4.1a EMRUSR 09-10-20241 Diver ..._
Municipal Utilities
COMMISSION POLICY
Section:
Governance
Category:
Governance Policies
Policy Reference:
Policy Title:
G.2h
Independent Advisors to the Commission
PURPOSE:
The Commission expects to engage the services of independent advisors in order to effectively
perform its functions. With this policy, the Commission establishes and communicates the
purposes for which it may engage independent advisors and the process by which it engages
those advisors.
POLICY:
Independent advisors are engaged to assist the Commission in its governance of ERMU. The
Commission will engage independent advisors in the same manner that it expects management to
engage independent professional service providers for other purposes. Only decisions of the
Commission acting as a legally authorized decision -making body are binding on the independent
advisors. Independent advisors; however, are expected to interact with the General Manager,
management, and staff employees in the course of their work, and may have accountability to the
General Manager.
Consistent with this general statement:
1. The Commission may request and receive recommendations from the General Manager;
however, the Commission will select its independent advisors and the independent advisors
will have a direct reporting relationship and accountability to the Commission.
2. When engaging the services of any independent advisor, the Commission will comply with
all applicable legal requirements, appropriate policies and procedures for requesting,
receiving and evaluating proposals, and for contracting with professional service providers.
Fees for the Commission's independent advisors will be paid from the Commission's budget
account for Governance.
3. The Commission will engage the services of General Counsel to provide required or
appropriate legal advice and assistance on all matters related to the functions and
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ERMU Commission Policy — G.2h Independent Advisors to the Commission
responsibilities of the Commission (individually and collectively) and with respect to actions
taken or contemplated by the Commission. General Counsel will also be available to the
General Manager for legal advice and assistance to management.
4. The Commission will engage the services of a recognized certified public accountant to
conduct required independent financial audits of records and accounts and to provide
required or appropriate financial and accounting advice and assistance with respect to
specific actions taken or contemplated by the Commission.
5. The Commission may engage the services of other independent advisors as may be required
or appropriate to the effective discharge of its responsibilities. These other independent
advisors may include:
a. Financial advisors to provide required or appropriate financial advice and assistance
related to financial planning, issuance of debt, cost recovery, and other specific actions
taken or contemplated by the Commission.
b. Special legal counsel to provide required or appropriate legal advice and assistance with
respect to specific actions taken or contemplated by the Commission.
c. Consulting engineers to provide required or appropriate engineering and technical advice
and assistance with respect to specific actions taken or contemplated by the Commission.
POLICY HISTORY:
Adopted May 9, 2017
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