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BOARD OF DIRECTORS – ACTION SUMMARY
Wednesday, September 18,
2002 –
6:00 p.m.
Administration Building
2101 Hurley Way,
Sacramento, CA
CALL TO ORDER
The meeting was called
to order by President Goold. Board Members Present: Engellenner, Goold,
Horel, Jones, Stewart, Trujillo, Valley, Vanderveen; Fire Chief Martinez
[6:15 p.m.], General Counsel Price,
Board Clerk Tilson. Director Granados, absent.
PLEDGE OF ALLEGIANCE
PUBLIC OPPORTUNITY TO DISCUSS MATTERS OF
PUBLIC INTEREST WITHIN DISTRICT JURISDICTION INCLUDING ITEMS ON OR NOT ON
AGENDA
[considered after
General Counsel’s Report]
Deputy Chief Appel
acknowledged Captain Darren Taylor, the keynote speaker at a Workers’
Compensation Conference luncheon on September 11, 2002, for an “awesome”
presentation, with slides of his activities in New York during the period
after September 11 last year.
CONSENT AGENDA:
1.
Board Meeting Action Summary—September 4, 2002
2.
Deposit Report—August 2002
3.
District Claims—August 2002
·
Board Action:
Engellenner/Horel—Approve Consent Agenda and ratify claims. Vote
in favor. Directors Goold and Jones, abstaining. Director Granados,
absent. Motion carried.
ACTION ITEM(S)
1.
Resolution No. 23-02—Industrial Disability Retirement
Determination—Fire
Captain Charles M. Archer (Appel)
[considered after the
Closed Session]
§
Work related injury resulting in permanent disability
precluding performance of duties as a Fire Captain
§
Application filed with the Public Employees’ Retirement
System
§
Recommend approval—Retirement effective September 29, 2002
·
Board Action:
Vanderveen/Trujillo—adopt resolution. Vote in favor by members
present. Directors Engellenner and Granados, absent. Motion carried.
On behalf of the
District, Fire Chief Martinez expressed gratitude to Captain Archer for
his many years of support and regret on the loss of a fine employee.
Letter of appreciation
from the District sent to Captain Archer.
PRESENTATION ITEM(S)
1.
Sole Fire Service Provider Resolution—(Appel)
§
A February 2002, California Appellate Court decision
restricted the ability of a General Law City to provide services identical
to those of a legally established Special District whose total or partial
boundaries are located within the area annexed to that city.
The
cited Court case precedent specifically addressed the fact that the
special district in question formerly passed a resolution declaring that
it would be the sole provider.
§
Recent applications filed with Sacramento LAFCo to amend
local cities’ Spheres of Influence have caused concern for the District.
The District currently shares contiguous borders with the cities of Elk
Grove, Folsom, Roseville and Sacramento. Additionally, the City of Citrus
Heights is totally located within the boundaries of the District as is the
proposed new City of Rancho Cordova. The cities of Citrus Heights and Elk
Grove are presently General Law cities, as is the proposal for the City of
Rancho Cordova; while Folsom, Roseville and Sacramento are Charter Cities.
§
Recommend adoption of a resolution declaring the District’s
intent to be the sole fire service provider within its boundaries.
·
Board Action:
General consensus in
support of placing the Resolution on the next agenda as an Action Item to
include in the recommendation both fire service and the addition of life
safety.
2. Follow-Up Workers’ Compensation Claims
Audit—(Appel)
§
As directed by the Board after an unsatisfactory 2001 audit,
Susan M. Wright & Associates performed a follow-up Workers’ Compensation
Claims Audit dated August 2002, of Willis/Alternative Service Concepts (ASC)
– the District’s Third Party Administrator, demonstrating significant
improvements in their operations since February 2002, with four remaining
areas for improvement. Staff to continue monitoring process.
§
Willis/ASC paid all costs associated with the 2002 follow-up
audit by Susan M. Wright & Associates.
§
Request for Bids (RFB) for Third Party Administrator to be
let in January.
§
Suggest Board be provided another progress report within six
months.
§
Staff recommends the Board accept and file the 2002
follow-up audit.
·
Board Action:
General consensus that a
follow-up report be submitted to the Finance Committee on the four
remaining deficiencies at the expense of Willis/ASC prior to going out to
bid on a new contract.
3. Purchase of Liability Insurance
Coverage—(Appel)
§
Proposals solicited annually by the District broker,
Alburger Basso DeGrosz (ABD); three received:
ESIP
$430,801
Kemper (RSD)
$415,009
VFIS
$399,383
§
Staff is recommending the Board authorize the Fire Chief to
contract the District’s liability insurance coverage for 2002/2003 through
VFIS for $399,383.
·
Board Action:
Horel/Valley—Approve
staff recommendation and award the bid to VFIS. Unanimous vote in favor
by members present.
4.
Ordinance Establishing Compensation of Board Members—(Price)
§
Section 13857 of the Health and Safety Code permits the
Board, by an ordinance adopted in conformance with specific provisions of
the Water Code, to increase its compensation of $100 per meeting, not to
exceed four in a calendar month, by not more than 5% each calendar year.
Effective April 6, 2002, the compensation was increased to $105 per
meeting.
§
Staff
requested direction on a flat $5.00 or the full 5% at $5.25 in order to
prepare the necessary ordinance for hearing on October 2, 2002; if
adopted, it will be effective January 1, 2003.
·
Board Action:
General consensus, with the exception of Director Trujillo, in favor of
the proposed 5% increase in Board compensation to $110.25 per meeting to
be included in the ordinance for public hearing at the next Board
meeting.
5.
Governance Model Issues Paper—(Goold)
§
A three-page report was submitted by the Executive Committee
to the Board of Directors relative to what type of governance model is
best suited for the Sacramento Metropolitan Fire District (SMFD).
§
The report contained alternatives to address the issue:
1. Do
nothing—The District would continue to utilize the existing governance
model established by former, much smaller, fire districts. This
alternative is not progressive and simply continues business as usual.
The likely outcome of this alternative will be increased frustration of
the Board and the Fire Chief, degradation to negative conflict, and
inefficient utilization of staff resources in an attempt to address the
future challenges of the District.
2.
Redirect existing district staff resources to evaluate alternative
governance model elements and to develop recommendations for the Board—No
existing district staff expertise is available to redirect to this effort;
and should staff be available the air of self-interest may hamper any
findings. The subject area is highly specialized and potentially out of
the realm of existing staff resource expertise.
3. Retain
outside expertise through contract to evaluate alternative governance
model elements and to develop recommendations for the Board—This option
will allow the Board to assess best practices of other like agencies and
select a governance model that will best serve the SMFD for the future.
Recommendation:
Implement Alternative No. 3. Authorize the Fire Chief to retain an
outside consultant to:
1.
Review and evaluate the existing SMFD governance model elements.
2.
Review other local governmental agency governance models for the
purpose of defining best practices.
3.
Develop alternatives and recommendations for the Board of Directors
consideration to improve and define its governance model for the SMFD.
4.
Provide recommendations for an incremental and stair-step approach
for Board and senior staff training and education to achieve Item 3.
Cost of Recommendation:
Executive Committee
recommendation of a cap of $15,000 be placed on the delivery of Items 1
through 4.
Cost estimates for implementation of consultant recommendations will be
developed at a later date and subject to Board review and approval.
Discussion:
§
Recommend
internal review of the business practice process between the Board,
committees, Fire Chief, and senior staff, in light of the District
growth.
§
Not
designed to change the voting capabilities of any Board members or the
power structure of the Board
§
Fire Chief
Martinez to distribute to the Board copies of the Fire Chief job
descriptions from
American
River,
Sacramento County, and Metro Fire, with the candidate search document as
related information.
These documents have
determined past operating procedures in dealing with policy issues and
Board interaction. Appropriate to bring in an outside consultant to
define responsibilities/points of authority and codify the working
relationships in writing—also serves as a basis for recrafting the Fire
Chief job description.
§
The
District is still a special district even though its budget has grown from
$15 million to $100 million; the governance scope is exactly the same.
Recommend, as the first
course of action, that a Board workshop be conducted, dedicated to looking
at our governance procedure and information obtained from other like
governmental entities. Modification of our Board operating procedures to
incorporate any enhancements can be accomplished collectively, without the
expense of hiring an expert.
§
Captain
Brian Rice, President of Local 522—encouraged the Board to take a hard
look at hiring an outside consultant.
·
Board Action:
Agendize for action at
the next meeting.
PRESIDENT’S REPORT—(Goold)
§
Thanked Director Horel for chairing the last meeting.
§
Congratulated Board members on passage of the budget and the
staff for maintaining our fiduciary position.
§
Attended the American Red Cross Heroes Breakfast September
11 with other colleagues. Metro Fire was well represented.
§
Thanked the Community Services group and Fire Chief Martinez
for representing Metro Fire in community events throughout the day on
September 11.
FIRE CHIEF’S
REPORT—(Martinez)
§
On September 11, participated in nearly 40 events. A number
of our fire companies and staff participated in events throughout the
community and received heartwarming recognition.
§
September 16 and 17—Attended a law enforcement terrorism
conference in Southern California to make a presentation. We continue to
be recognized outside of our discipline as a progressive and cooperative
organization.
§
Ford Motor Company donated three new golf carts to the
District; one is being modified for community EMS events.
§
October 4 preliminary event—Guns, Hoses and Harnesses 3rd
Annual Race at Cal-Expo with local fire versus law personnel as a prelude
to the January event. Invited everyone to attend. The funds raised will
go to local charities.
§
Attended a meeting hosted by CDF at their McClellan Air
Operations Center, with an exchange of our proposed Air Operations
Program; strong support extended by CDF. Mutual assistance welcomed.
§
District helicopter anticipated for arrival this weekend and
in service around October 7.
§
Significant fire burning tonight in Placer County. Eight
District companies currently assisting. Staffing is being adjusted in
preparation of any potential problems. Also assisted in El Dorado County
two weeks ago.
§
Met this week with the Governor’s advisor on Homeland
Security. Federal funding should trickle down within the next 90 days. A
Technical Committee by County is proposed consisting of two fire chiefs,
two law enforcement people, and the County Health Officer to advise on
eligible activities for expenditure of funds; probable District
representation.
Monitoring all opportunities for limited or one-time funding for eligible
activities.
GENERAL COUNSEL’S
REPORT—(Price)
Item 3 of Closed Session
relating to Greg Jones to be deleted.
RECESS
7:25 PM; CONVENE TO
CLOSED SESSION 7:35 PM
RECONVENE TO OPEN SESSION 8:30 PM/CLOSED SESSION REPORT
Report by General
Counsel Price:
1. CONFERENCE WITH LEGAL
COUNSEL—EXISTING LITIGATION
Pursuant to California
Government Code Section 54956.9(a)—One (1) Case
Charles
M. Archer vs. Sacramento Metropolitan Fire District
Claim
No. 6221020018
The
Board was briefed by staff.
Resolution to retire Fire Captain Charles M. Archer on an industrial
disability for consideration under Action Item No. 1
[see Page 1].
2. CONFERENCE WITH LEGAL
COUNSEL—EXISTING LITIGATION
Pursuant to California
Government Code Section 54956.9(a)—One (1) Case
Richard
Glover vs. American River Fire Protection District
WCAB SAC278639
District Workers’ Compensation Counsel, Doug Weill, updated the Board on
status of this case. Board provided settlement authority to Counsel Weill.
If and when a settlement is effectuated, the information will be made
public. No further action taken.
3. CONFERENCE WITH LEGAL
COUNSEL—EXISTING LITIGATION
Pursuant to California
Government Code Section 54956.9(a)—One (1) Case
Greg A.
Jones vs. Sacramento Metropolitan Fire District
WCAB SAC0309975
Deleted.
4. CONFERENCE WITH LEGAL
COUNSEL—ANTICIPATED LITIGATION
Significant exposure to
litigation pursuant to California Government Code
Section 54956.9(b)—One
(1) Case
Michael
O’Connell—Application for Leave to Present Late Claim
·
Board Action:
Horel/Engellenner—Unanimous vote of members present to deny the
Application for Leave to Present Late Claim. Director Granados, absent.
Motion carried.
5. LABOR NEGOTIATIONS
Pursuant to California
Government Code Section 54957.6
District
Negotiator: Fire Chief Rick Martinez
Employee Organization:
Sacramento Area Fire Fighters Local 522
Staff updated Board on
status of the proposal made by Local 522 regarding a new Employer-Employee
Relations Resolution (EERR)—no action taken.
Departure of Director
Engellenner at 8:00 p.m.
COMMITTEE AND
DELEGATE REPORTS:
Executive
Committee—(Goold)
§
TBD
Communications
Center Delegate—(Vanderveen)
§
Next Meeting—September 24, 2002 -- 10:30 a.m.
Regional Fire &
Rescue Training JPA—(Stewart)
§
Next Meeting—September 19, 2002 – 10 a.m.
Location: 2101 Hurley Way, Sacramento
Finance
Committee—(Horel)
§
Presentation received.
§
Next meeting: October 16, 2002—5:00 p.m.
Policy
Committee—(Granados)
§
Next meeting: October 2, 2002 – 5 p.m.
INFORMATIONAL ITEM (S):
Correspondence
1.
Maher-Tribute to Heroes Video-Appreciation/Community Services
2.
Carmichael Fourth of July Fireworks Fund Committee Thank You/
Sacramento
Metropolitan Fire District Board of Directors;
Castill;
Hambrick
3. San Juan
Soccer Club Thank You/Martinez; EMS Personnel
Newspaper(s)
1.
Sacramento Bee,
Sac Metro Renovating Used Copters to
Fight Fires,
September 5, 2002
2.
Sacramento Bee “Neighbors”,
New Fire Stations,
Equipment on Tap in
Budget,
September 12, 2002
·
Board Action:
Received and filed.
BOARD MEMBER QUESTIONS AND COMMENTS
Jones:
§
Will be calling individuals who showed an interest in the U.
S. National Handcar Races.
Horel:
§
Announced his resignation as Director; tonight being his
last Board night. Expressed his enjoyment working as an elected official
for the District and gratitude to all his colleagues and supporters who
will truly be missed.
Board Members and Fire Chief Martinez:
§
Unanimous declaration of regret on the resignation of
Director Horel. Commended his extreme sense of leadership and direction
during his tenure on the Board.
Captain Brian Rice, President of Local 522:
§
Thanked Director Horel for his support; highly respected as
a champion of labor.
ADJOURNMENT: The meeting was adjourned at 8:45 p.m.
Grant B. Goold,
President Charles A. Horel, Secretary
Charlotte Tilson, Clerk
of the Board
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