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Statewide Enforcement Manager/Supervisor Workshop Unified Program Annual Conference 2006

Statewide Enforcement Manager/Supervisor Workshop Unified Program Annual Conference 2006. UPAAG INSPECTION & ENFORCEMENT STEERING COMMITTEE UP REGULATORY PERFORMANCE MODEL WORKGROUP. Statewide Enforcement. Several cases have developed into Statewide efforts – typically UST

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Statewide Enforcement Manager/Supervisor Workshop Unified Program Annual Conference 2006

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  1. Statewide EnforcementManager/Supervisor WorkshopUnified Program Annual Conference2006 UPAAG INSPECTION & ENFORCEMENT STEERING COMMITTEE UP REGULATORY PERFORMANCE MODEL WORKGROUP

  2. Statewide Enforcement • Several cases have developed into Statewide efforts – typically UST • ARCO, 7-11, SBC/AT&T • Prosecutors throughout the State began holding Prosecutor Roundtables • Emphasis was on statewide coordination of enforcement cases • Cal EPA embarked on a variety of enforcement initiatives – eg EPOP

  3. Statewide Enforcement • Local prosecutors working with UPAs on specific cases and started looking at options to better coordinate Statewide cases • Certain individuals took the lead and began meeting to discuss issues

  4. Statewide Enforcement • CFB began discussing coordination and communication concerns • Needed a system to let folks know what was going on with Statewide cases • Needed a system to begin the process of making a case Statewide • Information requests were being sent to UPA’s that were not clear

  5. Statewide Enforcement • CFB began discussing coordination and communication concerns • Logistics of which DA would take the point • Some DA’s were not involved and felt they needed to go ahead with their own prosecution • How to meet and discuss specific cases • Priorities of identified Statewide cases • How to deal with recalcitrants

  6. Statewide Enforcement • CFB began discussing coordination and communication re Settlements • CFB very happy to receive settlements – scholarships to this conference • Felt we needed to work closer on details of settlements • Settlements needed to be discussed with appropriate agencies prior to completion

  7. Statewide Enforcement • Monterey Meeting • Local prosecutors • State Attorney General • CFB Representatives • Adjunct to Prosecutor’s Roundtable meeting

  8. Statewide Enforcement • Discussions led to two CFB recommendation documents • STATEWIDE CASE COORDINATION • ENFORCEMENT SETTLEMENTS

  9. Statewide EnforcementRecommendations on Case Coordination • Identify statewide case • Set up communications network • Identify prosecutorial point of contact (POC) • The prosecutorial POC discuss with other prosecutors. • A State agency POC should be designated when appropriate

  10. Statewide EnforcementRecommendations on Case Coordination • A CUPA POC should be designated. • CFB to establish communication method to inform other UPAs. • CFB POC to discuss details with any prosecutor or UPA staff. • Initial contact to the CFB Enforcement Issue Coordinator. • Investigations should not occur independent of the local UPA.

  11. Statewide EnforcementRecommendations on Settlement Agreements • CFB believes that settlement agreements should follow a consistent methodology • Methodology • fair accounting of efforts expended by individual UPA’s • provide prosecutors with sufficient latitude to negotiate appropriate settlement agreements. • CFB encourages discussion on follow-up administrative requirements or conditions of injunctive relief or compliance mandates.

  12. Statewide EnforcementRecommendations on Settlement Agreements • Reimburse agency costs incurred • Allocate a portion of penalties/fines to the specific UPA’s involved with the investigation or to those major UPA contributors • Allocate a portion of penalties/fines to all UPA’s throughout the State using some equitable process • Allocate a portion of penalties/fines to the CFB for scholarships or training activities

  13. Statewide Enforcement • Recent Settlement SBC/AT&T • Specific conditions of settlement re 25299 fine account • Use for UST enforcement • [Legislative proposal] • Coordinated by San Joaquin County DA’s Office

  14. Statewide Enforcement • Several major cases moving forward at this time. • Testing process and communication with each case and hopefully improving with each • Working with UPAAG Enforcement Steering committee on direction

  15. Statewide Enforcement QUESTIONS? Bill Jones, I&E Issue Coordinator bjones@lacofd.org 323-890-4042

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