2021 ceo orientation presentation cdfa

2021 CEO ORIENTATION Agenda ~ Thursday, April 15~

ROLES & RESPONSIBILITIES

10:00 a.m. – 10:15 a.m. Overview of F&E

• Welcome and Staff Introductions • Overview of F&E

10:15 a.m. – 10:30 a.m. Financials

• Funding • Financial Reporting

10:30 a.m. – 10:45 a.m. Additional/Supplemental Fairground Funding

• SB 5 Selection Process and Next Steps • Control Section • OES Public Safety Power Shutoff Grant

10:45 a.m. – 11:00 a.m. Emergency Response

• Prior to an Incident • During an Incident • Post Incident

11:00 a.m. – 12:00 p.m. Roles & Responsibilities

• Clarity of Roles • Fiduciary Responsibility • Administrative Role

12:00 p.m. – 1:00 p.m. Lunch

1:00 p.m. – 1:45 p.m. Human Resources

• HR Overview and Hot Topics 1:45 p.m. – 3:00 p.m. CDFA Legal

• Bagley-Keene Overview • Conducting a meeting via Zoom • Common Questions • Committees • Nonprofits • RFP/Contracts • Subpoenas and Public Record Act

Requests • Use of Personal emails and Phones for

board business • Records Retention

3:00 p.m. Open Forum Q & A

Modified 4.13.2021

2021 CEO ORIENTATION

FAIRS AND EXPOSITIONS BRANCH

T E T C' F

Welcome to F&E Branch

Presenter: Mike Francesconi

CDFA Mission Statement ▪ To serve the citizens of California by promoting, protecting a safe

healthy food supply, and enhancing local and global agriculture trade, through efficient management, innovation, and sound science, with a commitment to environmental stewardship.

CDFA Divisions CDFA Divisions Animal Health & Food Safety Services

Inspection Services

Cal Cannabis Cultivation Licensing

Measurement Standards

Plant Health & Pest Prevention Services

Citrus Pest & Disease Prevention

Marketing Services

Fairs & Expositions Branch

Fairs and Exposit1ions Branch Staff & Other positions

Fairs and Expositions Branch Staff & Other positions

▪ Vacant – Branch Chief ▪ Sue Fick – Legislative Analyst

▪ Mike Francesconi - Supervisor

▪ Joji Kume – Financial Analyst

▪ Greg Ferrero – Deferred Maint

▪ Sofia Goss – Deferred Maint

▪ Ken Anater - Training and Emergency Coordinator

▪ Sarah Pelle - Resource Coordinator

▪ Kalia Mitchell - Resource Coordinator

▪ Vacant – State Rules

▪ Christine Vana – Legal

▪ Various - 1 Compliance Auditor

▪ Various – 2 HR positions

▪ Kathy Diaz - Director,Marketing Services Division (MSD)

F&E Branch ▪ Mission ▪ Provide fiscal and policy oversight to the Network of California

Fairs and ensure compliance with laws and regulation, and the best use of available funding and other services.

▪ Vision ▪ To enrich the lives of California citizens by enriching the Network

of California Fairs to exist as viable recreational and cultural facilities of general public interest.

Network of California Fairgrounds Network of California Fairgrounds The network of California fairs includes 79 fair organizations divided into four categories:

▪ 54 District Agricultural Association's (DAA) ▪ 2 DAA’s were deactivated during fiscal year

1997/98, leaving 52 active DAA’s ▪ 22 county fairgrounds – County government or

not-for-profit organizations ▪ 2 citrus fruit fairgrounds – not-for-profit

organizations ▪ The California Exposition and State Fair (Cal

Expo)

Roles & Responsibilities of CDFA -F&E


▪ Funding ▪ General Allocation (Class I – IV+) ▪ New Fair Funds (All Fairs)

▪ Provides limited fiscal & policy oversight ▪ Statement of Operations Financial Audits/Financial Reviews

▪ Provides Enhanced Assistant ▪ Fairs on the Watch ▪ Provisional Fair Program ▪ Fairground consultation

Roles & Responsibilities of CDFA - F&E Roles & Responsibilities of CDFA - F&E ▪ Assists with Community Relevance Information ▪ Economic Impact Reports ▪ Board Meetings

▪ Oversees the State Rules ▪ Rule interpretation

▪ Provide Training Programs ▪ CEO and Board Training ▪ Bagley Keene Training



▪ CDFA Legal Office ▪ The DAA’s Attorney

▪ CDFA Human Resources Branch ▪ The DAA’s HR

▪ CDFA Equal Employment Opportunity Office (EEO) ▪ DAA’s

Fairground's Roles & Responsibilities

Fairground’sRoles & Responsibilities

Business and Professions Code 19622 Hold an annual Fair that includes agriculture and other

community-relevant exhibits and competitions Complete & Submit an Annual STOP Report

Fairground's Roles & Responsibilities

Fairground’sRoles & Responsibilities

Serve as community gathering place Serve as an Emergency evacuation site Serve as Command Centers for emergency response teams Provide building rental for functions to serve the community Ensure continuity of fair operations & services to the local

community.

California Fair Network Business Partners

▪ California Fair Service Authority (CFSA)

▪ California Construction Authority (CCA)

▪ California Authority of Racing Fairs (CARF)

▪ California Horse Racing Board (CHRB)

▪ Western Fairs Associations (WFA)

▪ California Fairs Alliance (CFA)

QUESTIONS? MIKE FRANCESCONI

916-900-5365 (direct)

916-591-8791 (cell)

FINANCIALS Presenter: JOJI KUME

Topics ▪ Funding ▪ Governor’s Proposed Budget FY2021-2022 ▪ $40.3M General Fund Support ▪ New Fair Funds / AB1499 Allocations ▪ General Fund Fiscal Year Allocations

▪ Financial Reporting ▪ Statement of Operations (STOP) ▪ Financial Audits/Reviews and Compliance Audits ▪ Budget ▪ Miscellaneous Information Request

Funding

Governor’s Proposed BudgetFY2021-2022

▪ $50M General Fund ▪ Support for Operational Costs ▪ Up to $3M to conduct Facility Assessment ▪ Currently Proposed for State-Affiliated Fairs (DAA and Cal Expo)

▪ $10M Deferred Maintenance ▪ Priority with Fairgrounds on Emergency Operations ▪ Network of California Fairs

▪ Can change in May Revision

$40.3M General Fund Support ▪ Phase I – Layoff Support (~$21.0M) ▪ For State-Affiliated Fairs (DAA and Cal Expo)

▪ Phase II – Remaining Funds (~$19.3M) ▪ For DAAs with Fairgrounds ▪ DAA Fairgrounds Allocation (~$9.6M) ▪ Targeted Support (~$9.7M) ▪ Application Due Date: 4/16/2021

New Fair Funds / AB1499 Allocations ▪ For Network of California Fairs ▪ Fiscal Year 2019-2020 ▪ ~$18.6M appropriated in Budget ▪ $13.3M Allocated

▪ Fiscal Year 2020-2021 ▪ ~$8.0M appropriated in Budget ▪ $9.3M Allocated ▪ FY2019-2020 ($3.6M) & FY2020-2021 ($5.7M)

▪ ~$2.3M Pending

New Fair Funds / AB1499 Allocations Fair Class Distributed FY19/20 Distributed FY20/21

I $198,700 $33,210 I-X $194,500 $22,140 II $190,400 $44,280 III $182,100 $55,340

III+ $173,850 $66,410 IV $165,600 $77,480

IV+ $157,350 $88,550 V $149,000 $132,830 VI $140,750 $199,240 VII $132,500 $830,170

New Fair Funds / AB1499 Allocations -How to Qualify?

▪ Be a part of Network of California Fairs ▪ Be a Qualified Fair ▪ Working Condition Policies ▪ Contracting Policies

▪ Requirements may change as Regulation becomes finalized

▪ Dependent on Funding

General Fund Fiscal Year Allocation ▪ For Fair Class Sizes I – IV+

▪ $2.6M Operational Support (FY20/21)

▪ $125K Training Reimbursement

Fair Class Operational Allocation Training Reimbursement I $50,920 $2,440

I-X $42,010 - $50,440 $2,020 - $2,410 II $45,830 $2,200 III $42,010 $2,020

III+ $38,190 $1,830 IV $35,650 $1,710

IV+ $30,560 $1,470

General Fund Fiscal Year Allocation – How to Qualify? ▪ For Fair Class Sizes I – IV+

▪ $2.6M Operational Support (FY20/21) ▪ 2019 Statement of Operations (STOP) ▪ 2021 Budget ▪ Board Minutes Approving 2021 Budget ▪ EITHER Board Minutes approving FY Allocation grant agreement

OR Board Minutes approving a request for FY Allocation ▪ 2019 Financial Audit/Review ▪ Following policies, directives, guidelines, etc.

▪ $125K Training Reimbursement

▪ Due Date: 6/1/2021

Financial Reporting

Statement of Operations (STOP) ▪ Annual Filing Requirement ▪ Generally Accepted Accounting Principles / Accrual Accounting ▪ Overview of Financial Activity ▪ Balance Sheet ▪ Income Statement ▪ Additional Information ▪ Due Date: May 3, 2021

▪ STOP Publication ▪ Comprehensive Annual Financial Report (CAFR)

Audit Requirements ▪ Financial Audit / Financial Review ▪ Fairs with Annual Revenues Exceeding $5,000,000:

▪ Annual Financial Audit ▪ Fairs with Annual Revenues less than $5,000,000:

▪ Financial Review required for First and Second Year ▪ Financial Audit required for Third Year

Audit Requirements ▪ Financial Audit / Financial Review Schedule

2017 2018 2019 2020 2021 Scenario 1 Audit Review Review Audit Review Scenario 2 Review Audit Review Review Audit Scenario 3 Review Review Audit Review Review

▪ Periodic Compliance Audit

Budget ▪ Financial Management ▪ Goals & Objective ▪ Creating New Positions

▪ Measure and Evaluate Financial Performance ▪ Facilitate Communication ▪ Consider Reviewing/Developing with Finance Committee

▪ Requirement for State Resource(s) ▪ FY Allocation (Class Sizes I – IV+)

Miscellaneous Information Request ▪ For DAAs: ▪ Accounts Outside of the State Treasury System ▪ Other Post-Employment Benefits (OPEB) Contribution

Information ▪ Financial Information ▪ Fairs on the Watch Program

QUESTIONS? JOJI KUME

916-900-5367 (direct)

DEFERRED MAINTENANCE Presenters: GREG FERRERO & SOFIA GOSS

DEFERRED MAINTENANCE FUNDING SOURCES ▪ Proposition 68 / Senate Bill 5 (SB 5) ▪ Control Section 6.10 ▪ CalOES Public Safety Power Shutoff (PSPS)

Resiliency Allocation ▪ Future Funding

Proposition 68/SB 5 ▪ California voters passed the California Drought, Water, Parks,

Climate, Coastal Protection, and Outdoor Access for All Act of 2018. The Proposition 68/Senate Bill 5 Bond Measure authorized the California Legislature to appropriate $18 million to the CDFA Fairs and Expositions Branch for facility improvements for the Network of California Fairs.

Proposition 68 / SB 5 Cycle 1 Cycle 2 Cycle 3

Funding Available

$3,209,000 $6,687,000 $5,994,000

# of Projects Awarded

7 7 TBD

Begin Date April 2020 April 2021 TBD End Date March 2022 March 2023 March 2024

SB 5 Project Selection ▪ Facility Condition Assessment ▪ Fairs submitted up to 5 projects

▪ Round 1 Scoring ▪ Emergency Preparedness ▪ Conservation Measure

▪ Deep Dives ▪ More accurate scope of work, timeline, and budget

▪ Awarding

Control Section 6.10 ▪ $3M ▪ Projects selected in 2019 ▪ Delay in transfer of funds from Department of

Finance ▪ Must be awarded by June 2021, completed by

March 2023

CalOES Public Safety Power Shutoff Resiliency Allocation (PSPS) ▪ $5M allotted to CDFA from CalOES in March 2020, F&E is

designated to oversee the rollout of PSPS mitigation efforts

▪ Funds to be used to equip select fairground buildings with PSPS mitigation suitable in the event of community emergencies or disasters

▪ Mitigation projects primarily feature the installation of automatic transfer switches and docking stations for generator hookup

CalOES Public Safety Power Shutoff Resiliency Allocation (PSPS) (contd.) ▪ Pilot Program”

▪ Five fairs were selected to participate ▪ CCA conducted facility assessments and have begun

construction ▪ Funds awarded will be used to equip fairs with necessary

backup power resources or PSPS-related equipment ▪ Up to an additional 45 fairs will receive funding for similar

fairground projects

▪ Must be completed by October 2022

Future Funding

▪ $10M - Governor’s Budget for 2021 ▪ Revised in May 2021 ▪ Same criteria and process used to award SB 5 funds

QUESTIONS? GREG FERRERO

(916) 900-5027 (direct)

SOFIA GOSS (916) 900-5135 (direct)

FAIRGROUND EMERGENCY RESPONSE Presenter: KEN ANATER

Fairground Emergency Response

Fairground Emergency ResponseOverview

Standardized Emergency Management System (SEMS) SEMS is the cornerstone of California’s emergency response

system and unifies all elements of California’s emergency management community into a single integrated system. SEMS incorporates:

Incident Command System (ICS) - A field-level emergency response system based on management by objectives Multi/ Inter-agency coordination - Affected agencies working together to coordinate allocations of resource Mutual Aid - A system for obtaining additional emergency resources from non-affected jurisdictions Operational Area Concept - County and its sub-divisions to coordinate damage information, resource requests and emergency response


Impacts of the COVID – 19 Pandemic on Fairground Sheltering Operation

Temporary Evacuation Points (TEPs) vs Evacuation Centers

Non-congregate vs congregate sheltering Social distancing and mask requirements Evacuation center layout and designs Food preparation and meal services Community donations to animal shelters and

evacuation centers


Be Prepared to Assist Your Community When Activated as a Shelter or Base Camp

Establish a relationship with your local OES Office Have DUNS numbers, MOUs, agreements, and

contracts in place prior to an emergency activation Post evacuation procedures and documents on

fair’s website Establish donation management and media plans Prepare an emergency binder with key contacts

and facility information Create site maps of fairground layout for every

conceivable response situation

OfFICEONLY

ANIMAL INTAKE INFORMATION SHEET LAST ___ FIRST ___ _ DATE CHECKED IN __ BamlSlal __ _

Owner Information VET INTAKE INSPECTION __ _

Last Name ____________ First Name _________ _

Street Address ______________________ _

City _______ ___ _______ _ Zip ______ _

Home Phone __________ Cell ___________ _

Emall Address ______________________ _

lf animal found , location? _ ___________________ _

Finders Name ____________ Finders Phone# ______ _

Hauler lnfonnation (if other than owner) Name. _____________ Phone # _____ _

In Case of Emergency

Name _____________ Phone# __________ _

Veterinarian Information VetName ______________ Phone# ________ _

Note: Please complete noxt page for individual animal information

Animal Care Responsibility

Will you be staying on side 10 care for your animal? Yes/No

\!\'ill you be staying off-site but coming morning and evening lo feed and care for yoLir animal? Yes/ No

Are you unable to ~re for your animal and need the assistance of volunteers? Yes / No

Once the disaster is over wi I you need foster care? Yes/No

PLEASE FILL OUT THIS INFORMATION AND TURN IT INTO FAIRGROUNDS PERSONNEL ONCE YOUR AN IMAL(S) HAVE BEEN UNLOADED INTO THEIR ASSIGNED STALLS. BEFORE YOUR ANIMALS LEAVE THE GROUNDS, PLEASE SEE FAIRGROUNDS PERSONNEL WHERE YOU WILL RECEIVE THE REQUIRED PAPERWORK TO SHOW TO THE PERSONNEL FOR CHECKOUT. THEY REQUIRE THIS INFORMATION TO ENSURE THAT ALL ANIMALS STABLED HERE LEAVE WITH THEIR RIGHTFUL OWNER.

IT IS THE OWNER'S RESPO SIBILITY TO CARE FOR OR MAKE ARRANGEMENTS FOR THE CARE OF THEIR ANIMALS.

PLEASE DO NOT MOVE YOUR ANIMAL FROM YOUR ASSIGNED STALL UNLESS AUTHORIZED BY FAIRGROUNDS PERSONNEL.

OFFICE ONL. Y: ANIMAL RELEASE INFORMATION DATE ____ _ TIME ____ _ 'Nho is removing owner/hauler ______ _

lf h8uler name& phone ________ _

Vet sign.off

1350 Bennett Valley Road, Santa Rosa , CA I (707) 545-4200

Shelter Dormitory Registration Incident/ORI Shelter Name/1..ooatlou~

Observ&tlonii:

,_ =!~m=~~::1o!.t~z:n,appeartoo 2. = =::t:'J;ein ~:~•a11:: wheelchair/walker, or dMnonmate any otw circuwu.nce where it

Quttrtioue:

l . ~e:~b}:,a;~th~~t:ti:~ oowtnm;rb.fl&lthywhfle lntherihelta7 Hnot, ill

2 . ~~y DWDber have, health, mental hadth, disability, or otbttcondition ahoutwbic:b. )'Ou are

Flinrily Name (last Name): IF'unilymanben,"5"'...,.,.,..:

~~: G-3)'1'11: 3..,-yrt: 8-uym: 19-18yn: J9-6,Syrl: 65+yre;

- . (lfdlln,mi~,

Prima,y ,.,,_

Prima,yl.qw\goc IfNot~ Pmnily Member Present Who 8peab English:

Method of Trarupmtatlon: !fPenonalVeli.icJe.lic.PJm•/Smu(forsecmityPIJ1PO$eaonly):

Gender Antm Rm:./ Volunteer? Departure Na.me(Lut.Pim) Age (M/F) Date Cot (.y/o) Dl.te Depart:urfJNotN:

_Yfll ~o Sorru!oM io tbehouaeb.old ii required bylaw to register with a nateorlocal gc,Yl!.l'UIDeuta.gimcy. _Yes__No Someone in tbehoueboldis a Vffl!n.Jl or active.military.

_Yes ~o I ar;ree to have n:y information ■bared with other agencies providing dalte:rniid &ervices.

Signature.-_____________ Date: ________ _

ShelterWotkerName/Signatun:: ________________ _

l>a iT Ii.ES Shttt.r Donntlory Reabnllon Form V-1.02016.07.lJI

ANIMAL CARE CH ECK LIST Owner Name ______ _ Barn Stall __

Phone#'s ________ _ Va _______ _

PLEASE SELECT: □ OK to feed and handle my animal

□ Feed my animal but DO NOT handle

□ I will feed and handle my animal

DATE CARE AM NOON PM Feed

V\later

Exercise

Feed

\Nater

Exercise

Feed

\Nater

Exercise

Feed

\Nater

Exercise

Feed

I \Nater

Exercise

Warnings: ____________________ _

COMPLETE THIS FORM DAILY It is important that you complete this form daily as it is the onlyw,J,.J we know that animal is being cared for

TAPE lHIS FORM TO STALL DOOR. EXTRA FORMS AT FEED STORE

~ Del Mar Fairgrounds 2260 Jimmy Durante Blvd. Del Mar, Cali fornia 92014

Fairground Emergency ResponsePrior to an Incident


Maintain Organizational and Operational Control of Your Fairgrounds When Activated

Work with your OES contact to define your role in the event and obtain contact info for the lead staff deployed to your fairgrounds

Get agreements and contracts executed as soon as possible after an emergency activation

Execute donation management and media plans Assign staff to track expenses, register evacuees and

animals, serve as spokesperson and secure points of entry Attend daily coordination meeting with the response

organizations utilizing your fairgrounds, especially during organizational transitions for feeding responsibilities and shelter management


Post-Event Actions to Expedite the Return Your Fair Back to Normal Operations

Provide clear and unified messaging of fairground shelter status and alternative shelter locations (if applicable)

Ensure that lead sheltering organization(s) communicates to and relocates all remaining evacuees

Work with local property owners and stable operators to relocate any remaining sheltered animals

Complete documentation of expenses and submit reimbursement requests within required deadlines

Attend any after-action reporting/coordination meetings with those response organizations that utilized your fairgrounds to voice any concerns or to offer best practices for future activations

Fairground Emergency ResponseResources

1. Local County OES / Other County Resources - Staffing, equipment, reimbursements, CARES access

2. Network of California Fairgrounds - Experienced CEOs, websites, forms, staff

3. Bay Area Urban Areas Security Initiative Care & Shelter Planning Toolkit http://www.bayareauasi.org/careshelter – Plans, agreement samples, shelter kits

4. Information Technology Disaster Resource Center (ITDRC) www.itdrc.org - Wireless Connectivity, Voice/Data Infrastructure, CCTV / AV

5. CDFA Fairs & Expositions - Temporary animal pens; Inter-agency, CDFA, NGO, and

SOC communications

http://www.bayareauasi.org/careshelter

http://www.itdrc.org/

QUESTIONS? KEN ANATER 916-900-5073 (Office)

[email protected]

mailto:[email protected]

CLARITY OF ROLES & RESPONSIBILITIES Presenter: SARAH PELLE

Board of Directors Board of Directors

Em1ployees

Who is Responsible: CEO vs Board CECEO O

Establish Provide

Recommend Administer

Implement Manage

Develop Negotiate

Carry Out

Propose

Employees

Approve

Authorize

Monitor

Establish

Oversight

CEO / Board Roles and Responsibilities AREA OF CEO BOARD OF DIRECTORS

RESPONSIBILITY

Day to Day Operations Makes all deci sions regarding daily No Role operations

Board Meeting Information Create and Post Board Meeting Provides input & direction to the Agenda Notices, Meeting Agendas CEO for items to be listed on the and Meeting Minutes Meeting Agenda.

Short-term vrs. Long-term Establishes and carries out short term Monitors performance of CEO in goal goals. Recommends long-term goals accomplishing short-term goals,

Approves long-term goals Budget Develops and recommends annual Approves Annual Budget

budget Fees and charges Develops and recommends fee Approves fee schedule

schedule Policies Recommends and administers Approves recommended policies

Staffing Makes ALL hiring decisions, Authorized to hire and evaluate only assignments, grievances, evaluations the CEO, Approves line item for salary levels, time base, etc. salaries in annual budget

CEO / Board Roles and Responsibilities AREA OF

RESPONSIBILITY CEO BOARD OF DIRECTORS

Capital Purchases Prepares Requests Approves requests as line item in annual budget

Decisions on building,renovation, leasing,expansion

Recommends, signs contracts with board approval

Makes decisions, assumes financial responsibility

Emergency Repairs Notifies board chairperson and act’s with chair’s concurrence

Works with CEO to respond to emergencies

Major Repairs Obtains estimates and prepares recommendation for board

Approves Recommendation

Minor Repairs Authorizes repairs up to amounts pre-approved by the board

Establishes policy which specifies amounts the CEO may spendwithout prior board approval

Voice of Organization Recommends and implementspolicy

Approves policy

CEO / Board Roles and Responsibilities AREA OF

RESPONSIBILITY CEO BOARD OF DIRECTORS

Cleaning and Maintenance Establishes and monitors schedule No Role

Contracts Negotiates and signs contracts within parameters set by board andstate/county to secure services for purposes in keeping with the fair’splan and budget

Establishes policy which specifies amounts CEO may spend without prior board approval

Supply Purchases Purchases supplies according toboard and state/county policy and maintains audit trail

Establishes purchasing policies and annual budget for supplies

Writing off Bad Debt Up to $500 Anything about $500 Board Must approve

Billing, Credit, and Collections

Recommends and implements policy Approves policy

Appeals of CEO Decisionsfrom community participants, etc.

Places issue(s) on Board Agenda and briefs the board

Listens to appeal and makesdecisions that are within the board’s authority

The Fair Board and the CEO Governance is NOT Management

Effectively advises the CEO

Asks tough questions

Act when necessary

Demonstrates full commitment and engagement

Promote an Inspiring & Positive Culture

Fiduciary Responsibility Presenter: SARAH PELLE

CEO’S FISCAL RESPONSIBILITIES

▪ Comprehend Fiscal Condition

▪ Follow GAAP Accounting Principles/Accrual Accounting

▪ Fiscal Controls

▪ Monthly Board Packet Preparation

▪ Comply with DAA Policies, State Policies, and Regulations

CEO’S FISCAL RESPONSIBILITIES Monthly Financial Reports

▪ Monthly Bank Statements

▪ Balance Sheet

▪ Income Statement

▪ Profit & Loss Statement

▪ Accounts Payable & Accounts Receivable

▪ Trial Balance

QUESTIONS? SARAH PELLE

916-900-5368 (direct)

916-201-3788 (cell)

Nuts and Bolts of Your Administrative Role Presenter: KALIA MITCHELL

Nuts & Bolts 1. Records Management 2. Personnel File 3. Leave Accrual * 4. Hiring 5. Exams* 6. Interviews 7. Job Offer 8. Progressive Discipline * 9. Tools & Resources*

Aspects to Consider

▪ Timesheets

▪ Vacation and Time Off Requests

▪ Overtime

▪ Duty Statements

▪ Employee Policies & Handbook

▪ Organizational Charts

▪ Employee Personnel Files

Personnel File

Personnel Files – What to Include ITEM

▪ Timecards

▪ Time off Requests

▪ Signed policies

▪ Annual Job Performance Evaluations

▪ Current Duty Statement

▪ Copy of Training Certificates

RETENTION PERIOD

▪ Current Year plus Five (5) Years

▪ No Retention Period

▪ Retain Current Year

▪ Current Year plus Five (5) Years

▪ Most Current Only

▪ Indefinitely

Personnel Files – What to Include

ITEM RETENTION PERIOD

▪ Organizational Chart ▪ Current Year

▪ Approved Overtime Requests ▪ No Retention once Timesheet is approved

▪ Leave Balance Tracking Sheet ▪ Indefinitely

Human Resources Timesheets

▪ Who fills out the Timesheet? ▪ CEO & Employee

▪ Frequency? ▪ Per Pay Period

▪ Records Retention? ▪ CEO retains Original,

Employee retains copy ▪ Minimum of Four (4) Years

Leave Balance Tracking

▪ Tracking Time ▪ Accrued and Used

▪ Frequency? ▪ Per Pay Period

▪ Type of Leave? * ▪ Vacation & Sick

or ▪ Annual Leave

Leave Balances

Length of Service Vacatio,n Annu,al Leave

l month to 3 years 7 hours / month 11 hours / month

37 months to 10 years 10 hours / month 14 hours / month



241 months and over 14 hours / month lB hours / month

Accrual Rates for Rank and File

▪ Employees enrolled in vacation/sick leave accrue 8 hours of sick leave per month.

Human Resources Overtime ▪ Rank & File Employees

▪ Based on Bargaining Contract

▪ Must be pre-approved

▪ 125-day employees ▪ Must be pre-approved

Hiring an Employee

Hiring an Employee

1. Job Posting

2. Job Application

3. Duty Statement

4. Organizational Chart

5. Interview Process

6. Application Screening Criteria

7. Interview Questions

8. Conduct Interviews

9. Background Check & References

10.Job Offer Letter

11.Credit Check (if dealing with finance)

12.Start Date

Hiring a State Employee Process

7. Conducting Interviews 1. Email F&E about position

8. SO-12 Process * 2. Budget Projection

9. Review Personnel File & 3. Job Posting through ECOS References

4. Exam through Jobs.CA.GOV 10.Job Offer

5. Application Screening 11.Background Check

6. Interview Questions 12.Establish Start Date

https://Jobs.CA.GOV

Hiring a State Employee SO-12 Process

• SO-12 – Request for Personnel • SO-194 – Report of Hiring Action Interview

• Justification Letter • SO-207 – Eligibility Verification

• Current Duty Statement • SO-208 – Alternate Range and Salary Determination • Proposed Duty Statement

• Budget Exemption – SO-280 • Current Organizational Chart • SO-47 – New Hire Checklist • Proposed Organizational Chart

SO-12 Common Errors

• Must be fillable PDF

• F&E will review packet

• F&E will submit to HR

Justification Letter – Key Elements

Brief and to the point with specifics only, i.e.

▪ Action Taken

▪ Reasons

▪ Effective Date

▪ Funding Source

▪ Attachments

Duty Statements – Key Elements

▪ Show percentages of time spent on each task

▪ Essential Functions

▪ Objectives

▪ Conditions

Classification Specification What Classification best meets our DAAs needs?

▪ Describes Scope & Defines Duties

▪ Defines Levels

▪ Knowledge & Abilities

▪ Minimum Qualifications

Hiring Options Types of Hiring Options

▪ Training & Development (T&D)

▪ Hire Above Minimum (HAM)

▪ Temporary Authorization Appointment (TAU)

▪ Out of Class Assignment (OOC)

Examinations

Overview of the Process

ITEM Request/Process Timeframe

▪ Exam Request ▪ Annually by October

▪ 511B – Specifications, Bulletin

▪ File in Person (FIP)

▪ Applications received & reviewed

▪ Interview Question Development

Exam Types

▪ Open / Statewide ▪ Anyone who takes the exam

▪ Open / City ▪ Job only for that city

▪ Promo / City ▪ Only current state employee in

city

▪ Open / Spot / City ▪ Anyone who takes the exam

▪ Promo / Spot / City ▪ Anyone who takes the exam

ConductingInterviews

Interviewing Candidates

▪ Patterned/Structured Interview

▪ Written Exercise ▪ In-Box Exercise

▪ Behavioral Based Interview

Interview Questions Samples

▪ Describe a time…. ▪ Tell us more about…. ▪ What is an example of

when… ▪ When have you… ▪ What were… ▪ What (how, where, why,

when) did you…

▪ “Describe a time when a project you worked on received organizational recognition.”

▪ “Tell us about a time when you made a mistake, what were the consequence, and what you learned fromthe incident.”

Job Offer Process

Conducting Background Checks

▪ Performed after employeeoffered the job

▪ Paid by Fair

Onboarding

• Announcement to Staff • Training

• Tour • Work Expectations

• Organizational Chart

• Duty Statement

• Fairs Policy Manual

• Policies

Include Relevant Resources

I D Welcome Letter

D Copy of Duty Statement

I D Mission, Vi1sion, & Core Values

□ Program Orgianizational Charts

I D Program Descripton

D Program Strategic Plan

I D List of Program Acronyms

D Emergency Procedures (including evacuation and business continuity plan)

I D Disaster Service Worker Expectations (Government Code§ 3100-3109)

□ Standard Operating Procedures and Pol icies (Attendance, Reporting, Office Etiquette, Professional Standards etc.)

I D Instructions for Relevant Systems/Databases

□ List of Mandated Training , Training Policy & Any Other Relevant Training

I D Key Contacts List

D Re evant Programmatic Plans

I D Department & Building Map

D Local Area & Establishments Map

I D Parking/Transportation II nforrnation

D Telephone Procedures/Messaging

I D E-Mail Signature(s) Examples

□ How to Request IT Assistance

I D Hiring Paperwork

D Benefits II nformation

I D Relevant Intranet, Internet, & Team Colllaboration Sites

D Department Style Guide

OnboardingResources

Welcome Package ChecklistCALHR

ProgressiveDiscipline

Process

Preventative

Corrective Action

Adverse Action

SEEKERS STATE HR PROFESSIONALS STATE RETIREES

CalHR's Supervisors Guide to Addressing Poor Performance

Introduction: The purpose of this Guide is t o provide supervisors with the basic tools to address poor performance by employees.

How Should I Use This Guide? Most state employees work hard and do a good job. Occasionally a supervisor is faced with an employee whose

performance is unacceptable. This Guide provides supervisors with a general outline for managing employee

performance from conveying performance expectat ions when an employee is first hired t hrough corrective feedback

and adverse action if an employee's performance does not improve.

State Supervisors / Managers

Performance Management

Merit system principles - an

overview

Behavioral interviewing

Sample job descript ion

Sample job announcement

CalHR's Supervisors Guide to

Addressing Poor Performance

Progressive Discipline Process Supervisors Guidebook

Preventative Phase During Probationary Period

1. Probation Reports ▪ Provide Feedback ▪ Training Opportunities ▪ Document the Feedback

2. Probation Period ▪ Permanent 6-month, 9-month, 12 month ▪ Part-Time 6-month, 9-month, 12 month ▪ Limited Time Serve no probationary period

Corrective Phase After Probationary Period

1. Correcting Performance Problems

▪ Provide Feedback ▪ Work Improvement Plan ▪ Document and identify precise actions

*Contact CDFA HR at this point

Formal Adverse Action Notice of Adverse Action

1. Work with CDFA HR

▪ 24 separate and distinct grounds for taking adverse action ▪ Statute of Limitations is Three (3) Years ▪ Employee is entitled to hearing ▪ Bargaining Units may become involved ▪ Administrative Time Off (ATO) may apply for up to 30-days

Progressive Discipline10 most common mistake

1. Failure to take progressive discipline

2. Failure to provide accurate performance evaluations

3. Grant merit salary adjustments to employee with performance problems

4. Failure to set expectations

5. Failure to provide positive and negative feedback

Progressive Discipline10 most common mistake

6. Failure to keep documentation factual

7. Failure to document timesheet

8. Failure to use Bazemore Language

9. Forcing employees to sign corrective memos

10. Failure to use existing resources

Resources and Tools

Tools & Resources Cal Careers

Jobs

CalHR State Employee Resources

State Supervisor/ Manager Resources

CalPERS Retirement

Tools & Resources

Examinations and Certification Online System

(ECOS) Candidate Applications

Boomerang Hiring Retired Annuitants

CDFA Resources ▪ Equal Employment Opportunity Office (EEO)

▪ Employee Assistance Program (EAP)

▪ CDFA Legal Office ▪ CDFA Human Resources ▪ CDFA Fairs and Expositions Branch (F&E)

Training CDFA Training Videos

HR Legal

CDFA Online University Annual Training Requirements Other Training Classes

Policies CDFA SharePoint Portal (Portal)

CalHR

CDFA Online University (OU)

Transactions

Labor Relations

Human Resources Branch – Units

Plan, Develop, Administer Exams

EExaminations xaminations Appointment

Separation

Retirement

Salary Determination

Benefit Processing

Transactions

CClassification lassification AAnalysis nalysis

Official Personnel Files Hiring

Allocating Positions

Performance Management

Progressive Discipline

Labor Relations Labor Unions

QUESTIONS? KALIA MITCHELL

916-900-5274 (direct)

916-701-3367 (cell)

CDFA Legal Office Legal Counsel for District Agricultural Associations

CDFA Legal Services Public Records Act Requests Processing

Contract Review and Drafting Assistance

Conflict of Interest Analysis for Board members and CEO

Litigation Liaison with the Attorney General’s Office and Insurance Counsel

Liaison with Department of General Services for Lease Approvals

Presentations to Local Government and Boards

EEO Investigations

Eviction Notices and Debt Collection

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CDFA LegalThe DAA Board’s Legal Counsel

Requesting Legal Services

Submit all requests for legal services to F&E

F&E reviews and, if appropriate, forwards to Legal Office for assignment

Staff Counsel contacts CEO for details/information

CDFA Legal Important Processes

Receipt of Service – Litigation Complaints and Subpoenas Staff served to date/time stamp when received Forward to CDFA Legal immediately: [email protected] Inform your Board President

Receipt of Public Records Act Request Forward to CDFA Legal immediately: [email protected] Notify Legal of any issues related to the request Begin collecting records Records Retention and Email Policies



Questions?

Public Records Act & Subpoenas

Public Records Act (PRA) The public has a right to request copies of or inspect records pertaining to DAA business.

The CDFA Legal Office processes all requests for records received by the DAA. Request does not need to identify the “Public Records Act” Applies to any request for a records and may apply to a request for

information

The Legal Office reviews the records for any confidential information that may be redacted or withheld from release.

Public Records Act & Subpoenas Any DAA business that is conducted on a personal computer, cell

phone or other device is subject to the PRA or subpoena.

If litigation commences based on the PRA or the subpoena, a court order for the records extends to all personal devices.

All Board directors should have a separate email account for DAA business.

CEOs should perform all work on DAA equipment, cell phones and email/cloud services.

The Board should adopt a Records Management and Email Retention Policy (CDFA policies provided)

Contracts and Requests for Proposals Legal Counsel for District Agricultural Associations

DAA Contracting Policies & Procedures Each DAA Board shall develop and adopt written policies and procedures for contracting. (Food & Ag Code 4051)

Any Board delegation to the CEO for contracting must be specific Type of contract, dollar amount, and duration

Types of Contracts: Rental Agreements & Leases Service Contracts (Non-IT) Contracts for Purchasing Goods Contracts for IT-Services Emergency Contracts Contracts with Nonprofits

Rental Agreements and Leases Rental Agreement (F&E Template) Short-term use Fairtime Booth Rentals Interim Events

RV Park Occupancy Agreement (F&E Template) Less than 30 days (otherwise litigation required for eviction)

Leases For long-term exclusive use, normally one-year or longer Commercial v. Residential Must be at fair market value

Rental Agreements and Leases Operations Agreement Within the DAA’s purpose of operating recreational and

cultural facilities of general public interest Example: Racetrack promoter and operator Tenant Improvements Example: Stadium lighting, maintaining the pit and track Contract awarded through competitive bidding Best revenue for the DAA All terms must be in the Request for Proposal (RFP) Legal Review Recommended

Rental Agreements and Leases Ground Leases Cell Towers Parking Lots (Ex. Amazon, UPS, Tesla) Development (Ex. Strip mall, multi-use event center, stadium) Contract awarded through competitive bidding Best revenue for the DAA Request for Proposal includes all Contract Terms Department of General Services (DGS) Approval Required Legal Office assists from RFP to contract award

Contracts for Services & Goods

Service Contracts (Non-IT) – Must go out to bid Exempt: Contracts under $10,000 Public entertainment for fair

Contracts for Purchase of Goods and IT Services Exempt from the Public Contracting Code bidding requirements Subject to Board Contracting Policies and Procedures

State Contracting Manual

Bidding Non-IT contracts – Chapter 5 https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/State-Contracting

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/State-Contracting

Emergency Contracts

Emergency Contracts

Requires DGS review and approval

F&E Template for Emergency License Agreement

Contracts with Nonprofits

DAA Nonprofit/Foundation is a separate and distinct legal entity No commingling of assets/funds, records, contracts or employees Memorandum of Understanding that explains roles of each entity No overlapping members on the DAA and nonprofit boards No gifts of public funds (Example: Free rent for office space) A contract for each fundraising campaign

It is strongly recommended that the DAA have a written contract(s) with the nonprofit that covers all fundraising campaigns, activities and/or events.

Bagley-Keene Open Meeting Act CDFA Legal Office

Duties under the Bagley-Keene Act

Covers all state boards and commissions

Includes District Agricultural Associations (DAAs)

Duties under the Bagley-Keene Act

Each board has essentially Three (3) duties under the Act

To give public notice of meetings to be held

To conduct any business of the DAA in an open session meeting

Except where a closed session is specifically authorized

To provide an opportunity for public comment before taking any action

What is a Meeting? Types of DAA Meetings

Regular Monthly Meetings (10-day notice) • When a quorum meets under normal circumstances

Committee Meetings • Formed by the board for a specific purpose

Special Meeting (48-hour notice) • Only for specific purposes with a finding of substantial hardship by 2/3

vote of the board Emergency Meeting (1-hour notice)

• Crippling disaster or work stoppage that severely impacts public health or safety

Committee Requirements Standing Committee

Consists only of board members • Three (3) or more board members

Full compliance with the Act

Two (2) board members acting with the authority delegated by the Board

Full compliance with the Act

Committee Requirements Other non-committee board members may attend

• Attend as observers only

Strongly recommended that an announcement be made at the beginning of the meeting that the non-committee board members are in attendance only as observers and not participants

Committees report activity or recommendations to the board each month.

Committee Requirements

Ad-Hoc Committee

Two (2) board members and staff • The Act does not apply

For the purpose of information gathering only

Report activity or recommendations to the board each month

Committee Requirements Advisory Committee

Special Exemption for DAAs • Food and Ag. Code § 3964.5 (FAC 3964.5)

Committees consist only of board members

Formed by formal resolution or action of the board

Consists of less than a quorum • Maximum of four (4) board members

Committee Requirements Advisory Committee

Meetings must be open to the public If there are regular meetings held – Bylaws or Board Policy

Manual shall state, the regular schedule No other notice of regular meetings is required Must post schedule online Any other meetings outside of regular schedule shall be noticed

at least 24-hours in advance • Posted online • Emailed or mailed to the public requesting notice

Serial Meetings Serial Meetings are Prohibited

Board members may not use a series of communications directly or through personal intermediaries to deliberate or act on any item of business

Intermediaries include: • CEO • Technological Devices (Texts and E-Mails)

Serial Meetings Definition

A series of communications between board members on board business outside a board or committee meeting

Contact may involve less than a majority • But when all contacts are added up • Involves a majority of the Board

Serial Meetings Serial Linear Serial Hub Communication Communication

Serial Meetings Examples

Includes all forms of communications • Communications intended to clarify issues

Communications to facilitate / advocate the resolution of an issue • Study Sessions • Pre-Meeting Briefings

Does not include one-way communications from staff

F&E or Legal for administrative purposes only

What is Not a Meeting

Not a Meeting

Individual contact between a board member and the public

Attendance at a social event

Attendance at an event of another government body

Provided that the board members do not discuss board

business

Not A Meeting Examples

Conferences, Conventions, Fair Fundraiser Events Local public meetings Open & noticed meeting of another state body or local legislative

body Purely social or ceremonial occasion Fair Fundraiser Event, Farm Show Event, etc.

When a Non-Meeting Turns Into a Meeting

Purely social or ceremonial occasion is not a meeting

However, it would violate the Act for most board members to meet privately over lunch and discuss how the Act applies to the board Cal. Atty. Gen. Opinion No. 18-901, September 22, 2020

What Constitutes a Quorum Five (5)

Quorum Defined

The minimum number of members who must be present for a board to legally transact business Because DAA Boards have nine (9) seats available, there must

be at least five (5) board members present to satisfy the quorum requirement to conduct business Applies even if a board has less than nine (9) appointed

members

Quorum Lack of a Quorum

A board cannot transact business (deliberate and vote) without a quorum A properly noticed meeting may proceed for the purpose of

hearing information items • Committee Reports • Staff Reports • Public Comment • Closed session for legal updates only

Meeting Notice Requirements

Legal Office Template Provided

The meeting notice and agenda are two documents • Posted together

Front style and size must meet ADA requirements • Arial • 11 point

The agenda must identify all items of business to be discussed or transacted with enough specificity to inform the public

Meeting Notice Requirements

Legal Office Template Provided

The CEO prepares and notices the agenda with the board president’s approval

Americans with Disabilities Act information for accommodation

Public Comment item for matters not on the agenda

10-day posting requirement • On-Line • At the Office

Teleconference Meetings Allows meetings to meet the quorum requirement if the location

is noticed AND allows public access AND ADA Compliant COVID -19 Executive Orders have relaxed the Act’s

teleconference requirements • Locations do not need to be noticed or open to the public • Teleconference information must be posted on the notice

and agenda • Include website URL where meeting documents may be

downloaded In the case of Zoom, include both the toll-free phone number

and internet link All other Act requirements still apply

Public Comment on Agenda Items The DAA must provide the public an opportunity to directly

address the Board on each open session agenda item

Board President must call for public comment

May take place before or during board discussion • Always before the Board acts

The Board must allow for critical and negative comments to be expressed

Opportunity for Public Participation General Information

A board may adopt a public comment policy that allows the board president to limit the time each public member may speak on an item

The policy should be included on all meeting agendas • Reasonable amount of time is 3 – 5 minutes per person

A board may develop a policy identifying the location of all media using recording devices during meetings

Opportunity for Public Participation

Disruptive members of the public may be removed from the meeting after receiving a warning

A public participant is not required to state his/her name in order to provide public comment

Cannot require public to enter name before speaking or joining a Zoom or other teleconference meeting

Opportunity for Public Participation For Items Not Listed on the Agenda

Agenda Item must be included on all noticed agendas

“Public Comment on items not on the agenda”

The board may not engage with the speaker or respond to questions and accusations

• Because the issue is not on the agenda

Items of Business NOT on the Agenda The board may not deliberate or vote on matters that are not on the agenda

Any board member may ask that an item raised during publiccomment be added to a future agenda Board members may ask questions of the public for clarification The board president may refer a matter raised by a public

speaker to the following: • the CEO • a committee chair • create an Ad-Hoc committee

Board Deliberation & Action

Each board member should be called upon by the president to provide an opportunity for the member’s comment

No “secret” deliberation • Texting • Emailing other members during the meeting

Voting by roll call is required • CEO or staff calls out each board member by name • Board member responds with yes/no vote

Abstentions & Conflict of Interest

Abstention is frowned upon unless the board member has a conflict of interest

• Conflict should be confirmed by Legal

Board members have a duty to participate and vote on the issues before them in order to carry out DAA business

Abstentions & Conflict of Interest Conflict of Interest Board members must deliberate and act in the best interest of the DAA

A board member’s financial or personal interest may conflict with the DAAs best interest • Confirm with Legal whether a conflict exists – prior to the meeting

If there is a conflict of interest, the board member must abstain from participating in board deliberation and action on the matter

Abstention includes leaving the board room for that agenda item to prevent any undue influence

May affect the board’s quorum

Abstentions & Conflict of Interest Ethics Training and Form 700

Board members and CEOs are required to take Ethics Orientation training every two (2) years

• Provided on CDFA Online University

Form 700 must be filed with the Fair Political Practices Commission by CEO and a copy sent to F&E

• Must submit annually by April 1st • Must submit within 30 days of leaving office • Must submit within 30 days of assuming office

Meeting Minutes

Must be made available to the public during the meeting at which they are approved

Meeting minutes should include: • Attendance/Absence of Directors • All motions, resolutions, and action taken by the Board • Reports or recommendations brought forth by DAA

committees and non-profit foundations • Documents considered by the Board • Recap of public speakers and their comments

Meeting Minutes

A detailed transcript of board deliberations and public comment is not needed

Must reflect a true representation of all matters discussed and the views of the participants

Include a copy of all documents considered by the board regardless of the source of the document, e.g. the CEO, Committees, and/or public

Recording Votes The minutes for all agenda items for which the Board took

action must reflect the vote or abstention of each board member Abstention should be for conflict of interest only, must be

noted

No secret ballots

No proxy voting

Roll call vote

A tied vote constitutes no action taken and the motion fails

Approved Not Board Member Approved Abstained

(Aye) (No)

Name (Made Motion) x

Name x

Name x

Name x

Name x

Name x

Name x

Name x

Name x

Recording Votes

Minutes must include: • Board members name

• How they voted

• Abstention based on conflict of interest

Sign – In Sheets Sign-in sheets cannot be required as a condition of attending a

board meeting • Cannot require the public to enter their name when joining a

“Zoom” or teleconference meeting

If circulated, the sign-in sheet must clearly state that it is optional

Persons may attend and participate regardless of whether they sign in

Rights of Attendees and Media

Right to record audio, video, take photos, and broadcast the meeting

Board has right to remove a disruptive individual • Will require a meeting recess • Zoom meeting administrator may remove

Zoom recording or tape recording must be granted by the CEO or meeting administrator

Public Access to Meeting Records

All documents considered by the board or committee duringa meeting must be available to the public at that meeting

• If a Zoom meeting, post on the board website • If in-person meeting, hard copies

Any person is entitled to those records pursuant to the Public Records Act

• Requests for records must be forwarded to CDFA Legal for processing

• [email protected]


Closed Session Authorized Topics

Personnel Matters (CEO) • Does not include routine staff issues • Does not include issues between board members

Pending Litigation • Attorney must be present

Real Estate • To negotiate price and terms of payment only

Threat of Criminal or Terrorist Activity

Closed Session Notice, agenda, and reporting

May only be held for a specific purposes identified in Bagley Keene

Held only during a regular or special meeting

Must reference the specific Government Code section on the agenda

All closed session agenda topics must be submitted to Legal for review prior to the agenda being posted

Closed Session Notice, agenda, and reporting

May not be included or added to the agenda as a place holder unless instructed by Legal

Only the agendized topic may be discussed

Minutes must be kept

Minutes and discussion are considered confidential

Closed Session Ensuring Confidentiality via Zoom

Set up a separate, confidential teleconference line or zoom call for closed session

Do not notice the teleconference line or Zoom line on the agenda

Email the separate information to all the directors in advance of the meeting

Conduct a roll call vote to ensure all directors are on the line

Closed Session Conducting

While in closed session, the public teleconference line must be kept open for purposes of reconvening

Disconnect the board members and the CEO from the public line to maintain confidentiality

Zoom tip: Move the public to the “waiting room” during closed session

• Do not record the closed session

Closed Session Minutes

Minutes are to be taken Kept confidential in a separate area from open session minutes Disclosable only upon direction of your attorney President shall designate the CEO or another board member to take minutes President and Vice-President approve and sign minutes Include any legal memo authorizing closed session

Closed Session Minutes

Record any action taken

Record brief summary of deliberations

Do not audio record

Closed Session Adjourning into closed session

Board Chair/President must announce the purpose of the closed session and who is attending

Closed Session Reconvening into open session

Call or Permit attendees into the room, call, or Zoom meeting

Announce any action taken

Announce roll call vote of any action taken

Do Not announce action taken for: • Litigation • Direction given to attorney • Direction given to negotiator

Closed Session

Personnel Matters

Consider the appointment, employment, performance evaluation, disciplinary action/dismissal, or hear charges/complaints against the CEO

Compensation of the CEO and/or staff as a fiscal or budget matter, must be in open session

Closed Session Personnel Matters – Disciplinary Action/Complaint

CEO must be served with a notice of their right to a public hearing

If the CEO chooses to hold a public hearing, it must be properly noticed on the meeting agenda

Board President/Chair should contact F&E for CDFA Legal and HR assistance before agenda is noticed

Closed Session Real Estate

To provide instructions to the negotiator on price and terms of payment

Agenda must identify the specific parcel, Board’s negotiator, and the party with whom the Board is negotiating

Closed Session Pending Litigation

To receive legal advice from CDFA attorney or AGO

Protect the attorney-client privilege

For the matters of: • Significant risk of litigation to the Board • Deciding whether to file formal litigation • Formal litigation has been filed against the board

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Closed Session Pending Litigation

CDFA Legal must prepare a confidential memo authorizing the closed session

• Memo must be filed with the minutes

CDFA Legal must be in attendance

If CDFA Legal is not in attendance: • Session is not privileged • Board members may be deposed • Notes may be subpoenaed

QUESTIONS? Legal Counsel

Michele Dias

Christine Vana