BOARD MEETING DATE: November 13, 1998 AGENDA NO. 25(A)

PROPOSAL:

Adopt Resolution Amending Resolution 98-1 to Clarify Process for Transmitting Advisory Group Recommendations to the Governing Board

SYNOPSIS:

Existing policy provides that Advisory Groups' opinions and recommendations shall be reported to the Group's respective Board Committee. This action is to clarify that the Board Committee, upon concurrence with Advisory Group commentary, will provide the Advisory Group input to the full Board for its consideration. The full Board then can establish the agency's position, either directly or through the Executive Officer.

COMMITTEE:

Administrative, October 23, 1998, Recommended for Approval

RECOMMENDED ACTION:

Adopt resolution amending Resolution 98-1 to clarify that a Board Committee, upon concurrence with an Advisory Group commentary, will provide such commentary to the full Board for its consideration and possible establishment of the agency's position, either directly or through the Executive Officer.

Norma Glover
Administrative Committee Chairman

Background

Existing Board Policy (Resolution 98-1) provides:

• ü that each Advisory Group is assigned to a standing Board Committee [ AQMP - Planning Ethnic Community - Legislative Home Rule - Stationary Source Local Government & Small Business Assistance - Administrative Scientific, Technical & Modeling Peer Review - Planning Technology Advancement - Technology]
• that Advisory Groups shall strive for consensus and shall be non-voting entities, and
• that the full range of opinions and recommendations shall be reported to the respective Board Committee.
  

The policy should be clarified to indicate that the Board Committee, upon concurrence with the Advisory Group commentary, should forward that input to the full Board for its consideration and establishment of the agency's position, either directly or through the Executive Officer.

Proposal
Adopt a resolution amending Resolution 98-1 to clarify the process to be followed to convey Advisory Groups commentary to the Board.

Fiscal Impacts
None.

Attachments
Draft Resolution

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RESOLUTION NO. 98-____

REGARDING ADVISORY COUNCIL AND ADVISORY GROUPS

This Resolution of the South Coast Air Quality Management District Governing Board prescribes the composition, duties, and activities of the Advisory Council of the AQMD Governing Board and the Advisory Groups. This Resolution supersedes all previous AQMD Governing Board Resolutions and letters relative to the Advisory Council and Advisory Groups.

BE IT RESOLVED that the South Coast AQMD Governing Board, in regular session assembled at AQMD Headquarters on November 13, 1998, hereby adopts the following:

ESTABLISHMENT OF ADVISORY GROUPS

1. The Governing Board has heretofore established the following consolidated Advisory Groups as the designated Advisory Groups to supply members to the Advisory Council and assigned each Advisory Group to a standing Governing Board Committee:

MEMBERSHIP OF Advisory Council

2. The Advisory Council generally will have a membership of 19 persons, depending on the number of Advisory Groups (see paragraph 1 above) in existence at a given time.

a.	Each Advisory Group shall select one of its members to be a member of the Advisory Council.
b.	Each Governing Board member shall select one additional person to be a member of the Advisory Council. The selection may be a member of an AQMD Advisory Group, but does not have to be an existing Advisory Group participant.
c.	One Governing Board member, selected by the Chairman, shall serve on the Advisory Council to act as liaison with the Governing Board. This Board member is the 19th and final member of the Advisory Council. The Board member will serve in an ex officio status.

REMOVAL OF ADVISORY GROUP OR ADVISORY COUNCIL MEMBER

3. The Chairman of the Board may remove an Advisory Council or Advisory Group member at any time for any reason including but not limited to lack of participation (failure to attend three consecutive meetings or at least fifty percent of the meetings occurring in a calendar year of the Group or Council on which the member serves). Members of the Advisory Council may be removed by the appointing Advisory Group or Board member.

ADVISORY GROUP OR ADVISORY COUNCIL ALTERNATE MEMBERS;
SMALL BUSINESS REPRESENTATION

4. Persons representing specific organizations may designate one identified alternate to attend meetings and participate in the Advisory Council, or the Advisory Group with concurrence by the Board Committee to which the Advisory Group reports.

a.	Attendance of the alternate at a regularly scheduled meeting in lieu of the primary representative from the organization shall not be recorded as an absence of the primary representative.
b	It shall be incumbent on the primary representative to keep the alternate informed and up to date.

5. Small business representation shall be open to all individuals who are qualified to represent such business owners.

ADVISORY GROUP OR ADVISORY COUNCIL VACANCIES

6. Advisory Group vacancies occurring before the end of a term shall be filled by the Board Committee to which the Advisory Group reports. Advisory Council vacancies shall be filled in accordance with the appointment procedure specified in paragraph 2 above. Authority is delegated to the Board Chair, or in the Chair's absence, the Vice Chair, to make interim appointments from time to time and report those appointments to the Board at the next Board meeting following the appointment.

TERM OF MEMBERSHIP

7. The term of Advisory Council and Advisory Group membership shall be two years. A
   person may serve consecutive terms as an Advisory Group or Advisory Council member, at the discretion of the Governing Board.

COMPENSATION

8. Advisory Council members appointed pursuant to this policy shall be eligible to claim per diem of $100 and reimbursement of mileage and parking expenses, in accordance with District policy, associated with attendance at Advisory Council meetings if not otherwise covered by another organization.

9. Members may serve without compensation.

10. Each Advisory Group shall be given an annual budget by the Finance Committee.

ADVISORY COUNCIL RESPONSIBILITIES

11. The primary role of the Advisory Council shall be (1) to resolve, to the degree possible, any conflicting or inconsistent recommendations made by the Advisory Groups, and
    (2) to respond to direct requests from the Governing Board for recommendations on
    major issues.

12. The report of the Advisory Council should be made semi-annually or more frequently as appropriate and discussed with the Governing Board by a non-Board member member of the Advisory Council. In addition, a companion report is also desirable. These discussions should occur as part of the Board Calendar during a regularly scheduled meeting of the Governing Board. The report of the Advisory Council shall be open for public comment.  

13. The Advisory Council shall strive to develop consensus and shall be a non-voting entity. The full range of opinions should be reported to the Board.

14. With the exception of the Advisory Council, all Advisory Groups shall report to the Governing Board through the Board committees. Written reports from the Advisory Groups shall be appended to the minutes of the Board committee to which the Advisory Group is assigned.

ADVISORY GROUP/ADVISORY COUNCIL MEETINGS AND STAFF SUPPORT

15. For 1998, all Advisory Groups shall determine their annual meeting calendars by
    February 15. For subsequent years, annual meeting calendars shall be established by
    November 15 of the previous year. This calendar shall be used to determine attendance records. Staff shall prepare and maintain a master annual calendar showing all Advisory Group and Advisory Council meetings.

16. The Advisory Council shall meet at least quarterly. More frequent meetings may be scheduled at the discretion of the Advisory Council. The Advisory Council shall have senior AQMD staff identified and assigned to it by the Executive Officer. Clerical assistance shall also be provided.  

17. Advisory Groups shall meet monthly or less frequently at the discretion of the Advisory Group. All Advisory Groups shall strive for consensus and shall be non-voting entities. The full range of opinions and recommendations shall be reported to the respective Board committee. The Board committee shall, upon concurrence with the Advisory Group commentary, forward it to the full Board for its consideration and establishment of the agency's position, either directly or through the Executive Officer. The staff shall present to the Board Committee discussions pertinent to those issues that have been reviewed by the respective Advisory Group. One or more members of the respective Advisory Group/council may be present to clarify any information relayed by staff. The Advisory Group representative may also deliver a report of the group's findings but only at the Board Committee Chair's discretion.

18. Administrative procedures such as participation in meetings by non-group members, establishment of technical review committees, minimum number of members necessary to forward recommendations, etc., shall also be established by consensus within the Advisory Group.

19. All Advisory Groups shall have senior AQMD staff identified and assigned to it by the
    Executive Officer. Clerical assistance shall be provided if member volunteers cannot
    be found.

20. Governing Board members of the Board Committee assigned to the Advisory Group may attend and participate in the consensus-building activities of an Advisory Group. Attendance by a Board member of the Board Committee shall not be a criteria for any Advisory Group to conduct its business.

PERFORMANCE AUDIT

21. The Administrative Committee will retain an independent auditing firm to evaluate attendance and performance of the respective Advisory Group/Council every year and a half. Presentation of the independent audit report shall be made to the Governing Board within 60 days of its completion. The independent audit shall, as far as possible, be incorporated into existing independent audits being conducted by the AQMD. Staff shall also prepare annual status reports on the Advisory Groups including the Advisory Council.

BROWN ACT

22. All Advisory Council and Advisory Group meetings are open to the public and are
    subject to the Brown Act.

GENERAL

23. Nothing herein should be construed to limit or constrain the efforts of the various implementation groups/committees which staff may, from time to time, establish to seek participation and consensus in addressing AQMD actions or proposals which may affect the citizens and organizations AQMD serves.

AYES:

NOES:

ABSENT:

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