Presentation Transcript

1. Central Valley Flood Protection Board

   Employment of boardLegal CounselAugust 23, 2013

2. Background Prior History: 2008 flood legislation gave Board more responsibility, authority and autonomy 2009 Board expansion and reorganization Board contract with Department of Justice for primary legal counsel services DWR provided additional counsel for enforcement and real estate matters 2013-14 Budget Change approved granting one new full-time position May 2013 Board meeting: Board approved hiring its own legal counsel Initial screening of candidate pool completed Hiring process paused to answer key questions Key Questions: Interpretation of CWC §8580 regarding authority to “appoint” and “employ”? Consider Exempt or Career Executive Assignment versus current civil service position?
3. Water Code §8580 Water Code §8580 States: The board may appoint an executive officer The board may appoint a chief engineer The board may employ legal counsel and other necessary staff Staff consulted with Cal HR and DWR Human Resources personnel, and Board counsel The collective opinion is that: The Board may appoint an “exempt” Executive Officer The Board may appoint an “exempt” Chief Engineer The Board may hire (employ) legal counsel and other civil service staff
4. Comparison of Position Types Position Types, Reporting Relationships,Board Examples Exempt Positions Civil Service Positions Exempt from Civil Service Laws Career Executive Assignments (CEA) Excluded (from collective bargaining) Rank and File Serve at the pleasure of the Governor Serve at the pleasure of the Board Managers and Supervisors Represented by collective bargaining Board Members Executive Officer Chief Engineer Branch Chief Section Chiefs Attorney III Engineer, WR Env. Scientist
5. Option 1 – Continue Process Continue with the current process and keep the position as civil service, Attorney III: Interview panel with up to 2 Board members and Executive Officer would interview the short candidate list One candidate would be hired at the Attorney III civil service position The new employee would serve a one-year probationary period After passingprobation, the employee would be subject to all rights and privileges granted to that classification through civil service and collective bargaining processes Possible Advantages: Current process would continue and could be completed soon Current short list of pre-screened candidates are ready to interview Incumbent could report to the Board as determined by vote in May Possible Challenges: Termination of a poorly performing employee (after probation) would require normal progressive disciplinary process consistent with civil service rights and privileges
6. Option 2 – Convert to CEA Convert the Attorney III Position to Career Executive Assignment (CEA): Per Cal HR and DWR HR the Board may have this option Board Legal Counsel recommends further investigation is necessary CEA positions are a special category of civil service positions High-level managerial positions Serve at top department levels (director’s cabinet or executive staff) Have broad responsibility for policy development and implementation Covered by civil service laws and rules Excluded from collective bargaining Minimum qualifications to apply Require some civil service background Require State Personnel Board and CalHRapproval
7. Option 2 – Convert to CEA Possible Advantages: Employee serves at the pleasure of the Board Board can hire and terminate (20 days advance written notice) Possible Challenges: Due to the strict policy-driven nature of this positionattorneys do not fit the CEA category well According to DWR and CalHR Personnel, the CEA process is scrutinized heavily and takes a long time (5 months to 2 years) CEA position requires CalHR and 5-member State Personnel Board approval
8. Option 3 – Convert to Exempt Convert the Attorney III position to an Exempt position: Per Cal HR and DWR HR the Board may alsohave this option available Board Legal Counsel recommends further investigation is necessary Exempt positions are usually of a higher nature (Directors, Deputy Directors, etc.) Not covered by civil laws and rules Exempt Conversion Process: Identify a vacant managerial position DWR sends the Exempt Position Request to the Governor’s Office Governor’s Office must approve the candidate CalHRestablishes the Exempt Position
9. Option 3 – Convert to Exempt Possible Advantages: Serve at the pleasure of the Governor This option likely to be the quickest way for the Board to stay within their statutory authority and still dismiss the person quickly based on performance It is likely that the Board will have the support of DWR and the Resources Agency to gain the Governor’s Office approval to convert the position to an exempt Can be terminated at will if the incumbent is not performing satisfactorily Possible Challenges: Reclassification to exemptgives the Governor’s Office the power to hire and fire Board will need to justifythe need for the exempt position DWR, Resources Agency, and State Personnel Board approvals are required prior to CalHR and Governor’s Office approvals Governor’s Office sets salary range and annual increases
10. Staff Recommendation Based upon Board staff research, analysis, and recommendations from CalHR and DWR Human Resources staff, Board staff recommends: That the Board should continue the current process to hire an Attorney III (Option 1)
11. Questions ?