BOARD MEETING DATE: October 9, 1998 AGENDA NO. 4
PROPOSAL:
Adopt Resolution Amending Compensation for AQMD's Hearing Board Vice Chairman; and Reinstating Hearing Board’s Authority to Hold Single-Member Hearings
SYNOPSIS:
In 1995 when the salary of the member elected by fellow Board members to act as Chair was increased to reflect additional responsibilities and duties of the office over and above other Hearing Board members, a compensation differential for the Hearing Board Vice Chair was not addressed. This action is to address that issue by increasing the compensation for the Hearing Board Vice Chair by $100/day when presiding over the daily calendar during the absence of the Chair; and to reinstate the Hearing Board’s authority to hold single-member hearings pursuant to Health and Safety Code Section 40501.3.
COMMITTEE:
Administrative, September 18, 1998, Recommended for Approval
RECOMMENDED ACTION:
Adopt the attached resolution increasing the compensation for the AQMD's Hearing Board Vice Chair by $100/day when presiding over the daily calendar during the absence of the Chair; and reinstating the authority (Health and Safety Code Section 40501.3) for the Hearing Board to hold single-member hearings.
Barry R. Wallerstein, D.Env.
Acting Executive Officer
Background
In 1995 the salaries of the Hearing Board members were reduced from $60,000 annually to $50,000 for each member; and the salary for the member elected by fellow Board members to act as Chair was increased to $65,000. Responsibilities were adjusted so that Hearing Board members, previously required to be available four days a week, were only required to be available three days a week. The member elected Chair was required to be available four days a week to handle ex parte variances, pre-hearing conferences, and single-member hearings so that there would be no reduction in the public’s access to the Hearing Board process. A compensation differential for the Hearing Board Vice Chair was not addressed at that time.
An adjustment in the compensation for the Hearing Board member elected to serve as the Vice Chair is requested to reflect the responsibilities and duties of the office over and above other Hearing Board members. In the absence of the Hearing Board Chair, the Vice Chair conducts hearings and pre-hearing conferences, hears ex parte variance petitions, manages the calendar, and serves on-call duty Tuesday through Friday as needed. In addition, the Vice Chair carries out special projects assigned by the Chair such as acting as liaison with AQMD’s Information Management Division on development of an automated variance tracking system; coordinating a Hearing Board workshop for Title V facilities on Rule 518.2 – Federal Alternative Operating Conditions (AOC); and working with the District Prosecutor’s Office on the development of a Rule 518.2 AOC petition form and emission banking procedures.
The Hearing Board Chair recommends that the Vice Chair be paid $100/day when presiding over the daily calendar in the absence of the Chair. The Chair’s daily salary will be reduced by the same amount; therefore, there will be no additional cost to the District. In addition the resolution has been modified to clarify that with the exception of specific criteria, no alternate may be compensated for attendance at a meeting that the regular Member for whom he or she is an alternate is compensated.
Occasionally the Hearing Board gets involved with a public nuisance issue which generates strong community interest. On those occasions, the Hearing Board may set hearing dates and times that are more convenient for public participation, such as during evening hours and on the weekends in the affected communities. The resolution has been amended to reflect that such hearings will be considered as part of the Board’s normal schedule to ensure there is no double payment of alternates and regular members when a regular member cannot be available to meet on a weekend or during the evening hours.
In 1983 the Board adopted Resolution No. 83-27 modifying the compensation of the Hearing Board members and encouraging the use of single-member hearings, pursuant to Health and Safety Code Section 40501.3. Over the years, as the compensation of the Hearing Board was amended by resolutions of the Governing Board, the provision for single-member hearings was inadvertently deleted. This action would reinstate that authority.
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