BOARD MEETING DATE: October 5, 2007
AGENDA NO. 36

PROPOSAL:

Approve Amendments to Policy for Board Member Assistants and Board Member Consultants

SYNOPSIS:

In February 1995 the Governing Board adopted a policy regarding Board Member Assistants and Board Member Consultants. This action is to revise the policy to make the Board the appointing authority, with either the Board or the Board Member served having authority to terminate an appointment; to adopt conflict-of-interest standards required by Government Code section 1126; to delete a contract provision allowing Board Member Assistants and Board Member Consultants to volunteer their services. Changes in the policy for Board Member Assistants and Board Member Consultants will require corresponding changes to the terms of employment contracts with the District and to the District’s Salary Resolution, Personnel Rules, and Administrative Code.

COMMITTEE:

Not Applicable

RECOMMENDED ACTIONS:

1. Approve the Policy for Board Member Assistants and Board Member Consultants as set forth in Attachment A.
2. Amend the District’s Salary Resolution, Personnel Rules, and Administrative Code as set forth in Attachment B.
3. Approve the contract language set forth in Exhibit C for use in contracts with Board Member Assistant and Board Member Consultants engaged by the District as contract AQMD employees and as set forth in Exhibit D for Board Member Assistants and Board Member Consultants engaged as independent contractors.

Barry R. Wallerstein, D.Env.
Executive Officer

Background

In March 1992 the Board allocated funding to provide administrative support for Governing Board Members. In February 1995 the Board adopted a policy and contract procedures regarding Board Member Assistants and Board Member Consultants. The policy was revised in March 1995. The 1995 policy established an appointment process, the scope of duties, minimum requirements, and compensation rates for Board Member Assistants and Board Member Consultants.

At the September 2007 meeting of the Administrative Committee, it was announced that Chairman Burke had asked Board Member Carney and Board Member Yates to form an ad hoc advisory committee to recommend changes to the policy at the October Board meeting. The ad hoc committee has proposed several changes. The first addresses the procedure for appointing Board Member Assistants and Board Member Consultants. Under the current policy, individual members of the Governing Board are designated as the appointing authority. Board Members must submit their choices for Board Member Assistants and Board Member Consultants to the Administrative Committee for review and approval. The Administrative Committee’s review, however, is limited to confirming that prospective Consultants and Assistants have the necessary work and educational and work background and that they are properly classified as Consultants or Assistants.

Under the revised policy, individual Board Members would continue to submit their choices for Consultants and Assistants to the Administrative Committee. However, the Administrative Committee would have full review authority to recommend candidates to the Governing Board, which would be designated as the appointing authority. In addition, the Board could approve or disapprove candidates without recommendation by the Administrative Committee. Governing Board Members would have the authority to set work hours, and Board Members and the Board would each have the authority to terminate. (Board Members could only terminate Assistants or Consultants reporting to them.)

Another change is to add conflict-of-interest provisions to the policy. Government Code section 1126(c) requires local agencies to adopt rules governing inconsistent, incompatible, or conflicting employment. There is a conflict-of-interest policy for District employees—Administrative Code No. 21—but this policy does not apply to Board Assistants or Consultants. Although the contracts for Board Assistants and Consultants contain conflict-of-interest provisions, in order to comply with state law, those requirements must be in the policy as well.

Finally, the new policy deletes a provision in the old policy allowing Board Assistants and Consultants to work on a volunteer basis once the contract amount has been met. Such a provision is not consistent with wage and hour laws.

Proposal

1. Amend the Board Member Assistant and Board Member Consultant Policy as set forth in Attachment A.
    
2. Amend the District’s Salary Resolution, Personnel Rules, and Administrative Code as set forth in Attachment B.
    
3. Approve the contract language set forth in Exhibit C for use in contracts with Board Assistant and Board Consultants engaged by the District as contract AQMD employees and as set forth in Exhibit D for Board Member Consultants engaged as independent contractors.

Resource Impacts

None

Attachments (EXE 500kb)
A. Board Member Assistant and Board Member Consultant Policy
B. Amendments to Salary Resolution, Personnel Rules and Administrative Code
C. Contract – Board Assistants/Board Consultants (AQMD Employees)
D. Contract – Board Assistants/Board Consultants (Independent Contractors)