CSDA Board of Directors Meeting July 9th, 2013 Meeting Minutes Name Dr. Steven Golightly Matt Brega Iliana Rodriguez David Oppenheim Lisa Bispham Megan Greene (absent) Kathy Sokolik Dawn Mayer Maria Carlomagno-Brice Janet Nottley Jamie Murray Vic Rea Adele Hendrickson (by phone) Marie Girulat Terrie Hardy-Porter Michael Welty Lisa Mendenhall (by phone) County Los Angeles County CSSD Alameda County DCSS San Mateo County DCSS CSDA CSDA CSDA Santa Cruz/San Benito Regional DCSS Glenn County DCSS Lassen County DCSS Napa County DCSS Sutter County DCSS San Bernardino County DCSS Central Sierra Child Support Agency San Diego County DCSS Sacramento County DCSS CSDA Accountant ADP Representative I. Welcome and Introductions Terrie Hardy-Porter welcomed the CSDA Board of Directors and began a round of introductions. II. Action Items a. Approval of June 2013 Board Minutes: minutes were approved with no changes. Moved by Golightly, seconded by Brega. All ayes, no nays. b. Accountant CSDA Retirement Plan Review: Michael Welty, CSDA Accountant, and Lisa Mendenhall, ADP Payroll Services Vendor, appeared before Board to provide CSDA Retirement Plan detail. Per Welty, when CSDA pulled away from CSAC, review of suitable retirement plan (similar to CSAC model) was sought by staff and payroll vendor. 401k option plan was established. The goal by Board at the time was to fund twenty-five percent of the plan each year as the employer contribution for eligible staff. Additional element is the “safe harbor” provision. Safe harbor provision includes a four percent match to employee contribution. Safe harbor allows for relief from testing requirements governed by ERISA (tax standing). Testing requirements exists for deferred compensation and 401k retirement plans. Without a safe harbor provision, only two percent contribution would have been available to the Executive Director position as opposed to maximum of four percent. Welty reiterated under the 1 CSDA Board of Directors Meeting July 9th, 2013 Meeting Minutes CSAC model, in 2012, twenty-five percent maximum was available to the Executive Direction position. Upon separation from the CSAC retirement plan model, the only way to reach this maximum is to allow for the safe harbor provision. This includes the Executive Directors employee contribution. Oppenheim stated while he appreciates the retirement benefit specific to his classification he does not want to disadvantage other CSDA employees from maximum retirement benefiting. Mendenhall (ADP) stated an amendment to the current CSDA retirement plan can be made to include all employees at a three percent continuation as opposed to safe harbor. The proposed new plan would include a twenty-two percent employer contribution. Mendenhall provided additional background on the current CSDA retirement plan including detail on social security integration. Using the social security integration option, as opposed to a non-integrated option, creates a disparity in current retirement levels for CSDA employees. Lisa advised retirement plan amendments are allowable to create parity within all staff classifications. Mendenhall to review the due date to make amendments within profit sharing requirements. Under requirement, there may be a need to defer plan amendments to 1/1/14 as a match (within current plan structure) has already occurred. Golightly inquired as to why CSDA staff retirement plan structure is now an issue? Hardy-Porter advised Board members who were involved in the CSAC retirement plan opt out previously had this level of information. New Board members were not privy to this level of detail therefore expert deep dive was needed prior to annual Board review of retirement benefit. Oppenheim inquired of Welty if he has a like client whose retirement benefit plan can be leveraged and shared as an example with the Board. Welty replied he has no similar client at this as part of his practice. Welty clarified retirement plans are based on calendar year (not SFY or FFY) and recommended it may be more practical for Board to take retirement plan action during the new calendar year (1/1/14). Golightly inquired if this action can be added into the CSDA budgeting process. HardyPorter augmented Golightly’s inquiry by adding if retirement plan is adopted as part of CSDA budgeting process, when would retirement plan rates take effect? Welty clarified the contribution levels occur effective the start of a calendar year. Welty advised within 401k private sector retirement plans, differing rate tiers are allowable within varying employment classifications. Whether or not ADP has the flexibility to allow for employer tiers is a question to be addressed. Mendenhall advised from the ADP perspective a third option exists specific to a non-comparability model. The non-comparability model is based on employee age and income towards placing more monies into retirement funding. Oppenheim inquired if there could be a 2 CSDA Board of Directors Meeting July 9th, 2013 Meeting Minutes differing retirement plan rates based on employee hire date. Mendenhall advised yes, this practice is allowable. Oppenheim proposed to move forward to research and adopt revisions to the retirement plan to include a change to safe harbor non- elective three percent rate for all employees and change the profit sharing method from an integrated social security model to a non- integrated. Mendenhall to research allowable aspects and go-forward items for a report back to the Board via Welty. Board to have additional dialogue prior to adopting a retirement plan resolution as part of a personnel items closed session. c. CSDA Committee Structure Chart- : Minor updates (subcommittee chair names) discussed with notes taken by Nottley, to be included in a revised CSDA Committee Structure Chart. d. CSDA Business Plan-: Hardy-Porter reintroduced the CSDA Business Plan from the perspective of assigning core responsibilities to each area based on committee chairs now selected. Hardy-Porter to provide updated Business Plan copy to all Board liaisons for responsibility assignment. e. Stanislaus County DCSS Vital SMART Certificate Request- Tamara Thomas is seeking Board support and approval to continue developing and delivering Vital SMART training. The requirement includes the validation of a professional training organization to certify training delivered through this program. No cost of the trainer or training hours, the only cost is for the materials associated with the training delivery. Rodriguez clarified any County can request the training, of which the training can be delivered locally. If CSDA approves, the training will be available to all Counties based on Tamara Thomas (lead trainer) availability. Murray inquired if there is a timeframe associated with this request of the Board and any associated activities. Hardy-Porter advised the training needs assessment and delivery would be on-going. Brega will announce this training opportunity to Membership and stated he is supportive of this program. Brega advised Alameda County DCSS resource Frank Shipley is available to deliver certified PMP training. Hardy-Porter inquired if a standardized process will be applied to all requests received by Board to endorse membership training certifications. The Board had consensus review and approval of training certification endorsements requests will be made on a case by case basis. Rodriguez made motion to approve the endorsement of the Vital SMART training certification. Seconded by Sokolik. All ayes. No nays. Informational: III. Treasurer’s Report Murray reviewed unrestricted net assets in addition to deficits per handout. Within unrestricted (available) net 3 CSDA Board of Directors Meeting July 9th, 2013 Meeting Minutes assets, $20,742.00 designated for scholarships. Oppenheim advised all County membership dues have been received by CSDA. Murray informed Board the truing up inquiry raised at the May 2013 Board Meeting was reviewed with CSDA Accountant. Per CSDA Accountant, cannot true up per current CSDA tax standing and gap principles. Accrued vacation (monetary value) liability is included in the July 2013 budget packet per request from Board. Golightly inquired as to why CSDA scholarships amount increased by $8.00 month to month. Oppenheim advised interest accrued on total monies available as included in the scholarship fund. IV. CSDA Training Update2014 Annual Conference Proposed Budget- Murray reviewed copy of proposed CSDA annual conference budget for 2014. The 2014 proposed annual conference budget reflects actuals (known final expenses) from the 2013 event. 2014 cost per person for full conference attendance is projected at $415.00. 2014 cost per person for single day attendance is projected at $150.00. Most projected 2014 expenses are close to 2013 amounts. The significant variance is the amount allocated for plenary session speaker fees and travel. This line item has been increased due to responses received from participant evaluations which largely sought improvement in attaining motivational speakers as opposed to program experts. Also from participant evaluations received, food choices will be reviewed for better options. Golightly inquired as to why the profit margin is reducing? Bispham advised she was directed to provide a break even margin as opposed to profit. Oppenheim advised historically $30,000.00 to $40,000.00 was budgeted as vendor contributions. When statewide automation was completed, the big three exhibitors were not as engaged as participating vendors, therefore less anticipated profit. Bispham noted within the 2014 event there is a consideration for LA CSSD total (full conference) registration as opposed to partial per Orange County location. Rodriguez inquired if $25,000 is a realistic expectation concerning 2014 conference exhibitor participation. Sokolik advised there is a core group of vendors who will be engaged in participation regardless of an opportunity to sell, in support of CSDA and California’s child support program. Hardy-Porter advised membership has been briefed concerning the increase in event registration cost. Golightly moved to approve the proposed CSDA 2014 annual conference budget. Carlomagno-Brice seconded. All ayes. No nays. Leadership Institute – Bispham advised the 2013 CSDA Leadership Institute has sold out completely. One CSDA scholarship has been granted for a LCSA institute attendee. 2013 Legal College – Bispham advised a total of 125 spaces are available for 2013 Legal College attendance. Thus far, the maximum has not yet been reached via registration however the event will be marketed during the July 2013 CSDA Membership Meeting. The CSDA 2013 Source Book is available and selling well. Annual Conference Committee Update- Murray advised 2013 Annual Conference Committee debrief occurred in June 2013. Through the participant 4 CSDA Board of Directors Meeting July 9th, 2013 Meeting Minutes evaluation process, many positives were received and areas of opportunities were identified. Leadership and motivational speakers were clearly identified as an event improvement need, by participants. Hardy-Porter advised leadership track was the highest rated. Awards banquet identified as an area of improvement as attendees could not hear presenters and could not understand references made. Given timing of the annually elected CSDA Board seats, dialogue was held concerning the VP and past president roles within conference planning and delivery. Recommendation was made to allow for a more robust role by the planning committee in assisting with plenary and awards banquet development. Girulat made motion to accept page two of the annual conference committee recommendations. Rea seconded. All ayes. No nays. Bispham advised as part of the 2013 CSDA annual conference the Mobile App was well received. Unique Mobile App users totaled 629 (individual devices). Oppenheim requested dialogue be conducted during the August 2013 Board meeting to identify initial contracting needs and subsequent event changes for the 2015 annual conference. 2014 Legal College- Concerning the 2014 Legal College development, Bispham advised (in general) pricing has increased for event space and room rates. As California’s economy continues to improve, vendors are elevating costs. Multiple options included in the proposed 2014 Legal College site location and cost spreadsheet (4 total), reviewed by the Board. Golightly inquired as to why the college is again being facilitated in Northern California. Board advised three year cycle previously agreed to for college rotation. This results in two years of delivery in Northern California and one year delivery in Southern California. Brega made motion for 2014 Legal College to occur at Embassy Suites San Francisco Airport, San Mateo County. Seconded by Mayer. All ayes. No nays. State Budget Update Oppenheim reaffirmed SFY 13/14 budget passed by the State of California. As the economy improves it is noted other Department are starting to formulate major initiatives, funding restoration, or monies augmentation. Oppenheim would like to see a strategic conversation engaged within CSDA membership concerning financial requests which help to achieve programmatic improvement. Oppenheim suggested monies for subsidized employment for NCPs may be an initial area of focus and would be consistent with recent Cal WORKS budget changes (removing barriers to subsidized employment as part of Cal WORKS grant). Board agreed NCPs are the missing population as the SFY 13/14 budget inclusion was geared towards Cal WORKS recipients. Dialogue ensued on the topic including ensuring the story of why and how NCPs employment ties into CPs receiving Cal WORKS grant and a true (family) escape from poverty. Rea suggested this initiative be tacked into the CSDA Emerging Issues Committee. Oppenheim is seeking Board and membership input on budgetary related initiatives that need funding for programmatic impact and improvement. V. Affordable Care Update Sokolik advised clarification was received from the Federal level concerning NCPs ordered to provide medical support however not providing. A hardship exemption will 5 CSDA Board of Directors Meeting July 9th, 2013 Meeting Minutes be offered under this circumstance to ensure a CP will not be penalized. Additionally, the Federal level confirmed child support obligation intercepts will be honored before ACA fines within tax refunds. The employer mandate implementation delay caught all ACA Workgroup members off guard. There will be a gap in coverage concerning the individual mandate if the employer is not providing or under providing. Hardy-Porter clarified there is no need for employer training or outreach given the implementation delay. Additionally, no major current changes to child support program given CPs can be exempted if a NCP was ordered to provide medical support. On the table as an unknown is the question of “affordability”. No ACA Workgroup meeting date is currently set. Sokolik and Oppenheim are to receive the CSDA HMS ACA analysis report on 7/10/13 by 5:00pm, submitted by the vendor. Sokolik advised the HMS ACA analysis report and supporting documents will be updated to CSDA Web site. ACA Phase II is identified as a CSDA, AOC, DCSS outreach and training initiative, post HMS analysis receipt. Oppenheim advised he received a question from DCSS as to whether CSDA will co-train on ACA (with DCSS). Sokolik advised CSDA involvement was dependent on final analysis and available CSDA/LCSA resources. Oppenheim suggested an intermediary strategy is to level set via a second ACA forum, to be delivered to membership and interested stakeholders prior to September 2013. Given the Federal and State levels are rolling back, the ACA implementation landscape of implementation. Board dialogue engaged around IV-D and IV-A partnership to ensure Client awareness of the exchange options and mandates. Sokolik advised a California exchange Silver (level) variant plan exists which provides subsidies to qualifying individuals to assist with out of pocket expenses. If signed up for the silver plan and income is at a certain level, out of pocket expenses will be paid via assistance (additional subsidy). A Board of Directors closed session was convened to discuss CSDA personnel items. Refer to Confidential Closed Minutes maintained by CSDA Board Secretary. Meeting adjourned by Hardy-Porter. 6