Response from Beaumont-Cherry Valley Water District

Recommendations 31

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  Also, see CGC 53601 for detailed summary of the limitations and special conditions that apply to each of the above listed investment securities. CGC 53601 is attached and included by reference in this investment policy. Prohibited Investments. Under the provisions of CGC 53601.6 and 53601.5, the Beaumont-Cherry Valley Water District shall not invest any funds covered by this Investment Policy in inverse floaters, range notes, interest-only strips derived from mortgage pools or any investment that may result in a zero interest accrual if held to maturity. COLLATERALIZATION All certificates of deposits must be collateralized by U.S. Treasury Obligations. Collateral must be held by a third party trustee and valued on a monthly basis. The percentage of collateralization on repurchase and reverse repurchase agreements will adhere to the amount required under CGC 53601(i)(2). SAFEKEEPING AND CUSTODY All security transactions entered into by the Beaumont-Cherry Valley Water District shall be conducted on delivery-versus-payment (VP) basis. All securities purchased or acquired shall be delivered to the Beaumont-Cherry Valley Water District by book entry, physical delivery or by third part custodial agreement as required by CGC 53601. REPORTING In accordance with CGC 53646(b)(1), the General Manager shall submit to each member of the Board of Directors a quarterly investment report. The report shall include a complete description of the portfolio, the type of investments, the issuers, maturity dates, par values and the current market values of each component of the portfolio, including funds managed for Beaumont-Cherry Valley Water District by third party contracted managers. The report will also include the source of the portfolio valuation. As specified in CGC 53646(e), if all funds are placed in LAIF, FDIC-insured accounts and/or in a county investment pool, the foregoing report elements may be replaced by copies of the latest statements from such institutions. The report must also include a certification that (1) all investment actions executed THE COURT AND THE PROPERTY OF THE PROPERTY OF THE PROPERTY OF THE PROPERTY OF THE PROPERTY OF THE PROPERTY OF THE PROPERTY OF THE PROPERTY OF THE PROPERTY OF THE PROPERTY OF THE PROPERTY OF THE PROPERTY OF THE PROPERTY OF 是“不是我们的是不是是一种的人的有关的，我们也是一个人的人的。” 公司以下是“FORKASION”。FERFORD (1980) 。
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  That the Board/District undertake a complete review and updating of its policies and procedures manuals in order to ensure that the Board's/District's operations conform to all statutory requirements including, but not limited to, matters of governance, ethics, Board conduct, conflict of interest, District finances, and reserves. Response The Board/District agrees with this recommendation and, in furtherance of same, has established an Ad Hoc Policy Committee, which has already made substantial progress in this regard. The proposed comprehensive Policies, Procedures, and Operations Manuals will be complete and ready for adoption on or before December 22, 2008. 10. Board/Employee Training
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  Unpaid Invoices Recommendation-1 That the Board/District develop policies and procedures to ensure timely review and reporting of disputed invoices to the Board. Response The Board/District agrees with this recommendation. District staff will be required to report monthly to the Board, any disputed invoices in excess of $1000. This requirement will be included in the proposed comprehensive Policies, Procedures, and Operations Manuals, which will be adopted on or before December 22, 2008, which is within the six-month timeframe prescribed by Penal Code Section 933.05(b)(4). In addition, the scope of the 2007 Audit has been expanded (1) to include a review of District procedures in place to follow up on any invoices that are received, but not immediately approved for payment and (2) to reflect in the audited financial statement the amount of contested Contractor invoices previously submitted for payment that were rejected because they did not conform to the amounts approved for payment in the District's contract with the Contractor. In accordance with accounting standards, only the amount of the liability determined by the District to be probable of payment will be recorded as a liability. (See Attachment No. 2)
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  Brown Act Violations Recommendation-1 That the Board/District, when in doubt as to the compliance requirements of the Brown Act, seek legal advice to ensure compliance. The Board/District agrees with this recommendation. Response This recommendation has been implemented in practice and will be formalized in the proposed comprehensive Policies, Procedures, and Operations Manuals, which will be adopted on or before December 22, 2008, which is within the timeframe prescribed by Penal Code Section 933.05(b)(4). Misuse of Public Funds
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  Education and Training: A. That the Board/District establish policies concerning Recommendation-1 the granting of education and training assistance provided or in the District's Memorandum of Understanding with the District's Employee Association. Recommendation-2 That the Board/District discontinue further payment and require reimbursement of all non-job-related education and training assistance. The Board/District agrees with Recommendation-1. The Response Board cannot agree to Recommendation-2 because this matter requires further investigation. The Board intends to resolve this matter on or before December 22, 2008. However, it should be noted that the Memorandum of Understanding does not prohibit education and training assistance in excess of the baseline commitment provided for therein. Regardless, the selection process and the perception of nepotism and/or favoritism is of equal concern to the Board of Directors. Accordingly, the Board of Directors (as part and parcel of its proposed comprehensive (Policies, Procedures, and Operations Manuals, which will be adopted on or before December 22, 2008) will include a policy for the General Manager to follow in the selection of employees for educational assistance to ensure objectivity. Educational assistance will be subject to Board review and approval prior to granting any assistance. B. Travel and Training: Recommendation-1 That the Board/District implement a policy for the General Manager to follow in the selection of employees for travel and training. Recommendation-2 That international and out-of-state travel require Board approval before the fact. The Board/District agrees with this recommendation and Response will include such procedures in the proposed comprehensive Policies, Procedures, and Operations Manuals, which will be adopted on or before December 22, 2008, which is within the timeframe prescribed by Penal Code Section 933.05(b)(4). C. District Housing: Recommendation-1 That the Board/District must follow IRS rules and procedures regarding the taxability of employer-provided fringe benefits. Recommendation-2 That District employees' families be removed from District-owned homes. Response The Board/District does not agree with these findings. The Board/District believes that IRS rules and procedures are adequately being addressed and that the fact that employees are required by the terms of their Employment Agreements to reside in District-owned homes located in Edgar Canyon as a condition of employment, which is in furtherance of providing ongoing security for the District's wells and transmission facilities is ordinary and necessary. Delinquent Customer: D. Recommendation-1 That the Board/District establish written policy for dealing with delinquent accounts equitably. The Board/District agrees with this recommendation and Response will include such procedures in the proposed comprehensive Policies, Procedures, and Operations Manuals, which will be adopted on or before December 22, 2008, which is within the timeframe prescribed by Penal Code Section 933.05(b)(4). E. District Credit Card: Recommendation-1 That the Board/District adopt a credit card policy similar to that of the Riverside County Board of Supervisors. The Board/District will review said policy and incorporate Response those provisions reasonably applicable to the District's operations in the proposed comprehensive Policies, Procedures, and Operations Manuals, which will be adopted on or before December 22, 2008.
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  Contracts Recommendation-1 That the Board/District develop policies and procedures for awarding contracts and competitive bidding for projects costing over $10,000. The Board/District does not agree with this Response recommendation because the Grand Jury's recommendation is based on the erroneous finding that the District is legally compelled to follow the "competitive bidding" requirement of the Public Contracts Code. Generally speaking, the District is not legally required to do so, except for projects that are funded with bonds or assessments. (See Attachment No. 6 - Public Contract Code Section 20560 et seq.) Nevertheless, there is nothing precluding the District from doing so. Accordingly, the Board/District will include procedures for the awarding of contracts in its proposed comprehensive Policies, Procedures, and Operations Manuals, which will be adopted on or before December 22, 2008. Said procedures will provide that competitive bidding will be required on all public works projects of $35,000 or more unless specifically approved otherwise by the Board of Directors.
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  Investment Recommendation-1 That the Board/District develop an investment policy which includes regular review by the Board. Response The Board/District agrees with this recommendation. An Investment Policy was adopted long ago and the Board, on a monthly basis, has the opportunity to review investment holdings. However, the proposed comprehensive Policies, Procedures, and Operations Manuals, which will be adopted on or before December 22, 2008, will specifically provide for regular and periodic review of the District's Investment Policy and the performance and safety thereof.
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  Nepotism: Recommendation-1 That the Board/District develop and implement a policy that will prevent any future nepotism within the District. Response The Board/District partially disagrees with this recommendation. However, the Board of Directors of the District is aware of the public's perception. Accordingly, the Board of Directors of the District (as part and parcel of its proposed comprehensive Policies, Procedures, and Operations Manuals, which will be adopted on or before December 22, 2008, will include a nepotism policy that will safeguard against any actual or perceived nepotism within the District.
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  Conflict of Duties and Errors A. Office of Secretary & Treasurer: Recommendation-1 That the General Manager should not serve as Secretary and/or Treasurer and that the appointee should not be an employee of the District. Response The Board/District agrees with this recommendation in part. Plans are underway to make new appointments to the office of Secretary and Treasurer of the Board/District on or before December 22, 2008. The appointment of the General Manager to the office of Secretary and Treasurer originated from a time when the District was relatively small and it simply was not economically practicable to separate the functions of general manager and financial officer. It should be noted that the Board of Directors believes that it is common to fill the position of Secretary from within the ranks of the District's employees. В. Planning Agendas: Recommendation-1 That planning agendas for Board meetings should be a joint responsibility of the General Manager and the Board, and that Board members be allowed to place topics on the agenda. The Board/District agrees with this recommendation. Response As such, the proposed comprehensive Policies, Procedures, and Operations Manuals, proposed comprehensive Policies, Procedures, and Operations Manuals, which will be adopted on or before December 22, 2008, will provide procedures for same.
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  Policies and Procedures Manual R-1 That the Board/District undertake a complete review and updating of its policies and procedures manuals in order to ensure that the Board's/District's operations conform to all statutory requirements including, but not limited to, matters of governance, ethics, Board conduct, conflict of interest, District finances, and reserves. Response The Board/District agrees with this recommendation and, in furtherance of same, has established an Ad Hoc Policy Committee, which has already made substantial progress in this regard. The proposed comprehensive Policies, Procedures, and Operations Manuals will be complete and ready for adoption on or before December 22, 2008.
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  Board/Employee Training R-1 That the Board/District initiate annual training programs for key management personnel on matters including, but not limited to, discrimination and harassment. Response The Board/District agrees with this recommendation and, as such, the proposed comprehensive Policies, Procedures, and Operations Manuals, which will be adopted on or before December 22, 2008, will include provisions for same. SUMMARY The Board of Directors of the District is dedicated to establishing Policies, Procedures, and Operations Manuals to address the Grand Jury's interests and concerns. Adherence to same by staff and the Board will be strictly adhered to in order to ensure standards of openness, transparency, and accountability in conducting the District's operations. 0 8 Please contact the undersigned if you wish to discuss this response or have any further questions. Beaumont Cherry Valley Water District By Albert Chatigny, President of the District and the Board of Directors thereof
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  Effective Date. In the event that Employee has not completed the required coursework within five (5) years of Effective Date, Employee will reimburse District for any and all expenses paid by District as part of this Agreement. In the event Employee terminates his employment with District fewer than 5 years after
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  receiving his engineering license, or having two (2) or more consecutive semesters where Employee fails to be enrolled in full time coursework, Employee will reimburse any and all expenses provided by District as part of this Agreement. In the event that Employee fails to become a licensed engineer within five (5) years of the
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  last required course taken by Employee, Employee will reimburse any and all expenses provided by District as part of this Agreement. Upon the occurrence of events in Paragraphs 11, 12 or 13, the terms of this Agreement
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  Executive Session - General Manager Performance Review The Board adjourned to execute session at 8:17 p.m. Following the executive session, motion by Director Chatigny, second by Vice President Lash, and by unanimous vote General Manager's Salary was set at $177,648. 3985 Vice President Lash moved to accept the payment of invoices for the month of January 2008. Director Dopp seconded. The motion passed by the following roll call: Dopp, Lash, Chafigny Ayes: Parks and Ball Noes: None Abstain: Absent: None c. Acceptance of the Miscellaneous Income Report Vice President Lash moved to accept the Miscellaneous Income Report. Director Dopp seconded. The motion passed unanimously.
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  repayment will be governed by the following provisions:
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  Agreement, District may, without notice or demand, declare the entire principal sum immediately due and payable. To induce District to execute this Agreement, Employee covenants that Employee will
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  continue on as an employee with District for a minimum period of five (5) years after becoming a licensed Engineer. Upon Employee's successful completion of the required coursework and Employee
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  successfully passing his licensing examination and receiving his engineering license, the Parties will renegotiate the salary of Employee. Employee is solely and completely responsible for any and all tax consequences caused
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  by the payment of the course tuition and books provided for in this Agreement. The Parties agree to cooperate with each other in furthering the purposes of this
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  Agreement. The Parties hereby agree to take such other actions and execute such other reasonable documents as are consistent with this Agreement and as are reasonably necessary to effectuate this Agreement; provided, however, that the foregoing shall not require District to take any legislative action or exercise its discretion in any particular manner. This Agreement contains the final and complete agreement between the Parties with
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  respect to the matters herein discussed and supersedes all previous communications and agreements between them, either oral or written; to the extent such prior communications and agreement are not consistent with this Agreement.
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  In the event that any action or proceeding is commenced between the Parties hereto to enforce or interpret any term of this Agreement, the prevailing Party in such action or proceeding, in addition to all other relief to which it may be entitled, shall be entitled to recover from the other Party the prevailing Party's costs of suit and reasonable attorneys' fees. The attorneys' costs and fees shall include, without limitation, attorneys' costs and fees incurred on appeal and those incurred in enforcing any judgment rendered in any such action or proceeding. Such attorneys' costs and fees may be recovered as an element of costs in the underlying action or proceeding or in a separate recovery action.
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  All notices shall be in writing and shall be considered given and received: (i) when delivered in person to the recipient named below; or (ii) three days after deposit in the United States mail, postage prepaid, addressed to the reciplent named below; or (iii) on the date of delivery shown in the records of an express courier such as Federal Express or DHL; or (iv) on the date of delivery by facsimile transmission to the recipient named below. All notices shall be addressed as followed: If to District: Charles Butcher Beaumont-Cherry Valley Water District P.O. Box 2037 Beaumont, CA 92223 If to Employee: Bryan Wilfley Any Party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a Party or an officer or representative of a Party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. This Agreement and all its provisions shall in all respects be interpreted, construed,
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  enforced, and governed by and under the laws of the State of California, without regard to its conflict of laws principles. Any action or proceeding brought respecting this Agreement shall be instituted and
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  maintained in the appropriate court in the County of Riverside, California. This Agreement may be modified only by another written instrument duly authorized and
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  executed by both Parties. The provisions of this Agreement are specifically made severable. If any clause,
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  provision, right, or remedy provided for herein is determined to be unlawful or unenforceable, the remainder of this Agreement shall remain in effect and shall be enforced as if such clause, provision, right, or remedy were not contained herein. The language in all parts of this Agreement shall in all respects be construed as a whole
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  according to its fair meaning, and not strictly for or against any other Party. This Agreement is the product of mutual negotiation and drafting efforts. Accordingly, the judicial rule of construction that ambiguities in a document are to be construed against the drafter of that document shall have no application to the interpretation or enforcement of this Agreement. This Agreement may be executed in one or more counterparts, each of which shall be an
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  original and all such counterparts together shall constitute the entire Agreement of the Parties hereto. This Agreement shall not be extinguished or altered in any way, by any Party without the
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  prior written consent of the District. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date first above written. EMPLOYEE: DISTRICT: BRYAN WILFLEY BEAUMONT-CHERRY VALLEY WATER DISTRICT, a public agency of the State of California By Its: 1.5 2000年1月1日 · · · · · · · · · · · · · · · · · · · RESOLUTION 98-13 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BEAUMONT-CHERRY VALLEY WATER DISTRICT ESTABLISHING THE BEAUMONT-CHERRY VALLEY WATER DISTRICT INVESTMENT POLICY POLICY WHEREAS, the Legislature of the State of California has declared that the deposit and investment of public funds by local officials and local agencies is an issue of statewide concern (California Government Code Sections 53600.6 (CGC 53600.6) and 53630.1); and WHEREAS, the legislative body of a local agency may invest surplus monies not required for the immediate necessities of the local agency in accordance with the provisions of California Government Code Sections 5921 and 53601 et seq.; and WHEREAS, the treasurer or fiscal officer of the Beaumont-Cherry Valley Water District shall annually prepare and submit a statement of investment policy and such policy, and any changes thereto, shall be considered by the legislative body at a public meeting; (CGC 53646(a); NOW, THEREFORE, it shall be the policy of the Beaumont-Cherry Valley Water District to invest funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the entity and conforming to all statutes governing the investment of Beaumont-Cherry Valley Water District funds. SCOPE This investment policy applies to all financial assets of the Beaumont-Cherry Valley Water District. These funds are accounted for in the Annual Financial Activity Report, the Annual District Audit, and the Monthly Financial Report, and include: General Fund Depreciation Fund