Employment of Legal Counsel Jay S. Punia, Executive Officer May 10, 2013

1. Central Valley Flood Protection Board Employment of Legal CounselJay S. Punia, Executive OfficerMay 10, 2013

2. BOARD ACTION 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

3. BACKGROUND 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, 2013

4. LEGAL COUNSEL DUTIES OPTIONS Board Attorney DWR Attorneys DOJ Attorneys Option 1 Pre NOV NOV C&D Hearing Lawsuit Board Members Board Staff Litigation NA NA NA NA Option 2 NOV C&D Hearing Lawsuit Pre NOV Board Members Board Staff Litigation NA NA NA NA

5. LEGAL COUNSEL DUTIES 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 Actionsas 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):

6. HIRING PROCESS 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

7. STAFF RECOMMENDATION 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.

8. QUESTIONS ? 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