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Agenda Item
ASR
Control 14-000021 |
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MEETING DATE: |
01/28/14 |
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legal entity taking action: |
Board of Supervisors |
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board of supervisors
district(s): |
All Districts |
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SUBMITTING
Agency/Department: |
County Executive Office (Approved) |
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Department contact
person(s): |
Mark Denny (714) 834-3028 |
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Jessica O'Hare (714) 834-7250 |
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Subject: Options for Public
Administrator and Public Guardian Position
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ceo Concur |
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Clerk of the Board |
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Concur |
Approved Ordinance to Form |
Discussion |
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3 Votes Board Majority |
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Budgeted: N/A |
Current Year Cost:
N/A |
Annual Cost:
N/A |
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Staffing Impact: No |
# of Positions:
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Sole Source:
N/A |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 12/14/13,
#S66A |
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RECOMMENDED ACTION(S):
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1. |
Consider options for Public Administrator and Public Guardian positions. |
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2. |
If selecting Option 2, hold first reading of ordinance to consolidate the Public Administrator with another County elected office (either Treasurer-Tax Collector, Sheriff-Coroner, Clerk-Recorder or District Attorney), read title of ordinance (either Attachment A, or Attachment B, or Attachment C, or Attachment D), order further reading of ordinance be waived, consider the matter, direct the ordinance be placed on the agenda of the next regularly scheduled Board meeting for adoption, and at the next regularly scheduled Board meeting, have the second reading of ordinance, consider the matter and adopt the ordinance. |
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3. |
Direct staff to take necessary steps to implement option including any necessary budget-related changes to be effective with the FY 2014-15 budget. |
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4. |
Provide additional and/or alternate direction to staff. |
SUMMARY:
The Public Administrator position is currently vacant. At its December 17, 2013 meeting, the Board of Supervisors directed staff to return with options to consider for the Public Administrator and Public Guardian positions.
BACKGROUND INFORMATION:
The Public Administrator (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 whose estates have no person willing to serve as an executor or administrator for whatever reason.
On March 11, 2003, the Board of Supervisors appointed the newly elected PA to the additional office of the Public Guardian of the County of Orange, and moved the Public Administrator/Public Guardian (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 PA/PG from HCA and established it as a separate department. According to the agenda item description at that time, this action was taken primarily to realize cost savings.
On May 27, 2007, the Board of Supervisors adopted Ordinance No. 07-008 which made the County of Orange’s elected Public Administrator the ex officio Public Guardian. This ordinance legally took effect as of June 22, 2007.
On March 22, 2011, the Board adopted “An Ordinance of the County of Orange, Repealing Ordinance No. 07-008, Which Designated the Public Administrator as the Ex Officio Public Guardian;” As part of this action, the Board reestablished the separate nonelected office of Public Guardian and set its salary.
At the December 17, 2014, meeting your Board set the salary for the Public Administrator and directed staff to return in January with a variety of options for consideration.
Option 1: Stand Alone Public Administrator (Status Quo) – The PA is a part-time elected official, and the position is currently vacant. The Board can appoint a Public Administrator from the recruitment previously conducted by Human Resource Services at any time prior to the election or the position will be filled when the election takes place in 2014 to select a candidate for a full term. PA will continue to receive services from the Public Guardian (PG) staff.
Option 2: Consolidation - By ordinance, consolidate the PA position with one of several other County offices (the Clerk, Treasurer, Coroner, District Attorney, or Sheriff). Any person elected to the combined office must qualify for each office. If combined with the Treasurer-Tax Collector, for example, it would allow for fiduciary oversight as the Treasurer-Tax Collector is required to be a CPA. There is also a synergy in that the Treasurer-Tax Collector also understands investment assets and real property assets that must be liquidated and distributed to beneficiaries by the PA. If two offices are consolidated, there is a separate oath taken for each office. The offices may have a combined salary or each office may have its own salary. Should the Board consolidate Public Administrator with another elective office and does not appoint the Public Administrator to serve as the Public Guardian, CEO recommends placing Public Guardian with Health Care Agency/Behavioral Health to allow greater synergy with mental health services.
Option 3: Combination of Public Guardian with Public Administrator After Election or Appointment – After the election or appointment of a new PA, the Board could consider whether or not it would be appropriate to appoint the PA as the Public Guardian. The Board could combine the Public Guardian with the PA for the term of the PA, with an option to terminate the agreement with a 90 day notice and the requirement that the incumbent pay the employee share of the pension benefits. This would allow the Board to retain sole discretion over the consolidation of the PG with PA after each election. Alternatively, the Board could appoint the PA as Ex Officio Public Guardian via ordinance as is authorized by Government Code section 27432(b) as it did on May 27, 2007.
If your Board takes Option 2 to consolidate the office of Public Administrator with another County elected office, action must be taken by ordinance on January 28, so the second reading will occur on February 4, and the ordinance would become effective 30 days thereafter and before the end of the period during which persons may file a declaration of candidacy for the newly consolidated offices. The filing period for the upcoming election ends on March 7, 2014.
FINANCIAL IMPACT:
N/A
STAFFING IMPACT:
N/A
ATTACHMENTS:
Attachment A - Ordinance
Attachment B - Ordinance
Attachment C - Ordinance
Attachment D - Ordinance