Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  09-002063

 

MEETING DATE:

12/08/09

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

County Executive Office   (Approved)

Department contact person(s):

Carolyn McInerney (714) 834-4755 

 

 

Steve Dunivent (714) 834-3028

 

 

Subject:  Public Administrator Public Guardian

 

      ceo Concur

County Counsel Review

Clerk of the Board

Concur

Approved Ordinance to Form

Discussion

 

 

3 Votes Board Majority

 

 

 

    Budgeted: N/A

Current Year Cost: N/A

Annual Cost: N/A

 

 

 

    Staffing Impact: No

# of Positions:

Sole Source: N/A

    Current Fiscal Year Revenue: N/A

    Funding Source: N/A

 

    Prior Board Action: 03/15/2005, 05/03/05, 08/09/05, 02/06/07, 05/15/07, 05/22/07

 

RECOMMENDED ACTION(S):

 

 

1.

Read title of Ordinance.

 

2.

Order further reading of ordinance be waived.

 

3.

Consider the matter.

 

4.

Direct ordinance be placed on the agenda of the next regularly scheduled Board meeting for adoption.

 

5.

At the next regularly scheduled meeting, consider the matter, and adopt the ordinance, and give direction to staff.

 

If your Board concurs to consider adoption of this Ordinance at the next regularly scheduled meeting, the matter will be taken up on December 15, 2009.  At that time your Board will consider the following recommended actions:

 

1.

Read title of the Ordinance.

 

2.

Order further reading of the Ordinance be waived.

 

3.

Consider the matter.

 

4.

Adopt the ordinance repealing Ordinance No. 07-008, which added Sections 1-2-174 and 1-2-175 to the Codified Ordinances of the County of Orange;

 

5.

Create Master Position for Public Guardian to take effect January 14, 2010, and adopt the Job Description.  The position will receive Executive Level (E3) benefits and will designated as an At-Will position serving at the pleasure of the Board.

 

6.

Appoint John Williams as Public Guardian effective January 14, 2010.

 

7.

Determine salary for each position effective January 14, 2010.

 

8.

Direct that:

 

a.

Effective January 14, separate the office of Public Guardian from the office of the Public Administrator and establish it as a separate department.  The new department shall be known as the Orange County Public Guardian Department (OCPG) and for budget purposes shall be categorized as Community Services.

 

b.

Authorize the CEO to implement the necessary budgetary and personnel adjustments to accomplish this action.

 

c.

Designate Public Guardian to report to CEO.

 

d.

Direct CEO staff to make the necessary position transfers and revise the organizational chart to reflect the changes. 

 

e.

Direct CEO and Auditor/Controller staff to initiate budgetary and master position control adjustment to reflect the reorganization.

 

 

 

 

 

SUMMARY:

 

The CEO recommends  repealing Ordinance 07-008, which added Sections 1-2-174 and 1-2-175 to the Codified Ordinances of the County of Orange, thereby returning Public Guardian (PG) to an appointed position, reporting to the CEO.   This would improve management oversight and collaboration with the department and CEO, including budget and reserves, policies and procedures and human resources.  This action does not affect the elected Public Administrator (PA) position. 

 

The new Ordinance is entitled:

AN ORDINANCE OF THE COUNTY OF ORANGE, CALIFORNIA REPEALING ORDINANCE NO. 07-008, WHICH DESIGNATED THE PUBLIC ADMINISTRATOR AS THE EX OFFICIO PUBLIC GUARDIAN

 

 This action would not change the current operational structure or duties of the PA/PG office and staff.  The departments would remain at the current location and maintain the same functions.  The only substantive operational change will be to have the CEO provide support and oversight for the PG activities.

 

 

 

 

BACKGROUND INFORMATION:

 

The PA is an elected position in Orange County.  The PA protects the assets and manages the affairs of deceased residents of Orange County who, at the time of their death left no known heirs, no will, no named executor or an executor who is ineligible, and those estates that have no person willing to serve as an executor or administrator for whatever reason.   

 

The PG responds to referrals from the courts, law enforcement, behavioral health and others to assist persons who are unable to properly provide or care for themselves.  The PG was an appointed position until County Ordinance 07-008 was adopted, when the Board designated the Public Administrator as the Ex Officio Public Guardian.

 

On March 11, 2003, the Board of Supervisors appointed the newly elected PA to the additional office of Public Guardian of the County of Orange, and moved the PA/PG department from the Community Services Agency (CSA) to the Health Care Agency (HCA).

 

On May 3, 2005, The Board of Supervisors approved the separation of the office of the Public Administrator/Public Guardian from HCA and established it as a separate department.  This action was taken primarily to realize significant cost savings. 

 

On May 22, 2007, The Board of Supervisors approved Resolution 07-008 which adopted Orange County Codified Ordinance Section 1-2-175, which made the elected Public Administrator the ex officio Public Guardian, established one salary for the PA/PG and deleted the PG from the Master Position Control. 

 

As the position is currently defined, anyone elected Public Administrator is automatically ex officio Public Guardian.  The recommended actions would again give the Board of Supervisors the discretion to make the appointment of the PG. 

 

The CEO recommends  repealing Ordinance 07-008, which added Sections 1-2-174 and 1-2-175 to the Codified Ordinances of the County of Orange, thereby returning Public Guardian (PG) to an appointed position, reporting to the CEO.  This would improve management oversight and collaboration with the department and CEO, including budget and reserves, policies and procedures and human resources.  This action does not affect the elected Public Administrator (PA) position.  This action would not change the current operational structure or duties of the PA/PG office and staff.  The departments would remain at the current location and maintain the same functions.  The only substantive operational change will be to have the CEO provide support and oversight for the PG activities.

 

The CEO recommends these actions based on a number of factors.  The PA/PG has been the subject of an unprecedented two Grand Jury reports this year.  The first, “Guardian of Last Resort,” published May 6, 2009 raised significant concerns about personnel classifications, management growth, the replacement IT system and financial accountability.  The second Grand Jury report, “Supplemental Guardian of Last Resort” published on June 30, 2009 re-emphasizes many of the same concerns.  While many of the Grand Jury issues have been corrected or explained, there is more to be done. 

 

Additionally, PA/PG is facing significant budget challenges, as the revenue streams are projected to be lower than expected because of economic conditions (i.e. interest and estate fees), and the proposed elimination of Targeted Case Management revenue.

 

PA/PG has also experienced significant issues with their new IT replacement system.   Deadlines have been missed, and PA/PG agrees with CEO IT that a new vendor could be needed.  Since this project will be lead by CEO IT, having CEO oversight for Public Guardian will provide better oversight and increased assurance of timely success. 

 

This new reporting relationship will enhance accountability of the department and services to the clients of Orange County. 

 

This action is timed to be effective prior to the filing for the June 2010 election.  The second reading for this action must be completed prior to January 15, in order to be effective prior to the commencement of the declaration of candidacy by the Registrar of Voters for the June 2010 election, which is February 15, 2010. Anyone seeking to run for Public Administrator will know that the additional appointment as Public Guardian will be appointed at the discretion of the Board of Supervisors.   

 

The determination of the split between the PA and PG salaries is based on past practice and estimated workload.  Until 2007, the PAPG was budgeted separately at a split of approximately 25% for the elected Public Administrator and 75%  for the appointed Public Guardian. 

 

 

 

FINANCIAL IMPACT:

 

N/A

 

 

 

STAFFING IMPACT:

 

N/A

 

 

 

EXHIBIT(S):

 

1.    Ordinance
2.    Job Description