California Special District by California Special Districts Association

CA SPECIAL

DISTRICT Publication of the California Special Districts Association

Community Connections: Regulations, a river, and ratepayers

Volume 10, Issue 6, Nov - Dec 2015

FEATURE Public employee speech: When does it cross the line?

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Volume 10, Issue 6 • November - December 2015

Contents

Grassroots Action Update

2015 Legislative Tour

Property taxes in California Interview with Nichole Cone and Dave Schey

4 President’s Message Announcing the Districts Make the Difference campaign 5 Professional Development Two opportunities for the Special District Leadership Academy Conference in 2016; Professional Development calendar 6 CSDA News Renew membership with online payment option; Handbook designed with your board members in mind; Another great year at the Annual Conference and Exhibitor Showcase

Public employee speech: When does it cross the line?

12 In Brief Librarians offers services beyond library walls; Tablets for tots; Grant money for water conservation; Live birthday cake featured at district celebration; Districts partner for new engine; Leak busting team’s job now more important than ever; Major solar project for East Bay Regional Park District 26 Legal Brief Are your personal emails subject to the California Public Records Act?

Community Connections

Regulations, a river, and ratepayers

28 SDLF Tips and tricks for applying for SDLF Scholarships 32 Managing Risk Holiday safety tips 34 Money Matters EMV adds security to card transactions 38 What’s So Special She’s got the look Madera Irrigation District

Printed on recycled paper. California Special District – November-December 2015

CA SPECIAL

Officers Steve Perez, President Rosamond Community Services District

Board President’s message

William Nelson, Vice President Orange County Cemetery District Vincent Ferrante, Secretary Moss Landing Harbor District Greg Orsini, Treasurer McKinleyville Community Services Districtt Noelle Mattock, Past President El Dorado Hills Community Services District

Members of the Board Joel Bauer, West Side Cemetery District Stanley Caldwell, Mt. View Sanitary District Elaine Freeman, Rancho Simi Recreation & Park District Peter Kampa, Saddle Creek Community Services District Jo MacKenzie, Vista Irrigation District Shane McAffee, Greater Vallejo Recreation District Ginger Root, Country Club Sanitary District Timothy Ruiz, P.E., East Niles Community Services District Sherry Sterrett, Pleasant Hill Recreation and Park District Fred Ryness, Burney Water District Arlene Schafer, Costa Mesa Sanitary District Kathy Tiegs, Cucamonga Valley Water District

CSDA Staff Neil McCormick, Chief Executive Officer Megan Hemming, Professional Development Director Cathrine Lemaire, Member Services Director Kyle Packham, Advocacy & Public Affairs Director Todd Winslow, Publications Director Rick Wood, Finance & Administration Director Emily Cha, Staff Assistant Nick Clair, Legislative Analyst Bernice Creager, Public Affairs Specialist Marcus Detwiler, Legislative Assistant Sharon Foster, Professional Development Assistant Dillon Gibbons, Legislative Representative Monica Greenberg, Business Development Specialist Christina Lokke, Senior Legislative Representative Charlotte Lowe, Executive Assistant Jimmy MacDonald, Associate Legislative Representative Chris Palmer, Public Affairs Field Coordinator Lindsey Spaletta, Receptionist Cassandra Strawn, Member Services Specialist Dane Wadlé, Public Affairs Field Coordinator James Wilfong, Senior Designer Nicole Zajic, Editor For editorial inquiries, contact Nicole Zajic at 877.924.2732 or nicoled@csda.net. For advertising inquiries, contact Diana Granger, Granger Marketing Works, at (530) 642-0111 or granger@cwo.com.

1112 I Street, Suite 200 Sacramento, CA 95814 t: 916.442.7887 f: 916.442.7889 toll-free: 877.924.2732 www.csda.net A proud California Special Districts Alliance partner

Announcing the Districts Make the Difference campaign

Earlier

this year CSDA embarked on a public awareness and perception research project, which concluded with a statewide poll of over 800 Californians. The data gathered from this poll indicated that, while the general public had an overwhelming positive perception on the importance of services provided by special districts, they did not recognize the term “special districts.” With this information, CSDA staff worked on creating a public outreach campaign to bridge the gap between the crucial services millions of Californians value and the local special districts who provide them. This campaign was designed to increase public awareness of the value, impact, and services provided by special districts throughout the state. In 2016, CSDA will embark on this new public outreach campaign to educate the public and provide a platform for education and growth. The goals of the campaign are: • to educate Californians about the specialized, important, and necessary services local special districts provide to their communities; • to develop a strong connection between the services that Californians value and the local agencies that provide these services; and • to create a unified consensus amongst Californians that special districts are vital local agencies.

Steve Perez

This may seem like a big set of goals, however I am confident that our members’ work and dedication to the communities they serve will assist in highlighting the crucial services they provide. That work and dedication will also contribute in showcasing the fact that “districts make the difference” in our day to day lives. The Districts Make the Difference campaign will launch in 2016. Once launched, the campaign website will be available and will feature a simple to use toolkit for districts with public awareness videos, web banners, posters, factsheets, and other materials that can be easily downloaded. The Districts Make the Difference campaign will ensure there is one clear, energetic voice showcasing the transformative nature of our local agencies and will elevate the critical role special districts play in the lives of all Californians. I invite you to join me in sharing this simple but valuable message: “Districts Make the Difference” in our neighborhoods, in our communities, and in our state.

MAKE THE

Highlight

CSDA’s Special District Leadership Academy

January 16

Two chances to attend all four modules of the academy at one location over two and half days! Two Opportunities for the Special District Leadership Academy Conference in 2016 CSDA’s Special District Leadership Academy (SDLA) Conference was created to offer attendees the option to complete all four modules of our popular Academy in just two-and-a-half days. The modules cover all aspects of a board member’s responsibilities, from governance foundations to the board’s role in human resources, setting direction and community leadership, and even the board’s fiduciary responsibilities. Due to the demand for more governance training throughout the state, CSDA is offering the SDLA Conference twice in 2016. The first conference will feature both first-time and returning/advanced attendee tracks and will be held January 24 – 27 in La Quinta. Can’t make it to La Quinta? Don’t worry - the other SDLA Conference will be held July 10 – 13 in Napa and will have sessions for first-time attendees only. Attendees at either conference can expect to network with their peers, learn from some of the best instructors from around the state regarding issues impacting special districts, and take home real world information you can use in your district when you get back home. Whether you are new to the board or someone who has served for many years, this conference provides essential tools and information to effectively govern your district! Visit sdla.csda.net for session information and to register online. Early bird discounts are available through December 23, 2015 for the January conference.

California Special District – November-December 2015

January 7

WEBINAR

Prevailing Wage Updates for 2016

January 12

WEBINAR

AB 1825 Harassment Prevention Training

January 14

WORKSHOP

How to be an Effective New Board Member, Port Hueneme

January 20

WEBINAR

Who Does What? Best Practices in Board/Staff Relations

January 26

WEBINAR

Intro to Special District Finances for New Board Members

January 24-27

CONFERENCE

Special District Leadership Academy Conference, La Quinta

February February 9

WORKSHOP

Proposition 26, Proposition 218 and Rate Setting, Fountain Valley

February 11

WORKSHOP

Supervisory Skills for the Public Sector, Sacramento

February 17

WORKSHOP

Understanding Board Member and District Liability Issues, Quincy

February 18

WORKSHOP

How to be an Effective New Board Member, Martinez

CSDA NEWS september 21-24

Renew Membership with Online Payment Option Being a member just got a little easier! CSDA is pleased to announce your agency now has the option of renewing membership via our website. In addition to making online dues payments, the designated main contact for your agency also has the capability to make important updates to staff or contact information. Your recent dues invoice included instructions for online renewal. In addition, CSDA is again offering online access to required ethics training at no cost to renewing members. Just pay your CSDA membership dues by January 5, 2016 and your agency will receive access to on-demand AB 1234 Ethics Compliance Training between January 5 and March 7, 2016. Contact CSDA Member Services for more information about online dues payments or ethics training.

California Special Districts Association Districts Stronger Together

SPECIAL DISTRICT BOARD MEMBER/TRUSTEE

Handbook Designed with Your New Board Members in Mind

The Special District Board Member/Trustee Handbook is newly updated and now available through the CSDA Bookstore at www.csda.net. The Handbook includes such topics as roles and responsibilities of board members, ethics laws, the Brown Act, and more. Newly elected officials, as well as seasoned board members and trustees, will find this handbook a valuable resource. California Special Districts Association Special District Board Member/Trustee Handbook

Monterey, CA

Another Great Year at the Annual Conference and Exhibitor Showcase The conference in Monterey gathered over 750 attendees and included a full range of breakout session topics, keynotes from leading speakers on the issues districts need to know about, and over 60 exhibitors in this year’s showcase. The first full day of conference began with an opening keynote featuring bestselling author and world-renowned speaker on exploiting business trends and new opportunities, Peter Sheahan. Wednesday’s activities were jam-packed and started with the SDRMA Safety Awards and keynote presentation by Michael Bazzell, computer security specialist and privacy consultant, on “Protecting Your Organization from Computer Crime.” The gripping session shocked and alerted attendees as to how accessible private information can be. The last day included more breakout sessions, the Chapter Roundtable, and a closing brunch. The “2015 Legislative Outcomes: The Impact on Your Special District” provided attendees with the most up-to-date information on state budget and legislative issues impacting special districts, including major proposals on property taxes, public works, mandates, and public employee pensions.

Congratulations to this year’s CSDA Award Winners 1. Exceptional Public Outreach (Large District) Upper San Gabriel Valley Municipal Water District “Water Smart City” Accepting: Board President Michael Touhey Patty Cortez, Director of Government & Community Affairs

5. General Manager of the Year Dennis Lamb, Vallecitos Water District

2. Exceptional Public Outreach (Small District) Los Medanos Community Healthcare District “Impact Project” Accepting: Director Linda Strong, Staff Member Melinda Harris & CEO Bobbi Palmer

7. Innovative Program/Project of the Year (Small District) Camarillo Health Care District “Building Hope Adult Day Center” Accepting: Board President Rod Brown & CEO Kara Partridge Ralston

3. Exceptional Public Outreach (Individual Category) Mary Zauner, Sanitation Districts of Los Angeles County 4. Innovative Program/Project of the Year (Large District) Union Sanitary District “Leadership School Program” Accepting: Organizational Performance Program Manager Laurie Brenner. GM Paul Eldredge and Communications & Intergovernmental Relation Coordinator Michelle Powell

6. Staff Member of the Year Cynthia Allen, Vandenberg Village Community Services District

8. Chapter of the Year Independent Special Districts of Orange County Accepting: Chapter President Mike Scheafer & Chapter Secretary Leslie Keane 9. Board President of the Year James Morales Jr., East Valley Water District 10. William Hollingsworth Award of Excellence Jeff Stava

10.

William Hollingsworth Award of Excellence Awarded to Jeff Stava

Thank you sponsors!

Champion • California Special Districts Alliance • CSDA Finance Corporation • Meyers Nave • Special District Leadership Foundation • Special District Risk Management Authority

Advocate • BHI Management Consulting • Liebert Cassidy Whitmore • McMurchie Law

Friend • Atkinson, Andelson, Loya, Ruud & Romo • Bank of the West • Best Best and Krieger LLP • BNY Mellon Trust Company, N.A. • Brandis Tallman, LLC • Five Star Bank • Jackson, DeMarco, Tidus, Peckenpaugh • Mann, Urrutia, Nelson CPAs & Associates • Nossaman LLP • Pacific Gas & Electric Company • PARS • Prager & Co., LLC • Richards Watson Gershon • SouthTech Systems • U.S. Communities • Wells Fargo Advisors, LLC

update

2015 Legislative Tour CSDA continued its outreach efforts to the Legislature by hosting its annual Special Districts Tour this October. The Special Districts Tour is an extension of CSDAâ&#x20AC;&#x2122;s continuing legislative outreach efforts and is designed to provide an example of diverse special district sites. The tour offers attendees a unique, handson experience to learn more about special districts, their functionality, and the essential services they provide to millions of Californians throughout the state. Now in its third year, the Special Districts Tour doubled in size, bringing the total number of legislative attendees to 21. In addition to new faces from Senate and Assembly offices, this year we were also joined by staff from the Legislative Analystâ&#x20AC;&#x2122;s Office and staff from key legislative committees. The tour was hosted by CSDA in partnership with the Association of California Healthcare Districts, the California Association of Public Cemeteries, the Association of California Water Agencies and the California Association of Resource Conservation Districts. Throughout the two-day tour attendees visited various sites and heard from the employees and partner associations at each of the stops. Highlights of the tour included a visit to a water main project during the Valley of the Moon Water District presentation, and a fitness demonstration and visit to the farmers market at the Petaluma Healthcare District. Attendees also visited the Napa County Resource Conservation District demonstration vineyard and learned about the history of the Vacaville-Elmira Cemetery District.

SPECIAL DISTRICTS GET SPECIAL TOOLS IN THE WEST. Bank of the West offers a CSDA District Purchasing Card that can help you improve your control over expenses and cash flow while streamlining your procurement process. And our online reporting tools can help you save time and track employee spending. To speak to a Relationship Manager, call 1-866-588-1358.

Member FDIC. Equal Housing Lender.

ÂŠ2015 Bank of the West. Loans subject to credit approval.

Ask theExperts Can we offer lower rates for our low income or residential customers just because they can’t afford it? Not exactly. So what can we do to reduce rate impact on our customers?

Offer a “lifeline” or Water Conservation Rate 1. Set a reduced amount of water that if all customers met, your cost would be reduced. 2. Determine the cost savings of the lower customer water use, both capital and operating costs, and set rates accordingly. (For example, less or smaller pumps, less electricity and chemicals, no purchased water or peak power, less staff, or less wells needed.) 3. Promote this rate as an alternative to those who cannot afford their bill.

Good Ol’ Customer Service

Know Financial Assistance Providers

Do you have a question for any of our CSDA experts? If so, send your question to Nicole Dunn, editor, at nicoled@csda.net.

Find and document the community foundations and/or nonprofit organizations whose mission it is to help low income residents. Call your county social services department and any agency or organization providing services to low income residents or seniors and ask if they offer help with utility bills. If they do not help but potentially could, ask them to help your customers. Keep a current list of these entities on hand for your billing staff and board members to give out to those who have a financial need.

Establish a Subsidy Fund Start an internal fund that can be granted to pay or reduce customer’s bills for those who meet financial/need criteria that you establish. The fund can grow by voluntary contributions from your employees (payroll), donated director stipends, allocation of discretionary funds such as ad valorem property tax dollars, penalty revenue or interest earned, proceeds from a golf tournament or other fundraiser, etc.

Most utility billing software allow you to create a simple report that identifies when a customer’s water usage has spiked, is increasing consistently, or is out of whack from prior usage. Use these features to notify customers early on that there are options to reduce water consumption and cost! • Generate a courtesy notice to customers whose water consumption goes outside set parameters. • Schedule a site visit to help customers cut water use and cost. Kampa Community Solutions, LLC (KampaCS) provides consulting services to meet the dynamic management needs of today’s special districts. We offer experienced and successful (Certified) Special District Administrators to serve every special district need on a fulltime, part-time, interim, or individual assignment basis. Whether we are serving as your general manager, orienting your new manager or board, or performing a service evaluation or optimization plan, KampaCS is your special district/special services team.

MOVERS & SHAKERS Mt. View Sanitary District Board Member Stanley Caldwell was appointed to the Contra Costa LAFCo as special district alternate member commissioner.

Ironhouse Sanitary District General Manager Tom Williams has retired after 15 years with the district. Chad Davisson fills the position, with 25 years of wastewater industry experience. Humboldt County Resource Conservation District Executive Director Jill Demers retired from the district after eight years of service. Best Best & Krieger LLP announces Syrus Devers as director of governmental affairs. Devers brings more than 20 years of experience in state government affairs, having served as legislative staff and a lobbyist. Nipomo Community Services District received the Environmental Engineering Project of the Year from the American Society of Civil Engineers, San Luis Obispo Branch, for its Southland Wastewater Treatment Facility. The CSD’s Director of Engineering and Operations Peter Sevcik also received an award for Outstanding Civil Engineer in the Public Sector for 2015. Cucamonga Valley Water District was recognized by the American Society of Civil Engineers, San Bernardino and Riverside Counties Branch, with the Outstanding Public Sector Civil Engineering Project Award for its recently completed Arthur H. Bridge Water Treatment Plant Upgrades Project.

California Special District – November-December 2015

movers and shakers Does your district have an individual recently appointed as general manager or a top staff position? Have you recently elected a new board president? Have any district personnel been appointed to other community boards or positions? Email your district’s movers and shakers to Nicole Zajic, editor, at nicolez@csda.net and we will include them in our next issue!

Dublin San Ramon Services District Director Dawn Benson resigned from the Board of Directors after having served for five years. “I have thoroughly enjoyed working with staff to keep Dublin San Ramon Services District in the forefront of the water, recycled water, wastewater and drought activities—not only in the Tri-Valley but also in the regional, state, and federal arenas,” says Benson. Chico Area Recreation and Park District welcomes General Manager Ann Willmann.

In Brief Librarians Offer Services Beyond Library Walls Through its Homebound Services Program, Santa Clara County Library District is offering services to its constituents who, due to illness or age, would not otherwise be able to access them. Many individuals are confined to their homes for various reasons and unable to travel to the library to check out books, reference materials, videos, and other publications. So the library district developed a program that brings those items, and an accompanying librarian, to them. House calls are pre-arranged with requested books and media materials, and librarians stay with the individual for a time to get to know them, offering human connection as well. Any resident living within the library’s service area is eligible for the program, if they have been unable to visit the library for at least three months and continue to be physically unable to visit without considerable effort or assistance. “It’s very important to match up the librarian with the customer in terms of personality and customer preference – they want someone they can relate to because it’s not just the delivery of books, it’s the interaction as well,” says Judith Gregg, community librarian. “You carefully select the items that reflect the interest of the customer, and have that time with them when you can sit and chat.” Through this program, individuals confined to their homes are able to gain access to materials that allow them to enhance their time and transcend the walls of their houses.

Tablets for Tots Thanks to a grant from a local bank, Tehachapi Valley Recreation and Park District’s Tehachapi Tots preschool program is purchasing six to eight new Kindle tablets. “Technology is amazing these days, and we thought this would be a great way to introduce the kids to things they will be learning later on in school,” says TVRPD Recreation Supervisor LeAnn Williams. Tehachapi Tots is open to the public and works with children 18 months to five years old. The program uses activities to enhance childrens’ social, physical, emotional and intellectual development. The Kindle tablets will be used to assist in expanding the interests of the preschoolers to include recent technology, in preparation for their upcoming grade-school education.

Sources: Los Altos Town Crier, Marin Independent Journal, San Gabriel Valley Journal, San Jose Mercury News, Tahoe Daily Tribune, Tehachapi News, Village Life

Live Birthday Cake Featured at District Celebration As part of El Dorado Hills Community Services District’s 25th birthday celebration, a live birthday cake made of succulent plants was created and featured. The “cake” consists of about 1,500 cuttings – most from the sempervivum plant, commonly known as Hens and Chicks. These plants can tolerate hot sun and shade, and the winter cold. The district anticipates the cake will survive for a number of years. Each tier of the cake was constructed out of chicken wire, which the cuttings were rooted directly into. The tiers were then staked into the ground and compacted with soil. A drip line was run through each tier and is operated by a battery-powered clock. “Our succulent topiary birthday cake has captured the attention of hundreds of El Dorado Hills residents as they take part in the many recreation programs and events in their beloved park,” says CSD General Manager Brent Dennis.

Got news? California Special District wants to hear about newsworthy people, projects, events and accomplishments in your district. To submit a news item for In Brief, contact Nicole Dunn at nicoled@csda.net or (877) 924-2732.

Grant Money for Water Conservation San Gabriel Municipal Water District (SGVMWD) received an over $230,000 grant from the California Department of Water Resources. The money will be used to expand district-offered rebates for water-saving washing machines, smart irrigation controllers, waterless urinals and high efficiency toilets. SGVMWD was one of 22 districts to receive such funds for water conservation projects. Says Thomas A. Love, SGVMWD board president: “We all have to work together and change our behavior to combat the severe drought here in the San Gabriel Valley. It’s time for action. Our district has been a leader in promoting public education and water conservation. Our rebate program has been very popular and this grant will help us extend rebate benefits to an increased number of residents and businesses in our member cities and, thus, conserve even more water and energy in the process.”

Leak-Busting Team’s Job Now More Important than Ever Marin Municipal Water District employs a two-person leak-busting team, which goes throughout the district’s service area seeking out any leaks in the district’s network of pipes. The duo covers 900 miles of pipes, which deliver water to 190,000 residents. To seek out the leaks, the team uses sonic leak detection equipment. This equipment allows them to locate leaks hidden from view under roads. Through headphones and a device akin to a stethoscope, the team listens for pressure behind the water that is leaking, which indicates water is leaving a pipe at some point. They also carry a laptop with historical data of a neighborhood’s water line so they know what type of pipe is experiencing the leak without having to dig. Since the program’s inception in 2008, the team has found over 1,500 leaks in district pipes. With the historical drought California is experiencing, finding these leaks and repairing them is more important and valuable than ever.

Major Solar Project for East Bay Regional Park District East Bay Regional Park District is planning a solar project that would offset almost all of the energy used at its 65 regional parks. The project is planned for its Shadow Cliffs Regional Recreation Area parking lot, which gets a lot of sun, and would provide the added benefit of providing shade (under the solar panels) to visitors’ cars. “This is a big step toward making the park district energy self-sufficient,” says Assistant Financial Manager Jeff Rassmussen. The project would generate up to 1.2 megawatts of electricity and $535,000 a year in credits on the district’s utility bills. With those credits, it is estimated the project will pay for itself in 12 to 15 years.

Districts Partner for New Engine Truckee Fire Protection District and Truckee Tahoe Airport District partnered this year to purchase a new fire engine. The engine is housed at the airport and, while it is equipped for aircraft-related fires, like a large foam tank, it is also fully equipped to fight structure and wildland fires. The engine will be a “first out” engine and will respond to fire calls throughout the Truckee area. “Our engine that was based at the airport was almost 20 years old, so the timing couldn’t have been better,” says Fire Chief Bob Bena. “We can’t thank the airport district enough for their generosity and partnership; this engine will provide many years of superior service to the Truckee community, not just the airport.”

California Special District – November-December 2015

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Property taxes in California Interview with Nichole Cone and Dave Schey What trends are we seeing right now with property taxes in California? We are seeing a moderation of sale prices and less parcels being sold in most parts of the State. The moderation translates to a slowing of growth between upcoming tax years. Proposition 8 restorations are also contributing to growth but the majority of the restorations should be completed in the next two years.

What are the key drivers of property tax revenue? • California Consumer Price Index (CCPI) measured from October to October with a maximum growth of two percent under Proposition 13 • Transfers of ownership from the prior calendar year • New construction • Proposition 8 restorations or reductions if we are in a downturn or recovery • Successful appeals

Explain the impacts of Redevelopment Agency dissolution on special districts.

For special districts, property taxes can make the world go round. It is important for districts to have an understanding of the factors that can affect property taxes, the trends taking place in California related to property taxes, and the elements to be aware of when working with property tax projections. California Special District asked property tax experts Nichole Cone and Dave Schey, with HdL Coren and Cone, to discuss with us these aspects.

From the beginning of redevelopment in California to the point of dissolution of redevelopment agencies in 2012, redevelopment agencies were allowed to establish project areas pursuant to the rules and regulations contained in Redevelopment Law. Once established, all property tax revenue from the increase in value within the new project area was diverted to the redevelopment agency for use in redevelopment activities. This revenue was referred to as tax increment revenue. Redevelopment agencies normally used a pledge of these tax increment revenues to issue bonds and the proceeds of these bonds were used to accomplish the agency’s redevelopment goals. The obligation to pay the debt service on such bonds and the requirement to fulfill other obligations entered into by the former redevelopment agencies remain after dissolution.

The successor agencies that are charged with winding down the activities of the former redevelopment agencies provide for payment of these existing obligations through a process established under the dissolution legislation. All pass through obligations of the former redevelopment agencies will continue to be calculated and paid by the county auditor controller (CAC) each January 2 and June 1. Each January 2 and June 1 the CAC begins with the tax increment revenues that have been collected since the last distribution and first deducts its administrative costs. The CAC then deducts and pays the pass through obligations to the taxing entities, including special districts. The money that is left is first used by the successor agency to pay the debt obligations payable over the next six-month period that have been approved by the California Department of Finance (DOF) and, if there is sufficient revenue, to pay the successor agency an amount approved by DOF to cover the successor agency’s administrative costs. If there is money left after payment of these obligations, it is referred to as residual revenue and is allocated to all taxing entities based on their proportional shares of the tax increment revenue. The dissolution legislation requires that for each January 2 and June 1 allocation of revenue, the combination of pass through payments to a taxing entity and that taxing entity’s residual revenue share cannot exceed that taxing entity’s full share of the tax increment revenue. Special districts, then, would normally receive an allocation from the CAC each January 2 and June 1 that represents their pass through payment and their share of residual revenue.

order for their redevelopment activities or was to be used for increasing the stock of housing for persons of low and moderate income. The dissolution legislation requires that these properties be disposed of under a strict set of guidelines. As these properties are sold, the proceeds of the sales will be turned over to the CAC and those proceeds will be allocated to the taxing entities, including special districts, in proportion to their share of the tax increment revenues. The disposition of these properties will be going on for several years and special districts may be allocated their portions of the proceeds periodically. Special districts should make sure that they are well aware of the nature of the revenues they receive from the CAC as the result of dissolution of redevelopment so that they will know what revenues are one-time amounts and what revenues they can safely count on when budgeting for future years.

How do the state’s newly enacted economic development tools affect special districts and their property tax revenue (i.e. SB 628 (Beall 2014), AB 2 (Alejo 2015), AB 313 (Atkins 2015))? The tools being adopted and touted as “Redevelopment 2.0” are intended to provide a means whereby a city or other taxing entity can negotiate agreements Continued on page 16

You serve others and LCW is honored to serve you. 2016 PUBLIC SECTOR

EMPLOYMENT LAW CONFERENCE FEBRUARY 25-26, 2016 | SAN FRANCISCO, CA This Conference is a key resource for Special Districts and includes a variety of informative, engaging presentations with practical lessons for success in the workplace.

Discounted Registration Rates Expire on December 18!

The former redevelopment agencies often owned property that had been acquired in

California Special District – November-December 2015

Property taxes in California [continued] with other taxing entities to establish a means by which economic development activities can be financed. The requirements for establishment of Enhanced Infrastructure Financing Districts (EIFD) and Community Revitalization and Investment Authorities (CRIA) are much more constrained than they existed for formation of the former redevelopment project areas and funding for the activities of these new entities is negotiated. In no case is a school district, college district or county office of education allowed to agree to the use of any portion of their property tax share for these activities. The diversion of property taxes for use under these new entities is allowed only with a taxing entity’s agreement. No special district or other taxing entity is required to give up its property tax revenues in furtherance of the activities of these new community development entities.

On the other hand, a special district or other taxing entity could allow the use of a portion of its property tax revenues if it found that the activities of the new EIFD or CRIA would be beneficial. Giving up some revenue in order to facilitate improvements or development that will ultimately result in a greater amount of property tax revenues may make good sense. The important point is that under these new legislative acts, the decision as to whether monetary participation in the proposed districts makes sense for a particular special district or other taxing entity, remains with that special district or taxing entity. The possible activities of these new entities are extensive and may be beneficial to many special districts. While the formation of an EIFD or CRIA would have to be undertaken by a county or city, active participation by a special district may allow that district to fund development of infrastructure that will benefit the district and the surrounding areas. Proposals for the formation of EIFDs or CRIAs should be carefully evaluated and participation in them should not be rejected out of hand.

What are the elements districts need to be aware of in preparation of property tax revenue projections? • The amount of value added to the tax roll due to transfers of ownership in the last calendar year • The published CCPI from the previous October • Value added from new construction from the last calendar year • Any large successful appeals in the last calendar year within the district

How often should districts audit and verify that they are receiving the correct allocation of property taxes? No less than once every five years and/or after changes to any voter-approved taxes or annexations of new territory.

How has the economic recovery impacted property tax revenue for special districts? The economic recovery has impacted special districts by increasing property tax revenue due to the increase in median sale prices over the last couple of years. Between the increase in sales and the restoration of properties reduced per Proposition 8, many districts have seen high growth percentages and some have recovered to revenue levels received prior to the downturn. Continued on page 30

CSDA Membership Delivers More. CSDA is proud of our ability to provide strong, respected representation of special districts at the state capitol. We’re happy to bring quality education programs to your board members and staff. And we’re delighted to be the association you trust to get timely, valuable information to your inbox as well as to your mailbox. But did you know your membership in CSDA can deliver even more to keep your agency running efficiently and effectively? We are constantly on the lookout to identify and partner with businesses that have a reputation for top-quality services, products and customer support. These businesses have agreed to offer their services tailored to CSDA members. CSDA’s Value-Added Benefits deliver cost-effective solutions to meet your agency’s needs now and in the future. It’s just one more way CSDA membership delivers more. Call Member Services at 877.924.2732 for information on any of these services:

Avantpage – Translation and interpretation services Bank of the West – CSDA branded purchasing card program designed for special districts California CAD Solutions – Digital mapping solutions CalTRUST – Pooled investment accounts eCivis – Grant research and management system Employee Relations – Employment background investigations, drug testing and employee hotline services PARS – Trust and services for OPEB Streamline – Website design system U.S. Communities -– Discounted purchasing forum for office supplies, technology products and more Utility Cost Management - Utility bill audits

CSDA members have access to exclusive programs delivered by our California Special Districts Alliance Partners: • CSDA Finance Corporation – visit www.csdafinance.net for tax-exempt municipal financing • Special District Risk Management Authority (SDRMA) – visit www.sdrma.org for cost-effective Workers’ Compensation, Property & Liability and Health Coverages

Imagine the following scenario. As the general manager of a prominent special district, you arrive at work on a Monday morning feeling refreshed from a long weekend. But a hush falls over the crowded break room when you enter the room to fill your coffee. A few minutes later, a brave soul on your staff asks you, “Did you hear what John Smith (another member of your staff) posted about you on Facebook last night?” When your confidante provides you with a copy of John’s post, you are mortified to

Public Employee Speech: When Does it Cross the Line? By Nate Kowalski, Jay Trinnaman, and Arielle Spinner, Atkinson, Andelson, Loya, Rudd & Romo

learn that he thinks that you micro-manage your employees and are uptight. Moreover, John thinks that your efforts to expedite the construction of a water desalination plant are fiscally irresponsible. After you get over the initial shock from reading the post, you ask yourself: What can and should I do about this? Many legal issues surround employees’ right to free speech in the workplace, particularly when social media is involved. This article provides an overview of public employees’ rights to free speech and how public employers can determine whether their employees’ speech is constitutionally protected. The First Amendment of the United States Constitution serves as the basis for public employees’ right to free speech. Courts recognize that both employers and employees have important interests: Public employers have an interest in promoting the efficiency of the services they perform through their employees, but public employees do not completely surrender their First Amendment rights. Some types of employee speech are protected under the First Amendment, and if an employer tries to restrict that speech or discipline the employee for making that speech, the employer could face a constitutional claim. But other types of employee speech are not protected under the First Amendment, and can be restricted by employers. So how do employers determine what types of speech are protected? Can you discipline John for his Facebook post? In evaluating whether a public employee’s speech is protected, courts engage in a three-step analysis:

Step One: Is the employee speaking as a citizen or as part of his or her official duties?

The first step is to determine whether John was speaking as a private citizen or as part of his official duties when he made his Facebook post. If John was speaking as a citizen, his speech may be constitutionally protected depending on the speech’s content.

If John was speaking as part of his official duties, his post is not protected speech and you can restrict the speech or discipline him for making that speech (Garcetti v. Ceballos [2006] 547 U.S. 410). Courts have ruled that so long as speech is in furtherance of the employee’s work responsibilities, it is considered to be pursuant to official duties. If John is a lower-level staffer whose job responsibilities do not include posting on social media, he was likely speaking as a citizen and not within the scope of his official duties. However, if he is a higher-level employee with policymaking duties, he was likely speaking within the scope of his official duties when he posted about the desalination plant.

his opponent compromised “the need for harmony and discipline in the Sheriff’s Office,” but the court held that there was no evidence to indicate that the officer’s Facebook support of the opponent’s campaign disrupted the office or made it more difficult for anyone to perform work efficiently (Bland, 730 F.3d 368 at 387).

Step Two: Is the employee’s speech regarding a “matter of public concern?”

interest” (Connick v. Myers [1983] 461 U.S. 138, 146; City of San Diego v. Roe [2004] 543 U.S. 77, 83-84). Determining whether an employee’s speech is a matter of public concern requires analyzing the speech’s content, form, and context. John’s Facebook post addressed two different topics: (1) your management style; and (2) your efforts to expedite the construction of a desalination plant. Courts have held that individual grievances are not matters of public concern, unless these complaints implicate serious employer mismanagement or wastefulness (Desrochers v. City of San Bernardino, 572 F.3d 703 [9th Cir. 2009]). His criticism of your management style is likely not a matter of public concern, and this part of his post is not protected. However, his discussion of the desalination plant does relate to a matter of public concern.

In order for John’s speech to be constitutionally protected, John must have been: (1) speaking as a private citizen; and (2) speaking about a matter of public concern. Therefore, if John was speaking as part of his official duties (or as a “policymaker”) or his post did not address an issue of public concern, it is not protected under the First Amendment and he may be disciplined for his comments. Accordingly, if John was speaking as a private citizen, you must move on to the second step of the analysis to determine whether the content of John’s Facebook post pertained to a “matter of public concern” Courts have held that an employee who to assess whether it is subject to protection. is a “policymaker” may be prohibited from politically opposing his employer How can you determine whether or not John’s post or coworkers (Bland v. Roberts, 730 addressed a “matter of public concern?” Courts have F.3d 368, 380 [4th Cir. 2013]). To found that a matter of public concern is one that relates determine whether an employee’s job to “any matter of political, social, or other concern to is a policymaking position, courts the community” or is the subject of “legitimate news consider several factors, including: Continued on page 20 “vague or broad responsibilities, relative pay, technical competence, power to control others, authority to speak in the name of policymakers, public perception, influence on programs, contact with elected officials, and responsiveness to partisan politics and political leaders” (Fazio v. City & County of San Francisco, 125 F.3d Announcing the PARS Pension Rate 1328, 1334 [9th Cir. 1997]). In cases Stabilization Program (PRSP) — NEW! where the employee is considered a • Local control of reserve funds • Offset pension rate increases “policymaker,” the employer must also • Greater earning potential • Pay pension costs at any time demonstrate that political allegiance Lower liabilities for GASB 68 • • Prefund OPEB & Pension in the same trust to the employer is an appropriate

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requirement for the performance of their jobs (DiRuzza v. County of Tehama, 206 F.3d 1304, 1310–11 [9th Cir.2000]). In Bland, a Sheriff refused to reappoint a police officer who supported the Sheriff’s political opponent by “liking” his opponent on Facebook. The Sheriff argued that the officer’s support of

California Special District – November-December 2015

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Public employee speech [continued from page 19] Step Three: Does the employee’s interest in speaking on a matter of public concern outweigh the employer’s interest in efficiency?

If it has been determined that (1) John was speaking as a private citizen and (2) John’s post related to a matter of public concern, you must move to the third step of the analysis, where courts employ a balancing test. Even if an employee shows that his speech meets the requirements to be constitutionally protected, if an employer’s interest in efficiency of public services outweighs the employee’s interest in the speech, the employer may still be allowed to restrict the speech (Pickering v. Board of Education [1968] 391 U.S. 563).

How can you determine if your interest in promoting efficiency outweighs John’s interest in making his post? Courts consider several factors in this analysis, including: the nature of the parties’ working relationship; the detrimental effect of the speech on the employer or the harmony among coworkers; and the

nature of the employee’s relationship to issues contained in the speech (Pickering, 391 U.S. 563 at 569-573). An employee has a greater interest in protected speech for statements made during off-duty hours (Berger v. Battaglia, 779 F.2d 992 [4th Cir. 1985]). In Gresham, a police officer posted on Facebook that she had arrested a suspect whose relative, a police investigator, obstructed the investigation (Gresham v. City of Atlanta [N.D. Georgia 2011] 2011 WL 4601020). The police department disciplined the officer, and she brought a First Amendment retaliation claim. The court concluded that the department’s interests in limiting the officer’s speech outweighed her interest in the speech. The department had interests “in maintaining solidarity, order, and discipline within the police force, and in maintaining the public trust and confidence in its capabilities,” and the officer’s post threatened these interests (Id. at *4). In this case, the protected portion of John’s Facebook post expressed that he did not believe that the plans for the desalination plant were fiscally prudent. The question will turn on whether the interest in expressing those sentiments was outweighed by the interests of the district in maintaining efficient operations. In this case, the speech would likely not be considered sufficiently disruptive to warrant the restriction of John’s comments. The content and method of his criticism was not an overt call for employees to take action to disrupt operations, nor would it likely have that effect. While the post

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questions the wisdom in pursuing the construction of a desalination plant, that opinion issued as a private citizen would likely not have the necessary negative impact on the district to nullify its protection. However, it should be noted that courts have held that employers are not required to “allow events to unfold to the extent that the disruption of the office and the destruction of working relationships is manifest before taking action” (Connick, 461 U.S. 138 at 152). You do not have to wait and see if John’s post impairs your management capabilities before requiring him to remove his post or disciplining him. If you reasonably believe that his post will negatively affect other employees, you may act preventatively. However, you must act reasonably in gathering the facts necessary to decide whether the speech has constitutional protections (Waters v. Churchill [1994] 511 U.S. 661, 678). Ultimately, while public sector employees enjoy greater protection of their speech in the workplace than their private sector counterparts, there are limits. The extent of that protection hinges upon the scope of the employee’s job duties, the content of the speech, and the extent of any resulting disruption of the workplace. In a world where there is more access and opportunity to share one’s views with the outside world, special district employers need to be cognizant of when distasteful or controversial speech is protected from reprisal and when it crosses the line. Nate Kowalski and Jay Trinnaman are partners in the Cerritos office of Atkinson, Andelson, Loya, Ruud & Romo. They represent cities, counties, and special districts in all areas of public sector labor and employment. Arielle Spinner is a law clerk with the firm and in her final year at UCLA School of Law.

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CSDA Finance Corporation For more than 27 years the CSDA Finance Corporation has provided financing solutions for special districts and other local government agencies. Whether you need financing for an infrastructure project, land acquisition, or equipment or vehicle purchase, the consultants and staff of the CSDA Finance Corporation can guide you through the process at the best possible rates and terms. For a free, no-obligation quote, visit www.csdafinance.net or call 877.924.2732. The CSDA Finance Corporation is a proud partner of the California Special Districts Alliance, a collaborative partnership between CSDA, the CSDA Finance Corporation, and the Special District Risk Management Authority (SDRMA). Together the Alliance partners strive to be the premier resource for special districts.

California Special District â&#x20AC;&#x201C; November-December 2015

[Community Connections]

Regulations, A River, and Ratepayers

Donner Summit Public Utility District Sets the Bar for Community Inclusion By Schaelene Rollins, Donner Summit PUD

In the beautiful high mountains of the Sierra Nevada, the South Fork of the Yuba River begins its 40-mile journey to Nevada City beginning at Donner Summit. The river is considered the area’s hallmark for many, and an active – and vocal – advocacy group works hard to keep it that way. Donner Summit PUD (DSPUD) discharges treated wastewater effluent at the river’s headwaters and when it came time to renew its discharge permit in 2009, environmental groups and ratepayers got heavily involved. It isn’t unusual for there to be a disconnect between environmental groups focused on protecting habitats and aquatic life and the ratepayers who must foot the bill for advanced treatment options that best protect those assets. In Donner Summit, the cost to bring the most advanced treatment to their wastewater facility would eventually reach $19.5 million. While other

options were considered, some with a lower price tag, DSPUD and its board of directors chose to be stewards of the environment and do what was best for the river. The story of how DSPUD, local environmental groups, and ratepayers were managed and brought to consensus is a textbook case of public outreach and inclusion, which eventually met everyone’s needs, fulfilled compliance requirements, and protected a beautiful river. From early on, the project faced many challenges. Upgrades needed to modernize the plant to meet federal and state mandated discharge permit requirements were going to be costly. Donner Summit terrain is not an easy landscape to build on, especially in winter months. Although the year-round residential population is small, there is a large population flux on winter weekends when four area ski resorts are busy, which makes it difficult to maintain a healthy population of microbes for biological treatment options. And having ratepayers and environmental groups on board was going to be a hurdle.

Share your community connections Is your district interacting with the community in a new and original way? California Special District wants to know about it! Contact Nicole Zajic at nicolez@csda.net or (877) 924-2732.

with how this project will protect the river and benefit the overall health of the community,” said Jennifer. “The technical needs were to support the community’s specified priorities.” Through this process, it became apparent that the common ground for groups previously thought to be at odds was the environment and, especially, protecting the environment. The river’s health, it turned out, was more important to everyone than the team realized. It even overshadowed the substantial cost increase ratepayers would have to bear. It also became clear that residents wanted to preserve this natural resource for generations to come. The project team was tasked with developing alternatives that addressed DSPUD’s unique landscape and fluctuating weather conditions. “Our project engineers developed various scenarios that would allow us to achieve permit requirements and increase capacity during periods of peak wet weather. We took them to the public,” shares Tom Skjelstad, general manager “and they didn’t like it - at first.” That’s when DSPUD realized that they needed to change their public outreach approach and contacted a consultant to assist. “Our message was not resonating with the public. We knew the next few years would be rough if we didn’t find a way to at least bring folks into the middle. They didn’t have to love the project, but they needed to accept it,” said Tom. “And, the greater hope, to love it.” “People, and not just ratepayers, want to feel they have a say in the matter,” said Jennifer Harrison, the consultant who led the outreach and involvement process. “If you convey true sincerity and give people multiple avenues to comment and genuinely be involved, then I’ve found the public will support your project.” In Donner Summit, that is exactly what happened. Tom and his team reached out to environmental group leaders and neighborhood associations to hear first-hand what mattered most to them. “It was eye-opening. Of course people say they want to do what’s right in terms of protecting the environment, but in most cases, ratepayers want to protect their pocketbook first,” comments Tom. “But that was not true of everyone who spoke with us.” Given the new perspective, the team included the community through a series of planning workshops with the sole aim to hear and act on public comments. “We took the approach of starting California Special District – November-December 2015

“When we began to scope the project, we were concerned about cost and how the community would react to the inevitable rate Continued on page 24

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Community connections [continued from page 23] Through the workshops, the ratepayers gained an understanding that increased capacity was to ensure public safety, accommodate heavy fluctuations on the weekends for skiers, and ultimately protect their property values.

increases. But the public accepted the rationale behind selecting treatment options that ultimately benefited the river. Cost was still a concern, but protecting this precious natural resource made it palatable to most,” explained Tom. Emails and letters began pouring in questioning the types of chemicals in the effluent going into the South Yuba River. Community members at Donner Summit were very cautious about proceeding with any option that did not absolutely guarantee the health of the river.

Bythe

Numb3rs 196 – Gallons of water Californians use on average per day

One solution rose to the top. “After listening to the community, our engineers concluded that membrane bioreactors and ultraviolet light would be the best case scenario for treatment,” concluded Dr. Robert Emerick, principal at Stantec, the engineering firm of record. “This treatment would result in extremely low ammonia and nitrate levels in the treated effluent that could safely and responsibly be released into the river. And not to be forgotten as the crux of it all, this option met discharge permit requirements.” And while the environment was foremost, the community also came to understand the need for larger capacity. “People were wary about the expansion phase of this project. A new residential neighborhood was in the planning stages and was a threat to those who already lived at Donner Summit and didn’t want to see major growth of tract homes. We had to explain that our expansion was not an effort to support this potential, new neighborhood development, but to meet the needs of existing and approved subdivisions at full buildout.”

“We can say with confidence that the wastewater facility can now manage without worry of overflows, insufficient treatment, chemical imbalances, or other apprehensions that frequently caused our operators concern,” said Tom. With the new improvements, DSPUD’s wastewater treatment plant can now process up to 1.27 MGD on a peak day and in all weather conditions. Newly installed boilers heat the influent keeping the micro-organisms and sensitive biological treatment process in balance during extreme temperature swings. After almost six years of planning, engineering, and constructing the wastewater treatment plant, construction finally concluded in June 2015. “This calls for a celebration,” said Cathy Preis, DSPUD’s board president. “It’s important we recognized this amazing community for its efforts, commitment, and focus to work with us.” The community came out in full force. Over 100 community members, local political constituents, local association representatives and board members mixed, mingled, and reflected on years of hard work.

About the Donner Summit Public Utility District

DSPUD staff greeted folks at different buildings throughout the plant. “It was great to have an opportunity to show people right up close what they invested in and how it all works,” commented Jim King, DSPUD’s plant manager. “I think they were impressed.” Among the many in attendance included Placer County Supervisor Jennifer Montgomery who shared an official, yet heartfelt proclamation. “Therefore let it be known that on this day, July 18, 2015, Placer County Supervisor Jennifer Montgomery who is also a ratepayer in the local water district and a direct beneficiary of the upgraded wastewater treatment facility, commends the Donner Summit Public Utility District and all its partners on a job well done that benefits the environment, the economy and the social fabric of our community.”

Effective Public Outreach Practical Strategic Planning

Not to be408/374-0977 overlooked was DSPUD’s staff, who played an info@rauchcc.com integral role during the entire process. “For two years, this project has been under construction. Thank you to my www.rauchcc.com operations staff. You have exceeded all my expectations, but I am not surprised. I couldn’t be more proud to be a part of this project,” praised Tom. DSPUD built the trust and was able to shine in the end with its accomplishments. “From the community, ratepayers, project team, and plant staff, this was certainly a job well-done,” concluded Tom.

California Special District – November-December 2015

The Donner Summit Public Utility District (DSPUD) provides water and wastewater treatment for the Donner Summit area (Placer and Nevada counties) in the Sierra Nevada Mountains in California. The DSPUD strives to serve and treat water to the benefit of our environment including the human, animal and plant life within our watershed and beyond. For more information, visit www.dspud.com.

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Legal Brief Are Your Personal Emails Subject to the California Public Records Act? By Nick Clair, Legislative Analyst, CSDA

other devices to communicate with each other, including utilizing both work and personal email accounts, text messaging, and other newer communication mediums. These personal devices, along with personal computers, are also routinely used to create, store or edit work related documents. Board members and employees may also use personal email accounts to communicate and third-party services (such as Dropbox) to store or transfer work-related documents.

Do members of your special district’s board of directors use personal email accounts to communicate with district staff? Do district employees use personal email or text messages to communicate with each other? Is the information contained in these accounts and devices subject to disclosure under the California Public Records Act? That is the question currently before the California Supreme Court in City of San Jose v. The Superior Court of Santa Clara County. The California Public Records Act (CPRA) was enacted to require that public business be conducted “under the hard light of public scrutiny.” By giving the public the right to access public documents, CPRA sought to provide the public with the information necessary to evaluate the prudence of public agency decisions and to hold agencies accountable. California has also long maintained a strong interest in protecting individual privacy, a concept which is enshrined in the California Constitution. CPRA attempts to balance these competing interests in many ways, though the explicit statutory preference is to favor public disclosure over individual privacy. In some respects, CPRA has not been able to keep up with how new communication technologies are affecting how local governments operate. Board members and employees are increasingly using personal smartphones, tablets and 26

Local agency business can, and often is, conducted on devices or accounts outside of the agency’s control. Courts around the country, applying laws similar to CPRA, have struggled with whether communications, documents, and other information related to local agency business, which are stored on personal devices and accounts, are “public records” and the extent to which disclosure is required. The California Supreme Court will be considering this issue in City of San Jose v. The Superior Court of Santa Clara County. CPRA defines “public records” to include any writing relating to the public’s business if it is “prepared, owned, used, or retained by any state or local agency.” The issue before the Sixth District Court of Appeal was whether that definition encompassed communications “prepared, owned, used, or retained” by City officials and employees on their private electronic devices and accounts. The Plaintiff had submitted a public records request for documents relating to San Jose redevelopment, which included a specific request for “[a]ny and all voicemails, emails, or text messages sent or received on private electronic devices” used by City officials and employees. The City disclosed responsive documents including records sent or received using the City’s accounts on private electronic devices, but did not disclose similar records sent or received from private accounts. The City took the position that any records contained on City official or employee personal devices or accounts were not “public records” by definition because they were not “prepared, owned, used, or retained” by the City. The City argued that the definition’s reference to “any state or local agency” does not also include the officials or employees of the agency.

The California Public Records Act (CPRA) was enacted to require that public business be conducted “under the hard light of public scrutiny.”

members or representatives of any public body; it refers to The plaintiff argued that because an government bodies themselves, including counties, cities, agency “can only act through their “any board, commission, or agency thereof, other local public officials and employees” any act of those agency; or entities that are legislative bodies of a local agency individuals in their official capacity is pursuant to subdivision (c) and (d) of Section 54952.” The plain an act of the City itself and the same language of this provision thus denominates the legislative CPRA disclosure requirements apply. body as a whole; it does not appear to incorporate individual The plaintiff also relied on an earlier officials or employees of those entities. Had the Legislature intended to encompass such individuals within the scope of California Supreme Court case to make “public records,” it could easily have done so. the argument that the content of a record is what makes it a “public record,” The parties also raised practical concerns with the not the location of the document. interpretation of “public record” as applied to personal The Court of Appeal agreed with the devices and accounts. The City argued that there City’s position. The court stated: would be a great cost and burden on public agencies If a “local agency” and its officials are, if they were forced to search the private devices and as [plaintiff] portrayed them below, “one accounts of their officials and employees. Additionally, and the same,” then any writing prepared, public agencies have no practical method for requiring owned, used, or retained by the official a search where the official or employee refuses to is deemed that of the agency itself. The cooperate. The Plaintiff argued that an interpretation statute’s definition of “local agency,” that excludes private devices and accounts from however, does not mention individual

disclosure would allow public officials to avoid the public scrutiny, which was the purpose of the CPRA. The court indicated that it did not take these issues into account when making its decision, instead relying solely on the language of CPRA. The court suggested that, while the ability of public officials to privately conduct public business is “a serious concern,” such is for the Legislature to address. The case is now before the California Supreme Court. CSDA, along with other local government associations, have filed a brief in support of the City of San Jose. As of this writing the case is fully briefed and awaiting oral argument.

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California Special District – November-December 2015

leadership

Tips and tricks for applying for SDLF scholarships The Special District Leadership Foundation Board of Directors approved scholarship funds for its three scholarships in 2016. Thirty-five thousand dollars in scholarship funds were approved, including over $10,000 for governance training. Here’s what you need to know to help position you and your application at the top of the list. All SDLF scholarships are eligible to districts with budgets of $10 million or less. Check your budget to make sure you qualify.

2016 Special District Leadership Academy (SDLA) Dr. James Kohnen Scholarship

This scholarship is for registration fees for any or all of the four modules of the Special District Leadership Academy or the Special District Leadership Academy Conference and is open to elected/appointed special district board members from districts with budgets of less than $10 million, who have not previously completed the Special District Leadership Academy. Did you already complete the Special District Leadership Academy? This scholarship is not for you. Quick tip:

Apply early! The first conference is set for January 2016. Even if you don’t plan to attend until the July conference; make sure to get your application in. As with all SDLF scholarships, the money is awarded once a month following the 15th of that month until it runs out, so don’t wait. fun fact

2016 John Yeakley, SDA Scholarship

This scholarship is for registration fees for continuing education related to special district governance and operations for general managers and executive staff of districts with budgets of less than $10 million. Applicants must be currently pursuing their Special District Administrator (SDA) certification. quick trick

Make a plan! This scholarship fund requires you, as special district staff, to create a plan for attaining your SDA certification in the next five years. Start by downloading the SDA application at www.sdlf.org. Check to see where you stand on experience, higher education, community service, and related continuing education before you start your plan. It might take you far less than five years to earn the prestigious SDA.

Quick tip:

Scholarship funds were raised at the CSDA Annual Conference and Exhibitor Showcase through our silent auction and wine raffle. The San Diego Chapter of CSDA donated $500 toward the fund. 28

Need an example plan to kick start yours? Email info@sdlf.org to request one.

CSDA Appointees

Stanley Caldwell, Mt. View Sanitary District Jo MacKenzie, Vista Irrigation District Sherry Sterrett, Pleasant Hill Recreation & Park District

SDRMA Appointees Special District Leadership Foundation 1112 I Street, Suite 200 Sacramento, CA 95814 www.sdlf.org

David Aranda, SDA Sandy Raffelson, Herlong Public Utility District Jean Bracy, SDA, Mojave Desert Air Quality Management District

2016 Educational Allowance Fund

The goal of this fund is to provide special district elected/appointed officials and staff an opportunity to access continuing education opportunities that promote professional development and encourage further involvement through SDLF’s programs.

Special District Administrator Certification SEPTERMBER 2015

• Sheryl Landrum, Resource Conservation District of Greater San Diego • Beverli Marshall, West County Wastewater District

AUGUST 2015

Be specific! This scholarship requires you to submit a brief statement about why it would be beneficial to you and your district to receive the scholarship. Let the scholarship committee know why you have selected specific courses and what you hope to bring back to your district. Don’t be afraid to let the committee know of any other special circumstances they should consider when evaluating your application. Check your CSDA e-News, SDLF e-newsletter, SDLF Facebook page and www.sdlf.org for more details and applications as soon as they are released.

• Padre Dam Municipal Water District accreditation • Palmdale Water District accreditation • Vista Irrigation District reaccreditation • Palm Springs Cemetery District reaccreditation SEPTEMBER 2015

• Orange County Cemetery District • Yorba Linda Water District accreditation

Recognition in Special District Governance JULY 2015

• Scott Ratterman, Calaveras County Water District AUGSUT 2015

• Sabrina Brennan, San Mateo County Harbor District • Tomas Mattusch, San Mateo County Harbor District SEPTEMBER 2015

one last tip

• David Wigginton, Rio Linda-Elverta Recreation & Park District

Send us an update! If you’ve received an SDLF scholarship and it has impacted you and your district positively; let us know. We’d love to share your testimonial in our materials and encourage others to take advantage of these valuable programs.

Katie Kolitsos, Chief Consultant, Assembly Local Government Committee Geoffrey Neill, California State Association of Counties

Staff

Neil McCormick, CEO Megan Hemming, Program Manager Charlotte Lowe, Program Assistant Rick Wood, Finance Manager

Congratulations to those who completed the following SDLF programs.

Districts of Distinction Accreditation

Quick tip:

Public Member Appointees

OCTOBER 2015

• Beverli Marshall, West County Wastewater District • Nicole David, San Mateo County Harbor District • August Caires, Padre Dam Municipal Water District

California Special District – November-December 2015

District Transparency Certificate of Excellence JULY 2015

• Vista Irrigation District renewal • Las Virgenes Municipal Water District renewal • Orange County Cemetery District renewal • El Camino Healthcare District renewal • Las Gallinas Valley Sanitary District renewal • Placer County Water Agency • McKinleyville Community Services District renewal • Rancho Murieta Community Services District renewal • Santa Clara Valley Water District renewal • Port San Luis Harbor District AUGUST 2015

• Chino Valley Independent Fire District renewal • Indian Wells Valley Water District renewal • Zone 7 Water Agency • Spalding Community Services District renewal • Rio Linda-Elverta Community Water District • Mesa Water District renewal • San Juan Water District • Cucamonga Valley Water District renewal • Palm Springs Cemetery District renewal • Mojave Desert Air Quality Management District renewal SEPTEMBER 2015

• Monterey Regional Water Pollution Control Agency • El Dorado Hills Community Services District renewal • Central Basin Municipal Water District • Madera Irrigation District • Rancho California Water District • Castaic Lake Water Agency renewal • Central Contra Costa Sanitary District renewal OCTOBER 2015

• Special District Risk Management Authority renewal • El Toro Water District renewal • Heritage Ranch Community Services District renewal • Selma Cemetery District

Interview [continued from page 16] Explain Proposition 8, its impact on property taxes, particularly in light of the housing crisis and recovery, and what is important for districts to know. Proposition 8 requires assessors to temporarily lower values of properties to current market value if their trended Proposition 13 value exceeds the current market value. The values remain at the lower level until the housing market rebounds and may be increased back to the Proposition 13 value with CPI adjustments for all intervening years. The value may be gradually increased or brought back all in a single year if the market improves quickly enough to warrant it. In most parts of the state, Proposition 8 reductions were applied by

assessors between 2009/10 and 2012/13, restorations of value began happening in 2013/14 and are continuing through 2015/16. In the last downturn, it took five to eight years for values to be fully restored. This time it appears that most of the value will be recaptured in three to four years. One thing to keep in mind when budgeting is that some of the great growth districts have been receiving in the last couple of years has been due to these restorations. After all the properties are restored, it’s not realistic to expect the same growth in future years. Depending on the location, complete restorations of the reduced value could happen as soon as 2016/17.

District Snapshots As part of El Dorado Hills Community Services District’s 25th birthday celebration, a live birthday cake made of succulent plants was created and featured. The “cake” consists of about 1,500 succulent cuttings.

What should districts consider before deciding to propose a special assessment? We don’t administer special assessments but we handle the placement of levies on the tax roll. I would say one of the most important aspects is whether you have the support to pass the assessment. It’s also important to consider how much revenue is needed and whether the per parcel charge will be acceptable to residents. HdL Coren & Cone provides property tax analysis, audits, revenue projections, and residual revenue analysis for over 195 local agencies in California. For more information, visit our website at www. hdlcompanies.com.

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anaging Risk

Holiday Safety Tips

Holiday safety is an issue that burns brightest from late November to mid-January, the time when families gather, parties are scheduled, and travel spikes. By taking some basic precautions, you can ensure your whole family remains safe and injuryfree throughout the season.

To Prevent Fire in Your Home: • Never leave burning candles unattended; blow them out when you leave a room. • Keep candles out of reach of children. • Never sleep in a room with a lit candle and extinguish all candles before going to sleep. • Make sure candles are on stable surfaces, where they can’t easily be knocked over. • Don’t burn candles near trees, curtains, or any other flammable items. • Don’t burn trees, wreaths, or wrapping paper in the fireplace. • The Chimney Safety Institute of America recommends checking and cleaning the chimney and fireplace area at least once a year.

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Decorations Putting up decorations is one of the best ways to get in a holiday mood, however an estimated 15,000 injuries involving holiday decorating were seen in emergency rooms during the 2012 season. Even angel hair can hurt. • “Angel hair” is made from spun glass, and it can irritate your eyes and skin; always wear gloves when handling it, or substitute non-flammable cotton. • When spraying artificial snow on windows or other surfaces, be sure to follow directions carefully; these sprays can irritate your lungs if inhaled. • Decorate the tree with your kids in mind; move ornaments that are breakable or have metal hooks toward the top. • Always use a proper step ladder; don’t stand on chairs or other furniture. • Lights are among the best parts of holiday decorating; make sure there are no exposed or frayed wires, loose connections or broken sockets. • Plants can spruce up your holiday decorating, but keep those that may be poisonous (including some Poinsettias) out of reach of children or pets; the national Poison Control Center can be reached at (800) 222-1222. • Make sure paths are clear indoors so older adults do not trip on wrapping paper, decorations, toys, etc.; National Security Council provides tips for older adults on slip, trip, and fall protections.

Officers

David Aranda, President Jean Bracy, Vice President, Mojave Desert Air Quality Management District Ed Gray, Secretary, Chino Valley Independent Fire District Special District Risk Management Authority 1112 I Street, Suite 300 Sacramento, CA 95814 tel: 800.537.7790 www.sdrma.org

Members of the Board

Terry Burkhart, Bighorn-Desert View Water Agency Muril Clift, Cambria Community Services District Sandy Raffleson, Herlong Public Utility District Michael Scheafer, Costa Mesa Sanitary District

Holiday Travel Many people choose to travel during the holidays by automobile, with the highest fatality rate of any major form of transportation. In 2013, 343 people died on New Year’s Day, 360 on Thanksgiving Day and 88 on Christmas Day, according to Injury Facts 2015. Alcohol-impaired fatalities represented 31 percent of the totals. • Use a designated driver to ensure guests make it home safely after a holiday party; alcohol, over-the-counter, or illegal drugs all cause impairment. • Make sure every person in the vehicle is properly buckled up no matter how long or short the distance being traveled.

California Special District – November-December 2015

Consultants

Lauren Brant, Public Financial Management Ann Siprelle, Best Best & Krieger, LLP David McMurchie, McMurchie Law John Alltop, Bickmore Risk Services & Consulting Charice Huntley, River City Bank James Marta, CPA, Auditor Karl Snearer, Apex Insurance Agency Doug Wozniak, Alliant Insurance Services, Inc.

• Put that cell phone away; distracted driving causes one-quarter of all crashes. • Make sure the vehicle is properly maintained, and keep an emergency kit with you. • Be prepared for heavy traffic, and possibly heavy snow. Remember, when guests are staying in your home, make sure areas have night lights or easy-to-reach lamps in case they need to get up during the night. And, whether you are visiting someone else’s home or you have guests in your home, make sure all medications are kept up and away and out of sight from young children.

SDRMA Staff

Gregory S. Hall, ARM, Chief Executive Officer C. Paul Frydendal, CPA, Chief Operating Officer Dennis Timoney, ARM, Chief Risk Officer Ellen Doughty, Chief Member Services Officer Debra Yokota, Claims Manager Heather Thomson, CPA, Finance Manager Wendy Tucker, Member Services Manager Danny Pena, Senior Claims Examiner Alana Batzianis, Senior HR/Health Benefits Specialist Dan Berry – Senior Member Services Specialist Jennifer Ng, Claims Examiner I Shawn Vang, Accountant Rajnish Raj, Accounting Technician Rachel Saldana, Administrative Assistant

Legal Updates In recent training for AB 1825 compliance, a question that was raised was, “What is severe and pervasive behavior in the workplace? How do you identify it?” While usually this is a question for a jury to decide, there have been recent court decisions that provide a legal definition to this issue. While the work environment is full of social interaction between co-workers, sometimes these interactions can provide the seeds for litigation.

Continued on page 36

Money Matters EMV Adds Security to Card Transactions David Pollino, Senior Vice President and Enterprise Fraud Prevention Officer

In addition to the change in technology, there has been an important shift in who is responsible for losses caused by card fraud. Prior to October, when a fraudulent purchase was made with the card being physically used at a terminal, banks were responsible for the losses. Now, if an EMV chip card is used for an in-person transaction and the establishment has not upgraded to an EMV card reader, the establishment is liable for any card-present fraud losses. As of October, businesses and other entities that have not installed EMV-enabled payment terminals may be held liable for the costs of point-of-sale fraud.

To beef up security on credit and debit card payments in the United States, EMV chip cards are being rolled out across the country. EMV became the standard in October, and so card issuers this year have been very busy mailing out the new chip cards to their customers. And, I’ll tell you, that’s a lot of plastic. There are almost 800 million credit and debit cards activated in the United States, according to the most recent estimate from the Federal Reserve. Not only are cardholders getting new plastic, businesses and organizations, including special districts, that accept cards have been busy installing new card readers to handle EMV cards. Aside from feeling more at ease knowing that the new cards are safer, there are a few points you should understand both as a user of the new cards and as an entity or business accepting EMV chip cards. First, here’s what has changed in the technology: EMV chip cards make it difficult to create counterfeit cards or conduct fraudulent transactions because they include a microprocessor that securely stores information and performs encrypted processing during transactions. This chip is much more secure than the old magnetic stripe on the back of credit and debit cards, which is relatively easy to counterfeit.

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For card users the new technology means increased security. I like to remind people of three important points about using EMV chip cards: 1) There will be a change in how we use our credit and debit cards. Rather than swiping a card so the mag strip can be read, when you use an EMV terminal, you will have to insert the card and leave it for a few seconds while the EMV chip shares secure information during transaction processing. 2) EMV increases security for in-person transactions. The chip does not come into play in credit and debit card transactions online or by phone. This means you still need to be vigilant about sharing your card number and personal information online and by phone. 3) And, watch out during this transition to EMV chip cards for what I’ve called the “phish & chips scam”. The FTC has warned that scammers are emailing people, posing as a card issuer who needs their personal information in order to send out a new EMV chip card. They ask people to provide personal information or click on a link to continue the process. When people provide the information or click on the link, they open themselves up to fraud and identity theft. Protect yourself by knowing that card issuers do not need to contact you to send you a new EMV chip card.

Officers

Jo MacKenzie, President, Vista Irrigation District Paul Hughes, Vice President, South Tahoe Public Utilities District Steve Perez, SDA ,Secretary, Rosamond Community Services District Leslie Keane, Treasurer, Orange County Cemetery District

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Members of the Board

Don Humphrey, Livermore Area Recreation and Park District John Martin, Tehachapi-Cummings County Water District Matthew McCue, Mission Springs Water District

For businesses, non-profit organizations and entities such as special districts, EMV chip cards provide added security for inperson credit and debit card transactions – but only if you’ve installed new EMV card readers. With the liability shift that occurred in October, it is important for organizations that accept card payments to evaluate their particular situation and determine when and how to upgrade to the new, more secure terminals. If yours is a relatively small organization with just one location, the upgrade may be a simple as installing one new payment processing terminal to accept EMV chip cards. But if you accept cards in multiple locations or if you use mobile devices to take payments, your upgrade may be more involved. With multiple locations, you will need new terminals for all your locations. And, if your terminals are tied to your accounting system, you will likely need to integrate EMV technology with that system. Investments in equipment can be costly, and are often a big impediment to changing merchant service providers. If the upgrade to EMV technology requires a replacement of all your equipment, it may be a practical opportunity to shop around to compare competitive equipment and service quotes. If your business or organization has not upgraded to EMVcompatible card readers, I recommend you talk to your financial services provider. But, even if you decide today to install the more secure EMV chip card readers, it will take time to get them up and running. In the meantime, here are three tips to help protect your organization from fraud until you install EMV card readers. 1. Check out the card. Verify that the name on the front of the card matches the name imbedded in the mag stripe, which appears on your Point of Sale (POS) system or on the transaction receipt. 2. Check out the customer. Ask for identification and ensure the name on the ID matches the front of the card and the name imbedded in the mag stripe. 3. Upgrade sooner rather than later. Under the new rules, the party in a transaction who is not EMV-ready is liable for fraud losses. If your terminals are ready and you receive a non-EMV card, the issuer is liable for the losses. If you receive a chip card and you don’t have an EMV card reader, your business will be liable for fraud losses, so it’s definitely to your advantage to upgrade sooner rather than later.

Consultants

Rick Brandis, Brandis Tallman, LLC David McMurchie, McMurchie Law Scott Boroczi, BNY Mellon Trust Co., NA William Morton, Municipal Finance Corporation Albert Reyes, Nossaman, LLP Saul Rosenbaum, Prager & Co., LLC Nicole Tallman, Brandis Tallman, LLC

CSDAFC Staff

Neil McCormick, CEO Cathrine Lemaire, Program Manager Charlotte Lowe, Executive Assistant Rick Wood, Finance Manager

Recently closed financings

Special districts know they can count on the CSDA Finance Corporation for competitive rates, streamlined processes, and responsive service. So far this year, the CSDA Finance Corporation facilitated financings totaling more than $21 million for special district projects and purchases. Below are some examples of recently closed financings: Rancho Simi Recreation & Park District Administration building - $7,500,000 Emerald Bay Service District Capital projects - $5,000,000 Bodega Bay Public Utility District System improvements - $3,955,000 Feather River Recreation & Park District Refinancing - $3,000,000 East Niles Community Services District Land purchase - $285,000 Aromas Water District Solar installation - $280,000

Cuyama Valley Recreation District Tractor purchase - $28,000 For more information or a no-obligation quote, contact the CSDA Finance Corporation at 877.924.2732 or visit www.csdafinance.net.

California Special District – November-December 2015

Managing Risk [continued from page 33] One such decision that is relied on is: Haberman v. Cengage Learning Inc., Cal.App.4th (2009) The California Court of Appeal recently affirmed the grant of summary judgment in favor of an employer in a sexual harassment and retaliation case. This case is instructive from both legal and business viewpoints. First, Haberman illustrates what type of conduct does not meet the criteria for sexual harassment and retaliation as a matter of law. Second, the case shows that those in the business world would benefit from keeping workplace relationships on a professional level because, even if a future lawsuit is completely meritless, the company and individual defendants must participate in the litigation process. The facts in Haberman demonstrate how a disgruntled employee can splice together a series of isolated comments into a sexual harassment lawsuit. The plaintiff, Haberman, worked as a sales representative at a textbook publishing company. She and her supervisor, Bredenberg, worked closely as they attended conferences and traveled to various sales meetings. Haberman’s eventual lawsuit for sexual harassment and retaliation was based on thirteen separate incidents and comments over the course of a three-year period. Among other things, Bredenberg told Haberman that she was “drop dead gorgeous,” he had the “hots” for her and wanted to date her, that she was amazing for having “five children with no father in the picture,” asked her several times if she had friends who only wanted a sexual relationship with him, and asked how she “looked so pretty so early in the morning.” Because Haberman had failed to meet her sales goals for the third

consecutive year, Bredenberg and another supervisor, Reed, counseled her several times over the course of five months and warned her that she would be placed on a performance improvement program (PIP) if her sales did not improve. She was eventually placed on PIP, and she filed a sexual harassment and retaliation complaint with the company’s human resources department two days later. In affirming the trial court’s grant of summary judgment, the Court of Appeal first held that none of Bredenberg’s comments constituted sexual harassment as a matter of law. The Court applied the standards for sexual harassment claims recently reiterated by the California Supreme Court in Hughes v. Pair, 46 Cal.4th 1035 (2009), which explained that hostile work environment sexual harassment is actionable only when it is pervasive or severe. This means that “occasional, isolated, sporadic, or trivial” conduct is not sexual harassment as a matter of law. However, while this does not mean that isolated acts can never be actionable, those acts must be “severe or extreme.” An isolated incident can be actionable if it involves a “physical assault or a threat thereof.” Thus, short of actual or threatened physical harm, a single highly vulgar comment is not actionable. Applying Hughes, the Court of Appeal held that although the comments were “too personal and inappropriate” for the workplace, they were made over the course of several years and thus did not rise to the level of “a concerted pattern of harassment of a repeated, routine, or generalized nature.” Moreover, because Haberman had never been physically threatened or 36

assaulted in any way, these sporadic incidents could not constitute actionable sexual harassment as a matter of law. Turning to the retaliation issue, the Court of Appeal upheld the grant of summary judgment because Haberman complained to human resources after she had been warned for several months and placed on PIP. The Court noted that because Haberman’s supervisors had no knowledge of her complaint at the time they placed her on PIP, this discipline could not have been imposed in retaliation for the complaint. Moreover, the discipline was justified because there was substantial evidence that Haberman had failed to meet her sales goals for three consecutive years.

The takeaway lesson from this case for those in the business world is clear: you can diminish the likelihood that you will be sued if you act professionally in the workplace. The takeaway lesson from this case for those in the business world is clear: you can diminish the likelihood that you will be sued if you act professionally in the workplace. Haberman was able to weave together a series of sporadic unprofessional comments precisely because those comments had actually been made. While it is true that the sexual harassment laws are not, as the Court of Appeal noted, “a civility code and not designed to rid the workplace of vulgarity,” such unprofessional behavior in the workplace can lead to a very long and public - lawsuit.

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California Special District â&#x20AC;&#x201C; November-December 2015

[What’s so special]

Madera Irrigation District She’s Got the Look

Old logo

Madera Irrigation District (MID) faced a challenge recently. The logo the district had been using was outdated and didn’t visualize the district’s purpose accurately any longer. MID realized that this challenge could be turned into an excellent opportunity to engage with local high school students in the form of a logo design contest. Through the contest, not only would the district be able to update its logo but in the process could education students in the community about what it is, what it does, and its significance to the community.

New logo

California Special District asked MID to explain how the contest worked and what made the winning design stand out.

Jan Blake Executive Director

Madera Irrigation District Location: Madera, California Website: www.madera-id.org Budget: $17.7 million

Established: 1920 Size: Approximately 130,000 acres Population: Approximately 65,000

Why did MID choose to work with high school students on the logo, as opposed to a design firm? The Madera Irrigation District (MID) staff at the initial concept meeting brainstormed on possible logo designs. There were many ideas and concepts discussed. The idea emerged to have a logo design contest for local high school students. The district logo was outdated and did not accurately reflect the district in 2015. The previous logo featured cotton, a crop virtually non-existent in the district now, and did not showcase any of the district’s uniqueness.

How did you get the students involved? District staff spent several days at different area high schools presenting a PowerPoint to students called “MID 101.” The goal of the presentation was not only to spur interest in the logo design contest, but to give students an understanding of the district and how it relates to the community they live in. In addition, the logo design contest was featured on the district’s website, Facebook, and Twitter.

of Madera, which means wood in Spanish. The lumber was brought into Madera via flumes. The water from the flumes was utilized on the early crops in the Madera. Additionally, the design was in the shape of a water drop.

Would the district consider engaging with students in a similar manner in future projects? Yes, the logo contest was a great outreach effort for the district and the community. The district staff continues outreach efforts to educate the citizens of Madera on MID and the role the district plays in our community. The district would consider engaging students in a similar manner in future projects.

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Explain how the contest worked. The logo design contest was open to all Madera County high school students. The entries were judged by a team consisting of district representatives. Group projects were not allowed and an artist was allowed to submit up to two entries. The designs were limited to five colors and had to be sizable. Artists were encouraged to provide a brief written explanation of their logo design. The selection team chose the winning design and the artist was awarded a cash prize of $250. The design was given to a graphic design company to digitize.

What elements were you looking for in the logo design? The selection team was looking for a logo that was unique to the district. A non-circular design was preferred because the district’s previous logo was similar to other nearby agencies.

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California Special District – November-December 2015

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What made the winning logo stand out from the others? The winning design was created by recent Madera High School graduate Elizabeth Romero (pictured left). The design included an abstract wooden flume, which is unique to the district. The lumber industry was integral to the formation

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