Wednesday, August 5, 2015

[Marin County] Marin IJ Editorial: ‘Substantial compliance’ is flawed response to pension questions


Sean Svendsen took the morning off work the other day to address the Marin Board of Supervisors.
The Ross resident waited for his turn at the public’s microphone to ask the board a question about the county’s legal rationalization that it had substantially complied with state law when it approved worker pay and benefit increases.
“None of us private citizens get to use this ‘substantial compliance’ argument for anything that the county orders. If we are building a house, we have to follow the building codes.”
He was one of the speakers who questioned the county’s response to a grand jury report that said the county may have violated state law in approving worker pension enhancements without first making information about the projected costs of those contracts available to the public.
State law, on the books since 2001, says public agencies have to make those projected costs available to the public in ample time before voting to ratify the new contracts.
At best, the county has usually given the public two or three days and a rough estimate of the cost. State law says details should be made public at least two weeks before approval. Projected pension costs of changes were usually left unaddressed.
At the time, some of the pension changes, such as reducing the retirement age, were approved as cost-saving measures. Instead, they significantly drove up the county’s pension costs and debt.
The legal advice the current board got questioned whether the state law actually required the county to comply. It also said the county had the detailed reports on the costs available, but the public never asked for the documents.
Even though the county had never informed the public the information was public and available, it had substantially complied with the state requirements, the county’s lawyer advised supervisors.
Svendsen is right; the county should be following the letter of the law, just as it expects residents and businesses to do.
If a taxpayer pays his or her property tax bill on April 11, when it is due on April 10, does the county waive the 10 percent fine because it was close enough? Not likely.
The Board of Supervisors overreached for an excuse. The county’s response to the grand jury should have been that mistakes were made and they won’t be repeated.
Unraveling a decade’s worth of raises, pay changes and pension benefits would not only be impractical, but unfair to workers and retirees.
Who knows whether disclosure would have made a difference in the board’s decision?
Rather than trying to dismantle the grand jury report, county supervisors should own up and promise to follow a state law that, likely, neither staff nor board members were aware of.
“We will follow every statutory required procedure,” promised County Administrator Matthew Hymel, looking forward.
Many other Marin agencies fell far short of complying with state law.
County supervisors have already publicly promised that information about contracts will be available well before they vote to approve them.
Other public boards need to make the same promise.
Taxpayers are not actively involved in negotiations, but they deserve to know, in clear public-friendly details, the short- and long-term costs before the contracts are approved.
Taxpayers have learned, by way of recent tax increases, cutbacks in public services, layoffs and growing public debt, about the costs of pay and pension promises made in the past.
Thanks to the grand jury, both taxpayers and their public boards have learned that the public deserves to be advised of the facts and figures of those contracts, before they are endorsed.
July 11, 2015
Marin Independent Journal

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