01 - Minutes Special Meeting 2013-11-08 DRAFT
ITEM NO. 01
CMSD
OSTA ESA ANITARY ISTRICT
MBDSM
INUTES OF OARD OF IRECTORS PECIAL EETING
N8,2013
OVEMBER
______________________________________________________________________
COThe Boardof Directors of the Costa Mesa
ALL TO RDER
Sanitary District met in specialsession on
November 8, 2013at 8:30A.M. at 628 W.
th
19Street, Costa Mesa.
RCDP:
James Ferryman, Robert Ooten, Art Perry,
OLL ALLIRECTORS RESENT
Arlene Schafer, Mike Scheafer
DA:
None
IRECTORS BSENT
SP:Scott Carroll, General Manager;Alan Burns,
TAFF RESENT
District Counsel; Noelani Middenway, Deputy
Clerk of the District;
OP:Jim Mosher, Resident
THERS RESENT
PC
UBLIC OMMENT
President Ferryman invited members of the public to address the Board.
Mr. Jim Mosher commented regarding the distinction between the Treasurer and
Finance Manager and noted a potential typographical error in the Health and Safety
urer
budget.
Seeing no one further, President Ferryman closed public comments.
Finance Manager Position Oral Report
Recommendation: That the Board of Directors receive an oral report from the General
Manager and provide direction.
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ELD OVEMBER
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General Manager Carroll announced the resignation of Ms. Stacey Cuevas from the
operations. Mr. Carroll indicated that he met with Mr. Marc Davis, District Treasurer, Ms.
Jacque Rogers, Senior Consultant with CBIZ MHM, LLC, and Ms. Kaitlin Tran,
Associate Accountant, and noted that Ms. Rogers would work at the District two days a
week and Mr. Davis would work one half day per week. Mr. Carroll provided recruitment
options including the hiring of a recruitment firm, as well as the possibility of hiring Ms.
employee, on an interim basis with the opportunity to be hired on as a full-time
employee. Mr. Carroll addressed the concern of a possible conflict of interest of Mr.
Davis acting as the District Treasurer and Ms. Davis as the Finance Manager and noted
that Mr. Davis indicated that he would resign as District Treasurer in the event that a
conflict of interest did exist and that Ms. Davis was hired on as a permanent full-time
District employee. Mr. Carroll concurred that Mr. Davis should resign as Treasurer if a
conflict of interest did exist. Mr. Carroll noted that Ms. Davis would also be able to
serve as the District Treasurer as she had formerly served in that capacity.
Director Perry questioned if the District is obligated in any way to the successful
candidates who had previously applied and interviewed for the Finance Manager
position.
General Manager Carroll indicated that the District was not obligated.
Director Perry questioned if there were a possibility to consider the individuals on the
eligibility list and expressed favor of not spending additional funds on another
recruitment if qualified candidates were still available.
Director Schafer noted that it was common practice to use the next qualified candidate
from the eligibility list within a short timeframe and noted that Mr. Davis and Ms. Davis
previously worked together for the District for a number of years and that no conflict of
interest existed.
Ms. Anna Sanchez entered the meeting at 8:36 a.m.
Discussion followed.
President Ferryman expressed concern that a conflict did exist and deferred to District
Counsel Burns for his opinion.
Mr. Burns commented that neither Mr. Davis nor Ms. Davis should supervise the other.
General Manager Carroll noted that Mr. Davis is part owner of CBIZ MHM, LLC and
requested clarification as to whether there would be a conflict if Ms. Davis was hired in
the interim as a CBIZ employee.
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Mr. Burns indicated that it would not be a conflict if Ms. Davis were hired as a CBIZ
employee as she would not be a District employee. Mr. Burns also stated that Mr. Davis
could not recommend Ms. Davis for the position as it would be a conflict for Mr. Davis.
General Manager Carroll noted that there would not be any supervisory issues as Ms.
Davis would report directly to Mr. Carroll and Mr. Davis would report directly to the
Board of Directors.
Discussion followed.
Director Ooten questioned if Ms. Davis met the criteria to fit the Finance Manager
position.
Mr. Carroll noted that Ms. Davis had both accounting and management skills and did fit
the criteria. Mr. Carroll indicated that he would work with District Counsel to amend the
CBIZ contract as it currently pertains to only Treasurer type duties and bring the
amendment to the Board on November 21, 2013.
Discussion followed.
Director Perry expressed favor of moving forward with recruiting Ms. Davis and
questioned what her proposed rate of pay would be.
Mr. Carroll indicated that Ms. Davis would be paid at the Senior Consultant rate of what
he believes is $75.00/hour, but that rate could change after reviewing the rate in CBIZ
contract. Mr. Carroll noted that Ms. Davis has the opportunity to work up to 40 hours
per week.
Discussion followed.
The Board of Directors directed Mr. Carroll to move forward with amending the CBIZ
agreement and to place the review of the amendment on November 21, 2013 agenda.
There were no additional questions or comments.
Personnel Committee
Discussion regarding creating a Personnel Committee.
General Manager Carroll noted that he did not have anything to present on the item and
deferred to District Counsel Burns for report details.
President Ferryman invited Mr. Mosher to provide public comment on the item.
Mr. Mosher provided comments regarding the difference between policy and
administration and noted that Personnel is an administrative matter. Mr. Mosher
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suggested that the full Board, and not a committee of two, would be the appropriate
structure should the Board of Directors want to be involved in personnel matters and
discussed decision authority.
Director Schafer expressed favor in postponing discussions regarding this item until the
conclusion of staff interviews to be conducted by Mr. Brent Ives of BHI Management
Consulting as the results may change the direction of Personnel Committee.
Director Perry concurred with Director Schafer and deferred to District Counsel Burns
for his opinion.
Mr. Burns concurred and felt that the Board would be better informed after receiving the
report from Mr. Ives.
General Manager Carroll noted that four members of the Board would be attending a
in Human Resources and felt that would be helpful.
President Ferryman expressed the importance of the Board of Directors role to focus on
policy and not cross over the management line unless there is an extreme circumstance
Director Perry questioned when the report from Mr. Ives would be available.
Mr. Burns indicated that the results should be available by mid-December or the
beginning of the New Year.
President Ferryman continued the item to a future meeting.
A
DJOURNMENT
There being no further business to come before the Board, President Ferryman
adjourned the meeting at 8:53 a.m.
_________________________ _________________________
Art Perry James Ferryman
Secretary President