural diversity. We strive to achieve that same result within
our law firm, acknowledging that diversity benefits our firm, our
clients, and our community.
Diversity at Rutan means more than a guarantee of equal
opportunity in hiring, compensation, promotion and career
development. Rutan’s commitment to diversity is a permanent and ongoing part of firm management, as
embodied in Rutan’s Recruiting and Diversity Committees. Our
Recruiting Committee’s efforts to bring outstanding new lawyers
of varied backgrounds to Rutan have resulted in new associate
classes consisting of more than 50 percent women and 33
percent persons of color over the past five years.
RUTAN & TUCKER
Diversity Commitment
The Diversity Committee’s primary task is to assist in retaining
and promoting women attorneys and associates of all cultures,
backgrounds, and lifestyles who might face particular challenges
in a traditional law firm environment. We are pleased that a
growing number of Rutan’s partners are women and minorities.
The firm and its Diversity Committee promotes mentorship, and
senior attorneys conduct small group meetings with associates
to encourage open dialogue on issues of concern. The Diversity
Committee also encourages participation in wide-ranging
activities that promote diversity outside of the firm, such as those
sponsored by the Orange County Diversity Task Force (of which
Rutan is a founding member) and minority bar associations.
OUR PHILANTHROPY
Improving the lives of others in our community is just the right
thing to do. Given our exceptional talent, Rutan & Tucker is proud
to set the standard for community involvement. We perform pro
bono legal work through foundations Rutan is involved with, and
we support more than 200 charitable programs and philanthropic
efforts throughout Orange County and California, including,
in part:
Anti-Defamation League | Big Brothers Big Sisters | Boys & Girls Club | California Historical Group | Camp Fire USA | Casa Youth Shelter | Chapman University |
Children’s Hospital of Orange County | Constitutional Rights Foundation | Court
Appointed Special Advocates | Community In Schools (CIS) | Downs Syndrome Association | Fair Housing Council | Girls Inc. | Goodwill Industries | Housing with
Heart | Jamboree Housing Corporation | Legal Aid Society | Mariposa Women’s
& Family Center | Olive Crest | One OC | Orange County Bar Foundation | Orange County Business Council | Orange County Children’s Therapeutic Arts Center | Segerstrom Center For The Arts | Public Law Center | Raise Foundation | Second
Harvest Food Bank | Share Our Selves | Smart Foundation | Special Olympics |
St. Joseph’s Hospital Foundation | Susan G. Komen Breast Cancer Foundation | U.S. Adaptive Recreation Center | We Give Thanks | Wyland Foundation
TEAMWORKRRES LTSUINTEGRITYTANALYSISAUNCOMMONN
RUTAN.com
ORANGE COUNTY611 Anton Boulevard, Suite 1400, Costa Mesa, CA 92626 P 714.641.5100 F 714.546.9035
PALO ALTOFive Palo Alto Square, 3000 El Camino Real, Suite 200, Palo Alto, CA 94306-9814 P 650 320 1500 F 650 320 9905
Firm Overview
Rutan & Tucker's highly strategic, forward thinking approach to individual cases and client needs has
been the hallmark of the firm since A.W. Rutan opened his first law office in 1906. Rutan & Tucker has
enjoyed a leading role in shaping Orange County and California businesses and communities, today
standing as the largest full-service business law firm based in Orange County. With approximately 141
attorneys in Orange County and 9 in Palo Alto, Rutan & Tucker is well-positioned to meet the legal
needs of a broad range of clients doing business in California and beyond.
Rutan & Tucker represents a broad spectrum of clients, from major multinational corporations and
financial institutions to family-owned businesses and private individuals; from high-technology and
industrial enterprises to agricultural firms; from real estate developers to governmental agencies,
educational institutions, and charities. The firm's practice extends throughout the United States and
includes both the representation of foreign companies doing business in the United States and
domestic companies engaged in activities abroad.
Our attorneys come from more than thirty law schools nationwide. Many graduated Order of the Coif or
Phi Beta Kappa, were the editors of law reviews or held judicial clerkships. The accomplishments of our
attorneys reflect the quality of Rutan & Tucker. The firm has provided a president and two members of
the board of governors of the California State Bar and six presidents of the Orange County Bar
Association. Some of the firm's attorneys teach professional education courses or law school classes.
Many hold significant positions in trade, charitable and civic organizations.
The firm's tradition is one of fresh, strategic thinking and going forward, we will continue to make history
with a continued commitment to excellence and new thinking for many decades to come.
RELATED NEWS
2/2/2011 Rutan & Tucker, LLP Employment And Labor Law Seminar Draws Crowd
1/20/2011 Nineteen Rutan &Tucker Partners Named “Southern California Super
Lawyers”for 2011
1/3/2011 'Waiting for Superman' Panel Sponsored By Rutan & Tucker, LLP
12/22/10 Karen Walter of Rutan & Tucker LLP Helps Coach El Dorado High School
Mock Trial Team to VIctory
10/1/2010 Nine Partners At Rutan & Tucker, LLP Named To 2011 List Of Best Lawyers
11/23/2010 Anti-Defamation League Names John Hurlbut of Rutan & Tucker, LLP, a 2010
Jurisprudence Prize Winner
5/1/2010 Heather Herd Of Rutan & Tucker, LLP Interviewed On KOCE’s Real Orange
News Program
10/27/2010 Jeffrey Hill, General Counsel of California Bank & Trust, Wins Los Angeles
Business Journal's General Counsel Award
3/25/2008 Nine Rutan &Tucker Partners Named to “Super Lawyers”Corporate
Counsel Edition
4/5/2010 Partner Penelope Parmes Of Rutan & Tucker, LLP Honored By The Orange
County Bankruptcy Forum
2/2/2011 Rutan & Tucker, LLP Employment And Labor Law Seminar Draws Crowd
1/20/2011 Nineteen Rutan &Tucker Partners Named “Southern California Super
Lawyers”for 2011
1/3/2011 'Waiting for Superman' Panel Sponsored By Rutan & Tucker, LLP
12/22/10 Karen Walter of Rutan & Tucker LLP Helps Coach El Dorado High School
Mock Trial Team to VIctory
10/1/2010 Nine Partners At Rutan & Tucker, LLP Named To 2011 List Of Best Lawyers
11/23/2010 Anti-Defamation League Names John Hurlbut of Rutan & Tucker, LLP, a 2010
Jurisprudence Prize Winner
5/1/2010 Heather Herd Of Rutan & Tucker, LLP Interviewed On KOCE’s Real Orange
News Program
10/27/2010 Jeffrey Hill, General Counsel of California Bank & Trust, Wins Los Angeles
Business Journal's General Counsel Award
3/25/2008 Nine Rutan &Tucker Partners Named to “Super Lawyers”Corporate
Counsel Edition
4/5/2010 Partner Penelope Parmes Of Rutan & Tucker, LLP Honored By The Orange
County Bankruptcy Forum
A Professional Law Corporation
www.lcwlegal.com
Firm Resume
Employment Law | Labor Relations | Education Law | Management Training
FIRM RESUME
With offices in Los Angeles, San Francisco, Fresno, and San Diego, Liebert
Cassidy Whitmore provides services for a majority of California’s public
agencies, including special districts. The Firm is a full service employment, and
labor relations law firm providing consultation, representation, litigation,
negotiation and investigation services to public agency management, as well as
legal advice on a variety of business, construction, and facilities issues. In
addition, the Firm produces a wide-range of dynamic management training
workshops and seminars in employment and labor relations issues to special
districts, cities, counties, courts, schools, and community college districts.
Negotiation Services
Members of Liebert Cassidy Whitmore have successfully negotiated thousands of labor
agreements for special districts, cities, counties, and school and college districts. The
agreements negotiated on behalf of public employers, depending upon the particular
philosophy and circumstances of a given agency, have run the gamut from brief understandings limited to benefit items to comprehensive labor agreements that define substantially all terms of employment. These comprehensive MOU’s, through management rights, waivers and “zipper” type clauses, provide protection to management’s ability to manage the agency. Members of the firm are experienced in collaborative/interest based bargaining techniques as well as the more traditional labor negotiations approach. In addition to conducting negotiations for public employers, we continually work with public agencies that employ staff personnel to do their own negotiations. This arrangement has involved all aspects of consultation and related services, including writing initial bargaining proposals, reviewing counter-proposals, providing training and advice concerning negotiating strategies, and giving general advice when particular
problems arise.
Negotiating Impasses Services provided by members of the firm have included direct participation, as well as general consultation in hundreds of mediation, fact-finding and arbitration proceedings.
Strikes
We have worked with many public sector clients in contingency planning for job actions
and in assisting them in strike-related activities. A firm partner co-authored the
“Management Strike Handbook” published by the International Personnel Management
Association.
FIRM RESUME
Contract Administration and Grievance Handling
The firm has extensive experience in the area of grievance administration, ranging from
giving advice at the administrative levels of the grievance process through litigating
arbitration cases.
Public Employment Relations Board Representation
Members of the firm have had many years of experience representing our clients in all
phases of PERB proceedings, from consultation and responses to Unfair Labor Practice
claims through PERB hearings and court appeals. A firm partner served as counsel to the PERB Board's first Chairperson as well as serving as a PERB Administrative Law Judge. Another firm partner served as a representative of the League of California Cities and the California Association of Counties in the legislative and administrative proceedings in connection with the PERB assuming jurisdiction over local agency employment relations.
Our Approach to Negotiations
We work with and for the chief administrative official and his/her designated staff, and through him/her with the Governing Body. We provide professional advice to assist the agency in determining its policy goals and objectives, which then become our goals and objectives; we see our job as applying our best efforts and skills to achieving them.
We believe in carefully organizing for negotiations, with goals and objectives kept well in mind. The negotiating process, we believe, consists of definable stages, from preparatory activities to the preliminary bargaining phases, “hard bargaining,” and finally to agreement, impasse procedure, or work action. Each stage of the process requires an organized approach in order to maximize the chances of attaining bargaining objectives.
Our philosophy is not one of “union busting,” but rather one of using a professional
approach that seeks to achieve and maintain professional relationships,
notwithstanding the adversarial aspects of the process.
We call to the attention of our clients that in return for agreeing to competitive
benefit adjustments, it is reasonable for them to seek to contractually protect and
maximize their management discretion to set standards of service and retain the
prerogative to direct, assign, and stimulate employees to meet them.
We see the conclusion of negotiations as the beginning for establishing a constructive employer-employee organization-employee relations structure, which requires management training and ongoing involvement with agency management on our part.
FIRM RESUME
While one member of the firm handles a particular negotiating unit, at least one other designated attorney will be kept advised so that at all times the client has access to an attorney who is familiar with the status of the situation in each bargaining unit.
Local Agency Employment Law Services
We have worked closely with city attorneys, county counsels and general counsels, and have directly handled the representation for our local agency clients in literally hundreds of legal proceedings before civil service and personnel boards, arbitrators, the Public Employment Relations Board (PERB), state and federal EEO and other administrative agencies and the courts. These proceedings have covered the full spectrum of employer-employee relations matters, including such matters as civil service appeals, recognition and unit representation matters, unfair labor practice charges and related negotiating issues, employment discrimination matters, pension and disability issues, wrongful termination and Fair Labor Standards Act claims.
Investigations Practice Group
The firm’s Investigation Practice Group specializes in investigating allegations of discrimination, harassment and other misconduct. Our investigative practice primarily serves private sector employers and public sector agencies that are not already firm clients. However, we also represent current clients on a case-by-case basis depending upon the specific facts and allegations at issue.
We continue to publish articles and present workshops on the topic of investigations. Our
workshops identify the key components of a successful investigation including how and
when to begin an investigation, who should conduct the investigation, how to maintain
confidentiality, how to organize and execute an effective investigation, and how to
evaluate the facts and take corrective action once the investigation is completed.
Audit Services
By virtue of the public agency background of members of the firm, we have extensive experience in developing local agency Employer-Employee Relations Resolutions/
Ordinances and personnel policies and procedures. A firm partner developed the
League of California Cities Sample Employer-Employee Relations and Personnel
Policies and Procedures Ordinances. The firm does extensive work in reviewing agency
civil service/personnel policies and rules to assure continuing consistency with the ever-
changing dictates of EEO and affirmative action, labor relations and other laws and
administrative regulations.
Members of the firm conduct comprehensive audits regarding agency’s compliance with the Fair Labor Standards Act (FLSA). Additionally, the firm publishes a comprehensive guide, “Fair Labor Standards Act: A Public Sector Compliance Guide,” that serves as a reference to agencies across the country.
FIRM RESUME
To learn more about the FLSA Audits, log onto www.FLSAaudit.com where you can
find detailed information about what an FLSA audit entails.
Contracts, Construction and Facilities
We represent and advise special districts on a broad spectrum of issues in business and facilities, both transactional and litigation. Our services include the following:
Pre-bid issues, Bid Protest and Procedures, Subcontractor Substitution Issues
Competitive Bidding and Contract Award Issues
Project Delivery Methods, Architect Agreements, CM/PM Agreements
Course of Construction Issues, Stop Payment Notices, Takeover Agreements
Construction Litigation, Change Orders, Delay Claims
Other Construction Issues, Labor Compliance Programs and Prevailing Wage
Real Property and Eminent Domain, CEQA and Green Building Issues
Non-Construction Contract Review, Purchasing Issues, Surplus Property Distribution
Public Safety Representation
On a daily basis, LCW provides advice, consul and representation to fire safety and law
enforcement management and their respective executives in a variety of issues that
impact professional public safety administrators. A number of LCW attorneys have had
the privilege of representing public safety professionals for more than 30 years. Having
proudly earned the trust and respect of several generations of public safety
professionals, LCW accommodates the emergency nature of public safety related
employee relations by being readily accessible to assist in addressing issues of
administrative leave, administrative/criminal investigations, and investigative methodology and strategic planning. With its immense public safety related experience, LCW brings both legal acumen and practical knowledge to its client interactions.
Disciplinary Investigations
Our attorneys are experts in both the Firefighters and Public Safety Officers Procedural
Bill of Rights and are always available to provide timely advice to your investigators.
We routinely review investigations in order to assess the strengths and weaknesses of
investigations and any discipline which may result.
Our lawyers have obtained important appellate court victories including the following cases: Upland Police Officers Association v. City of Upland (2003) 111 Cal.App.4th 1294; Gilbert v. Sunnyvale (2005) 130 Cal.App.4th 1264; Steinert v. Covina (2006) 146 Cal.App.4th 458; Benach v. County of Los Angeles (2007) 149 Cal.4th 836; and Los
Angeles Deputy Sheriffs v. County of Los Angeles, Los Angeles County Sheriff’s
Department et al (2008) 166 Cal.App.4th 1625.
FIRM RESUME
We continue to publish articles and present workshops on the topic of internal affairs/disciplinary investigations. Our workshops identify the key components of a successful investigation including how and when to begin an investigation, who should conduct the investigation, how to maintain confidentiality, how to organize and execute an effective investigation, and how to evaluate the facts and take corrective action once the investigation is completed.
Disciplinary Hearings
Every disciplinary case is serious, but those which occur in the public safety context are not only serious but also complicated by the special protections afforded to public safety personnel by laws including the Firefighters and Public Safety Officers Procedural Bill of Rights Acts. Our lawyers have successfully handled hundreds of disciplinary cases over the years.
Retirement Practice
The firm provides advice and counsel to public agencies regarding the laws and
regulations of public employee retirement plans, including PERS, the County 1937 Retirement Act, and local agency retirement laws, as well as on retiree health insurance issues. The firm defends public agencies that are sued regarding retirement issues, defends public agencies and their employees and retired employees in retirement in cases where PERS acts to reduce benefits, and represents public agencies in disability and industrial disability retirement appeals. The firm helps agencies defend against PERS and other retirement board audits and, where necessary, files administrative appeals to challenge any negative audit findings. Members of the firm advise on all issues related to PERS, 1937 Act and STRS benefits. For example, we provide advice and counsel to clients regarding retirement formulas, the rules on reportable compensation, PERS and 37 Act contract amendments, disability retirement procedures and obligations, service credit, GASB issues, unfunded liabilities,
retiree health benefits, vested rights and elected official benefits.
Retirement issues have major impacts on agency labor relations. The firm provides
strategy and guidance during negotiations in regards to retirement benefits, including
acting as chief negotiator. We review agency policies and collective bargaining
agreements/memoranda of understanding to ensure that they comply with applicable
law.
We represent agencies in retirement related administrative appeals and litigation, and have assisted agencies defend claims of underfunding as well as fiduciary obligations.
FIRM RESUME
Litigation Services
Liebert Cassidy Whitmore attorneys strive to prevent employment or other disputes before they arise through education, training, audits, advice, planning, and cooperative employer-employee relations. When employment or other disputes do arise, our defense efforts are designed to meet each client’s particular needs, goals, and budget. We specialize in representing public agencies in the defense of legal actions and enjoy the reputation of a results-oriented, successful litigation firm. We are experts in all phases of litigation in both federal and state courts: pleading, discovery, motion practice, alternative dispute resolution, settlement and trial. Our particular expertise is the defense of public agencies in actions brought by
employees, former employees, applicants or other individuals alleging employment
related claims such as violations of the California Fair Employment and Housing Act;
Federal Civil Rights Acts (e.g., section 1981 and 1983 claims); Americans with
Disabilities Act; Age Discrimination in Employment Act; Fair Labor Standards Act;
Meyers-Milias-Brown Act; Family and Medical Care Leave Acts; wrongful termination;
and violation of state and/or federal constitutional rights such as due process, First
Amendment and privacy rights. The firm’s attorneys have handled a number of cases that have culminated in jury trials resulting in defense verdicts. These cases included claims for violation of constitutional rights; violation of the Age Discrimination in Employment Act; violation of the disability provisions contained in the Fair Employment and Housing Act; reverse discrimination; sex discrimination; sexual harassment; national origin discrimination; age discrimination; intentional infliction of emotional distress and retaliation claims under both state and federal laws. Our expertise also includes defending and prosecuting claims on behalf of public entities related to business, contract and property issues and construction projects and practices, including contract disputes, delay claims, assessment of liquidated damages, stop
payment notice claims, subcontractor substitutions, boundary disputes, and many other
construction and business related claims.
Consulting and Training Services
One of the firm’s greatest sources of accomplishment comes from its record of success in counseling and advising its clients on the best ways to avoid becoming a party to adversary proceedings. We were “pioneers” in the training field by creating “consortiums” of agencies. The thirty-two Employment Relations Consortiums (ERCs) are comprised of over 500 special districts, cities, counties, schools, and community
college districts as well as other public sector agencies.
FIRM RESUME
As part of our ERC services, we provide ongoing training on current developments in labor relations and personnel law on subjects including negotiation strategies; performance evaluations; disciplinary actions; employment discrimination, including
harassment and ADA issues; Family and Medical Care Leave Acts; violence in the
workplace; effective supervision; grievance administration; law enforcement issues and
special workshops for governing board members. Experience over the years confirms
that not only have the member agencies found the consulting and training services
helpful, but an invaluable opportunity for the exchange of ideas and information
between agency management.
The firm provides individual training services to public agencies on a half-day or full-day basis. We customize these training programs to the precise needs of the client. Members of the firm make presentations on employment relations law issues to a variety of professional organizations including:
Association of California Water Agencies
Association of Chief Business Officials
California Association of Joint Powers Authorities
California County Counsels Association
California Fire District Association
California Law Enforcement Association of Records Supervisors
California Municipal Finance Officers
California Peace Officers Standards and Training (POST) Academy
California Police Chiefs Association
California Public Employer Labor Relations Association
California Sanitation Risk Management Authority
California Special Districts Association
California State Bar Labor and Employment Law Section
California State Sheriffs Association
Fire Districts Association of California
International Personnel Management Association
League of California Cities
6033 West Century Blvd.
5th Floor
Los Angeles, CA 90045
tel: 310.981.2000
fax: 310.337.0837
153 Townsend St.
Suite 520
San Francisco, CA 94107
tel: 415.512.3000
fax: 415.856.0306
5250 North Palm Ave.
Suite 310
Fresno, CA 93704
tel: 559.256.7800
fax: 559.449.4535
550 West “C” Street
Suite 620
San Diego, CA 92101
tel: 619.481.5900
fax: 619.446.0015
Page 1 of 3
STEERING COMMITTEE Meeting Date 11/28/18 To Bd. of Dir. 11/28/18
AGENDA REPORT Item Number 5 Item Number
Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Celia Chandler, Director of Human Resources SUBJECT: POSITION CHANGE FOR FY 2018-19 AND 2019-20
GENERAL MANAGER'S RECOMMENDATION Approve an upgrade of the vacant Director of Finance & Administrative Services (Salary Grade EM25) position to Director of Engineering (Salary Grade EM27).
BACKGROUND In January 2018, the Board approved creating a second Assistant General Manager positiong with responsibility for the Operations and Maintenance (O&M) and Engineering
Departments. With two Assistant General Managers in place, one Executive Management Team (EMT) position, Director of Finance and Administrative Services, was held vacant. In anticipation of the retirement of Director of Operations & Maintenance (O&M), Ed
Torres in January 2019, Staff has further evaluated the Orange County Sanitation District’s (Sanitation District) organization and identified opportunities to optimize the current management structure. RELEVANT STANDARDS
• Plan for and execute succession, minimizing vacant position times
PROBLEM
The Director of O&M will retire in January 2019, creating a Director of O&M vacancy that needs to be filled in a timely manner.
PROPOSED SOLUTION Backfill the vacant Director of O&M position by assigning those responsibilities to the Assistant General Manager of O&M and Engineering, Rob Thompson. Reclassify the
vacant Director of Finance and Administrative Services position to Director of
Engineering. Recruit and fill the Director of Engineering position and continue to hold one EMT position (Director of O&M) vacant.
Page 2 of 3
TIMING CONCERNS Staff recommends approval of the position change so that the Director of Engineering
recruitment can begin now to allow time to fully transition job duties and responsibilities
and achieve greater efficiencies. RAMIFICATIONS OF NOT ACTING
The Director of Engineering provides leadership and guidance to staff tasked with
planning and delivering complex engineering projects. Without continuity of leadership, the program could experience costly delays or other problems. PRIOR COMMITTEE/BOARD ACTIONS
January 2018 - Board approved creating a second Assistant General Manager position with responsibility for the Operations and Maintenance (O&M) and Engineering Departments; and appoint one of the existing department heads to assume these additional responsibilities, while maintaining their current responsibilities; and, upon the
retirement of the existing Assistant General Manager (Bob Ghirelli), appoint one of the
existing department heads to that position, overseeing the Finance & Administrative Services and Environmental Services departments. The resulting department head vacancy will remain unfilled.
ADDITIONAL INFORMATION
In January 2018, the Board approved changing the organizational structure to create a new Assistant General Manager position to align the O&M and Engineering Departments and provide for succession management while supporting our focus on resource
recovery, rehabilitation, and operational resiliency. One EMT position (Director of
Finance) was held vacant and the Director of Engineering position was assumed by the new the Assistant General Manager. Staff has further evaluated Sanitation District’s organizational structure, in anticipation of
the retirement of Director of Operations & Maintenance Ed Torres in January 2019; and
identified opportunities to optimize the management structure to realize greater efficiencies. One of the immediate needs is to backfill the Director of O&M position. This need can be
achieved through internal movement. The Assistant General Manager of O&M and
Engineering can assume the role of Director of O&M. The Assistant General Manager would relinquish the role of Director of Engineering. The Sanitation District would recruit for a Director of Engineering rather than Director of O&M.
Since the currently vacant EMT position is Director of Finance and Administrative
Services, which is at a different pay grade than the Director of Engineering, Staff is recommending upgrading the vacancy to authorize and expedite recruitment for the Director of Engineering.
Page 3 of 3
FINANCIAL CONSIDERATIONS The recommended pay grade change represents a potential increased salary cost of
$11,754 per year. The estimated salary savings from holding the Director of O&M position
vacant is $200,000 per year. ATTACHMENT
The following attachment(s) are included in hared copy and may also be viewed on-line at the OCSD
website (www.ocsd.com) with the complete agenda package:
• Abridged Classification and Compensation Plan – Executive Management Group, 7/6/18
Orange County Sanitation District
Classification and Compensation Plan
Rates Effective July 6, 2018
Classification Pay Grade Step 1 Step 2 Step 3 Step 4 Step 5
Director of Engineering EM27 199,817$ 210,035$ 220,776$ 232,067$ 243,935$
Director of Operations and Maintenance EM26 194,943$ 204,912$ 215,392$ 226,407$ 237,985$
Director of Finance and Administrative Services EM25 190,188$ 199,914$ 210,138$ 220,885$ 232,181$
EXECUTIVE MANAGEMENT GROUP
7/6/18
Page 1 of 3
1BSTEERING COMMITTEE Meeting Date
11/28/18
To Bd. of Dir.
11/28/18
0BAGENDA REPORT Item Number 6 Item Number
Orange County Sanitation District
FROM: James D. Herberg, General Manager Originator: Rob Thompson, Assistant General Manager SUBJECT: STRATEGIC PLAN UPDATE
GENERAL MANAGER'S RECOMMENDATION A. Approve the Strategic Plan 2018-2019 Update; and
B. Direct staff to implement the goals and levels of service contained in the Plan.
BACKGROUND In November 2013, the Board of Directors adopted a Five-Year Strategic Plan. Each
year, the Orange County Sanitation District (Sanitation District) reviews and updates the
Strategic Plan to make necessary changes. In April 2017, the Sanitation District retained the firm of BHI Management Consulting to conduct a series of one-on-one confidential interviews with interested Board Members.
In July 2017, the consultant led an employee workshop and in August 2017, took part in
the Executive Management Team’s annual planning meeting to assist in the preparation of the 2017 Strategic Plan Update. The 2017 Strategic Plan Update concluded that the Sanitation District had completed all but one of the Strategic Goals listed in the Five-Year Strategic Plan. The one outstanding Goal is a continuous goal.
During the 2018 Strategic Plan review and update, the Assistant General Managers met
and reviewed the recommendations from the consultant’s 2017 report. The report included information received from the Board of Directors and employee workshop organized into potential Strategic Goals and Initiatives for the Sanitation District. Upon
reviewing the report, the Assistant General Managers developed new initiatives which
align with the Sanitation District’s Strategic Goals. These new Strategic Initiatives were shared with the Departments and presented to the full Executive Management Team at their annual planning meeting in August 2018.
The attached document reflects the Strategic Goals and Initiatives that are being
proposed for the 2018 Strategic Plan Update. The section below includes references to the minor edits that were made to three initiatives since the draft of the Strategic Plan was presented to the Steering Committee last month.
Initiative 1.2: Resource Recovery – Develop Food Waste Receiving Program and
Implement Plan by 2021 and complete construction of the Food Waste Receiving Station by 2022.
Page 2 of 3
Initiative 1.3: Air Emissions Permit Evaluations – Develop an implementation strategy to review the Clean Air Act Title V Permits at both plants by 2022.
Initiative 4.1: Digital Workplace – Complete the next phase of implementing a more
efficient digital workplace by employing a trusted system for maintaining all electronic records created or stored as an official record by 2022. A trusted system will allow us to reduce paper storage space and improve the speed and efficiency of processing documents with faster access based on electronic versions of documents.
RELEVANT STANDARDS
• Strategic Plan
PROBLEM
The Five-Year Strategic Plan followed a five-year development cycle with annual updates and was not in alignment with the Sanitation District’s two-year budgeting process. With
the Sanitation District entering a period of continuous maintenance and technology
improvements, a new Strategic Plan format is more appropriate. PROPOSED SOLUTION
The proposed Strategic Plan includes Strategic Goals that are broad policy statements
with smaller, more achievable supporting initiatives that move toward achieving the strategic goals. The new proposed Strategic Plan and strategic planning process will follow a two-year development cycle to support the two-year budgeting process and allow for the Strategic Plan to be updated and completed in the fall prior to the development of
the two-year budget. TIMING CONCERNS The Strategic Plan is presented for approval in November 2018 to coordinate with the
annual budget update which begins in January 2019. RAMIFICATIONS OF NOT TAKING ACTION There may be a lack of clarity and alignment between the Board and staff regarding the
priorities and goals of the Sanitation District.
PRIOR COMMITTEE/BOARD ACTIONS November 2017 The Board of Directors approved the 2017 Strategic Plan Update. October 2017 A red-lined version of the Strategic Plan Update was received and reviewed by both the Administration and Operations Committees. October 2016 The Board of Directors received and filed the Strategic Plan Update. December 2015 The Board of Directors approved the Strategic Plan Update dated
December 2015 and directed staff to implement the goals and levels of service contained in the Plan.
Page 3 of 3
November 2015 The Steering Committee received a Summary of Strategic Plan Update Workshop. October 2015 The Board of Directors held a Special Meeting - 2015 Strategic Plan
Update Board Workshop.
November 2013 The Board of Directors adopted the 2014-2019 Five-Year Strategic Plan. Sept/Oct. 2013 The Board of Directors held a Special Meeting 2013 Strategic Plan Workshop.
ADDITIONAL INFORMATION N/A
CEQA N/A FINANCIAL CONSIDERATIONS
N/A ATTACHMENT
The following attachment(s) are included in hard copy and may also be viewed on-line at the OCSD website
(www.ocsd.com) with the complete agenda package:
• Strategic Plan 2018-2019 Update
STRATEGICPLAN
2018 - 2019 UPDATE
Orange County Sanitation District
MESSAGE FROM THE GENERAL MANAGER
In November 2013, the Orange County Sanitation District
(Sanitation District) adopted a five-year Strategic Plan that
envisioned an organizational culture that adheres to our core values
and makes efficient and effective use of all available resources. I am
pleased to report that upon completion of the five-year period, the
Strategic Goals we had set out to accomplish were completed.
As a mature utility with more than $10 billion in assets, the Sanitation
District is stepping into a unique period that will bring continuous
maintenance and technology improvements. This new Strategic
Plan includes complex goals and initiatives that will take many years
to accomplish. The new Strategic Plan proposes a rolling two-year
development cycle with biennial updates, instead of annual updates,
to support the two-year budgeting process.
The Strategic initiatives included in this Strategic Plan center
on Environmental Stewardship, Organizational Effectiveness,
Operational Optimization and Sustainability.
We look forward to achieving the goals outlined in this Strategic
Plan through the hard work of our dedicated workforce and the
commitment and support of our Board of Directors and the public
we serve.
Under the direction of the Board of Directors, I am honored to
be leading this effort and I look forward to working together to
accomplish our goals in the years ahead and continuing our
successes.
Respectfully submitted,
James D. Herberg, General Manager
ORGANIZATIONAL EFFECTIVENESS — This goal is part of the Sanitation
District’s commitment to creating a safe and productive workplace with the best
workforce possible by providing opportunities for training and development.
Initiative 2.1: Site Security — Develop and update physical site security design
standards and cyber security controls based on industry guidance and best
practice to ensure security controls are incorporated into future projects.
ENVIRONMENTAL STEWARDSHIP — This goal is part of the Sanitation District’s commitment
to protecting public health and the environment by utilizing practical and innovative means of recycling
wastewater, energy, and solids to recover resources.
Initiative 1.1: Water Supply Reliability — Support the final expansion of the Groundwater
Replenishment System (GWRS) to maximize water recycling by delivering GWRS Final Expansion
projects necessary to separate reclaimable and unreclaimable flows at Plant No. 2 no later than 2023.
Initiative 1.2: Resource Recovery — Develop Food Waste Receiving Program and Implement Plan by
2021 and complete construction of the Food Waste Receiving Station by 2022.
Initiative 1.3: Air Emissions Permit Evaluations — Develop an implementation strategy to review the
Clean Air Act Title V Permits at both plants by 2022.
Strategic
Goal #2
Strategic
Goal #1
OPERATIONAL OPTIMIZATION — This goal is part of the commitment to maintain the
Sanitation District’s assets at the lowest life cycle cost by developing optimum asset maintenance and
replacement strategies.
Initiative 3.1: Asset Management Plan (AMP) — Create an annual AMP that documents the
condition of facilities, plans short-term maintenance activities, and defines major refurbishment/
replacement project scope, schedule, and budget.
Initiative 3.2: Staffing Assessment — Conduct an in-depth and comprehensive technical
assessment of all current asset management strategies consisting of preventative maintenance,
predictive maintenance, managed activities, and Job Plans associated with the maintenance
of electrical, mechanical, and instrumentation assets. This effort will help with optimizing asset
maintenance plans and schedules and will provide a more accurate picture of the staffing resources
necessary to complete required maintenance tasks associated with the Sanitation District’s assets.
SUSTAINABILITY — This initiative aligns with the Sanitation District’s
dedication to continually seek efficiencies to protect public health and the
environment.
Initiative 4.1: Digital Workplace — Complete the next phase of
implementing a more efficient digital workplace by employing a trusted
system for maintaining all electronic records created or stored as an
official record by 2022. A trusted system will allow us to reduce paper
storage space and improve the speed and efficiency of processing
documents with faster access based on electronic versions of documents.
Initiative 4.2: Natural Disaster Resiliency — Develop a plan to assess the
resiliency of the Sanitation District’s Collections System and Treatment
Plants against natural disasters.
Strategic
Goal #4
Strategic Goal #3
STRATEGIC GOALS
OUR MISSION
“To protect public health
and the environment by
providing effective
wastewater collection,
treatment, and
recycling.”
VISIONORANGE COUNTY SANITATION DISTRICT WILL BE A LEADER IN:
Providing reliable, responsive, and affordable
services in line with customer needs and expectations.
Protecting public health and the environment utilizing
all practical and effective means for wastewater, energy,
and solids resource recovery.
Continually seeking efficiencies to ensure that the public’s
money is wisely spent.
Communicating our mission and strategies with those
we serve and all other stakeholders.
Partnering with others to benefit our customers,
this region, and our industry.
Creating the best possible workforce in
terms of safety, productivity, customer
service, and training.
CORE VALUES
Honesty, Trust and Respect
We aspire to the highest degree of integrity, honesty, trust,
and respect in our interaction with each other, our suppliers, our
customers, and our community.
Teamwork and Problem Solving
We strive to reach OCSD goals through cooperative efforts and collaboration
with each other and our constituencies. We work to solve problems in a creative,
cost-effective, and safe manner, and we acknowledge team and individual efforts.
Leadership and Commitment
We lead by example, acknowledging the value of our resources and using them
wisely and safely to achieve our objectives and goals. We are committed to act
in the best interest of our employees, our organization, and our community.
Learning/Teaching - Talents, Skills and Abilities
We continuously develop ourselves, enhancing our talents, skills, and
abilities, knowing that only through personal growth and development
will we continue to progress as an agency and as individuals.
Recognition/Rewards
We seek to recognize, acknowledge, and reward
contributions to OCSD by our many talented employees.
11/2018
1297912.1
555 AN T O N B O U L E V A R D, SU I T E 12 0 0
C O S T A ME S A , CA 9 2 6 26-7 6 70
(714) 558-7000
MEMORANDUM
TO: Hon. Chair and Members of the Orange County Sanitation District Steering
Committee
FROM: Bradley R. Hogin, Esq.
General Counsel
DATE: November 20, 2018
RE: Closed Session Items
The Steering Committee desires to hold a closed session on November 28, 2018 for the
purpose of conferring with its legal counsel regarding anticipated litigation. Existing facts and
circumstances reflect a significant exposure to litigation against the District. The closed session
will be held pursuant to the authority of California Government Code Section 54956.9(d)(2).
The facts and circumstances are as follows: The District received a claim from Richard Spencer,
a former employee. The claim seeks damages for alleged denial of due process.
Respectfully submitted,
By: _________________________
Bradley R. Hogin, General Counsel
ORANGE COUNTY SANITATION DISTRICT
COMMON ACRONYMS
ACWA Association of California
Water Agencies LAFCO Local Agency Formation
Commission RWQCB Regional Water Quality
Control Board
APWA American Public Works
Association LOS Level Of Service SARFPA Santa Ana River Flood
Protection Agency
AQMD Air Quality Management
District MGD Million Gallons Per Day SARI Santa Ana River
Interceptor
ASCE American Society of Civil Engineers MOU Memorandum of Understanding SARWQCB Santa Ana Regional Water Quality Control Board
BOD Biochemical Oxygen Demand NACWA National Association of Clean Water Agencies SAWPA Santa Ana Watershed Project Authority
CARB California Air Resources
Board NEPA National Environmental
Policy Act SCADA Supervisory Control And
Data Acquisition
CASA California Association of Sanitation Agencies NGOs Non-Governmental Organizations SCAP
Southern California
Alliance of Publicly Owned
Treatment Works
CCTV Closed Circuit Television NPDES National Pollutant Discharge
Elimination System SCAQMD South Coast Air Quality
Management District
CEQA California Environmental
Quality Act NWRI National Water Research
Institute SOCWA South Orange County
Wastewater Authority
CIP Capital Improvement
Program O & M Operations & Maintenance SRF Clean Water State
Revolving Fund
CRWQCB California Regional Water
Quality Control Board OCCOG Orange County Council of
Governments SSMP Sewer System
Management Plan
CWA Clean Water Act OCHCA Orange County Health Care Agency SSO Sanitary Sewer Overflow
CWEA California Water Environment
Association OCSD Orange County Sanitation
District SWRCB State Water Resources
Control Board
EIR Environmental Impact Report OCWD Orange County Water District TDS Total Dissolved Solids
EMT Executive Management Team OOBS Ocean Outfall Booster Station TMDL Total Maximum Daily Load
EPA US Environmental Protection
Agency OSHA Occupational Safety and
Health Administration TSS Total Suspended Solids
FOG Fats, Oils, and Grease PCSA
Professional
Consultant/Construction Services Agreement WDR Waste Discharge
Requirements
gpd gallons per day PDSA Professional Design Services
Agreement WEF Water Environment
Federation
GWRS Groundwater Replenishment
System POTW Publicly Owned Treatment
Works WERF Water Environment &
Reuse Foundation
ICS Incident Command System ppm parts per million WIFIA Water Infrastructure
Finance and Innovation Act
IERP Integrated Emergency
Response Plan PSA Professional Services
Agreement WIIN
Water Infrastructure
Improvements for the
Nation Act
JPA Joint Powers Authority RFP Request For Proposal WRDA Water Resources
Development Act
ORANGE COUNTY SANITATION DISTRICT
GLOSSARY OF TERMS
ACTIVATED SLUDGE PROCESS – A secondary biological wastewater treatment process where bacteria reproduce at a high rate with the introduction of excess air or oxygen and consume dissolved nutrients in the wastewater.
BENTHOS – The community of organisms, such as sea stars, worms, and shrimp, which live on, in, or near the seabed, also known as the benthic zone.
BIOCHEMICAL OXYGEN DEMAND (BOD) – The amount of oxygen used when organic matter undergoes decomposition by microorganisms. Testing for BOD is done to assess the amount of organic matter in water.
BIOGAS – A gas that is produced by the action of anaerobic bacteria on organic waste matter in a digester tank that can be used
as a fuel.
BIOSOLIDS – Biosolids are nutrient rich organic and highly treated solid materials produced by the wastewater treatment process. This high-quality product can be recycled as a soil amendment on farmland or further processed as an earth-like product for
commercial and home gardens to improve and maintain fertile soil and stimulate plant growth.
CAPITAL IMPROVEMENT PROGRAM (CIP) – Projects for repair, rehabilitation, and replacement of assets. Also includes treatment improvements, additional capacity, and projects for the support facilities.
COLIFORM BACTERIA – A group of bacteria found in the intestines of humans and other animals, but also occasionally found elsewhere, used as indicators of sewage pollution. E. coli are the most common bacteria in wastewater.
COLLECTIONS SYSTEM – In wastewater, it is the system of typically underground pipes that receive and convey sanitary wastewater or storm water.
CERTIFICATE OF PARTICIPATION (COP) – A type of financing where an investor purchases a share of the lease revenues of a program rather than the bond being secured by those revenues.
CONTAMINANTS OF POTENTIAL CONCERN (CPC) – Pharmaceuticals, hormones, and other organic wastewater contaminants.
DILUTION TO THRESHOLD (D/T) – The dilution at which the majority of people detect the odor becomes the D/T for that air sample.
GREENHOUSE GASES (GHG) – In the order of relative abundance water vapor, carbon dioxide, methane, nitrous oxide, and ozone gases that are considered the cause of global warming (“greenhouse effect”).
GROUNDWATER REPLENISHMENT SYSTEM (GWRS) – A joint water reclamation project that proactively responds to Southern California’s current and future water needs. This joint project between the Orange County Water District and the Orange County
Sanitation District provides 70 million gallons per day of drinking quality water to replenish the local groundwater supply.
LEVEL OF SERVICE (LOS) – Goals to support environmental and public expectations for performance.
N-NITROSODIMETHYLAMINE (NDMA) – A N-nitrosamine suspected cancer-causing agent. It has been found in the
Groundwater Replenishment System process and is eliminated using hydrogen peroxide with extra ultra-violet treatment.
NATIONAL BIOSOLIDS PARTNERSHIP (NBP) – An alliance of the National Association of Clean Water Agencies and Water Environment Federation, with advisory support from the US Environmental Protection Agency. NBP is committed to developing and advancing environmentally sound and sustainable biosolids management practices that go beyond regulatory compliance and promote public participation to enhance the credibility of local agency biosolids programs and improved communications that lead to public acceptance.
PLUME – A visible or measurable concentration of discharge from a stationary source or fixed facility.
PUBLICLY OWNED TREATMENT WORKS (POTW) – A municipal wastewater treatment plant.
SANTA ANA RIVER INTERCEPTOR (SARI) LINE – A regional brine line designed to convey 30 million gallons per day of non-reclaimable wastewater from the upper Santa Ana River basin to the ocean for disposal, after treatment.
SANITARY SEWER – Separate sewer systems specifically for the carrying of domestic and industrial wastewater. Combined sewers carry both wastewater and urban runoff.
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (SCAQMD) – Regional regulatory agency that develops plans and regulations designed to achieve public health standards by reducing emissions from business and industry.
SECONDARY TREATMENT – Biological wastewater treatment, particularly the activated sludge process, where bacteria and other microorganisms consume dissolved nutrients in wastewater.
SLUDGE – Untreated solid material created by the treatment of wastewater.
TOTAL SUSPENDED SOLIDS (TSS) – The amount of solids floating and in suspension in wastewater.
TRICKLING FILTER – A biological secondary treatment process in which bacteria and other microorganisms, growing as slime on the surface of rocks or plastic media, consume nutrients in wastewater as it trickles over them.
URBAN RUNOFF – Water from city streets and domestic properties that carry pollutants into the storm drains, rivers, lakes, and oceans.
WASTEWATER – Any water that enters the sanitary sewer.
WATERSHED – A land area from which water drains to a particular water body. The Orange County Sanitation District’s service area is in the Santa Ana River Watershed.