Central Valley Flood Protection Board Meeting – Agenda Item No. 6B Central Valley Flood Protection Board

Central Valley Flood Protection Board Meeting – Agenda Item No. 6B Consider approval for the Central Valley Flood Protection Board to:  Select one of two options to carry out bifurcated enforcement actions  Hire one full-time in-house Legal Counsel (proposed Attorney III classification)  Nominate and approve two Board members to serve on a hiring panel with the Executive Officer  Direct the Executive Officer to carry out the proposed hiring process  Approve proposed organization and reporting relationships 2

Central Valley Flood Protection Board Meeting – Agenda Item No. 6B State Legislature (2007 Flood Legislation) renamed and re-formed the Board, made it independent of DWR, and gave it enhanced responsibilities and authorities  It reaffirmed the Board’s lead public safety regulatory authority for flood protection in California’s Central Valley, and expanded the Board’s oversight  The increased responsibilities resulted in:  Reorganization and expansion of the Board to carry out the additional legislative mandates and responsibilities  Memorandum of Agreement set up with DWR outlining the duties of the two independent entities, including the limited legal services DWR would provide  The statutory independence from DWR  Board to seek legal counsel independent from DWR  Board executing a contract with the Department of Justice (DOJ) to provide part-time legal counsel services  Increasing workload and need for legal counsel resulted in the contract going way over budget each year and significantly impacting the Board’s annual budget  To remedy the situation and provide full-time legal counsel support for staff, the Board submitted a Budget Change Proposal for a full-time, in-house legal counsel  The BCP will be fully approved soon and Board is preparing to hire an Attorney for the fiscal year beginning July 1,

Central Valley Flood Protection Board Meeting – Agenda Item No. 6B 4 Board Members Board Staff Litigation Board AttorneyDWR AttorneysDOJ Attorneys NOVC&DHearingLawsuit NA Board Members Board Staff Litigation NOVC&DHearingLawsuit NA Pre NOV Option 1 Option 2

Central Valley Flood Protection Board Meeting – Agenda Item No. 6B Board Programs, Projects, and Permits:  Legal Counsel will support both the Board members and Board staff on all Central Valley Flood Protection Board matters except for Enforcement Actions as follows: Enforcement Actions:  Enforcement Actions require a bifurcation of Board staff and Board Counsel, which is outlined as follows (option 1 below, option 2 on following slide): 5

Central Valley Flood Protection Board Meeting – Agenda Item No. 6B Steps include:  The full Board should select two Board members to serve with the Executive Officer on the hiring panel  The panel will develop interview questions and other materials (Statement of Qualifications, other writing assignments, etc. to make an informed selection)  Develop a job description  Advertise the position utilizing DWR’s procedures on Board and DWR websites  Schedule and conduct interviews, rank candidates and select the desired candidate  The Executive Officer 6

Central Valley Flood Protection Board Meeting – Agenda Item No. 6B Staff recommends that the Board:  Select either Option 1 or Option 2 to carry out enforcement actions once the new Board Attorney is hired  Approve, in substantially the manner described herein, hiring full-time in-house Legal Counsel (proposed Attorney III classification),  Nominate and approve two Board Members to serve on the hiring panel with the Executive Officer,  Direct the EO to carry out the proposed hiring process in substantially the manner described in the Staff Report,  Approved proposed organization and reporting relationships substantially the manner described in the Staff Report. 7

Central Valley Flood Protection Board Meeting – Agenda Item No. 6B Staff Report Prepared by:Lorraine Pendlebury, AGPA Nancy Moricz, Senior Engineer Eric Butler, Supervising Engineer Reviewed by:Len Marino, Chief Engineer Jay S. Punia, Executive Officer 8