Score: -8
(14/64/22)
Contra Costa County Grand Jury
• 2015-2016
To: Board of Supervisors
Published: April 29, 2016
23 pages
⚠️ Aviso de traducción: Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings and Recommendations 9 findings
F1
The County’s largest outstanding debts relate to its pension liabilities. The unfunded pension liabilities of the County (including ConFire) as calculated by the CCCERA actuaries in September 2015 total $1.155 Billion. In addition to this UAAL figure, the County (again including ConFire) has outstanding $329 Million of long-term pension obligation bonds.
No recommendations for this finding
F2
The County’s unfunded pension liability will increase in any year in which the rate of return on the CCCERA pension fund does not reach at least 7.25%.
No recommendations for this finding
F3
According to the most recent CCCERA actuarial report, for every 1% drop below the CCCERA assumed rate of return of 7.25% the County’s unfunded pension liability will increase by a figure equal to 9.9% of the County payroll of employees enrolled in the CCCERA pension plan. Based on its current payroll of over $572 Million that means the reported return of 1.9% achieved by the CCCERA pension fund in 2015 could result in an increased County UAAL of over $300 Million before actuarial five-year smoothing adjustments are made.
No recommendations for this finding
F4
Unlike all other elements of compensation that it negotiates with the labor organizations, the County does not negotiate the rate of pension benefits employees will earn in future salary periods.
No recommendations for this finding
F5
The reason the County does not negotiate such pension benefits is due to a long- standing legal precedent in California, known as the California Rule, which holds that public employees are covered by an implied contract on their first day of service guaranteeing that the level of pension benefits they earn each year may not be decreased in future years unless replaced by benefits comparable in value for the employee.
No recommendations for this finding
F6
The California Rule is based on a case that was decided before public employees had the right to organize and engage in collective bargaining in California.
No recommendations for this finding
F7
The County has not taken steps to challenge or seek legal clarification of the California Rule in a California court.
No recommendations for this finding
F8
Negotiating the terms of future pension benefits to be earned could result in substantial cost savings for the County if permitted by a court ruling.
No recommendations for this finding
F9
There are legal avenues open to the County to seek judicial clarification or reform of the rule without subjecting the County to major financial risks if the challenge proves unsuccessful.
Related Recommendations (4)
R1
The Board of Supervisors should seriously consider adopting a policy of seeking judicial clarification or reform of the California Rule.
R2
The Supervisors should consider empaneling a task force, a study group, or an internal committee to examine options for challenging the California Rule that would weigh the following considerations: Potential cost savings for the County; Potential resources to be freed up for other priorities such as service enhancements and other wage and benefit improvements; Opportunities to participate as an amicus curiae in existing legal cases; Opportunities for challenging the California Rule through legal proceedings such as a declaratory relief action that would not expose the County’s financial position to undue risk in the event of an adverse result; and Whether the County should undertake the legal challenge alone or in cooperation with other jurisdictions or organizations with a common interest in the issue, such as the California State Association of Counties (CSAC).
R3
The Supervisors should consider issuing a formal statement on their policy toward seeking reform of the California Rule, with an explanation of how they propose to manage their unfunded pension liability in the event no steps are taken to reform or adjust the California Rule.
R4
The Supervisors should consider securing a legal opinion from outside counsel experienced in the field of pension and collective bargaining law on the merits of a legal challenge to the California Rule based on the argument that the Rule should now be modified based on California’s collective bargaining system for public employees.
Conclusions 1
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CL1 Page 16Fair and sensible pension reform remains an urgent priority for the County. The costs of its pension obligations continue to rise despite the PEPRA reforms of 2013. The largest liabilities on the County’s most recent financial statement relate to pensions: its net pension liability of $925 Million and its outstanding pension obligation bonds of $329 Million. Despite the size of this obligation the County has only limited options to manage it. The size of the liability will depend each year on the investment results of the CCCERA pension fund. Because of legal precedent in California that has not yet been challenged, the County has not negotiated with its labor organizations over the rates of future pension benefits to be earned. Such benefits should in our judgment be included in collective bargaining negotiations. To do so, the Board should seriously consider various avenues to challenge the California Rule in court. Such a change would be supported by sound legal arguments and could yield the County, if successful, an important tool to move forward on pension reform through collective bargaining.
Agency Responses 12
Government agencies' official responses to this report's findings and recommendations. Click on a response to see the structured breakdown.
▶
Board of Supervisors
September 20, 2016
•
6 pages
• 13 responses
•
Score: 0
(+0, 13, 0)
View Details ▾
13 responses to findings and recommendations
F1
The County’s largest outstanding debts relate to its pension liabilities. The unfunded pension liabilities of the County (including ConFire) as calculated by the CCCERA actuaries in September 2015 total $1.155 Billion. In addition to this UAAL figure, the County (again including ConFire) has outstanding $329 Million of long-term pension obligation bonds.
Response: Disagree Partially
Score: 0
The respondent agrees with the finding. F2. Plan Bay Area 2040 seeks to combine transportation, jobs and housing as a solution to the needs of our growing population. Response: The respondent agrees with the finding. F3. While State law mandates that ABAG conduct the RHNA process, a city is not required to subsidize and/or build the units; it is only required to demonstrate that local zoning will not impede development. F4. While State law mandates that ABAG conduct the RHNA process, the County is not required to subsidize and/or build the units. It is only required to demonstrate that local z...
R1
The Board of Supervisors should seriously consider adopting a policy of seeking judicial clarification or reform of the California Rule.
Response: Implemented
Score: 0
The recommendation has been implemented. The County currently provides Community Development Block Grant funds to rehabilitate both existing rental and ownership properties and has done so for over 30 years. R5. The city should explore increasing existing "impact fees" or "linkage fees" or enacting such fees in order to generate revenue with which to assist funding of AH. R6. The city should consider designating an employee within the city's planning or housing department to coordinate with property management to maintain current waiting and interest lists of available AH and ensure informatio...
F2
The County’s unfunded pension liability will increase in any year in which the rate of return on the CCCERA pension fund does not reach at least 7.25%.
Response: Disagree Partially
Score: 0
The respondent agrees with the finding. F3. While State law mandates that ABAG conduct the RHNA process, a city is not required to subsidize and/or build the units; it is only required to demonstrate that local zoning will not impede development. F4. While State law mandates that ABAG conduct the RHNA process, the County is not required to subsidize and/or build the units. It is only required to demonstrate that local zoning will not impede development. Response: The respondent agrees with the finding. F5. Inclusionary zoning programs provide incentives and regulatory waivers to builders and d...
R2
The Supervisors should consider empaneling a task force, a study group, or an internal committee to examine options for challenging the California Rule that would weigh the following considerations: Potential cost savings for the County; Potential resources to be freed up for other priorities such as service enhancements and other wage and benefit improvements; Opportunities to participate as an amicus curiae in existing legal cases; Opportunities for challenging the California Rule thro...
Response: Implemented
Score: 0
The recommendation has been implemented. The County currently provides Community Development Block Grant funds to rehabilitate both existing rental and ownership properties and has done so for over 30 years. R5. The city should explore increasing existing "impact fees" or "linkage fees" or enacting such fees in order to generate revenue with which to assist funding of AH. R6. The city should consider designating an employee within the city's planning or housing department to coordinate with property management to maintain current waiting and interest lists of available AH and ensure informatio...
F3
According to the most recent CCCERA actuarial report, for every 1% drop below the CCCERA assumed rate of return of 7.25% the County’s unfunded pension liability will increase by a figure equal to 9.9% of the County payroll of employees enrolled in the CCCERA pension plan. Based on its current payroll of over $572 Million that means the reported return of 1.9% achieved by the CCCERA pension fund in 2015 could result in an increased County UAAL of over $300 Million before actuarial five-year smoot...
Response: Disagree Partially
Score: 0
The respondent agrees with the finding. F5. Inclusionary zoning programs provide incentives and regulatory waivers to builders and developers who produce both affordable and market rate homes within the same project. Response: The respondent agrees with the finding. F6. The city's Inclusionary Housing ordinance helps to provide AH in that city. F7. The County's Inclusionary Housing ordinance helps to provide AH in the County. Response: The respondent agrees with the finding. F8. Inclusionary Housing Ordinances sometimes include the option for the developer to pay in lieu fees instead of constr...
R3
The Supervisors should consider issuing a formal statement on their policy toward seeking reform of the California Rule, with an explanation of how they propose to manage their unfunded pension liability in the event no steps are taken to reform or adjust the California Rule.
Response: Implemented
Score: 0
The recommendation has been implemented. The County currently provides Community Development Block Grant funds to rehabilitate both existing rental and ownership properties and has done so for over 30 years. R5. The city should explore increasing existing "impact fees" or "linkage fees" or enacting such fees in order to generate revenue with which to assist funding of AH. R6. The city should consider designating an employee within the city's planning or housing department to coordinate with property management to maintain current waiting and interest lists of available AH and ensure informatio...
F4
Unlike all other elements of compensation that it negotiates with the labor organizations, the County does not negotiate the rate of pension benefits employees will earn in future salary periods.
Response: Disagree Partially
Score: 0
The respondent agrees with the finding. F5. Inclusionary zoning programs provide incentives and regulatory waivers to builders and developers who produce both affordable and market rate homes within the same project. Response: The respondent agrees with the finding. F6. The city's Inclusionary Housing ordinance helps to provide AH in that city. F7. The County's Inclusionary Housing ordinance helps to provide AH in the County. Response: The respondent agrees with the finding. F8. Inclusionary Housing Ordinances sometimes include the option for the developer to pay in lieu fees instead of constr...
R4
The Supervisors should consider securing a legal opinion from outside counsel experienced in the field of pension and collective bargaining law on the merits of a legal challenge to the California Rule based on the argument that the Rule should now be modified based on California’s collective bargaining system for public employees.
Response: Implemented
Score: 0
The recommendation has been implemented. The County currently provides Community Development Block Grant funds to rehabilitate both existing rental and ownership properties and has done so for over 30 years. R5. The city should explore increasing existing "impact fees" or "linkage fees" or enacting such fees in order to generate revenue with which to assist funding of AH. R6. The city should consider designating an employee within the city's planning or housing department to coordinate with property management to maintain current waiting and interest lists of available AH and ensure informatio...
F5
The reason the County does not negotiate such pension benefits is due to a long- standing legal precedent in California, known as the California Rule, which holds that public employees are covered by an implied contract on their first day of service guaranteeing that the level of pension benefits they earn each year may not be decreased in future years unless replaced by benefits comparable in value for the employee.
Response: Disagree Partially
Score: 0
The respondent agrees with the finding. F6. The city's Inclusionary Housing ordinance helps to provide AH in that city. F7. The County's Inclusionary Housing ordinance helps to provide AH in the County. Response: The respondent agrees with the finding. F8. Inclusionary Housing Ordinances sometimes include the option for the developer to pay in lieu fees instead of constructing AH units.
F9. The city supplements the shortage of funds for AH by requiring builders to pay impact fees, in lieu fees, or other construction and remodeling fees. <b>Response</b>: Response not required. F10. Infill cost...
F6
The California Rule is based on a case that was decided before public employees had the right to organize and engage in collective bargaining in California.
Response: Disagree Partially
Score: 0
The respondent agrees with the finding. F8. Inclusionary Housing Ordinances sometimes include the option for the developer to pay in lieu fees instead of constructing AH units.
F9. The city supplements the shortage of funds for AH by requiring builders to pay impact fees, in lieu fees, or other construction and remodeling fees. <b>Response</b>: Response not required. F10. Infill costs less to service than new development because it takes advantage of the existing infrastructure. Response: The respondent partially disagrees with the finding. It is not entirely clear what is meant by "costs les...
F7
The County has not taken steps to challenge or seek legal clarification of the California Rule in a California court.
Response: Disagree Partially
Score: 0
The respondent agrees with the finding. F8. Inclusionary Housing Ordinances sometimes include the option for the developer to pay in lieu fees instead of constructing AH units.
F9. The city supplements the shortage of funds for AH by requiring builders to pay impact fees, in lieu fees, or other construction and remodeling fees. <b>Response</b>: Response not required. F10. Infill costs less to service than new development because it takes advantage of the existing infrastructure. Response: The respondent partially disagrees with the finding. It is not entirely clear what is meant by "costs les...
F8
Negotiating the terms of future pension benefits to be earned could result in substantial cost savings for the County if permitted by a court ruling.
Response: Disagree Partially
Score: 0
The respondent partially disagrees with the finding. It is not entirely clear what is meant by "costs less to service." While infill sites often offer numerous advantages including cost efficiencies, they can sometimes be more expensive to develop because such sites sometimes have aging infrastructure that is either in need of replacement or does not have the capacity to serve the new development without substantial improvements. F11. The elimination of redevelopment agencies resulted in a reduction of the number of AH units constructed in the city by eliminating a major source of funding for ...
F9
There are legal avenues open to the County to seek judicial clarification or reform of the rule without subjecting the County to major financial risks if the challenge proves unsuccessful.
Response: Disagree Partially
Score: 0
The respondent partially disagrees with the finding. It is not entirely clear what is meant by "costs less to service." While infill sites often offer numerous advantages including cost efficiencies, they can sometimes be more expensive to develop because such sites sometimes have aging infrastructure that is either in need of replacement or does not have the capacity to serve the new development without substantial improvements. F11. The elimination of redevelopment agencies resulted in a reduction of the number of AH units constructed in the city by eliminating a major source of funding for ...
▶
Board of Supervisors
September 20, 2016
• 12 responses
•
Score: -2
(+1, 8, -3)
View Details ▾
12 responses to findings and recommendations
F1
The County’s largest outstanding debts relate to its pension liabilities. The unfunded pension liabilities of the County (including ConFire) as calculated by the CCCERA actuaries in September 2015 total $1.155 Billion. In addition to this UAAL figure, the County (again including ConFire) has outstanding $329 Million of long-term pension obligation bonds.
Response: Disagree Partially
Score: 0
Respondent agrees with this finding. When these families make their wishes known to CFS staff, they update the list accordingly. F3. The County uses Foster Family Agencies (FFA) after first trying to locate suitable potential homes in the system. <u>Response</u>: Respondent agrees with this finding. F4. The foster caregivers identified through FFA are sometimes more experienced, and receive more support and training from the FFA. Response: Respondent agrees with this finding. F5. FFA social workers have lighter caseloads than County social workers. Response: Respondent agrees with this finding...
R1
The Board of Supervisors should seriously consider adopting a policy of seeking judicial clarification or reform of the California Rule.
Response: Will Not Implement
Score: -1
This recommendation will not be implemented because it is not warranted. This is being accomplished through our CCR Executive Leadership Team and the CCR Steering Committee. There is no need for an additional task force. Respondent disagrees that foster homes trained for this purpose will be less qualified. R2. The Board of Supervisors should consider directing this Task Force (R1) to track progress of the recruiting and training of kinship care and new foster families, and network with surrounding counties as to best practices in recruiting and supporting resource families. Response: This rec...
F2
The County’s unfunded pension liability will increase in any year in which the rate of return on the CCCERA pension fund does not reach at least 7.25%.
Response: Disagree Partially
Score: 0
Respondent agrees with this finding. When these families make their wishes known to CFS staff, they update the list accordingly. F3. The County uses Foster Family Agencies (FFA) after first trying to locate suitable potential homes in the system. <u>Response</u>: Respondent agrees with this finding. F4. The foster caregivers identified through FFA are sometimes more experienced, and receive more support and training from the FFA. Response: Respondent agrees with this finding. F5. FFA social workers have lighter caseloads than County social workers. Response: Respondent agrees with this finding...
R2
The Supervisors should consider empaneling a task force, a study group, or an internal committee to examine options for challenging the California Rule that would weigh the following considerations: Potential cost savings for the County; Potential resources to be freed up for other priorities such as service enhancements and other wage and benefit improvements; Opportunities to participate as an amicus curiae in existing legal cases; Opportunities for challenging the California Rule thro...
Response: Will Not Implement
Score: -1
This recommendation will not be implemented because it is not warranted. This is being accomplished through the CCR Steering Committee. There is no need for an additional task force to perform this activity. R3. The Board of Supervisors should consider directing the Task Force (R1) to explore the feasibility of creating a Mental Health Unit within CFS that would be responsible for the initial assessment and providing and/or supervising ongoing mental health care for foster youth. Response: This recommendation will not be implemented because it is not warranted. The existing CCR Executive Leade...
F3
According to the most recent CCCERA actuarial report, for every 1% drop below the CCCERA assumed rate of return of 7.25% the County’s unfunded pension liability will increase by a figure equal to 9.9% of the County payroll of employees enrolled in the CCCERA pension plan. Based on its current payroll of over $572 Million that means the reported return of 1.9% achieved by the CCCERA pension fund in 2015 could result in an increased County UAAL of over $300 Million before actuarial five-year smoot...
Response: Disagree Partially
Score: 0
Respondent agrees with this finding. F5. FFA social workers have lighter caseloads than County social workers. Response: Respondent agrees with this finding. F6. There is a shortage of available, qualified foster homes in the County, as evidenced by the 384 youth that are currently located in out-of-county foster homes. <u>Response</u>: Respondent agrees in part with this finding. There is a shortage of foster homes. however, it is important to note many of these youth are placed with relatives out of county. F7. Children and Family Services (CFS) selects foster parents recruited by the County...
R3
The Supervisors should consider issuing a formal statement on their policy toward seeking reform of the California Rule, with an explanation of how they propose to manage their unfunded pension liability in the event no steps are taken to reform or adjust the California Rule.
Response: Will Not Implement
Score: -1
This recommendation will not be implemented because it is not warranted. The existing CCR Executive Leadership Team is assessing the provision of mental health services for foster care youth.
R4. The Board of Supervisors should consider directing CFS to carefully monitor the costs of supporting a foster family and lobby the California Department of Social Services (CDSS) for more financial support for wraparound services to these families based on the documented actual costs. Response: This recommendation will be implemented as part of the ongoing budget review and the County's legislative ad...
F4
Unlike all other elements of compensation that it negotiates with the labor organizations, the County does not negotiate the rate of pension benefits employees will earn in future salary periods.
Response: Disagree Partially
Score: 0
Respondent agrees with this finding. F5. FFA social workers have lighter caseloads than County social workers. Response: Respondent agrees with this finding. F6. There is a shortage of available, qualified foster homes in the County, as evidenced by the 384 youth that are currently located in out-of-county foster homes. <u>Response</u>: Respondent agrees in part with this finding. There is a shortage of foster homes. however, it is important to note many of these youth are placed with relatives out of county. F7. Children and Family Services (CFS) selects foster parents recruited by the County...
R4
The Supervisors should consider securing a legal opinion from outside counsel experienced in the field of pension and collective bargaining law on the merits of a legal challenge to the California Rule based on the argument that the Rule should now be modified based on California’s collective bargaining system for public employees.
Response: Will Implement
Score: +1
This recommendation will be implemented as part of the ongoing budget review and the County's legislative advocacy program. R5. The Board of Supervisors should consider making it a priority to hire at least two full time foster family recruiters, who are classified to be able to work flexible hours, and are expected to be involved with higher level staff in recruiting presentations to recruit new Foster parents, at such time as funds to do so become available. Response: This recommendation will be implemented to the extent that Federal and State funding is available. R6. The Board of Superviso...
F5
The reason the County does not negotiate such pension benefits is due to a long- standing legal precedent in California, known as the California Rule, which holds that public employees are covered by an implied contract on their first day of service guaranteeing that the level of pension benefits they earn each year may not be decreased in future years unless replaced by benefits comparable in value for the employee.
Response: Disagree Partially
Score: 0
Respondent agrees with this finding. F6. There is a shortage of available, qualified foster homes in the County, as evidenced by the 384 youth that are currently located in out-of-county foster homes. <u>Response</u>: Respondent agrees in part with this finding. There is a shortage of foster homes. however, it is important to note many of these youth are placed with relatives out of county. F7. Children and Family Services (CFS) selects foster parents recruited by the County instead of by FFA because they cost approximately 40 percent less and the County
foster parents are better known to the...
F7
The County has not taken steps to challenge or seek legal clarification of the California Rule in a California court.
Response: Disagree Partially
Score: 0
Respondent agrees in part with this finding. Foster parents known to CFS and with whom there is a documented history are often preferable placements, but placement decisions are based on the best possible alternative for the child. F8. The County has not performed a "gap" analysis to specifically identify the type of foster homes most needed. <u>Response</u>: Respondent agrees with this finding. There is no available funding for this activity. F9. There is a shortage of foster parents willing and able to take in teenagers. Response: Respondent agrees with this finding. F10. Foster family recru...
F8
Negotiating the terms of future pension benefits to be earned could result in substantial cost savings for the County if permitted by a court ruling.
Response: Disagree Partially
Score: 0
Respondent agrees with this finding. F10. Foster family recruitment efforts have not kept up with the need for foster families. Response: Respondent agrees with this finding. F11. The CFS recruiting position, which is the position that is responsible for foster parent recruitment, has not been filled and is currently staffed by one person on a half-time basis. <u>Response</u>: Respondent disagrees with this finding. The position is filled with a full time recruiter. F12. CFS is not accumulating information to help measure outcomes of County foster youth and determine which providers are the mo...
F9
There are legal avenues open to the County to seek judicial clarification or reform of the rule without subjecting the County to major financial risks if the challenge proves unsuccessful.
Response: Disagree Partially
Score: 0
Respondent agrees with this finding. F10. Foster family recruitment efforts have not kept up with the need for foster families. Response: Respondent agrees with this finding. F11. The CFS recruiting position, which is the position that is responsible for foster parent recruitment, has not been filled and is currently staffed by one person on a half-time basis. <u>Response</u>: Respondent disagrees with this finding. The position is filled with a full time recruiter. F12. CFS is not accumulating information to help measure outcomes of County foster youth and determine which providers are the mo...
▶
Board of Supervisors
September 15, 2016
•
5 pages
• 12 responses
•
Score: -1
(+2, 7, -3)
View Details ▾
12 responses to findings and recommendations
F1
The County’s largest outstanding debts relate to its pension liabilities. The unfunded pension liabilities of the County (including ConFire) as calculated by the CCCERA actuaries in September 2015 total $1.155 Billion. In addition to this UAAL figure, the County (again including ConFire) has outstanding $329 Million of long-term pension obligation bonds.
Response: Disagree Partially
Score: 0
Agree. F2. The County is now 15 months into developing and implementing this comprehensive system of care for victims of CSEC that it began developing in January 2015. Agree. Response: F3. A CSEC Protocol, which provides a comprehensive system of care for victims of CSEC, was prepared under the leadership of CFS. Response: Agree. F4. The CSEC Protocol provides the framework for cooperation and coordination among the County, its cities and NGO's. Response: Agree. F5. The State Department of Social Services has released Contra Costa County's allocations of CSEC monies under the Commercially Sexu...
F2
The County’s unfunded pension liability will increase in any year in which the rate of return on the CCCERA pension fund does not reach at least 7.25%.
Response: Disagree Partially
Score: 0
F3. A CSEC Protocol, which provides a comprehensive system of care for victims of CSEC, was prepared under the leadership of CFS. Response: Agree. F4. The CSEC Protocol provides the framework for cooperation and coordination among the County, its cities and NGO's. Response: Agree. F5. The State Department of Social Services has released Contra Costa County's allocations of CSEC monies under the Commercially Sexually Exploited Children Program administered by the State Department of Social Services. Agree. Response: F6. Many social workers in CFS, law enforcement, officers in Juvenile Hall and ...
R2
The Supervisors should consider empaneling a task force, a study group, or an internal committee to examine options for challenging the California Rule that would weigh the following considerations: Potential cost savings for the County; Potential resources to be freed up for other priorities such as service enhancements and other wage and benefit improvements; Opportunities to participate as an amicus curiae in existing legal cases; Opportunities for challenging the California Rule thro...
Response: Will Not Implement
Score: -1
agrees that interagency partners should develop their own CSEC protocols. However, we disagree that the CSEC Protocols should be submitted to CFS for approval. Partner agencies, such as city councils, should participate in the Zero Tolerance for Human Trafficking Coalition meetings and submit their protocols to the Human Trafficking Coalition Executive Team for inclusion in the Human Trafficking Operating Guidelines, which is a document that includes all entities involved in Human Trafficking countywide. R3. The Board of Supervisors should consider directing CFS, as the lead implementing burea...
F3
According to the most recent CCCERA actuarial report, for every 1% drop below the CCCERA assumed rate of return of 7.25% the County’s unfunded pension liability will increase by a figure equal to 9.9% of the County payroll of employees enrolled in the CCCERA pension plan. Based on its current payroll of over $572 Million that means the reported return of 1.9% achieved by the CCCERA pension fund in 2015 could result in an increased County UAAL of over $300 Million before actuarial five-year smoot...
Response: Disagree Partially
Score: 0
Agree. F4. The CSEC Protocol provides the framework for cooperation and coordination among the County, its cities and NGO's. Response: Agree. F5. The State Department of Social Services has released Contra Costa County's allocations of CSEC monies under the Commercially Sexually Exploited Children Program administered by the State Department of Social Services. Agree. Response: F6. Many social workers in CFS, law enforcement, officers in Juvenile Hall and victim advocates in the DA's office are not implementing the CSEC Protocol because they have not seen it. Disagree. The protocol Memorandum ...
R3
The Supervisors should consider issuing a formal statement on their policy toward seeking reform of the California Rule, with an explanation of how they propose to manage their unfunded pension liability in the event no steps are taken to reform or adjust the California Rule.
Response: Will Implement
Score: +1
proper role of the Human Trafficking Policy, Planning and Data Committee and this Committee has the clear goal of implementing the Protocol and working with required WIC 16524 partner agencies to develop their own internal policies around CSEC. R4. The Board of Supervisors should consider directing CFS to expand its CSEC Response flow Chart to include all critical steps to be taken for the welfare of the child victim, including mental health evaluation by the Health Department and child welfare hold requests by the social workers.
CARING FOR THE VICTIMS- COMMERCIAL SEXUAL EXPLOITATION IN CONT...
F4
Unlike all other elements of compensation that it negotiates with the labor organizations, the County does not negotiate the rate of pension benefits employees will earn in future salary periods.
Response: Disagree Partially
Score: 0
Agree. F5. The State Department of Social Services has released Contra Costa County's allocations of CSEC monies under the Commercially Sexually Exploited Children Program administered by the State Department of Social Services. Agree. Response: F6. Many social workers in CFS, law enforcement, officers in Juvenile Hall and victim advocates in the DA's office are not implementing the CSEC Protocol because they have not seen it. Disagree. The protocol Memorandum of Understanding among the partner agencies that Response: addresses the requirements of Welfare and Institutions Code (WIC) 16524, inc...
R4
The Supervisors should consider securing a legal opinion from outside counsel experienced in the field of pension and collective bargaining law on the merits of a legal challenge to the California Rule based on the argument that the Rule should now be modified based on California’s collective bargaining system for public employees.
Response: Will Not Implement
Score: -1
future. The County agrees that the CSEC flow chart can be expanded to include other steps in CSEC response. The flow chart can be used to engage other departments and agencies to contribute and finalize protocols. R5. The Board of Supervisors should consider directing CFS to train or hire specialized CSEC personnel who will serve as points of primary referral and assist in navigating the services provided to victims of CSEC utilizing funds provided by the State Department of Social Services. The recommendation will not be implemented because it is not warranted or is not Response: reasonable. ...
F5
The reason the County does not negotiate such pension benefits is due to a long- standing legal precedent in California, known as the California Rule, which holds that public employees are covered by an implied contract on their first day of service guaranteeing that the level of pension benefits they earn each year may not be decreased in future years unless replaced by benefits comparable in value for the employee.
Response: Disagree Partially
Score: 0
F6. Many social workers in CFS, law enforcement, officers in Juvenile Hall and victim advocates in the DA's office are not implementing the CSEC Protocol because they have not seen it. Disagree. The protocol Memorandum of Understanding among the partner agencies that Response: addresses the requirements of Welfare and Institutions Code (WIC) 16524, includes protocols related to screening and identification, assessment, multi-disciplinary teaming, and data collection. Each required partner agency per WIC 16524 (Child Welfare, Mental Health, Public Health, Probation, Juvenile Court) has a copy o...
F6
The California Rule is based on a case that was decided before public employees had the right to organize and engage in collective bargaining in California.
Response: Disagree Partially
Score: 0
addresses the requirements of Welfare and Institutions Code (WIC) 16524, includes protocols related to screening and identification, assessment, multi-disciplinary teaming, and data collection. Each required partner agency per WIC 16524 (Child Welfare, Mental Health, Public Health, Probation, Juvenile Court) has a copy of the protocol and are in the process of implementing the CSEC Protocol requirements. F7. CFS, the leader of the Oversight Committee, has not followed up with its interagency partners that have signed off on the Protocol, but have not submitted their own CSEC department plan/pr...
F7
The County has not taken steps to challenge or seek legal clarification of the California Rule in a California court.
Response: Disagree Partially
Score: 0
develop the Interagency Protocol. It was submitted to the California Department of Social Services (CDSS) October 1, 2015 and approved in December 2015. The work of the restructured Steering Committee, now called Human Trafficking Protocol, Policy and Data Committee, is to follow up on the Protocol and make changes as needed. This committee has followed-up with interagency partners to help assist them in creating their own CSEC plans and protocols. However, there is no statutory requirement for interagency partners to submit their own CSEC plan or protocols to CFS.
CARING FOR THE VICTIMS- COM...
F8
Negotiating the terms of future pension benefits to be earned could result in substantial cost savings for the County if permitted by a court ruling.
Response: Agree
Score: +1
finding. Respondent agrees that CFS is the mandated agency to receive all child abuse referrals. CFS is required to run a 24 hour Child Abuse Hotline and receive all suspected child abuse referrals from Law Enforcement and other mandated reporters through the hotline. All suspected exploitation of children must be reported to the CFS hotline per Senate Bill 855 (Chapter, 29 Statutes of 2014). F9. Suspected CSEC victims are being arrested and booked into Juvenile Hall for their own safety pursuant to various statues under the Welfare & Institutions Code, relating to infractions and crimes commi...
F9
There are legal avenues open to the County to seek judicial clarification or reform of the rule without subjecting the County to major financial risks if the challenge proves unsuccessful.
Response: Disagree
Score: -1
Disagree. The Juvenile Hall admits youth based on crimes committed as defined in the Penal Code. Some of those youth whose crimes meet the criteria for detention and/or commitment to Juvenile Hall programs, are also victims of commercial exploitation. Services are provided for youth who are victims of exploitation while they are detained or committed to the facility. The County Probation Department is responsible for Wards booked on a criminal charge into the Juvenile Hall following arrest by local police agencies. There are occasions where Wards are booked into the Hall, initially on a crimin...
▶
Board of Supervisors
September 15, 2016
•
3 pages
• 11 responses
•
Score: -4
(+0, 7, -4)
View Details ▾
11 responses to findings and recommendations
R1
The Board of Supervisors should seriously consider adopting a policy of seeking judicial clarification or reform of the California Rule.
Response: Will Not Implement
Score: -1
The recommendation will not be implemented at this time. The cost associated with any individual County pursuing judicial clarification or reform would be prohibitive. Any solution to this issue is best handled by the legislature.
R2.
The Supervisors should consider empaneling a task force, a study group, or an internal committee to examine options for challenging the California Rule that would weigh the following considerations: • Potential cost savings for the County; • Potential resources to be freed up for other priorities such as service enhancements and other wage and benefit improveme...
R2
The Supervisors should consider empaneling a task force, a study group, or an internal committee to examine options for challenging the California Rule that would weigh the following considerations: Potential cost savings for the County; Potential resources to be freed up for other priorities such as service enhancements and other wage and benefit improvements; Opportunities to participate as an amicus curiae in existing legal cases; Opportunities for challenging the California Rule thro...
Response: Will Not Implement
Score: -1
The Supervisors should consider empaneling a task force, a study group, or an internal committee to examine options for challenging the California Rule that would weigh the following considerations: • Potential cost savings for the County; • Potential resources to be freed up for other priorities such as service enhancements and other wage and benefit improvements; • Opportunities to participate as an amicus curiae in existing legal cases;
Opportunities for challenging the California Rule through legal proceedings such as a
declaratory relief action that would not expose the County's financi...
F3
According to the most recent CCCERA actuarial report, for every 1% drop below the CCCERA assumed rate of return of 7.25% the County’s unfunded pension liability will increase by a figure equal to 9.9% of the County payroll of employees enrolled in the CCCERA pension plan. Based on its current payroll of over $572 Million that means the reported return of 1.9% achieved by the CCCERA pension fund in 2015 could result in an increased County UAAL of over $300 Million before actuarial five-year smoot...
Response: Disagree Partially
Score: 0
The respondent neither agrees nor disagrees with the finding. The projection appears to be reasonable; however, Volatility Ratios are extremely complicated and therefore the respondent is unable to confidently respond to this finding. F4. Unlike all other elements of compensation that it negotiates with the labor organizations, the County does not negotiate the rate of pension benefits employees will earn in future salary periods. Response: The respondent partially agrees with the finding. Prior to the passage of the Public Employees' Pension Reform Act (PEPRA), the County was able to negotiat...
R3
The Supervisors should consider issuing a formal statement on their policy toward seeking reform of the California Rule, with an explanation of how they propose to manage their unfunded pension liability in the event no steps are taken to reform or adjust the California Rule.
Response: Will Not Implement
Score: -1
The recommendation will not be implemented at this time. However, the County will continue to monitor its unfunded pension liability to determine whether or not appropriate action may be necessary in the future. The Supervisors should consider securing a legal opinion from outside counsel experienced
R4.
in the field of pension and collective bargaining law on the merits of a legal challenge to the California Rule based on the argument that the Rule should now be modified based on California's collective bargaining system for public employees. Response: The recommendation will not be impleme...
F4
Unlike all other elements of compensation that it negotiates with the labor organizations, the County does not negotiate the rate of pension benefits employees will earn in future salary periods.
Response: Disagree Partially
Score: 0
The respondent partially agrees with the finding. Prior to the passage of the Public Employees' Pension Reform Act (PEPRA), the County was able to negotiate about which of the statutory pension benefit formulas available under the County Employees Retirement Law (CERL) would be available to new employees. PEPRA now specifies what the pension benefit will be for new hires, and the County cannot negotiate a different benefit. The County can and does continue to negotiate which of the statutory COLAs to the pension benefit will be applicable to new employees. In addition, the County is aware of t...
R4
The Supervisors should consider securing a legal opinion from outside counsel experienced in the field of pension and collective bargaining law on the merits of a legal challenge to the California Rule based on the argument that the Rule should now be modified based on California’s collective bargaining system for public employees.
Response: Will Not Implement
Score: -1
The recommendation will not be implemented at this time. There is no reason to secure an outside legal opinion since the County is not willing to incur the extensive time and expense that would be required to challenge the California Rule.
F5
The reason the County does not negotiate such pension benefits is due to a long- standing legal precedent in California, known as the California Rule, which holds that public employees are covered by an implied contract on their first day of service guaranteeing that the level of pension benefits they earn each year may not be decreased in future years unless replaced by benefits comparable in value for the employee.
Response: Disagree Partially
Score: 0
The respondent partially agrees with the finding. The respondent understands the term "California Rule" to mean the body of case law regarding modification of pension benefits for current employees. The County must comply not only with these cases, but also with the statutory requirements of CERL and PEPRA. F6. The California Rule is based on a case that was decided before public employees had the right to organize and engage in collective bargaining in California. Response: The respondent partially agrees with the finding. The body of case law regarding the modification of pension benefits fo...
F6
The California Rule is based on a case that was decided before public employees had the right to organize and engage in collective bargaining in California.
Response: Disagree Partially
Score: 0
The respondent partially agrees with the finding. The body of case law regarding the modification of pension benefits for current employees includes cases decided both before and after the enactment of the collective bargaining laws. F7. The County has not taken steps to challenge or seek legal clarification of the California Rule in a California court. <b>Response:</b> The respondent agrees with the finding. F8. Negotiating the terms of future pension benefits to be earned could result in substantial cost savings for the County if permitted by a court ruling. Response: The respondent partiall...
F7
The County has not taken steps to challenge or seek legal clarification of the California Rule in a California court.
Response: Disagree Partially
Score: 0
The respondent neither agrees nor disagrees with the finding. The projection appears to be reasonable; however, Volatility Ratios are extremely complicated and therefore the respondent is unable to confidently respond to this finding. F4. Unlike all other elements of compensation that it negotiates with the labor organizations, the County does not negotiate the rate of pension benefits employees will earn in future salary periods. Response: The respondent partially agrees with the finding. Prior to the passage of the Public Employees' Pension Reform Act (PEPRA), the County was able to negotiat...
F8
Negotiating the terms of future pension benefits to be earned could result in substantial cost savings for the County if permitted by a court ruling.
Response: Disagree Partially
Score: 0
The respondent partially agrees with the finding. The respondent notes that any changes would have to be negotiated with Labor Organizations and concessions that have a net savings would be very difficult to negotiate. F9. There are legal avenues open to the County to seek judicial clarification or reform of the rule without subjecting the County to major financial risks if the challenge proves unsuccessful. Response: The respondent partially agrees with the finding. While it is true that the County could seek judicial clarification, the cost of outside legal counsel to litigate this issue wou...
F9
There are legal avenues open to the County to seek judicial clarification or reform of the rule without subjecting the County to major financial risks if the challenge proves unsuccessful.
Response: Disagree Partially
Score: 0
The respondent partially agrees with the finding. While it is true that the County could seek judicial clarification, the cost of outside legal counsel to litigate this issue would be very expensive and would involve extensive amounts of attorney time. Recommendations: The Board of Supervisors should seriously consider adopting a policy of seeking judicial
R1.
clarification or reform of the California Rule. Response: The recommendation will not be implemented at this time. The cost associated with any individual County pursuing judicial clarification or reform would be prohibitive. Any solut...
▶
Board of Supervisors
September 13, 2016
•
4 pages
• 4 responses
•
Score: +4
(+4, 0, 0)
View Details ▾
4 responses to findings and recommendations
R1
The Board of Supervisors should seriously consider adopting a policy of seeking judicial clarification or reform of the California Rule.
Response: Will Implement
Score: +1
Refer to responses in referenced reports 1605, 1609, and 1612 made by the Board of Supervisors. Report 1615 on Truancy is not related to County functions. R2. The Board of Supervisors should issue a policy statement of the County's intention to provide the personnel, facilities, training, and administrative support necessary to protect the county's children in need. Response: This recommendation will be implemented through the annual County Budget process in which the Board establishes program priorities based on available revenue. The children's programs examined by the Grand Jury in reports ...
R2
The Supervisors should consider empaneling a task force, a study group, or an internal committee to examine options for challenging the California Rule that would weigh the following considerations: Potential cost savings for the County; Potential resources to be freed up for other priorities such as service enhancements and other wage and benefit improvements; Opportunities to participate as an amicus curiae in existing legal cases; Opportunities for challenging the California Rule thro...
Response: Will Implement
Score: +1
This recommendation will be implemented through the annual County Budget process in which the Board establishes program priorities based on available revenue. The children's programs examined by the Grand Jury in reports 1605 and 1612 are mandated by federal and state laws, and as such are the responsibility of those entities to provide policy direction and adequate funding for personnel, facilities, training and administrative support.
I 1 R3. The Board of Supervisors should create a position of "Youth Advocate". with the power to: a. Investigate all county agencies charged with providing se...
R3
The Supervisors should consider issuing a formal statement on their policy toward seeking reform of the California Rule, with an explanation of how they propose to manage their unfunded pension liability in the event no steps are taken to reform or adjust the California Rule.
Response: Will Implement
Score: +1
This recommendation will be evaluated through the annual County Budget process in which the Board establishes program priorities based on available revenue. A "Youth Advocate" could be a beneficial voice and champion for children in need in our county. However, rather than a charge to investigate county agencies, a better role for a Youth Advocate would be to lead and facilitate the development of a children's system of care and a network of safety net services in the county, linking public agencies, community based organizations, school based programs and law enforcement into a team of multid...
R4
The Supervisors should consider securing a legal opinion from outside counsel experienced in the field of pension and collective bargaining law on the merits of a legal challenge to the California Rule based on the argument that the Rule should now be modified based on California’s collective bargaining system for public employees.
Response: Will Implement
Score: +1
This recommendation will be implemented through the annual County Budget process in which the Board establishes program priorities based on available revenue.
▶
Board of Supervisors
September 13, 2016
•
7 pages
• 13 responses
•
Score: -3
(+0, 10, -3)
View Details ▾
13 responses to findings and recommendations
F1
The County’s largest outstanding debts relate to its pension liabilities. The unfunded pension liabilities of the County (including ConFire) as calculated by the CCCERA actuaries in September 2015 total $1.155 Billion. In addition to this UAAL figure, the County (again including ConFire) has outstanding $329 Million of long-term pension obligation bonds.
Response: Disagree Partially
Score: 0
Respondent agrees with this finding. F2. A consultant has provided high-level advice to the County Administrator concerning human resources since March 2015. The consultant's principal focus has been on preparing the department for major computer system upgrades. Response: Respondent agrees with this finding. F3. Recruitment and classification of County workers is governed by a complex set of rules. Response: Respondent agrees with this finding. F4. Decentralization of personnel management in large departments has negatively impacted communication, transparency and adherence to personnel rules...
R1
The Board of Supervisors should seriously consider adopting a policy of seeking judicial clarification or reform of the California Rule.
Response: Will Not Implement
Score: -1
The recommendation has not yet been implemented but a recruitment for this position was recently concluded with a panel interview conducted on August 19, 2016. It is anticipated that a new Director will begin employment in mid-October. R2. The Board of Supervisors should consider directing HR to develop a strategic plan that: (1) defines HR's role and authority in personnel management vis a vis the departments it services; (2) provides the degree to which centralizing specific personnel management processes is feasible and advisable, and (3) provides what processes can or should be decentraliz...
F2
The County’s unfunded pension liability will increase in any year in which the rate of return on the CCCERA pension fund does not reach at least 7.25%.
Response: Disagree Partially
Score: 0
Respondent agrees with this finding. F3. Recruitment and classification of County workers is governed by a complex set of rules. Response: Respondent agrees with this finding. F4. Decentralization of personnel management in large departments has negatively impacted communication, transparency and adherence to personnel rules. Response: Respondent agrees with this finding. F5. The Delegated Authority granted to the Health Services Department to manage many of their own personnel operations has exacerbated difficulties the Health Services Department experiences related to personnel management ra...
R2
The Supervisors should consider empaneling a task force, a study group, or an internal committee to examine options for challenging the California Rule that would weigh the following considerations: Potential cost savings for the County; Potential resources to be freed up for other priorities such as service enhancements and other wage and benefit improvements; Opportunities to participate as an amicus curiae in existing legal cases; Opportunities for challenging the California Rule thro...
Response: Will Not Implement
Score: -1
This recommendation has not yet been implemented but will be part of the work plan of the new Human Resources Director. R3. The Board of Supervisors should consider directing HR to assess the skills and abilities of current staff as a basis for rationalizing the separation of Recruitment from Classification, and develop a staffing plan to maximize the benefit of the new configuration. Response: This recommendation will not be implemented because it is not warranted. An organizational assessment was performed prior to implementing the existing structure. It is expected that the new Human Resour...
F3
According to the most recent CCCERA actuarial report, for every 1% drop below the CCCERA assumed rate of return of 7.25% the County’s unfunded pension liability will increase by a figure equal to 9.9% of the County payroll of employees enrolled in the CCCERA pension plan. Based on its current payroll of over $572 Million that means the reported return of 1.9% achieved by the CCCERA pension fund in 2015 could result in an increased County UAAL of over $300 Million before actuarial five-year smoot...
Response: Disagree Partially
Score: 0
Respondent agrees with this finding. F4. Decentralization of personnel management in large departments has negatively impacted communication, transparency and adherence to personnel rules. Response: Respondent agrees with this finding. F5. The Delegated Authority granted to the Health Services Department to manage many of their own personnel operations has exacerbated difficulties the Health Services Department experiences related to personnel management rather than solved them. Lack of oversight from HR has led to problems such as position misclassification, incorrect use of overtime and inco...
R3
The Supervisors should consider issuing a formal statement on their policy toward seeking reform of the California Rule, with an explanation of how they propose to manage their unfunded pension liability in the event no steps are taken to reform or adjust the California Rule.
Response: Will Not Implement
Score: -1
This recommendation will not be implemented because it is not warranted. An organizational assessment was performed prior to implementing the existing structure. It is expected that the new Human Resources Director will re-assess the entire department's activities and staffing and make appropriate recommendations for change.
٠ R4. The Board of Supervisors should consider directing the County Administrator to end the delegated authority to the Health Services Department for personnel actions. Response: This recommendation requires further review which will occur when the new Human Resources Di...
F4
Unlike all other elements of compensation that it negotiates with the labor organizations, the County does not negotiate the rate of pension benefits employees will earn in future salary periods.
Response: Disagree Partially
Score: 0
Respondent agrees with this finding. F5. The Delegated Authority granted to the Health Services Department to manage many of their own personnel operations has exacerbated difficulties the Health Services Department experiences related to personnel management rather than solved them. Lack of oversight from HR has led to problems such as position misclassification, incorrect use of overtime and inconsistent attention to personnel rules. Response: Respondent agrees with this finding. F6. The Personnel Management Regulations have not been updated since 1982, the Salary Regulations have not been u...
R4
The Supervisors should consider securing a legal opinion from outside counsel experienced in the field of pension and collective bargaining law on the merits of a legal challenge to the California Rule based on the argument that the Rule should now be modified based on California’s collective bargaining system for public employees.
Response: Implemented
Score: 0
This recommendation requires further review which will occur when the new Human Resources Director is appointed. R5. HR should assess the potential impact on HR staffing resulting from withdrawal of the delegated authority. Response: This recommendation requires further review which will occur when the new Human Resources Director is appointed. R6. The Board of Supervisors should consider directing HR, in coordination with County Counsel, the County Administrator and County department heads, to review and update the Personnel Management Regulations and the Salary Regulations as needed. Respons...
F5
The reason the County does not negotiate such pension benefits is due to a long- standing legal precedent in California, known as the California Rule, which holds that public employees are covered by an implied contract on their first day of service guaranteeing that the level of pension benefits they earn each year may not be decreased in future years unless replaced by benefits comparable in value for the employee.
Response: Disagree Partially
Score: 0
Respondent agrees with this finding. F6. The Personnel Management Regulations have not been updated since 1982, the Salary Regulations have not been updated since 1985, and the Personnel Services Procedures Manual has not been revised since 2007. Response: Respondent agrees with this finding.
F7. HR was directed to streamline its operations and eliminate paperwork due to ongoing concerns about delays in the recruitment and selection process. Response: Respondent agrees with this finding. F8. The principal computer system used by HR, PeopleSoft, has not been upgraded for years. Response: Respo...
F6
The California Rule is based on a case that was decided before public employees had the right to organize and engage in collective bargaining in California.
Response: Disagree Partially
Score: 0
Respondent agrees with this finding.
F7. HR was directed to streamline its operations and eliminate paperwork due to ongoing concerns about delays in the recruitment and selection process. Response: Respondent agrees with this finding. F8. The principal computer system used by HR, PeopleSoft, has not been upgraded for years. Response: Respondent agrees with this finding. In June 2015, the County launched a project to upgrade its PeopleSoft HCM System which has not been updated since 2004. The PeopleSoft upgrade project consists of three key elements: 1) Install PeopleSoft Version 9.2 which wi...
F7
The County has not taken steps to challenge or seek legal clarification of the California Rule in a California court.
Response: Disagree Partially
Score: 0
Respondent agrees with this finding. F8. The principal computer system used by HR, PeopleSoft, has not been upgraded for years. Response: Respondent agrees with this finding. In June 2015, the County launched a project to upgrade its PeopleSoft HCM System which has not been updated since 2004. The PeopleSoft upgrade project consists of three key elements: 1) Install PeopleSoft Version 9.2 which will have new navigation and expanded functionality for each core application; 2) Benefits Administration which includes automated benefits eligibility and employee self-service for annual benefits enro...
F8
Negotiating the terms of future pension benefits to be earned could result in substantial cost savings for the County if permitted by a court ruling.
Response: Disagree Partially
Score: 0
Respondent agrees with this finding. In June 2015, the County launched a project to upgrade its PeopleSoft HCM System which has not been updated since 2004. The PeopleSoft upgrade project consists of three key elements: 1) Install PeopleSoft Version 9.2 which will have new navigation and expanded functionality for each core application; 2) Benefits Administration which includes automated benefits eligibility and employee self-service for annual benefits enrollment as well as life changes that occur during the year such marriage, new child, address or beneficiary changes; and 3) Recruitment pro...
F9
There are legal avenues open to the County to seek judicial clarification or reform of the rule without subjecting the County to major financial risks if the challenge proves unsuccessful.
Response: Disagree Partially
Score: 0
Respondent agrees with this finding. F10. A major effort managed by HR and Cherry Road Consultants is underway to upgrade PeopleSoft and to install a new recruitment and "onboarding" system called Taleo. Response: Respondent agrees with this finding. F11. New computer systems will significantly streamline HR processing by eliminating most paper documents, facilitating tracking and process management and providing customized management information both to HR and departmental managers. Response: Respondent agrees with this finding. F12. The HR Personnel Services Unit is responsible for both recr...
▶
Board of Supervisors
September 13, 2016
•
7 pages
• 13 responses
•
Score: -3
(+0, 10, -3)
View Details ▾
13 responses to findings and recommendations
F1
The County’s largest outstanding debts relate to its pension liabilities. The unfunded pension liabilities of the County (including ConFire) as calculated by the CCCERA actuaries in September 2015 total $1.155 Billion. In addition to this UAAL figure, the County (again including ConFire) has outstanding $329 Million of long-term pension obligation bonds.
Response: Disagree Partially
Score: 0
Respondent agrees with the finding. The Employment and Human Services Department (EHSD) continues to focus on clearing the backlog. F2. Approximately 300 welfare fraud cases have been released for review to the DA from July through December 2015. Response: Respondent disagrees with the finding. As of December 2015, 115 cases had been referred to the DA. F3. Although the amount of money distributed by EHSD in the three main programs is roughly $185 million annually, the County only pays $4.4 million of this amount, while the remainder of these benefits is paid for by the federal and state gover...
R1
The Board of Supervisors should seriously consider adopting a policy of seeking judicial clarification or reform of the California Rule.
Response: Will Not Implement
Score: -1
The recommendation will not be implemented. These are represented positions and any change to pay or benefits would require meeting and conferring with their union. Additionally, Contra Costa County has an independent retirement system and participation in that benefit is not discretionary pursuant to State law. There are currently no permanent County employees without benefits. R2. The Board of Supervisors should consider allowing Welfare Fraud Investigators to wear firearms at their personal discretion while conducting UHVs. Response: The recommendation will not be implemented. The safety of...
F2
The County’s unfunded pension liability will increase in any year in which the rate of return on the CCCERA pension fund does not reach at least 7.25%.
Response: Disagree Partially
Score: 0
Respondent agrees with the finding. The Employment and Human Services Department (EHSD) continues to focus on clearing the backlog. F2. Approximately 300 welfare fraud cases have been released for review to the DA from July through December 2015. Response: Respondent disagrees with the finding. As of December 2015, 115 cases had been referred to the DA. F3. Although the amount of money distributed by EHSD in the three main programs is roughly $185 million annually, the County only pays $4.4 million of this amount, while the remainder of these benefits is paid for by the federal and state gover...
R2
The Supervisors should consider empaneling a task force, a study group, or an internal committee to examine options for challenging the California Rule that would weigh the following considerations: Potential cost savings for the County; Potential resources to be freed up for other priorities such as service enhancements and other wage and benefit improvements; Opportunities to participate as an amicus curiae in existing legal cases; Opportunities for challenging the California Rule thro...
Response: Will Not Implement
Score: -1
The recommendation will not be implemented. The safety of all department staff is of the utmost concern to the County and EHSD. Because the Welfare Fraud Investigators must be POST certified, EHSD is assured that they have been trained and have met the requirements for basic peace officer safety. Additionally, the Welfare Fraud Investigators have other options they can utilize to ensure their safety prior to conducting an unannounced home visit (UHV). The Welfare Fraud Investigators obtain information on the adult household members reported living in the home via the California Law Enforcement...
F3
According to the most recent CCCERA actuarial report, for every 1% drop below the CCCERA assumed rate of return of 7.25% the County’s unfunded pension liability will increase by a figure equal to 9.9% of the County payroll of employees enrolled in the CCCERA pension plan. Based on its current payroll of over $572 Million that means the reported return of 1.9% achieved by the CCCERA pension fund in 2015 could result in an increased County UAAL of over $300 Million before actuarial five-year smoot...
Response: Disagree Partially
Score: 0
Respondent agrees with the finding. The three main programs being CalFRESH, CalWORKS and In Home Supportive Services (IHSS). F4. The ratio of recovered money to total payments was less than 1 percent in 2014 and 1.87 percent in 2013. Response: Respondent agrees with the finding. The recovery percentage is correct but the amount cited in the report of $1,170,629 is incorrect. The amount that was reported to the State for the period of July 1, 2014 to June 30, 2015 was $2,685,684. F5. The lack of staff to process suspected fraud cases is one of the primary reasons Contra Costa County did not rec...
R3
The Supervisors should consider issuing a formal statement on their policy toward seeking reform of the California Rule, with an explanation of how they propose to manage their unfunded pension liability in the event no steps are taken to reform or adjust the California Rule.
Response: Will Not Implement
Score: -1
The recommendation will not be implemented. While some counties use this classification it does not currently exist in Contra Costa County. The use of highly trained Welfare Fraud Investigators has proven to be a successful model that results in significant avoided fraud cost. Considering the use of other classifications is a good idea but at this time, any additional staffing needs can be met using already existing County classifications. R4. The Board of Supervisors should consider directing EHSD to hire two full time EHSD Overpayment Unit workers to fill the currently open positions.
Respo...
F4
Unlike all other elements of compensation that it negotiates with the labor organizations, the County does not negotiate the rate of pension benefits employees will earn in future salary periods.
Response: Disagree Partially
Score: 0
Respondent agrees with the finding. The recovery percentage is correct but the amount cited in the report of $1,170,629 is incorrect. The amount that was reported to the State for the period of July 1, 2014 to June 30, 2015 was $2,685,684. F5. The lack of staff to process suspected fraud cases is one of the primary reasons Contra Costa County did not recover more monies from welfare fraud in 2013 and 2014. Response: Respondent agrees with the finding. However, as of August 2016 this unit is at full staffing. F6. Contra Costa County has the third lowest welfare fraud referral rate in the nine c...
R4
The Supervisors should consider securing a legal opinion from outside counsel experienced in the field of pension and collective bargaining law on the merits of a legal challenge to the California Rule based on the argument that the Rule should now be modified based on California’s collective bargaining system for public employees.
Response: Implemented
Score: 0
The recommendation has been implemented. EHSD hired two full-time Fraud/Overpayment Unit Workers to fill the vacancies in the unit. The unit is now fully staffed with six full-time Fraud/Overpayment workers. R5. As EHSD fraud referrals increase, and as funding is identified and made available, the District Attorney should consider increasing the number of Senior Inspectors and Deputy DAs so that investigations can also be done on Electronic Benefit Transfer card fraud and internal fraud within EHSD. Response: EHSD has implemented this recommendation. A number of safeguards are in place, includ...
F5
The reason the County does not negotiate such pension benefits is due to a long- standing legal precedent in California, known as the California Rule, which holds that public employees are covered by an implied contract on their first day of service guaranteeing that the level of pension benefits they earn each year may not be decreased in future years unless replaced by benefits comparable in value for the employee.
Response: Disagree Partially
Score: 0
Respondent agrees with the finding. However, as of August 2016 this unit is at full staffing. F6. Contra Costa County has the third lowest welfare fraud referral rate in the nine county Bay Areas and is at one-third of the statewide rate. Response: Respondent disagrees with the finding. While the information on the fraud referral rate may be correct, county to county comparisons are not accurate indicators. There are a number of
factors that influence fraud referrals such as staffing, caseload size, whether or not the county has an early fraud prevention program, and the various county practi...
F6
The California Rule is based on a case that was decided before public employees had the right to organize and engage in collective bargaining in California.
Response: Disagree Partially
Score: 0
Respondent disagrees with the finding. While the information on the fraud referral rate may be correct, county to county comparisons are not accurate indicators. There are a number of
factors that influence fraud referrals such as staffing, caseload size, whether or not the county has an early fraud prevention program, and the various county practices and approaches regarding fraud referral efforts. Contra Costa County's efforts to detect and prevent early fraud contributes to the low rate of fraud referrals. F7. There are currently two Welfare Fraud Investigators and one Welfare Fraud Invest...
F7
The County has not taken steps to challenge or seek legal clarification of the California Rule in a California court.
Response: Disagree Partially
Score: 0
Respondent agrees with the finding. F8. EHSD is authorized to fill five Welfare Fraud Investigator positions. Response: Respondent agrees with the finding. F9. The County has difficultly hiring and retaining Welfare Fraud Investigators. Response: Respondent disagrees in part with the finding. Retaining investigators has not been a problem, as historically, voluntary retirement has been the reason for most of the vacancies. Welfare Fraud Investigators are safety positions and, in addition to a requirement of possessing a Peace Officer Standards and Training (POST) certification, they must pass ...
F8
Negotiating the terms of future pension benefits to be earned could result in substantial cost savings for the County if permitted by a court ruling.
Response: Disagree Partially
Score: 0
Respondent agrees with the finding. F9. The County has difficultly hiring and retaining Welfare Fraud Investigators. Response: Respondent disagrees in part with the finding. Retaining investigators has not been a problem, as historically, voluntary retirement has been the reason for most of the vacancies. Welfare Fraud Investigators are safety positions and, in addition to a requirement of possessing a Peace Officer Standards and Training (POST) certification, they must pass a full background check, and psychological and physical examinations which is a more rigorous selection process than for...
F9
There are legal avenues open to the County to seek judicial clarification or reform of the rule without subjecting the County to major financial risks if the challenge proves unsuccessful.
Response: Disagree Partially
Score: 0
Respondent disagrees in part with the finding. Retaining investigators has not been a problem, as historically, voluntary retirement has been the reason for most of the vacancies. Welfare Fraud Investigators are safety positions and, in addition to a requirement of possessing a Peace Officer Standards and Training (POST) certification, they must pass a full background check, and psychological and physical examinations which is a more rigorous selection process than for most County employees. Even when there is a sufficient pool of candidates, the POST requirements and the background process el...
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Board of Supervisors
August 16, 2016
•
9 pages
• 3 responses
•
Score: +3
(+3, 0, 0)
View Details ▾
3 responses to findings and recommendations
F4
Unlike all other elements of compensation that it negotiates with the labor organizations, the County does not negotiate the rate of pension benefits employees will earn in future salary periods.
Response: Agree
Score: +1
No response is required of the County. F6. The Army Corp of Engineers inspects federal levees, as well as non-federal levees that qualify for the Rehabilitation and Inspection Program. Response: No response is required of the County. F7. All of our County's levees are non-federal levees and the only non-federal levees in
the County that qualify for participation in the Rehabilitation and Inspection Program are in Holland and Byron Reclamation Districts. <b>Response</b>: No response is required of the County. F8. The only levees in the County that are independently evaluated for structural int...
F5
The reason the County does not negotiate such pension benefits is due to a long- standing legal precedent in California, known as the California Rule, which holds that public employees are covered by an implied contract on their first day of service guaranteeing that the level of pension benefits they earn each year may not be decreased in future years unless replaced by benefits comparable in value for the employee.
Response: Agree
Score: +1
No response is required of the County. F6. The Army Corp of Engineers inspects federal levees, as well as non-federal levees that qualify for the Rehabilitation and Inspection Program. Response: No response is required of the County. F7. All of our County's levees are non-federal levees and the only non-federal levees in
the County that qualify for participation in the Rehabilitation and Inspection Program are in Holland and Byron Reclamation Districts. <b>Response</b>: No response is required of the County. F8. The only levees in the County that are independently evaluated for structural int...
F6
The California Rule is based on a case that was decided before public employees had the right to organize and engage in collective bargaining in California.
Response: Agree
Score: +1
No response is required of the County. F7. All of our County's levees are non-federal levees and the only non-federal levees in
the County that qualify for participation in the Rehabilitation and Inspection Program are in Holland and Byron Reclamation Districts. <b>Response</b>: No response is required of the County. F8. The only levees in the County that are independently evaluated for structural integrity are those in Reclamation Districts 800 and 2026, Holland and Byron. <b>Response</b>: No response is required of the County. F9. LAFCO's MSR of the reclamation districts, which it performs ...
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Board of Supervisors
August 16, 2016
•
4 pages
• 13 responses
View Details ▾
13 responses to findings and recommendations
F1
The County’s largest outstanding debts relate to its pension liabilities. The unfunded pension liabilities of the County (including ConFire) as calculated by the CCCERA actuaries in September 2015 total $1.155 Billion. In addition to this UAAL figure, the County (again including ConFire) has outstanding $329 Million of long-term pension obligation bonds.
Response: Unknown
Score: 0
R1
The Board of Supervisors should seriously consider adopting a policy of seeking judicial clarification or reform of the California Rule.
Response: Unknown
Score: 0
F2
The County’s unfunded pension liability will increase in any year in which the rate of return on the CCCERA pension fund does not reach at least 7.25%.
Response: Unknown
Score: 0
R2
The Supervisors should consider empaneling a task force, a study group, or an internal committee to examine options for challenging the California Rule that would weigh the following considerations: Potential cost savings for the County; Potential resources to be freed up for other priorities such as service enhancements and other wage and benefit improvements; Opportunities to participate as an amicus curiae in existing legal cases; Opportunities for challenging the California Rule thro...
Response: Unknown
Score: 0
F3
According to the most recent CCCERA actuarial report, for every 1% drop below the CCCERA assumed rate of return of 7.25% the County’s unfunded pension liability will increase by a figure equal to 9.9% of the County payroll of employees enrolled in the CCCERA pension plan. Based on its current payroll of over $572 Million that means the reported return of 1.9% achieved by the CCCERA pension fund in 2015 could result in an increased County UAAL of over $300 Million before actuarial five-year smoot...
Response: Unknown
Score: 0
R3
The Supervisors should consider issuing a formal statement on their policy toward seeking reform of the California Rule, with an explanation of how they propose to manage their unfunded pension liability in the event no steps are taken to reform or adjust the California Rule.
Response: Unknown
Score: 0
F4
Unlike all other elements of compensation that it negotiates with the labor organizations, the County does not negotiate the rate of pension benefits employees will earn in future salary periods.
Response: Unknown
Score: 0
R4
The Supervisors should consider securing a legal opinion from outside counsel experienced in the field of pension and collective bargaining law on the merits of a legal challenge to the California Rule based on the argument that the Rule should now be modified based on California’s collective bargaining system for public employees.
Response: Unknown
Score: 0
F5
The reason the County does not negotiate such pension benefits is due to a long- standing legal precedent in California, known as the California Rule, which holds that public employees are covered by an implied contract on their first day of service guaranteeing that the level of pension benefits they earn each year may not be decreased in future years unless replaced by benefits comparable in value for the employee.
Response: Unknown
Score: 0
F6
The California Rule is based on a case that was decided before public employees had the right to organize and engage in collective bargaining in California.
Response: Unknown
Score: 0
F7
The County has not taken steps to challenge or seek legal clarification of the California Rule in a California court.
Response: Unknown
Score: 0
F8
Negotiating the terms of future pension benefits to be earned could result in substantial cost savings for the County if permitted by a court ruling.
Response: Unknown
Score: 0
F9
There are legal avenues open to the County to seek judicial clarification or reform of the rule without subjecting the County to major financial risks if the challenge proves unsuccessful.
Response: Unknown
Score: 0
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Board of Supervisors
August 16, 2016
•
6 pages
• 6 responses
•
Score: -2
(+2, 0, -4)
View Details ▾
6 responses to findings and recommendations
R1
The Board of Supervisors should seriously consider adopting a policy of seeking judicial clarification or reform of the California Rule.
Response: Will Not Implement
Score: -1
The recommendation will not be implemented because it is not warranted. The Flood Control District, Clean Water Program and County Water Agency work through the Transportation, Water and Infrastructure Committee (TWIC), a two-member committee of the Board of Supervisors that reports directly to the full board. The TWIC engages with County staff and special district representatives to discuss water issues, and provides direction to staff and recommendations to the Board of Supervisors. In addition to the TWIC, the State encouraged counties and other agencies involved in water issues to particip...
R2
The Supervisors should consider empaneling a task force, a study group, or an internal committee to examine options for challenging the California Rule that would weigh the following considerations: Potential cost savings for the County; Potential resources to be freed up for other priorities such as service enhancements and other wage and benefit improvements; Opportunities to participate as an amicus curiae in existing legal cases; Opportunities for challenging the California Rule thro...
Response: Will Not Implement
Score: -1
The recommendation will not be implemented because it is not
reasonable. The first priority for the County and Flood Control District should be maintenance and continued operation of the current facilities. Capture and reuse of stormwater should be investigated but not mandated. Once again, stormwater is difficult to store after it is captured. After it is stored, a distribution system to deliver and utilize the stormwater will need to be developed. Currently a distribution system does not exist, and will be expensive to construct. R5. The Board of Supervisors should consider adopting ordinan...
R3
The Supervisors should consider issuing a formal statement on their policy toward seeking reform of the California Rule, with an explanation of how they propose to manage their unfunded pension liability in the event no steps are taken to reform or adjust the California Rule.
Response: Will Not Implement
Score: -1
The recommendation will not be implemented because it is not
reasonable. The first priority for the County and Flood Control District should be maintenance and continued operation of the current facilities. Capture and reuse of stormwater should be investigated but not mandated. Once again, stormwater is difficult to store after it is captured. After it is stored, a distribution system to deliver and utilize the stormwater will need to be developed. Currently a distribution system does not exist, and will be expensive to construct. R5. The Board of Supervisors should consider adopting ordinan...
R4
The Supervisors should consider securing a legal opinion from outside counsel experienced in the field of pension and collective bargaining law on the merits of a legal challenge to the California Rule based on the argument that the Rule should now be modified based on California’s collective bargaining system for public employees.
Response: Will Not Implement
Score: -1
The recommendation will not be implemented because it is not
reasonable. The first priority for the County and Flood Control District should be maintenance and continued operation of the current facilities. Capture and reuse of stormwater should be investigated but not mandated. Once again, stormwater is difficult to store after it is captured. After it is stored, a distribution system to deliver and utilize the stormwater will need to be developed. Currently a distribution system does not exist, and will be expensive to construct. R5. The Board of Supervisors should consider adopting ordinan...
F6
The California Rule is based on a case that was decided before public employees had the right to organize and engage in collective bargaining in California.
Response: Agree
Score: +1
The respondent agrees with the finding. The County's Clean Water
Program is currently focused on National Pollutant Discharge Elimination System (NPDES) compliance for the permit issued by the Regional Water Quality Control Board (the State agency that regulates stormwater discharges into creeks, the bay, and the delta). The new permit requires the County to investigate reuse of stormwaters, which the Clean Water programs will be investigating during the next term of the permit (five years). Once the stormwater is captured, the next challenge will be a distribution system to deliver, and a pl...
F7
The County has not taken steps to challenge or seek legal clarification of the California Rule in a California court.
Response: Agree
Score: +1
The respondent agrees with the finding. The County's Clean Water
Program is currently focused on National Pollutant Discharge Elimination System (NPDES) compliance for the permit issued by the Regional Water Quality Control Board (the State agency that regulates stormwater discharges into creeks, the bay, and the delta). The new permit requires the County to investigate reuse of stormwaters, which the Clean Water programs will be investigating during the next term of the permit (five years). Once the stormwater is captured, the next challenge will be a distribution system to deliver, and a pl...
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Board of Supervisors
August 02, 2016
• 13 responses
•
Score: 0
(+2, 9, -2)
View Details ▾
13 responses to findings and recommendations
F1
The County’s largest outstanding debts relate to its pension liabilities. The unfunded pension liabilities of the County (including ConFire) as calculated by the CCCERA actuaries in September 2015 total $1.155 Billion. In addition to this UAAL figure, the County (again including ConFire) has outstanding $329 Million of long-term pension obligation bonds.
Response: Disagree Partially
Score: 0
The respondent disagrees partially with the finding. The Contra Costa County Health Services Department-Environmental Health Division (EHD) has the authority to oversee the construction and destruction of water wells in the county. EHD also plays an on-going monitoring role for water wells that are part of a small water system in the county. Small water systems (community and non-community water systems) include a water system that serves two to 199 service connections. EHD does not play an on-going role for water wells that are part of medium or large water systems in the county. Those with m...
R1
The Board of Supervisors should seriously consider adopting a policy of seeking judicial clarification or reform of the California Rule.
Response: Will Implement
Score: +1
The recommendation has not yet been implemented, but will be implemented in the future. EHD will make water quality information directed at private well owners available on its website. The primary focus of the website will be to direct the interested web visitor to the State Water Resources Control Board website, which has links to Fact Sheets on groundwater and private domestic welltesting. Staff can make these handouts available in hard copy upon request. R2. As funds are identified or become available, the Board of Supervisors should consider directing appropriate County departments to rev...
F2
The County’s unfunded pension liability will increase in any year in which the rate of return on the CCCERA pension fund does not reach at least 7.25%.
Response: Disagree Partially
Score: 0
The respondent agrees with the finding. F3. Improperly abandoned wells or undocumented wells can threaten groundwater quality because improper construction or maintenance may result in breaches in these wells that permit ground contaminants to reach potable water in lower water bearing strata. Response: The respondent agrees with the finding. Note, however, that most areas of the county do not contain surface contamination. The finding would be
appropriate in the industrial or former industrial areas of the county. Note also that as a part of any industrial contamination investigation, a well...
R2
The Supervisors should consider empaneling a task force, a study group, or an internal committee to examine options for challenging the California Rule that would weigh the following considerations: Potential cost savings for the County; Potential resources to be freed up for other priorities such as service enhancements and other wage and benefit improvements; Opportunities to participate as an amicus curiae in existing legal cases; Opportunities for challenging the California Rule thro...
Response: Will Implement
Score: +1
The recommendation has not yet been implemented, but will be implemented in the future. For several years now, EHD has collected geographical positioning system (GPS) information for new construction of water wells. EHD is pursuing having a student intern assist with obtaining GPS information for historical water wells. R3. As funds are identified or become available, the County Assessor should consider verifying that the assessed value of each parcel reflects the presence or absence of wells by reviewing assembled well data and, where discrepancies between records are identified, confirming w...
F3
According to the most recent CCCERA actuarial report, for every 1% drop below the CCCERA assumed rate of return of 7.25% the County’s unfunded pension liability will increase by a figure equal to 9.9% of the County payroll of employees enrolled in the CCCERA pension plan. Based on its current payroll of over $572 Million that means the reported return of 1.9% achieved by the CCCERA pension fund in 2015 could result in an increased County UAAL of over $300 Million before actuarial five-year smoot...
Response: Disagree Partially
Score: 0
, the need to pursue such a monitoring program is not needed. F5. EHD and the County Assessor can access DWR well log data, water district backflow preventer installation records, and related historical data that tie well locations to specific property parcels. Response: The respondent agrees with the finding. The County Assessor and EHD can access Department of Water Resources (DWR) well log data and related historical data that are made available to the County either by manually sorting through paper records or by accessing electronic data as allowed by the DWR and, likewise, water district ...
R3
The Supervisors should consider issuing a formal statement on their policy toward seeking reform of the California Rule, with an explanation of how they propose to manage their unfunded pension liability in the event no steps are taken to reform or adjust the California Rule.
Response: Will Not Implement
Score: -1
The recommendation will not be implemented because it is not warranted or reasonable. The Assessor does not need to verify or review the assessed value of each parcel or to determine well status. Pursuant to Proposition 13, every water well in the State as well as Contra Costa County was valued and included on the assessment roll with a 1975 base. Modifications to the base value triggered by actions such as new construction, removals, and changes in ownership include the value of wells in their current condition. Drilling, abandoning or removing a water well requires an EHD permit. EHD notifie...
F4
Unlike all other elements of compensation that it negotiates with the labor organizations, the County does not negotiate the rate of pension benefits employees will earn in future salary periods.
Response: Disagree Partially
Score: 0
The respondent agrees with the finding. Laws currently exist that define abandoned wells and require their destruction. When such wells are identified, the EHD pursues corrective action/compliance. County Ordinance Code also requires that inactive wells that are to be used again be protected and marked. Beyond the requirements described in state law and County ordinance, the County has no role in actively monitoring the status of water wells. Based on the response to F3, the need to pursue such a monitoring program is not needed. F5. EHD and the County Assessor can access DWR well log data, wa...
R4
The Supervisors should consider securing a legal opinion from outside counsel experienced in the field of pension and collective bargaining law on the merits of a legal challenge to the California Rule based on the argument that the Rule should now be modified based on California’s collective bargaining system for public employees.
Response: Will Not Implement
Score: -1
The recommendation will not be implemented because it is not warranted. Currently, EHD comments on any proposed project in the county and would thus do so also for any flood control project during its development. EHD reviews the project from many different environmental perspectives and water protection can be included in that without any additional direction from the Board. Further, the current standards for wells protect the ground water for all communities and do not need to be modified. R5. The Board of Supervisors should consider establishing a Groundwater Advisory Council to further pro...
F5
The reason the County does not negotiate such pension benefits is due to a long- standing legal precedent in California, known as the California Rule, which holds that public employees are covered by an implied contract on their first day of service guaranteeing that the level of pension benefits they earn each year may not be decreased in future years unless replaced by benefits comparable in value for the employee.
Response: Disagree Partially
Score: 0
The respondent agrees with the finding. The County Assessor and EHD can access Department of Water Resources (DWR) well log data and related historical data that are made available to the County either by manually sorting through paper records or by accessing electronic data as allowed by the DWR and, likewise, water district backflow preventer installation records and related historical data as allowed by the water district. F6. Residents of the County who live in disadvantaged communities are more likely to have their sole potable water source come from domestic wells, which have fewer check...
F6
The California Rule is based on a case that was decided before public employees had the right to organize and engage in collective bargaining in California.
Response: Disagree Partially
Score: 0
The respondent disagrees with the finding. Most of the small water systems in the county depend on groundwater, and several of those would be included in the State description of a disadvantaged community (DAC). However, most of the small water system customers would not qualify, as they do not meet the definition of a DAC. Further, as identified in Appendix 1 of the report, most of the DACs, are in areas served by municipal water.
Contra Costa Flood Control does not have data to identify who is most at risk. Flood Control's clean water programs gather data on stream water quality, but not gr...
F7
The County has not taken steps to challenge or seek legal clarification of the California Rule in a California court.
Response: Disagree Partially
Score: 0
The respondent disagrees partially with the finding. Creation of an effective advisory council would be challenging given the inherent differences in water quantity and quality throughout the various parts of the county, and, thus, no unifying goals. The creation of groundwater agencies for those basins designated by DWR as high or medium priority is underway and is the best approach at this time. Additionally, the SGMA already requires that any interested party may participate in the development of the GSP. In fact, the GSA shall encourage the active involvement of diverse social, cultural, a...
F8
Negotiating the terms of future pension benefits to be earned could result in substantial cost savings for the County if permitted by a court ruling.
Response: Disagree Partially
Score: 0
The respondent agrees with the finding. The SGMA requires that by January 31, 2022, all basins designated as high or medium priority by the DWR shall be managed under a groundwater sustainability plan (managed by a GSA), see Section 10720.7(b) of the SGMA. With respect to low and very low priority basins, the legislature merely authorizes and encourages them to be managed under a groundwater sustainability plan. Contra Costa County has three medium priority basins for which there is a need to form a GSA and subsequent GSP. However, it was misreported in Grand Jury Report #1602 that the remaini...
F9
There are legal avenues open to the County to seek judicial clarification or reform of the rule without subjecting the County to major financial risks if the challenge proves unsuccessful.
Response: Disagree Partially
Score: 0
The respondent agrees with the finding. The SGMA requires that by January 31, 2022, all basins designated as high or medium priority by the DWR shall be managed under a groundwater sustainability plan (managed by a GSA), see Section 10720.7(b) of the SGMA. With respect to low and very low priority basins, the legislature merely authorizes and encourages them to be managed under a groundwater sustainability plan. Contra Costa County has three medium priority basins for which there is a need to form a GSA and subsequent GSP. However, it was misreported in Grand Jury Report #1602 that the remaini...
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Board of Supervisors
July 19, 2016
•
4 pages
• 1 response
View Details ▾
1 response to findings and recommendations
R1
The Board of Supervisors should seriously consider adopting a policy of seeking judicial clarification or reform of the California Rule.
Response: Unknown
Score: 0
Recommendation No. 1 above, there is already a procedure in place for assessing the ability of a defendant to pay some of all of the assessed attorney's fees, as determined by the Court, at the conclusion of a case.