Ord 2006-55ORDINANCE NO. 55
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE
COSTA MESA SANITARY DISTRICT
ADDRESSING THE REQUIREMENTS OF THE
LOCAL GOVERNMENT SUNSHINE BILL
WHEREAS, the Legislature has adopted Chapter 700 of the 2005 Statutes
which enacted the "Local Government Sunshine Bill "; and
WHEREAS, said law imposed requirements on local government entities
that pay per diem compensation or that pay expense reimbursements to adopt
written guidelines and requires the officials of such entities to attend ethics
training seminars; and
WHEREAS, the Board does hereby desire to amend the District
Operations Code to provide a reference to such law and to establish that the
District has complied therewith;
NOW, THEREFORE, the Board of Directors does hereby ORDAIN as
follows:
Section 1. That Section 3.01.030 of the District's Operations Code is hereby
amended to read:
"Section 3.01.030. Compensation. Pursuant to the provisions of Health
and Safety Code Section 6489, compensation is set for each day's attendance at
a Board meeting, or for each day's service rendered as a director at the request
of the Board, the sum of one hundred and seventy dollars per day, not to exceed
a total of six days in any calendar month.
The following meetings shall be eligible for such per diem service:
1. Board meetings
2. Advisory committee meetings such as subcommittees
3. Approved conferences or organized educational activities
4. Orange County Sanitation District (OCSD) meetings
5. Santa Ana River Flood Protection Agency (SARFPA) meetings
6. Independent Special Districts of Orange County (ISDOC)
meetings
7. Orange County Local Agency Formation Commission (LAFCO)
meetings
8. California Special Districts Association (CSDA) meetings
9. California Association of Sanitation Agencies (CASA)
meetings
10. Orange County Council of Governments (OCCOG) meetings
11. WACO meetings
12. Costa Mesa Chamber of Commerce meetings
13. Educational Outreach and Presentations
14. City of Costa Mesa Council Meetings
The Board member shall also be entitled to his reasonable expenses
incident thereto."
Section 2. That Section 3.01.035 shall be added to read:
"Section 3.01.035. Sunshine Law Compliance. In accordance with
Chapter 700 of the 2005 Statutes, the District shall comply with the Local
Government Sunshine Law by attending ethics training as mandated. Daily
compensation for occurrences shall be set forth in Section 3.01.030 and
reimbursement for travel expenses shall be made in accordance with Section
3.01.090 as the same may be supplemented. Expense reimbursement shall
be made on District forms that show that expenses are within policy. Board
members shall provide brief reports on meetings attended at public expense at
the next regular Board meeting."
Section 3. That Section 3.01.090 of the District's Operations Code is
amended to read:
"Section 3.01.090. Conferences, Travel and Expenses:
(a) The Board of Directors recognizes the benefit derived from
Directors attending out of County educational seminars,
conferences, programs, political hearings and functions. No Board
member shall incur such expense outside Orange County without
prior Board approval.
(b) Board members are authorized to attend any meeting,
conference or seminar from which the District will derive benefit
within Orange County without prior Board approval and to have such
expenses reimbursed, subject to the limitations provided for herein.
(c) The expenses allowed include, but are not limited to, meals,
transportation, lodging, and registration fees, which are actual,
necessary and reasonable and substantiated by receipts, unless paid
for directly by the District. Lodging shall not exceed the maximum
group rate offered by the sponsor. Members shall also use group or
government rates for transportation or shall use IRS rates.
Automobile mileage shall be reimbursed at the current standard
mileage rate established by the Internal Revenue Service.
(d) Board members shall present their reimbursement requests
for such expenses to the Board on District - approved forms with
suitable substantiation supported by receipts or similar proof of
payment.
(e) For all reasonable meals, transportation and lodging
expenses, the District Treasurer may reimburse the Board member's
expenses prior to Board approval and obtain ratification at the next
regular Board meeting. Expenses not ratified by the Board of
Directors will be deducted from a subsequent payment. All expense-
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ed- frem- a- subsequent payment. All expense
reimbursements other than meals, transportation and lodging must
be submitted for Board approval prior to reimbursement.
(f) Expenses reimbursements shall be in addition to the daily
compensation that Board members may be entitled to pursuant to
Health and Safety Code Section 6489 and Section 3.01.030 of this
Code.
(g) District staff shall maintain a credit card or other account that
allows for the direct payment of airline tickets, hotel rooms,
registration fees and other expenses. The District Treasurer shall
establish policies and procedures for utilization of the credit cards
and /or other accounts.
(h) Nothing stated herein is meant to be a limitation on a Board
member's right to attend any event at the Board member's own
expense.
(i) Board members shall be cognizant of the Brown Act and any
exceptions thereto whenever a quorum of the Board is present at the
same location."
Section 4. Should any part, clause or section of this Ordinance be declared by any
Court of competent jurisdiction to be invalid, the remaining provisions of this
Ordinance shall nevertheless be and remain in full force and effect and the Board of
Directors of the Costa Mesa Sanitary District of Orange County, California, hereby
declares that each and every section, clause, provision or part of this Ordinance
would have been adopted and made a part of this Ordinance without the adoption
of any portion thereof and that the invalidity of any part or provision hereof shall not
in any way affect the validity or enforcement of the remaining provisions of this
Ordinance that may stand on their own.
Section 5. Pursuant to Health and Safety Code Sections 6490 and 6491.3, the
Clerk shall cause this ordinance or a summary thereof to be published in a
newspaper of general circulation printed and published in the District according to
law and it shall take effect upon the expiration of one week after publication.
PASSED and ADOPTED this UZ day of 2006.
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President
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, JOAN REVAK, Clerk of the Costa Mesa Sanitary District, hereby certify
that the above and foregoing Ordinance No. 55, was duly and regularly passed
and adopted by said. oard of Directors at a regular meeting thereof, held on the
/gijb day of 2006 by the following vote:
AYES: James Ferryman, Greg Woodside, Art Perry, Arlene Schafer,
Dan Worthington
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
seal of the Costa Mesa Sanitary District, this /,;Z& day of
2006.
Clerk o # e.C'ista Mesa Sanitary District
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