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HomeMy WebLinkAboutMINUTES - 02072012 - C.77RECOMMENDATION(S): 1. ACCEPT the 2011 Annual Report of the Internal Operations Committee of the Board of Supervisors. 2. RECOGNIZE the excellent work of the County department staff who provided the requisite information to the IOC in a timely and professional manner, and members of the Contra Costa community and private industry who, through their interest in improving the quality of life in Contra Costa County, provided valuable insight into our discussions, and feedback that helped us to formulate our policy recommendations. 3. REMOVE without taking any further action the referrals to the 2011 IOC listed on Exhibit A. 4. REFER to the 2012 IOC the items listed on Exhibit B. FISCAL IMPACT: APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Timothy Ewell, (925) 335-1036 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2012 David Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.77 To:Board of Supervisors From:INTERNAL OPERATIONS COMMITTEE Date:February 7, 2012 Contra Costa County Subject:FINAL YEAR-END REPORT ON ACCOMPLISHMENTS AND DISPOSITION OF REMAINING REFERRALS TO THE INTERNAL OPERATIONS COMMITTEE No impact. BACKGROUND: During 2011, the Internal Operations Committee (IOC) reviewed nominations to those advisory bodies for which the IOC has traditionally made recommendations to the Board of Supervisors (BOS) for appointment or reappointment – primarily at large seats or seats on committees whose composition requirements must be monitored. Our Committee appreciates the time and effort taken by the staff to these advisory bodies to recruit, screen, and nominate individuals to our Committee for approval and appointment by the Board. Their efforts in this regard allowed the IOC to focus more of its time on the following subjects: 1. Small Business Enterprise (SBE) and Outreach Programs. On December 12, 2011, the IOC received semi-annual reports for CY2010 and CY2011 from the Interim Affirmative Action Officer and directed staff to forward to the Board of Supervisors. We recommend that this issue remain on referral to the IOC. REFER 2. County Audit Program. In 2000, the Board of Supervisors directed that the IOC review each December the annual schedule of audits and best practices studies proposed by the County Administrator and the Auditor-Controller. Due to the exigent need to complete the County’s Comprehensive Annual Financial Report by the prescribed deadline, the IOC agreed to change, henceforth, the Auditor-Controller’s annual audit plan deadline to February. The Auditor-Controller’s Office presented the 2011 Audit Schedule to the IOC at the March 21, 2011 meeting. The 2011 IOC recommends that this issue remain on referral to the 2012 IOC. REFER 3. Annual Vehicle Replacement List/Low Mileage Vehicles . Each year, the General Services Department (GSD) Fleet Services Manager has analyzed the fleet and annual vehicle usage and made recommendations to the IOC on the budget year vehicle replacements and on the intra-County transfer of underutilized vehicles, in accordance with County policy. The County Administrator’s Office has used that information to develop the annual vehicle replacement list that, since 2003/04, has been used as a planning tool during budget deliberations. In FY 2008/09, the Board approved the establishment of an Internal Services Fund (ISF) for the County Fleet, to be administered by GSD. The Board continued the referral to IOC to review annually the GSD report on the fleet and on low-mileage vehicles. On November 21, 2011, the IOC accepted the Annual Report from the Public Works department as presented. It is recommended that this matter remain on referral to the 2011 IOC for continued monitoring. REFER 4. Local Vendor Preference Program. On August 10, 2004, the Board of Supervisors referred to IOC the creation of a policy to grant a five percent preference to Contra Costa County vendors on all sealed bids or proposals except with respect to those contracts which state law requires to be granted to the lowest bidder, and review of an ordinance to be drafted by County Counsel to enact this policy. The 2005 IOC proposed a new ordinance to the Board that would grant a five percent preference to self-certified local vendors for purchases in excess of $25,000. This ordinance was introduced on August 9 and adopted on September 13, 2005. On November 21, 2011, the IOC accepted the Annual Report from the Public Works department as presented. It is recommended that this matter remain on referral to the 2012 IOC for continued monitoring. REFER 5. Advisory Body Recruitments. On December 12, 2000, the Board of Supervisors approved a policy on the process for recruiting applicants for selected advisory bodies of the Board. This policy requires an open recruitment for all vacancies to At Large seats appointed by the Board. The Board also directed that the IOC personally conduct interviews of applicants for At Large seats on the Contra Costa County Fire Protection District's Fire Advisory Commission, the County Planning Commission and the Board appointees to the County Employees' Retirement Board. On March 1, 2011, the Board included the East Contra Costa Fire Protection District Board of Directors to the list of appointive bodies for which the IOC conducts personal interviews. We recommend that this matter be referred to the 2012 IOC. REFER 6. Coordination of Municipal Services. On August 2, 2006, the Board of Supervisors requested the County Administrator’s Office (CAO) to work with the County’s municipal services departments to identify opportunities for service improvements and to report any findings to the IOC. The departments identified three areas for concentration: responding to public inquiries and information requests; improving public outreach and access to services; and increasing interdepartmental coordination. The IOC received status reports from the CAO and the departments in August and December 2006, July and November 2007, August and December 2008, and October 2009, reviewing accomplishments to date and efforts still underway. Since being referred the Board of Supervisors has approved the consolidation of four departments into two departments: 1) Building Inspection and Community Development departments into the Department of Conservation and Development and 2). General Services Department into the Public Works Department. Due to progress of the last several years, we recommend that this referral be terminated. TERMINATE 7. Human Resources Recruitment Process. On May 8, 2007, the Board of Supervisors directed the Human Resources Director to report to the IOC on the County’s personnel recruitment process. The referral was predicated on a recommendation from the District V Supervisor, who acknowledged a recurring issue raised by departments during discussions about their programs, workload, and budget. Several departments reported independently that operational symptoms such as high staff workloads, reduced work quality, reduced responsiveness, low staff morale, increased use and cost of overtime, and increased use of contract and temporary staff, relate, in part, to an inability to acquire permanent staff when needed. In order to facilitate a better understanding of the time it takes to acquire needed staff resources, the Human Resources Director in 2007 presented to our Committee an informative overview of governing regulations, types of recruitment processes, pre-recruitment, recruitment steps, best case scenario recruitment and timetable, and recruitment process enhancements. The Committee was also presented workload data and staffing ratio comparisons from comparable counties. The Board received a condensed version of this presentation at its December 18, 2007 meeting. The Committee requested that the Human Resources Department report back once it had completed an update of the Personnel Management Regulations. However, due to the transition of Human Resources management staff, this referral was not completed and the Human Resources Director requested, and the 2009 IOC granted, an extension to February 2010 for a follow-up report. The IOC accepted a follow-up report from the Human Resources Director in February 2010. We recommend that this referral be terminated. TERMINATE 8. Review of the Health Services Department Hazardous Materials Program. In January 2008, the Board of Supervisors referred to the Internal Operations Committee a review of Health Services Department Hazardous Materials Program in order to gain a better understanding of the Program’s mission and operations. On July 7, 2008, the Health Services Department provided a report to the IOC on the myriad County hazardous materials programs and associated regulatory responsibilities. Supplementing the report was a summary and evaluation of Hazardous Materials Ombudsman activities from November 2006 to the present. On October 13, 2008, the Department presented a follow-up report to the IOC on enforcement procedures, the unannounced inspection program, and the identification of Supplemental Environmental Projects (SEPs). The Committee reported out to the Board of Supervisors on October 28, 2008 with a recommendation for a follow-up report from the Health Services Department to the Committee in 2009. HSD made a follow-up report to the IOC in August 2009 and the Committee requested another follow-up report regarding fine collection, Brownfield sites, and prosecution of hazardous materials violations. This issue was taken up by the Public Protection Committee (PPC) in response to a separate referral by the Board of Supervisors to that Committee on January 25, 2011. The PPC discussed the issue and its April 4, 2011 regular meeting and the Board of Supervisors authorized action on April 15, 2011. The 2011 IOC recommends that this referral be terminated. TERMINATE 9. Update of the County’s Emergency Operations Plan . On February 24, 2009, the Board of Supervisors referred the review and update of the County Emergency Operations Plan (EOP), last updated by the Emergency Services Policy Board (ESPB) in January 2006. The Sheriff’s Office reported to the IOC in July 2009. The IOC recommended that staff review the plan quarterly and provide the Board of Supervisors with more frequent updates. The Plan should be updated at least annually and be made available to the public. The Plan update was scheduled to be considered by the ESPB. On June 20, 2011, representatives from the Sheriff’s Office presented a final draft of the EOP to the IOC for consideration. The IOC made the following recommendations to the Sheriff’s Office for inclusion in the final document: a. Update alternate Emergency Operations Center (EOC) locations to be more geographically diverse. Current locations are primarily in Central Contra Costa County. b. Make available various emergency operations plans, functional annexes, and earthquake plans on the county website for reference by members of the public. c. Describe the ESPB by member composition d. Make available the Organizational Chart on page 13 of the Plan on the county website with links to federal, state, and local reports identified for reference by members of the public. The IOC directed staff to forward the revised final draft EOP to the Board of Supervisors for consideration once received from the Sheriff’s Office. On November 15, 2011, the Board of Supervisors received a presentation from the Sheriff’s Office regarding the revised final draft EOP and approved the document as presented. The 2011 IOC has completed work on this referral and recommends that it be terminated. TERMINATE 10. Review of the $50,000 Threshold in the Small Business Enterprise (SBE) Program. The Board of Supervisors referred this matter to the IOC on September 15, 2009. In November 2010, the IOC adopted staff recommendations to raise SBE Program thresholds as outlined below: (1) Increase certain SBR Program Thresholds as follow: • Purchasing Transactions – from $50,000 to $100,000 • Service Contracts – from $50,000 to $100,000 • Construction Contracts – from $25,000 to $100,000 (2) Grant a 5% bid preference for SBE bidders on County construction contracts and grant a 5% bid preference to bidders who meet participation goals for SBE subcontractors. (3) Adopt a pre-award, two-step appeal procedure for all services contracts exceeding $100,000. Appeals would be first to the Department Head and then to the County Administrator. The procedure would require pre-award notice to service providers of the appeal procedure and the intended contract award. (4) Establish a policy for review of the SBE Program threshold once every two years. The above changes require amendment of the SBE and Outreach Program documents. On November 8, 2011, the Board of Supervisors approved the above changes to the SBE Outreach program with an effective date of January 1, 2012. The 2011 IOC considers work on this matter to be complete and recommends termination of this referral. TERMINATE 11. Policy on Sunset Dates for Board Advisory Bodies. The Sunset Review Process was adopted by the Board of Supervisors on November 3, 2009 as part of the final report of the “Triennial Review of County Advisory Bodies” (Item C.67). In 2011, the Committee dedicated significant time to updating the County policy governing appointments to boards, committees, and commissions. The updated policies approved by the Board contemplate implementation of a Sunset Review process by July 1, 2012. We recommend that this issue remain on referral to the IOC to finalize the process and implement by July 1, 2012. REFER 12. Review of Procedures Governing Employee Involvement in Contracts with Prospective Employers . On December 15, 2009 (Item C.101), the Board of Supervisors referred this issue to the IOC and directed the County Administrator to work with County Counsel to develop policies and procedures governing employee involvement in contracts with prospective employers. This referral was not taken up by the 2011 IOC, therefore we recommend that it be referred to the 2012 IOC. REFER 13. Review of Privacy Practices of the Auditor-Controller. On July 13, 2010 (Item C.159), the Board of Supervisors referred this issue to the IOC. The 2010 IOC was not able to schedule this item and referred the issue to the 2011 IOC. On March 21, 2011, the IOC initiated discussion about the issues contributing to this referral. Specifically, the Auditor-Controller’s Office, in response to a Public Information Request, released personal information submitted by Supervisor Piepho during a routine expenditure reimbursement request. The Auditor-Controller’s Office was present to provide background information about the expenditure reimbursement process and internal controls associated with that process. The IOC completed discussion and referred the issue to a future meeting date with County Counsel available to comment. On September 12, 2011, the IOC continued discussion of this referral and determined that no further action should be taken. The Committee requested that the Auditor-Controller return to the IOC in September 2012 with a listing of Public Information Requests received during the period September 2011 through August 2012. The 2011 IOC recommends leaving this issue on the 2012 IOC discussion schedule to receive the follow up report in September 2012 as requested. REFER 14. Mental Health Commission request to review Local 1 Survey regarding Mental Health Division Administration . On March 23, 2010, the Board of Supervisors referred the review of a survey conducted by Public Employees Union (PEU) Local One in November 2009 to the IOC. The survey was sent to 189 employees of the Health Services Department Mental Health Division and 132 responses were received. This survey – An Evaluation of Contra Costa County’s Mental Health Senior Staff and the Mental Health Administration’s Policies and Procedures - indicated significant issues with morale, confidence in the management staff, and seemed to indicate a growing belief among line staff that management was “out of touch” with concerns of employees. In a letter dated January 26, 2010 addressed to William Walker, M.D., Director of the Health Services Department, Professional & Technical Engineers, Local 21 raised concerns with the survey, its objectivity and the methodologies used to conduct the survey. On February 11, 2010, the Mental Health Commission (MHC) discussed the survey and the response by Local 21. After discussion, the MHC requested that the Board of Supervisors refer the matter to the IOC for review. The IOC discussed this issue during the May and November 2010 meetings. Specifically, the IOC heard presentations from the Health Services Department and County Administrator’s Office regarding implementation of a new Cultural Confidence Plan, implementation of two Mental Health Integration Projects, and deployment of several training projects within the Mental Health Division. At the November 2010 meeting, the IOC requested that staff return with a comprehensive update using quantitative performance measures to help illustrate program changes. On June 20, 2011, the IOC received a close-out report from the Health Services Department. After significant public testimony, the IOC did not accept the report from HSD and directed HSD staff to continue working with PEU Local 1 and the Mental Health Commission to address outstanding concerns with the goal of returning at a future date with a plan to move forward. On November 21, 2011, the IOC received an updated closeout report from the Health Services Department. Due to lack of consensus between the department, the Mental Health Commission, and PEU Local 1, the IOC did not accept the report. We recommend that this issue be combined with No. 15 below and referred to the 2012 IOC for further monitoring. REFER-COMBINE with No. 15 15. Mental Health Commission request to review Employee Participation on County Advisory Groups (CPAW). On April 13, 2010 the Board of Supervisors referred a request by the Mental Health Commission to review employee participation on County Advisory Groups to the IOC. This request was initiated by concerns over employee participation on the Consolidated Planning Advisory Committee (CPAW) within the Health Services Department (HSD). On May 10, 2010, the IOC accepted a report from HSD and directed the department to develop guidelines on the conflicts of interest, gather information on how other counties have organized Mental Health Services Act (MHSA) stakeholder groups, and report back the IOC. On November 22, 2010, the County Administrator’s Office (CAO) reported back to the IOC on this issue. Specifically, the CAO reported that the CPAW had initiated changes in how membership was tracked. The IOC asked staff for an update on this issue to monitor changes underway. On November 21, 2011, the IOC received an updated closeout report from the Health Services Department. Due to lack of consensus between the department, the Mental Health Commission, and PEU Local 1, the IOC did not accept the report. We recommend that this issue be combined with No. 14 above and referred to the 2012 IOC for further monitoring. REFER-COMBINE with No. 14 16. Process for Allocation of Propagation Funds by the Fish and Wildlife Committee. On November 22, 2010, the IOC received a status report from Department of Conservation and Development (DCD) regarding the allocation of propagation funds by the Fish and Wildlife Committee (FWC). The IOC accepted the report and the recommended modifications to improve the grant process in the future. The modifications include (1) Update the FWC Conflict of Interest Code, and; (2) Recommend to the Board of Supervisors that the FWC provide grant recommendations to the IOC, for an additional round of review, before grant recommendations are considered by the full Board. On April 18, 2011, the IOC received a report from DCD proposing 2011/12 Fish and Wildlife Propagation Fund Grant awards on behalf of the FWC. The IOC approved the proposal and directed FWC staff to make use of five-year revenue projections in future proposals. We recommend that this item be made a standing referral to the IOC. REFER 17. Review of Current Policy Governing Appointments to Boards, Committees, and Commissions . On April 5, 2011, the Board of Supervisors referred to the IOC a review of the current policy governing appointments to various Boards, Committees, and Commissions (Resolution No. 2002/377). On April 18, 2011, the County Administrator’s Office (CAO) presented a report that included an update of the 2011 Maddy Book Project work plan, discussion of technological updates within the Clerk of the Board’s (COB) office and suggestions for update of the Board policy governing appointments. The Committee requested that the item return to a future IOC meeting date for further discussion. On July 11, 2011, the IOC received a progress update from CAO staff on revisions to the Advisory Body policy. Staff was directed to return to the Committee at a future meeting date. On September 12, 2011, the IOC received a progress update from CAO and County Counsel staff. On October 5, 2011 CAO staff presented draft policies to the IOC for consideration. The IOC requested that staff include language expanding the interview responsibilities of the Committee for future appointments to certain Board appointive bodies and return to the Committee with final draft resolutions for review. On November 21, 2011, the IOC considered two final draft resolutions that would replace in full Resolution No. 2002/377. The IOC approved the draft resolutions and directed staff to forward to the Board of Supervisors for consideration. On December 13, 2011, the BOS adopted two resolutions, Resolution No. 2011/497 and Resolution No. 2011/498, which together replace in full Resolution No. 2002/377. The 2011 IOC considers work on this matter to be complete and recommends termination of this referral. TERMINATE 18. Update of the Better Government Ordinance. On May 17th, 2011, the Board of Supervisors referred to the Internal Operations Committee a proposed update to the Better Government Ordinance (BGO). The proposed update was composed of two primary actions: 1) Require posting of documents and/or communications directed to a quorum of the Board of Supervisors or its policy bodies on the county website and 2) Establish procedures for the public reporting of final litigation settlement agreements. On July 11, 2011, the IOC considered a proposed revision to the Better Government Ordinance drafted by County Counsel and direct staff to forward the Board of Supervisors for consideration. On October 25, 2011, County Counsel returned to the IOC with additional revisions to help clarify some newfound issues that were not presented to the Committee for consideration. The IOC directed staff to return with a listing of policy bodies that currently have websites and a report from the Chief Information Officer discussing the feasibility of hosting agendas and certain communications received by policy bodies, which would be required by the amended BGO. On November 21, 2011, the IOC received a final draft amendment to the BGO and directed staff to forward to the Board of Supervisors for consideration. The 2011 IOC considers work on this matter to be complete and recommends termination of this referral. TERMINATE 19. Update to the “Garaging of County Vehicles at an Employee’s Home Policy. On October 5, 1993, the Board of Supervisors adopted a policy statement titled “Garaging of County Vehicles at an Employee’s Home” (Board Agenda Item No. FC.1), as recommended by the Finance Committee (Supervisors Gayle Bishop and Tom Powers). The policy essentially provides approval authority to Department Heads to authorize certain employees to take home and garage a county vehicle after making certain findings outlined by the policy. On June 7, 2011, the Board of Supervisors approved a response to Grand Jury Report No. 1103 “County and City Vehicle Maintenance and Usage”, which inter alia, responded to certain Grand Jury findings regarding county vehicles being taken home by employees. In responding to the Grand Jury, the County acknowledged that a policy was in place, albeit dated, and referred the policy to the IOC for review. On October, 5, 2011, the IOC reviewed the policy and directed staff to update the policy and return to the IOC with the proposed revisions. In addition, the IOC requested that the County Administrator inform Department Heads that this policy was in the process of being revised. The revised policy has not yet been presented to the IOC and should be referred to the 2012 IOC. REFER 20. County Deferred Compensation Plan Loan Provision. On September 13, 2011, the Board of Supervisors referred to the IOC for review and consideration a proposed revision to the County Deferred Compensation Plan to include a loan provision for plan participants. The loan provision would allow employees participating in the plan the opportunity to withdraw a portion of funds contributed to individual plan accounts for personal use to be reimbursed with interest over a defined period of time. On October 25, 2011, the IOC received a report from the Human Resources department describing the issues related to establishing a loan provision within the County Deferred Compensation Plan. The IOC directed Human Resources department staff to propose an amendment to the County Deferred Compensation Plan outlining conservative financial parameters, which would allow participating employees the ability to receive a loan from their deferred compensation accounts. The follow up report has not yet been received and should be referred to the 2012 IOC. REFER 21. Establish a Local Vendor Preference for Service Contracts. On May 24, 2011, the Board of Supervisors referred to the IOC this issue of establishing a Local Vendor Preference for service contract transactions. On November 21, 2011, the Public Works Department included an analysis of implementing a preference for these transactions as part of the annual Local Vendor Preference Program report. After discussion, the IOC directed staff to work with County Counsel to develop a program for service contracts that works within the existing program or that is a standalone program and return to the Committee for review. The follow up report has not yet been received and should be referred to the 2012 IOC. REFER 22. Project Labor Agreement Report. On October 4, 2011, the Board of Supervisors referred to the IOC a review of Project Labor Agreements (PLA), with specific regard to receiving Federal Highway Administration (FHWA) approval of PLAs used on federally funded road projects. On November 21, 2011, the Public Works department delivered a report to the IOC and proposed several solutions to remedy operational issues with the current County PLA structure. The IOC requested that Public Works staff return with a follow up report detailing the advantages and disadvantages of increasing the current PLA cost threshold on federally funded road projects. The follow up report has not yet been received and should be referred to the 2012 IOC. REFER EXHIBIT A LIST OF REFERRALS TO BE REMOVED • Coordination of municipal services • Review of the Health Services Department Hazardous Materials Program as it relates to the Environmental Health Program • Update of the Emergency Operations Plan • Review of the $50,000 Threshold in the Small Business Enterprise (SBE) Program • Review of Human Resources Recruiting Process • Update of the Better Government Ordinance • Review of Current Policy Governing Appointments to Boards, Committees, and Commissions EXHIBIT B LIST OF ITEMS TO BE REFERRED TO THE 2012 INTERNAL OPERATIONS COMMITTEE Standing Referrals • Continued policy oversight and quarterly monitoring of the Small Business Enterprise and Outreach programs, and e-Outreach • Review of the annual audit schedule • Review of annual Master Vehicle Replacement List and disposition of low-use vehicles • Local Vendor Preference Program • Advisory Body Recruitments • Annual Sunset Review Process • Review of Process for allocation of funds by the Fish and Wildlife Committee Non-Standing Referrals • Review of Procedures Governing Employee Involvement in Contracts with Prospective Employers • Review of Privacy Practices of the Auditor-Controller • Review of Local One Survey regarding Mental Health Administration/ Mental Health Commission request to review Employee Participation on County Advisory Groups (CPAW) • Update to the “Garaging of County Vehicles at an Employee’s Home” Policy • County Deferred Compensation Plan Loan Provision • Establish a Local Vendor Preference for Service Contracts • Project Labor Agreement Report CONSEQUENCE OF NEGATIVE ACTION: The report will not be accepted by the Board of Supervisors. The Internal Operations Committee will not have clear direction on the disposition of prior year referrals for discussion in calendar year 2012. CHILDREN'S IMPACT STATEMENT: No impact.