2021 CEO ORIENTATION PRESENTATION CDFA
Transcript of 2021 CEO ORIENTATION PRESENTATION CDFA
2021 CEO ORIENTATION Agenda ~ Thursday, April 15~
ROLES & RESPONSIBILITIES
10:00 a.m. – 10:15 a.m. Overview of F&E
• Welcome and Staff Introductions • Overview of F&E
10:15 a.m. – 10:30 a.m. Financials
• Funding • Financial Reporting
10:30 a.m. – 10:45 a.m. Additional/Supplemental Fairground Funding
• SB 5 Selection Process and Next Steps • Control Section • OES Public Safety Power Shutoff Grant
10:45 a.m. – 11:00 a.m. Emergency Response
• Prior to an Incident • During an Incident • Post Incident
11:00 a.m. – 12:00 p.m. Roles & Responsibilities
• Clarity of Roles • Fiduciary Responsibility • Administrative Role
12:00 p.m. – 1:00 p.m. Lunch
1:00 p.m. – 1:45 p.m. Human Resources
• HR Overview and Hot Topics 1:45 p.m. – 3:00 p.m. CDFA Legal
• Bagley-Keene Overview • Conducting a meeting via Zoom • Common Questions • Committees • Nonprofits • RFP/Contracts • Subpoenas and Public Record Act
Requests • Use of Personal emails and Phones for
board business • Records Retention
3:00 p.m. Open Forum Q & A
Modified 4.13.2021
2021 CEO ORIENTATION
FAIRS AND EXPOSITIONS BRANCH
T E T C' F
Welcome to F&E Branch
Presenter: Mike Francesconi
CDFA Mission Statement ▪ To serve the citizens of California by promoting, protecting a safe
healthy food supply, and enhancing local and global agriculture trade, through efficient management, innovation, and sound science, with a commitment to environmental stewardship.
CDFA Divisions CDFA Divisions Animal Health & Food Safety Services
Inspection Services
Cal Cannabis Cultivation Licensing
Measurement Standards
Plant Health & Pest Prevention Services
Citrus Pest & Disease Prevention
Marketing Services
Fairs & Expositions Branch
Fairs and Exposit1ions Branch Staff & Other positions
Fairs and Expositions Branch Staff & Other positions
▪ Vacant – Branch Chief ▪ Sue Fick – Legislative Analyst
▪ Mike Francesconi - Supervisor
▪ Joji Kume – Financial Analyst
▪ Greg Ferrero – Deferred Maint
▪ Sofia Goss – Deferred Maint
▪ Ken Anater - Training and Emergency Coordinator
▪ Sarah Pelle - Resource Coordinator
▪ Kalia Mitchell - Resource Coordinator
▪ Vacant – State Rules
▪ Christine Vana – Legal
▪ Various - 1 Compliance Auditor
▪ Various – 2 HR positions
▪ Kathy Diaz - Director,Marketing Services Division (MSD)
F&E Branch ▪ Mission ▪ Provide fiscal and policy oversight to the Network of California
Fairs and ensure compliance with laws and regulation, and the best use of available funding and other services.
▪ Vision ▪ To enrich the lives of California citizens by enriching the Network
of California Fairs to exist as viable recreational and cultural facilities of general public interest.
Network of California Fairgrounds Network of California Fairgrounds The network of California fairs includes 79 fair organizations divided into four categories:
▪ 54 District Agricultural Association's (DAA) ▪ 2 DAA’s were deactivated during fiscal year
1997/98, leaving 52 active DAA’s ▪ 22 county fairgrounds – County government or
not-for-profit organizations ▪ 2 citrus fruit fairgrounds – not-for-profit
organizations ▪ The California Exposition and State Fair (Cal
Expo)
Roles & Responsibilities of CDFA -F&E
Roles & Responsibilities of CDFA -F&E
▪ Funding ▪ General Allocation (Class I – IV+) ▪ New Fair Funds (All Fairs)
▪ Provides limited fiscal & policy oversight ▪ Statement of Operations Financial Audits/Financial Reviews
▪ Provides Enhanced Assistant ▪ Fairs on the Watch ▪ Provisional Fair Program ▪ Fairground consultation
Roles & Responsibilities of CDFA - F&E Roles & Responsibilities of CDFA - F&E ▪ Assists with Community Relevance Information ▪ Economic Impact Reports ▪ Board Meetings
▪ Oversees the State Rules ▪ Rule interpretation
▪ Provide Training Programs ▪ CEO and Board Training ▪ Bagley Keene Training
Roles & Responsibilities of CDFA -F&E
Roles & Responsibilities of CDFA -F&E
▪ CDFA Legal Office ▪ The DAA’s Attorney
▪ CDFA Human Resources Branch ▪ The DAA’s HR
▪ CDFA Equal Employment Opportunity Office (EEO) ▪ DAA’s
Fairground's Roles & Responsibilities
Fairground’sRoles & Responsibilities
Business and Professions Code 19622 Hold an annual Fair that includes agriculture and other
community-relevant exhibits and competitions Complete & Submit an Annual STOP Report
Fairground's Roles & Responsibilities
Fairground’sRoles & Responsibilities
Serve as community gathering place Serve as an Emergency evacuation site Serve as Command Centers for emergency response teams Provide building rental for functions to serve the community Ensure continuity of fair operations & services to the local
community.
California Fair Network Business Partners
▪ California Fair Service Authority (CFSA)
▪ California Construction Authority (CCA)
▪ California Authority of Racing Fairs (CARF)
▪ California Horse Racing Board (CHRB)
▪ Western Fairs Associations (WFA)
▪ California Fairs Alliance (CFA)
QUESTIONS? MIKE FRANCESCONI
916-900-5365 (direct)
916-591-8791 (cell)
FINANCIALS Presenter: JOJI KUME
Topics ▪ Funding ▪ Governor’s Proposed Budget FY2021-2022 ▪ $40.3M General Fund Support ▪ New Fair Funds / AB1499 Allocations ▪ General Fund Fiscal Year Allocations
▪ Financial Reporting ▪ Statement of Operations (STOP) ▪ Financial Audits/Reviews and Compliance Audits ▪ Budget ▪ Miscellaneous Information Request
Funding
Governor’s Proposed BudgetFY2021-2022
▪ $50M General Fund ▪ Support for Operational Costs ▪ Up to $3M to conduct Facility Assessment ▪ Currently Proposed for State-Affiliated Fairs (DAA and Cal Expo)
▪ $10M Deferred Maintenance ▪ Priority with Fairgrounds on Emergency Operations ▪ Network of California Fairs
▪ Can change in May Revision
$40.3M General Fund Support ▪ Phase I – Layoff Support (~$21.0M) ▪ For State-Affiliated Fairs (DAA and Cal Expo)
▪ Phase II – Remaining Funds (~$19.3M) ▪ For DAAs with Fairgrounds ▪ DAA Fairgrounds Allocation (~$9.6M) ▪ Targeted Support (~$9.7M) ▪ Application Due Date: 4/16/2021
New Fair Funds / AB1499 Allocations ▪ For Network of California Fairs ▪ Fiscal Year 2019-2020 ▪ ~$18.6M appropriated in Budget ▪ $13.3M Allocated
▪ Fiscal Year 2020-2021 ▪ ~$8.0M appropriated in Budget ▪ $9.3M Allocated ▪ FY2019-2020 ($3.6M) & FY2020-2021 ($5.7M)
▪ ~$2.3M Pending
New Fair Funds / AB1499 Allocations Fair Class Distributed FY19/20 Distributed FY20/21
I $198,700 $33,210 I-X $194,500 $22,140 II $190,400 $44,280 III $182,100 $55,340
III+ $173,850 $66,410 IV $165,600 $77,480
IV+ $157,350 $88,550 V $149,000 $132,830 VI $140,750 $199,240 VII $132,500 $830,170
New Fair Funds / AB1499 Allocations -How to Qualify?
▪ Be a part of Network of California Fairs ▪ Be a Qualified Fair ▪ Working Condition Policies ▪ Contracting Policies
▪ Requirements may change as Regulation becomes finalized
▪ Dependent on Funding
General Fund Fiscal Year Allocation ▪ For Fair Class Sizes I – IV+
▪ $2.6M Operational Support (FY20/21)
▪ $125K Training Reimbursement
Fair Class Operational Allocation Training Reimbursement I $50,920 $2,440
I-X $42,010 - $50,440 $2,020 - $2,410 II $45,830 $2,200 III $42,010 $2,020
III+ $38,190 $1,830 IV $35,650 $1,710
IV+ $30,560 $1,470
General Fund Fiscal Year Allocation – How to Qualify? ▪ For Fair Class Sizes I – IV+
▪ $2.6M Operational Support (FY20/21) ▪ 2019 Statement of Operations (STOP) ▪ 2021 Budget ▪ Board Minutes Approving 2021 Budget ▪ EITHER Board Minutes approving FY Allocation grant agreement
OR Board Minutes approving a request for FY Allocation ▪ 2019 Financial Audit/Review ▪ Following policies, directives, guidelines, etc.
▪ $125K Training Reimbursement
▪ Due Date: 6/1/2021
Financial Reporting
Statement of Operations (STOP) ▪ Annual Filing Requirement ▪ Generally Accepted Accounting Principles / Accrual Accounting ▪ Overview of Financial Activity ▪ Balance Sheet ▪ Income Statement ▪ Additional Information ▪ Due Date: May 3, 2021
▪ STOP Publication ▪ Comprehensive Annual Financial Report (CAFR)
Audit Requirements ▪ Financial Audit / Financial Review ▪ Fairs with Annual Revenues Exceeding $5,000,000:
▪ Annual Financial Audit ▪ Fairs with Annual Revenues less than $5,000,000:
▪ Financial Review required for First and Second Year ▪ Financial Audit required for Third Year
Audit Requirements ▪ Financial Audit / Financial Review Schedule
2017 2018 2019 2020 2021 Scenario 1 Audit Review Review Audit Review Scenario 2 Review Audit Review Review Audit Scenario 3 Review Review Audit Review Review
▪ Periodic Compliance Audit
Budget ▪ Financial Management ▪ Goals & Objective ▪ Creating New Positions
▪ Measure and Evaluate Financial Performance ▪ Facilitate Communication ▪ Consider Reviewing/Developing with Finance Committee
▪ Requirement for State Resource(s) ▪ FY Allocation (Class Sizes I – IV+)
Miscellaneous Information Request ▪ For DAAs: ▪ Accounts Outside of the State Treasury System ▪ Other Post-Employment Benefits (OPEB) Contribution
Information ▪ Financial Information ▪ Fairs on the Watch Program
QUESTIONS? JOJI KUME
916-900-5367 (direct)
DEFERRED MAINTENANCE Presenters: GREG FERRERO & SOFIA GOSS
DEFERRED MAINTENANCE FUNDING SOURCES ▪ Proposition 68 / Senate Bill 5 (SB 5) ▪ Control Section 6.10 ▪ CalOES Public Safety Power Shutoff (PSPS)
Resiliency Allocation ▪ Future Funding
Proposition 68/SB 5 ▪ California voters passed the California Drought, Water, Parks,
Climate, Coastal Protection, and Outdoor Access for All Act of 2018. The Proposition 68/Senate Bill 5 Bond Measure authorized the California Legislature to appropriate $18 million to the CDFA Fairs and Expositions Branch for facility improvements for the Network of California Fairs.
Proposition 68 / SB 5 Cycle 1 Cycle 2 Cycle 3
Funding Available
$3,209,000 $6,687,000 $5,994,000
# of Projects Awarded
7 7 TBD
Begin Date April 2020 April 2021 TBD End Date March 2022 March 2023 March 2024
SB 5 Project Selection ▪ Facility Condition Assessment ▪ Fairs submitted up to 5 projects
▪ Round 1 Scoring ▪ Emergency Preparedness ▪ Conservation Measure
▪ Deep Dives ▪ More accurate scope of work, timeline, and budget
▪ Awarding
Control Section 6.10 ▪ $3M ▪ Projects selected in 2019 ▪ Delay in transfer of funds from Department of
Finance ▪ Must be awarded by June 2021, completed by
March 2023
CalOES Public Safety Power Shutoff Resiliency Allocation (PSPS) ▪ $5M allotted to CDFA from CalOES in March 2020, F&E is
designated to oversee the rollout of PSPS mitigation efforts
▪ Funds to be used to equip select fairground buildings with PSPS mitigation suitable in the event of community emergencies or disasters
▪ Mitigation projects primarily feature the installation of automatic transfer switches and docking stations for generator hookup
CalOES Public Safety Power Shutoff Resiliency Allocation (PSPS) (contd.) ▪ Pilot Program”
▪ Five fairs were selected to participate ▪ CCA conducted facility assessments and have begun
construction ▪ Funds awarded will be used to equip fairs with necessary
backup power resources or PSPS-related equipment ▪ Up to an additional 45 fairs will receive funding for similar
fairground projects
▪ Must be completed by October 2022
Future Funding
▪ $10M - Governor’s Budget for 2021 ▪ Revised in May 2021 ▪ Same criteria and process used to award SB 5 funds
QUESTIONS? GREG FERRERO
(916) 900-5027 (direct)
SOFIA GOSS (916) 900-5135 (direct)
FAIRGROUND EMERGENCY RESPONSE Presenter: KEN ANATER
Fairground Emergency Response
Fairground Emergency Response
Fairground Emergency ResponseOverview
Standardized Emergency Management System (SEMS) SEMS is the cornerstone of California’s emergency response
system and unifies all elements of California’s emergency management community into a single integrated system. SEMS incorporates:
Incident Command System (ICS) - A field-level emergency response system based on management by objectives Multi/ Inter-agency coordination - Affected agencies working together to coordinate allocations of resource Mutual Aid - A system for obtaining additional emergency resources from non-affected jurisdictions Operational Area Concept - County and its sub-divisions to coordinate damage information, resource requests and emergency response
Fairground Emergency ResponseOverview
Impacts of the COVID – 19 Pandemic on Fairground Sheltering Operation
Temporary Evacuation Points (TEPs) vs Evacuation Centers
Non-congregate vs congregate sheltering Social distancing and mask requirements Evacuation center layout and designs Food preparation and meal services Community donations to animal shelters and
evacuation centers
Fairground Emergency ResponseOverview
Be Prepared to Assist Your Community When Activated as a Shelter or Base Camp
Establish a relationship with your local OES Office Have DUNS numbers, MOUs, agreements, and
contracts in place prior to an emergency activation Post evacuation procedures and documents on
fair’s website Establish donation management and media plans Prepare an emergency binder with key contacts
and facility information Create site maps of fairground layout for every
conceivable response situation
OfFICEONLY
ANIMAL INTAKE INFORMATION SHEET LAST ___ FIRST ___ _ DATE CHECKED IN __ BamlSlal __ _
Owner Information VET INTAKE INSPECTION __ _
Last Name ____________ First Name _________ _
Street Address ______________________ _
City _______ ___ _______ _ Zip ______ _
Home Phone __________ Cell ___________ _
Emall Address ______________________ _
lf animal found , location? _ ___________________ _
Finders Name ____________ Finders Phone# ______ _
Hauler lnfonnation (if other than owner) Name. _____________ Phone # _____ _
In Case of Emergency
Name _____________ Phone# __________ _
Veterinarian Information VetName ______________ Phone# ________ _
Note: Please complete noxt page for individual animal information
Animal Care Responsibility
Will you be staying on side 10 care for your animal? Yes/No
\!\'ill you be staying off-site but coming morning and evening lo feed and care for yoLir animal? Yes/ No
Are you unable to ~re for your animal and need the assistance of volunteers? Yes / No
Once the disaster is over wi I you need foster care? Yes/No
PLEASE FILL OUT THIS INFORMATION AND TURN IT INTO FAIRGROUNDS PERSONNEL ONCE YOUR AN IMAL(S) HAVE BEEN UNLOADED INTO THEIR ASSIGNED STALLS. BEFORE YOUR ANIMALS LEAVE THE GROUNDS, PLEASE SEE FAIRGROUNDS PERSONNEL WHERE YOU WILL RECEIVE THE REQUIRED PAPERWORK TO SHOW TO THE PERSONNEL FOR CHECKOUT. THEY REQUIRE THIS INFORMATION TO ENSURE THAT ALL ANIMALS STABLED HERE LEAVE WITH THEIR RIGHTFUL OWNER.
IT IS THE OWNER'S RESPO SIBILITY TO CARE FOR OR MAKE ARRANGEMENTS FOR THE CARE OF THEIR ANIMALS.
PLEASE DO NOT MOVE YOUR ANIMAL FROM YOUR ASSIGNED STALL UNLESS AUTHORIZED BY FAIRGROUNDS PERSONNEL.
OFFICE ONL. Y: ANIMAL RELEASE INFORMATION DATE ____ _ TIME ____ _ 'Nho is removing owner/hauler ______ _
lf h8uler name& phone ________ _
Vet sign.off
1350 Bennett Valley Road, Santa Rosa , CA I (707) 545-4200
Shelter Dormitory Registration Incident/ORI Shelter Name/1..ooatlou~
Observ&tlonii:
,_ =!~m=~~::1o!.t~z:n,appeartoo 2. = =::t:'J;ein ~:~•a11:: wheelchair/walker, or dMnonmate any otw circuwu.nce where it
Quttrtioue:
l . ~e:~b}:,a;~th~~t:ti:~ oowtnm;rb.fl<hywhfle lntherihelta7 Hnot, ill
2 . ~~y DWDber have, health, mental hadth, disability, or otbttcondition ahoutwbic:b. )'Ou are
Flinrily Name (last Name): IF'unilymanben,"5"'...,.,.,..:
~~: G-3)'1'11: 3..,-yrt: 8-uym: 19-18yn: J9-6,Syrl: 65+yre;
- . (lfdlln,mi~,
Prima,y ,.,,_
Prima,yl.qw\goc IfNot~ Pmnily Member Present Who 8peab English:
Method of Trarupmtatlon: !fPenonalVeli.icJe.lic.PJm•/Smu(forsecmityPIJ1PO$eaonly):
Gender Antm Rm:./ Volunteer? Departure Na.me(Lut.Pim) Age (M/F) Date Cot (.y/o) Dl.te Depart:urfJNotN:
_Yfll ~o Sorru!oM io tbehouaeb.old ii required bylaw to register with a nateorlocal gc,Yl!.l'UIDeuta.gimcy. _Yes__No Someone in tbehoueboldis a Vffl!n.Jl or active.military.
_Yes ~o I ar;ree to have n:y information ■bared with other agencies providing dalte:rniid &ervices.
Signature.-_____________ Date: ________ _
ShelterWotkerName/Signatun:: ________________ _
l>a iT Ii.ES Shttt.r Donntlory Reabnllon Form V-1.02016.07.lJI
ANIMAL CARE CH ECK LIST Owner Name ______ _ Barn Stall __
Phone#'s ________ _ Va _______ _
PLEASE SELECT: □ OK to feed and handle my animal
□ Feed my animal but DO NOT handle
□ I will feed and handle my animal
DATE CARE AM NOON PM Feed
V\later
Exercise
Feed
\Nater
Exercise
Feed
\Nater
Exercise
Feed
\Nater
Exercise
Feed
I \Nater
Exercise
Warnings: ____________________ _
COMPLETE THIS FORM DAILY It is important that you complete this form daily as it is the onlyw,J,.J we know that animal is being cared for
TAPE lHIS FORM TO STALL DOOR. EXTRA FORMS AT FEED STORE
~ Del Mar Fairgrounds 2260 Jimmy Durante Blvd. Del Mar, Cali fornia 92014
Fairground Emergency ResponsePrior to an Incident
Fairground Emergency ResponseOverview
Maintain Organizational and Operational Control of Your Fairgrounds When Activated
Work with your OES contact to define your role in the event and obtain contact info for the lead staff deployed to your fairgrounds
Get agreements and contracts executed as soon as possible after an emergency activation
Execute donation management and media plans Assign staff to track expenses, register evacuees and
animals, serve as spokesperson and secure points of entry Attend daily coordination meeting with the response
organizations utilizing your fairgrounds, especially during organizational transitions for feeding responsibilities and shelter management
Fairground Emergency ResponseOverview
Post-Event Actions to Expedite the Return Your Fair Back to Normal Operations
Provide clear and unified messaging of fairground shelter status and alternative shelter locations (if applicable)
Ensure that lead sheltering organization(s) communicates to and relocates all remaining evacuees
Work with local property owners and stable operators to relocate any remaining sheltered animals
Complete documentation of expenses and submit reimbursement requests within required deadlines
Attend any after-action reporting/coordination meetings with those response organizations that utilized your fairgrounds to voice any concerns or to offer best practices for future activations
Fairground Emergency ResponseResources
1. Local County OES / Other County Resources - Staffing, equipment, reimbursements, CARES access
2. Network of California Fairgrounds - Experienced CEOs, websites, forms, staff
3. Bay Area Urban Areas Security Initiative Care & Shelter Planning Toolkit http://www.bayareauasi.org/careshelter – Plans, agreement samples, shelter kits
4. Information Technology Disaster Resource Center (ITDRC) www.itdrc.org - Wireless Connectivity, Voice/Data Infrastructure, CCTV / AV
5. CDFA Fairs & Expositions - Temporary animal pens; Inter-agency, CDFA, NGO, and
SOC communications
CLARITY OF ROLES & RESPONSIBILITIES Presenter: SARAH PELLE
Board of Directors Board of Directors
Em1ployees
Who is Responsible: CEO vs Board CECEO O
Establish Provide
Recommend Administer
Implement Manage
Develop Negotiate
Carry Out
Propose
Employees
Approve
Authorize
Monitor
Establish
Oversight
CEO / Board Roles and Responsibilities AREA OF CEO BOARD OF DIRECTORS
RESPONSIBILITY
Day to Day Operations Makes all deci sions regarding daily No Role operations
Board Meeting Information Create and Post Board Meeting Provides input & direction to the Agenda Notices, Meeting Agendas CEO for items to be listed on the and Meeting Minutes Meeting Agenda.
Short-term vrs. Long-term Establishes and carries out short term Monitors performance of CEO in goal goals. Recommends long-term goals accomplishing short-term goals,
Approves long-term goals Budget Develops and recommends annual Approves Annual Budget
budget Fees and charges Develops and recommends fee Approves fee schedule
schedule Policies Recommends and administers Approves recommended policies
Staffing Makes ALL hiring decisions, Authorized to hire and evaluate only assignments, grievances, evaluations the CEO, Approves line item for salary levels, time base, etc. salaries in annual budget
CEO / Board Roles and Responsibilities AREA OF
RESPONSIBILITY CEO BOARD OF DIRECTORS
Capital Purchases Prepares Requests Approves requests as line item in annual budget
Decisions on building,renovation, leasing,expansion
Recommends, signs contracts with board approval
Makes decisions, assumes financial responsibility
Emergency Repairs Notifies board chairperson and act’s with chair’s concurrence
Works with CEO to respond to emergencies
Major Repairs Obtains estimates and prepares recommendation for board
Approves Recommendation
Minor Repairs Authorizes repairs up to amounts pre-approved by the board
Establishes policy which specifies amounts the CEO may spendwithout prior board approval
Voice of Organization Recommends and implementspolicy
Approves policy
CEO / Board Roles and Responsibilities AREA OF
RESPONSIBILITY CEO BOARD OF DIRECTORS
Cleaning and Maintenance Establishes and monitors schedule No Role
Contracts Negotiates and signs contracts within parameters set by board andstate/county to secure services for purposes in keeping with the fair’splan and budget
Establishes policy which specifies amounts CEO may spend without prior board approval
Supply Purchases Purchases supplies according toboard and state/county policy and maintains audit trail
Establishes purchasing policies and annual budget for supplies
Writing off Bad Debt Up to $500 Anything about $500 Board Must approve
Billing, Credit, and Collections
Recommends and implements policy Approves policy
Appeals of CEO Decisionsfrom community participants, etc.
Places issue(s) on Board Agenda and briefs the board
Listens to appeal and makesdecisions that are within the board’s authority
The Fair Board and the CEO Governance is NOT Management
Effectively advises the CEO
Asks tough questions
Act when necessary
Demonstrates full commitment and engagement
Promote an Inspiring & Positive Culture
Fiduciary Responsibility Presenter: SARAH PELLE
CEO’S FISCAL RESPONSIBILITIES
▪ Comprehend Fiscal Condition
▪ Follow GAAP Accounting Principles/Accrual Accounting
▪ Fiscal Controls
▪ Monthly Board Packet Preparation
▪ Comply with DAA Policies, State Policies, and Regulations
CEO’S FISCAL RESPONSIBILITIES Monthly Financial Reports
▪ Monthly Bank Statements
▪ Balance Sheet
▪ Income Statement
▪ Profit & Loss Statement
▪ Accounts Payable & Accounts Receivable
▪ Trial Balance
QUESTIONS? SARAH PELLE
916-900-5368 (direct)
916-201-3788 (cell)
Nuts and Bolts of Your Administrative Role Presenter: KALIA MITCHELL
Nuts & Bolts 1. Records Management 2. Personnel File 3. Leave Accrual * 4. Hiring 5. Exams* 6. Interviews 7. Job Offer 8. Progressive Discipline * 9. Tools & Resources*
Aspects to Consider
▪ Timesheets
▪ Vacation and Time Off Requests
▪ Overtime
▪ Duty Statements
▪ Employee Policies & Handbook
▪ Organizational Charts
▪ Employee Personnel Files
Personnel File
Personnel Files – What to Include ITEM
▪ Timecards
▪ Time off Requests
▪ Signed policies
▪ Annual Job Performance Evaluations
▪ Current Duty Statement
▪ Copy of Training Certificates
RETENTION PERIOD
▪ Current Year plus Five (5) Years
▪ No Retention Period
▪ Retain Current Year
▪ Current Year plus Five (5) Years
▪ Most Current Only
▪ Indefinitely
Personnel Files – What to Include
ITEM RETENTION PERIOD
▪ Organizational Chart ▪ Current Year
▪ Approved Overtime Requests ▪ No Retention once Timesheet is approved
▪ Leave Balance Tracking Sheet ▪ Indefinitely
Human Resources Timesheets
▪ Who fills out the Timesheet? ▪ CEO & Employee
▪ Frequency? ▪ Per Pay Period
▪ Records Retention? ▪ CEO retains Original,
Employee retains copy ▪ Minimum of Four (4) Years
Leave Balance Tracking
▪ Tracking Time ▪ Accrued and Used
▪ Frequency? ▪ Per Pay Period
▪ Type of Leave? * ▪ Vacation & Sick
or ▪ Annual Leave
Leave Balances
Length of Service Vacatio,n Annu,al Leave
l month to 3 years 7 hours / month 11 hours / month
37 months to 10 years 10 hours / month 14 hours / month
121 months to 15 years 12 hours / month 16 hours / month
181 months to 20 years 13 hours / month 17 hours / month
241 months and over 14 hours / month lB hours / month
Accrual Rates for Rank and File
▪ Employees enrolled in vacation/sick leave accrue 8 hours of sick leave per month.
Human Resources Overtime ▪ Rank & File Employees
▪ Based on Bargaining Contract
▪ Must be pre-approved
▪ 125-day employees ▪ Must be pre-approved
Hiring an Employee
Hiring an Employee
1. Job Posting
2. Job Application
3. Duty Statement
4. Organizational Chart
5. Interview Process
6. Application Screening Criteria
7. Interview Questions
8. Conduct Interviews
9. Background Check & References
10.Job Offer Letter
11.Credit Check (if dealing with finance)
12.Start Date
Hiring a State Employee Process
7. Conducting Interviews 1. Email F&E about position
8. SO-12 Process * 2. Budget Projection
9. Review Personnel File & 3. Job Posting through ECOS References
4. Exam through Jobs.CA.GOV 10.Job Offer
5. Application Screening 11.Background Check
6. Interview Questions 12.Establish Start Date
Hiring a State Employee SO-12 Process
• SO-12 – Request for Personnel • SO-194 – Report of Hiring Action Interview
• Justification Letter • SO-207 – Eligibility Verification
• Current Duty Statement • SO-208 – Alternate Range and Salary Determination • Proposed Duty Statement
• Budget Exemption – SO-280 • Current Organizational Chart • SO-47 – New Hire Checklist • Proposed Organizational Chart
SO-12 Common Errors
• Must be fillable PDF
• F&E will review packet
• F&E will submit to HR
Justification Letter – Key Elements
Brief and to the point with specifics only, i.e.
▪ Action Taken
▪ Reasons
▪ Effective Date
▪ Funding Source
▪ Attachments
Duty Statements – Key Elements
▪ Show percentages of time spent on each task
▪ Essential Functions
▪ Objectives
▪ Conditions
Classification Specification What Classification best meets our DAAs needs?
▪ Describes Scope & Defines Duties
▪ Defines Levels
▪ Knowledge & Abilities
▪ Minimum Qualifications
Hiring Options Types of Hiring Options
▪ Training & Development (T&D)
▪ Hire Above Minimum (HAM)
▪ Temporary Authorization Appointment (TAU)
▪ Out of Class Assignment (OOC)
Examinations
Overview of the Process
ITEM Request/Process Timeframe
▪ Exam Request ▪ Annually by October
▪ 511B – Specifications, Bulletin
▪ File in Person (FIP)
▪ Applications received & reviewed
▪ Interview Question Development
Exam Types
▪ Open / Statewide ▪ Anyone who takes the exam
▪ Open / City ▪ Job only for that city
▪ Promo / City ▪ Only current state employee in
city
▪ Open / Spot / City ▪ Anyone who takes the exam
▪ Promo / Spot / City ▪ Anyone who takes the exam
ConductingInterviews
Interviewing Candidates
▪ Patterned/Structured Interview
▪ Written Exercise ▪ In-Box Exercise
▪ Behavioral Based Interview
Interview Questions Samples
▪ Describe a time…. ▪ Tell us more about…. ▪ What is an example of
when… ▪ When have you… ▪ What were… ▪ What (how, where, why,
when) did you…
▪ “Describe a time when a project you worked on received organizational recognition.”
▪ “Tell us about a time when you made a mistake, what were the consequence, and what you learned fromthe incident.”
Job Offer Process
Conducting Background Checks
▪ Performed after employeeoffered the job
▪ Paid by Fair
Onboarding
• Announcement to Staff • Training
• Tour • Work Expectations
• Organizational Chart
• Duty Statement
• Fairs Policy Manual
• Policies
Include Relevant Resources
I D Welcome Letter
D Copy of Duty Statement
I D Mission, Vi1sion, & Core Values
□ Program Orgianizational Charts
I D Program Descripton
D Program Strategic Plan
I D List of Program Acronyms
D Emergency Procedures (including evacuation and business continuity plan)
I D Disaster Service Worker Expectations (Government Code§ 3100-3109)
□ Standard Operating Procedures and Pol icies (Attendance, Reporting, Office Etiquette, Professional Standards etc.)
I D Instructions for Relevant Systems/Databases
□ List of Mandated Training , Training Policy & Any Other Relevant Training
I D Key Contacts List
D Re evant Programmatic Plans
I D Department & Building Map
D Local Area & Establishments Map
I D Parking/Transportation II nforrnation
D Telephone Procedures/Messaging
I D E-Mail Signature(s) Examples
□ How to Request IT Assistance
I D Hiring Paperwork
D Benefits II nformation
I D Relevant Intranet, Internet, & Team Colllaboration Sites
D Department Style Guide
OnboardingResources
Welcome Package ChecklistCALHR
ProgressiveDiscipline
Process
Preventative
Corrective Action
Adverse Action
SEEKERS STATE HR PROFESSIONALS STATE RETIREES
CalHR's Supervisors Guide to Addressing Poor Performance
Introduction: The purpose of this Guide is t o provide supervisors with the basic tools to address poor performance by employees.
How Should I Use This Guide? Most state employees work hard and do a good job. Occasionally a supervisor is faced with an employee whose
performance is unacceptable. This Guide provides supervisors with a general outline for managing employee
performance from conveying performance expectat ions when an employee is first hired t hrough corrective feedback
and adverse action if an employee's performance does not improve.
State Supervisors / Managers
Performance Management
Merit system principles - an
overview
Behavioral interviewing
Sample job descript ion
Sample job announcement
CalHR's Supervisors Guide to
Addressing Poor Performance
Progressive Discipline Process Supervisors Guidebook
Preventative Phase During Probationary Period
1. Probation Reports ▪ Provide Feedback ▪ Training Opportunities ▪ Document the Feedback
2. Probation Period ▪ Permanent 6-month, 9-month, 12 month ▪ Part-Time 6-month, 9-month, 12 month ▪ Limited Time Serve no probationary period
Corrective Phase After Probationary Period
1. Correcting Performance Problems
▪ Provide Feedback ▪ Work Improvement Plan ▪ Document and identify precise actions
*Contact CDFA HR at this point
Formal Adverse Action Notice of Adverse Action
1. Work with CDFA HR
▪ 24 separate and distinct grounds for taking adverse action ▪ Statute of Limitations is Three (3) Years ▪ Employee is entitled to hearing ▪ Bargaining Units may become involved ▪ Administrative Time Off (ATO) may apply for up to 30-days
Progressive Discipline10 most common mistake
1. Failure to take progressive discipline
2. Failure to provide accurate performance evaluations
3. Grant merit salary adjustments to employee with performance problems
4. Failure to set expectations
5. Failure to provide positive and negative feedback
Progressive Discipline10 most common mistake
6. Failure to keep documentation factual
7. Failure to document timesheet
8. Failure to use Bazemore Language
9. Forcing employees to sign corrective memos
10. Failure to use existing resources
Resources and Tools
Tools & Resources Cal Careers
Jobs
CalHR State Employee Resources
State Supervisor/ Manager Resources
CalPERS Retirement
Tools & Resources
Examinations and Certification Online System
(ECOS) Candidate Applications
Boomerang Hiring Retired Annuitants
CDFA Resources ▪ Equal Employment Opportunity Office (EEO)
▪ Employee Assistance Program (EAP)
▪ CDFA Legal Office ▪ CDFA Human Resources ▪ CDFA Fairs and Expositions Branch (F&E)
Training CDFA Training Videos
HR Legal
CDFA Online University Annual Training Requirements Other Training Classes
Policies CDFA SharePoint Portal (Portal)
CalHR
CDFA Online University (OU)
Transactions
Labor Relations
Human Resources Branch – Units
Plan, Develop, Administer Exams
EExaminations xaminations Appointment
Separation
Retirement
Salary Determination
Benefit Processing
Transactions
CClassification lassification AAnalysis nalysis
Official Personnel Files Hiring
Allocating Positions
Performance Management
Progressive Discipline
Labor Relations Labor Unions
QUESTIONS? KALIA MITCHELL
916-900-5274 (direct)
916-701-3367 (cell)
CDFA Legal Office Legal Counsel for District Agricultural Associations
CDFA Legal Services Public Records Act Requests Processing
Contract Review and Drafting Assistance
Conflict of Interest Analysis for Board members and CEO
Litigation Liaison with the Attorney General’s Office and Insurance Counsel
Liaison with Department of General Services for Lease Approvals
Presentations to Local Government and Boards
EEO Investigations
Eviction Notices and Debt Collection
--
CDFA LegalThe DAA Board’s Legal Counsel
Requesting Legal Services
Submit all requests for legal services to F&E
F&E reviews and, if appropriate, forwards to Legal Office for assignment
Staff Counsel contacts CEO for details/information
CDFA Legal Important Processes
Receipt of Service – Litigation Complaints and Subpoenas Staff served to date/time stamp when received Forward to CDFA Legal immediately: [email protected] Inform your Board President
Receipt of Public Records Act Request Forward to CDFA Legal immediately: [email protected] Notify Legal of any issues related to the request Begin collecting records Records Retention and Email Policies
Questions?
Public Records Act & Subpoenas
Public Records Act (PRA) The public has a right to request copies of or inspect records pertaining to DAA business.
The CDFA Legal Office processes all requests for records received by the DAA. Request does not need to identify the “Public Records Act” Applies to any request for a records and may apply to a request for
information
The Legal Office reviews the records for any confidential information that may be redacted or withheld from release.
Public Records Act & Subpoenas Any DAA business that is conducted on a personal computer, cell
phone or other device is subject to the PRA or subpoena.
If litigation commences based on the PRA or the subpoena, a court order for the records extends to all personal devices.
All Board directors should have a separate email account for DAA business.
CEOs should perform all work on DAA equipment, cell phones and email/cloud services.
The Board should adopt a Records Management and Email Retention Policy (CDFA policies provided)
Contracts and Requests for Proposals Legal Counsel for District Agricultural Associations
DAA Contracting Policies & Procedures Each DAA Board shall develop and adopt written policies and procedures for contracting. (Food & Ag Code 4051)
Any Board delegation to the CEO for contracting must be specific Type of contract, dollar amount, and duration
Types of Contracts: Rental Agreements & Leases Service Contracts (Non-IT) Contracts for Purchasing Goods Contracts for IT-Services Emergency Contracts Contracts with Nonprofits
Rental Agreements and Leases Rental Agreement (F&E Template) Short-term use Fairtime Booth Rentals Interim Events
RV Park Occupancy Agreement (F&E Template) Less than 30 days (otherwise litigation required for eviction)
Leases For long-term exclusive use, normally one-year or longer Commercial v. Residential Must be at fair market value
Rental Agreements and Leases Operations Agreement Within the DAA’s purpose of operating recreational and
cultural facilities of general public interest Example: Racetrack promoter and operator Tenant Improvements Example: Stadium lighting, maintaining the pit and track Contract awarded through competitive bidding Best revenue for the DAA All terms must be in the Request for Proposal (RFP) Legal Review Recommended
Rental Agreements and Leases Ground Leases Cell Towers Parking Lots (Ex. Amazon, UPS, Tesla) Development (Ex. Strip mall, multi-use event center, stadium) Contract awarded through competitive bidding Best revenue for the DAA Request for Proposal includes all Contract Terms Department of General Services (DGS) Approval Required Legal Office assists from RFP to contract award
Contracts for Services & Goods
Service Contracts (Non-IT) – Must go out to bid Exempt: Contracts under $10,000 Public entertainment for fair
Contracts for Purchase of Goods and IT Services Exempt from the Public Contracting Code bidding requirements Subject to Board Contracting Policies and Procedures
State Contracting Manual
Bidding Non-IT contracts – Chapter 5 https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/State-Contracting
Emergency Contracts
Emergency Contracts
Requires DGS review and approval
F&E Template for Emergency License Agreement
Contracts with Nonprofits
DAA Nonprofit/Foundation is a separate and distinct legal entity No commingling of assets/funds, records, contracts or employees Memorandum of Understanding that explains roles of each entity No overlapping members on the DAA and nonprofit boards No gifts of public funds (Example: Free rent for office space) A contract for each fundraising campaign
It is strongly recommended that the DAA have a written contract(s) with the nonprofit that covers all fundraising campaigns, activities and/or events.
Bagley-Keene Open Meeting Act CDFA Legal Office
Duties under the Bagley-Keene Act
Covers all state boards and commissions
Includes District Agricultural Associations (DAAs)
Duties under the Bagley-Keene Act
Each board has essentially Three (3) duties under the Act
To give public notice of meetings to be held
To conduct any business of the DAA in an open session meeting
Except where a closed session is specifically authorized
To provide an opportunity for public comment before taking any action
What is a Meeting? Types of DAA Meetings
Regular Monthly Meetings (10-day notice) • When a quorum meets under normal circumstances
Committee Meetings • Formed by the board for a specific purpose
Special Meeting (48-hour notice) • Only for specific purposes with a finding of substantial hardship by 2/3
vote of the board Emergency Meeting (1-hour notice)
• Crippling disaster or work stoppage that severely impacts public health or safety
Committee Requirements Standing Committee
Consists only of board members • Three (3) or more board members
Full compliance with the Act
Two (2) board members acting with the authority delegated by the Board
Full compliance with the Act
Committee Requirements Other non-committee board members may attend
• Attend as observers only
Strongly recommended that an announcement be made at the beginning of the meeting that the non-committee board members are in attendance only as observers and not participants
Committees report activity or recommendations to the board each month.
Committee Requirements
Ad-Hoc Committee
Two (2) board members and staff • The Act does not apply
For the purpose of information gathering only
Report activity or recommendations to the board each month
Committee Requirements Advisory Committee
Special Exemption for DAAs • Food and Ag. Code § 3964.5 (FAC 3964.5)
Committees consist only of board members
Formed by formal resolution or action of the board
Consists of less than a quorum • Maximum of four (4) board members
Committee Requirements Advisory Committee
Meetings must be open to the public If there are regular meetings held – Bylaws or Board Policy
Manual shall state, the regular schedule No other notice of regular meetings is required Must post schedule online Any other meetings outside of regular schedule shall be noticed
at least 24-hours in advance • Posted online • Emailed or mailed to the public requesting notice
Serial Meetings Serial Meetings are Prohibited
Board members may not use a series of communications directly or through personal intermediaries to deliberate or act on any item of business
Intermediaries include: • CEO • Technological Devices (Texts and E-Mails)
Serial Meetings Definition
A series of communications between board members on board business outside a board or committee meeting
Contact may involve less than a majority • But when all contacts are added up • Involves a majority of the Board
Serial Meetings Serial Linear Serial Hub Communication Communication
Serial Meetings Examples
Includes all forms of communications • Communications intended to clarify issues
Communications to facilitate / advocate the resolution of an issue • Study Sessions • Pre-Meeting Briefings
Does not include one-way communications from staff
F&E or Legal for administrative purposes only
What is Not a Meeting
Not a Meeting
Individual contact between a board member and the public
Attendance at a social event
Attendance at an event of another government body
Provided that the board members do not discuss board
business
Not A Meeting Examples
Conferences, Conventions, Fair Fundraiser Events Local public meetings Open & noticed meeting of another state body or local legislative
body Purely social or ceremonial occasion Fair Fundraiser Event, Farm Show Event, etc.
When a Non-Meeting Turns Into a Meeting
Purely social or ceremonial occasion is not a meeting
However, it would violate the Act for most board members to meet privately over lunch and discuss how the Act applies to the board Cal. Atty. Gen. Opinion No. 18-901, September 22, 2020
What Constitutes a Quorum Five (5)
Quorum Defined
The minimum number of members who must be present for a board to legally transact business Because DAA Boards have nine (9) seats available, there must
be at least five (5) board members present to satisfy the quorum requirement to conduct business Applies even if a board has less than nine (9) appointed
members
Quorum Lack of a Quorum
A board cannot transact business (deliberate and vote) without a quorum A properly noticed meeting may proceed for the purpose of
hearing information items • Committee Reports • Staff Reports • Public Comment • Closed session for legal updates only
Meeting Notice Requirements
Legal Office Template Provided
The meeting notice and agenda are two documents • Posted together
Front style and size must meet ADA requirements • Arial • 11 point
The agenda must identify all items of business to be discussed or transacted with enough specificity to inform the public
Meeting Notice Requirements
Legal Office Template Provided
The CEO prepares and notices the agenda with the board president’s approval
Americans with Disabilities Act information for accommodation
Public Comment item for matters not on the agenda
10-day posting requirement • On-Line • At the Office
Teleconference Meetings Allows meetings to meet the quorum requirement if the location
is noticed AND allows public access AND ADA Compliant COVID -19 Executive Orders have relaxed the Act’s
teleconference requirements • Locations do not need to be noticed or open to the public • Teleconference information must be posted on the notice
and agenda • Include website URL where meeting documents may be
downloaded In the case of Zoom, include both the toll-free phone number
and internet link All other Act requirements still apply
Public Comment on Agenda Items The DAA must provide the public an opportunity to directly
address the Board on each open session agenda item
Board President must call for public comment
May take place before or during board discussion • Always before the Board acts
The Board must allow for critical and negative comments to be expressed
Opportunity for Public Participation General Information
A board may adopt a public comment policy that allows the board president to limit the time each public member may speak on an item
The policy should be included on all meeting agendas • Reasonable amount of time is 3 – 5 minutes per person
A board may develop a policy identifying the location of all media using recording devices during meetings
Opportunity for Public Participation
Disruptive members of the public may be removed from the meeting after receiving a warning
A public participant is not required to state his/her name in order to provide public comment
Cannot require public to enter name before speaking or joining a Zoom or other teleconference meeting
Opportunity for Public Participation For Items Not Listed on the Agenda
Agenda Item must be included on all noticed agendas
“Public Comment on items not on the agenda”
The board may not engage with the speaker or respond to questions and accusations
• Because the issue is not on the agenda
Items of Business NOT on the Agenda The board may not deliberate or vote on matters that are not on the agenda
Any board member may ask that an item raised during publiccomment be added to a future agenda Board members may ask questions of the public for clarification The board president may refer a matter raised by a public
speaker to the following: • the CEO • a committee chair • create an Ad-Hoc committee
Board Deliberation & Action
Each board member should be called upon by the president to provide an opportunity for the member’s comment
No “secret” deliberation • Texting • Emailing other members during the meeting
Voting by roll call is required • CEO or staff calls out each board member by name • Board member responds with yes/no vote
Abstentions & Conflict of Interest
Abstention is frowned upon unless the board member has a conflict of interest
• Conflict should be confirmed by Legal
Board members have a duty to participate and vote on the issues before them in order to carry out DAA business
Abstentions & Conflict of Interest Conflict of Interest Board members must deliberate and act in the best interest of the DAA
A board member’s financial or personal interest may conflict with the DAAs best interest • Confirm with Legal whether a conflict exists – prior to the meeting
If there is a conflict of interest, the board member must abstain from participating in board deliberation and action on the matter
Abstention includes leaving the board room for that agenda item to prevent any undue influence
May affect the board’s quorum
Abstentions & Conflict of Interest Ethics Training and Form 700
Board members and CEOs are required to take Ethics Orientation training every two (2) years
• Provided on CDFA Online University
Form 700 must be filed with the Fair Political Practices Commission by CEO and a copy sent to F&E
• Must submit annually by April 1st • Must submit within 30 days of leaving office • Must submit within 30 days of assuming office
Meeting Minutes
Must be made available to the public during the meeting at which they are approved
Meeting minutes should include: • Attendance/Absence of Directors • All motions, resolutions, and action taken by the Board • Reports or recommendations brought forth by DAA
committees and non-profit foundations • Documents considered by the Board • Recap of public speakers and their comments
Meeting Minutes
A detailed transcript of board deliberations and public comment is not needed
Must reflect a true representation of all matters discussed and the views of the participants
Include a copy of all documents considered by the board regardless of the source of the document, e.g. the CEO, Committees, and/or public
Recording Votes The minutes for all agenda items for which the Board took
action must reflect the vote or abstention of each board member Abstention should be for conflict of interest only, must be
noted
No secret ballots
No proxy voting
Roll call vote
A tied vote constitutes no action taken and the motion fails
Approved Not Board Member Approved Abstained
(Aye) (No)
Name (Made Motion) x
Name x
Name x
Name x
Name x
Name x
Name x
Name x
Name x
Recording Votes
Minutes must include: • Board members name
• How they voted
• Abstention based on conflict of interest
Sign – In Sheets Sign-in sheets cannot be required as a condition of attending a
board meeting • Cannot require the public to enter their name when joining a
“Zoom” or teleconference meeting
If circulated, the sign-in sheet must clearly state that it is optional
Persons may attend and participate regardless of whether they sign in
Rights of Attendees and Media
Right to record audio, video, take photos, and broadcast the meeting
Board has right to remove a disruptive individual • Will require a meeting recess • Zoom meeting administrator may remove
Zoom recording or tape recording must be granted by the CEO or meeting administrator
Public Access to Meeting Records
All documents considered by the board or committee duringa meeting must be available to the public at that meeting
• If a Zoom meeting, post on the board website • If in-person meeting, hard copies
Any person is entitled to those records pursuant to the Public Records Act
• Requests for records must be forwarded to CDFA Legal for processing
Closed Session Authorized Topics
Personnel Matters (CEO) • Does not include routine staff issues • Does not include issues between board members
Pending Litigation • Attorney must be present
Real Estate • To negotiate price and terms of payment only
Threat of Criminal or Terrorist Activity
Closed Session Notice, agenda, and reporting
May only be held for a specific purposes identified in Bagley Keene
Held only during a regular or special meeting
Must reference the specific Government Code section on the agenda
All closed session agenda topics must be submitted to Legal for review prior to the agenda being posted
Closed Session Notice, agenda, and reporting
May not be included or added to the agenda as a place holder unless instructed by Legal
Only the agendized topic may be discussed
Minutes must be kept
Minutes and discussion are considered confidential
Closed Session Ensuring Confidentiality via Zoom
Set up a separate, confidential teleconference line or zoom call for closed session
Do not notice the teleconference line or Zoom line on the agenda
Email the separate information to all the directors in advance of the meeting
Conduct a roll call vote to ensure all directors are on the line
Closed Session Conducting
While in closed session, the public teleconference line must be kept open for purposes of reconvening
Disconnect the board members and the CEO from the public line to maintain confidentiality
Zoom tip: Move the public to the “waiting room” during closed session
• Do not record the closed session
Closed Session Minutes
Minutes are to be taken Kept confidential in a separate area from open session minutes Disclosable only upon direction of your attorney President shall designate the CEO or another board member to take minutes President and Vice-President approve and sign minutes Include any legal memo authorizing closed session
Closed Session Minutes
Record any action taken
Record brief summary of deliberations
Do not audio record
Closed Session Adjourning into closed session
Board Chair/President must announce the purpose of the closed session and who is attending
Closed Session Reconvening into open session
Call or Permit attendees into the room, call, or Zoom meeting
Announce any action taken
Announce roll call vote of any action taken
Do Not announce action taken for: • Litigation • Direction given to attorney • Direction given to negotiator
Closed Session
Personnel Matters
Consider the appointment, employment, performance evaluation, disciplinary action/dismissal, or hear charges/complaints against the CEO
Compensation of the CEO and/or staff as a fiscal or budget matter, must be in open session
Closed Session Personnel Matters – Disciplinary Action/Complaint
CEO must be served with a notice of their right to a public hearing
If the CEO chooses to hold a public hearing, it must be properly noticed on the meeting agenda
Board President/Chair should contact F&E for CDFA Legal and HR assistance before agenda is noticed
Closed Session Real Estate
To provide instructions to the negotiator on price and terms of payment
Agenda must identify the specific parcel, Board’s negotiator, and the party with whom the Board is negotiating
Closed Session Pending Litigation
To receive legal advice from CDFA attorney or AGO
Protect the attorney-client privilege
For the matters of: • Significant risk of litigation to the Board • Deciding whether to file formal litigation • Formal litigation has been filed against the board
-
Closed Session Pending Litigation
CDFA Legal must prepare a confidential memo authorizing the closed session
• Memo must be filed with the minutes
CDFA Legal must be in attendance
If CDFA Legal is not in attendance: • Session is not privileged • Board members may be deposed • Notes may be subpoenaed
QUESTIONS? Legal Counsel
Michele Dias
Christine Vana