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PROPOSAL:

Approve Compensation Package for Two Designated Deputies

SYNOPSIS:

The Executive Management Agreements for District Prosecutor Peter C. Mieras and Director of Transportation Programs Catherine L. Wasikowski expire August 18, 1998. The Acting Executive Officer proposes to execute a new contract with these individuals and this action is for the Board to approve the recommended compensation package for each.

COMMITTEE:

None.

RECOMMENDED ACTION:

Approve the compensation packages for Peter C. Mieras and Catherine L. Wasikowski, as set forth below.

Barry R. Wallerstein, D.Env.
Acting Executive Officer

Background

In 1987, the District established an at-will form of employment whereby senior management employees serve at the pleasure of the Executive Officer [ except Executive Officer and General Counsel who serve at the pleasure of the Governing Board pursuant to statute (H&S Sec. 40480(b) and 40483, respectively)] under an Executive Management Agreement. The contracts of two incumbents serving under such Agreements will expire August 18, 1998. The incumbents are: Peter Mieras, District Prosecutor, and Catherine Wasikowski, Director of Transportation Programs. A summary of the accomplishments of each is set forth below.

Peter Mieras

Mr. Mieras has been highly effective in his management of the District Prosecutor's office. He reorganized the functions to create attorney/investigator teams to enhance case development and disposition. Mr. Mieras fulfills an important role in the District's external interactions. He has been an active participant in the AQMD's monthly Town Hall meetings. In addition, he has assumed an active role in CAPCOA [ California Air Pollution Control Officers' Association] to ensure statewide consistency in enforcement practices and organized a statewide enforcement conference last year that was well attended and well received. He has also shown leadership in the implementation of AB 2937 (minor violations) to ensure that the policy of enforcing minor violations through a Notice to Comply is properly interpreted and implemented and addressing enforcement issues raised by various environmental audit privilege legislation.

Mr. Mieras ensures that the Prosecutor's office works closely with internal staff as well. For example, he works with Public Affairs staff to provide compliance assistance to very small sources (e.g., neighborhood restaurants) that have pending enforcement cases as well as to ensure that interested communities receive notice of and are able to participate in Hearing Board cases presenting issues of significant public concern. In addition, he ensures coordination with Stationary Source Compliance staff to ensure consistent application of agency enforcement policies with respect to Hearing Board and civil penalty cases.

Catherine Wasikowski

Ms. Wasikowski's management of the Transportation Programs function has been exemplary and, despite downsizing and redirection of resources, she has effectively managed the workflow. She oversaw the smooth transition to Rule 2202 in response to state legislation (SB 772-Hurtt) that prohibited mandatory trip reduction plans. Ms. Wasikowski also oversees the Rule 2202 Air Quality Investment Fund (AQIP) - the first of its kind in the United States.

Her knowledge and expertise in transportation issues provides a valuable service to other agencies and the community. She participates in the development of SCAG's Regional Transportation Plan, comments on CEQA documents from local jurisdictions, oversees processing of more than 2,000 Rule 2202 submittals annually, and implements AQMD's Employee Commute Reduction Program for District staff. Ms. Wasikowski has and continues to represent AQMD on various committees. Current participation includes REACH (Reduce Emissions and Congestion on Highways), the MSRC Technical Advisory Committee, SCAG's Southern California Rideshare Advisory Board, and the Regional Transportation Agencies' Coalition. She also represented AQMD on a subcommittee of the Clean Air Act Advisory Committee -- the Employee Commute Options (ECO) Flexibilities Work Group. The result of that group's work was an amendment to the Federal Clean Air Act that allows states to use alternative methods that will achieve equivalent emission reductions to replace employer trip reduction programs.

Proposal

The Acting Executive Officer proposes to execute new contracts with each of these individuals for a three-year term. Relative to salary, consideration was given to current job responsibilities and other current AQMD salaries. In each case, the contract is that boilerplate approved by the Board in June 1997 and the proposed Executive Management Agreement is attached. Also attached is the existing contract for each with the updated language indicated by underlining and strikeout.

For Mr. Mieras, the Acting Executive Officer recommends that the Board approve the compensation package, effective, August 1, 1998 for a term ending July 31, 2001, increase salary by 2.5 percent to $104,205 and increase to 75% the employer contribution rate for the Section 457 deferred compensation retirement program.

For Ms. Wasikowski, the Acting Executive Officer recommends that the Board approve the compensation package, effective, August 1, 1998 for a term ending July 31, 2001, increase salary by 5.5 percent to $94,045 and increase to 75% the employer contribution rate for the Section 457 deferred compensation retirement program.

In addition, there are a number of positions in the represented and management ranks, including Designated Deputies, for which a salary and classification review is appropriate. I have directed Joe Contaoi, Director of Administrative & Human Resources, to proceed with such an evaluation. Further, there is a need to evaluate the status of the Pay-for-Performance provision that is contained in all Designated Deputy contracts. I plan to return to the Board in the near future with a recommendation on these issues.

Fiscal Impacts

Sufficient funds for salaries and benefits are allocated in each year's budget.

Attachments

A. Proposed Executive Management Agreement and current Executive Management Agreement for Peter C. Mieras showing proposed changes;

B. Proposed Executive Management Agreement and current Executive Management Agreement for Catherine L. Wasikowski showing proposed changes.

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