Delegation of Authority to Board President Policy

PURPOSE

The purpose of this policy is to delegate certain authority to the President of the Board of Retirement (Board President) in the event that SCERS’ Chief Executive Officer (CEO) has, for ethical or legal reasons, recused him/herself from certain personnel-related activities and decisions.

POLICY

Delegation of Authority in the Event of CEO Disqualification or Recusal from Handling Personnel Complaints and Decisions

SCERS is subject to various laws and policies that confer rights and protections to SCERS’ employees. Among those is the right to submit a personnel complaint about a supervisor, and to have that complaint promptly reviewed and potentially acted upon by the next-level authority.

This policy creates a mechanism for effectuating employees’ rights when the CEO is the subject of a personnel complaint. Under Government Code section 31522.2, the CEO is appointed by, and reports only to, the Board of Retirement (Board). The Board, however, can only take action at regular monthly meetings and within the strictures of the Brown Act. If a complaint is submitted about the CEO, and that complaint triggers a need for a next-level authority to take prompt action, the Board is not well-situated to react.

To address the above scenario, the Board hereby delegates to the Board President the following powers and responsibilities:

To receive and review personnel complaints about the CEO;
To receive and review any other personnel complaints that the CEO, in his/her sound judgment, decides to recuse him/herself from handling;
To take, or considering taking, interim actions that, in the judgment of the Board President, are appropriate to help SCERS comply with law or policy, protect the parties, and/or de-escalate conflicts and disputes, until the next Board meeting;
To consult with executive leadership, including SCERS’ General Counsel – or outside counsel if the General Counsel recuses him/herself – to determine the appropriate interim actions; and
To report any interim actions taken to the Board at its next meeting.

“Interim actions” refer to short-term actions appropriate to comply with law or policy, defuse workplace tensions, prevent injury, etc., until the next Board meeting, whereupon the Board can deliberate and take action collectively. Examples of interim actions include initiating a fact investigation (particularly where required by law) or mediating communications. Interim actions do not include formal employment actions such as termination, suspension, etc.

This delegation of authority shall be deemed effective as of June 1, 2021.

AUTHORITY

California Government Code §31522.1
California Government Code §§54950 et seq.
SCERS CEO Delegated Authority Policy for Personnel Matters

RESPONSIBILITIES

Executive Owner: General Counsel

POLICY HISTORY

09/16/2026 – Board amended policy

09/15/2021 – Board approved new policy

SCERS Policy No. 050