Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Board Compensation topic
No spam. Unsubscribe anytime.
Fox Canyon board discusses compensating directors; counsel outlines legal limits and process
Summary
Agency counsel briefed the board on authority under state law to compensate directors, including a maximum initial per‑day rate of $100 and requirements for an ordinance, notice and expense policy. Board members gave direction to staff to draft an ordinance with guardrails but took no formal vote.
The Fox Canyon Groundwater Management Agency discussed whether to compensate its directors on Aug. 27 after agency counsel explained the statutory framework and procedural requirements for paying board members.
Jason Kander of the Ventura County Counsel's Office, serving as agency counsel, told the board that the FCGMA Act itself is silent on director compensation but that Water Code section 2201 authorizes water districts to adopt an ordinance providing compensation of up to $100 per day for attendance at meetings or service at the board's request. He said such an ordinance must be adopted after notice and hearing, the initial rate may be set in the ordinance, and any annual increase above the initial amount is limited to 5% per year.
"The authorization to compensate directors must be in an ordinance. It can't be in a resolution," Kander said during his presentation. He noted additional requirements including published notice, a written policy for reimbursable actual and necessary expenses (meals, travel, lodging), and standardized forms for reimbursements if the board chooses to cover expenses.
Directors expressed support for initiating the process with a conservative approach. Director Tremblay said from an equity standpoint he favored compensating directors and said he would be ready to propose a motion asking staff to draft an ordinance with an initial rate of $100 per day for board and committee meetings, with funding from the operating fund and a policy for actual necessary expenses. Several directors urged preapproval or chair approval for out-of‑meeting travel and attendance at conferences to avoid unvetted travel.
Director Long and others recommended allowing some latitude for discrete, agency‑related events such as litigation‑related meetings, mediations or legislative testimony, subject to preapproval. Director Kelly asked staff to review existing policies used by Ventura County Transportation Commission (VCTC) and other agencies for examples and to ensure transparency around any conference attendance and reimbursements.
Members of the public who spoke at the meeting supported a cautious start limited to board and committee meetings. Daryl Smith asked whether compensation would cover Watermaster duties; a board member responded that the Watermaster role is governed by a separate judgment and compensation there may be prohibited. Oxnard Councilman Bert Perolo supported starting at $100 and urged transparency so other board members know when compensation is paid.
No ordinance was introduced or adopted at the meeting. The item was agendized as a "give staff direction" matter; the chair confirmed staff had sufficient direction to draft a proposed ordinance and policies for future board consideration.
