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HomeMy WebLinkAboutOrd - 405 - Board of Directors Compensation, Benefits, Reimbursement of Expenses, Training RequirementsORDINANCE NO. 405 ORDINANCE OF THE EAST VALLEY WATER DISTRICT, SAN BERNARDINO COUNTY, CALIFORNIA, ESTABLISHING COMPENSATION, BENEFITS, AND AUTHORIZING REIMBURSEMENT OF EXPENSES AND ESTABLISHING TRAINING REQUIREMENTS FOR THE BOARD OF DIRECTORS BE IT ORDAINED by the Board of Directors of the East Valley Water District ("District") as follows: WHEREAS, it is recognized that each member of the Board of Directors expends a considerable amount of time and effort serving on committees and attending meetings including, but not limited to meetings of the Board of Directors; and WHEREAS, the office of Director is a public service position and should not be considered an employment position for the purpose of generating income for the Director. This Ordinance seeks to establish a reasonable and just compensation for the time and effort put forward by Board members; and WHEREAS, in consideration for the expenditure of time and effort, it is appropriate to provide reasonable compensation and to authorize reimbursement of expenses for the Board of Directors, pursuant to Section 30507 of the Water Code; and WHEREAS, California Water Code Section 20202 provides that the Board of Directors may adopt an ordinance authorizing compensation for the Directors for a total of not more than ten (10) days in any calendar month and in an amount in excess of $100 per day, as may be adjusted each year. WHEREAS, it is the intent of the East Valley Water District Board of Directors that any annual compensation increase to the East Valley Water District Board of Directors permitted under State law not exceed the compensation increase awarded to East Valley Water District staff for any given year, as described in East Valley Water District's annual budget; and WHEREAS, in keeping with the Board of Director's desire to not increase Director compensation more than what is increased for staff, the Board of Directors intend to increase Director compensation of East Valley Water District Board of Directors by 5% in fiscal year 2023-24, 5% in fiscal year 2024-25 and 3% in fiscal year 2025-26. NOW, THEREFORE, BE IT ORDAINED by the Board of Directors of the District as follows: East Valley Water District Ordinance No. 405 May 24, 2023 Page 1 of5 Section 1. Compensation. Subject to the limitation of Section 2 of this Ordinance, each member of the Board of Directors shall be compensated for attending: of Directors. (a)Regular, special, emergency, and adjourned meetings of the Board (b)Regular, special, emergency, and adjourned meetings of a committee of the Board of Directors, or a committee to which the Board member has been assigned by the Chairman of the Board of Directors, provided that attendance is as a member or alternate member of that committee. If the Board member has been assigned to an outside committee or board which also pays compensation to its committee or board members, then that compensation shall be accepted by the board member first and, if the compensation paid by the outside committee or board is less than the compensation set forth in this Ordinance, the District shall pay the difference. ( c)A conference related to District business provided that such compensation shall not exceed the duration of the conference plus one day travel time to the conference and one day travel time from the conference. (d)A meeting with the District's General Manager or designee concerning District operations or attendance at the District to perform District business. ( e)City Council meetings, other water agency meetings, and other community meetings where the member is requested to attend by the Board Chairman, General Manager, or Board authorization or is making a presentation on the District's behalf. This prohibition shall not apply to a Director who has held office less than 18 months. (f)Board Chairman authorized meetings with local, state, or federal elected officials or their staff members that are related to District business. (g)Court hearings or other legal proceedings related to District business, including meetings with District counsel. (h)Training sessions mandated by law including, but not limited to, ethics training and harassment training and other relevant training whether provided in person or through webcast. (i)The Board of Directors may retroactively approve payment for attendance at any meeting/event attended by a member of the Board. Board members shall not be compensated for attending social gatherings, picnics, awards banquets, holiday events, retirement dinners, and similar functions unless previously approved by the Board of Directors. Except for Board members with 18 months or less of service on the Board, Board members shall not be compensated for attending meetings of other public agencies unless attendance was approved by the Chairman of the Board of Directors prior to attendance. East Valley Water District Ordinance No. 405 May 24, 2023 Page2of5 Section 2. Compensation Limits. Compensation for attendance at a meeting and/or conference as specified in Section 1, shall not exceed, on a per day basis, that amount of compensation as established by the Board, regardless of the number of meetings and/or conferences that are attended on the same day, provided that the total compensable days in a calendar month shall not exceed ten days. Attendance shall mean that the Director is present during not less than seventy-five percent (75%) of the duration of the meeting or conference presentations. Section 3. Reporting. Board members shall report briefly, orally or in writing, on their respective representative assignment and conference activities. If written, the reports shall be submitted concurrently with the Director's monthly expense reimbursement voucher. Section 4. Directors' Benefits. Members of the Board of Directors are eligible to enroll in District sponsored group insurance plans available to eligible employees for health, dental, vision, and life insurance. The benefits allowed to the members of the Board of Directors shall not be greater than the most generous schedule of benefits being received by any category of District employees. (a)Continuation Benefits. Pursuant to California Government Code Sections 53200-53210, the District may, subject to the terms and conditions as may be established by the Board, contribute to the cost of health and dental insurance coverage to former Board members, and their spouses and dependents, who served in office after January 1 , 1981; were not first elected to a term of office that began on or after January 1, 1995; served not less than twelve (12) years on the Board at the time of termination; and who are otherwise eligible to receive retirement benefits. The amount and duration of benefits described under this Section shall be commensurate with and equal to those benefits provided for in the "Memorandum of Understanding Between The East Valley Water District and The East Valley Water District Employee Partnership as amended from time to time, which benefits are available to District retirees with twenty (10) years or more of service with the District. (b)Subject to the terms and conditions as may be established by the Board of Directors of the District, the District shall make health and welfare benefits available to its former Board members who do not qualify under Section 3(a) of this Ordinance, and to the spouses and dependents of such Board members on a self-pay basis and who otherwise satisfy any and all additional eligibility requirements imposed by CALPERS. The election requirements for the insurance coverage provided herein, and the length of time in which said coverage shall be made available to such participants upon election, shall be the same as set forth in the East Valley Water District Ordinance No. 405 May 24, 2023 Page3of5 continuation of benefits under the "Consolidated Omnibus Budget Reconciliation Act of 1985". Section 5. Training. All members of the Board of Directors and executive staff as designated by the Board shall complete training in the areas of ethics and sexual harassment as required by and in compliance with applicable law. The District shall maintain records indicating the dates that District officials completed said training and the entity that provided the training. The District shall maintain these records for at least five (5)years after District officials receive the training. The records are public record subject to disclosure under the "California Public Records Act". Section 6. Compensation Amount. The rate of compensation for members of the Board of Directors of the District shall be $236.25 for fiscal year 2023-24, $248.06 for fiscal year 2024-25, $255.50 for fiscal year 2025-26 per day's service. Section 7. Reimbursement of Expenses. Each member of the Board of Directors shall be reimbursed for reasonable out-of-pocket expenses incurred by such member in performing services rendered pursuant to Section 1, or in performing services otherwise authorized or ratified by the Board of Directors. Reimbursement for lodging, conferences, and travel expenses shall be in accordance with District Policy 1.1 Board of Director's Expense Reimbursement Policy, as may be amended from time to time. Section 8. Expense Vouchers. The Directors shall be paid based upon a duly executed District approved expense voucher submitted monthly by the Directors. Said vouchers shall be submitted to the District Clerk by noon Tuesday preceding the first regular Board Meeting of the following month. Expense vouchers will be accompanied by the appropriate receipts or affidavit of expense documenting each expense. The Board of Directors shall retain the discretion to reject reimbursement for expenses not supported by receipts, determination shall be made at a regularly scheduled Board meeting. Section 9. Repeal of Prior Ordinances and Resolutions. Ordinance No. 402 is repealed as of the effective date of this Ordinance and this Ordinance shall supersede any and all other prior ordinances or resolutions in conflict with the provisions hereof. Section 10. Effective Date. This Ordinance shall become effective 60 days after adoption. Adopted this 24th day of May 2023. East Valley Water District Ordinance No. 405 May 24, 2023 Page 4 of5 ATTEST: �� Michael Moore,"GeneraiManager/CEO of East Valley Water District and Secretary of the East Valley Water District Board of Directors STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ) )SS ) Board President of the East Valley Water District Board of Directors I, Michael Moore, Secretary of East Valley Water District Board of Directors, DO HEREBY CERTIFY that the forgoing Ordinance being No. 405, was adopted at a regular meeting on May 24, 2023, of said District by the following vote: A YES: Directors: Carrillo, Coats, Goodrich, Morales, Smith NOES: None ABSTAIN: None ABSENT: None Michael Moore Board Secretary East Valley Water District Ordinance No. 405 May 24, 2023 Page 5 of 5 BOARD OF DIRECTORS HANDBOOK Policies & Programs of the Board of Directors Policy Title: Board of Director's Expense Reimbursement Policy Original Approval Date: Revised Date: Policy No: Page 1 of 3 April 8, 2015 May 24, 2023 1.1 1.00 PURPOSE The purpose of this policy is to comply with the provisions of Government Code Sections 53232, 53232.1, 53232.2 and 53232.3, as may be amended from time to time. This policy shall be applied in the implementation of Ordinance No. 405 of the East Valley Water District, as may be amended from time to time. 2.00 PROCEDURE A.Enacted Assembly Bill 1234 provides amendments to the CaliforniaGovernment Code, Section 53232, et seq., which requires the enactment of policies by public agencies relative to director's compensation, andreimbursement of expenses incurred by public officials in performing official duties. B.District Ordinance 405 establishes Director's compensation. C.Penalties for violations of the law are set forth in Government Code Section 53232.4. 2.01 DEFINITIONS A.For purposes of this policy, the following definitions shall apply: 1.District: Shall mean the East Valley Water District. 2.Director: Shall mean an elected or appointed member of the Board ofDirectors of the District or outside Committee Members. 3.Board: Shall mean the Board of Directors of the District. 4.Ordinance No. 405: Shall mean Ordinance No.405 of the District, as maybe amended from time to time. 2.02 COMPENSATION The compensation of the Directors shall be as set forth in Ordinance No. 405. BOARD OF DIRECTORS HANDBOOK Policies & Programs of the Board of Directors Policy Title: Board of Director's Expense Reimbursement Policy Original Approval Date: Revised Date: Policy No: Page 2 of 3 April 8, 2015 May 24, 2023 1.1 2.03 REIMBURSEMENT FOR EXPENSES INCURRED IN PERFORMING OFFICIAL DUTIES A.Reimbursement to Directors for actual and necessary expenses incurred in the performance of authorized duties shall be as set forth in Ordinance No. 405, Section 1. 1 . Registration fees for conferences, seminars, training sessions including training required under Government Code Section 53234 et seq, shall be paid by the District in advance, All such registrations shall be made through the District Clerk. To the extent possible, personal credit cards shall not be used to pay for registration fees. 2.Cost of Accommodations -Reimbursement for the cost of overnight accommodations for a conference, seminar, or meeting shall be limited tothe actual and reasonable cost of adequate accommodations. To the extent possible, lodging should be secured, in advance, through the District Clerk. 3.Transportation -To secure the most economical mode of transportation in keeping with availability, convenience, and propriety of the District. If possible, all travel arrangements shall be made through the District Clerk. When air travel is the most appropriate method of transportation, coach class shall be utilized. A private automobile may be used when necessary, but only when it is the least expensive alternative for travel. Mileage shall not bereimbursed to the extent that the mileage cost exceeds the cost of an available lower cost alternative form of transportation. A rental car may be used when appropriate public transportation is unavailable or more expensive and the cost thereof shall be reimbursed to the Director. Shuttle and metro services should be used when most appropriate in lieu of a taxi or car rental and the actual cost shall be reimbursed to the Director. 4.Expenses - A $200 per diem rate guideline is established for the Directors. The per diem is to be used for meals and other miscellaneous expenses such as parking fees, not including major transportation or registration fees. If the indicated guidelines are exceeded, written justification must be attachedto the travel expense report to be approved by the Board of Directors or approval must be obtained in advance from the Board of Directors for locations where these amounts may not be practical. If a director exceedsthe established per diem rate, the matter will be automatically referred to the Board of Directors for consideration. 5.In compliance with Ordinance No. 405, Section 7, after incurring an authorized expense, the Director shall submit to the District Clerk an Expense BOARD OF DIRECTORS HANDBOOK Policies & Programs of the Board of Directors Policy Title: Board of Director's Expense Reimbursement Policy Original Approval Date: Revised Date: Policy No: Page 3 of 3 April 8, 2015 May 24, 2023 1.1 Report in the form as attached hereto collectively as Exhibit "A". Receipts for claimed expenses shall be submitted as part of the Expense Report. All documents related to reimbursable expenditures, including expense reports and receipts are public records subject to disclosure under the California Public Records Act. Personal information including credit card numbers may be redacted from any documents. 6.The following expenses are not reimbursable: alcoholic beverages, parking or traffic violation fines, entertainment, personal phone calls, auto repairs, personal auto insurance, the personal portion of any trip, including expenses for a spouse or family member, and personal losses incurred while performing District business. 2.04 REPORTING A.Directors shall provide a brief report either written or oral, on meetings attended at the expense of the District. 2.05 POLICY VIOLATIONS A.Violations of the policy shall be as provided in Government Code Section 53232.4. 6.0 EXHIBITS 1 . Ordinance No. 405 2.Expense Report