ITEM:		ACTION ITEMS
14.	CONSIDER ADOPTION OF BOARD EXPENSE REIMBURSEMENT POLICY AND MODIFICATION OF THE MEETING RULES TO COMPLY WITH AB1234 AND DESIGNATE EMPLOYEES REQUIRED TO ATTEND ETHICS TRAINING
Meeting Date:			April 17, 2006	Budgeted:	N/A
From:			David A. Berger,	Program/	N/A
			General Manager	Line Item No.:
Prepared By:			Rick Dickhaut	Cost Estimate:	N/A
General Counsel Approval: Yes
Committee Recommendation: The Administrative Committee reviewed this item on April 6, 2006 and recommended approval.
CEQA Compliance: N/A

SUMMARY: In order to comply with AB 1234 the "Local Government Sunshine Bill," which took effect January 1, 2006, staff has drafted a new Board Expense Reimbursement Policy (Exhibit 14-A), which is based on models provided by the Association of California Water Agencies and the California Special Districts Association. Staff has also drafted the necessary modifications to Rule Nos. 9 and 10 of the District’s Meeting Rules (Exhibit 14-B). The recommended wording to be added to the meeting rules is underlined and text to be deleted is shown in the boxes on the left of the page. As indicated by the deletion of Rule 10, the District is no longer allowed to pay the monthly flat amounts ($75 to the Chair and $50 to other Board members) for ordinary expenses. General Counsel also reviewed Ordinance No. 113, An Ordinance of the Board of Directors of the Monterey Peninsula Water Management District Setting Compensation for Board Members, and determined that no changes to the ordinance are required as it already complies with AB 1234.

In addition to requiring bi-annual ethics training for all local elected officials, AB 1234 also gives each local governing body the option of designating certain employees for required ethics training. Staff recommends that the Board designate the District’s General Manager, General Counsel, Administrative Services Manager/Chief Financial Officer, Planning and Engineering Manager, Water Resources Manager and Water Demand Manager as employees required to obtain periodic ethics training. This listed of appointed positions are the same as those included in the District’s Conflict of Interest Code.

RECOMMENDATION: District staff recommends that the Board take the following actions:

1) Adopt the MPWMD Board Expense Reimbursement Policy;

2) Adopt the Modifications to Rules No. 9 and 10 of the Meeting Rules of MPWMD; and

3) Designate the District’s General Manager, General Counsel, Administrative Services Manager/Chief Financial Officer, Planning and Engineering Manager, Water Resources Manager and Water Demand Manager as employees required to obtain periodic ethics training.

The Administrative Committee reviewed this item at its April 6, 2006 meeting and voted 2 to 0 to recommend approval..

BACKGROUND: AB 1234 the "Local Government Sunshine Bill," took effect January 1, 2006.  Motivated by some recent high-profile incidents involving local government entities, the bill seeks to provide more transparency to local governments and accountability to the public.  It specifically contains three key provisions to "sunshine" the activities of local government officials, and pertains to special district board members in the following ways:

• All special district directors must receive ethics training by December 31, 2006 – AB 1234 includes new provisions requiring ethics training for local government officials and designated employees - two hours every two years - and new directors and trustees must complete their initial two-hour training within a year of their election or appointment.

• Board member compensation – AB 1234 clarifies the rules pertaining to compensation to members of a local government legislative body for attendance at authorized meetings and conferences.

• Guidelines for reimbursement – AB 1234 sets legal standards for reimbursement of members of a local government legislative body for actual and necessary expenses incurred in the performance of official duties, such as travel, meals and lodging.

EXHIBITS

14-A MPWMD Board Expense Reimbursement Policy

14-B Modification to Rule Nos. 9 and 10 of the Meeting Rules of the MPWMD

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