2019 CA Special District Sept-Oct

C ALI FO R N I A

SPECIAL DISTRICTS Vo l um e 14 , I s s u e 5 • Se p t e mb e r- Oct o b e r 2 019

CEO MESSAGE:

Celebrating Special Districts Week: September 22-28 ASK THE EXPERTS:

“Alexa, how do you boil an egg?” – Are Your Smart Devices Spying On You?

BOARD SECRETARY/CLERK CONFERENCE SPEAKER

Sandy Geroux, M.S.

A Publication of the C alifornia Special D is tr ic ts A s s oc iation

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CBC18.0653

2019 CSDA Annual Conference and Exhibitor Showcase September 25–28, 2019

Anaheim, CA

Join your colleagues in Anaheim.

THE CONFERENCE FOR ALL SPECIAL DISTRICTS.

Learn.

Network.

Celebrate.

50th Anniversary.

Register at conference.csda.net.

New content & schedule.

1969 - 2019

Volume 14 • Issue 5

3

TABLE OF CONTENTS

Feature:

Solutions and Innovations:

Public-Private Funding Makes City’s First Centralized Sewer System a Reality

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05 CEO’s Message

Past Pieces OF THE

Interview with Former CSDA Executive Director Catherine Smith

20

Take Back Your Day! 36

24

Managers Corner: Cultivating a Workplace Culture of Respect in a Polarized Society

40 Take Action: Ask the Experts:

If You Want to Change “Alexa, how do you boil the Law, Now’s Your an egg?”– Are Your Smart Chance Devices Spying on You? 42 Risk Management: 28 Feature:

Legal Update:

Back to School:

New Laws

With a Focus on

Local Government 45 Districts Make the Difference:

06 Professional 18 Development

08 CSDA News

14

You Ask, We Answer: Buying Coffee/ Consumables for the Office

15 Legal Brief: 32 Community Connections:

California Adopts New Rim of the World

Wetland Protections

Recreation and Park

District’s New Lake 16 Movers and Shakers

Gregory Education and

Community Center For editorial inquiries, contact CSDA Editor-Communications Specialist Vanessa Gonzales, at 877.924.2732 or vanessag@csda.net.

4

Last Chance for Students to Win $2,000

46 Money Matters: CUPCCAA

For advertising inquiries, contact CSDA at 877.924.2732 or advertising@csda.net.

California Special Districts • Sept-Oct 2019

CEO'S MESSAGE

Special Districts Week!

CELEBRATING THE CORE LOCAL SERVICES PROVIDED BY DISTRICTS This August, the California State Legislature established Special Districts Week, September Neil McCormick 22 to September 28, to CSDA Chief Executive Officer encourage all Californians to be involved in their communities and be civically engaged with their local governments.

Sponsored by CSDA and authored by Assembly Member Ken Cooley (D–Rancho Cordova), Assembly Concurrent Resolution (ACR) 89 was approved with bi-partisan support following a great presentation on the Senate Floor by Senator Jim Nielsen (R–Gerber).

Special districts first arose when San Joaquin Valley farmers needed a way to access their local water supply. Under the Wright Act of 1887, the Turlock Irrigation District became California’s first special district and made it possible for local farmers to intensify and diversify agriculture in California’s Central Valley. In the 20th century, special districts increased dramatically in both number and scope during the periods of prosperity

and population growth that followed both world wars when the demand for all types of public services increased. In 1961 the Legislature authorized special districts to address multiple service needs in communities through the creation of a new type of district, Community Service Districts.

As we know, local residents own special districts and govern them through locally elected or appointed boards.

They provide essential services that residents want and need. They are closest to the people they serve and remain transparent and accountable through a series of sunshine laws that require open and public meetings, public access to records, regular audits, online posting of finances and compensation, and much more.

Fifty years ago, several independent special districts formed a statewide association called the California Special Districts Association (CSDA) to promote good governance and improved essential local services through professional development, advocacy, and other services for all types of independent special districts. Today, we have grown into an organization with over 1,200 agency members that is respected and effectively represents special districts.

Join CSDA in celebrating special districts and CSDA’s 50th Anniversary this year! Spread the word about districts and what makes YOUR DISTRICT so special in YOUR community!

CSDA Board and Staff Officers

Staff

JOEL BAUER, SDA, PRESIDENT, West Side Cemetery District

NEIL MCCORMICK, Chief Executive Officer

JEFFREY HODGE, SDA, VICE PRESIDENT, Santa Ynez Community Services District

MEGAN HEMMING, Professional Development Director

ELAINE MAGNER, SECRETARY, Pleasant Valley Recreation & Park District

CATHRINE LEMAIRE, Member Services Director

RYAN CLAUSNITZER, SDA, TREASURER, Alameda County Mosquito Abatement District

KYLE PACKHAM, Advocacy & Public Affairs Director

GREG ORSINI, PAST PRESIDENT, McKinleyville Community Services District

TODD WINSLOW, Publications Director RICK WOOD, Finance & Administration Director

Members of the Board

ITZEL BECERRA, Professional Development Assistant

STANLEY CALDWELL, Mt. View Sanitary District

CRISTINA BECERRA, Member Services Representative

RALPH EMERSON, Garberville Sanitary District

EMILY CHA, Professional Development Coordinator

CHAD DAVISSON, SDA, Ironhouse Sanitary District

MARCUS DETWILER, Legislative Assistant

VINCENT FERRANTE, Moss Landing Harbor District

DILLON GIBBONS, Senior Legislative Representative

PETER KAMPA, SDA, Saddle Creek Community Services District

VANESSA GONZALES, Communications Specialist

JO MACKENZIE, Vista Irrigation District

COLLEEN HALEY, Public Affairs Field Coordinator

NOELLE MATTOCK, El Dorado Hills Community Services District

JIM HARROLD, Database & Online Communities Coordinator

SANDI MILLER, SDA, Selma Cemetery District

MUSTAFA HESSABI, Legislative Analyst-Attorney

WILLIAM NELSON, Orange County Cemetery District

COLE KARR, Public Affairs Field Coordinator

GINGER ROOT, Country Club Sanitary District

STEVEN NASCIMENTO, Public Affairs Field Coordinator

TIMOTHY RUIZ, P.E., East Niles Community Services District

CHRIS PALMER, Public Affairs Field Coordinator

FRED RYNESS, Burney Water District

AMBER PHELEN, Executive Assistant

ARLENE SCHAFER, Costa Mesa Sanitary District

CASSANDRA STRAWN, Senior Member Services Specialist KYLE TANAKA, Member Services Specialist

California Special Districts Association 1112 I Street, Suite 200, Sacramento, CA 95814 toll-free: 877.924.2732 • www.csda.net

© 2019. California Special Districts Association.

Volume 14 • Issue 5

ANTHONY TANNEHILL, Legislative Representative DANE WADLÉ, Public Affairs Field Coordinator JAMES WILFONG, Senior Designer

A proud California Special Districts Alliance partner

5

PROFESSIONAL DEVELOPMENT

2019 CSDA Annual Conference Sponsors*

The California Special Districts Association values our sponsors and exhibitors who help make the CSDA Annual Conference & Exhibitor Showcase possible. These organizations provide valuable resources and services to special districts throughout California. Thank you to these generous sponsors for their support of the 2019 CSDA Annual Conference & Exhibitor Showcase:

Board Secretary/Clerk Conference: Register Now!

Registration is now open for one of CSDA’s most highly anticipated conferences. The Board Secretary/Clerk Conference will be held in Monterey, November 12–14, 2019.

Attendees will have the opportunity to participate in one of two optional pre-conference workshops (Tuesday, November 12): • Writing Minutes and Meeting Notes * • Effective Presentations * *additional fee, limited seating

Champion Sponsors • CSDA Finance Corporation • Special District Leadership Foundation • Special District Risk Management Authority

Advocate Sponsors • Best Best & Krieger, LLP • Liebert Cassidy Whitmore • McMurchie Law • Richards Watson Gershon

Friend Sponsors

Another highlight is sure to be the opening keynote presentation by international speaker, trainer and author Sandy Geroux, M.S. Sandy will be sharing with attendees her popular session Don’t Drop the Ball: Juggling Multiple Priorities. With conference tracks for both firsttime and returning attendees; this is THE conference for board secretaries and clerks at all stages of their careers. For a full schedule and to register online, visit CSDA.net.

• ADA Site Compliance • Atkinson, Andelson, Loya, Ruud, & Romo • Bank of the West • BHI Management Consulting • Brandis Tallman, LLC • Caselle • Cucamonga Valley Water District • GovDeals • Liebert Cassidy Whitmore • Nossaman • Santa Clarita Valley Water Agency • Umpqua Bank *as of 07/30/19

Look for These Exciting Classes Coming in October OCTOBER 8 Webinar: Maximizing Employee Potential Through Coaching/Evaluation

6

OCTOBER 16

Essential Communications for Every Special District - Marina, CA

OCTOBER 24

So, You Want to Be a General Manager? - Sacramento, CA

OCTOBER 30

Essential Communications for Every Special District - Santee, CA

OCTOBER 31

Webinar: Legislative Round-Up

California Special Districts • Sept-Oct 2019

California Special Districts Association Districts Stronger Together

2019 CSDA’s BOARD SECRETARY/CLERK Premiere Training and Certificate ProgramTM for Board Secretaries/Clerks November 12–14, 2019 • Monterey, CA

Register online visit www.csda.net/boardsecretary

Co-sponsored by the Special District Risk Management Authority Volume 14 • Issue 5

7

CSDA NEWS

New Guide Published to Equip Special District Leaders for Public and Legislative Outreach

TAKE ACTION

ENGAGING WITH YOUR COMMUNITY AND LEGISLATORS

CSDA Board Election Results

Congratulations to the following individuals who were recently elected to the California Special Districts Association Board of Directors in seat B for the 2020–2022 term! We will be welcoming our new board members in January.

In coordination with CSDA’s District NetWorks Workshop series on Essential Communications, CSDA has published a new guide as an overview of the many ways special district leaders can engage with the individuals and institutions that shape how their district operates and how it is perceived in their community. Take Action: Engaging with Your Community and Legislators, is now available to CSDA members for free download under the Publications and Reference Materials within the Knowledge Base at csda.net.

In addition to this new written guide, in partnership with the California Special Districts Alliance, CSDA has coordinated six workshops on essential communications throughout the state. Each half-day workshop is only $25 for CSDA members and includes lunch. Register today at csda.net so you won’t miss this opportunity to learn how to tell your story from a communications professional.

You will also learn about legislative advocacy from one of CSDA’s government relations team members.

The first workshops already took place in Sacramento, Fresno, Chico, and Cotati. Remaining workshops include: • Marina: October 16 • Santee: October 30

NORTHERN NETWORK

If you are not telling your story, someone else is. Learn the essential communications practices for special districts in today’s media and political landscapes by downloading the new CSDA Take Action Guide and registering for the Essential Communications workshop at csda.net.

The 18-member board consists of three directors from six networks in California. If you have any questions on the board election process, please contact Amber Phelen, executive assistant, at 877.924.2721 or at amberp@csda.net

A California Special Districts Association

Publication ©2019

A GUIDE TO EQUIP SPECIAL DISTRICT

LEADERS FOR PUBLIC AND LEGISLATIVE

OUTREACH

Greg Orsini - General Manager McKinleyville Community Services District

SIERRA NETWORK Jerry Gilmore - Director Truckee Sanitary District

BAY AREA NETWORK Ryan Clausnitzer, SDA - General Manager Alameda County Mosquito Abatement District

CENTRAL NETWORK Lorenzo Rios - Chief Executive Officer Clovis Veterans Memorial District

COASTAL NETWORK Jeff Hodge, SDA - General Manager Santa Ynez Community Services District

SOUTHERN NETWORK Kathy Tiegs - Director Cucamonga Valley Water District

Member Resource Highlight

Surplus Marketplace Let CSDA help transform your district’s surplus assets and inventory from a burden to an opportunity. CSDA has partnered with the online government surplus auction site, GovDeals.com, to provide special districts and other government agencies with a simple, transparent platform for buying and selling surplus items online.

GovDeals has a nationwide presence and thousands of items listed. CSDA members can browse through a wide selection of pre-owned vehicles, office furniture, tools and equipment, storage sheds, and much more.

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California Special Districts • Sept-Oct 2019

Business Affiliate Special Acknowledgements BUSINESS AFFILIATE

DIAMOND LEVEL

BUSINESS AFFILIATE

PLATINUM LEVEL

Atkinson, Andelson, Loya, Ruud & Romo www.aalrr.com

Best Best & Krieger www.bbklaw.com

Richards Watson Gershon www.rwglaw.com

CSDA Finance Corporation www.csdafinance.net

Liebert Cassidy Whitmore www.lcwlegal.com

Umpqua Bank www.umpquabank.com

Special District Risk Management Authority www.sdrma.org BUSINESS AFFILIATE

GOLD LEVEL

Aleshire & Wynder, LLP www.awattorneys.com

Climatec www.climatec.com

Nossaman, LLP www.nossaman.com

Bid Fast and Last Auctions www.bidfastandlast.com

CPS HR Consulting www.cpshr.us

Burke, Williams & Sorensen, LLP www.bwslaw.com

Five Star Bank www.fivestarbank.com

PARS www.pars.org

SmartWatt Energy, Inc. www.smartwatt.com

California CAD Solutions, Inc. www.calcad.com

Hanson Bridgett, LLP www.hansonbridgett.com

SoCalGas www.socalgas.com

CalPERS Health Program www.calpers.ca.gov

Kutak Rock, LLP www.kutakrock.com

Streamline www.getstreamline.com

Caselle www.caselle.com

Laserfiche www.laserfiche.com

Tyler Technologies www.tylertech.com

Laserfiche is a leading global provider of enterprise content management software empowering America’s special districts to optimize service delivery by digitally transforming its operations.

Workforce challenges, increasing public demand, and higher service-delivery expectations are driving special districts to reimagine how work gets done. For more than three decades, Laserfiche has fostered an active user community as a trusted partner that shares ideas and inspires solutions to support change management and digital transformation.

Laserfiche transforms special districts to innovate how information is managed, automate business processes, and make timely, informed decisions. Using Laserfiche, special districts can optimize how unstructured information is processed and analyzed with insightful document management, process automation, and Department of Defense 5015.2-certified records management solutions. Protecting sensitive data and critical information is a priority at Laserfiche. Whether it’s securing content through granular security controls, audit trail, redactions, encryption, or all of the above, Laserfiche provides organizations with the right tools to optimize special district operations.

JOIN CSDA BUSINESS AFFILIATE, LASERFICHE AT CSDA’S BOARD SECRETARY/ CLERK CONFERENCE, NOVEMBER 12-14 IN SEASIDE, CA.

To learn more about Laserfiche, please visit www.laserfiche.com.

Volume 14 • Issue 5

9

SOLUTIONS AND INNOVATIONS

Hi-Desert Water District’s years-long educational campaign helped land more than $25 million in government grants and win voters’ overwhelming approval of a property tax assessment.

10

California Special Districts • Sept-Oct 2019

PUBLIC-PRIVATE FUNDING MAKES CITY’S FIRST CENTRALIZED SEWER SYSTEM A REALITY

By Jennifer Poland, Communications Officer, Hi-Desert Water District

A decade ago, Yucca Valley was facing a crisis: septic systems were contaminating groundwater and the community desperately needed a $150 million wastewater treatment system but had no funding in sight.

The problem had been brewing for years in the town northwest of Joshua Tree National Park.

Residents had always relied on septic systems to dispose of wastewater, but with a population that ballooned from 3,900 in 1970 to about 22,000 today, the practice grew unsustainable.

When concerns were first raised in the 1970s, the small community felt the timing was premature to switch to a sewer system and the burden was left to future residents. continued on page 12

Volume 14 • Issue 5

11

SOLUTIONS AND INNOVATIONS

By the 1990s, drinking water samples from a well in the center of the valley revealed high levels of nitrate, pharmaceuticals and other pollutants that exceeded the State of California’s maximum contaminant level. The findings flagged the area for further study and forced Hi-Desert Water District (HDWD) to begin shutting down wells.

Eventually the Colorado River Basin Regional Water Quality Control Board issued a ban on septic systems in Yucca Valley and set deadlines for compliance.

“Studies by the U.S. Geological Survey showed that prolonged use of septic systems were causing contaminants to leach into the groundwater basin, which supplies the region with drinking water,” said Ed Muzik, HDWD’s general manager.

“With deadlines looming, it became imperative that we address the problem.”

After many meetings and discussions, the Town of Yucca Valley and HDWD determined that the most viable solution was to build a wastewater treatment facility and centralized sewer system, connecting more than 10,000 properties within a 50-square-mile radius. But the question remained: Who would be up for the challenge of seeking funding and taking the helm to lead such a large project? The answer: Hi-Desert Water District.

The district launched a public education campaign to inform residents of the need for a sewer system and funding for such a plan. Outreach included town hall meetings, fact sheets and a specialized website.

Community members, the district, and the Town of Yucca Valley worked together to introduce a 10-year, .5% sales tax increase to cut the total cost of the project and reduce the financial burden on local property owners. The proposal, which was passed by voters in 2016,

generates about $1.5 million a year.

With a lack of state and federal funding available for wastewater, it was vital to form a collaborative effort to educate legislators and government agency representatives about the project.

HDWD leaders met with representatives on a one-on-one basis in Washington, D.C. and Sacramento to explore any and all possible avenues for grants.

Fostering such important relationships led the district to secure more than $5.8 million in grants from the California Cleanup and Abatement Account Program, and Proposition 84.

The majority of grant funding came from an earmark of $20 million written into Title 16 legislation for the U.S. Bureau of Reclamation, which included $334,500 from the Environmental Protection Agency.

The district didn’t stop there.

Continued legislative outreach work helped secure an expanded use loan

Representing California public agencies for over sixty years.

Greg Stepanicich Jim Markman Roxanne Diaz Ginetta Giovinco Whitney McDonald

12

Construction

Labor & Employment

Special Districts

Eminent Domain

Litigation

Telecommunications

Energy

Public Agency Law

Transportation

Environmental

Public Finance

Waste Management

General Counsel

Real Estate

Water Law

888.479.4529

California Special Districts • Sept-Oct 2019

through the State Revolving Fund with an additional $16 million of grants to help property owners with their private connection costs.

In addition to grants and low-interest loans, 72% of local property owners voted to form an assessment district to finance the remaining balance through

their property taxes over 30 years. The assessment works out to be about $706 a year for a single-family residence.

HDWD’s ongoing efforts were recently recognized by the Yucca Valley Chamber of Commerce, which named the district its 2019 Member of the Year. The award acknowledged the district

for securing grant funding to lower the financial burden of the project for local businesses and property owners.

“We are pleased we were able to secure these funds to help our customers with the costs involved in this vital project, which is an important investment in our community,” Muzik said.

Over the last three years, HDWD has installed over 70 miles of pipeline, three lift stations, and a treatment facility that will accept about 1 million gallons of wastewater a day.

The district has been preparing over 5,000 property owners

within phase 1 of the project to start their connections beginning in October 2019. One more phase will complete the system.

Despite HDWD’s success in pushing the first phase of the sewer system project over the finish line, financing remains a challenge. Many funding opportunities focus solely on water infrastructure and exclude wastewater-related projects.

As of now, no grants are available for the $120 million phase 2. So the district is relaunching its grassroots campaign to lobby legislators on the importance of carving out money for the project so Yucca Valley can continue to protect its groundwater.

MAXIMIZE Y OUR M E M BE RSHI P

VISIT CSDA’S ONLINE COMMUNITIES Connect Communicate Engage Volume 14 • Issue 5

WWW.CSDA.NET

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Questions Appear in CSDA Communities

YOU ASK, WE ANSWER

Q&A

Buying Coffee/Consumables for the Office

14

Lori Biondini, Director–Business Development & Planning Redwood Coast Energy Authority Does anyone know of any restrictions regarding purchasing coffee, tea, half-n-half, etc. as a regular office supply to be enjoyed by employees and guests? There seems to be some concern over the legality of a district purchasing coffee as a consumable office supply.

Jean Bracy, Director of Administrative Services Mojave Desert Air Quality Management District It has often been perceived as a gift of public funds. However, it is also an issue of good morale for the employees and when managed reasonably, can be considered a cost of doing business. It’s is not unheard of for public agency budgets to include amounts for employee-related activities. These contribute toward good relations and reinforce a positive atmosphere by developing the relationships among coworkers. Some agencies’ Boards authorize the general manager to spend $X for employee morale events, contributing to transparency.

Joy Andrews, General Manager Anderson Valley Community Services District We keep a jar called “coffee donations” to help shoulder the cost.

Norma Rosales, Assistant General Manager Carpinteria Valley Water District We have a budget line item for employee relations. It’s not very much but we make it work to include an all hands employee lunch every quarter to update all staff on various projects and get feedback on any issues.

It also funds 3-4 team building activities throughout the year. Boosts employee morale. Coffee, etc. has been considered a cost of doing business. We believe the benefits outweigh the cost.

Kevin Kaizuka, Fiscal Manager San Luis Obispo County Air Pollution Control District I’ve worked in a half dozen different government agencies and none of them provided daily complimentary coffee to employees. It was always a “coffee club” deal where the coffee drinkers got together to each kick in money every month into a pool and buy their joint coffee supply. Someone volunteers to go buy the coffee, filters, new machine, etc. each month or it rotates. Everyone understands it was for their personal consumption and nobody expected the agency or rate/tax payers to pick up the tab.

If you feel strongly about providing complimentary refreshments to staff, I’d at least clear it with your fiscal manager and district counsel and then put it as a line item in the budget so it is completely transparent and there can be no future accusation that it was slyly hidden in the budget. The board sees it plainly and openly sanctions it.

CSDA Disclaimer: This section is not intended to be legal advice. Members should always seek legal counsel.

The information contained here is for general reference purposes only.

California Special Districts • Sept-Oct 2019

LEGAL BRIEF

California Adopts New Wetland Protections

By David D. Boyer, Wesley A. Miliband, Lindsay A. Thorson, and Suparna Jain of Atkinson, Andelson, Loya, Ruud & Romo This past April, California’s State Water Resources Control Board (SWRCB) announced the adoption of new regulations defining California wetlands subject to state regulation. The regulations create a more expansive permitting scheme for developers, public agencies and others proposing to discharge to state waters.

The regulations result from a decade-long effort to increase protections for episodic bodies of water that provide ecological and economic benefits. Their timing, however, was prompted by the Trump Administration’s recent proposed roll back of federal jurisdiction over “waters of the United States” (WOTUS) under the Federal Clean Water Act and supporting litigation seeking to invalidate the Obama Administration’s expansive 2015 WOTUS Rule. They are intended to ensure that California is largely insulated from any new latitude that Washington provides for watershed development.

California’s Porter–Cologne Water Quality Control Act (Water Code, Section 13000, et seq.) broadly defines “waters of the state” to cover “any surface or groundwater … within the boundaries of the state” and includes all “waters of the United States” under the Federal Clean Water Act. The SWRCB notes in the new definition and procedures that “wetlands that meet the current definition, or any historic definition, of waters of the U.S. are waters of the state.” As a result, waters subject to Volume 14 • Issue 5

state regulation will not change even if federal jurisdiction under the Clean Water Act is narrowed.

Further, the new regulations go beyond what the Clean Water Act presently requires under the 2015 WOTUS Rule by capturing a wide range of state wetlands, including “natural wetlands,” “wetlands created by modification of a surface water of the state,” and even certain artificially created wetlands. Significantly, the new regulations support jurisdiction even over wetlands found in arid regions of the state that do not normally support vegetation, like desert playas.

The policy does, however, include a discretionary exclusion for routine and emergency operation and maintenance activities for public agencies, water utilities and special districts.

▪

The SWRCB adopted the new wetlands definition during a public hearing on April 2, 2019. While it did not make any substantive changes from those proposed after its March 5 workshop, it did make minor revisions that could increase monitoring and reporting requirements by those receiving permits. The wetlands policy has now gone to the Office of Administrative Law for a 9-month review period before taking effect. The policy contains a grandfathering provision that excludes project applications pending before the effective date.

The SWRCB has underscored that the new rules will provide much-needed clarity and predictability to the regulated public. Even so, the rules likely will result in greater instances of state “wetland” regulation, translating into greater permitting burdens and costs.

GET MORE VALUE FROM YOUR AUDIT

“ How do our practices compare with other districts? ”

▪

We’ll show you what other districts do right. What to avoid. And what it takes to be among the best.

We welcome your questions and the opportunity to help you turn your next audit into AWESOME!

916-993-9494

www.jpmcpa.com 15

MOVERS & SHAKERS

MOVERS& SHAKERS

DECADES OF SERVICE—The 2019 Dons and Doñas include, from left, Beth Miller, Edy Santangelo, Lynn Decker-Mahin, Linda Ayerza, Fred Penney, Lyda Noble-Sprinkles, Leticia Taylor, Elaine Magner, Rebecca Pecsok and Felicia Schoenewald. Not pictured are Daniel Schoenewald and Steve Blois.

Congratulations to CSDA Board Secretary Elaine Magner with Pleasant Valley Recreation & Park District in Camarillo, CA for being named Camarillo Dona and earning this prestigious award from the Pleasant Valley Historical Society. Dons and Doñas are individuals who live in Camarillo, Somis or Santa Rosa Valley and have provided outstanding community service for the past 20 years. The designation harkens back to early California days as the title given to community leaders. Some are members of pioneer families, others have made a difference in the community through their professional and volunteer efforts.

Over 400 people have been given the honor since the event began in 1964.

East Contra Costa Fire Chief Brian Helmick was recently appointed as the northern zone 3 director for Fire Districts Association of California (FDAC). Chief Helmick will help support the mission of the Fire Districts Association of California, which is to provide legislative advocacy, educational information, member services, and informational Brian Helmick resources and to promote special districts that perform fire protection services. More information can be found at fdac.org.

East Contra Costa Fire Board President Brian J. Oftedal was appointed as the president of the Contra Costa County Fire Commissioners Association. The Association is made up of elected and appointed fire board directors from throughout Contra Costa county. The membership meet quarterly to continue their professional development, Brian Oftedal discuss challenges in the local region, and network with fellow directors, fire district staff, local labor representatives, as well as city and county representatives.

16

The Valley Sanitary District (VSD) board of directors appointed Beverli A. Marshall as the new general manager. “Serving VSD as the general manager is a great Beverli Marshall opportunity for me to work with a fantastic staff and board. I am also excited to work other agencies to partner on projects regarding water quality as well as reclamation and reuse of this valuable resource in the Coachella Valley,” said Beverli A. Marshall. Ms. Marshall comes to VSD with over 20 years of public sector finance, budget, and management experience as well as 10 years in the wastewater industry. She relocated from the San Francisco Bay Area and is excited to get back to her southern California roots.

Mike Blondino (seated) meets district office staffers Sharon Reneau (left), James Perry, Marianna Panagiotou and Stephanie Young.

Carmichael Recreation and Park District hired new District Administrator Mike Blondino who will oversee 21 staffers, 13 parks and numerous facilities run by the district. The newcomer follows Tarry Smith, who recently retired from the administrator’s desk. Blondino (53) previously supervised recreation for several Bay Area cities. His fondness for Carmichael began during visits to grandparents who retired here. “I parked one day in Jensen Botanical gardens,” he recalls. “I looked at its landscaping and thought, wow, if this is Carmichael, it’s a beautiful place to be.

California Special Districts • Sept-Oct 2019

At the recent Santa Barbara County Chapter of California Special Districts Association (SBCCSDA) annual awards event in conjunction with their monthly chapter meeting in Solvang, CA, the SBCCSDA Board of Directors presented award plaques to the following individuals: Toni McDonald, District Administrator, Montecito Sanitary District received the Professional/Staff Person of the Year Award.

The Port of Hueneme’s Finance and Accounting team: Andrew Palomares, Deputy Executive Director, CFO/ CAO; Austin Yang, Director of Finance & Accounting; Julie Johnson, Fiscal Technician; Gabriella Sabo, Accounting Manager; Robin Campos, HR Management Specialist; and Paul Lydiate, Financial Analyst.

For the ninth consecutive year, the Port of Hueneme is being recognized for Excellence in Financial Reporting by the Government Finance Officers Association of the United States and Canada (GFOA). The award highlights the port’s FY2018 Comprehensive Annual Financial Report (CAFR) which was carefully reviewed by financial statement preparers, independent auditors, academics, and other finance professionals.

Diane Gabriel (right) speaks on behalf of Toni McDonald as Toni receives the award.

Terrain Consulting Principals with Goleta West Sanitary District received the Engineer/ Contractor of the Year Award.

Mark Nation (Right) spoke on behalf of Terrain Consulting Principals.

Accepting the award is Brian Robinson.

Chip Hickman, Fire Chief with Montecito Fire Protection District, received the General Manager of the Year Award.

Sylvia Easton speaks on behalf of Montecito Fire Protection District Chief Chip Hickman as he receives the General Manager of the Year Award.

An Award of Appreciation was presented to 2018 SBCCSDA President Rodney Gould for his leadership and dedication throughout the past year.

Do you have movers and shakers in your districts to highlight?

Send to CSDA Editor-Communications Specialist Vanessa Gonzales at vanessag@csda.net for consideration in this section.

Volume 14 • Issue 5

SBCCSDA Board President presents outgoing president Rodney Gould the award for his leadership of the chapter during 2018.

Joining SBCCSDA President Hugh Rafferty in presenting the awards was Michelle Sevilla representing both California State Senator Hannah Beth Jackson and California State Assemblywoman Monique Limon.

Ms. Sevilla presented each of the award recipients with a Certificate of Appreciation from the State Senate and the State Assembly. Also in attendance were special guests Steven Nascimento, CSDA Public Affairs Field Coordinator; Glenn Morris, president of the Santa Maria Valley Chamber of Commerce; and David Cross, chairman of the Santa Barbara County Energy Watch Partnership.

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ASK THE EXPERTS

“Alexa, how do you boil an egg?” – Are Your Smart Devices Spying on You?

By Sloane Dell’Orto, Streamline

The first answer is: four minutes for soft boiled, six minutes for medium, and 10–12 minutes if you like really, really dry eggs.

To spy means to observe someone furtively, so the second answer is even simpler: they’re definitely spying on you. And they know that 20% of you don’t know how to boil an egg.

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Smart homes and the Internet of Things (IoT) are the next frontiers for the battle for your privacy and digital rights. Do you own an Alexa device, Google Home device, Smart TV, or a smartphone? What about a printer, or a smart refrigerator? (Which can order more milk when supplies are getting low, but the world might learn that you’ve been neglecting your shopping duties.)

The amount of data being gathered by our devices is truly staggering, and for those of us using social media, or just surfing the internet, the amount of information being collected is even larger. And when personal privacy is exposed, that exposure may extend to your agency when the individuals are using district technology. But what can you do to protect yourself, your employees, and your district, while still enjoying the conveniences that smart devices provide?

It’s a fact that our devices make our lives easier. (Well, mostly easier, as anyone who’s struggled to figure out how to use a new device knows!) Even if the only modern device you use is your phone, you can recognize how much that’s changed your life: from driving directions to being able to find your kids at any moment, or stay in touch with friends and family far away, our smart devices have transformed the way we live.

While much of the technology we use is “smart,” the tradeoff is that the software needs access to lots of data about us to become that smart. These devices are collecting data on us all the time, and we don’t always know what that data is being used for, or

California Special Districts • Sept-Oct 2019

who it’s being shared with. Much of this technology is part of the Internet of Things (IoT), where data is being shared amongst electronic devices and with companies we’ve never heard of. Of course the devices aren’t really the problem– it’s the software running on those devices and sharing information in the cloud.

How much do we really, truly care about our privacy? After all, even once we learn about our exposure, we often aren’t willing to stop using our phones, or Facebook, or Google. Or maybe we just don’t understand the implications. Or maybe we just don’t feel like we are *that* interesting, so why should we worry? This idea is popular enough to have a name: the privacy paradox.

We’ll be exploring this topic at the CSDA Annual Conference in September, where we’ll share examples, the latest reports and studies, and some fun (if disturbing) experiments you can try to see just how exposed you could be.

We’ll also provide tips on what you might be able to do about it: by making a few changes to your devices and accounts, you can possibly maintain security against unwanted attempts to access your data, as well as protect your privacy.

USE OF SMART SPEAKERS Data from a survey of 1,000 smart speaker owners in the U.K. 65% Playing music or the radio

50% Listening to news and weather

20% Hard boiling an egg

16% Asked for travel updates

8% Playing audiobooks or podcasts

7% Making purchases

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19

Celebrating 50 Years of Service: 1969-2019

Past Pieces OF THE

2019 marks California Special Districts Association’s 50th Anniversary! Throughout the

year, CSDA is celebrating our history, members, and service.

Interview with Former CSDA Executive Director Catherine Smith California Special Districts was honored to interview former CSDA Executive Director Catherine Smith.

Catherine professionally grew with the association over 17 years, having served in multiple capacities, but ultimately as the executive director from 1994 – 2006. Her leadership, passion, and dedication to the staff, board, and members was evident as the association took major leaps of growth in it’s education, membership, and advocacy. Catherine received the William Hollingsworth Award of Excellence for her work on the LOCAL coalition and the passage of Proposition 1A in 2004.

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California Special Districts • Sept-Oct 2019

INTERVIEW

Tell us about your history with the California Special Districts Association (CSDA). When did you begin working with CSDA and how long were you their executive director?

I started with CSDA in the late 1980’s as an employee of Nossaman, which was the association management company that was managing CSDA. I was initially doing the CSDA News, which was the monthly publication, then moved to member services director. In 1994, I became the executive director when CSDA opened their first office, separate of Nossaman. I was in that role for 12 years.

When did CSDA really begin to hire its own dedicated staff?

CSDA was managed by Nossaman for about six years before moving from Nossaman’s suite to the Senator Hotel office building. There were three employees when we moved and then added a fourth, who was Todd Winslow, CSDA’s current publications director.

During that time, we also contracted with former Assembly Member Mike Gotch as a consultant on LAFCO issues.

Tell us a little bit about some of the challenges at that time with the newsletter and communication. How were you able to communicate to members regarding bills?

Yes, I can give you a day in the life of CSDA staff before the internet. We were facing the first ever ERAF bills.

We needed to get the information out to activate our members fast. The fastest communication method at that time was the fax machine. Bendy Bunac, one of the other CSDA staff members, and I printed out the list of all the CSDA members’ fax numbers, and we stood at the fax machine for hours putting one piece of paper in at a time until we faxed all CSDA members. Each time we needed

Volume 14 • Issue 5

to do a call to action, it took us almost a day to get the faxes out, one at a time, in the Nossaman workroom. They weren’t all that happy about us taking over the fax machine. So, our communication

Catherine Smith with Belinda Bunac.

channels at that time were the monthly CSDA News which was an eight-page two-color publication and the fax machine.

What was one of the biggest wins for CSDA during your time as their executive director?

My biggest win was the passage of Proposition 1A. When I started with CSDA special districts were relatively unknown, and what was known really wasn’t that positive. One of the charges I was given as the executive director was to have special districts recognized as the third leg of the local government stool.

People talked about local government as cities and counties; we wanted special districts added to that list. People used to say special districts “flew under the radar ” and weren’t an accountable form of local government. During my tenure with CSDA, the board of directors was very committed to increasing the transparency of special districts, increasing public knowledge of special districts, and helping the districts with their communications, outreach, and telling their story. Truthfully, one of the biggest factors to CSDA’s ability to engage was the change in leadership at the League of California Cities. Chris McKenzie came in; he was from Kansas and had big ideas. Chris immediately reached out to both the California State Association

of Counites (CSAC) and CSDA to form a strong voice for local government. He was charged up about keeping property taxes local and not letting the State take these funds needed to provide vital local services. This was also at the same time that Governor Arnold Schwarzenegger was elected and pledged to “blow up some boxes.” With apparent support by the Governor, CSAC, CSDA, the League and other local government organizations formed the Leave Our Community Assets Local (LOCAL) coalition. Together, we drafted Prop 1A, which we were able to get on the ballot in November 2004.

After a lot of hard work and collective commitment, it passed with 83% of the vote. Local government organizations had never really undertaken a statewide ballot measure. This was all new ground for many of us. It took a village to pass it and our village was amazing. I was really impressed with CSDA’s leadership because our organization had the most limited resources, but they really stepped up and elevated CSDA to a true partner in this effort.

In the same vein, but prior to Prop 1A, CSDA had started working to elevate special districts as a viable form of local government. In 2001, California was facing an energy crisis and local government associations were working with the Davis Administration on ways our members could help mitigate some of the demands on energy. Governor Gray Davis was back in Washington D.C. testifying; and some of the CSDA staff was watching the hearing on TV when we heard him say “one of his partners in addressing the energy crisis was local government” and he mentioned “cities, counties, AND special districts.” We all did a little happy dance.

Can you share an example of one of your fondest memories from your time working with CSDA and its members?

It has to be the people – the board members, the members, and the staff in particular. We had a lot of fun, and we

continued on page 22

21

Celebrating 50 Years of Service: 1969-2019

INTERVIEW

worked really hard for special districts. Sorry to say, but special districts aren’t all that exciting sometimes. You had to really believe that special districts were the government closest to the people and that the services they provided were essential for the quality of life of Californians to get jazzed up. Luckily, we all did. We all worked together – the board, the staff, and the members. It was an uphill battle for a long time, but we did it. Special districts really grew on me and I quickly turned into a vocal advocate for districts and their issues. CSDA has always been, and still is, only as strong as the people in the organization.

You have a long history with CSDA and have worked hard to see it get to where it’s at. What is your perspective on CSDA and it reaching this 50th milestone?

Thinking about CSDA’s 50th anniversary, I feel that it’s not so much about the number, but it’s where you’re at right now. It could be 50 years, 75 years, or 25 years.

It’s more about watching the organization transition from a smaller, unknown organization to where it is today. It wasn’t an easy road. We survived many attacks on our members and a lot of bad media coverage on misappropriation of funds and excessive reserves to legislators who wanted to reduce special districts to an arbitrary number in the state. For a while there, it was like one thing after another, and we just kept remembering the vital services our members provided to their communities and the value of special districts – government closest to the people. The special district community formed the Special District Leadership Foundation (SDLF). That was the first time all the special districts associations including parks, water, wastewater, mosquito and vector control, and cemetery all came together to address our challenges. Within SDLF, we developed the Special District Administrator (SDA) Program. We spent days and weeks writing items that reflected what a SDA should know. Being able to have an SDA gave someone the credentials to say, “I may be an engineer, but I’m also a credentialed special district administrator. I know how to be a general manager as well.” We worked with the Little Hoover Commission when they first came out with their report “Special Districts: Relics of the Past or Resources for the Future.”

We supported the Senate Local Government Committee in the development of What’s So Special About Special Districts? We took every opportunity to tell our story during a decade of challenges and obstacles. We just kept going with strong leadership and engaged members.

Now I look at CSDA with a big staff and big influence in Sacramento and remember where it was when we started. A lot of people have a lot to be proud of.

22

(Left to right) Catherine Smith, David Aranda, Chuck Beesley, and Bill Miller.

Who do you feel were the most influential people of CSDA and why?

William Hollingsworth was huge to me. He was one of the founding members of CSDA and was kind of the grandfather of CSDA. Then there was a group who really had a vision for CSDA: David Aranda, Bill Miller, Mike Glaze, Harry Ehrlich, and Chuck Beasley. They really wanted CSDA to be a full-service association.

When I started at CSDA, there was something called the Special District Institute (SDI) that did all the educational programs.

CSDA didn’t provide its own training; but rather endorsed the SDI program. These leaders, committed to the education of special district governing officials and staff, changed that by launching CSDA’s first educational series. Taking control over CSDA educational offerings was a significant change to the organization, and I believe a major game changer for the association. We facilitated the merger of CSDA’s two sister risk sharing pools (SDRMA and SDWCA) into one. CSDA innovators started the CSDA Finance Corporation. The California Special Districts Alliance was launched as we wanted to be a one stop shop for special districts. Over my 17 years, I watched this organization develop under visionary leaders, committed staff, and members who are proud to be part of the special district community.

What does CSDA mean to you?

CSDA is an organization that I was fortunate to professionally grow up in. They gave me a huge opportunity to become their executive director in 1994. I was 34. I was surrounded by a lot of male executive directors, but the CSDA board believed in me.

I started as the member services director, moved to the deputy director and ultimately to CSDA’s second dedicated executive director. I was honored, but it was a big jump for me professionally.

CSDA helped me to become the association management professional I am today; we sort of grew up together. I am still a huge advocate for districts and look back at my time with CSDA fondly with a big smile and a warm heart. There were many tough times and huge mountains to climb, but we did it together.

Happy 50th Anniversary, CSDA! California Special Districts • Sept-Oct 2019

Fun Facts City of Bell scandal in 2010 leads to a new era in transparency legislation.

Governor Jerry Brown signs into law SB 929 requiring all special districts to maintain an internet website by January 1, 2020.

State Legislature shifts local property tax dollars to the Educational Revenue Augmentation Fund (ERAF) in 1992.

Governor Ronald Reagan signed into law the California Public Records Act in 1968.

CSDA Newsbriefs started in 1986, renamed CSDA News in 1989. Now the electronic CSDA eNews is published weekly and the California Special Districts magazine is published six times a year.

Proposition 4, which requires the State to reimburse local agencies for state mandated programs, passed in 1979.

Volume 14 • Issue 5

The California State Senate published What’s So Special About Special Districts in 1991. CSDA supported the Senate Local Government Committee with the development of this publication.

CSDA’s first Annual Conference was in 1970 in Los Angeles. There were 69 attendees. Today, there are nearly 1,000 attendees at CSDA’s Annual Conference.

The first CSDA Lifetime Achievement Award was given to William Hollingsworth in 1993.

The award name was changed to his namesake, now called the William Hollingsworth Award of Excellence.

CSDA moved to its current location sharing the office building with SDRMA in the early 2000s.

George Takei of Star Trek was the keynote speaker for the 1995 CSDA Annual Conference, Special Districts: Live Long and Prosper.

CSDA offered its first trial membership in 2010.

The California Special Districts Alliance, joining CSDA, SDRMA, and the CSDA Finance Corporation, was established in 2002.

The passage of Proposition 13, which limits 1% ad valorem property tax and shifts authority over property tax allocations to State Legislature, occurred in 1978.

The passage of Proposition 218, which limits the authority of special districts to impose benefit assessments and property related fees, occurred in 1996.

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FEATURE

24

California Special Districts • Sept-Oct 2019

2019 BOARD SECRETARY/CLERK CONFERENCE SPEAKER

Take Back Your Day! Three Tips for Understanding and Planning Your Time and Resources

By Sandy Geroux, M.S.

If you’re like me, you not only receive multiple requests (all seemingly due at the same time), but you are constantly bombarded by the “latest and greatest” time-saving and productivity-enhancing tools! However, the hype often supersedes the reality when trying to find ways to master these tools and incorporate them into your daily routine.

I am excited to be the keynote speaker at the upcoming conference this November when I’ll be presenting my topic entitled “Don’t Drop the Ball: Methods to Help with Multi-Tasking.”

During this program, we’ll talk about the myths and truths about multi-tasking, as well as methods to help with prioritizing, handling emergency and nonemergency requests, time-chunking to create your ideal day and ways to talk with your leaders about setting boundaries and taking back control of your time.

In the meantime, since I know that new tasks will continue to land on your doorstep, let me offer three tips to help you capitalize on your strengths and keep your stress to a minimum.

Volume 14 • Issue 5

25

Polish your estimating skills

The first step in taking back control of our time is to polish our estimating skills. Whenever we are assigned a task, we think we know about how long it will take. But how many times are we shocked by the amount of time needed to accomplish what should be a simple task? One way to gain an understanding of your estimating skills is track your activities and the time spent on them: • Place a lined pad on your desk, within easy reach.

• Make two columns on the pad – one labeled Start Time and one labeled Activity.

• Upon starting any activity, record the start time and a brief description of the activity. Write all tasks, including phone calls. (Don’t get fancy with the form, or you’ll actually waste time. Don't worry about logging End Times; if you do it religiously, new Start Times will indicate when you ended the previous task).

• At the end of the day, you will see how long it took you to complete each task, as well how many times you were interrupted (a colossal time-waster).

• Tracking this for just 2-3 days will allow you to see patterns.

Once you’ve discovered patterns in your day, you can develop a plan to make the necessary changes.

“Time-Saving” Gadgets: One-Size Does Not Fit All!

If you are frustrated by a lack of success with the “latest and greatest” time-savers, join the club! Every new gadget or program comes with incredibly convincing hype… and we often fall for it. Although we really may need some of these items, here are a few tips to help determine if any new gadget or software program is right for you: • Ask yourself, “Will this make my life easier… or harder?” Will this technology shorten or simplify a process I do regularly? Is it worth the cost in money and learning time?

• Do I perform this task often enough to make learning new technology worthwhile? Consider not only the time to learn it, as well as the time spent re-learning it every time you use it.

• Know your learning and productivity styles: Are you more productive with visual reminders than auditory ones? If so, “hiding” your to do’s in electronic form and waiting for audible reminders may not be the

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California Special Districts • Sept-Oct 2019

2019 BOARD SECRETARY/CLERK CONFERENCE SPEAKER

best idea. Try it for a week; if you forget important items because they’re not visible, this may not be for you.

• Technology doesn’t have to be “all-or-nothing”: Sometimes a combination of electronic and manual systems works best. I love my smartphone for my calendar and address book, but hate it for my to do list. Call me old-fashioned, but if I hand-write a list of important items, they seem more real, I remember them better, and I get a great feeling of accomplishment from manually crossing them off my list when completed.

Keep in mind that most technology today has SO much functionality built into it that you’ll never use it all – so don’t even try! Just find apps with the right functionality for you, try before you buy (if possible), then spend your valuable time and money on learning those that will make your life easier.

Don't Assume - Clarity Saves Time!

How much time is wasted by assuming that others have the same understanding we do? I recently spoke with a young college student named Janet who wanted to change cell phone plans, but she first had to switch her friend Cindy (who was on her plan) to another service. Their joint plan subscription ran from the 14th of one month to the 13th of the next.

When Janet said she’d inform Cindy that the current plan would continue until “the end of the month”, I asked if Cindy knew she really meant the 13th (the fiscal month end), rather than the 31st (the calendar month end). She replied, “I assume she does… it’s always been that way!” What problems are hidden in this scenario?

• Janet pays the bills and is constantly reminded of the plan dates, but Cindy isn’t.

• She may have told Cindy those dates (two years ago) but Cindy has probably forgotten them.

• Cindy could have assumed that because a change was occurring, she had until the end of the calendar month to get her own plan.

• If Janet switched services before Cindy expected her to, Cindy would be left without service.

Watch for these simple, innocent-looking miscommunications.

Think ahead, analyze your words, and remember that assumptions are not facts. Being very clear in all our communications will not only save other people time and energy, but keep us from having to repeat, clarify or correct situations that arise.

By following and mastering these tips, you will vastly improve your understanding of your own time and resource needs, as well as your critical communication skills. This will allow you to take back hours of time in your workdays and put them to work creating the results you and your leader desire.

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LABOR COMPLIANCE

Sandy is the keynote speaker for the upcoming CSDA Board Secretary/Clerk Conference November 12-14, 2019 in Monterey presenting on “Don’t Drop the Ball: Juggling Multiple Priorities.” In the old days, support staff had limited responsibilities and could focus on one task at a time. No more!

Today’s admin typically has not only routine daily tasks, but also undertakes special projects, managerial responsibilities, and teamwork. That’s not to mention the unexpected and urgent things that come up each day. Help is here.

This fast-paced session provides realistic techniques for setting priorities, tips on managing time so that the unexpected doesn’t control you, and ideas for boosting your ability to focus and reduce distractions. Don’t miss it – register at csda.net!

Volume 14 • Issue 5

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CSDA Member 27

FEATURE

BACK to SCHOOL With a Focus on Local Government

By Randi Kay Stephens, Associate Program Manager, Institute for Local Government

Each

fall, students head back to school to gain new skills and make lifelong memories.

The Institute for Local Government (ILG) wants to make sure that local government is one of those fond and distinct memories that last a lifetime.

ILG has developed resources to help your district engage with the next generation of community members and the future of our public sector workforce. Our resources include civic engagement materials as well as examples of how to organize short-term work experience or job shadowing opportunities to help young people learn about the wide range of careers in your district.

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California Special Districts • Sept-Oct 2019

Civic Engagement

ILG’s recently revised “Picture Yourself in Local Government” (PYLG) curriculum is now available for schools and local agencies (www.ca-ilg.org/pylg).

The latest update includes interactive activities to help high school students learn about the role of local government, as well as the variety of people responsible for maintaining our many essential public services and administration and governance of our cities, counties, and special districts.

Volume 14 • Issue 5

Why does this matter to your district? PYLG curriculum can be used for: • information packets for student tours of government offices • new staff orientations • preparing staff to speak about local government in a classroom, and /or • educating boards, commissions, and leadership academies about local government structure and functions continued on page 30

29

FEATURE

PYLG Generates Excitement for Local Government Careers

PYLG was first developed in 1994 as a unique student guide to learn about local government. The new version of PYLG aligns with California Department of Education’s recently revised History-Social Sciences Framework.

“Planting the seeds of local government interest takes time,” says Oxnard Harbor District Commissioner Mary Anne Rooney. “The Oxnard Harbor District takes great pride in educating our local youth on the services we provide, how we provide them, and how young people can participate in our community.”

PYLG is available for your district to use free of charge. Staff, educators and the public can use the curriculum to explore the nuances of local government’s history, structure, players, services and finances.

The curriculum also emphasizes the variety of ways youth and adults can actively participate in local government through the policy-making process or by working in an agency to implement programs and services.

PYLG’s design encourages critical thinking and helps participants engage in meaningful discussion about topics such as: • how local government can make life better for people • local government leadership structures • how citizens can enact change • how local government meets community needs • how programs and services are funded Many adults currently serving in local government wish they had learned about essential services, administration, and governance earlier in their civic journey and professional careers. If your district would like to ensure the next generation has an opportunity to learn about local government before they enter the workplace, download the updated materials at www.ca-ilg.org/pylg.

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It is never too early to talk to youth about career opportunities.

Governments Engaging Youth Toolkit

It is never too early to talk to youth about career opportunities. The number of local and state government employees retiring means a new cohort of public employees need to take the helm. Educating the next generation about the variety of careers available in the public sector is crucial to ensure that qualified public servants are ready to work in local government. Additionally, with dismally low voting records and lack of awareness about local government functions, it is important that special districts (as well as cities, counties, and school districts) look at educating younger constituents about the roles and responsibilities of different agencies. Young people have the world in front of them, and unless they are introduced to the essential services provided by local government, and the many interesting and fulfilling career options, local government will not be part of their job search.

WHAT IS WORK-BASED LEARNING? Work-based learning is a spectrum of opportunities provided to young people so that they may: • Become aware of career possibilities through tours, site visits, guest speakers, etc.

• Explore opportunities via informational interviews, job shadows, and internships.

• Train for specific careers through apprenticeships, on-the-job training, or work experience.

To increase civic engagement, the awareness of local government careers and the pathways to enter public service, ILG created the Governments Engaging Youth Toolkit (www.ca-ilg.org/GEYToolkit). The toolkit helps guide local government staff through the process of starting or scaling an effort that connects youth to government. Additionally, the toolkit provides materials and resources for agencies to successfully engage young people in civic California Special Districts • Sept-Oct 2019

and work-based learning experiences. The GEY Toolkit includes: • A Readiness Assessment to Start or Scale a Program, • Municipal-School Partnership Resources (sample agreements and more), • Infrastructure for Successful Programs (logistics, recruitment, staffing, etc.), • Program Content Development (competencybased program planning), • Youth Development and Engagement Resources, and • Local government examples.

Through both summer and in-school experiences, special district staff can raise awareness of local government careers and how students can actively participate in their community. With ILG’s resources, special districts can start building, or scaling, partnerships and engage with their community’s young people. Working together, local government leaders and education institutions can collaborate to plant the seeds of lifelong interest in local government.

Resources

• Picture Yourself in Local Government: www.ca-ilg.org/pylg • Governments Engaging Youth Toolkit: www.ca-ilg.org/geytoolkit • Webinar featuring special districts on how to engage the next generation into public service: www.ca-ilg.org/post/special-districtspreparing-next-generation-local-leaders

Volume 14 • Issue 5

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31

COMMUNITY CONNECTIONS

Rim of the World Recreation and Park District’s New Lake Gregory Education and Community Center

By Karen Reams and Carly Korn, Rim of the World Recreation and Park District

O

pening the Lake Gregory Education and Community Center was a joint effort by the Rim of the World Recreation and Park District and the Rim of the World Unified School District. Both districts serve the Rim of the World community nestled in the San Bernardino Mountains.

The Lake Gregory Education and Community Center was previously known as the Lake Gregory Elementary School, a school district facility that opened in 1998. At the time, the Rim of the World Unified School District was showing signs of increased enrollment and all of the school district’s elementary schools were near capacity. Unfortunately, shortly after Lake Gregory Elementary School was opened, the district then began to experience a decline in student enrollment. In June of 2009, the school was closed as a cost saving measure. Parts of the school were temporarily used as a continuation school from 2010 to 2015, but since then the continuation school 32

moved back to the main high school and the school closed its doors once more.

The facility is amazing and at the time of construction was considered state of the art. It was designed with an open concept that allowed partition walls and windows to create an open atmosphere and inviting learning environment. There were many ideas for the facility, but due to the constraints the school district was under only a few options could be possible.

Knowing this and the eager desire to provide the community of Crestline their own facility, the Rim of the World Recreation and Park District began negotiating with the school district on a lease agreement that would allow the school to open its doors once more.

During the time the school was closed, the building and outdoor areas had fallen into a significant state of disrepair.

The playground area and open field area had irrigation issues, the outdoor basketball courts and handball courts California Special Districts • Sept-Oct 2019

were cracked, the outdoor bathrooms needed repair, the facility needed a deep cleaning, and all the utilities needed attention since they had been turned off for so long. The school suffered some vandalism and breakins. A lot of love was needed to make the facility secure, safe, and inviting.

The lease agreement was approved by both the school district and the park district in January 2018 and the Rim of the World Recreation and park district held a grand opening in the following month to get ideas and feedback from the community as to what type of programs they would like to see in the center. The feedback was great, but the park district believed the center needed a lot of improvements if was going to be used for the type of ideas the community had in mind. For example, many community members wanted a place to work out, take fitness classes, and exercise. The park district turned one classroom into a dance and fitness studio, supplying the room with full length mirrors on the walls, wood flooring, exercise bares, and sound equipment. Although not all sections of the facility are occupied by the park district, the lease encompasses the Volume 14 • Issue 5

first floor and includes four classrooms, a large gymnasium, industrial kitchen, and stage. Since acquiring the facility, the park district added a little league field, repaired the black top, and cleaned up the community center inside and out.

Interior upgrades were also implemented.

Currently more improvements need to be made, but the facility is enjoyable and serves its purpose.

The classrooms are used for contract classes, special interest programs, and/ or self-help programs. The dance and fitness studio, which was a classroom, now services dance lessons and exercise programs. The large gymnasium is a large multipurpose room and tapers off to a stage on the far side of the gym.

Many local community organizations have plans for music concerts and stage performance. This gym is the home to many different events and meetings.

It acts as the “main event” of the community center and is home to our youth basketball league, adult basketball league, gymnastics program, pickleball, and table tennis, not to mention special sport camp activities like gaga ball, broomball, indoor wiffleball, and Nerf ninja nights. The gym is also a host for indoor community movie nights, community dances, and large events.

The park district currently plans and hosts two major events at the Lake Gregory Education and Community Center. The Run Through the Pines (5K and 10K running event) celebrated the district’s 40th anniversary in August 2019 and the center was the perfect continued on page 34

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33

COMMUNITY CONNECTIONS

staging area for roughly 300-400 runners to run around Lake Gregory. Halloween in the Park, another LGECC event, sees about 500 people who come and take part in the Crestline communities haunted house, hayride, and local vendor/ business/organization trick-or-treating.

Opening and renovating the facility has restored a lost recreational culture and has reinvigorated the entire mountain community.

The park district has contracted with a local church to lease the facility on Sundays for its services. The facility also has a dedicated teen center that is free and open after school. The teen center was built with community donations and many local teens take pride in their facility. These are just some of the opportunities we have undertaken to continue to serve our local mountain residents. One of the

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major issues our district was having was a place for people to gather, a meeting place, and a place to make friends. By re-purposing and renovating this facility, we have added to the infrastructure of the entire 110 square miles of our district. What was once a locked facility serving no purpose for our mountain residents is now open for the residents of the San Bernardino Mountains.

Within our boundaries and under our small district operations we have learned to work collaboratively with the agencies and leaders within our community. Because of the leadership of the Rim of the World Recreation and Park District and our board of directors, our residents have gained new avenues for success and have established genuine working relationships to better our services.

California Special Districts • Sept-Oct 2019

DISTRICT TRANSPARENCY CERTIFICATE OF EXCELLENCE

SHOW YOUR DISTRICT’S COMMITMENT TO BEING OPEN AND ACCESSIBLE. SPECIAL DISTRICT LEADERSHIP FOUNDATION

The District Transparency Certificate of Excellence was created to promote transparency in the operations and governance of special districts. There are no fees for this certificate and districts will be recognized for two full years.

Earning the certificate is a tangible acknowledgement of transparency efforts. Demonstrate to your constituents and other stakeholders your district’s commitment to being open and accessible to them.

1112 I Street, Suite 200, Sacramento, CA 95814 Volume 14 • Issue 5

•

t: 916.231.2909

•

www.sdlf.org 35

MANAGERS CORNER

Cultivating a Workplace Culture of Respect in a Polarized Society

By Michael A. Willihnganz, Director of Administrative Services, Placer County Water Agency

I

think it is fair to say that we are currently living in a nation divided. There should be little debate about that. As our political parties have become increasingly polarized over the last several years, our society in general has become incredibly fractured along both political and ideological lines. This divisiveness is readily apparent regardless of which sociopolitical lens is used–republican/democrat, liberal/conservative, red state/blue state, urban/ rural, or heartland/coastal.

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Political analyst Bill Schneider recently made the comment that our nation is the most divided since the Civil War. Recent polling data seems to substantiate that claim.

An NBC/Wall Street Journal poll reported that 8 out of 10 people believe the country is “mainly” or “totally” divided.

If there is one thing the majority of us can agree on, it’s that we are truly a divided nation.

The divisiveness which permeates our country today has, not surprisingly, been accompanied by a

deterioration of civility, common courtesy and respect within our society. The anger that is emanating from our polarized nation is breeding mean-spirited behavior.

There have been numerous reports of public officials being heckled, or worse, while dining in a restaurant.

Violence at political rallies is becoming commonplace, and the number of confrontations over ideology on university campuses is ever increasing.

Conversations among family members, friends, and work colleagues regarding current

affairs often become heated and emotional. Social media and cable news outlets are filled with polarizing commentary.

The societal discord that we are experiencing today should be concerning to those of us who serve in leadership roles in our special districts. Special districts are a microcosm of society. They reflect a diverse workforce characterized by various ethnic groups, religions, personalities, political views, ideologies, values, generations, and work styles.

California Special Districts • Sept-Oct 2019

Without a strong, positive workplace culture of respect, our organizations run the risk of becoming just as polarized as society at large. A divided workplace, in which disrespectful behaviors are ignored or tolerated, is unacceptable.

Such a workplace will experience reduced productivity and service delivery, increased employee conflict, and abnormally high employee turnover. In short, it is not the high-performing special district that we desire and strive for.

Organizational cultures are created, in part, by leaders. In reality, one of the most important aspects of leadership is the creation and management of the organization’s culture. A positive workplace culture which emphasizes mutual respect does not occur by chance.

A divided workplace, in which disrespectful behaviors are ignored or tolerated, is unacceptable.

It involves shaping, guiding and reinforcing acceptable behaviors.

It requires leading by example, establishing expectations, and holding employees accountable. Yes, it takes vigilance and commitment, but the alternative is an unpleasant work environment and an under-performing organization.

The keys to creating and sustaining a workplace culture built upon mutual respect are not complicated. Nor is a culture of respect likely to face any resistance or opposition. If you ask employees what they desire most

from their managers and coworkers, at the top of the list you will likely hear the word “respect.” In fact, many employees would choose a respectful workplace culture over a bigger paycheck. As surprising as that may sound, it accentuates just how important a positive workplace culture is to a special district.

How does a special district create a workplace culture that is built upon mutual respect? There are several elements that need to be in place and continued on page 38

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IF THE CULTURE ISN’T DRIVEN FROM THE TOP OF THE ORGANIZATION, AN UNINTENDED, AND LIKELY UNDESIRABLE, CULTURE IS LIKELY TO EMERGE BY DEFAULT.

that should work in concert to create and sustain a positive culture.

• It All Starts With Leadership.

The leadership of the special district must define the culture it desires, constantly reinforce that culture, and model the desired behavior. It is leadership’s responsibility to serve as the champion, cheerleader, and chief advocate for the culture it expects. If the culture isn’t driven from the top of the organization, an unintended, and likely undesirable, culture is likely to emerge by default. Leadership must also ensure that appropriate human resources systems (e.g., hiring, onboarding, performance management, training and development) are in place and properly aligned to monitor, support and safeguard the culture.

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• Recruit and Hire Carefully.

New hires should be selected not only for the technical skills they possess, but also for the attributes and characteristics that are consistent with the positive culture that the special district desires. Respect, communication, teamwork and collaboration are examples of qualities that are essential for a positive workplace culture. While it may be difficult to adequately measure these characteristics through an interview process, reference checks often prove to be highly insightful. The probationary period is an effective way to evaluate the new hire’s on-the-job behavior. Probation is simply an extension of the hiring process. It provides the strongest evidence as to whether the new hire is the proper fit for the culture of the organization. If it becomes evident during the probationary period that

a hiring misstep has occurred, the organization should not be shy about ending the employment relationship.

• The Importance of Onboarding.

It is important to set the tone regarding the special district’s cultural expectations from the moment the new hire enters the workplace. The formal onboarding process is the ideal time to do this. The characteristics of the culture (e.g., respect, communication, teamwork, collaboration) should be emphasized and the expectations for employee behavior should be clearly communicated.

• Performance Feedback is Key. The performance management program should be used not only to address performance standards (e.g., quality and quantity of work), but also to reinforce cultural expectations. When an employee California Special Districts • Sept-Oct 2019

exhibits behavior that is inconsistent with the cultural norms and expectations of the workplace, such behavior should be addressed and corrected. Just as employees are evaluated and held accountable for meeting work performance standards, they must also be held accountable for meeting behavioral standards consistent with the cultural norms. Performance feedback, both positive and negative, is vital to shaping and reinforcing appropriate behavior.

• Emphasize Communication Skills. Where conflict or strained relationships exist within the workplace, the culprit is often miscommunication.

By developing and emphasizing good communication skills, a more positive, collaborative work environment can be achieved. Good communication consists of far more than simply conveying a clear message. It includes treating people with curtesy and politeness; listening to what others have to say before expressing a viewpoint; maintaining an open mind; and being cognizant of body language and tone of voice. It is said that 93% of communication is nonverbal (i.e., body language and tone). A relaxed and friendly demeanor conveys approachability and leads to more effective and comfortable communication. Email is particularly vulnerable to miscommunication since body language and tone cannot be expressed. Employees should be coached and mentored to craft their email messages carefully to avoid misunderstandings.

• Refuse to Tolerate Disrespectful Behavior.

Employees who engage in behavior which is at odds with the organization’s culture should be held accountable for their actions. The special district should never tolerate or ignore disrespectful behavior. When coaching, mentoring and training fail to bring about the desired improvement, the progressive discipline process should be used in an effort to correct the unhealthy behavior.

• Replace Problem Employees. When efforts to reshape inappropriate behavior are unsuccessful, it is likely time to assist the employee in exiting the organization. An employee whose behavior is incompatible with the organization’s culture is harmful to the work environment. Furthermore, permitting the employee to remain with the organization while tolerating unacceptable behavior sends the wrong message to the special district’s workforce. It is generally in the best interest of the special district to replace a problem employee with someone who is a better organizational fit.

A special district that becomes as polarized and contentious as our society is likely to experience an increase in workplace conflicts, absenteeism and turnover, coupled with reduced organizational performance. In contrast, a respectful workplace will likely see more engaged and productive employees. In a culture of respect, a sense of fairness prevails, relationships become stronger, job satisfaction increases, and teamwork and collaboration surge. It is only when these conditions are present that the special district has the opportunity to reach its true potential.

• Don’t Let it Become Personal. There is much diversity in our special districts today.

The various political affiliations, ideologies and beliefs are often accompanied by competing viewpoints and opinions. As stated previously, our organizations are a microcosm of society. Competing viewpoints and opinions are fertile ground for conflict. Differences should never be allowed to become personal within our special districts.

For 75 years, Nossaman has partnered with public, private, and Leadership must ensure that all governmental agencies to provide customized legal strategies. employees are treated fairly and Nossaman is a full-service public agency law firm based in California. respectfully regardless of their age, Our attorneys provide counsel to special districts in areas such as Public race, religion, political leanings, Finance, Public Agency Law, Water, Environment, Land Use, Infrastructure, etc. Employees should understand Employment, Data Protection, Insurance Recovery, Public Policy, and that insulting, disparaging or Eminent Domain. What solutions are you seeking? criticizing others because of their ideologies, beliefs or opinions is unacceptable and inconsistent with nossaman.com the organization’s culture.

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Volume 14 • Issue 5

39

TAKE ACTION

IF YOU WANT TO CHANGE THE LAW, NOW’S YOUR CHANCE Is your special district facing an issue that could potentially be resolved through statewide legislation? Do you have an idea to create, improve, or eliminate a law affecting special districts throughout the state?

CSDA is inviting special districts to submit ideas for legislation that could potentially be selected as a CSDA sponsored bill for the 2020 legislative year. Share your legislative proposal with the CSDA advocacy team by completing and submitting CSDA’s 2020 Legislative Proposal Submission Form, along with any supporting materials.

Legislative proposals should broadly focus on furthering the interest of all types of special districts, regardless of geographic region or type(s) of service provided. All submissions are reviewed by CSDA staff and assessed for political implications, potential consequences, cost of

TAKE ACTION SEASONS OF ADVOCACY: FALL • Host your legislators and their staff for tours of your district facilities while the Legislature is on fall interim study recess.

• Attend your legislators’ community events and invite them to yours.

• Watch for opportunities to share positive stories in the news and on social media.

implementation, likelihood of success, and more. Selected proposals will then be presented to the CSDA Legislative Committee for final approval.

This year, CSDA sponsored two bills that have been held over as two-year bills. A third bill, SB 287 (Nielsen), is actively moving through the legislative process.

SB 287 would return the test claim filing deadline with the Commission on State Mandates to tracking with the fiscal year rather than the calendar year. This bill proposal puts back in place what had been the practice of the commission for over a decade by changing the filing period for mandate test claims back to June 30 of the fiscal year following the fiscal year in which increased costs were first incurred by the test claimant.

Ultimately, the purpose of the bill is to allow special districts more time to track and submit claims for costs related to state-mandated programs and services.

The deadline for CSDA members to submit a 2020 Legislative Proposal Submission Form is September 30, 2019. To request a form or for any questions, please contact CSDA Legislative Analyst-Attorney Mustafa Hessabi at mustafah@csda.net.

Essential Communications for Every Special District Workshop If you are not telling your story, someone else is. Learn the essential communications practices for special districts in today’s media and political landscapes. Professional communications consultants will cover interviewing with the press, presenting at public events, and developing your story for your audience. Additionally, CSDA’s advocacy and public affairs staff will cover the fundamentals for every district to successfully engage with its local legislators and the State legislative process.

As part of CSDA’s District NetWorks Workshop Series, these workshops are only $25 for CSDA members and include lunch sponsored by the California Special Districts Alliance.

• October 16 – Marina, CA (Coastal Network) • October 30 – Santee, CA (Southern Network)

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California Special Districts • Sept-Oct 2019

FINANCING YOU CAN TRUST. www.csdafinance.net

Volume 14 • Issue 5

41 A proud California Special Districts Alliance partner.

MANAGING RISK

Legal Update:

NEW LAWS What Every California Public Entity Needs to Know About New Laws SB 188 – The CROWN Act

For additional information, please contact SDRMA Chief Risk Officer Dennis Timoney at dtimoney@sdrma.org.

42

On July 3, 2019, Governor Gavin Newsom signed Senate Bill 188 to make California the first state in the nation to ban racial discrimination based on natural hair. The new law amends the Fair Employment and Housing Act and the Education Code to prohibit employers and schools from enforcing purportedly “race neutral” grooming policies that disproportionately impact persons of color. Under this bill, employers would still be able to make and enforce certain policies, so long as they are valid and non-discriminatory, and have no disparate impact. For example, employers can still require employees to secure their hair for safety or hygienic reasons.

The bill states in part, “Under the California Fair Employment and Housing Act, it is unlawful to engage in specified discriminatory employment practices, including hiring, promotion, and termination based on certain protected characteristics, including race, unless based on a bona fide occupational qualification or applicable security regulations.” The act also prohibits housing discrimination based on specified personal characteristics, including race. The act also prohibits discrimination because of a perception that a person has one of those protected characteristics or is associated with a person who has, or is perceived to have, any of those characteristics. Existing law defines terms such as race, religious beliefs, and sex, among others, for purposes of the act.

California Special Districts • Sept-Oct 2019

This bill would provide that the definition of race for these purposes also include traits historically associated with race, including, but not limited to, hair texture and protective hairstyles, and would define protective hairstyles for purposes of these provisions.”

SB 41 – Civil Actions: Damages

Existing law authorizes a person who suffers a loss or harm to that person or that person’s property, from an unlawful act or omission of another to recover monetary compensation, known as damages, from the person in fault. Existing law specifies the measure of damages as the amount which will compensate for the loss or harm, whether anticipated or not, and requires the damages awarded to be reasonable.

This bill would prohibit the estimation, measure, or calculation of past, present, or future damages for lost earnings or impaired earning capacity resulting from personal injury or wrongful death from being reduced based on race, ethnicity, or gender.

AB 453 – Emergency Medical Services: Training

Under existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, the Emergency Medical Services Authority is responsible for establishing minimum standards and promulgating regulations for the training and scope of practice for an emergency medical technician-I (EMT-I), emergency medical technician-II (EMT-II), and

emergency medical technician-paramedic (EMT-P).

This bill would require EMT-I, EMT-II, and EMT-P standards established pursuant to the above provision to include a training component on how to interact effectively with persons with dementia and their caregivers. The bill would specify that the authority is authorized to consult with community organizations advocating on behalf of Californians with dementia or alzheimer’s disease in developing the component.

AB 672 – Public Employees’ Retirement: Disability Retirement: Reinstatement

The Public Employees’ Retirement Law (PERL) creates the Public Employees’ Retirement System, which provides pension and other benefits to members of the system and prescribes conditions for service after retirement. PERL and the California Public Employees’ Pension Reform Act of 2013 establish various limits on retirement benefits generally applicable to a public employee retirement system, and prescribes, among other things, limits on service after retirement without reinstatement into the applicable retirement system.

PERL authorizes a person retired for disability to be employed by any employer without reinstatement in the system if specified conditions are met, including, among others, that the person is below the mandatory age for retirement for persons in the job in which the person will be employed, the person is found by the board to not be disabled for that employment, and the position is not the continued on page 44

SDRMA Board and Staff Officers

Staff

MIKE SCHEAFER, PRESIDENT Costa Mesa Sanitary District

LAURA S. GILL, ICMA-CM, ARM, Chief Executive Officer C. PAUL FRYDENDAL, CPA, Chief Operating Officer DENNIS TIMONEY, ARM, Chief Risk Officer ELLEN DOUGHTY, ARM, Chief Member Services Officer HEATHER THOMSON, CPA, Chief Financial Officer DEBBIE YOKOTA, AIC, Claims Manager WENDY TUCKER, Member Services Manager ALANA LITTLE, Health Benefits Manager DANNY PENA, Senior Claims Examiner JENNIFER CHILTON, Senior Accountant ALEXANDRA SANTOS, Health Benefits Specialist II PHILLIP BOTTOMS, Member Services Specialist II HEIDI UTMAN, Accountant JACK BUCHANAN, Accounting Technician HEIDI SINGER, Claims Examiner I TERESA GUILLEN, Member Services Specialist I

SANDY SEIFERT-RAFFELSON, VICE PRESIDENT, Herlong Public Utility District ROBERT SWAN, SECRETARY, Groveland Community Services District

Members of the Board DAVID ARANDA, SDA, Stallion Springs Community Services District JEAN BRACY, SDA, Mojave Desert Air Quality Management District ED GRAY TIM UNRUH, SDA, Kern County Cemetery District No. 1

Consultants DAVID BECKER, CPA, James Marta & Company, LLP LAUREN BRANT, Public Financial Management DEREK BURKHALTER, Bickmore Actuarial CHARICE HUNTLEY, River City Bank FRANK ONO, ifish Group, Inc. ANN SIPRELLE, Best Best & Krieger, LLP KARL SNEARER, Apex Insurance Agency DOUG WOZNIAK, Alliant Insurance Services, Inc.

Volume 14 • Issue 5

Special District Risk Management Authority 1112 I Street, Suite 300, Sacramento, CA 95814 tel: 800.537.7790 • www.sdrma.org

43

Liebert Cassidy Whitmore

Supporting California Special Districts Since 1980.

position from which the person retired or a position in the same member classification from which the person retired.

This bill would prohibit a person who has retired for disability from being employed by any employer without reinstatement from retirement if the position is the position from which the person retired or if the position includes duties or activities that the person was previously restricted from performing at the time of retirement, unless an exception applies. The bill would require, if a person retired for disability is employed by an employer without reinstatement, an employer to provide to the board the nature of the employment and the duties and activities the person will perform.

Fair Employment and Housing Act (FEHA)

Litigation Negotiations Labor Relations Preventative Training Business & Construction Personnel Evaluation Employment Law Wage & Hour Retirement

WWW.LCWLEGAL.COM

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SB 1300 creates a new government code section 12923 under FEHA, which mandates the following: The “severe or pervasive” legal standard is rejected so that a single incident of harassing conduct is now sufficient to create a triable issue of fact regarding the existence of a hostile work environment. The bill also expands this liability to cover all forms of harassment, rather than being limited, as it is under current law, to only sexual harassment.

The bill strikes the word “sexual” preceding the word “harassment” in Government Code Section 12940(j) (1) to effect this change in the law.

A plaintiff no longer needs to prove his or her “tangible productivity” declined as a result of harassment in a workplace harassment suit, and may instead show a “reasonable person” subject to the alleged discriminatory conduct would find the harassment

altered working conditions so as to make it more difficult to work.

Any discriminatory remark, even if made by a non-decision maker or not made directly in the context of an employment decision, may be relevant evidence of discrimination in a FEHA claim; and the legal standard for sexual harassment will not vary by type of workplace, and courts will therefore only consider the nature of the workplace in a harassment claim when “engaging in or witnessing prurient conduct or commentary” is integral to the performance of an employee’s job duties.

Establishes the legislature’s intent that “harassment cases [under FEHA] are rarely appropriate for disposition on summary judgment.” This means that FEHA harassment claims will be more difficult to get dismissed in court before trial, regardless of the merit of the allegations.

In addition, SB 1300 prohibits, in exchange for a raise or bonus, or as a condition of employment or continued employment, an employer from requiring the execution of a release of a FEHA claim or the signing of a nondisparagement or nondisclosure agreement related to unlawful acts in the workplace, including sexual harassment.

The statute also provides that an employer may be liable for nonemployees’ sexual harassment or other unlawful harassment of the employer’s employees, applicants, unpaid interns, volunteers, or contractors, if the employer or its agents or supervisors knew or should have known of the conduct and failed to take immediate and appropriate corrective action.

California Special Districts • Sept-Oct 2019

DISTRICTS MAKE THE DIFFERENCE

Last Chance for Students to Win $2,000 Scholarship by Making a Special District Video

S

t s e t con

tudents in your community have until September 30 to submit a 90-second video at DistrictsMakeTheDifference.org for the opportunity to win up to $2,000 in scholarship prize money. As students throughout California come back to school, this is a fun extracurricular project they can take on before too much homework piles up.

Make sure students in your local schools don’t miss out.

Share this opportunity with your local schools today!

The goal of the video contest is to provide a unique and fun way for young people to educate themselves about the special districts serving their communities. It’s also a great way to earn scholarship funds to pay for higher education.

CSDA officials will choose five finalists from the video submissions and feature those videos at DistrictsMakeTheDifference.org. Then the public will vote

for their favorite videos and the top three winners will be announced! The winners will take home: - $2,000 to the first place winner - $1,000 to the second place winner - $500 to the third place winner Want your special district to promote the video contest?

Here are a few easy steps: - contact your local superintendent, principle, or teachers to share the opportunity - post about it on your district’s social media - add a link to the contest on your district website - put a contest flyer up at your district office - reach out to colleagues, friends, and family and ask them to spread the word.

Find promotional materials and other contest information at DistrictsMakeTheDifference.org.

Does your district want to help promote the contest?

Resources are available to help you promote the student video contest on your website, social media, or in your office. Start spreading the word using these resources at www.DistrictsMakeTheDifference.org.

Volume 14 • Issue 5

MAKE THE

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MONEY MATTERS

The California Uniform Public Construction Cost Accounting Act and How it Benefits Public Works Projects Implemented by Special Districts

By Will Clemens, Director, County of San Luis Obispo Central Services Department

Have you ever heard the acronym CUPCCAA spoken in your special district circles? Perhaps you have and wondered what the strange term means. Or maybe you are one of the 329 special districts that utilizes CUPCCAA and are very familiar with the term. Whatever the case, CUPCCAA, or the California Uniform Public Construction Cost Accounting Act (Act), was enacted in 1983 and codified in Public Contract Code Section 22000 et seq.

46

The name is a bit of a misnomer as the Act has little to do with accounting, but mainly involves an alternative bidding process for capital projects constructed by public agencies. The intent of the Act was to promote uniformity of the cost accounting standards and bidding procedures on construction work performed or contracted by public entities in the state. To date, 1,239 public agencies throughout the state, including cities, counties, school districts, community college districts, and special districts have opted in to utilize the advantages of the Act. Typically, the enabling legislation for public agencies includes old and outdated dollar limits above which construction projects must be formally bid. Usually these range

from $5,000 to $25,000. In today’s environment, this almost always requires that construction projects go through the time consuming and inefficient design and formal bid process. CUPCCAA allows agencies to perform construction projects up to $60,000 with their own forces or by purchase order or negotiated contract.

Projects up to $200,000 can be performed with a streamlined informal bidding process. These efficiencies can save agencies time and money on their capital programs.

Many participating agencies appreciate the program because it has given them more leeway in the execution of public works projects under a certain dollar amount; sped up the award process; expedited project delivery; reduced the time, effort, and expense associated with bidding projects under $200,000; and simplified administration for those projects. Few agencies have experienced challenges with the accounting requirements and overhead provisions. Moreover, adjustments, when required, have been relatively simple; most required procedures were already in place, so there were few, if any, major changes to existing operations.

If a public agency wishes to opt into the Act, it is a relatively simple process. The governing body must elect by resolution to become subject to the Act and must file a copy of the approved resolution with the State Controller’s Office. Sample resolutions are available on the commission’s website at: https://sco.ca.gov/ard_ cuccac.html. Once an agency has opted into the Act, it will remain a part of the

California Special Districts • Sept-Oct 2019

program, however, an agency can always opt out of the Act by resolution of its governing body.

The Act is overseen by the California Uniform Construction Cost Accounting Commission (CUCCAC).

It consists of 14 unpaid Commissioners: 13 members appointed by the state controller and the license “A” member of the Contractors’ State License Board. Seven members represent the public sector (counties, cities, school districts, and special districts). Six members represent the private sector (public works contractors and unions). The chairperson of the commission and the commissioner representing special districts will present an entire session on the Act at this year’s CSDA annual conference in Anaheim. This session will discuss the various benefits of participating in the CSDA Act and helpFall special districts 2019 - 1/4 pg. Ad determine if opting into the Act is right for them. For those special districts that have already opted into the Act, this session will provide an update on recent changes that have simplified participation in the Act and give practical advice on what pitfalls to avoid in utilizing the Act. We hope to see you there!

Emergency & Interim Financing Now Available The CSDA Finance Corporation offers a variety of financing solutions to meet your agency’s needs. We now provide specialized direct placement options including emergency financing up to $1 million and interim financing up to $10 million. Both options are eligible for prepayment anytime with zero prepayment penalty.

Whether your financing need is large or small, make CSDA Finance Corporation your first call.

Get a free, no obligation quote online at www.csdafinance.net or call 877.924.2732.

CSDAFC Board and Staff Officers JO MACKENZIE, PRESIDENT, Vista Irrigation District PAUL HUGHES, VICE PRESIDENT, South Tahoe Public Utilities District MATTHEW MCCUE, SECRETARY, Mission Springs Water District

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ALEX BRANDON, TREASURER, Phelan Pinon Hills Community Services District

Members of the Board GEORGE EMERSON, Goleta Sanitary District GLENN LAZOF, Regional Government Services Authority VINCE FERRANTE, Moss Landing Harbor District

Consultants RICK BRANDIS, Brandis Tallman, LLC DAVID MCMURCHIE, McMurchie Law WILLIAM MORTON, Municipal Finance Corporation ALBERT REYES, Kutak Rock LLP SAUL ROSENBAUM, Prager & Co., LLC DEBORAH SCHERER, BNY Mellon Trust Co., NA NICOLE TALLMAN, Brandis Tallman, LLC

Staff NEIL MCCORMICK, Chief Executive Officer CATHRINE LEMAIRE, Program Manager

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Volume 14 • Issue 5

49

Your Community. Your Services. Your District!

We are happy to announce the launch of our new public outreach campaign, Districts Make the Difference.

This campaign is centered on the concept that special districts go beyond providing important services to their communities. They make a difference in the lives of their residents and help our state thrive. The goal is to bridge the gap between special districts and the essential services that millions of Californians value.

The first step is to visit DistrictsMaketheDifference.org. This new website features a simple-to-use toolkit filled with public awareness videos, web banners, posters, factsheets, and other materials that can be easily downloaded.

Follow, like, subscribe, share!

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MAKE THE

DistrictsMaketheDifference.org DistrictsMaketheDifference.org

California Special Districts • Sept-Oct 2019

SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY

Guiding the way to a more secure future.

SDRMA has been helping California public agencies navigate liability and manage risk for over 30 years. In fact, our experienced risk management staff and technical experts work exclusively with public agencies. All your coverage and risk management needs are met by a single resource that functions as an extension of your team. Public agencies can best proceed with confidence when they have a guiding star.

Learn more about our Workers’ Compensation, Property/Liability and Health Benefits Programs at www.sdrma.org or 800.537.7790.

Volume 14 • Issue 5

Trusted Risk Management

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800.537.7790

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www.sdrma.org

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California Special Districts Association 1112 I Street, Suite 200 Sacramento, CA 95814

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