California Special District by California Special Districts Association

CA SPECIAL

DISTRICT Publication of the California Special Districts Association

Keeping the board in compliance: Interview with Eileen Oâ&#x20AC;&#x2122;Hare, Liebert Cassidy Whitmore

Volume 11, Issue 5, Sept - Oct 2016

FEATURE Mosquito Control and Vector-Borne Disease in California: The Interjurisdictional Relationship of Water Management

Offering Creative Legal Solutions for Special Districts for More Than 70 Years

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Volume 11, Issue 5 • September - October 2016

Contents

Keeping the board in compliance Interview with Eileen O’Hare, Liebert Cassidy Whitmore

Mosquito Control and Vector-Borne Disease in California: The Interjurisdictional Relationship of Water Management

4 CEO’s Message CSDA Board sets course for next three years 5 Professional Development 2016 CSDA Annual Conference sponsors; Professional Development calendar 6 CSDA News Salary survey now available for download; 2017 good governance; Districts Make the Difference video contest

Solutions & Innovations

SLO energy watch partnership - CSD energy management program

8 Grassroots Action Update Take action on major issues 12 In Brief Recycled water used to keep veterans memorial green; Fire extinguisher lessons; Cemetery a reluctant hot spot for Pokemon Go; Pipe bomb found at park; Utility district delivers fish; Fire district requesting volunteers; Library patrons can learn a new language for free 24 Community Connections Citizens academy showcases importance of district in community

What’s So Special

Happy healthy superheroes Hesperia Recreation and Park District

28 Legal Brief Is your roster of public agencies statement of facts up to date? 30 Managing Risk Cyber security 34 Money Matters Cash management in your district

Ask the Experts - pg. 10

How should agencies handle officials who do not comply with AB 1234 ethics raining requirements?

Printed on recycled paper.

California Special District – September-October 2016

CA SPECIAL

Officers William Nelson, President Orange County Cemetery District

ceo’s message

Vincent Ferrante, Vice President Moss Landing Harbor District Arlene Schafer, Secretary Costa Mesa Sanitary District Greg Orsini, Treasurer McKinleyville Community Services District 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 Ralph Emerson, Garberville Sanitary District Peter Kampa, Saddle Creek Community Services District Jo MacKenzie, Vista Irrigation District Elaine Magner, Pleasant Valley Recreation & Park District Shane McAffee, Greater Vallejo Recreation District Sandi Miller, Selma Cemetery District Ginger Root, Country Club Sanitary District Timothy Ruiz, P.E., East Niles Community Services District Fred Ryness, Burney Water District Sherry Sterrett, Pleasant Hill Recreation and Park 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 Dillon Gibbons, Legislative Representative Christina Lokke, Senior Legislative Representative Charlotte Lowe, Editor, Communications Specialist Jimmy MacDonald, Legislative Representative Anna Palmer, Member Services Specialist Chris Palmer, Public Affairs Field Coordinator Alexandra Santos, Receptionist Lindsey Spaletta, Professional Development Assistant Cassandra Strawn, Member Services Specialist Dane Wadlé, Public Affairs Field Coordinator James Wilfong, Senior Designer For editorial inquiries, contact Charlotte Lowe at 877.924.2732 or charlottel@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

CSDA Board sets course for next three years

my last message written for the MayJune issue of the magazine, Planning for the Future: Key Considerations, I mentioned some best practices that I like to utilize as CSDA goes through the planning process. I’m pleased to report that we did in fact implement those practices and have developed a solid three-year plan as part of the CSDA Board of Director’s planning session in June 2016. The new 2017-19 CSDA Strategic & Staffing Plan, which was formally adopted on September 2, 2016 by the Board, continues to be aggressive in providing new tools, resources and enhanced services for our members. First and foremost, we listened to stakeholders through a comprehensive survey distributed widely in April 2016. We gathered the feedback received directly from CSDA members, our partners and others to ensure their overall priorities were communicated to the Board and, ultimately, reflected in our new goals and objectives. One key area of emphasis in the plan involves, in part, the addition of two more Public Affairs Field Coordinators in January 2017 as we reach toward the longer term goal of having one in each of CSDA’s six Networks. This will place us over halfway to our goal with four full-time CSDA staff that focus on working with districts and others at the local level. The Field Coordinators have proven to be extremely valuable and an essential component in connecting and communicating with CSDA members. Further, they assist in addressing district and network-wide issues and opportunities as well as facilitate grassroots outreach efforts both locally and in the Capitol. 4

Neil McCormick

In addition to the above, CSDA’s plan for the future also seeks to: • Grow capacity in efforts related to advocacy, representation and legal cases affecting districts. • Focus on enhancing public and stakeholder awareness of special districts through innovative programs and developing partnerships. • Assist districts with limited resources specifically in the areas of governance, finance, operations and human resources. • Develop new, innovative professional development opportunities for district staff and elected/appointed officials. • Deliver enhanced member services and benefits that will assist districts and save them money. • Utilize unique technology and platforms to deliver content and information that is relevant to each member. Lastly, in an effort to keep our commitment in maintaining membership dues at affordable levels, we were able to reduce the previously forecasted dues adjustments necessary for us to accomplish the aggressive goals and objectives outlined in the plan. This year, CSDA has hit record membership growth, retention, and participation numbers. We are now over 1,115 members strong! With feedback from our most important stakeholders, CSDA members, the CSDA Board and staff have set the course for the next three years and I’m confident that the aggressive 2017-19 CSDA Strategic & Staffing Plan will play a major role in taking the organization and our members to new levels of excellence.

Highlight

October October 10-13

CONFERENCE

Annual Conference & Exhibitor Showcase, San Diego

November

Thank you. Thank you to these generous sponsors for their support of the 2016 CSDA Annual Conference:

Nov. 8

WEBINAR

Ethics AB 1234 Compliance Training

Nov. 14-16

CONFERENCE

Board Secretary/Clerk Conference and Certificate Program, Seaside

December Dec. 6

WEBINAR

Responding to Data Breaches

Dec. 6

WORKSHOP

How to Be An Effective New Board Member, San Diego County

Dec. 8

WORKSHOP

Overview of Special District Laws, San Bernardino County

Champion Sponsors

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

• Liebert Cassidy Whitmore • McMurchie Law • Meyers Nave Friend Sponsors

• Atkinson, Andelson, Loya, Ruud & Romo • Bank of the West • Best Best & Krieger LLP • BHI Management Consulting • BNY Mellon Trust Company, N.A. • Brandis Tallman, LLC • FlashVote • Honeywell International, Inc. • Laserfiche • Nossaman LLP • Prager & Co., LLC • Richards Watson & Gershon • Southtech Systems • Streamline • U.S. Communities

California Special District – September-October 2016

Bythe

Numb3rs

30 - types of services CSDs are authorized to provide.

CSDA NEWS Salary Survey Now Available for Download

California Special Districts Association Districts Stronger Together

Submit your video via a DropBox link to info@districtsmakethedifference.org by October 31, 2016.

The 2015-2016 Special District Administrative Salary & Benefits Survey is now available for download in CSDA’s online bookstore. Compare your district with data from hundreds of other special districts of all types, all sizes, and from all areas of the state. The survey contains information on salary, health insurance practices, and retirement plans for 20 of the most common administrative positons. Members can purchase a download of the complete report for just $99. For a hardcopy version, contact CSDA member services.

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2015 - 2016 SPECIAL DISTRICT

ADMINISTRATIVE SALARY AND BENEFITS SURVEY

The most comprehensive, up-to-date look at salary, retirement, health benefits and more.

2016 Survey cover.indd 1

4/11/16 8:37 AM

Focus on Good Governance in 2017

Districts Make The Difference Video Contest

In an effort to increase the understanding $ and awareness DEADLINE Oct. 31 of special 2016 districts, CSDA Show Us How Special has launched a Districts Make the Difference statewide video in California for a chance to win up to $2,000! contest. As part of the Districts Make the Difference public outreach campaign, we invite all special districts to participate by sharing this contest with their communities.

HIP HOLARS $2,000 SC RSHIP 1ST PLACEHOLA HIP $1,000 SC HOLARS SC 00 2ND PLACE$5 3RD PLACE-

SPECIAL DISTRICTS

For over 100 years, local service agencies known as special districts have kept our lights on, our water flowing, and our communities thriving. California special districts are much more than just local service providers. These local agencies are created by local residents to meet their community’s needs in the most efficient and effective manner. Gather your friends and family to create a fun and informative 60 second video highlighting special districts and the difference they make in your community. The top five finalists will be announced November 6, 2016 and their videos will be posted to the Districts Make the Difference website. The public will then vote for their favorite video. The top three winners will receive a scholarship. FOR MORE DETAILS AND INFORMATION ABOUT SPECIAL DISTRICTS, VISIT WWW.DISTRICTSMAKETHE DIFFERENCE.ORG

HOW TO ENTER

For the first time, CSDA will be offering three Special District Leadership Academy (SDLA) Conferences throughout the state in 2017. SDLA is a groundbreaking, curriculum-based continuing education program, which recognizes the necessity for the board and general manager to work closely toward a common goal. Content areas covered during the conference include: • Building a Foundation for Good Governance • Fulfilling Your District’s Mission – Charting the Course • Get the Word Out! Best Practices for Communication and Outreach • Defining Board and Staff Roles and Relationships • Show Me the Money! What Do Board Members Need to Know about District Finances? Attendees at an SDLA Conference also meet a portion of the requirements for two Special District Leadership Foundation (SDLF) programs. Completion of the Special District Leadership Academy is a requirement along with 10 hours of continuing education for the Recognition in Special District Governance program. Completion of any of the four modules of the Special District Leadership Academy qualify toward the governance training requirement of the District of Distinction Accreditation. 2017 SDLA Conference locations: • La Jolla: February 26 – March 1 • San Luis Obispo: April 23 – 26 • Napa: July 9 – 12 CSDA urges you to consider making this governance education part of the culture for board members/trustees of your district.

STEP 1 - Visit www.DistrictsMaketheDifference.org for contest rules and to learn more about special districts! STEP 2 - Create a 60 second video that highlights the value of special districts. STEP 3 - Submit your video via a DropBox link to info@districtsmakethedifference.org by Oct. 31, 2016 at 5:00 p.m.

MAKE THE

CSDA has developed a video contest packet for all special districts interested in helping spread the word. This packet includes sample press releases, a contest poster, a set of official rules, an application, and a sheet of resources for interested participants to learn more about special districts. WWW.DISTRICTSMAKETHE DIFFERENCE.ORG/CONTEST

The contest is open to California high school and college students. To participate, students must create a video highlighting a local special district and the difference it has made in their community. The contest begins September 1 and all application packets must be submitted via DropBox to info@ DistrictsMaketheDifference.org by 5:00 p.m. on Monday, October 31. CSDA will select five videos as finalists, which will be featured on the Districts Make the Difference website. Beginning November 1, the contest will be open to the public who will have the opportunity to vote for their favorite video. The top three winners will be announced December 5, 2016. First place will receive $2,000, second $1,000, and third $500. Additional finalists will also receive a $100 gift card. Official contest rules and additional information is available by visiting DistrictsMaketheDifference.org/contest. We invite all special districts to participate by linking their webpage to the contest website and downloading our video contest poster for public display.

Bank of the West offers a CSDA District Purchasing Card1 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.

California Special District – September-October 2016

update

September signaled the end of the California State Legislature’s two-year session and with it came a number of new measures signed into law, with others waiting for the governor’s action.

Assembly Member Katcho Achadjian

One victory for special districts was the passing of CSDA-sponsored legislation in the form of Assembly Bill 2613 by Assembly Member Katcho Achadjian. CSDA championed this measure through the Legislature and Governor Brown signed the measure into law on August 22.

This measure will provide smaller special districts with some financial relief in regard to their annual audit requirements while maintaining proper oversight and accountability. AB 2613 will reduce the overall costs associated with annual audit requirements by authorizing districts with revenues under $150,000 to replace their annual audit with an agreed-upon procedures engagement. Special districts that utilize their county’s financial system for revenues and expenditures will have the additional option of replacing the annual audit with a financial compilation.

Special districts that utilize their county’s financial system for revenues and expenditures will have the additional option of replacing the annual audit with a financial compilation. Both of these new options will reduce the time needed for auditors to perform their work, thereby reducing billable hours and lowering the overall costs of meeting the state’s auditing requirements. The reduced costs on these smaller districts help to ensure their limited funds are directed toward providing intended services. The signed legislation will take effect on January 1, 2017.

Take Action Five Ways to Get Involved Over Recess 1. Attend the CSDA Annual Conference, October 10-13. Network with other special districts and hear directly from the CSDA Advocacy team during Thursday’s “Legislative Impacts on Special Districts” presentation. Register today at csda.net/annual-conference. 2. Connect with District NetWorks Get to know your District NetWorks board members during Annual Conference and stay connected in your communities. Visit csda.net/about-csda/districts-networks for more information and for local opportunities to collaborate. 3. Stay Updated Subscribe to the CSDA Blog to get real-time updates on issues impacting special districts. Sign up today at csda.net/advocacy/blog.

4. Join the Districts Make the Difference Campaign Share with us your photos and stories for our social media platforms, participate in our weekly contests, link our Districts Make the Difference logo, download our campaign materials, and help us promote our video contest. Visit districtsmakethedifference.org to learn more. 5. Engage with your Legislators Take this opportunity to interact with your legislative representatives during the recess. Invite them to your district’s open house, schedule visits with their district staff, or invite them to a tour of your district. After your visits, do not forget to fill out our grassroots mobilization survey available through csda.net/grassroots-mobilization-program.

Your Community. Your Services. Your District! We are happy to announce the launch of our new public outreach campaign, Districts Make the Difference.

This campaign is centered on the concept that special districts go beyond providing important services to their communities. They make a difference in the lives of their residents and help our state thrive. The goal is to bridge the gap between special districts and the essential services that millions of Californians value. The first step is to visit DistrictsMaketheDifference.org. This new website features a simple-to-use toolkit filled with public awareness videos, web banners, posters, factsheets, and other materials that can be easily downloaded.

Follow, like, subscribe, share!

MAKE THE

DistrictsMaketheDifference.org DistrictsMaketheDifference.org

Ask theExperts How should agencies handle officials who do not comply with AB 1234 ethics training requirements. Are there any known repercussions of not participating in the training every two years?

Government Code section 53235 (a) provides that if any member of a legislative body receives any compensation, salary or stipend, or reimbursement of expenses, then all members of that legislative body must receive the required ethics training. Subsection (b) and Section 53235.1 are all-encompassing, requiring all local officials receive that training. That training must be completed within one year of taking office and every two years thereafter. Do you have a question for any of our CSDA experts? If so, send your question to Charlotte Lowe, editor, at charlottel@csda.net.

If that required training is not obtained, there are numerous repercussions available. For an employee required to take the training, penalties can range from counseling to reprimand, suspension, demotion, reduction in pay or even termination (of course, after proper notice and hearing). See Ethics Policy for Southern California Regional Rail Authority, Chapter 2.0. If that official is elected, the remaining board members can publicly censure that person but cannot override the will of the electors by removing that person by a vote of the remaining board members. 10

However, the board member will have taken the Oath of Office (Cal. Constitution Article 20, section 3), which includes a commitment to “well and faithfully discharge the duties upon which I am about to enter.” By failing to fulfill their statutorily required duties, that official would be subject to either recall by the voters or even court action to remove that person from office. Remember, the requirements of the ethics training every two years is the minimum requirement and officials are encouraged to obtain additional training, which can be most effective if obtained from more than one source in order to obtain multiple viewpoints and topics. Brent Collinson is the Senior Partner at Collinson & LaChance, Attorneys at Law, located in Truckee, California. Collinson has represented various special districts since 1979 and the firm practices in the areas of public agency law, estate planning, real property and family law. They may be contacted at 530-587-9233 or info@BCJLLaw.com.

MOVERS & SHAKERS Pleasant Hill Recreation and Park District welcomes Michelle Lacy as general manager. Lacy brings over 26 years of recreation and park experience to the position. Riverside Corona Resource Conservation District is a 2016 California Urban Forestry Award winner. The awards are given to agencies that have done the most that year to advance urban forestry education in California. David Randall joins the San Mateo County Mosquito and Vector Control District as finance director. Montezuma Fire Protection District appoints Ron Glantz as interim active fire chief. Glantz is currently the chief of Suisun Fire Protection District and will be working to assist Montezuma while continuing to perform his duties for Suisun.

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 Charlotte Lowe, editor, at charlottel@csda.net and we will include them in our next issue!

Oxnard Harbor District’s Port of Hueneme received the Certificate of Achievement for Excellence in Financial Reporting. This makes the sixth consecutive year the port has been recognized by the Government Finance Officers Association of the United States and Canada for having an outstanding comprehensive annual financial report. Donor Network West, the organ, eye and tissue procurement organization that heals lives through donation in Northern California and Nevada, announced that Mountain Communities Healthcare District’s Trinity Hospital has been recognized with a 2015 Bronze Award for its invaluable contribution in the field of eye and tissue recovery.

Legal Services Tailored to Unique Needs of Special Districts

Todd Harms has been selected as fire chief for Sacramento Metropolitan Fire District. Harms will succeed Mark Wells, who is retiring. The Government Finance Officers Association of the United States and Canada awarded a Certificate of Achievement for Excellence in Financial Reporting to the Las Virgenes Municipal Water District for its 2014-15 Comprehensive Annual Financial Report and for its Popular Annual Financial Report. Michael Tognolini was selected as the head of the DSRSD-EBMUD Recycled Water Authority, which oversees the San Ramon Valley Recycled Water Program. The program is a collaboration between the Dublin San Ramon Services District (DSRSD) and East Bay Municipal Utility District (EBMUD) to provide recycled water to Dublin, San Ramon, Danville, and Blackhawk.

Construction Crisis Management Eminent Domain Environmental Law Finance First Amendment Labor and Employment Land Use

Public Contracts Special Districts Law Water Law Workplace Investigations

California Special District – September-October 2016

In Brief Recycled Water Used to Keep Veterans Memorial Green When veteran Larry Jones noticed that the landscape of the local veteran memorial was looking dried out and wilted, he came up with a solution for watering the area in an environmentally responsible fashion. Jones turned to Ironhouse Sanitary District’s Residential Recycled Water Fill Station. The station permits residents to pick up the water at no cost for use at their homes and, in this case, a local business in need. “I think it is fantastic to have the recycled water available,” says Randy Smith, a fellow veteran in the area who has been working with Jones. “We’re doing this to keep our community clean and green.” The veterans use the recycled water not only to water the memorial garden, but to clean column memorials, benches, and plaques. These projects are the exact way the district wants the water to be used.

Fire Extinguisher Lessons Offered Sacramento Metropolitan Fire District is offering free training to residents on proper operation of a fire extinguisher. While on the surface, operating an extinguisher may seem basic, during the event of an actual fire, things can actually become complicated. “More than likely if you’re in that situation you’re going to figure it out,” says Fire Captain Michelle Eidam. “But do you want to spend an extra 10 seconds trying to figure out how to pull the pin? And the other part of it is knowing about how far away from the fire to stand… did you know to sweep the nozzle…all the little details that are going to make you that much more effective at putting out the fire.” Eidam continues, “If you have a small fire in your home, it’s going to make all the difference if you know exactly what to do, don’t have to take an extra five or ten seconds to think about what to do because you know.” Money for the trainings come from a Federal Emergency Management Agency grant.

Sources: Capital Public Radio, East Bay Times, Fox40.com, Lodi News-Sentinel, Los Altos Town Crier, Los Banos Enterprise, The Mercury News

Cemetery a Reluctant Hot Spot for Pokemon Go Officals with Los Banos Cemetery District are requesting the developers of the popular Pokemon Go game to remove the district as a site for Pokestops and a Pokemon Gym. The district cites that game participants have been disrespectful to grounds. “It’s gotten to be too much,” says Manager Linda Brown. Players of the game, which is an augmented reality smartphone app in which people try to catch virtual creatures on their phone, come to the cemetery and travel the grounds attempting to capture the Pokemons and earn points. Brown says players have been observed at night crowding small oneway paths on the grounds and even parking over graves on the grass at times. Brown wants to ensure that the cemetery remains a peaceful place of rest for residents to visit their departed loved ones and is concerned the Pokemon Go players may disrupt that.

Pipe Bomb Found at Park A homemade pipe bomb was discovered by a visitor of one of the parks managed by East Bay Regional Park District. The visitor discovered the bomb and alerted authorities. A bomb squad was called out and safely disposed of it. The park was closed during the incident and reopened later in the day. The bomb appeared to be quite old – and could possibly have been in the park for a number of years before being discovered. Authorities don’t believe the bomb is an indication of a fresh threat to harm someone, but the park district is requesting visitors who see anything suspicious report their experience by calling 911 or reporting to the East Bay Regional Park District police.

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 Charlotte Lowe, editor at charlottel@csda.net or (877) 924-2732.

Utility District Delivers Fish Sacramento Municipal Utility District (SMUD) recently delivered 2,000 pounds of fish into three local reservoirs, as part of its hydroelectric network. SMUD powers 18,000 homes through its hydroelectric network, which is a key part of the agency’s clean power initiative. Delivering fish to support local recreation is part of the district’s attempt to address the wishes of water users in the area. In addition, the district also participates in fire prevention efforts, contributes $1 million a year to the U.S. Forest Service to enhance recreational facilities, and it will make improvements on land it opens to the recreational public. Some improvements include adding flushable toilets to campsites, and building bike trails and kayak in and outs.

Fire District Requesting Volunteers

Library Patrons Can Learn a New Language for Free

Mokelumne Hill Fire Protection District has established a new program, the Mokelumne Fire Corps. The Fire Corps is a non-emergency volunteer program that allows the public to donate their time and talents in assisting the district. The program is one of five partner programs under the Citizens Corps, the Federal Emergency Management Agency’s grassroots attempt to bring together all parts of a community in emergency preparedness. The district is looking for volunteers to fill positions including fire department chaplain, information technology coordinator, and a clerical and bookkeeping coordinator to help the fire chief with the district budget. Residents are also encouraged to bring ideas for other volunteer efforts to the district.

Santa Clara County Library District patrons can now access the expensive Rosetta Stone software program at no charge. The digital language learning tool typically costs a few hundred dollars to purchase, but the district used its buying power to make the program available to cardholders for free. The addition is part of the district’s efforts to expand its research and cultural services. Other additions include the ability to stream everything from live classical music performances to coding lessons. “Language learning is so important to our community,” says Allison Lew, who manages the district’s virtual library. “What’s nice about it is that it serves not only persons learning foreign languages, but also people who want to enhance their English skills.”

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California Special District – September-October 2016

Keeping the board in compliance Interview with Eileen O’Hare, Liebert Cassidy Whitmore Elected officials are subject to a number of laws designed to promote ethical, transparent decision-making to ensure the protection of the good of the public. Sometimes, particularly for newly elected board members, the laws can seem numerous and varied. What laws do board members need to be most informed on? Why are those laws important? What are the consequences of non-compliance? California Special District asked Liebert Cassidy Whitmore attorney Eileen O’Hare Anderson to explain what board members need to know most to stay in compliance with California law and out of trouble and controversy. As an overview, what are the key laws on which special district staff should ensure their elected officials are educated? There is a large number of laws that apply to public officers. Conflict of interest issues are among the most important, but there are many others. Public officers must know and comply with the Brown Act, Public Records Act, laws relating to due process, bidding requirements, political activity, and more.

In your experience, what are the laws elected officials struggle to uphold the most? Conflicts of interest questions are always a challenge. A public official should be personally disinterested in matters for which he or she is officially responsible. This has been the law in California for over 75 years. Assembly Member Rich Gordon Eileen O’Hare

There are two major statutory schemes, along with recognized common law principles, that define and regulate conflicts of interests of government officials and employees.

Board and council members should ask themselves on a daily basis whether they are doing to others as they would want done to them; whether they would encourage employees to act in the manner they are choosing to act...

• Government Code section 1090, et seq., is concerned with decisions of officials specifically relating to the making of contracts. Government Code section 1090, et seq., prohibits an official from making or participating in the making of a contract in which he or she has a financial interest. • Government Code section 87100, et seq., enacted as the Political Reform Act of 1974, prohibits an official from making or participating in official decisions where the public official knows or has reason to know he or she has a financial interest in the decision. If a public official or employee has a conflict of interest under Section 1090, he or she likely also has a conflict under Section 87100.

the official’s duty to the public. Numerous cases and California Attorney General Opinions hold that the conflict of interest statutes and common law come from the truism that a person cannot serve two masters simultaneously and that the duties of public office demand the absolute loyalty and allegiance of the individual who holds the office. Public officials must avoid even the appearance of a conflict of interest.

Why is it important to educate elected officials on these laws? What are the stakes of them not being fully aware of these requirements? The rules regarding Section 1090 are harsh. A public agency cannot avoid a conflict even if the official with a conflict abstains. One officer’s financial interest in a contract prevents the entire legislative body from entering into a contract. A contract reached in violation of Section 1090 is void, and as such is not enforceable. Finally, a public official who violates the statute, even if he or she relied on a lawyer’s advice, is subject to criminal and civil liability.

Continued on page 16

The statutes apply to a broad array of government officials and employees. Section 1090 applies to “[m]embers of the Legislature, state, county, district, judicial district, and city officers or employees.” Section 87100 applies to “every member, officer, employee or consultant of a state or local agency.” Even before the enactment of these statutory schemes, California courts had developed a common law of conflict of interest. Common law principles, which developed before the conflict statutes, still apply. These common law principles require public officers to avoid placing themselves in a position in which personal interest may come into conflict with

“Public service is a stimulating, proud and lively enterprise. It is not just a way of life, it is a way to live fully.”

- Lee H. Hamilton

At LCW we are not solely lawyers. We are your trusted partners, helping you avoid legal problems and navigate issues. Special Districts serve others, and we are honored to serve them in all areas, including:

Employment Law, Labor Relations, Litigation, Retirement, Wage & Hour, Business, Construction, and Preventive Training.

To learn how we can help your district visit: www.lcwlegal.com

California Special District – September-October 2016

Interview with Eileen O’Hare [continued] Criminal liability could include prison. Civil damages could include having to repay funds received through the transaction. This is true even if the transaction is more favorable to the entity than it might otherwise have been able to negotiate.

Ethics is huge in elected office. What are the ethical requirements/standards you have found elected officials for special districts struggle with the most? Most public officials are diligent when they see the conflict, but sometimes do not see the conflict. I am not sure that elected officials know where to go to get solid ethics advice.

What advice do you have for those officials, and for assisting staff, to meet the challenges faced by those mandates? Public officers and employees should attend seminars and presentations on ethics issues and compliance, including all the topics mentioned above. If in doubt, obtain advice from your agency’s lawyer, or from the Fair Political Practices Commission(FPPC). The FPPC staff can provide technical assistance.

How do you recommend districts best protect their board members while in office? Is there a particular strategy you recommend? We work with special districts to provide ongoing training and advice as needed. Making sure officers are aware of their responsibilities and of the entity’s conflict of interest code is critical.

Is there advice you would like to give to elected officials regarding conduct while in office that, while not be mandated by law, are best practices? The last few years have seen increased scrutiny by both the media and the public on all aspects of government. It is now more important than ever for board and council members to be aware of the high responsibilities and expectations that accompany public service. Board and council members are required to act in the best interests of the public. They are responsible for the protection and management of public assets and resources, and must at all times conduct themselves and their business dealings in accordance with ethical standards, regulatory requirements, and the public trust.

Board and council members must keep basic values and ethics in mind when conducting their business, including being honest and truthful with fellow board or council members, employees, and the public by keeping promises they make and by not placing personal interests above public service. Board and council members should treat everyone with respect, dignity, compassion, and act professionally at all times. They must focus on issues, not individuals, and be willing to listen to other perspectives. Board and council members must act responsibly by ensuring efficient use of agency resources, maintaining confidentiality where necessary, enforcing the rules, and being accountable for their actions. Board and council members must be fair, while applying rules equally and without bias, and while understanding the concept of due process. The board or council should make decisions based on merit, not board or council member opinions or personal interests, and board or council members should provide the same level of service and access to all members of the public. While difficult at times, board and council members must choose the right or ethical thing to do. Board and council members must be aware of public perception. Transparency is paramount. Board and council members should ask themselves on a daily basis whether they are doing to others as they would want done to them; whether they would encourage employees to act in the manner they are choosing to act; whether board and council members are comfortable with their families knowing of their actions; and whether they are comfortable seeing their actions on the news or the internet. Keeping the foregoing basic values and ethical standards in mind will help board and council members fulfill their roles in a professional and efficient manner. Eileen O’Hare-Anderson, Partner in Fresno office of Liebert Cassidy Whitmore, has over 20 years of experience in labor, employment, and education law. She has an extensive background in the successful resolution of many employment, education-related, business, and facilities issues. Eileen can be reached at eanderson@lcwlegal.com.

Nail down your districtâ&#x20AC;&#x2122;s financing needs in 2016! www.csdafinance.net

California Special District â&#x20AC;&#x201C; September-October 2016

A proud California Special Districts Alliance partner.

Special District Leadership Foundation

Leadership Programs that Promote and Recognize Excellence in District Governance & Management 1112 I Street, Suite 200, Sacramento, CA 95814 â&#x20AC;˘ t: 916.231.2939 â&#x20AC;˘ www.sdlf.org

BUSINESS AFFILIATE special acknowledgements

Accela Cloud-Based Technology www.accela.com

Kaiser Permanente Health Coverages www.thrive.kp.org

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

Meyers Nave Legal www.meyersnave.com

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

Pacific Gas & Electric Company Energy Solutions www.pge.com

California CAD Solutions, Inc. GIS Implementations www.calcad.com

PARS Retirement Benefits www.pars.org

CPS HR Consulting Consulting, HR, Recruiting, Training www.cpshr.us

Regional Government Services Authority Staffing Services www.rgs.ca.gov

CSDA Finance Corporation Tax-exempt financing www.csdafinance.net

Special District Risk Management Authority Risk Management Coverages www.sdrma.org

Five Star Bank Banking www.fivestarbank.com

SunPower Solar Energy Solutions www.sunpowercorp.com

Hanson Bridgett LLP Legal www.hansonbridgett.com

Streamline Website Design www.getstreamline.com

Liebert Cassidy Whitmore Legal www.lcwlegal.com

Tyler Technologies Software Technology Services www.tylertech.com

Thank you to our diamond, Platinum and gold level business affiliates for their generous support.

Malaga County Water District Using “DATA as a Service” to Validate Infrastructure

highlight

Earlier this year, Malaga County Water District started a GPS asset collection project to get a clearer understanding of the district’s infrastructure. The district worked with California CAD Solutions, Inc. on the project and collected GPS locations for the district’s sewer manholes, water hydrants, valves, and meters. The data generated from the GPS collection, along with parcel and street data, were used to create a GIS website for the district. In July 2016, the district started their subscription for “DATA as a Service.” Offered by CSDA’s Endorsed Affiliate, California CAD Solutions, “DATA as a Service” is a cost-effective solution for agencies that don’t have or can’t afford dedicated GIS staff. “DATA as a Service” is a monthly subscription allowing special districts to leverage important data to meet the needs of the district without the expense of special software or employees. CSDA members receive one month free with their initial 12-month term. Contact California CAD Solutions at 800.617.4447 for more information.

California Special District – September-October 2016

Mosquito Control and Vector-Borne Disease in California:

The Interjurisdictional Relationship of Water Management

By Jared Dever, MPA, Director of Communications, Orange County Mosquito and Vector Control District

f California special districts collectively step back from our focus on individual district missions and objectives, we find a common element that challenges us all in different and often unique ways: water. From cemetery to flood districts, water management, mitigation, capture, or transference is part of our daily routine. Water can be thought of as the connective binding agent that links most, if not all, districts together. So it behooves us to understand how the decisions we make individually impact special districts collectively during our pursuit to provide the highest level of service to our constituents. In the world of mosquito control, proper water management practices are also the key to healthy communities, free of a disease burden brought about by mosquitoâ&#x20AC;&#x201C;borne illnesses.

To illustrate this, letâ&#x20AC;&#x2122;s start with a quick Mosquito 101 lesson. Mosquitoes are the deadliest animals on the planet. They are responsible for more human morbidity and mortality than all other species of animal combined. All mosquitoes need stagnant water to complete their lifecycle, but water quality is largely irrelevant since there is a mosquito species evolutionarily tailored for nearly every water type. Mosquitoes can develop from egg to adult in minuscule volumes of water, and as quickly as five days given optimal environmental conditions. In pursuit of blood meals and stagnant water sources to lay their eggs, female mosquitoes can easily navigate through tiny openings in underground utility vault lids, underground sump basins, manholes, and window and door screens. In recent years, mosquito abatement and vector control districts in California have been faced with unprecedented threats and challenges. These include the introduction and proliferation of invasive mosquito species capable of transmitting Zika virus, Dengue fever, Chikungunya, and Yellow fever; compounding effects of sustained drought, resulting in record West Nile virus infection rates, duplicative regulatory burdens, decreasing chemical and biological mosquito control options, and increased public and political scrutiny. These challenges have dramatically

California Special District â&#x20AC;&#x201C; September-October 2016

impacted most mosquito and vector control districtsâ&#x20AC;&#x2122; modest budgets and future financial stability. Compounding these issues in many areas of the state are critical infrastructure assets that have reached, or are over, their designated service life, are poorly maintained, or are engineered and installed without appropriate consideration for mosquito Underground storm drain systems are one of production potential. These assets the most cryptic and challenging mosquito include CDS units, sumps, BMPs, and production site types a host of other stormwater structures and rain capture devices. As these assets degrade, mosquito production sites can be formed in areas that are difficult or impossible to access with conventional mosquito control methods. Simply put, without the help and support of all special districts in California, mosquito abatement and vector control districts will not be able to provide the same level of public health protection in the coming years. Fear not, we have a plan. Consult. Design. Build. Maintain. The most effective, sustainable, and environmentally conscious method of mosquito control is not found at the tip of a spray nozzle or even the Continued on page 22

The Interjurisdictional Relationship of Water Management [continued]

Simply put, without the help and support of all special districts in California, mosquito abatement and vector control districts will not be able to provide the same level of public health protection in the coming years.

voracious jaws of a mosquito fish. It is found in the conceptual designs and engineering schematics of all types of infrastructure, whether new installation or rehabilitation of existing district assets. Consultation with your local mosquito abatement or vector control district during the initial stages of a project can help reduce or eliminate decades of costly mosquito control activities and the public health risk to your constituents. During the consultation, mosquito control professionals can provide guidance on grade, elevation, plant selection (if applicable), accessibility, residence time for captured water, and even building material selections that will help preclude mosquito production. Donâ&#x20AC;&#x2122;t wait until the project has been formalized and submitted for plan check and review since making changes at that point in the process is costly and can significantly delay project completion. Even small projects that donâ&#x20AC;&#x2122;t require formal plans to be drafted can benefit from mosquito and vector control district consultation. For example, your district plans to renovate the landscaping at a community center and would like to include several low impact development elements including rain capture devices, reclaimed water features, and a bio swale. We can recommend the preferred anti-mosquito rain barrel features, grade and permeability of the bio swale substrate, and maintenance schedules for each. It is not uncommon for special district construction, asset replacement, or renovation projects to take extended periods of time to complete due to the level of design complexity and regulatory compliance standards. Throughout the build or installation process, water management is of concern to mosquito abatement and

vector control districts. Access to construction sites is often limited by safety and security protocols, while significant mosquito production sources are created above and below ground behind the construction site fence line. Mosquito abatement and vector control district technicians and surveillance staff need routine and unrestricted access to all areas where water is allowed to collect for more than a few days. Even the most intelligently designed and skillfully implemented projects are subject to real world conditions such as natural subsidence, settling, erosion, vandalism, groundwater fluctuations, vegetation overgrowth, and clogging of pipes, basins and filters. For these and many other maintenance issues that develop overtime, formally drafted and implemented maintenance plans are paramount to the prevention of mosquito production. Storm water retention and urban water mitigation ponds are historically plagued by a number of maintenance and design related issues. While most of these features meet or exceed state standards for periodic rain event capture when they are built, a constant onslaught of residential, commercial, agricultural, and industrial runoff to these systems is the reality. The runoff quickly overwhelms these features with soils, green waste, trash and other pollutants that clog drains and filters; leading to water stagnation beyond the recommended 72-hour period. Invasive or unintended species of plants inevitably invade and overwhelm the plant species selected for proper pollutant uptake and removal. Once overgrown, chemical and biological mosquito control products become far less effective at reaching their target. In addition, access to the impounded water for larval mosquito inspection by district technicians is hindered. In the absence of routine and thorough maintenance, 22

it is only a matter of time before these water quality and flood management devices become significant mosquito production sites, and increase the abundance of disease incidence in surrounding communities. Underground storm drain systems are one of the most cryptic and challenging mosquito production site types faced by mosquito abatement and vector control districts in urbanized areas. Underground storm drain systems are often damaged by earthquakes, soil subsidence and erosion, root intrusion, construction activities, and clogged by debris. A damaged or unmaintained underground storm drain creates the ideal habitat for immature mosquito development and refuse for adult mosquitoes. These systems maintain a consistent temperature during the winter and summer months, have very few natural mosquito predators, and provide abundant nutrient-rich water for immature mosquitoes to rapidly complete their life cycle. To make matters worse, the most abundant species of mosquito found in these systems is also the most prolific and competent vector of West Nile virus. Even underground storm drains that are not damaged or clogged with debris may still be problematic for mosquito control efforts. Older building material choices, such as corrugated pipes, retain sufficient quantities of water to produce mosquitoes every three to four inches for the length of the system. An example of the effort undertaken to control these systems can be found at the Orange County Mosquito and Vector Control District (OCMVCD). OCMVCD makes applications of larval mosquito control products to over 69,000 storm drain manhole access points, a treatment area of over 500 linear miles in the course of the spring and summer months.

Gutters and street drains are more conspicuous sources of mosquito production, but suffer from the same maladies of age that underground storm drains are subject to. The OCMVCD uses right-hand drive vehicles to apply larvicides to over 700 miles of damaged or improperly designed gutter segments in Orange County. Both underground and above ground mosquito control treatments are labor intensive and have high personnel, material, and equipment costs. But more importantly, these chemical mosquito control applications must be made until the damaged systems are routinely maintained, repaired, or replaced. The number of treatments, and subsequently the amount of public health pesticides entering our urban water conveyance systems, could be reduced dramatically if proper maintenance is conducted.

Not all mosquito production sites are so obvious. Cemetery urns are periodically filled by turf irrigation water and must be dumped or inverted at regular intervals to prevent mosquito production in hundreds or thousands of micro-production sites. Utility vaults can hold irrigation or other residential runoff, but these assets present a much larger and more dangerous challenge for effective mosquito control. The utility vaults are (for good reason) difficult to access and may contain high voltage lines and sensitive equipment, and therefore go untreated by most mosquito abatement and vector control districts. Routine pumping of stagnant water from these vaults is the most effective mosquito control option. As we progress deeper into an era of growing public mistrust and cynicism of politics, government agencies, and a general lack of faith in public service provision, special districts should stand above the rest as the most efficient and effective form of direct taxation and representation in California. The purpose of this article is to provide a deeper understanding of some of the challenges faced by mosquito abatement and vector control districts, and serve to motivate all special districts to work collaboratively to find long-term solutions to

mosquito production issues. If water is accepted as a common constant that connects all special districts in California, then we should endeavor to work together to correct critical infrastructure and plan smarter and healthier communities through design and maintenance. The California Mosquito and Vector Control Association maintains a list of member agencies and a repository of mosquito control publications. References: http://ipm.ucanr.edu/PMG/ PESTNOTES/mosquitostormwater5.html Special thanks to Marco Metzger, Ph.D. for his significant contribution to the statewide integrated pest management program guide for managing mosquitoes in stormwater treatment devices.

The Best Legal Resource for Your District BBKnowledge brought to you by Best Best & Krieger Sharing our knowledge of emerging issues in public agency law

Visit www.bbknowledge.com By BEST BEST& KRIEGER LLP

California Special District â&#x20AC;&#x201C; September-October 2016

[Community Connections]

Citizens academy showcases importance of district in community By Christina Gee, Senior Administrative Technician, Central Contra Costa Sanitary District

is not an easy feat to get the general public excited about their local government - even less so, their sewer service provider. But Central Contra Costa Sanitary District (Central San), a wastewater resource recovery agency in the East San Francisco Bay Area, took on that challenge by bringing to light all the work it does to benefit the people it serves. Through the Central San Citizens Academy, members of the public became ambassadors for the district.

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 Charlotte Lowe, editor at charlottel@csda.net or (877) 924-2732.

The road to Central San Academy began in the summer of 2015, when Central San’s general manager, Roger S. Bailey, appointed a member of his staff to be the program coordinator. In the fall, Central San’s Board of Directors approved the program as a pilot project. Just four months later, on April 5, 2016, Central San opened its doors and welcomed 23 engaged and inquisitive members of the public for the first class. While it was a first for Central San, citizens academies have emerged as a new trend among public agencies, showing that even with the advent of social media as a communication tool, it is still important to perform proactive public outreach face-to-face. Central San Academy was developed as a six-week program, with evening classes held once a week (except for one daytime facilities tour). Each class was taught by staff from all levels of the organization, and the curriculum was organized

“Central San’s Citizens Academy is the perfect opportunity to engage customers in an indepth and interactive learning process that creates knowledgeable ambassadors for our district’s important mission.

California Special District – September-October 2016

best advocates. Armed with newfound knowledge and passion, they understand why the agency does what it does, and most importantly, they are excited to share that information with their friends and family.

to highlight a different department or division every week. This provided a comprehensive look at what Central San does, while allowing the participants to interact with a variety of representatives. After each class, participants were asked to rate the quality of the material, indicate the most interesting concepts they learned, and provide suggestions on how to improve business practices or future classes. The information helped Central San to provide better customer service. Graduates from programs like these are a special district’s

According to General Manager Baily, “Central San’s Citizens Academy is the perfect opportunity to engage customers in an in-depth and interactive learning process that creates knowledgeable ambassadors for our district’s important mission. At the same time, we as a district benefit by gaining a clearer understanding of our customers’ needs, interests, values, and expectations for the services we provide.” All in all, a citizens academy is a win-win for both the organization and the community it serves, better bridging the gap between special districts and its citizens, and making both groups more informed and better connected. Continued on page 42

[Solutions & Innovations]

SLO energy watch partnership - CSD energy management program By The County of San Luis Obispo Planning and Building Departmentâ&#x20AC;&#x2122;s Energy Section

Over the past year and a half, SLO Energy Watch conducted energy baseline and benchmark analyses for each CSD and special district participating in the program. These efforts yielded a report for each district, which detailed energy use at the meter level for electricity from Pacific Gas &Electric (PG&E) and natural gas from Southern California Gas Company (SoCalGas) for buildings and waste water and fresh water infrastructure.

In 2014, the County of San Luis Obispo Energy Watch Partnership (SLO Energy Watch) launched the Community Service District Energy Management Program (CSD Energy Management Program), which focuses on the energy efficiency needs of CSDs and special districts. The program is designed to assist CSDs and Special Districts in saving energy and money, provide an extension to staff where needed, and navigate the complicated pathways associated with utility incentives and financing processes. More specifically, the energy management program was developed to assist CSDs and special districts who, in the past, have not had a clear and comprehensive understanding of their total energy use, demand, and cost; and potential cost-effective energy efficiency measures for their buildings and supporting infrastructure. The goals of the program are simple: 1) Reduce energy use and cost; 2) finance and implement projects; 3) improve operations; and 4) track building performance. As described by the image above, the programâ&#x20AC;&#x2122;s design and strategy for engaging interested customers includes six simple key phases and milestones: 1) Inventory Energy Use; 2) Set Goals and Targets; 3) Perform On-Site Assessments; 4) Select and Finance Projects; 5) Implement Projects; and 6) Monitor and Measure Energy Use.

The energy baselining/benchmarking effort afforded an opportunity for the districts to take advantage of supplemental services offered by SLO Energy Watch, including rate analyses and changes for PG&E electricity accounts. The analyses compare the rates each meter is currently utilizing against other rates available, for like uses. This comparison is based on demand (kW) and usage (kWh) over the last 12 months. If the analyses uncovered a rate that could be changed for savings, it was recommended to the districts to authorize the change, so long as operations would remain consistent for the facility and meter. To date, the rate changes for participating special districts have provided an estimated total annual savings of just over $47,000. Additionally, many of the districts took advantage of a service descriptor update for their electricity meter information. This effort provided an opportunity to organize and update the names of each meter in order to better organize their information and allow district, utility, and Energy Watch staff to share common naming conventions when working together. As part of the comprehensive energy management program, SLO Energy Watch provided on-site energy assessments to interested special districts in the county. These assessment services were made possible through a customized engagement with PG&E to deliver their Large Integrated Audit (LIA) program. LIA is a free, comprehensive energy assessment service normally limited to very large industrial or commercial customers. The goal of LIA was to provide an Energy Action Plan to each participating district to identify and prioritize potential energy conservation, energy efficiency, load

management, demand response, and selfgeneration opportunities to save energy, reduce costs, and improve operations. Below, is the aggregated potential impact of the CSD LIA initiative: • Up to $8.7 Million in projects • $1 Million total annual energy savings • $287,000 energy efficiency savings • $154,000 in incentives • 1,115 kW and 4.6 million kWh total annual savings • 221 kW and 1.7 million kWh energy efficiency savings • 1,325 MTCO2e total annual savings • 490 MTCO2e energy efficiency savings

California Special District – September-October 2016

Several districts have engaged SLO Energy Watch staff to move forward with measures presented in the LIA. These measures range from building lighting to freshwater pumping upgrades and waste water aerator retrofits. SLO Energy Watch staff is available to present to special district boards - or standing committees - regarding energy use and costs, energy efficiency opportunities, and the SLO Energy Watch program and its services. SLO Energy Watch has significant financial resources available to provide districts with on-call engineering and technical support related to energy

efficiency projects - now and in the future - regardless of whether or not they were recommended in the LIA report. SLO Energy Watch staff can provide special district staff with project related planning, costing, and developing Capital Improvement Project budgets, descriptions, and justifications. Whether a district’s project needs are immediate or long-term, SLO Energy Watch is available to help. Please remember “call before you install” so you don’t lose out on any potential funding streams or rebate and incentive dollars to help reduce the cost of retrofits and new equipment.

Legal Brief Is Your Roster of Public Agencies Statement of Facts Up to Date? By Kevin R. Dale and Andrew A. Aller

A public agency is required to file this information within 70 days after the date of commencement of its legal existence. In addition, the public agency must file an amended statement within 10 days after any change in the “facts.” Although many agencies are familiar with the initial requirement, continued compliance is necessary whenever there is a change in the information submitted.

Among the many legal requirements that a special district entity must adhere to, compliance with Government Code Section 53051 requires continued diligence. Inattention could prove costly. So, what does Government Code Section 53051 require and why are you paying attention? In terms you might already be familiar with, Section 53051 sets forth requirements related to the public agency “Statement of Facts” for the Secretary of State’s “Roster of Public Agencies.” If you are not familiar with these terms, it is time to get acquainted. California Government Code Section 53051 mandates that the Secretary of State and the county clerk of each county establish and maintain an indexed “Roster of Public Agencies.” This roster includes, among other things, the full legal name and official mailing address of the public agency, the names and business address of each member of the governing body, and the name and title of the chairman, president, or other presiding officer, and clerk or secretary of the governing body. Likewise, Section 53051 requires each public agency to file with the Secretary of State and the local county clerk a “Statement of Facts” providing all this information. The information must be submitted to the Secretary of State on a prescribed form designated as the Statement of Facts.

Amending the “facts” and making certain that your Roster of Public Agencies Statement of Facts is up to date may appear as a simple clerical task that can be placed on the back burner. However, allowing your agency’s Statement of Facts to contain inaccurate information could result in unanticipated costs. Indeed, should an agency neglect to file its initial Statement of Facts or fail to update a change in facts, or has on file a statement that is “so inaccurate or incomplete that it does not substantially conform to the requirement of Section 53051,” the agency may not rely on the protection of the Government Claims Act. This protection should not be squandered, but it can be if your agency ignores this mandate. In fact, failure of a plaintiff to present a claim to the agency is not a defense to a lawsuit when the agency has not complied with this requirement (Government Code §946.4.). Additionally, when an agency’s statement is not on file or is inaccurate, litigants are permitted to effect service of process (i.e. serve a lawsuit) on the agency by mail or through the Secretary of

A public agency is required to file this information within 70 days after the date of commencement of its legal existence.

State’s office, either of which will be deemed “personal service,” (Government Code §960.2.). The Government Claims Act may provide an opportunity for districts to get out of lawsuits at a relatively early point in the litigation and before spending significant money on attorney’s fees. The Secretary of State’s form (NPSF-405) was revised in 2015 as an interactive PDF document and is available on the Secretary of State’s website under “Special Filings, Forms and Fees.” County clerks are not required to provide a specific form for public agencies to use for this purpose. Whenever a change occurs to the name or address of a public agency or any member of its governing body, a revised Statement of Facts should be filed within 10 days. If an agency submits this

information electronically, a copy of the submission should be retained as a business record to prove compliance, in the event the Secretary of State’s office or the county clerk fails to properly update the Roster of Public Agencies. Similarly, if an agency submits the Statement of Facts by mail, proof of mailing and receipt should be retained. All agencies should ensure compliance with this requirement and thus maintain the protection of the claims presentation statutes and the need for personal service in the event of a lawsuit. Kevin Dale and Andrew Aller are both attorneys in the Fresno office of Atkinson, Andelson, Loya, Ruud & Romo. Their clients include water districts, fire protection districts, recreation districts, and community services districts.

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Join us in the Prevailing Wage Workshop- October 11th www.ccmilcp.com  650-522-4403  info@ccmilcp.com  CSDA Member

California Special District – September-October 2016

anaging Risk

Cyber Security A disturbing element of the malware is its ability to take over the user’s webcam. Portable laptops can be a particular concern as they are often used in private places like hotel rooms or bedrooms. The images gathered, including images of employees changing their clothes or engaging in private activities, can be used for extortion purposes. A camera can also discover organizational data.

intelligence security firm recently reported on a new malware attack aimed at gathering personal information and blackmailing the user to divulge sensitive corporate information. The report states that cybercriminals are using popular adult and gaming websites to deliver this malware. Its goal is to gather family and workplace information about the user and use it to extort employer data or manipulate the victim into conducting operations that are harmful to the employer. The malware incorporates a plug-in that allows the criminal to operate the webcam without the user’s knowledge to obtain sensitive or compromising videos that can strengthen the extortion scheme. According to Liam Tung, “The webcam malware could blackmail you into leaking company secrets,” (zdnet.com [Jul. 18, 2016]). Last year the FBI reported a 53 percent increase in economic espionage, costing U.S. businesses billions of dollars. The insider threat is particularly attractive to cybercriminals because the victims typically have ready access to a wealth of information. IBM’s 2015 cybersecurity report found that malicious insiders were responsible for more than 30 percent of data breaches.

A proud California Special Districts Alliance partner.

Some malware attacks may produce error messages when the webcam function is triggered, and many users will see an LED light when the camera is functioning. However, some hackers have been able to disable this light, so the attack goes completely unnoticed. A good anti-virus software and/or firewall can prevent outside intruders from breaking into your system, but they certainly are not infallible. The most effective way to protect yourself is by unplugging the camera from the USB port, or for embedded cameras, covering the lens with a piece of tape, a sticky note, or a penny. A security software developer recently reported an encouraging finding in its analysis of malware in the U.S. After studying millions of infected personal computers, they found the rate of malware infection decreased 47.3 percent in the first half of 2016 when compared to the first half of 2015. This is the lowest rate of infection since April of 2013. Researchers credit the rate drop to better antivirus software, more secure web browsers with regular security updates, and increased user awareness of common behaviors that result in infection. Also noted is the growing tendency to use mobile devices for internet tasks, leading to less time spent on a PC. Recent arrests of notorious Russian hackers could have some influence on the drop in malware, although inevitably there seems to be another criminal group ready to take the place of each one that is dismantled.

Officers

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

David Aranda, President, Mountain Meadows Community Services District Jean Bracy, Vice President, Mojave Desert Air Quality Management District Ed Gray, Secretary, Chino Valley Independent Fire District

Members of the Board

Muril Clift Sandy Raffleson, Herlong Public Utility District Mike Scheafer, Costa Mesa Sanitary District Robert Swan, Groveland Community Services District

The experts are quick to temper the good news by reminding us that the overall number of malware infections remains at an all-time high. They also point out that users should stay vigilant of ransomware attacks. Reports show ransomware numbers are growing quickly, up 119 percent from 2015. (Andy Patrizio “Malware infections drop in first half of 2016,” www.networkworld.com [Jul 13, 2016].) Web browser developers are becoming more efficient in locating vulnerabilities and releasing updates to patch the holes in their browsers. For that reason, updating your browser and other software must be an on-going process. Once a vulnerability is detected and a patch is released, cybercriminals will move to exploit another weakness. Effective data security is an ongoing endeavor and requires persistence. Employers must continually train their employees on safe usage behaviors, including regular software updates. In addition, make sure your system security policies include prevention measures as well as response procedures in the event a computer is infected. ©2005-2016 The McCalmon Group, Inc.

Consultants

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

SDRMA Staff

Gregory S. Hall, ARM, Chief Executive Officer C. Paul Frydendal, CPA, Chief Operating Officer Dennis Timoney, ARM, Chief Risk Officer Ellen Doughty, ARM, Chief Member Services Officer Heather Thomson, CPA, Chief Financial Officer Debbie Yokota, AIC, Claims Manager Wendy Tucker, Member Services Manager Susan Swanson, CPA, Finance Manager Danny Pena, Senior Claims Examiner Alana Batzianis, Senior HR/Health Benefits Specialist Heidi Singer, Claims Examiner Michelle Halverson, Accountant Rajnish Raj, Accounting Technician Rachel Saldana, Administrative Assistant

car chase, Durnin’s vehicle crossed a double yellow line and crashed head-on into another vehicle driven by Mike Morgan. Morgan subsequently died from the injuries he sustained in the crash, while Durnin was convicted of second degree murder, among other things.

Police Immunity from Civil Liability Resulting from Vehicular Chases Rosemary Morgan, et al. v. Beaumont Police Department, et al. Court of Appeal, Fourth Appellate District (April 4, 2016) Police departments have historically enjoyed statutory immunity under the vehicle code from any civil lawsuits resulting from injuries sustained during vehicular chases. This case concerns the burden the police department must carry to continue to enjoy the statutory immunity under the vehicle code for damage inflicted during vehicular pursuits. Just before noon on March 17, 2011, Officer Brian Stehli was monitoring traffic on a city street when he saw a silver pick-up truck drive by with a large crack in its front windshield and a broken tail light. Stehli pulled behind the pickup. After calling-in the pickup’s license plate number to dispatch, Stehli activated the lights and used the air horn once on his police cruiser as he followed behind the pickup. Instead of stopping, however, the driver of the pickup, later identified as Thomas Durnin, accelerated. This led to a high speed car chase in which both Durnin and Stehli reached speeds of up to 90 miles per hour. After a 12 minute

California Special District – September-October 2016

The widow and daughter of Morgan filed a complaint, which contained an allegation of wrongful death against the City of Beaumont and the Beaumont Police Department (BPD) (collectively Defendants). Defendants filed a motion for summary judgment (MSJ) pursuant to Vehicle Code section 17004.7, which immunizes public entities from liability for injuries resulting from police pursuits of suspected criminals. Defendants stated that they had a “policy and procedure” in place according to the statute regarding vehicle pursuits of suspects. The trial court granted defendants’ MSJ after finding defendants had a policy and procedure in place and therefore the immunity under section 17004.7 applied. §17004. A public employee is not liable for civil damages on account of personal injury to or death of any person or damage to property resulting from the operation, in the line of duty, of an authorized emergency vehicle while responding to an emergency call or when in the immediate pursuit of an actual or suspected violator of the law, or when responding to but not upon returning from a fire alarm or other emergency call. §17004.7. (a) The immunity provided by this section is in addition to any other immunity provided by law. The adoption of a vehicle pursuit policy by a public agency pursuant to this section is discretionary. Continued on page 32

Managing Risk [continued] (b) (1) A public agency employing peace officers that adopts and promulgates a written policy on, and provides regular and periodic training on an annual basis for, vehicular pursuits complying with subdivisions (c) and (d) is immune from liability for civil damages for personal injury to or death of any person or damage to property resulting from the collision of a vehicle being operated by an actual or suspected violator of the law who is being, has been, or believes he or she is being or has been, pursued in a motor vehicle by a peace officer employed by the public entity. (2) Promulgation of the written policy under paragraph (1) shall include, but is not limited to, a requirement that all peace officers of the public agency certify in writing that they have received, read, and understand the policy. The failure of an individual officer to sign a certification shall not be used to impose liability on an individual officer or a public entity. (c) A policy for the safe conduct of motor vehicle pursuits by peace officers shall meet all of the following minimum standards: (1) Determine under what circumstances to initiate a pursuit. The policy shall define a â&#x20AC;&#x153;pursuit,â&#x20AC;? articulate the reasons for which a pursuit is authorized, and identify the issues that should be considered in reaching the decision to pursue. It should also address the importance of protecting the public and balancing the known or reasonably suspected offense, and the apparent need for immediate capture against the risks to peace officers, innocent motorists, and others to protect the public. (2) Determine the total number of law enforcement vehicles authorized to participate in a pursuit. Establish the authorized number of law enforcement units and supervisors who may be involved in a pursuit, describe the responsibility of each authorized unit and the role of each peace officer and supervisor, and specify if and when additional units are authorized. (3) Determine the communication procedures to be followed during a pursuit. Specify pursuit coordination and control procedures and determine assignment of communications responsibility by unit and organizational entity.

(4) Determine the role of the supervisor in managing and controlling a pursuit. Supervisory responsibility shall include management and control of a pursuit, assessment of risk factors associated with a pursuit, and when to terminate a pursuit. (5) Determine driving tactics and the circumstances under which the tactics may be appropriate. (6) Determine authorized pursuit intervention tactics. Pursuit intervention tactics include, but are not limited to, blocking, ramming, boxing, and roadblock procedures. The policy shall specify under what circumstances and conditions each approved tactic is authorized to be used. (7) Determine the factors to be considered by a peace officer and supervisor in determining speeds throughout a pursuit. Evaluation shall take into consideration public safety, peace officer safety, and safety of the occupants in a fleeing vehicle. (8) Determine the role of air support, where available. Air support shall include coordinating the activities of resources on the ground, reporting on the progress of a pursuit, and providing peace officers and supervisors with information to evaluate whether or not to continue the pursuit. (9) Determine when to terminate or discontinue a pursuit. Factors to be considered include, but are not limited to, all of the following: (A) Ongoing evaluation of risk to the public or pursuing peace officer. (B) The protection of the public, given the known or reasonably suspected offense and apparent need for immediate capture against the risks to the public and peace officers. (C) Vehicular or pedestrian traffic safety and volume. (D) Weather conditions. (E) Traffic conditions. (F) Speeds. (G) Availability of air support. (H) Procedures when an offender is identified and may be apprehended at a later time or when the location of the pursuit vehicle is no longer known. (10) Determine procedures for apprehending an offender following a pursuit. Safety of the public and peace officers during the law enforcement effort to capture an offender shall be an important factor.

(11) Determine effective coordination, management, and control of interjurisdictional pursuits. The policy shall include, but shall not be limited to, all of the following: (A) Supervisory control and management of a pursuit that enters another jurisdiction. (B) Communications and notifications among the agencies involved. (C) Involvement in another jurisdiction’s pursuit. (D) Roles and responsibilities of units and coordination, management, and control at the termination of an interjurisdictional pursuit. (12) Reporting and postpursuit analysis as required by Section 14602.1. Establish the level and procedures of postpursuit analysis, review, and feedback. Establish procedures for written postpursuit review and followup. (d) “Regular and periodic training” under this section means annual training that shall include, at a minimum, coverage of each of the subjects and elements set forth in subdivision (c) and that shall comply, at a minimum, with the training guidelines established pursuant to Section 13519.8 of the Penal Code. (e) The requirements of subdivision (c) represent minimum policy standards and do not limit an agency from adopting additional policy requirements. The requirements in subdivision (c) are consistent with the 1995 California Law Enforcement Vehicle Pursuit Guidelines developed by the Commission on Peace Officer Standards and Training pursuant to Section 13519.8 of the Penal Code that will assist agencies in the development of their pursuit policies. Nothing in this section precludes the adoption of a policy that limits or restricts pursuits. (f) A determination of whether a public agency has complied with subdivisions (c) and (d) is a question of law for the court. (g) This section shall become operative on July 1, 2007.

Effective Public Outreach Practical Strategic Planning

The van struck a trash dumpster that hit the decedent. The Nguyen court “reluctantly” concluded summary judgment was properly granted under the former section 17004.7, which only required a department adopt a policy regarding vehicle chases. Following Nguyen, the Legislature amended § 17004.7 and the Court examined the legislative history of the amendment. The Court then turned to the evidence that BPD had submitted in support of their MSJ, which outlined their procedure for promulgating their vehicle chase policy. BPD declared that they had hired a third party, Lexipool Risk Management Service (Lexipool), to assist with policy drafting and adopting. Once a new policy was created, or a revision to a policy was made, BPD would e-mail its officers, notifying them of the change and directing them to access the policy directly through Lexipool, or by accessing the department’s shared drive. Employees would then acknowledge receipt of the policy by email, although those emails were not maintained or preserved. BPD also declared through one of its officers that the “vast majority” of officers complied with the email Continued on page 38

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The Court of Appeal reversed, finding that defendants had info@rauchcc.com failed to provide sufficient evidence to establish as a matter of law www.rauchcc.com that BPD had “promulgated” its vehicle pursuit policy as required under section 17004.7. First, the Court looked at the statute in question and noted that the statute required that all peace officers certify in writing that they have “received, read, and understood” the policy. The Court then looked at the holding in Nguyen v. City of Westminster (2002) 103 Cal.App.4th 1161 (Nguyen). In Nguyen, an individual was killed after police officers chased a stolen van into a high school parking lot as classes were ending.

California Special District – September-October 2016

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Money Matters Cash Management in Your District Rob Dennis, CPA CGMA

The main cash management internal control is a bank reconciliation. I cannot over-emphasize how important bank reconciliations are and how important it is to complete them as soon as the bank statement comes in. Bank reconciliations ensure all cash transactions are accurately recorded, as well as what outstanding or reconciling items may exist.

Cash management is an important function for any organization, whether there are cash surpluses or deficits. Three broad categories this article will delve into are 1) the investment policy, 2) operating cash needs, and 3) financing and investing activities. A distinction needs to be made between accounting and cash management. With accounting, the concern is when revenue and expenditures are to be recognized (hence accruals such as accounts receivable, accounts payable, etc.). Whereas cash management is concerned when cash comes in and goes out (accruals are irrelevant). A great place to start is to create a simple line graph in Excel based on the cash balances of the day of each bank account/cash-in-county account which will show the peaks (deposits) and valleys (payments) over a given timeframe. I would suggest at least two years, but five or more would be ideal to see patterns or trends when the cash balance ebbs and flows.

CSDA F C

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The investment policy is a requirement of all government agencies that adhere to Generally Accepted Accounting Principles (GAAP) (more as an accounting requirement than a legal one). The California Treasurerâ&#x20AC;&#x2122;s Office publishes an annual Local Agency Investment Guidelines at http://www. treasurer.ca.gov/cdiac/laig/guideline. pdf. The basic notion of an investment policy is to outline the approved investment type(s); their maximum maturity(ies), maximum specified percent of portfolio, and minimum quality requirements (ratings provided by Standards & Poors, Moodyâ&#x20AC;&#x2122;s, or Fitch Ratings). If cash balances are on the lower end for your district, likely most cash will be in a bank account and/or the county treasury. However, for those districts that have a more substantial cash balance and/or some type of endowment fund, likely there will be more investment type holdings (such as debt securities, mutual funds, etc.). The investments held by your agency need to match those allowed by the board-adopted investment policy. The investment policy should also be listed in the note disclosures of the Comprehensive Annual Financial Report or CAFR. It is important to read the investment policy to ensure compliance with it. Generally, the external auditor will make an evaluation during the audit, but they will only make that evaluation once per year. A

Officers

Jo MacKenzie, President, Vista Irrigation District Leslie Keane, Vice President, Orange County Cemetery District Paul Hughes, Treasurer, South Tahoe Public Utilities District John Martin, Secretary, Tehachapi-Cummings County Water District

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CSDA Finance Corporation 1112 I Street, Suite 200 Sacramento, CA 95814 tel: 877.924.CSDA www.csdafinance.net

Members of the Board

Don Humphrey, Livermore Area Recreation and Park District Matthew McCue, Mission Springs Water District

district should monitor that throughout the year, as investment grades can change at any point during the year.

Consultants

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

and/or buildings, which are generally financed through bond issuances or leases. When mapping out longterm cash needs for things like major From an investing standpoint, the bottom equipment (fire apparatus, computer line is the higher return, the higher the risk. hardware, etc.) or building and Higher risk includes rating less than A (or improvements, a great place to start not rated at all) and maturities greater than is your district’s depreciation. Most 60 months. If your district is assuming districts use a straight-line depreciation a higher risk, make sure your district is method, and the annual depreciation being compensated for it! Understand amount for a given asset is the cost of in the current interest rate climate, most the asset divided by the length of time investments with “A” ratings with a maturity that asset will last. While measuring of five years or less will not yield more than how long an item will last is a bit of a percent or so. Some websites for investing guesswork, at least it provides an idea of questions would be Investopedia (www. your asset turnover. This information investopedia.com), the Motley Fool (www. is also on the financial statement in fool.com), and, of course, the Wall Street the capital asset footnote (as well as Journal (www.wsj.com). your individual district’s capitalization policy). A great way to budget for Operating cash needs are for things such future capital asset replacement is as making payroll and vendor payments, to incorporate your district’s annual which is provided by property tax receipts, depreciation expense into the budget as customer payments, etc. Basically the a reserve assignment (or commitment aforementioned items are recurring with a depending on cash availability) in the measure of regularity. Another issue with fund balance. some districts has to do with not having quite enough cash throughout the year. Another important consideration is what While Tax Revenue Anticipation Notes to do with excess cash (understanding (TRANs) are one option for short-term this is an issue all agencies would like financing, some counties (i.e. Riverside to have). While the investment policy County) offer an advance on property tax guides the agency as to how to invest revenue, which is usually deposited into the cash, sometimes a better approach is district’s account in the summer months not to traditionally invest at all, but and is paid back with the December/January rather pay down debt the district may tax receipts. Advances are cheaper in terms have. An easy consideration is the of both annualized interest rate, as well as traditional debt such as leases, bonds, saving the issuance costs. Check with your etc. Another option could be to pay particular county as to the availability of down your district’s CalPERS Unfunded property tax advances. Liability (formerly the CalPERS Side Fund). Generally, PERS will give a Financing and investing needs are more three percent discount on pre-paying irregular, such as purchases of equipment the annual liability. An even more

California Special District – September-October 2016

CSDAFC Staff

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

aggressive suggestion is to pay down the entire unfunded liability. Doing this would effectively provide an approximately seven percent return, and it would significantly reduce your district’s monthly CalPERS contribution. Cash is the lifeblood of any organization. Sound stewardship of your district’s cash will ensure not only the continued existence of the district, but also your professional standing within the district and the community. Rob Dennis is a partner with RT Dennis Accountancy. The firm specializes in governmental audit and accounting services, particularly special districts and school districts. While RT Dennis Accountancy is based out of Rancho Cucamonga, they work with clients from San Diego County to Shasta County.

Competitive Rates, Exemplary Service Whatever your district’s financing needs – be it a $100,000 equipment purchase or a $30,000,000 infrastructure project – the CSDA Finance Corporation consultants and staff are here to serve you. Request a no-cost, no-obligation quote online at www.csdafinance. net or call 877.924.2732.

[What’s so special]

Happy healthy superheroes Hesperia Recreation and Park District

Earlier this year, Hesperia Recreation and Park District participated in a new event: a Superhero 5k. With the goal of getting the community’s children involved in physical activity, the event attracted people of all ages who love to dress up and embrace their inner superheroes. California Special District asked Hesperia RPD to explain the inspiration for the event and why it was important for the community. What inspired the idea for the Superhero 5k run? The district started the Healthy Hesperia Initiative, in partnership with the City of Hesperia and Hesperia Unified School District, to raise awareness of the benefits of living a healthy life style. Local government alone cannot create healthier communities. What the Healthy Hesperia process tries to do is to put health on the social agenda of a community, ensuring that the sectors whose actions affect the population’s health and well-being accept their health role, adopt policies and develop programs that consciously seek to promote health while achieving their own objectives. It takes the combined effort of all sectors of the community, including local businesses, the voluntary sector, community organizations, schools, and health services. The creation of healthy community coalitions that bring together partners from many different sectors is a fundamental objective of the healthy city and community approach. It was through the Healthy Hesperia meeting that I found out about what Cindie Schmidt was doing in our community to educate our kids about healthy eating and living an active lifestyle. Cindie is a certified personal trainer and a specialist in fitness nutrition, and she has taken her passion for health and fitness and her love of teaching and inspiring children to another level. Cindie believes the time to reach children is now, while they are young, as she recognizes that our country and local community is facing an obesity epidemic. Cindie wanted to do a fun community event that would inspire the community to get active and further her educational programs in the local schools.

What is the Happy Healthy Kids organization? Happy Healthy Kid’s target school-aged children in San Bernardino County focusing on awareness and implementation of nutrition, fitness, and overall health. This education is needed to prevent the overwhelming increase of obesity rates. Obesity in children increases their risk of cardiovascular disease, diabetes, asthma, early puberty, and several cancers. This could be the first generation not to outlive their parents.

Hesperia Recreation and Park District Established: 1957 District Size: 100 square miles Population: 85,000

It is the goal of the Happy Healthy Kids Foundation to inspire and motivate children and families toward healthy choices!

Why did the district choose to partner with them? The district recognizes the benefits of an active lifestyle and the idea was a great fit with who we are as an agency while encouraging the community to come together in a fun yet active way. After spending time meeting with Cindie and her dynamic team of volunteers I knew the event could be nothing but a success.

What was the district’s involvement with the event? We hosted the event at our Civic Plaza Park, in the heart of Hesperia. We shared our event planning tools with the Happy Healthy Kids group and walked them through all of the required elements such as insurance and permits. The advice and tools we provided gave them a starting point to begin their planning. The district assisted with the marketing using our website, social media, and RecMail (email blast) to get the word out. Really, when all was said and done we were nothing but a resource and sounding board for Cindie and her team.

Why was the Superhero theme chosen? It was a fun theme - after all, who doesn’t want to be a superhero. Children and adults alike all have their favorite super hero or alter ego. It also allowed for interaction along the race route for the super heroes to face villans with squirt guns and other obstacles. There is something about putting on a cape that makes you feel invincible - that is, until your calves start burning.

California Special District – September-October 2016

Location: Website: Budget:

How does the event fit within the district’s mission? The district’s mission is to make life better and enrich the quality of life for our community by providing a variety of leisure time and recreation activities, parks, and facilities that promote health and wellness, learning, and fun. As you can see, this event is a great fit with our mission. It is easy to see whether we have accomplished our mission at events we are involved with by all of the positivity being displayed by the attendees and their smiling faces. This really is the reason we do what we do.

What advice do you have for other districts who may want to hold a similar event? The success of this event was the community buy-in and partnership with Cindie Schmidt and her team of volunteers from Healthy Happy Kids. I’ve learned over the years that when the district works with our community partners to facilitate a program or event, it is a winning combination. The district has the planning experience and our community partners have the desire! This change in thought of the district being the facilitator - not the provider - was difficult at first, but the changes in the economy over the past 10 years have taught us that working together enables us to do more with less. What a concept! My advice would be to look for community partners who can help you further your district’s mission. Embrace the goals of your community partners as they have the desire to make the event a success. Step back, don’t be over controlling, give your suggestions, and let it happen. We need to find ways to say yes and not take the easy route and say no.

Hesperia, San Bernardino County www.hesperiaparks.com $5.4 Mil + $2.2 Mil from our foundation

Create a good working agreement that clearly outlines what each party will be responsible for and then don’t be afraid to give a little more if it is needed.

This year’s event was the first of its kind. Do you plan to partner with the event in the future? I have had conversations with Cindie about next year’s event and we are both very excited about the 2nd Annual Superhero Run. The district’s 5K Run, Walk, Skate is the largest fitness event in the Victor Valley each year. Last year, we had over 2,300 participants and look forward to the day that the Superhero 5K Run has similar participation numbers.

Why did you personally get involved? When we decided to partner with this event I told Cindie I believed in what she was doing and wanted to not only be a partner but also a participant. I know for me and my fellow recreation and park general managers we understand the importance of being out there supporting our community. Usually, it is at a sports opening day event and the like, this was the first time that it actually caused me physical pain – and it was well worth it. I bonded with other adults who, like myself, have put on a “few extra pounds” and let my actions rather than my words say we can do better. It was a fun event to be a part of and it was fun to see and hear all of the social media chatter about my participation. If my participation encouraged one person to say, “Well if he can do it, so can I,” it was well worth it and I encourage all of my fellow general managers to put on their capes, find some event in their area to get involved with in a meaningful way, and be a superhero by being an example to those we serve!

Managing Risk [continued] acknowledgement described above. The Court found that evidence of “receipt” of an email was insufficient to meet the requirements of the amended statute that all officers certify they had “received, read and understood” the policies in question.

ruled that there was a triable issue of fact on this point, as the high speed chase had gone on for 12 minutes, and because Durnin still believed he was being pursued by police at the time of the collision.

The Court of Appeal thus held that an agency’s vehicle pursuit policy is not promulgated within the meaning of § 17004.7(b) (2) unless, at a minimum, “all” of its peace officers “certify in writing that they have received, read, and understood the policy.”

For public entities, this case serves as a warning to have a robust policy regarding vehicle pursuits and to ensure that all officers receive it, read it, understand it, and undergo periodic training on the pursuit policy. This will ensure the department enjoys the shield of immunity while simultaneously – according to the legislature – reducing the number of innocent bystanders needlessly injured in the course of vehicular pursuits.

The Court declined to address the other ground for the appeal that the BPD training program did not meet the requirements of § 17004.7, which also requires periodic training on the vehicle pursuit policy. Finally, the Court rejected the BPD’s argument that summary judgment was properly granted because the trial court alternatively found that the accident did not occur as a result of any negligence on the part of the officer as he had terminated the chase before the collision. The Court

COMMENT

©2016 Low, Ball & Lynch, Issue By: Trevor W. Montgomery, Esq. For more information or to submit questions, please contact SDRMA Chief Risk Officer Dennis Timoney at 800.537.7790 or email Dennis at dtimoney@sdrma.org.

District Snapshots Big Bear CSD celebrated 50 years of service! Congratulations on such a great milestone!

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California Special District – September-October 2016

Community Connections [continued] 10 Steps to Launch Your Own District’s Successful Citizens Academy 1. Identify a champion who will engage employees,

be capable of telling your agency’s story to its customers, and can use program development as a personal career growth opportunity. The ideal program coordinator should have the creative, organizational, and people skills to passionately engage customers.

2. Don’t reinvent the wheel. Use similar programs at other

agencies as models.

5. Request feedback. Find a communications specialist

to review the marketing and educational materials, ensuring that the tone is customer-focused.

6. Get the word out. Market heavily to active citizens’

groups, other public agencies in your area, community centers, libraries, and sister agencies. • Advertise in the local paper. This can be costly, but it proved to be the most effective for Central San, bringing in about a third of its participants. • Ask employees to talk up the program to your customers and to their colleagues at other agencies. • If possible, form partnerships with local educational institutions.

7. Free food. Always a draw to any meeting, a light meal

3. Know your audience. While you may borrow from

other successful programs, remember that each agency has its own unique messages, community culture, important issues, and information to share. Make the program your own.

4. Gain support. Make sure you get early buy-in from

your agency’s leadership; they will be your best resources to bring the program to life.

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8. Make it engaging. Design the course as a dialogue

between the agency and its customers. Perhaps the most significant key to success is making the participants feel valued and appreciated. • Limit the use of PowerPoints and opt for more interactive lessons and activities. • Anticipate that the participants will ask many questions and plan each class’s content accordingly, leaving plenty of time for Q&A and breaks. 9. Keep it lighthearted and fun! Take

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7/29/16

2:05 PM

HOW A LITTLE FISH NETTED A BIG FUND. In a dusty stretch of the Central Valley, a community services district found itself in hot water. It was sorely out of compliance with state regulatory requirements for wastewater treatment and effluent disposal. Underfunded and overwhelmed, the district turned to Churchwell White to find a solution. Our attorneys worked with the district and its consultants to build a compliance road map and quickly secured a loan through the State Water Resources Control Board’s “Clean Water State Revolving Fund” program. Plans to construct the needed improvements were soon underway.

PUBLIC LAW

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