BOARD MEETING DATE: September 5, 2008
AGENDA NO. 21
PROPOSAL:
Amend Board Member Assistant and Board Member Consultant Policy
SYNOPSIS:
The Board Chairman brought to the Administrative Committee a suggestion that Board Consultants be paid on a monthly rather than hourly basis. This item revises the Board Member Assistant and Board Member Consultant policy to permit this option and updates the policy to incorporate other Board-approved provisions related to Board Member Assistants and Board Member Consultants.
COMMITTEE:
Administrative, July 18, 2008, Recommended for Approval
RECOMMENDED ACTIONS:
1. Amend Board Member Assistant and Board Member Consultant Policy as set forth in Attachment A
2. Amend Board Consultant/Assistant employment agreement as set forth in
Attachment B
Barry R. Wallerstein, D.Env.
Executive Officer
Background
The Board Chairman recommended to the Administrative Committee that Board Assistants and Board Consultants be paid on a monthly rather than hourly basis. Currently, Board Assistants and Board Consultants are paid on a biweekly basis for hours worked and reimbursed for eligible expenses, as approved by the Board Member served, up to their contract maximum.
Proposal
With this policy amendment, Board Members would have the option of having Consultants paid on a monthly basis. Consultants would submit, for Board Member approval, monthly invoices in the amount of one-twelfth of their annual contract amount, and these monthly payments would account for all hours worked and expense reimbursements. Board Members would sign monthly invoices to indicate their review and approval. Board Members who choose to continue with the present payment system would be allowed to do so.
Board Assistants are subject to federal Fair Labor Standards Act requirements that they be paid on an hourly basis and, as such, would not be eligible for the monthly pay option.
In addition, provisions pertaining to Board Assistants and Board Consultants that were not included earlier, e.g., benefits eligibility, have been incorporated into the policy.
Resource Impacts
This change would have no budgetary impact.
Attachments
- Board Member Assistant/Consultant Policy
- Board Member Assistant/Consultant Employment Agreement
ATTACHMENT A
BOARD MEMBER ASSISTANT AND BOARD MEMBER CONSULTANT POLICY
(Effective October 1, 2008)
1. That an employee classification of Board Member Assistant be established, with the following scope of duties, minimum requirements, and compensation rates:
Scope of Duties: performs for Board Member a variety of tasks ranging from liaison with constituent public entities, other Board Members, the public, and District staff related to clerical functions. Typical functions may include preparing narrative and statistical reports, preparing correspondence, filing and maintaining records, arranging meetings and other group functions; monitoring various programs and projects; responding to inquiries from constituent public entities, District Board Members, the public, and District staff.
Minimum requirements: evidence of the required training and experience shall be demonstrated by coursework in business administration or a related field, and/or sufficient experience performing data analysis and adjunct clerical functions for which familiarity with personal computers is desirable.
Maximum compensation rate: up to $29.4730.44 per hour, and as revised by the Governing Board.
2. That an employee classification of Board Member Consultant be established, with the following scope of duties, minimum requirements, and compensation rates:
Scope of Duties: performs for Board Member a variety of professional-level assignments in the development and formulation of policy, data analysis, reports, plans, assessments, and strategies for District programs; provides advice and recommendations to the Board Member regarding matters subject to the Board Member’s decision-making authority; may provide liaison with the public on behalf of the Board Member. Typical functions may include planning, organizing, and developing a wide variety of programs on the Board Member’s behalf and evaluating the effectiveness of various approaches.
Minimum requirements: evidence of the required training and experience shall be demonstrated by graduation from an accredited college or university preferably with a major in an academic discipline related to the assignment and/or sufficient experience involving technical or analytical work at a professional level which would demonstrate the required knowledge, skills, and abilities related to the assignment.
Maximum compensation rate: up to $53.0554.80 per hour, and as revised by the Governing Board, except for the Board Chair’s Consultant.
3. That class specifications of Board Member Assistant and Board Member Consultant, District employees not eligible for any District benefits unless so specified in individual contracts, be added to the District’s Classification Plan at that maximum compensation rate and with the scope of duties and minimum requirements specified above.
4. That Board Member Consultants may be engaged as either independent contractors or exempt AQMD contract employees and that Board Member Assistants, who are covered by federal labor law, may only be employed as AQMD contract employees.
45. That the Contracts for Board Member Consultants engaged as independent contractors shall specify that they shall not, during the term of their employment, engage in any performance of work that is in direct or indirect conflict with duties and responsibilities for the District, and that their contracts shall contain a provision so stating. Contracts for Board Consultants and Assistants engaged as contract employees shall be subject to Section 40 of the District’s Administrative Code—Code of Ethics, except that they shall adhere to the work rules and performance standards established by the Board Member to whom they report.
56. That a Board Member wishing to engage the services of a person to provide assistance shall submit to the Administrative Committee a Proposal identifying the person and setting forth his ofr her qualifications, scope of duties, and proposed compensation. The proposal shall include a listing of other employment and/or clients sufficient to determine whether the person has existing work that conflicts directly or indirectly with his or her duties and responsibilities for the District. The Administrative Committee shall review the Proposal and determine if the proposed compensation rate is consistent with the required qualifications described above and shall, with advice of District Counsel, make a case-by-case determination of whether a person proposed to provide assistance complies with the conflict-of-interest requirements of this Policy and is a Board Member Assistant or a Board Member Consultant. If the determination is made that the person is a Board Member Consultant, the Administrative Committee also shall determine whether the Board Member consultant be classified as an employee or an independent contractor. All Board Member Assistants shall be contract employees. Board Member Assistants, and Board Member Consultants who are District employees, are exempt from the District’s Salary Resolution, Personnel Rules, and Administrative Code, except as specifically referenced in the said documents, this policy, or in his/her contract with the District.
67. That the position of Board Member Consultant (whether District employee or independent contractor) and Board Member Assistant be noticed for designation in the District’s Conflict of Interest Code listing classifications subject to the Code and the incumbent must disclose economic interests and comply with the Conflict of Interest provisions of the Political Reform Act.
78. That Board Member Assistants orand Board Member Consultants serve at the pleasure of the Board Member to whom support services are provided and pursuant to the provisions of the contract executed between the Board Member Assistant or Board Member Consultant and the District. The Board Member served may determine whether his/her Board Member Consultant is to be paid on an hourly or a monthly basis. Board Member Assistants, who are covered by federal labor law, must be paid on an hourly basis. A Board Member Assistants, or and Board Member Consultants who isare contract AQMD an employees, and who are paid on an hourly basis, shall receive overtime pay at the rate of 1.5 times the hourly rate specified in his or her contract for hours worked in excess of ten per day or forty per week provided the Board Member first approves in advance in writing the working of any overtime by the Board Member Assistant or Board Member Consultant. Board Member Consultants paid on a monthly basis will be paid one-twelfth of their annual contract amount each month, provided the Board Member approves in writing, which will also cover all expense reimbursements authorized under the contract.
89. That the maximum support service-related expenditure the District may make per Board Member (except the Chair and the CARB representative) is $36,5027,707 per fiscal year, and as revised by the Governing Board, including business-related expenses. That the Board’s CARB representative shall have, in addition to the fiscal-year maximum applicable to the Board Members, an equivalent amount for assistance with CARB-related matters. That the Board Chair’s administrative support shall be, at the Chair’s option, either: (1) a regular, non-contract District employee at the Executive Secretary level; or (2) a Board Member Assistant, or Board Member Consultant, or combination, at a total fiscal-year cost, including business-related expenses, at an amount set by the Governing Board.
910. That Board Member Assistants and Board Member Consultants who are contract AQMD employees, and who work on average a minimum of 13 hours per week, may elect from among District-sponsored health, dental, and vision insurance plans available to AQMD employees, District-paid single-party coverage up to the dollar amount of the benefits cap approved by the Board for professional employees. Board Member Consultants who are independent contracts are not eligible for any AQMD benefits.
1011. The total compensation provided under a contract between the Board Member Assistant or Board Member Consultant and the District for any Board Member shall not exceed the amounts specified in paragraph 8 above. At such time as the compensation for services reaches said amounts, the contract for services shall be terminated and the employment relationship between the Board Member Assistant or Board Member Consultant and the District shall be terminated.
1112. That all present and future assistants to a Board Member (whether Board Member Assistant or Board Member Consultant and whether or not an independent contractor) shall be subject to this policy.
ATTACHMENT B
South Coast Air Quality Management District
EMPLOYMENT AGREEMENT
BETWEEN
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
AND
BOARD MEMBER CONSULTANT/ASSISTANT
This AGREEMENT is made by and between the SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT, a governmental agency with the primary purpose to reduce air pollution in Southern California for Los Angeles, San Bernardino, Riverside, and Orange counties, with its principal office at 21865 Copley Drive, Diamond Bar, California 91765-4178, herein referred to as "AQMD" or "Employer," interchangeably, and ***, herein referred to as "Board Member [Consultant/Assistant]."
WHEREAS, the AQMD is a governmental agency organized and formed pursuant to the laws of the State of California; and
WHEREAS, the AQMD desires to secure the services of Board Member [Consultant/Assistant] to serve at the pleasure of the Appointing Authority (AQMD Board Member) for the term of this Agreement; and
WHEREAS, the Appointing Authority is defined as AQMD Board Member (name of Board Member) and is hereinafter referred to as "Appointing Authority Board Member;" and
WHEREAS, this appointment has been reviewed and approved by the AQMD Administrative Committee, which has oversight authority for Board Assistant/Consultant appointments.
WHEREAS, the Board Member [Consultant/Assistant] understands and consents that he/she is serving at the pleasure of the Appointing Authority Board Member of the AQMD and that the sole rights to employment of the Board Member [Consultant/Assistant] exist under this Agreement and resolution adopting this Agreement; and
WHEREAS, the AQMD intends that this Agreement sets forth all obligations, rights, and privileges it may owe to Board Member [Consultant/Assistant] and which Board Member [Consultant/Assistant] may owe to the AQMD as a result of the employment relationship;
NOW, THEREFORE, in consideration of the mutual promises herein contained, AQMD and Board Member [Consultant/Assistant] agree as follows:
I. TERM OF AGREEMENT
A. AQMD employs Board Member [Consultant/Assistant] for the period commencing ***, and terminating ***, or the date on which the Board Member ceases to be a member of the AQMD Governing Board, unless terminated earlier in accordance with the Termination clause herein.
[For Board Member Assistants and Board Member Consultants who are AQMD contract employees and who are paid on an hourly basis]
B. Board Member [Consultant/Assistant] rate of pay shall be *** Dollars ($***) per hour and shall not exceed *** Dollars ($***). Said pay rate shall be less federal and state taxes which are applicable to other employees of the AQMD and shall be payable every two weeks, commencing the first applicable pay period following the commencement of this Agreement, if the Board Member-approved time report is received by Finance by the submittal deadline.
[For Board Member Consultants who are independent contractors and who are paid on an hourly basis]
B. Board Member Consultant rate of pay shall be *** Dollars ($***) per hour and shall not exceed *** Dollars ($***). Said pay rate shall be payable monthly commencing the first applicable pay period following the commencement of this Agreement, if the Board Member-approved time report is received by Finance by the submittal deadline.
[For Board Member Consultants who are AQMD contract employees and who are paid on a monthly basis]
B. Board Member Consultant rate of pay shall be *** Dollars ($***) per month and shall not exceed *** Dollars ($***). Said pay rate shall be less federal and state taxes which are applicable to other AQMD employees and shall be payable monthly, if the Board Member-approved monthly invoice is received by Finance by the submittal deadline.
[For Board Member Consultants who are independent contractors and who are paid on a monthly basis]
B. Board Member Consultant rate of pay shall be *** Dollars ($***) per month and shall not exceed *** Dollars ($***). Said pay rate shall be payable monthly, commencing the first applicable pay period following the commencement of this Agreement, if the Board Member-approved monthly invoice is received by Finance by the submittal deadline.
[For Board Member Assistants and Board Member Consultants who are AQMD contract employees and who work on average a minimum of 13 hours per week]
C. Board Member [Assistant/Consultant] may elect, from among District-sponsored health, dental, and vision insurance plans available to AQMD employees, District-paid single-party coverage up to the dollar amount of the benefits cap approved by the Board for professional employees.
II. PERFORMANCE REQUIREMENTS
A. (See Attachment 1, Statement of Work, and attached Board Member Proposal, approved by the AQMD's Administrative Committee.)
B. Board Member [Consultant/Assistant] shall not, during the term of this Agreement, engage in any performance of work that is in direct or indirect conflict with duties and responsibilities set forth in the Statement of Work - Attachment 1.
III. HOURS OF WORK AND OVERTIME COMPENSATION
A. Hours of Work; Overtime Compensation; Permission to Work Overtime. The Board Member for whom the Board Member [Consultant/Assistant] works will establish the hours to be worked by the Board Member [Consultant/Assistant] and may from time to time change the work schedules and hours of work of such employees. The Board Member may at any time suspend or reduce the services of the Board Member [Consultant/Assistant] and may reduce the amount of funds allocated for the Board Member [Consultant/Assistant] at the Board Member’s sole discretion.
[For Board Member Assistants and Board Member Consultants paid on an Hourly Basis]
Should a Board Member Consultant/Assistant work in excess of ten (10) hours in a work day or forty (40) hours in a work week, he or she shall be paid overtime pay at the rate of 1.5 times the hourly rate specified in his or her agreement. Board Member Consultant/Assistant] must first obtain written permission from the Board Member to work overtime in order to be compensated for overtime. Board Member [Consultants/Assistants] who work overtime without such written permission will not be entitled to overtime pay.
[For Board Member Assistants and Board Member Consultants Who Are Paid on an Hourly Basis]
B. Record of Hours Worked. Each Board Member [Consultant/Assistant] shall record his or her daily and weekly days of work and hours of work on a form furnished for this purpose by the AQMD. Board Member [Consultant/Assistant] shall be responsible each week for accurately completing the form, obtaining the Board Member's signature, and returning in the form to the board-liaison Executive Secretary, who will forward it to AQMD’s payroll department.
[For Board Member Consultants Who Are Paid on a Monthly Basis]
B. Board Member Consultant is responsible for preparing a monthly invoice in the amount of one-twelfth of the annual contract amount on the invoice form furnished for this purpose by AQMD and, after obtaining the Board Member’s signature, turning in the form to the board-liaison Executive Secretary, who will forward it to AQMD’s payroll department.
IV. REQUIREMENT FOR FILING STATEMENT OF ECONOMIC INTERESTS [BOARD MEMBER
CONSULTANTS ONLY]
A. In accordance with the Political Reform Act of 1974 (Government Code Sec. 81000 et seq.) and regulations issued by the Fair Political Practices Commission (FPPC), AQMD has determined that the nature of the work to be performed under this Agreement requires Board Member Consultant/Assistant to submit a Form 700, Statement of Economic Interests for Designated Officials and Employees, for each of its employees assigned to work under this Agreement. These forms may be obtained from the AQMD’S Contract Unit.
B. In addition, the Act requires a contractor to disqualify himself or herself from participating in, making or influencing a decision which would have a foreseeable material effect on his or her financial interests.
V. APPLICABILITY OF PROVISIONS OF THE SALARY RESOLUTION, PERSONNEL RULES, ADMINISTRATIVE CODE AND ADMINISTRATIVE POLICIES AND PROCEDURES
A. Board Member Consultant/Assistant shall be subject to the following provisions only of the AQMD's Administrative Code:
1. Section 40 - Code of Ethics
2. Section 60 - Sexual Harassment
3. Section 110 - Mileage Reimbursement
4. Section 120 - Travel Expenses
and to the following provisions only of the AQMD's Administrative Policies and Procedures:
1. No. 2 - Use of AQMD Vehicles
2. No. 4 - Termination Clearance
3. No. 7 - Travel
4. No. 10 - Use of AQMD Telephone Services
5. No. 14 - Acceptance of Gifts, Gratuities or Entertainment
6. No. 16 - Smoking
7. No. 22 - Sexual Harassment
8. No. 24 - Microcomputer Acquisition and Use
9. No. 25 - Drug-Free Workplace Act Policy
10. No. 29 - Security Measures
11. No. 34 - Workplace Security & Violence Prevention Policy
12. Board Member [Consultant/Assistant] shall not be subject to any other provisions of the AQMD's Salary Resolution, Personnel Rules, Administrative Code, or Administrative Policies and Procedures.
VI. TERMINATION
A. Board Member [Consultant/Assistant] may be terminated from his/her employment with AQMD by the Appointing Authority Board Member upon the happening of any of the following:
1. The death of Board Member [Consultant/Assistant];
2. The inability of Board Member [Consultant/Assistant] for any reason, except as excused by law, to perform his/her duties under this Employment Agreement;
3. The failure of Board Member [Consultant/Assistant] to carry out duties of his/her positions as listed in Section II above;
4. Any act of proven fraud or dishonesty on the part of Board Member [Consultant/Assistant];
5. Violation of Administrative Code Section 40, Code of Ethics, Section 40.1, Solicitation of Gifts;
6. Conviction of a criminal act involving moral turpitude or dishonesty;
7. Use and/or possession of illegal drugs or controlled substances on AQMD property or AQMD time;
8. Being under the influence of alcohol, illegal drugs or controlled substances on AQMD property or AQMD time;
9. The decision of Board Member [Consultant/Assistant] to terminate his/her employment;
10. The decision of the Appointing Authority Board Member, acting on behalf of the AQMD, to terminate Board Member [Consultant/Assistant] for any reason not specifically prohibited by state or federal law other than those reasons set forth in VI.A.1 through 9.
11. The Board Member's allocation of funds for the fiscal year for administrative support being totally depleted.
The above provision does not create a property interest for Board Member [Consultant/Assistant].
VII. ENTERING INTO SUBSEQUENT NEW AGREEMENTS
The decision to enter into any subsequent new agreement shall be left to the sole discretion of the Appointing Authority Board Member. The execution of this Agreement does not create an obligation of the Appointing Authority Board Member to renew it.
VIII. MISCELLANEOUS
A. This Agreement constitutes the sole and entire Agreement between the AQMD and Board Member [Consultant/Assistant] and supersedes all previous representations, understandings, and/or agreements, whether oral or written, between AQMD and Board Member Consultant.
B. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of any such provision, nor prevent such party thereafter from enforcing such provision or any other provisions of this Agreement. The rights granted both parties herein are cumulative and the election of one shall not constitute a waiver of such party's right to assert all other legal remedies available under the circumstances.
C. The provisions of this Agreement are severable, and if any provision of this Agreement shall be held to be invalid or otherwise unenforceable, in whole or in part, the remainder of the provisions, or enforceable parts thereof, shall not be affected thereby.
D. The rights and obligations of AQMD under this Agreement shall be binding upon the successors and assigns of the AQMD.
E. No modification, termination or attempted waiver shall be valid unless in writing and signed by the party against whom such modification, termination or waiver is sought to be enforced.
F. This Agreement shall be interpreted in accordance with and under the laws of the State of California.
By:________________________
By:___________________________
Executive Officer Name:
Date:______________________ Date:_________________________
APPROVED AS TO FORM:
District Counsel
By:___________________________________________