BOARD MEETING DATE: August 6, 2004
AGENDA NO. 5
(Continued from the July 9, 2004 Board Meeting)

Adopt Resolution Amending Hearing Board Compensation

SYNOPSIS:

Hearing Board members have not had a cost-of-living pay adjustment since 1992. To retain and attract qualified members, the Personnel Committee recommends that, effective July 1, 2004, Hearing Board members and their alternates receive a seven-percent pay adjustment. This adjustment is intended to recognize cost-of-living increases since 1992, doing so within current budgetary constraints. The cost of these adjustments for FY 2004-05 is approximately $18,815.

COMMITTEE:

Personnel, June 1, 2004, Recommended for Approval; Administrative, June 18, 2004, Recommended for Approval

RECOMMENDED ACTION:

Adopt the attached Resolution amending annual compensation for Hearing Board members and their alternates, effective July 1, 2004, to provide a seven percent pay adjustment.

Jane W. Carney
Chair, Personnel Committee

Background

On October 13, 1992, the Board, based on consultant recommendations, streamlined hearing procedures and adjusted pay for Hearing Board members from $250 per day, to a flat $5,000 per month. The pay for alternate members was set at $325 per day, with this amount being subtracted from the absent regular member’s pay. The adjustment was intended to permit AQMD to attract and retain highly skilled Hearing Board members with unique qualifications.

On June 9, 1995, as a part of cost-reduction efforts taken by the agency, annual pay for regular members of the Hearing Board was decreased from $60,000 to $50,000—with pay for the member-elected chair, who has significant administrative duties, set at $65,004. Since 1995, these members have received no cost-of-living adjustments.

Proposal

The Hearing Board caseload remains high and complexity of cases has increased since the last pay increase in 1992. To ensure the compensation package offered to the Hearing Board remains sufficient to attract and retain highly qualified members with unique skills, the Personnel Committee recommends Hearing Board members and their alternates receive a seven-percent pay adjustment effective July 1, 2004.

Fiscal Impact

The cost of this proposal for FY 2004-05 is approximately $18,815.

Attachment

Resolution

ATTACHMENT

RESOLUTION NO. 04-

                    A Resolution of the South Coast Air Quality Management District (AQMD) Governing Board modifying the compensation for members and alternate members of the AQMD Hearing Board.

                    WHEREAS the AQMD Governing Board finds it appropriate to modify the compensation of the members and alternate members of the AQMD Hearing Board to ensure the ability to attract and retain qualified members.

                    THEREFORE, BE IT RESOLVED by the AQMD Governing Board, State of California, in regular session assembled on August 6, 2004, that, effective July 1, 2004, members of the AQMD Hearing Board shall be compensated at a rate of $4,458.33 per month and the member-elected Chair of the Hearing Board shall be compensated at the rate of $5,796.19 per month for (i) attending and preparing for meetings of the AQMD Hearing Board, as approved by the Chair of the AQMD Hearing Board, and (ii) participating in conferences on behalf of the AQMD Hearing Board, as approved by the Chair of the AQMD Hearing Board.

                    BE IT FURTHER RESOLVED that alternate members of the AQMD Hearing Board shall be compensated at a rate of $347.75 per day for days spent doing the work of a regular member of the AQMD Hearing Board, as approved by the Chair of the AQMD Hearing Board, and for participating in conferences on behalf of the AQMD Hearing Board, as approved by the Chair of the AQMD Hearing Board.

                    BE IT FURTHER RESOLVED that, for each daily absence, as recorded by the Clerk of the Boards, of a member of the AQMD Hearing Board, that the member’s monthly compensation shall be reduced by $347.75.

                    BE IT FURTHER RESOLVED that the member-elected Vice Chair of the Hearing Board shall be compensated an additional $100 per day when presiding for the day over the daily calendar in the absence of the Chair, as recorded by the Clerk of the Board, in which case, the absent Chair’s daily pay shall be reduced by $100.

                    BE IT FURTHER RESOLVED that, in addition to such compensation, each member or alternate member shall receive reimbursement for travel, meals, and lodging as prescribed by AQMD’s Administrative Code when performing their official functions or attending approved conferences, in an amount not to exceed $4,000 per year.

                    BE IT FURTHER RESOLVED that any newly appointed regular member or alternate member who has not had prior experience as either a regular or alternate member of the AQMD Hearing Board shall be permitted to serve an orientation period not to exceed 15 days or until the alternate sits in the place of a regular member, whichever occurs first, at a compensation of $150 per day for actual days spent for the purpose of developing familiarity with AQMD Hearing Board methods and procedures.

                    BE IT FURTHER RESOLVED that, unless approved by the Chair of the AQMD Hearing Board, no alternate member may be compensated for attending any meeting that the regular member for whom he or she is an alternate is compensated, except that an alternate may be compensated for attendance at a meeting for such time as the alternate’s participation is required because of (i) the disqualification of the regular member because of the provisions of state law or AQMD’s Conflict of Interest Code or (ii) the regular member is attending a meeting of a committee to which he or she has been appointed by the full Hearing Board.

                    BE IT FURTHER RESOLVED that the members are required to be available Tuesday through Thursday; and the member-elected Chair is required to be available Tuesday through Friday to handle ex parte variances, pre-hearing conferences, and single-member hearings.

                    BE IT FURTHER RESOLVED that, in addition to the requirements set forth in the preceding paragraph; the members, with reasonable notice, shall be available evenings and weekends so that hearings may be scheduled on days and at times that are more convenient for public participation for issues which generate strong community interest.

                    BE IT FURTHER RESOLVED that the Hearing Board is authorized to hold single-member hearings in accordance with the conditions set forth in Health and Safety Code Section 40501.3.

                    BE IT FURTHER RESOLVED that Resolution No. 98-28, adopted October 9, 1998, is hereby repealed.

_____________________________ ____________________________
Date                                                           Clerk of the Board

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