To: Board of Directors of Sonoma County Water Agency
Department or Agency Name(s): Sonoma County Water Agency
Staff Name and Phone Number: Brad Sherwood 707-547-1927
Vote Requirement: 4/5th
Supervisorial District(s): Countywide
Title:
Title
Sonoma County Water Agency (Sonoma Water) Appointment of Retiree Extra-Help
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Recommended Action:
Recommended action
A) Pursuant to Government Code §7522.56 approve the appointment of Ann DuBay as a Water Agency Governmental Affairs Manager, to fill a critically needed position within 180 days of her retirement, with an appointment date as early as January 30, 2024.
B) Adopt a Resolution Authorizing Adjustment to the Board Adopted Budget for Fiscal Year 2023/2024 for the Sonoma Water General Fund in the amount of $50,500 for the Sonoma County Water Agency (Sonoma Water) Appointment of Retiree Extra-Help. (4/5th Vote Required)
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Executive Summary:
Pursuant to the California Public Employees’ Pension Reform Act (PEPRA), Government Code §7522.56, an exception can be made to reappoint a retiree as extra-help provided the governing body certifies that the appointment is necessary to fill a critically needed position, in those circumstances where 180 days from the date of retirement has not yet passed. This approval must be in a noticed public meeting and not on a consent calendar. The Sonoma County Water Agency (Sonoma Water) is requesting the appointment of Ann DuBay as a Water Agency (WA) Governmental Affairs Manager in a retiree extra-help capacity through FY 24/25 to assist in providing Groundwater Sustainability Agencies (GSAs) the opportunity to actively engage in climate bond discussions by providing continued strategic local support and statewide coordination.
Discussion:
Pursuant to the California Public Employees’ Pension Reform Act (PEPRA), Government Code §7522.56, an exception can be made to reappoint a retiree as extra-help provided the governing body certifies that the appointment is necessary to fill a critically needed position, in those circumstances where 180 days from the date of retirement has not yet passed. This approval must be in a noticed public meeting and not on a consent calendar. PEPRA includes other requirements in order for a retiree to be eligible for an Extra-Help appointment, such as not having accepted a retirement incentive and not having accepted unemployment arising out of prior public appointment. The individual and delegated agency staff have completed the Retiree Extra-Help Compliance Form certifying the appropriateness of the appointment.
Ann DuBay retired on January 8, 2024 from the position of Water Agency (WA) Governmental Affairs Manager. She entered Sonoma Water service on May 6, 2008, as a WA Public Information Officer, followed by promotions to WA Principal Program Specialist in the Community and Government Affairs Division on February 19, 2013, and WA Governmental Affairs Manager on October 10, 2017.
At the time of her retirement, Ms. DuBay was managing Sonoma Water’s Community and Government Affairs Division. In this role Ms. DuBay was responsible for managing numerous programs and projects, including - through a contract - outreach and community engagement for the Petaluma Valley, Santa Rosa Plain and Sonoma Valley Groundwater Sustainability Agencies (GSAs).
In her role at Sonoma Water (including several years in which she served, under contract, as the administrator for all GSAs), Ms. DuBay built relationships with other GSAs statewide, including serving as the president of the California Groundwater Coalition and as a member of the Groundwater Committee with the Association of California’s Water Agencies.
As GSAs statewide have pivoted from planning to implementation of the Sustainable Groundwater Management Act (SGMA), there has been growing recognition of the challenges facing GSAs that manage small groundwater basins (such as Petaluma and Sonoma Valleys). These small entities are responsible for meeting the same legislative and regulatory requirements as much larger GSAs, but have limited populations to share the costs, resulting in untenable levels of fees and the need for significant support from local governments.
Ms. DuBay has been working to build a coalition of small GSAs, including Petaluma and Sonoma Valleys, with the goal of advocating for state support and funding for SGMA implementation.
During the first year of the current legislative session, the coalition educated legislators on the importance of providing support for very small GSAs. The coalition’s current focus is to secure language in the proposed climate bond measures that would provide specific funding to these struggling agencies. The climate bond has been held for action until the second year of the legislative session, which began on January 3, 2024. For small GSAs to have an opportunity to actively engage in climate bond discussions, there remains a significant need for Ms. DuBay to continue providing strategic support locally and coordination statewide, including the following tasks:
• Working with local GSAs on funding priorities and to develop bond and legislative language to increase funding opportunities;
• Meeting with other small GSAs individually and as a coalition to develop and implement legislative strategies;
• Working with Sonoma Water’s legislative advocates to coordinate meetings with elected officials, key legislative and Administration staff;
• Developing materials (such as fact sheets and position letters);
• Working with other groundwater and water advocates to garner support for small-GSA issues; and
• Coordinating meetings between GSA board members and key legislators to advocate for small-GSA funding within the climate bond and the state budget.
Due to the time-critical nature of the legislative session and advocating for small GSAs, it is paramount that Ms. DuBay continue to provide timely support as may be required for the success of these efforts.
Although Sonoma Water does intend to fill the full-time position vacated with Ms. DuBay’s retirement, her replacement will not bring her extensive experience and familiarity with GSAs in the efforts described herein. It is therefore respectfully requested that consideration be given to appointment of Ann DuBay as Retiree Extra-Help to continue this time sensitive work to keep this critical effort on track.
Sonoma Water has consulted with the county Human Resources Department which is supportive of the recommended action.
In accordance with Government Code section 7522.56, Sonoma Water management is asking the Board certify as follows:
• Ann DuBay’s appointment to Water Agency Governmental Affairs Manager, Retiree Extra-Help is necessary to fill a critically needed position within 180 days of her retirement date;
• Ann DuBay did not accept retirement incentives upon her retirement; and
• Ann DuBay’s appointment shall not exceed 960 hours per year.
• Per Internal Revenue Code section 401(a)(36), Ann DuBay meets the requirement of being of normal retirement age.
If the Board of Directors makes the foregoing certifications, Ann DuBay will be hired as of January 30, 2024, as Water Agency Governmental Affairs Manager, Retiree Extra-Help.
County of Sonoma Strategic Plan Alignment: N/A
Sonoma Water Strategic Plan Alignment:
The Water Agency Strategic Plan: Organizational Goal 1; Increase organizational efficiency, effectiveness, and resilience to natural disasters.
Prior Board Actions:
None
Fiscal Summary
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Expenditures |
FY 23-24 Adopted |
FY 24-25 Projected |
FY 25-26 Projected |
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Budgeted Expenses |
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Additional Appropriation Requested |
$50,500 |
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Total Expenditures |
$50,500 |
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Funding Sources |
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General Fund/WA GF |
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State/Federal |
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Fees/Other |
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Use of Fund Balance |
$50,500 |
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Contingencies |
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Total Sources |
$50,500 |
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Narrative Explanation of Fiscal Impacts:
The cost of the extra help retiree position is approximately $50,500, assuming usage of 250 extra help hours in FY2023/2024. FY2023/2024 additional appropriations in the amount of $50,500 from Sonoma Water’s General Fund are required. A budgetary resolution has been submitted with this item.
Salary is budgeted in Sonoma Water’s General Fund which is funded through property tax revenue and grants. The General Fund is reimbursed by our enterprise funds through project costing. Sonoma Water’s cost accounting system allocates labor costs to Sonoma Water projects specific to its enterprise funds.
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Staffing Impacts: |
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Position Title (Payroll Classification) |
Monthly Salary Range (A-I Step) |
Additions (Number) |
Deletions (Number) |
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Narrative Explanation of Staffing Impacts (If Required):
This is a Retiree Extra-Help appointment; no permanent allocations are being added or changed.
Attachments:
Resolution
Related Items “On File” with the Clerk of the Board:
None