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HomeMy WebLinkAbout2010-05-26 - Executive-Administrative-Organizational Committee Meeting Agenda Packet Yorba Linda Water District AGENDA YORBA LINDA WATER DISTRICT EXEC-ADMIN-ORGANIZATIONAL COMMITTEE MEETING Wednesday, May 26,2010,4:00 PM 1717 E Miraloma Ave, Placentia CA 92870 COMMITTEE STAFF Director William R. Mills, Chair Ken Vecchiarelli, General Manager Director Michael J. Beverage Pat Grady, Assistant General Manager 1. PUBLIC COMMENTS Any individual wishing to address the committee is requested to identify themselves and state the matter on which they wish to comment. If the matter is on this agenda, the committee Chair will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on this agenda. Comments are limited to matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to five minutes. 2. ACTION CALENDAR This portion of the agenda is for items where staff presentations and committee discussions are needed prior to formal committee action. 2.1. Amendments to the Conflict of Interest Codes for the District and the Public Financing Corporation Recommendation: That the Committee recommend the Board of Directors approve Resolution Nos. 10-XX and PFC-IO-XX adopting a Conflict of Interest Code for the District and the Public Financing Corporation. 2.2. District Media Policy Recommendation: That the Committee recommend the Board of Directors approve the media policy. 3. DISCUSSION ITEMS This portion of the agenda is for matters such as technical presentations, drafts of proposed policies, or similar items for which staff is seeking the advice and counsel of the Committee members. This portion of the agenda may also include items for information only. 3.1. General Counsel's Monthly Summary Billing Report 3.2. Future Agenda Items and Staff Tasks 4. ADJOURNMENT 4.1. The next regular meeting of the Executive-Administrative-Organizational Committee will be held July 20, 2010 at 4:00 p.m. Items Distributed to the Committee Less Than 72 Hours Prior to the Meeting Pursuant to Government Code section 54957.5, non-exempt public records that relate to open session agenda items and are distributed to a majority of the Committee less than seventy-two (72) hours prior to the meeting will be available for public inspection in the lobby of the District's business office located at 1717 E. Miraloma Avenue, Placentia, CA 92870, during regular business hours. When practical, these public records will also be made available on the District's internet website accessible at http://www.ylwd.com/. Accommodations for the Disabled Any person may make a request for a disability-related modification or accommodation needed for that person to be able to participate in the public meeting by telephoning the Executive Secretary at 714-701-3020, or writing to Yorba Linda Water District, P.O. Box 309, Yorba Linda, CA 92885-0309. Requests must specify the nature of the disability and the type of accommodation requested. A telephone number or other contact information should be included so the District staff may discuss appropriate arrangements. Persons requesting a disability-related accommodation should make the request with adequate time before the meeting for the District to provide the requested accommodation. ITEM NO. 2.1 AGENDA REPORT Meeting Date: May 26, 2010 Budgeted: N/A Total Budget: N/A To: Executive-Administrative- Cost Estimate: N/A Organizational Committee Funding Source: N/A From: Ken Vecchiarelli, General Account No: N/A Manager Job No: N/A Presented By: Ken Vecchiarelli, General Dept: Administration Manager Reviewed by Legal: Yes Prepared By: Annie Alexander, Executive CEQA Compliance: N/A Secretary Subject: Amendments to the Conflict of Interest Codes for the District and the Public Financing Corporation SUMMARY: The Political Reform Act requires every local government agency to review its Conflict of Interest Code (COI) biennially to determine if it is accurate or requires amendment. State law stipulates that the Orange County Board of Supervisors (OCBOS) is the code reviewing body for both the District and the Public Financing Corporation. The Clerk of the OCBOS has requested that the District amend the Public Financing Corporation's COI to conform to a standardized format. During this process, staff also re-evaluated the District's COI and has identified some needed modifications. STAFF RECOMMENDATION: That the Committee recommend the Board of Directors approve Resolution Nos. 10-XX and PFC- 10-XX adopting a Conflict of Interest Code for the District and the Public Financing Corporation. DISCUSSION: The Board adopted the Public Financing Corporation's COI on December 23, 2003 by Resolution No. PFC-03-04. Darlene Bloom, Clerk of the OCBOS has requested that this code be amended to conform to a standardized format. Staff discussed these matters further with Ms. Bloom via teleconference on May 10, 2010. During this process, staff also re-evaluated the District's COI and has identified some needed modifications. These suggested amendments include: 1. The addition of designated positions that have been determined to make or participate in the making of District decisions which may foreseeably have a material effect on any financial interest of the employee. 2. The identification of designated positions who manage public investments. Staff also recommends designating the OCBOS as the filing officer for all designated positions in both COI's so that filers can take advantage of the County's new online filing system. The attached resolutions reflect all major recommended amendments (highlighted in red) and will be reviewed by Ms. Bloom and District's legal counsel. ATTACHMENTS: Name: Description: Type: Resolution 10- XX Adopting a Conflict of Interest Code.doc Resolution No. 10-XX Resolution Resolution PFC-10 Resolution No. PFC-10-XX Resolution XX_Adopting _a Conflict of Interest_Code.doc RESOLUTION NO. 10-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ADOPTING A CONFLICT OF INTEREST CODE WHICH SUPERSEDES ALL PRIOR CONFLICT OF INTEREST CODES AND AMENDMENTS PREVIOUSLY ADOPTED WHEREAS, the Political Reform Act of 1974, Government Code Section 81000 et. seq. ("the Act"), requires a local government agency to adopt a Conflict of Interest Code pursuant to the Act; and WHEREAS, the Yorba Linda Water District has previously adopted a Conflict of Interest Code and that Code now requires updating; and WHEREAS, amendments to the Act have in the past and foreseeably will in the future require conforming amendments to be made to the Conflict of Interest Code; and WHEREAS, the Fair Political Practices Commission has adopted a regulation, Title 2, California Code of Regulations, Section 18730, which contains terms for a standard model Conflict of Interest Code, which, together with amendments thereto, may be adopted by public agencies and incorporated by reference to save public agencies time and money by minimizing the actions required of such agencies to keep their codes in conformity with the Political Reform Act. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: Section 1. The terms of Title 2, California Code of Regulations, Section 18730 (Attachment A) and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, together with Exhibits A and B in which positions are designated and disclosure categories are set forth, constitute the Conflict of Interest Code of the Yorba Linda Water District. Section 2. The provisions of all Conflict of Interest Codes and Amendments thereto previously adopted by the Yorba Linda Water District are hereby superseded. Section 3. The Filing Officer is hereby authorized to forward a copy of this Resolution to the Clerk of the Orange County Board of Supervisors for review and approval by the Orange County Board of Supervisors as required by California Government Code Section 87303. Resolution No. 1 0-XX Adopting a Conflict of Interest Code 1 PASSED AND ADOPTED this _ day of 2010, by the following called vote: AYES: NOES: ABSTAIN: ABSENT: William R. Mills, President Yorba Linda Water District ATTEST: Aft, Ken Vecchiarelli, Secretary Yorba Linda Water District Q Reviewed as to form by General Counsel. ,q Arthur G. Kidman, Esq. McCormick, Kidman and Behrens Resolution No. 1 0-XX Adopting a Conflict of Interest Code 2 ATTACHMENT A CONFLICT OF INTEREST CODE OF THE YORBA LINDA WATER DISTRICT The Political Reform Act, Government Code Sections 81000, et seq., requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation (2, California Code of Regulations, Section 18730) which contains the terms of a standard Conflict of Interest Code, which may be incorporated by reference in an agency's code. After public notice and hearing it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2, California Code of Regulations, Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix designating officials and employees and establishing disclosure categories, shall constitute the Conflict of Interest Code of the Yorba Linda Water District. Designated employees shall file statements of economic interests with the Yorba Linda Water District's Political Reform Act Filing Officer, Board Secretary, who will make the statements available for public inspection and reproduction (Government Code Section 82008). Except as specified below, statements for designated employees will be retained by the Agency's Filing Officer. Upon receipt of the statements of the Engineering Manager, Human Resources Manager, Information Technology Director, Operations Manager, Chief Plant Operator, Customer Service Supervisor, Information Systems Administrator, Management Analyst, Operations Assistant, Project Engineer, Public Information Specialist, SCADA Administrator, Senior Accountant, Senior Project Manager, Storekeeper, Water Maintenance Superintendent, Water Quality Engineer and Attorney, the Yorba Linda Water District's Filing Officer shall make and retain a copy and forward the original of these statements to the Clerk of the Orange County Board of Supervisors as the Filing Officer for these positions. Resolution No. 1 0-XX Adopting a Conflict of Interest Code 3 OFFICIALS WHO MANAGE PUBLIC INVESTMENTS Officials who manage public investments, as defined by 2, California Code of Regulations§ 18701 (b), are NOT subject to the Agency's code, but are subject to the disclosure requirement of the Act (Government Code Section 87200 et seq.). [ § 18730 (b)(3)] These positions are listed here for informational purposes only. It has been determined that the positions listed below are officials who manage public investments: Member of the Board of Directors General Manager (Secretary) Assistant General Manager (Assistant Secretary) Finance Director (Auditor) " These positions shall file original statements with the Clerk of the Orange County Board of Supervisors. The disclosure categories and requirements for these positions are set forth in article 2 of chapter 7 of the Political Reform Act, Government Code Section 87200 et. Seq. Resolution No. 1 0-XX Adopting a Conflict of Interest Code 4 APPENDIX CONFLICT OF INTEREST CODE OF THE YORBA LINDA WATER DISTRICT EXHIBIT A LIST OF DESIGNATED POSITIONS Designated Positions Disclosure Categories Attorney OC-01 Chief Plant Operator OC-05 Customer Service Supervisor OC-05 Information Systems Administrator OC-05 Management Analyst OC-05 Operations Assistant OC-05 Project Engineer OC-05 Public Information Specialist OC-05 SCADA Administrator OC-05 Senior Accountant OC-05 Senior Project Manager OC-05 Storekeeper OC-05 Water Maintenance Superintendent OC-05 Water Quality Engineer OC-05 Consultant OC-30 Engineering Manager OC-41 Human Resources Manager OC-41 Information Technology Director OC-41 Operations Manager OC-41 Resolution No. 1 0-XX Adopting a Conflict of Interest Code 5 EXHIBIT B LIST OF DISCLOSURE CATEGORIES Disclosure Category Disclosure Description OC-01 All interests in real property in Orange County, the authority or the District as applicable, as well as investments, business positions and sources of income (including gifts, loans and travel payments). OC-05 All investments in, business positions with and income (including gifts, loans and travel payments) from sources that provide services, supplies, materials, machinery, equipment (including training and consulting services) used by the County Department, Authority or District, as applicable. OC-30 Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest category in the code subject to the following limitation: The Department Head/Director/General Manager/Superintendent/etc. may determine that a particular consultant, although a "designated position", is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements of this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure required. The determination of disclosure is a public record and shall be filed with the Form 700 and retained by the Filing Office for public inspection. OC-41 All interests in real property in Orange County or the District as applicable, as well as investments in, business positions with and income (including gifts, loans and travel payments) from sources that provide services, supplies, materials, machinery, vehicles, or equipment (including training and consulting services) used by the County Department, Authority or District, as applicable. Resolution No. 1 0-XX Adopting a Conflict of Interest Code 6 RESOLUTION NO. 10-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT PUBLIC FINANCING CORPORATION ADOPTING A CONFLICT OF INTEREST CODE WHICH SUPERSEDES ALL PRIOR CONFLICT OF INTEREST CODES AND AMENDMENTS PREVIOUSLY ADOPTED WHEREAS, the Political Reform Act of 1974, Government Code Section 81000 et. seq. ("the Act"), requires a local government agency to adopt a Conflict of Interest Code pursuant to the Act; and WHEREAS, the Yorba Linda Water District Public Financing Corporation has previously adopted a Conflict of Interest Code and that Code now requires updating; and WHEREAS, amendments to the Act have in the past and foreseeably will in the future require conforming amendments to be made to the Conflict of Interest Code; and WHEREAS, the Fair Political Practices Commission has adopted a regulation, Title 2, California Code of Regulations, Section 18730, which contains terms for a standard model Conflict of Interest Code, which, together with amendments thereto, may be adopted by public agencies and incorporated by reference to save public agencies time and money by minimizing the actions required of such agencies to keep their codes in conformity with the Political Reform Act. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District Public Financing Corporation as follows: Section 1. The terms of Title 2, California Code of Regulations, Section 18730 (Attachment A) and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, together with Exhibits A and B in which positions are designated and disclosure categories are set forth, constitute the Conflict of Interest Code of the Yorba Linda Water District Public Financing Corporation. Section 2. The provisions of all Conflict of Interest Codes and Amendments thereto previously adopted by the Yorba Linda Water District Public Financing Corporation are hereby superseded. Resolution No. PFC-10-XX Adopting a Conflict of Interest Code 1 Section 3. The Filing Officer is hereby authorized to forward a copy of this Resolution to the Clerk of the Orange County Board of Supervisors for review and approval by the Orange County Board of Supervisors as required by California Government Code Section 87303. PASSED AND ADOPTED this _ day of 2010, by the following called vote: AYES: NOES: ABSTAIN: ABSENT: 46, William R. Mills, President YLWD Public Financing Corp . ATTEST: Ken Vecchiarelli, Secretary YLWD Public Financing Corp Reviewed as to form by General Counsel: a Arthur G. Kidman, Esq. McCormick, Kidman and Behrens Resolution No. PFC-10-XX Adopting a Conflict of Interest Code 2 ATTACHMENT A CONFLICT OF INTEREST CODE OF THE YORBA LINDA WATER DISTRICT PUBLIC FINANCING CORPORATION The Political Reform Act, Government Code Sections 81000, et seq., requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation (2, California Code of Regulations, Section 18730) which contains the terms of a standard Conflict of Interest Code, which may be incorporated by reference in an agency's code. After public notice and hearing it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2, California Code of Regulations, Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix designating officials and employees and establishing disclosure categories, shall constitute the Conflict of Interest Code of the Yorba Linda Water District Public Financing Corporation. Designated employees shall file statements of economic interests with the Yorba Linda Water District Public Financing Corporation's Political Reform Act Filing Officer, Board Secretary, who will make the statements available for public inspection and reproduction (Government Code Section 82008). Except as specified below, statements for designated employees will be retained by the Agency's Filing Officer. Upon receipt of the statements of the Attorney, the Yorba Linda Water District Public Financing Corporation's Filing Officer shall make and retain a copy and forward the original of these statements to the Clerk of the Orange County Board of Supervisors as the Filing Officer for this position. Resolution No. PFC-10-XX Adopting a Conflict of Interest Code 3 OFFICIALS WHO MANAGE PUBLIC INVESTMENTS Officials who manage public investments, as defined by 2, California Code of Regulations§ 18701 (b), are NOT subject to the Agency's code, but are subject to the disclosure requirement of the Act (Government Code Section 87200 et seq.). [Regulations § 18730 (b)(3)] These positions are listed here for informational purposes only. It has been determined that the positions listed below are officials who manage public investments: Member of the Board of Directors General Manager (Secretary) Assistant General Manager (Assistant Secretary) Finance Director (Treasurer) These positions shall file original statements with the Clerk of the Orange County Board of Supervisors. The disclosure categories and requirements for these positions are set forth in article 2 of chapter 7 of the Political Reform Act, Government Code Section 87200 et. Seq. Resolution No. PFC-10-XX Adopting a Conflict of Interest Code 4 APPENDIX CONFLICT OF INTEREST CODE OF THE YORBA LINDA WATER DISTRICT PUBLIC FINANCING CORPORATION EXHIBIT A LIST OF DESIGNATED POSITIONS Designated Positions Disclosure Categories Attorney OC-01 Consultant OC-30 ~a Resolution No. PFC-10-XX Adopting a Conflict of Interest Code 5 EXHIBIT B LIST OF DISCLOSURE CATEGORIES Disclosure Category Disclosure Description OC-01 All interests in real property in Orange County, the Authority or the District as applicable, as well as investments, business positions and sources of income (including gifts, loans and travel payments). OC-30 Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest category in the code subject to the following limitation: The Department Head/Director/General Manager/Superintendent/etc. may determine that a particular consultant, although a "designated position", is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements of this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure required. The determination of disclosure is a public record and shall be filed with the Form 700 and retained by the Filing Office for public inspection. Resolution No. PFC-10-XX Adopting a Conflict of Interest Code 6 ITEM NO. 2.2 AGENDA REPORT Meeting Date: May 26, 2010 Budgeted: N/A To: Executive-Administrative- Organizational Committee Funding Source: N/A From: Ken Vecchiarelli, General Manager Presented By: Ken Vecchiarelli, General Dept: Administration Manager Prepared By: Damon Micalizzi, Public CEQA Compliance: N/A Information Specialist Subject: District Media Policy SUMMARY: The attached media policy has been drafted for Committee review and comment prior to full Board consideration. STAFF RECOMMENDATION: That the Committee recommend the Board of Directors approve the media policy. DISCUSSION: With YLWD's recent increase in media exposure, it is appropriate to have a policy in place that guides our interactions with the news media. The attached policy outlines in detail the limits on how the District's employees should interact with the media and provides guidelines for the release of public information to print and electronic news media. ATTACHMENTS: Name: Description: Type: YLWD_Media _Policy.pdf Media Policy Backup Material PUBLIC AFFAIRS 12010 YORBA LINDA WATER DISTRICT MEDIA POLICY A POLICY STATEMENT Yorba Linda Water District (YLWD) will be open, responsive and proactive in communicating to the media. It is vital to maintain a healthy relationship with the media and to provide accurate information. All information will be provided in a professional and timely manner. B GUIDING PRINCIPLES 1. Employees shall not use district policy as a shelter from releasing information to the media. 2. No statements which may appear to be the opinion of Yorba Linda Water District's Board of Directors or YLWD shall be given without the approval of the Public Affairs Office. 3. Only authorized YLWD staff (see 1.1 1 [a]) will provide information to the media regarding events and issues. 4. The General Manager and the Public Information Officer (PIO) must be informed immediately of media inquiries relating to sensitive or controversial issues, potential litigation, and personnel matters. S. In the absence of the PIO, and the General Manager, only authorized YLWD staff may release information to the media. 6. The General Manager or designate will inform the YLWD Board of Directors of all Media inquiries and advisories. 1.1 DEFINITIONS 1. For the purposes of this policy, the following definitions will apply: a. "Authorized persons" i. General Manager ii. Public Information Officer (PIO) iii. Assistant General Manager iv. Staff acting under direction of an authorized person b. "News release " — release of information to the media by an authorized person, concerning an activity involving the Yorba Linda Water District. YORBA LINDA WATER DISTRICT I PUBLIC AFFAIRS PUBLIC AFFAIRS 12010 C. "California Public Records Act" —The California Public Records Act which states that, subject to certain exceptions, access to information concerning the conduct of the people's business is a fundamental right of every person in the State. d. "Brown Act" - The Ralph M. Brown Act states that public commissions, boards and councils exist to aid in the conduct of the people's business, and their actions and deliberations must be conducted openly unless otherwise expressly authorized. e. "Privacy Act" - Federal and State legislation and court decision that establish conditions of disclosure and access to records by the public. "Personal information" - recorded information about an identifiable individual, including: i. Religious or political beliefs or associations ii. Sexual orientation iii. Fingerprints, blood type or inheritable characteristics iv. Health, health history - both physical and emotional V. Education, financial, criminal or employment history vi. Personal views or opinions, and; vii. Anyone else's personal views or opinions about the individual 1.2 RELEASE OF INFORMATION & LEGAL RESTRICTIONS A. POLICY a. Providing information to the media is governed by: i. California Public Records Act ii. Brown Act iii. California Penal Code iv. Relevant case law b. It is the responsibility of YLWD Managers to notify the PIO of significant events or issues that occur within their departments, which maybe of major interest to the YLWD Board of Directors, YLWD, the general public, and media. Such issues include, but are not limited to: i. An event or issue that is controversial; ii. Injury or death of a staff member while on or off duty iii. Major malfunctions of a YLWD facility that could impact the public or environment, or iv. An unexpected work stoppage or inability to provide service 2 so YORBA LINDA WATER DISTRICT I PUBLIC AFFAIRS 3 YL 1. No one shall release: a. Information relating to liability; PUBLIC AFFAIRS 12010 b. Information that in anyway may jeopardize or interfere with an ongoing investigation by authorities or that may jeopardize a person's civil rights; c. Any comment that would reasonably be deemed defamatory, slanderous or libelous and is likely to injure the reputation of any person by exposing them to hatred, contempt or ridicule, or that is designed to insult the person named; d. Any comment that would reasonably be deemed derogatory regarding an individual Director, Councilmember, Commissioner, Councilor Commission actions or official District policy. Staff should also refrain from anticipating an action or position that has not been formally enacted or approved by the Board of Directors, YLWD Management, and e. Information contrary to the provisions of the California Public Records Act, the Brown Act, the California Penal Code, and relevant case law. B. GUIDELINES AND EXPEMPTIONS FOR RELASE OF PERSONAL INFORMATION The California Public Records Act (CPRA) governs decisions regarding the disclosure of personal information. The decision to release information under an exception to the CPRA requires consultation with YLWD Counsel, unless there is an immediate danger at hand (see Sec 1.6). 1. The fundamental precept of the California Public Records Act is that government records shall be disclosed to the public upon request, unless there is a specific requirement or reason not to do so. Non - disclosure can be reasonably expected if disclosure adversely affects the government's ability to perform its assigned functions in a reasonably efficient manner, e.g.: i. Compromise the confidentiality of investigative records or pending litigation; ii. Harm law enforcement, security or an ongoing investigation; iii. Deprive a person of their civil rights; iv. Facilitate the commission of an offense; or V. Prejudice the defense of Yorba Linda Water District (YLWD)as to a pending lawsuit or claim YORBA LINDA WATER DISTRICT I PUBLIC AFFAIRS PUBLIC AFFAIRS - 2010 2. Exemptions under the California Public Records Act include: i. Personnel or medical records with intimate or personal information ii. Preliminary notes, drafts, and memoranda that are not retained in the ordinary course of business, provided that the public interest in withholding such records clearly outweighs the public interest in disclosure iii. Investigative records and intelligence information iv. Applications filed with any state agency responsible for the regulation or supervision of the issuance of securities or of financial institutions V. Information gathered under assurances of confidentiality 3. Personal information may be released when: i. The release of such information assists in warning the public about a risk of significant harm to the environment or to the safety of the public or a group of people; ii. The disclosure of which is clearly in the public interest iii. The individual involved consents to the release of his or her personal information; or iv. Records are available to the public C RELEASE OF PHOTOGRAPHS /PHOTOGRAPHY /VIDEO Photographs or video taken by the PIO, or photographs that the Public Affairs Office purchases or retains the rights to, may be provided to the media. Photographs or video of YLWD Staff may be provided to the media upon the agreement of the staff member and at the discretion of the General Manager or PIO D PUBLIC RECORDS The media is generally provided access to all records or proceedings which are deemed to be of a public nature including but not limited to: i. Financial documents ii. Salaries or salary ranges of YLWD staff iii. The original claim for damages filed with the YLWD iv. Completed project files In situations where there is a discrepancy or uncertainty regarding the release of an official document, YLWD legal counsel shall make a final 4 determination. Such determination will be communicated to the PIO and the General Manager before release. YORBA LINDA WATER DISTRICT I PUBLIC AFFAIRS 5 PUBLIC AFFAIRS 12010 1.3 RELEASE OF INFORMATION A NEWS RELEASES 1. All news releases shall be distributed by the PIO. 2. All news releases shall follow Yorba Linda Water District (YLWD) news release template. All releases should be consistent, timely and strictly factual. 3. All Departments wishing to issue a news release must coordinate the distribution through the PIO. 4. All news releases must be initialed as authorized by a member of the Public Affairs Office and an original copy must be filed. B STATISTICAL INFORMATION All media requests for statistical information shall be referred to the PIO and confirmed by the General Manager or designate before being provided to any outside person, group or agency to ensure accuracy and consistency. C MEDIAADVISORY Upon completion of a media interview, staff will submit a summary via e -mail to the Public Affairs Office and the General Manager providing the following information: i. Person interviewed and subject of interview ii. Interviewer and media outlet iii. Publication on air date of interview iv. A short summary of the interview YORBA LINDA WATER DISTRICT I PUBLIC AFFAIRS YL PUBLIC AFFAIRS 12010 1.4 GUIDELINES FOR RELEASING INFORMATION TO THE MEDIA A UNAUTHORIZZED STAFF 1. When approached by media, unauthorized staff shall: a. Refer questions and inquiries to the PIO or an authorized person; b. Not restrict, prevent or obstruct the media from videotaping or photographing Yorba Linda Water District (YLWD) staff in the performance of their duties, scenes, people or events within public view; Refrain from commenting on the activities of other agencies as media policies and guidelines differ from organization to organizations; and d. Provide authorized members an account for all information given to media, other than routine incidents, as soon as possible by way of email. B AUTHORIZED MEMBERS 1. In the absence of the PIO or General Manager, designated staff shall be responsible for managing media inquires. 2. The Public Affairs Office will respond to media requests as soon as practicable, keeping in mind news deadlines. 3. The Public Affairs Office shall prepare and distribute media advisories promptly following media interviews. C AUTHORIZED MEMBERS - GENERAL INFORMATION 1. Upon receipt of an inquiry from a media representative, or upon becoming aware of an incident likely to be of interest to the media, an authorized member, in a timely manner, shall: a. Attempt to obtain and provide information in a professional manner in accordance to guidelines set out herein; and 6 b. Tell the reporter why he /she cannot provide information if they are unsure of the answer or are limited by restrictions. YORBA LINDA WATER DISTRICT I PUBLIC AFFAIRS PUBLIC AFFAIRS 12010 1.5 RELEASE OF INFORMATION - EMERGENCY MANAGEMENT A POLICY In the event of a disaster, or when a community emergency is declared, an on -scene media spokesperson will be appointed. Frequently, the PIO or General Manager will be the on -scene spokesperson. All media inquiries shall be directed to and coordinated through that person. 1. In the event of an emergency, the Public Affairs Office shall carry out duties as prescribed in the Emergency Management Plan. B MEDIA RELATIONS OFFICER (OR DESIGNATE) 1. In the case of a serious or major incident, the PIO, or designate, shall: a. Attend the scene in order to assist media; b. Set a staging area in conjunction with the authorities in charge; c. Ensure the safety of the media is considered; and d. Manage media information dissemination. He /she will not release information to the media unless authorized by the incident commander at the scene. 1.6 MEDIA ACCESS A Yorba Linda WATER DISTRICT PUBLIC BOARD ROOM 1. Media will not be barred or prohibited from any public area and are to be granted access to all public areas of YLWD. 2. Media personnel may be prohibited from entering specialized sections if entry may contravene privacy and non - disclosure policy. However, media personnel may pre- arrange an appointment to enter specialized sections, and shall always be accompanied by an authorized staff member. 7 3. In accordance with the Brown Act, in the event of a disruption at a public meeting or event, accredited news media not participating in the sodisturbance must be allowed to remain. YORBA LINDA WATER DISTRICT I PUBLIC AFFAIRS PUBLIC AFFAIRS 12010 B INCIDENT SCENES Media must be given the same access to an incident scene as members of the general public. At times, media may be escorted to special holding areas within incident perimeters if the situation warrants and allows. 1. Media representatives shall be permitted access to a scene except when: i. Dangerous or hazardous conditions exist, ii. The presence of media may interfere or obstruct emergency service personnel; iii. Their presence poses a danger to victims or others; and /or iv. Their presence may disturb evidence or a protected crime scene. 2. When the Public Information Officer or authorized staff member has been summoned to the scene, a media briefing area will be secured. 3. If necessary to restrict movement of the media, reasons must be explained without delay. 4. Authorized members of the media are granted access to disaster areas under Penal Code section 409.5(d). As a general rule, media representatives should not be admitted to National Defense areas, such as the crash of a military aircraft (66 Ops. Cal. Atty. Gen. 497 [1983]). S. Pool feeds may be required when access is unavoidably restricted, and should be considered only when no other means to provide access to media is available. 1.7 RELEASE OF INFORMATION CONCERINING YLWD EMPLOYEES A POLICY Any media inquires about a YLWD employee shall be forwarded immediately to the Public Affairs Office. Before information is released, legal counsel and /or input from Human Resources may be required. 1. Salaries of YLWD staff are public information. Providing a salary range is an acceptable practice. 2. Information regarding internal discipline and complaints against YLWD staff shall not be released. 0 03, Media inquiries regarding details or circumstances of an investigation or charges laid against a YLWD staff member shall be directed to the originating agency. YORBA LINDA WATER DISTRICT I PUBLIC AFFAIRS YLIL B CRIMINAL CHARGES PUBLIC AFFAIRS 12010 If an employee is charged criminally, Yorba Linda Water District (YLWD) through the Human Resources Manager or their designate, will confirm the person is /was an employee, and will relay that employee's current status i.e., employed, suspended or terminated, without further explanation. 1.8 CORRECTING ERRORS A POLICY Yorba Linda Water District (YLWD) has a responsibility to clarify or correct facts inaccurately released by the media. 1. It is the responsibility of Department Managers to contact the Public Affairs Office when a story has been published or aired with a factual error that significantly impacts on the public's perception of the issue at hand. Media contact will be made at the discretion of the PIO. 2. Department Managers shall contact the Public Affairs Office when an editorial comment or story is published or aired that does not adequately represent a balanced perspective of the issue at hand. The PIO will determine if further action is appropriate. B RESPONDING TO MEDIA STORIES AS A PRIVATE CITIZEN 1. Employees who choose to contact, initiate or respond to YLWD related news stories as a private citizen must follow the following guidelines: a. Letters may not be prepared on district time, YLWD stationary, or mailed at YLWD's expense; b. Contact may not be made on District time using district telephones or e- mails; c. Use of YLWD facilities or supplies is prohibited; d. Responses shall not include the employee's YLWD title or be considered on behalf of the YLWD and /or the Board of Directors; and e. Statements made to the media shall not disrupt public meetings or interfere with YLWD business. 2. The above guidelines also pertain to employees responding to or initiating media contact as official representatives of YLWD- sanctioned employee groups /unions. 60 YORBA LINDA WATER DISTRICT I PUBLIC AFFAIRS ITEM NO. 3.1 AGENDA REPORT Meeting Date: May 26, 2010 Subject: General Counsel's Monthly Summary Billing Report ATTACHMENTS: Name: Dosciiption: a ype: MKB - Billing Summary Apr.pdf MKB Billing Summary Backup Material YORBA LINDA WATER DISTRICT MONTHLY SUMMARY BILLING CHART BILLING MONTH: April 2010 Matter Matter Date Task Order Name Number Onened Amount CURRENT FISCAL YEAR 2009 -2010 Current Billing Total Billed to Date Total Billed 2008 -2009 ADHI 27, 2010 Current Fiscal Year Prior Fiscal Year CONSTRUCTION CONTRACTS 002 7/31/2007 NIA $528.25 $33,426.47 $16,113.90 PROPERTY TAX ALLOCATION 030 $0.00 $1,404.54 $2,085.00 OCWD ANNEXATION 040 1/13/1994 NIA $1,347.50 $4,070.00 $7,185.00 RICHFIELD SITE IMPROVEMENTS 042 $0.00 $0.00 $545.00 SHELL 051 $0.00 $51.34 $1,304.71 HIDDEN HILLS RESERVOIR 068 8/25/2003 $1,310.10 $67,411.97 $120,193.53 YLWD DEIMER PLANT 069 $0.00 $4,107.50 S&S DEVELOPMENT AGREEMENTS 071 $0.00 $0.00 $6,140.00 RWQCB 073 12/18/2002 $0.00 $0.00 $636.21 LAKEVIEW RESERVOIR 081 3/2/2005 $20,000.00 $0.00 $577.50 $1,924.00 NON - CONSTRUCTION AGREEMENTS 084 4/5/2005 $11,000.00 $993.05 $22,194.70 $43,493.12 CELL TOWER 085 7/28/2006 $15,000.00 $0.00 $2,043.80 $1,012.50 WATER RATESIWATER CONSERVATION 087 7/31/2006 $10,000.00 $517.50 $15,159.35 $76,130.12 BOD PROCEDURES 089 3/27/2006 $5,000.00 $0.00 $0.00 $12,522.50 GRANDVIEW SEWER 091 5/30/2007 $10,000.00 $0.00 $545.50 $1,202.50 Matter Matter Date Task Order Name Number Opened Amount 2010 DEVELOPMENT PROPOSALS 094 1/19/2010 CIELO VISTA 095 2/3/2010 CODE OF ETHICS 096 1 2/19%2010 ANAHEIM WELLS 1 097 1 3/31/2010 Current Billing Total Billed to Date Total Billed 2008 -2009 -April 27, 2010 Current Fiscal Year Prior Fiscal Year $0.00 $6,500.00 $0.00 $2,787.12 $4,455.00 $4,455.00 $0.00 $907.50 $9,151.401 $165,642,291 $290,488.09 McCormick, Kidman & Behrens Charges Month of Apr-2010 Expensed 9,865.41 Job charges 1,203.49 11,068.90 YTD through Apr-2010 Expensed 149,077.93 Job charges 37,971.86 187,049.79