Statewide Enforcement Manager/Supervisor Workshop Statewide Enforcement Manager/Supervisor Workshop Unified Program Annual Conference 2006 UPAAG INSPECTION & ENFORCEMENT STEERING COMMITTEE UP REGULATORY PERFORMANCE MODEL WORKGROUP

Statewide Enforcement Several cases have developed into Statewide efforts – typically UST ARCO, 7-11, SBC/AT&T Prosecutors throughout the State began holding Prosecutor Roundtables Emphasis was on statewide coordination of enforcement cases Cal EPA embarked on a variety of enforcement initiatives – eg EPOP

Statewide Enforcement Local prosecutors working with UPAs on specific cases and started looking at options to better coordinate Statewide cases Certain individuals took the lead and began meeting to discuss issues

Statewide Enforcement CFB began discussing coordination and communication concerns Needed a system to let folks know what was going on with Statewide cases Needed a system to begin the process of making a case Statewide Information requests were being sent to UPA’s that were not clear

Statewide Enforcement CFB began discussing coordination and communication concerns Logistics of which DA would take the point Some DA’s were not involved and felt they needed to go ahead with their own prosecution How to meet and discuss specific cases Priorities of identified Statewide cases How to deal with recalcitrants

Statewide Enforcement CFB began discussing coordination and communication re Settlements CFB very happy to receive settlements – scholarships to this conference Felt we needed to work closer on details of settlements Settlements needed to be discussed with appropriate agencies prior to completion

Monterey Meeting Local prosecutors State Attorney General CFB Representatives Adjunct to Prosecutor’s Roundtable meeting Statewide Enforcement

Discussions led to two CFB recommendation documents  STATEWIDE CASE COORDINATION  ENFORCEMENT SETTLEMENTS Statewide Enforcement

Identify statewide case Set up communications network Identify prosecutorial point of contact (POC) The prosecutorial POC discuss with other prosecutors. A State agency POC should be designated when appropriate Statewide Enforcement Recommendations on Case Coordination

A CUPA POC should be designated. CFB to establish communication method to inform other UPAs. CFB POC to discuss details with any prosecutor or UPA staff. Initial contact to the CFB Enforcement Issue Coordinator. Investigations should not occur independent of the local UPA. Statewide Enforcement Recommendations on Case Coordination

Statewide Enforcement Recommendations on Settlement Agreements CFB believes that settlement agreements should follow a consistent methodology Methodology fair accounting of efforts expended by individual UPA’s provide prosecutors with sufficient latitude to negotiate appropriate settlement agreements. CFB encourages discussion on follow-up administrative requirements or conditions of injunctive relief or compliance mandates.

Statewide Enforcement Recommendations on Settlement Agreements Reimburse agency costs incurred Allocate a portion of penalties/fines to the specific UPA’s involved with the investigation or to those major UPA contributors Allocate a portion of penalties/fines to all UPA’s throughout the State using some equitable process Allocate a portion of penalties/fines to the CFB for scholarships or training activities

Statewide Enforcement Recent Settlement SBC/AT&T Specific conditions of settlement re fine account Use for UST enforcement [Legislative proposal] Coordinated by San Joaquin County DA’s Office

Statewide Enforcement Several major cases moving forward at this time. Testing process and communication with each case and hopefully improving with each Working with UPAAG Enforcement Steering committee on direction

Statewide Enforcement QUESTIONS? Bill Jones, I&E Issue Coordinator