Report 2018-120 Recommendation 21 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 #21 To: San Francisco Bay Conservation and Development Commission
To ensure consistency in its enforcement program, the commission should by January 2021 create and implement regulations that identify required milestones and time frames for enforcement.
Annual Follow-Up Agency Response From October 2021
On May 7, 2020, the Commission determined that new regulations defining milestones and timeframes would be inappropriate and instead directed Staff to develop internal case management procedures that define milestones (assignment-investigation-negotiation-resolution) and define outer limit timeframes for when a case must move from one milestone to the next. Staff has briefed the Enforcement Committee and the Commission on these procedures, fully implemented them, and continuously improved them to ensure that cases are resolved within targeted time frames. AB-2809 Section 66640.1(b) specifically requires timeframes for resolving enforcement cases and is the regulatory provision aligned with the recommendation. The implementation of the case management procedures with its milestones has resulted in a 40% reduction in the caseload over a 21-month period beginning January 2020 and ending September 2021.
- Completion Date: August 2020
California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented
Although the Commission did not create regulations that identify required milestones and time frames for enforcement it did comply with a related requirement noted in AB-2809 Section 66640.1(b), by establishing internal case management procedures that include timelines for resolving enforcement cases.
Annual Follow-Up Agency Response From October 2020
Staff determined that this is not appropriate for a rulemaking, but staff have developed case management procedures with defined milestones (intake-assignment-investigation-resolution) and with defined outer limit timeframes for each milestone defining when a case can move from one milestone to the next. Staff has briefed the Enforcement Committee on these procedures, and these procedures have been continually tested and improved to ensure that cases are resolved within targeted time frames.
- Completion Date: August 2020
California State Auditor's Assessment of Annual Follow-Up Status: Will Not Implement
We disagree that creating defined milestones for case management is not appropriate for rulemaking. Rulemaking would help ensure staff apply milestones consistently and fairly. Further, it demonstrates to the public under regulation that the commission will do so.
- Auditee did not address all aspects of the recommendation
1-Year Agency Response
Staff have developed case management procedures with defined milestones (Intake-Assignment-Investigation-Resolution) and with defined outer limit timeframes for each milestone defining when cases move from one milestone to the next. These procedures will continue to be tested and improved, and no rulemaking is planned at this point to adopt milestones, although the need for that will also be evaluated.
- Estimated Completion Date: August 2020
- Response Date: May 2020
California State Auditor's Assessment of 1-Year Status: Pending
6-Month Agency Response
In July, staff presented to the Enforcement Committee its new case management system that establishes time lines for new cases and sets milestones for ensuring that cases are resolved as quickly as possible. Staff is continuing to develop this program and will provide an update to the Enforcement Committee in December.
- Estimated Completion Date: January 2021
- Response Date: November 2019
California State Auditor's Assessment of 6-Month Status: Pending
60-Day Agency Response
Staff has presented a proposed program to the Enforcement Committee to establish time frames for new cases and set milestones for ensuring that cases are resolved in a timely manner, and staff is continuing to develop this program, incorporating the input from the Commission, while also evaluating changes that might be needed to BCDC's regulations implement aspects of the proposal.
- Estimated Completion Date: 01/01/2021
- Response Date: July 2019
California State Auditor's Assessment of 60-Day Status: Pending
All Recommendations in 2018-120
Agency responses received are posted verbatim.