4. Pub. Util. Code § 311(g)(1)
Section 311(g)(1) requires the draft decision to be (i) served on all parties, and (ii) subject to at least 30 days of public review and comment prior to a vote of the Commission. The draft decision of Administrative Law Judge Kenney was mailed on _________________. Opening comments were filed on ___________, by ___________. Reply comments were filed on _______________, by ______________. These comments have been reflected, as appropriate, in the final decision adopted by the Commission.
1. Pursuant to D.92-04-066, the non-utility, non-government members of the DDTPAC, CRSAC, and EPAC receive per diem compensation of $100, with a monthly per diem limit of $500.
2. In its petition, the DDTPAC asks the Commission to modify D.92-04-066 to (i) increase the amount of per diem from $100 per day to $300 per day, and (ii) increase the maximum monthly amount of per diem compensation that can be claimed by an individual from $500 to $3,000.
3. The Commission's policy for per diem is set forth in D.00-10-028, D.98-07-098, D.98-02-040, D.97-12-105, D.97-12-104, D.97-09-117, and D.97-03-069. The components of this policy are as follows: (i) per diem is not paid to committee members who are employees of pubic utilities, State governmental agencies, or organizations with funding available to support the member's participation in the committee; (ii) for each committee member who is an employee of a non-State governmental agency, trade association, or community-based organization, per diem is paid to the member's employer unless the member can show justification for receiving the per diem; (iii) the amount of per diem paid to eligible committee members is $300 for each day of meetings, and $200 if the meeting lasts for less than approximately two hours; (iv) there is no per diem for preparation work or meetings of any subcommittees; (v) committee members are not eligible to receive intervenor compensation pursuant to Pub. Util. Code § 1801 et seq., for their work related to the committee; and (vi) there is no monthly cap on the amount of per diem that a committee member may receive.
1. Members of the DDTPAC, CRSAC, and EPAC should receive per diem in accordance with the Commission policy set forth in D.00-10-028, D.98-07-098, D.98-02-040, D.97-12-105, D.97-12-104, D.97-09-117, and D.97-03-069.
2. A Program Manager, or equivalent level, in the Commission's Telecommunications Division should approve claims for per diem. Funds to pay the per diem should come from the DDTP budget.
3. Future audits of the DDTP should be expanded to include an examination of the veracity and accuracy of claims for per diem.
4. The DDTPAC, CRSAC, and EPAC should revise their governing documents to reflect today's decision. The Committees should provide a draft of the revised documents to the Director of the Telecommunications Division no later than 90 days from the effective date of this decision. The Director, after consulting with the Legal Division, should prepare for the Commission's consideration one or more resolutions regarding the adoption of the revised governing documents.
5. The following order should be effective immediately so that its provisions may be implemented expeditiously.
IT IS ORDERED that:
1. The members of the Deaf and Disabled Telecommunications Program Administrative Committee (DDTPAC), the California Relay Service Advisory Committee (CRSAC), and the Equipment Program Advisory Committee (EPAC) shall not receive per diem if they are employed by (i) a public utility, (ii) State governmental agency, or (iii) organizations with funding available to support the member's participation in the DDTPAC, CRSAC, and/or EPAC.
2. For each member of the DDTPAC, CRSAC, and/or EPAC who is an employee of a non-State governmental agency, trade association, or community-based organization, per diem shall be paid to the member's employer unless the member can show justification for receiving the per diem.
3. The amount of per diem provided to eligible members of the DDTPAC, CRSAC, and EPAC shall be $300 for each day of meetings, and $200 if the meeting lasts for less than approximately two hours. There shall be no monthly limit on the amount of per diem.
4. There shall be no per diem for preparation work or meetings of any subcommittees of the DDTPAC, CRSAC, and EPAC.
5. Members of the DDTPAC, CRSAC, and EPAC members shall not be eligible to receive intervenor compensation pursuant to Pub. Util. Code § 1801 et seq., for their work related to these Committees.
6. Claims for per diem shall be approved by a Program Manager, or equivalent level, in the Commission's Telecommunications Division.
7. Funds to pay the per diem shall come from the Deaf and Disabled Telecommunications Program (DDTP) budget.
8. Future audits of the DDTP shall include an examination of the veracity and accuracy of claims for per diem.
9. The DDTPAC, CRSAC, and EPAC shall revise their governing documents to reflect today's decision. The Committees shall provide a draft of the revised documents to the Director of the Telecommunications Division no later than 90 days from the effective date of this decision. The Director, after consulting with the Legal Division, shall prepare for the Commission's consideration one or more resolutions regarding the adoption of the revised governing documents.
10. The petition to modify Decision 92-04-066 filed by the DDTPAC is granted and denied to the extent set forth in the previous ordering paragraphs.
11. This proceeding is closed.
This order is effective today.
Dated , at San Francisco, California.
