BOARD MEETING DATE: September 11, 1998 AGENDA NO. 17

PROPOSAL:

Six-Month Status Report on Implementation of Section 111 of the Administrative Code Regarding Board Member Compensation and Expenses; Amend Section 111 of the Administrative Code to Make Minor Clarifications

SYNOPSIS:

At its February 13, 1998 meeting, the Board modified Section 111 of the Administrative Code to further define "official business" for which compensation of $100 per day may be paid and directed the Acting Executive Officer to report back to the Board after six months of operation of the new provisions. In addition, staff suggests two minor clarifications to Section 111.

COMMITTEE:

Not Applicable

RECOMMENDED ACTION:

1. Receive and file this report.
2. Amend Section 111 of the Administrative Code in accordance with Attachment 1.

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

Background

In February of this year, the Board amended Section 111 of the Administrative Code relating to Board Member compensation and expenses to further define "official business" for which the Board Member is eligible to receive $100 per day compensation and requested
a report on such expenditures at the end of six months.

Proposal

The expenditures of the $100-per-day compensation for the six-month period preceding and following the Board's February action are listed below. The data is from Board Member expense claims. For the expected June or July 1998 claims which have not yet been filed, the average of the preceding 11 months (10 months for Spvr. Silva), rounded to the nearest $100, is used for comparison of the two six-month periods. During the second six-month period, several Board Members on several dates attended hearings in Sacramento and/or met with legislators in support of the Clean Fuels Reauthorization bill, resulting in 21 per diem claims related to AB 2194.

SIX MONTHS ENDING JANUARY 1998

Board Member	Aug 97	Sep 97	Oct 97	Nov 97	Dec 97	Jan 98	Total Per Board Member
Alarc�n	400	1,000	1,000	400	400	300	3,500
Antonovich	200	200	100	200	100	200 1	1,000
Burke	100	100	100	100	100	400	900
Glover	800	700	600	700	500	600	3,900
Lee	500	NCF	500	500	100	400	2,000
Loveridge	400	100	200	200	300	200	1,400
Mikels	800	700	600	600	800	700	4,200
Nastri	600	1,000	1,000	800	1,000	1,000	5,400
Paulitz	700	400	600	600	500	500	3,300
Silva	200	400	400	300	300	400	2,000
Soto	1,000	1,000	1,000	500	900	1,000	5,400
Wilson	200	200	200	400	200	200	1,400
Total per Month	5,900	5,800	6,300	5,400	5,200	5,900

Six-Month Total 34,400

¹ Spvr. Antonovich files one claim per calendar year; 1997 - amount claimed; 1998 - estimated at $200/month.

SIX MONTHS ENDING JULY 1998

Board Member	Feb 98	Mar 98	Apr 98	May 98	Jun 98	Jul 98	Total Per Board Member
Alarc�n	600	300	200	400	200	400	2,100
Antonovich	200	200	200	200	200	200	1,200
Burke	300	500	500	400	500	700	2,900
Glover	1,000	1,000	1,000	900	1,000	NCF - 800*	4,900
Lee	300	300	700	400	600	NCF - 400*	2,300
Loveridge	300	100	400	400	300	400	1,900
Mikels	600	200	600	700	200	700	3,000
Nastri	1,000	1,000	1,000	1,000	800	600	5,400
Paulitz	800	800	900	600	700	600	4,400
Silva	200	400	600	700	NCF - 400*	NCF - 400*	1,900
Soto	1,000	900	1,000	700	1,000	900	5,500
Wilson	300	400	300	200	400	900	2,500
Total per Month	6,600	6,100	7,400	6,600	5,900	5,400
Estimated total using average for missing data					6,300	7,000

Actual total to date pending receipt of missing data (indicated by shading) $38,000
Estimated total using average for missing data $40,000

*NCF = no claim filed; average of preceding 11 months (10 for Spvr. Silva) used as estimate

In addition, staff recommends two minor modifications to Section 111 of the Administrative Code to correct typographical errors as indicated by underline/strikeout in Attachment 1. Paragraph 2.c. should read: "When conducting all other official business of the District not referenced in (a) or (b) above" and paragraph 2.c.(2) should reference "(c)(1) above" rather than "(b)(1) above."

Fiscal Impacts
None

Attachments
Proposed Revised Section 111 of the Administrative Code

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Attachment 1

Section 111 - District Board Members’ Expenses

1. INTRODUCTION. Health & Safety Code Section 40426 provides that: "Each member of the south coast district board shall receive compensation of one hundred dollars ($100) for each day, or portion thereof, but not to exceed one thousand dollars ($1,000) per month, while attending meetings of the south coast district board or any committee thereof or, upon authorization of the south coast district board, while on official business of the south coast district, and the actual and necessary expenses incurred in performing the member’s official duties."

2. COMPENSATION. District Board members shall be compensated as follows:
   a. For each meeting of the District Board or a committee of the Board to which the member is appointed, $100 per day or portion thereof shall be paid. Committee meetings attended in person or via teleconferencing qualify a Board member for the compensation.

   b. While on official business of the South Coast District, $100 per day or portion thereof shall be paid. Official business includes, but is not limited to:

   (1) Scheduled meetings with the Executive Officer, District staff, other Board Members.

   (2) Formally structured, official tours of facilities having permits with the District, or meetings with representatives of such facilities.

   (3) Meetings within the South Coast Air Quality Management District with members of the public or with an air quality-related group which last two hours or more. An air-quality related group is one that has as a primary purpose, participation in dialogue regarding air quality policy.

   (4) Participation in radio, television, newspaper, or other mass media primarily concerning District air quality issues. This participation must require at least one hour of the Board member's time. This one hour can include research and preparation time.

   (5) Presentation of an air-quality related speech to a group of ten or more individuals.

   c. When conducting all other official business of the District not referenced in (a) or (b) above, a Board member must obtain advance approval by the District Board or advance written approval by its Chair in order to qualify for the $100-per-day compensation. In the interests of equity, up to $500 per Board member per fiscal year may be approved by the District Board or by the Chair if, through oversight or in the event of unanticipated travel, a Board member does not obtain advance approval. Such approval by the Chair shall be reported to the next regular meeting of the Governing Board as part of the monthly travel report. Examples of official business for which approval is required include, but are not limited to:

   (1) Meetings taking place outside of the geographical limits of the four counties that make up the District.

   (2) The travel day immediately preceding and immediately following the meetings specified in (c)(1) above.

   d. Total compensation to a single Board member pursuant to subparagraphs 2.a., 2.b., and 2.c. shall not exceed the limits set forth in state law.

3. EXPENSES. Each member of the District Board shall be entitled to the actual and necessary expenses incurred in performing the member's official duties:

   a. The actual cost of transportation when by public carrier.

   b. Mileage at the rates specified in Section 110 of the Administrative Code.

   c. Actual reasonable and necessary cost of meals as evidenced by receipts; without receipts, up to $25.00 per meal.

   d. Actual and necessary expenses associated with trips taken outside of the geographical limits of the four counties which make up the District while on official business of the District, when such trips are requested or approved in advance by action of the District Board or are approved in advance in writing by its Chair. In the interests of equity, expenses, subject to the total dollar limit specified in Section 2.c., may be approved by the District Board or by the Chair if, through oversight or in the event of unanticipated travel, a Board member does not obtain advance approval. Such approval by the Chair shall be reported to the next regular meeting of the Governing Board as part of the monthly travel report.

   e. Rules for Board member expense limits and claims shall follow the procedure described in Section 120 of the Administrative Code, except that meal expenses will be allowed within District boundaries.

   f. Lodging that exceeds the limits described in Section 120 of this Code will only be reimbursed up to the government rate, or if not available, up to the corporate rate, or if neither a government nor corporate rate is available, the actual rate.

   (1) In addition, if only the convention/conference rate for the event the Board member is attending is available at the convention/ conference hotel and such rate is greater than government or corporate rate, the convention/conference rate is reimbursable.

   (2) If a rate greater than that permitted or authorized elsewhere in this Section is the only rate available, or if there are overriding reasons why the mission of the District cannot be accomplished at the rates permitted or authorized elsewhere in this Section, such rate may be approved by the Chair of the Board upon written justification submitted by the requesting Board member in advance of the proposed travel. (The Board Member Travel Request and Report form contains a section for justification and may be used to comply with this requirement.)

   Any upgrades or costs that exceed those allowed by this paragraph are the sole responsibility of the Board member.

4. FILING A CLAIM FOR COMPENSATION AND/OR EXPENSES

   a. Claims for compensation shall specify the applicable subparagraph of Section 2.b.

   b. Claims for expenses shall include full justification for expenses incurred, including receipts, when required.

   c. Claims shall be made on District expense claim form and submitted to the District Executive Office staff who will process for payment expeditiously.

   d. Claims for compensation and/or expenses incurred in connection with travel outside the geographical boundaries of the District shall include a copy of the approved Board Member Travel Request and Report form and the Travel Report that includes:

   (1) an assessment of the benefit to the District derived from the trip,

   (2) individuals contacted, affiliations, addresses/phones,

   (3) key information learned/points of interest/issues,

   (4) items for staff follow-up, and

   (5) description of materials (if any) received and a copy thereof, if feasible.

   e. All air travel, lodging, and car rental expense should be made through the travel agency specified by the Executive Officer unless the Board member can obtain an equal or lower rate through a different agency. In the latter case, a statement of the Board member that the rate obtained was equal to or lower than that available through the District-designated travel agency must be included on the Board Member Travel Request and Report form or the Expense Claim form. Any upgrades or costs that exceed those allowed by this paragraph are the sole responsibility of the Board member.

   f. This policy is revised September 11, 1998 and is effective for events occurring within or after Fiscal Year 1998-99.

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