BOARD MEETING DATE: November 2, 2007
AGENDA NO. 12
PROPOSAL:
Adopt Resolution Amending Hearing Board Compensation
SYNOPSIS:
On February 3, 2006, the Board approved a cost-of-living pay adjustment for Hearing Board members. To continue to retain and attract qualified members, the Personnel Committee recommends that, effective November 1, 2007, Hearing Board members and their alternates receive a 7.8% pay adjustment and that, beginning with FY 2008-09, they receive the same percentage pay adjustments approved in annual budgets for Board assistants. An appropriation in the amount of $17,000 is requested for this fiscal year.
COMMITTEE:
Personnel, October 5, 2007, Recommended for Approval
RECOMMENDED ACTIONS:
- Adopt the attached Resolution amending compensation for Hearing Board members and their alternates to provide a 7.8% pay adjustment effective November 1, 2007, and authorizing future cost-of-living adjustments as approved by the Board in annual budgets for Board assistants.
- Appropriate $17,000 from the Undesignated Fund Balance to Clerk of the Boards, Services and Supplies Major Object, Other Expense, for the FY 2007-08 cost of this action.
Jane W. Carney
Chair, Personnel Committee
Background
In October 1992, based on consultant recommendations, the Board set the monthly per diem compensation for Hearing Board members at $5,000 per month ($60,000 per annum). These amounts were intended to permit the District to attract and retain highly qualified candidates with appropriate experience and expertise for the five Hearing Board positions.
In June 1995, as part of cost-reduction efforts taken by the District, annual compensation for regular members of the Hearing Board was reduced from $60,000 to $50,000, with compensation for the member-elected chair set at $65,000 in recognition of the significant additional administrative duties required of this position.
In August 2004, the Board adjusted the compensation for regular Hearing Board members upward by 7% to $4,458.33 per month, with the compensation for the chair adjusted to $5,796.19. Such action was intended to recognize, within the District’s existing budgetary constraints, the 12 years during which the Hearing Board did not receive any compensation adjustments, including cost-of-living adjustments, although the Hearing Board continued to manage a heavy case load requiring that its members devote hours nearing full-time status.
In February 2006, the Board approved a 9% adjustment to Hearing Board pay. As a result of this action, regular members’ monthly pay became $4859.58, and monthly pay for the member-elected chair was set at $6,317.85. The Hearing Board’s workload has continued to increase in technical, legal, and socio-economic complexity as, in addition to cases involving variances and orders for abatement, it hears an increasing number of high-profile ERC and RTC appeals cases.
Recently, the Board’s Administrative Committee reviewed the process by which Hearing Board members are recruited and evaluated for selection, whereupon the Committee considered whether the compensation to the medical and medical alternate members was sufficient for recruitment of an adequate pool. Subsequently, the Hearing Board chair requested the matter be considered by the Personnel Committee, which consideration occurred on October 5, 2007.
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 cost-of-living increases approved for agency employees since the last Hearing Board pay adjustment in February 2006, the Personnel Committee recommends members and their alternates receive a 7.8% pay adjustment effective November 1, 2007, and that, beginning with the FY 2008-09 Budget, they receive the same cost-of-living adjustments approved for Board assistants.
Fiscal Impact
This action requires an appropriation from the Undesignated Fund Balance in the amount of $17,000 for FY 2007-08.
Attachment
Resolution
ATTACHMENT
RESOLUTION NO. 07-
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 November 2, 2007, that, effective November 1, 2007, members of the AQMD Hearing Board shall be compensated at a rate of $5,238.63 per month and the member-elected Chair of the Hearing Board shall be compensated at the rate of $6,810.64 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, effective November 1, 2007, be compensated at a rate of $408.62 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, effective November 1, 2007, be reduced by $408.62.
BE IT FURTHER RESOLVED that, effective Fiscal Year 2008-09, compensation for Hearing Board Member, Hearing Board Chair, and Hearing Board alternate shall be adjusted at the rate and on the effective date approved by the Board for Board assistants.
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 February 3, 2006, is hereby repealed.
______________________ _________________________________
Date Clerk of the Board