Report 2018-120 Recommendation 13 Responses

Report 2018-120: San Francisco Bay Conservation and Development Commission: Its Failure to Perform Key Responsibilities Has Allowed Ongoing Harm to the San Francisco Bay (Release Date: May 2019)

Recommendation #13 To: San Francisco Bay Conservation and Development Commission

To ensure that it maximizes the efficiency and effectiveness of its enforcement and permitting programs, the commission should by January 2020 develop a procedure to identify stale cases. After applying this procedure, the commission should seek appropriate settlements for such cases that preserve or exercise the State's legal rights to resolve violations and levy penalties.

Annual Follow-Up Agency Response From October 2021

Staff developed and implemented case management procedures to identify the oldest unresolved cases and to prevent case resolution progress from stalling. The Enforcement Team is using an Aged Case Status Report and a Closed Case Report to prevent cases stagnation. Staff has also reviewed the oldest cases (opened 2016 or earlier), resolved most of them other than the complex cases with regulatory requirements outside BCDC's control. In addition, Staff has obtained standardized fines or civil penalties in resolving these cases as applicable.

California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented

The Commission reports making significant strides in reducing its overall caseload. In total it has reduced its overall caseload from 284 in December of 2019, to 113 at the end of the 3rd quarter of 2021. Further, the Commission has closed a significant percentage of its case files from 2016 or earlier.

Annual Follow-Up Agency Response From October 2020

Staff has developed case management procedures to identify the oldest unresolved cases and prevent case progress from stalling. The Enforcement Team is using an Aged Case Report and a Closed Case Report to prevent case stagnation. Staff has also reviewed the oldest cases and resolved some of these cases and anticipates resolving all of them by June 2021, except those with permitting requirements outside of BCDC's control. At the meeting last month, staff updated the Enforcement Committee on the efforts and steps to resolve one of the most complex oldest cases.

California State Auditor's Assessment of Annual Follow-Up Status: Pending

Although the commission has taken steps to identify aged cases, it is still working to resolve cases, which it anticipates will be complete by June 2021.

1-Year Agency Response

Staff has developed case management procedures with an Aged Case Report and a Closed Case Report to prevent case stagnation. Staff has also reviewed the oldest cases and has resolved some of these and will be seeking to resolve the remainder as soon as possible.

California State Auditor's Assessment of 1-Year Status: Partially Implemented

Commission staff have developed aged and closed cases reports. In addition, commission staff have resolved some old cases and plan to seek the closure of remaining aged cases; however the total number of closed aged cases remains low. Further, commission staff have not yet developed policies to ensure systematic responses to all aged cases and appropriate settlements.

6-Month Agency Response

In November, staff briefed the Enforcement Committee on the oldest unresolved cases. Several of these cases have since been resolved, and staff is working to resolve the remaining cases while continuing with program improvements and management of other cases.

California State Auditor's Assessment of 6-Month Status: Pending

60-Day Agency Response

Staff is working to develop procedures to resolve backlogged cases and ensure that incoming cases are resolved within established timelines. These procedures will incorporate efforts to resolve cases, including older cases, through settlement, where appropriate.

California State Auditor's Assessment of 60-Day Status: Pending

All Recommendations in 2018-120

Agency responses received are posted verbatim.