BOARD MEETING DATE: November 5, 2004
AGENDA NO. 12B

PROPOSAL:

Appoint New District Counsel and Establish Compensation

SYNOPSIS:

District Counsel, Barbara Baird, has requested to return to her former position as Principal Deputy District Counsel. Accordingly, it is necessary to appoint a new District Counsel. The Personnel Committee is recommending the appointment of Kurt R. Wiese, currently Principal Deputy District Counsel. Compensation for this position will remain unchanged.

COMMITTEE:

Personnel, October 22, 2004, Appointment Recommended for Approval

RECOMMENDED ACTION:

Appoint Kurt R. Wiese as District Counsel and establish salary as $138,360 per year.

Jane Carney, Chair
Personnel Committee


Background

Pursuant to Administrative Code section 20.2, the District Governing Board has reserved for itself the authority to appoint a District Counsel. The current District Counsel, Barbara Baird, was appointed in October 2000. She has now requested to return to her former position as Principal Deputy District Counsel. Accordingly, it is necessary to appoint a new District Counsel.

Proposal

The Personnel Committee is recommending the appointment of Kurt R. Wiese, currently Principal Deputy District Counsel, as District Counsel. The Personnel Committee members present were Chairman Burke and Jane Carney; Jan Perry was absent. Mr. Wiese has 15 years of meritorious service at the District, and is well-qualified to hold the position. Mr. Wiese has acted for the District Counsel at four Board meetings. He has actively represented AQMD in major litigation, including the fleet rules and the SIP litigation. He also provides advice to the Board and staff in all areas of the District’s operations, including the Brown Act, conflicts of interest, the State Health & Safety Code, the Clean Air Act, personnel and employment law, and liability matters. Mr. Wiese has successfully served as Principal Deputy District Counsel for two and one-half years, the only other supervisory position in the office, and has demonstrated his readiness to take over as District Counsel.

Prior to joining AQMD, Mr. Wiese served as Counsel in the litigation departments of Pettit & Martin in Los Angeles, and Gordon, Arata & McCollam in New Orleans. He holds a Bachelors Degree in philosophy from Tulane University and a Juris Doctorate with high honors from the University of Arizona College of Law. He has received numerous honors, including Law Review and Order of the Coif. His resume is attached, along with a list of selected projects.

It is also recommended that Mr. Wiese receive Ms. Baird’s current salary of $138,360 per year. This salary is set at slightly higher than the current salary for a Deputy Executive Officer, which is $135,632 per year, in recognition of the greater scope of responsibility exercised by the District Counsel and the fact that the position reports directly to the Governing Board.

Resource Impacts

There will be no resource impacts since Mr. Wiese will simply take over Ms. Baird’s position and current salary, while she will assume his position and salary.

Attachment

Resume
Selected Projects at AQMD
Agreement

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