BOARD MEETING DATE: July 11, 2008
AGENDA NO. 4

RECOMMENDED ACTIONS:

1. Revise the contract with Kurt Wiese to change his position title and duties from District Counsel to General Counsel and approve an annual salary of $192,880, effective July 14, 2008.
2. Adopt the attached resolution amending the Salary Resolution to establish annual salaries for both District Prosecutor and District Counsel of $154,950, effective July 14, 2008.
3. Add a second Principal Deputy District Counsel in both District Counsel and District Prosecutor and delete a Senior Deputy District Counsel position in each unit.
    

Barry R. Wallerstein, D.Env.
Executive Officer

Background

The Personnel Committee, at its June 6, 2008, meeting, recommended reorganization of AQMD’s legal offices to return to a General Counsel Office responsible for both District Counsel and District Prosecutor functions, which are currently independent legal units. In response to that recommendation, the Board-approved FY 2008-09 Budget included addition of a General Counsel position.

The Prosecutor’s Office was created as an independent legal office in 1988. With the resignation of the Chief Prosecutor in 1995, the legal offices were merged under the oversight of a newly created General Counsel position. With the resignation of the General Counsel in 2000, the offices were again split, and the General Counsel position was eliminated. The proposed reorganization of the legal offices would again merge the two offices by revising the current District Counsel title to General Counsel and assigning the position responsibility for oversight of both District Counsel and Chief Prosecutor units. Recommended salaries for the latter two positions have been adjusted to reflect the fact that these positions would now report to the General Counsel. A recruitment would be conducted to fill the vacant District Prosecutor and District Counsel positions.

The upgrade of a Senior Deputy District Counsel position in each of the two units to Principal Deputy District Counsel will allow these positions to assume more complex and demanding duties and to take greater responsibility for mentoring staff.
 

Proposal

This item is to approve revisions to the contract with Kurt Wiese to change his job title from District Counsel to General Counsel and to revise his salary from $175,346 to $192,880. In addition, it is recommended the Board approve annual salaries of $154,950 for both District Counsel and District Prosecutor. And, finally, this action would include deleting one Sr. Deputy District Counsel each from District Prosecutor and District Counsel and adding a second Principal Deputy District Counsel to each unit.
 

Resource Impacts

Since the approved FY 2008-09 Budget included addition of the General Counsel position and sufficient funding for an annual salary of $192,880, effective July 14, 2008, as well as sufficient funding for both District Counsel and District Prosecutor annual salaries of $154,950, the only budgetary impact of these actions is the addition of two Principal Deputy District Counsels and deletion of two Sr. Deputy District Counsel. The net annual top-step salary and benefits cost of this change is approximately $18,690, and sufficient funds are available in the FY 2008-09 Budget to cover this cost.
 

ATTACHMENT A
RESOLUTION NO. 08-___

A Resolution of the South Coast Air Quality Management District Board amending AQMD’s Salary Resolution to establish an annual salary of $154,950, effective July 14, 2008, for District Counsel and District Prosecutor.

WHEREAS, the Governing Board of the South Coast Air Quality Management District exercises its duty to review and determine appropriate wages, hours, and other terms and conditions of employment provided to employees.

THEREFORE, BE IT RESOLVED that the Board of the South Coast Air Quality Management District, State of California, in regular session assembled on July 11, 2008, does hereby amend AQMD’s Salary Resolution to establish an annual salary of $154,950, effective July 14, 2008, for District Counsel and District Prosecutor.

______________________     __________________________

                    Date                               Clerk of the Board

SALARY RESOLUTION
Article 7

Designated Deputy Annual Salaries
Effective July 14, 2008
 

Assistant Deputy Executive Officer                                      $152,617
Deputy Executive Officer, including Chief Financial Officer  $163,348
Director of Strategic Initiatives                                           $145,807
District Counsel                                                                  $154,950
District Prosecutor                                                              $164,392 154,950
Health Effects Officer                                                          $145,807
Intergovernmental Affairs Officer                                         Vacant
Senior Policy Advisor                                                           $148,641