BOARD MEETING DATE: February 3, 2006
AGENDA NO. 19

Adopt Resolution Amending Hearing Board Compensation

SYNPOSIS:

On August 6, 2004, the Board approved a cost-of-living pay adjustment, within existing budgetary constraints, for Hearing Board members, who had not had an increase since 1992. In continuing recognition of the 12 years Hearing Board members went without a cost-of-living increase, and to continue to retain and attract qualified members, the Personnel Committee recommends that, effective January 2, 2006, Hearing Board members and their alternates receive a nine-percent pay adjustment. The annual cost of this adjustment is approximately $25,520, and the cost for the remainder of the fiscal year is approximately $12,760.

COMMITTEE:

Personnel, January 19, 2006, Recommended for Approval

RECOMMENDED ACTIONS:

Adopt the attached Resolution amending compensation for Hearing Board members and their alternates, effective January 2, 2006, to provide a nine-percent pay adjustment and appropriate $12,760 from the Undesignated Fund Balance to the FY 2005-06 Salary and Employee Benefits Major Object.

Jane W. Carney
Chair, Personnel Committee

Background

In August 2004, the Board approved a seven-percent adjustment to Hearing Board pay. As a result of this action, regular members’ monthly pay became $4,458.33, and pay for the member-elected Chair, who has significant administrative duties, was set at $5,796.19. This adjustment, the first increase since 1992, was intended to recognize, within budget constraints, the 12 years the Hearing Board went without a cost-of-living adjustment, and, unlike other smaller air districts, the heavy case load and nearly full-time nature of the job.

Proposal

The Hearing Board provides an important function for AQMD, and the number and complexity of cases remains high. To ensure the compensation package offered remains sufficient to attract and retain highly qualified Hearing Board members with the requisite unique skills and in recognition of the long period during which cost-of-living increases were not given, the Personnel Committee recommends members and their alternates receive a nine-percent pay adjustment effective January 2, 2006.

Fiscal Impact

The cost of this proposal for FY 2005-06 is approximately $12,760; and staff recommends appropriating that amount from the Undesignated Fund Balance to the
FY 2005-06 Salary and Employee Benefits Major Object.
 

Attachment
Resolution

ATTACHMENT

RESOLUTION NO. 06

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 February 3, 2006, that, effective January 2, 2006, members of the AQMD Hearing Board shall be compensated at a rate of $4,859.58 per month and the member-elected Chair of the Hearing Board shall be compensated at the rate of $6,317.85 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 $379.05 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 $379.05.

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 $5,500 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. 04-23, adopted August 6, 2004, is hereby repealed.





______________________                       _________________________________
Date                                                       Clerk of the Board

 

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