Fire Districts Association of California. Good Governance and Best Practices FDAC Conference 2015

Transcription

1 Fire Districts Association of California Good Governance and Best Practices FDAC Conference 2015

2 Course Objectives Governance and Administration Board Roles and Responsibilities Planning Finance Human Resource Management Resources FDAC COA Module 1: Legal Mandates and Regulations

3 Governance and Administration Legally Established Legally Compliant Local / State / Feds Legislative Process/Advocacy Approve Scope of Practice / Org Chart Fire Chief Selection Credentials / Qualifications Communication with Administration

4 California Law consists of 29 codes covering various subject areas, the State Constitution and Statutes. Information presented reflects laws currently in effect. Business and Professions Code Code of Civil Procedure Corporations Code Elections Code Family Code Fish and Game Code Government Code Health and Safety Code Labor Code Penal Code Public Contract Code Public Utilities Code Streets and Highways Code Vehicle Code Welfare and Institutions Code Civil Code Commercial Code Education Code Evidence Code Financial Code Food and Agricultural Code Harbors and Navigation Code Insurance Code Military and Veterans Code Probate Code Public Resources Code Revenue and Taxation Code Unemployment Insurance Code Water Code FDAC COA Module 1: Legal Mandates and Regulations

5 Two Primary Sets of Statutes 1. California Health and Safety Code 2. California Government Code Website: FDAC COA Module 1: Laws, Codes and Regulations

6 California Fire Protection District Enabling Legislation California Health and Safety Code Sections et. Seq. FDAC COA Module 1: Legal Mandates and Regulations

7 Conflict of Interest District must have Conflict of Interest Code updated every two years Statement of Economic Interest: Form 700 Fair Political Practices Commission ( Form must be filed by Board members and key staff annually, and upon entering and leaving office FDAC COA Module 1: Legal Mandates and Regulations

8 Brown Act Authority Open Meeting Law California Attorney General s Office ( California Government Code et. seq. Conduct the Public s Business in Public! FDAC COA Module 1: Legal Mandates and Regulations

9 Board Roles and Responsibilities FDAC COA Module 2: Board Organization

10 Governing Body Boards represent the electorate who give the board the authority to govern by: Voting to form the district Electing the board Providing Funding FDAC COA Module 2: Board Organization

11 Board as a Legal Body Has Legal Accountability Authorized to Adopt Ordinances May Initiate Legal Action Can be sued FDAC COA Module 2: Board Organization

12 Board as a Functional Body Determines Service Level Responsible for safety of community and employees Influences District s Culture Part of the Fire Service Delivery System Stewards of the District s Finances & Assets Representatives of the District FDAC COA Module 2: Board Organization

13 Board Responsibilities Steward the District s finances and preserve assets Adopt an annual budget Define critical issues Monitor progress toward established goals Guide development of the strategic plan FDAC COA Module 2: Board Organization

14 Effective Board Meetings Have an understandable board package The tone of the meeting should be businesslike Follow the agenda Get all directors involved in deliberations As Questions to clarify understanding Respect the Public Committee Finance / Personnel? FDAC COA Module 2: Board Organization

15 Board Dynamics FDAC COA Module 2: Board Organization

16 Board Activities Should be Focused on: Functions and decisions are weighed against a standard of purpose The future and the long term strategic view Defining and monitoring mission, vision and values FDAC COA Module 2: Board Organization

17 Boardmanship Informed Does their homework Keeps mission in mind What s right for the community Independent thinking Professional manner Willing to change Flexible Integrity FDAC COA Module 2: Board Organization

18 Problems Occur When Directors: Work outside their roles Make decisions based on a narrow constituency Micromanage Pursue private agendas Do not stay informed FDAC COA Module 2: Board Organization

19 Problems Occur When Directors: Abstain from voting won t commit Criticizes or humiliates staff in public Play gotcha games with Fire Chief at board meetings FDAC COA Module 2: Board Organization

20 Problems Occur When Fire Chief: Withholds information from board Does not understand political influence Does not view directors as part of leadership team Wants to run district their way FDAC COA Module 2: Board Organization

21 Problems Occur When Fire Chief: Befriends and informs certain specific directors Runs district like he/she owns it Undermines board credibility to staff/public FDAC COA Module 2: Board Organization

22 Fire Chief Roles and Responsibilities Educates, informs and communicates with the board Staff oversight hires, disciplines and fires Oversees management of daily activities FDAC COA Module 2: Board Organization

23 Fire Chief Roles and Responsibilities Analyzes needs and develops annual budget Develops and recommends policy Appropriately utilizes and preserves District s assets Oversees implementation of strategic plan FDAC COA Module 2: Board Organization

24 Board Relationship with Fire Chief Can work in many different ways Separation of Roles and Responsibilities Board sets policy Chief recommends and implements Clear communications Usually only person who is directly supervised by the board Evaluations Negotiations FDAC COA Module 2: Board Organization

25 Some Perceptions of Organizational Success District hasn t gone broke District isn t being investigated by grand jury District hasn t been in the headlines lately The public doesn t attend board meetings FDAC COA Module 2: Board Organization

26 Better Perceptions of Organizational Success Public praise in local paper People volunteer to participate Public believes they NEED you! Public respect when weed abatement notices go out Employees are proud of their affiliation with district FDAC COA Module 2: Board Organization

27 Avoiding/Solving Internal Conflicts Be Honest. Be Polite. Work within board policies Workshops Agree to disagree Value debate Job One = success of organization Common goals and direction FDAC COA Module 2: Board Organization

28 Suddenly, a heated exchange took place between the King and the contractor when the moat was being installed incorrectly. A Failure to COMMUNICATE! FDAC COA Module 2: Board Organization

29 Communication Good decisions are not possible when the Board is provided with bad or no information FDAC COA Module 2: Board Organization

30 FDAC COA Module 2: Board Organization

31 It s about relationships and building trust and honest communications! FDAC COA Module 2: Board Organization

32 Districts in Crisis Disaster Loss of chief/leadership Financial crisis Death of personnel Political crisis FDAC COA Module 2: Board Organization

33 Steps to Deal with a Crisis Stabilize the situation (Stop the bleeding) Organize and establish Command and Control (both Board and Staff) Determine Resources available Plan your route back to normal Mobilize (give direction) Normalize FDAC COA Module 2: Board Organization

34 Planning

35 Need and Benefit of Planning Group Process Collaborative-problem solving Commitment Rational decision making Establishes priorities for programs/spending FDAC COA Module 3: Planning

36 Why Plan? Because it s too late when this is happening! FDAC COA Module 3: Planning

37 Planning The process is 60% political and 40% technical Don t underestimate the value of the process!!! Mission/Vision/Goals FDAC COA Module 3: Planning

38 Standard Planning Cycle Overcome roadblocks in the progress Problem-solving skills Define the problem Identify possible solutions Select the most promising solution Apply the solution FDAC COA Module 3: Planning

39 Risk Analysis Analyzing the statistical chance of danger from something. Is the risk acceptable? Even though it may not have been a conscious decision, the present risk and historical loss may be defined as acceptable risk and acceptable loss. FDAC COA Module 3: Planning

40 What Are the Agency s Strengths, Weaknesses, Opportunities and Threats? S W O T represents the first letter in Strengths Internal Weaknesses Internal Opportunities External Threats External Strategy-making must be well-matched to both Agency s resource strengths and weaknesses Agency s best market opportunities and internal/external threats to its wellbeing FDAC COA Module 3: Planning

41 Identifying Goals/Objectives S-M-A-R-T Objectives Specific Measurable Attainable Relevant Time FDAC COA Module 3: Planning

42 Fire District Finance

43 Fire Protection District Law Addresses: Inadequate Revenues Borrowing and Indebtedness Tax Assessment and Collection Emergency Fund Capital Outlay Reserves Claims Against District Insufficient Funds Petty Cash Fund Borrowing Posting of Budget Notice

44 Fire Protection District Law Addresses: General Obligation Bonds Alternative Revenues Special Taxes Mello-Roos Fire Suppression Services Capitol Improvement Fees For Service

45 Requirements Budget Basics Preliminary budget by June 30 Final by October 1 Must be balanced between revenue and expenditures Modifications require Board approval

46 General Budgeting Categories Revenues Secured Taxes Unsecured Taxes Fees Interest Grants Other Revenue Expenditures Salaries and Benefits Services and Supplies Fixed Assets Reserves Capital Outlay

47 Accounting Accountability (Finance policies) Track revenues and expenditures Systems Check Book/warrant data Financial Information System Finance committee reviews bills and spot checks Regular reporting Provide Checks and Balances

48 Fiscal Controls Audits Inventory spot inspection Report reconciliation: District and County Identification of vulnerable areas Open reporting of wrong doing ( whistleblower )

49 Fiduciary Responsibility Audits and GASB 34 Requires depreciation of assets Management discussion in financials Format Inventory and fixed assets accountability OPEB Liability (45) Retirement Liability (65)

50 Pass a budget Board Oversight Staff spending authority based on budget Staff authority not to exceed $50,000 (or less based on district policy) Approve bills at board meeting (pre and post approvals) Routine review of bills and statements

51 Financial Planning Revenue and expenditure projections Estimate tax/revenue growth using trends Determine acceptable reserves based on budget levels Ratio of revenues to expenditures Salaries and benefits Services and supplies Capital expenditures Debt payments FDAC COA Module 4: Trends, Issues and Resources

52 Capital Expenditure Planning Equipment replacement schedule Disposal of surplus assets Facility additions/replacements: Fire Stations Training Facilities Administration Maintenance

53 Human Resource Management Policies, practices and systems that influence employee s behavior, attitudes and performance. (Noe, Hollenbeck, Gerhart, Wright, 2005) FDAC: Laws, Codes and Regulations

54 Human Resource Management Recruitment Selection Training & Development Compensation FBOR Rules and Regulations Performance Management Employee Relations Benefits Compliance Many Hats Hire Slow / Fire Fast FDAC: Laws, Codes and Regulations

55 Workers Compensation Costs Little legislative relief for public safety Impact of 9/11/2001 Difficult to project Importance of safety and risk management

56 Impact of Retirement Costs Legislative reform in 2012 Trends in benefit levels Lack of rate stability for Districts Overall cost Rates go up when revenues go down

57 Health Benefit Costs Substantial increases in recent years Benefit levels vary by program Trends FDAC EBA health care program Covered CA

58 GASB 45 Other Post Employment Benefits (OPEB) Actuary every two years on post retirement health benefits Based on size of budget for implementation date Required to book liability of financial statement

59 Resources Legal Support Certificate of Achievement FDAC Website Phone a friend FDAC: Laws, Codes and Regulations