LAFCo MSR Accountability in an Open Data Climate. CALAFCO Staff Workshop April 7, 2017

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1 LAFCo MSR Accountability in an Open Data Climate CALAFCO Staff Workshop April 7, 2017

2 A lack of transparency results in distrust and a deep sense of insecurity. Dalai Lama A democracy requires accountability and accountability requires transparency. President Barack Obama

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4 Agencies flying under the radar City/County managers wrestling with how to provide better oversight (of JPAs) Self-realization = I had a limited view of MSR accountability Share learnings Aha moment!

5 CKH MSR Determination: Accountability for community service needs greater transparency = more accountability

6 Speaker/Topic Lineup Speaker/Topic Lineup Don Cameron Raisin City Water District Dillon Gibbons CSDA Rachel Jones Marin LAFCo Dillon Gibbons CSDA Case Study in Agency Transparency CSDA/SDLF Transparency Certification Marin County Grand Jury Web Transparency Report Card Web Resources for Special Districts

7 Don Cameron Board Member

8 We were working in the dark of night No transparency No notices No rules No purpose

9 New Day Introspection Discussion Decisions

10 Vision Purpose Goals Future Success

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13 SDLF is a an independent, non-profit organization formed to promote excellence in governance and management among California s special districts through certification and other recognition programs.

14 What s Driven the Demand for Transparency? Technology Radio Shack ad from 1991

15 Constituents Want and Expect Information NOW!!! Same products and more fit in your pocket

16 City of Bell Scandal

17 How the Certificate was Created

18 DISTRICT TRANSPARENCY CERTIFICATE OF EXCELLENCE Checklist 3 Sections: Basic Requirements Website Requirements Outreach/Best Practices

19 STEP #1 Basic Legal Requirements - Examples: Ethics Training for Every Board Member Access to Reimbursement Documentation Timely Filing of Compensation/Financials Completed Annual Audits Updated Policies related to: Conflict of Interest Code of Ethics/Values/Board Norms Financial Reserves

20 STEP #2 Website Requirements - Examples: Current Budget +last 3 years of audits Election procedure & deadlines Last 6 months of Board meeting minutes Compensation of Board Members and staff Online/downloadable PRA request form Map of district boundaries/service area

21 Step #3

22 To Date: 116 districts have met the certificate requirements!!!

23 That s Not Good

24 Challenges

25 How Does This Information Help You?

26 Biggest Threat to Public Agencies

27 What Does The Future Hold?

28 Dillon Gibbons Legislative Representative California Special Districts Association

29 MARIN COUNTY GRAND JURY WEB TRANSPARENCY REPORT CARD

30 WEB TRANSPARENCY REPORT CARD (WTRC) OBJECTIVE The Importance of Government Websites Information Gathering Accessibility Accountability Marin residents are likely unaware of all the various agencies that serve them

31 Internet The most common source of information State Law Requires Transparency The Ralph M. Brown Act SB 272 Transparency Checklists

32 Web Transparency Checklist Criteria OVERVIEW BUDGET MEETINGS Mission Statement, Description Services / Functions, Boundary of Service Area Current Fiscal Year, Three Years Prior, Financial Reserves Policy Board Meeting Schedule, Archive of Agendas & Minutes from Last Six Months 4 ELECTED & APPOINTED OFFICIALS Board Members, Election Procedures / Deadlines, Compensation 5 ADMINISTRATIVE OFFICIALS General Manager and Key Staff 6 AUDITS Current Financial Audits and Three Years Prior 7 CONTRACTS Requests for Proposals, Instructions on How to Submit Bids or Proposals 8 9 PUBLIC RECORDS REVENUE SOURCES Online / Downloadable Public Records Act (FOIA) Fees for Services and Bonds, Taxes, and/or Grants OTHER Agency Specific Criteria

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34 WHAT CAN LAFCO S LEARN FROM (OR BRING TO) THIS PROCESS? ENCOURAGE TRANSPARENCY AND PROPOGRATE BEST PRACTICES CIVIC ENGAGEMENT RELATIVE TO MUNICIPAL SERVICE REVIEWS CREATING ONE RUBRIC ACROSS AGENCIES

35 WEB RESOURCES FOR SPECIAL DISTRICTS

36 SPECIAL DISTRICT WEBSITE STATISTICS All Special Districts Of the 2,050 independent special districts 1,027 do NOT have a website. 50.1% CSDA Members Of the 849 CSDA member districts only 237 districts do NOT have a website. 28%

37 WHY DISTRICTS DON T HAVE WEBSITES Money Personnel Legal requirements No penalties for not having one

38 MONEY For CSDA members, 72% of districts without websites have annual revenues below $350,000

39 PERSONNEL Is the General Manager also the janitor, handyman, landscaper, and IT professional?

40 LEGAL REQUIREMENTS There are numerous legal requirements a districts must follow IF the have a website Agenda posting Meeting minutes List of enterprise systems Financial Transaction Reports Compensation Reports ADA compliance

41 Legislative Trends

42 Websites Mandatory

43 IS CALIFORNIA NEXT? Proposition 42 Public Information passes with 61% of voter approval State no longer responsible for reimbursing Brown Act or Public Records Act mandates. Healthcare District Reform All healthcare districts will be required to have websites May see increased effort to pass new laws now that state does not have to pay for local agency expenses.

44 THE BROWN ACT: HOME AGENDAS (NEW!) What it is: AB a brand new law dictating that agencies post the most recent agenda directly on the homepage of their website, in an electronically searchable / retrievable platform-independent format. (2019)

45 PUBLIC RECORDS ACT: SB 272 (NEW-ISH) What it is: Enterprise System Catalog requiring local agencies to create a catalog of enterprise systems that fit certain criteria, make it publicly available upon request, and post it in a prominent location on the website if they have one.

46 PUBLIC RECORDS ACT: AB 2853 (NEW!) What it is: In addition to maintaining public records for public inspection during the office hours of the public agency, a public agency may comply with subdivision (a) by posting any public record on its Internet Web site and, in response to a request for a public record posted on the Internet Web site, directing a member of the public to the location on the Internet Web site where the public record is posted.

47 Why are CSDA Members Ahead of the Game?

48 STREAMLINE Agenda notifiers and meeting dashboard Transparency guidelines built-in Section 508 compliant and mobile friendly Grants users complete control over their content, navigation menus, and more All inclusive monthly fee: no contracts, unlimited support and hosting Free SB 272 compliance tool Whatever laws come next, Streamline will be here to help with compliance.

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50 OPTIONS FOR DISTRICTS AND OTHER PUBLIC AGENCIES Design a website themselves Civic Plus - More than 20 years of experience, focused exclusively on local governments Any web Designer Thousands of choices

51 Dillon Gibbons Legislative Representative California Special Districts Association