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LAFCo MSR Accountability
in an Open Data Climate
CALAFCO Staff WorkshopApril 7, 2017
“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
• 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!
CKH 56430 MSR Determination:
“Accountability for community service
needs”
greater transparency = more accountability
Speaker/Topic LineupCase Study in Agency Transparency
CSDA/SDLF Transparency Certification
Marin County Grand Jury Web Transparency Report Card
Web Resources for Special Districts
Don Cameron Raisin City Water District
Dillon Gibbons CSDA
Rachel Jones Marin LAFCo
Dillon Gibbons CSDA
Speaker/Topic Lineup
Don Cameron Board Member
We were working in the dark of night
No transparency
No notices
No rules
No purpose
New Day
Introspection
Discussion
Decisions
Vision
Purpose
Goals
Future
Success
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.
What’s Driven the Demand for Transparency?
Technology
Radio Shack ad from 1991
Same products and more fit in your pocket
Constituents Want and Expect Information NOW!!!
City of Bell Scandal
How the Certificate was Created
Checklist – 3 Sections:• Basic Requirements• Website Requirements• Outreach/Best Practices
www.sdlf.org/checklists
DISTRICT TRANSPARENCY CERTIFICATE OF EXCELLENCE
STEP #1Basic 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
STEP #2Website 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
Step #3
To Date: 116 districts have met the certificate requirements!!!
That’s Not Good
Challenges
How Does This Information Help You?
Biggest Threat to Public Agencies
What Does The Future Hold?
MARIN COUNTY GRAND JURY WEB TRANSPARENCY REPORT CARD
WEB TRANSPARENCY REPORT CARD (WTRC)
OBJECTIVE The Importance of Government Websites
Marin residents are likely unaware of all the various agencies that serve them
Information Gathering
AccessibilityAccountability
Internet – The most common source of information
State Law Requires Transparency
The Ralph M. Brown Act
SB 272
Transparency Checklists
1
General Manager and Key Staff
2
4
3
5
6
Web Transparency Checklist Criteria
OVERVIEW
BUDGET
MEETINGS
ELECTED & APPOINTED OFFICIALS
ADMINISTRATIVE OFFICIALS
AUDITS
7
9
8
1010
CONTRACTS
PUBLIC RECORDS
REVENUE SOURCES
OTHER
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
Board Members, Election Procedures / Deadlines, Compensation
Current Financial Audits and Three Years Prior
Requests for Proposals, Instructions on How to Submit Bids or Proposals
Online / Downloadable Public Records Act (FOIA)
Fees for Services and Bonds, Taxes, and/or Grants
Agency Specific Criteria
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
WEB RESOURCES FOR SPECIAL DISTRICTS
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%
WHY DISTRICTS DON’T HAVE WEBSITES
• Money• Personnel• Legal requirements• No penalties for not having one
MONEY• For CSDA
members, 72% of districts without websites have annual revenues below $350,000
PERSONNEL
• Is the General Manager also the janitor, handyman, landscaper, and IT professional?
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
Legislative Trends
Websites Mandatory
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.
• May see increased effort to pass new laws now that state does not have to pay for local agency expenses.
• Healthcare District Reform
• All healthcare districts will be required to have websites
THE BROWN ACT: HOME AGENDAS (NEW!)
What it is: AB 2257 - 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)
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.
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.
Why are CSDA Members Ahead of the Game?
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.
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
