title
Agency Staffing and Structure
end
Requested Action(s)
recommendation
Provide direction to staff regarding transitioning to an internal staffing structure for the Agency.
body
Financial Impact:
Background Information:
PRC 40970 authorizes jurisdictions to form a “Regional Agency” to implement the requirements of the Integrated Waste Management Act of 1989, thereby creating a legal partnership of two or more cities or counties to form a waste management agency or authority that is authorized to implement, monitor and report on waste management programs on behalf of its member jurisdictions. In the absence of a regional agency, each jurisdiction is required to fulfill these requirements independently.
The Tehama County Solid Waste Management Agency is a Regional Agency as defined in statute, and has been authorized to implement and report on solid waste programs on behalf of each of its member jurisdictions (County of Tehama, City of Red Bluff, City of Corning, and City of Tehama). Additionally, the Agency has been delegated other responsibilities that are outside of the scope of traditional regional agencies but are commonly incorporated. Such additional tasks include landfill, transfer station or composting facility operation and ownership oversight.
Regional agencies are separate legal governmental entities and are not considered county or city departments; however, in some cases, member jurisdictions may provide some services to the regional agency. In the case of the Agency, the Agency has contracted with the County of Tehama to provide accounting and auditing services, personnel-related support, administration of benefits for the Agency Manager, and staffing for the Agency, as outlined in the attached Administrative Services Agreement, in addition to other services. In return, the Agency is responsible for actual time and expense of personnel used at the Tehama County Auditor-Controller’s office, payment of a quarterly administrative services fee, all actual expenses related to County employees provided to staff the Agency, and any other operational expense of the Agency.
The current arrangement has historically proven to be beneficial to the Agency, but staffing shortages have highlighted that the Agency has little ability to address staffing issues for positions staffed by County-provided employees. Ultimately, the Tehama County Board of Supervisors has the ability to make personnel-related decisions that impact the operation of the Agency. As the Agency is a regional agency, it has contractual responsibilities to all member jurisdictions, unlike County departments, so the ability to address staffing needs to fulfill the Agency’s commitment to all its membership is critical. Further, it is highly likely that if the employer of record were to be challenged in a labor dispute, the Agency would ultimately be found to be the employer as the Agency Manager oversees hiring, training, discipline, promotions and other employee-related matters, although it is typically addressed in consultation with Tehama County Personnel.
At the January 9, 2023 Board of Directors meeting the Board authorized staff to bring back a proposed staffing structure for consideration and Agency staff were authorized to move forward at the April 3, 2023 Board of Directors meeting. Tehama County Personnel asked if Joint Council wanted to meet and confer in an email dated April 20, 2023. After several requests from Tehama County Personnel for a response from Joint Council, their Business Representative responded on September 5, 2023, and agreed to the proposed changes. However, due to unforeseen circumstances unrelated to these proposed changes the Agency did not bring them back for formal adoption by the Board.
Agency staff are seeking to continue this process, and the Board of Directors will need to adopt the resolution establishing the Agency positions, approve the revised Administrative Services Agreement with the County and adopt the Employee Discipline Policy. The County would then remove the positions from the PAL and approve the Administrative Services Agreement. If no changes are requested, these documents will be brought back at the January 5, 2026 Board of Directors meeting for approval.