The District is governed by a five-member Board. The Board has the power and duty to manage and conduct the business and affairs of the District as provided in the Irrigation District Law. All powers, privileges, and duties vested in and imposed upon the District by law and the Irrigation District Law shall be exercised and performed by the Board, except as such Board shall delegate executive, administrative, and ministerial powers to officers and employees of the District, as provided in this Code. The District’s policies, mission, goals, and programs are established by a majority of the Board at public meetings.
The Directors of the District, a Subsidiary District of the City of Encinitas, are the mayor and members of the Encinitas City Council. The term of office for each Director will coincide with the City Council term. Each Director shall take and file the official oath of office and shall file the required financial disclosure statement within 30 days of taking office.
(Res. No. 2020-02, adopted 5/20/20)
At the first regular meeting held after the first Friday in December of each year, or in the next meeting held immediately thereafter, the members of the Board shall elect from its members a president and a vice-president and shall appoint a secretary and treasurer, who shall each hold office at the pleasure of the Board. (Water Code Sections 21375, 21376.)
Except as otherwise determined by the Board, the Deputy Mayor of the City of Encinitas will serve as President; the Mayor of the City of Encinitas will serve as Vice President; pursuant to City of Encinitas Municipal Code Section 2.24.070(C), the City Manager of the City of Encinitas will serve as Secretary; and the Finance Director of the City of Encinitas will serve as Treasurer.
Section 2.2.1. 
President. The President is the presiding officer at the Board meetings. The duties of the President are to assure that the business of the Board is conducted in an orderly and business-like manner, to appoint committees, and to perform such other duties as may be required by law or delegated by the Board.
Section 2.2.2. 
Vice President. In the absence of the President, or in the event of his or her inability to perform his or her duties, the Vice President shall perform the duties of the President.
Section 2.2.3. 
Secretary. The Secretary, or his or her designee, shall record all minutes of meetings of the Board, keep the records of the District, and perform such other duties as may be delegated by the Board, provided however that the Secretary shall execute all contracts entered into in accordance with Article 8 of this Code.
Section 2.2.4. 
Treasurer. The Treasurer shall cause the accurate accounting of all funds collected by and for the District and records to be kept of all deposits, bonds, and securities held by the District. The Treasurer is responsible for making investment decisions according to District policy. The Treasurer shall cause the making of all payments by warrants drawn against the District funds.
The Treasurer shall file with the Secretary a verified written report and warrant list, which shall be provided to the Board at each regular monthly Board meeting.
(Res. No. 2020-02, adopted 5/20/20)
Section 2.3.1. 
Ethical Conduct. It is the policy of the District to maintain the highest ethical standards for its Directors. The proper operation of the District requires that decisions and policy be made within the proper channels of governmental structure, that public office not be used for personal gain, and that Directors remain objective and responsive to the needs of the public they serve. Accordingly, it is the policy of the District that Directors and District employees maintain the highest standard of honesty and fairness in carrying out their duties. This Article sets forth the minimum ethical standards to be followed by the Board. The objectives of this policy are to: (1) provide guidance for dealing with ethical issues, (2) heighten awareness of ethics and values as critical elements in Directors’ conduct, and (3) improve ethical decision-making and values-based management.
Section 2.3.2. 
Responsibility of Public Office. Directors are obligated to uphold the Constitution of the United States and the Constitution of the State of California. Directors will comply with applicable laws, including but not limited to, laws regulating their conduct, including conflict of interest, financial disclosure and open government laws. Directors will strive to work in cooperation with other public officials unless prohibited from so doing by law or officially recognized confidentiality of their work.
Section 2.3.3. 
Attendance at District Functions. Directors and key personnel may attend conferences on an expense basis when authorized by the Board. The following expenses will be considered as just and reasonable:
(a) 
Registration fees.
(b) 
Meals and lodging within reason.
(c) 
Tips and parking fees.
(d) 
Travel expense.
(e) 
Use of personal auto based on mileage as established by the Board.
Directors and employees shall file an expense sheet with the office before costs may be reimbursed to those attending conferences. Advance registration fees and expense money will be deducted from the expense account before reimbursement is made. Mileage is to be computed on road miles by the most direct route. The Secretary or his or her designee may issue an advance to cover anticipated expenses of District employees attending meetings or conferences. District employees who receive an advance shall file an expense sheet and repay any amount which was not used for authorized expenses within 30 days of the meeting or conference attended.
Section 2.3.4. 
Director Compensation. For a Director to be paid a lawfully established per diem, for an authorized meeting, conference, or activity, or for reasonable and necessary travel to and from an authorized meeting, conference, or activity, it must be: (1) a “meeting” as defined in subdivision (a) of Government Code Section 54952.2 of the Brown Act; (2) committee meetings of the public agency; (3) a conference or organized educational activity conducted in compliance with subdivision (c) of Section 54952.2 of the Government Code; or (4) other meetings or activities specifically listed in this section, which shall include the following:
(a) 
Each day’s attendance at regular, special, and adjourned meetings of the Board; and
(b) 
Each day’s attendance at regular, standing, or ad hoc committee meetings;
(c) 
Each day’s attendance at authorized meetings, conferences, or activities listed in the “Authorized Meetings, Conferences, and Activities” that are open to the public, at which topics of general interest to the public or to public agencies are discussed and which are hereby deemed as functions attended in an official capacity as a member of the Board.
The Board may authorize the payment to a Director for acting under the order of the Board for any additional meetings. Any director attending an activity not listed below must receive the Board President’s prior approval if compensation will be requested.
Pursuant to Water Code Section 21166, compensation for each Director shall be $100.00 for attending meetings of the Board and regular, standing, or ad hoc committees. Directors will be paid $50.00 a day for attending meetings of the American Water Works Association, Association of California Water Agencies, educational trips of the Metropolitan District of Southern California, and other meetings when authorized by the Board or this Code section.
Director compensation is limited by Water Code Section 21166 to no more than six days in any calendar month. Directors will be reimbursed for actual and necessary expenses when acting under orders of the Board.
The representative to the San Diego County Water Authority (“Water Authority”) shall be paid by the Water Authority for attendance of Water Authority meetings or meetings on behalf of the Water Authority.
Section 2.3.5. 
Board Members Availability to Public. The staff of the District should attempt to satisfy customers’ complaints. If a customer has a complaint which cannot be satisfactorily settled by the staff, the staff shall advise the customer of their right to appear in person before, or make a written request to, the Board. If a customer desires to appear before the Board, he or she should notify the General Manager in advance. By advance notice, the staff will be prepared with information required by the Board to make a decision without postponing to gather information.
(Res. No. 2020-02, adopted 5/20/20)
One representative of the District shall be designated and appointed by the President, with the consent of the Board, to serve a one-year term as a member of the Board of the San Diego County Water Authority. The representative may be recalled by a majority vote of the District Board. The representative shall periodically report to the Board of the District regarding the activities of the County Water Authority.
(Res. No. 2020-02, adopted 5/20/20)
Committees may be established that are advisory to the Board with respect to the matters within their respective responsibility. Committees may be standing or temporary ad hoc. At the first Board meeting in the January following an election year, the Board shall determine which committees shall be activated and the President shall appoint up to two members of the Board to serve on each committee to fill any vacancies, as needed. Committee members will serve until appointments are otherwise changed by the Board President with a majority of the Board’s approval. The Board may authorize other committees to perform specific tasks or studies or assign special duties to standing committees.
(Res. No. 2020-02, adopted 5/20/20)
Section 2.6.1. 
Ralph M. Brown Act. All meetings of the Board, whether regular, adjourned regular, special, adjourned special, or emergency, shall be conducted in accordance with the provisions of the Ralph M. Brown Act, which shall govern should there be any conflict between said act and these rules. Teleconferencing shall be allowed as provided in the Brown Act.
Section 2.6.2. 
Time, Place, and Notice of Regular Board Meetings. The Board shall hold regular meetings on the third Wednesday of each month at 5:00 p.m. in the City of Encinitas Council Chambers, 505 South Vulcan Avenue, Encinitas, California. An agenda shall be posted as provided in this Code at least 72 hours prior to the meeting.
Section 2.6.3. 
Special Meetings and Emergency Meetings. Government Code Section 54956 provides that a special meeting may be called at any time by the President of the Board or by members of the Board constituting a majority of the Board. Notice of the special meeting shall be posted and delivered in the manner required in Government Code Section 54956 at least 24 hours before the time of such meeting. In case of an emergency as described in Government Code Section 54956.5, the Board may hold an emergency meeting without complying with the 24-hour notice requirement.
Section 2.6.4. 
Agendas.
(a) 
Posting. Agendas for all meetings of the Board shall be posted in a location/locations accessible to the public in accordance with the provisions of the Brown Act.
(b) 
Distribution. Each member of the Board shall receive a copy of the agenda prior to the meeting. Agendas of public meetings and other writings, when distributed to a majority of the members of the Board for discussion at a public meeting, are public records and shall be available for public inspection.
(c) 
Public Comments. Meeting agendas shall provide an opportunity for members of the public to address the Board on any item within the jurisdiction of the District at the beginning of the agenda. Board members and staff may respond to statements made or questions asked by members of the public during the period for public comment and may refer such matters to staff for review and subsequent discussion; however no action may be taken on a public comment item until it has been agendized. Public comments on agenda items, non-agenda items, and during public hearings shall be subject to the same policies and procedures as Encinitas City Council meetings, as provided in the City’s Administrative Manual and amended from time to time.
(d) 
Consent Calendar. The consent calendar shall consist of items which appear to be routine or ministerial in nature on which no Board discussion will be required. Before adopting the consent calendar, the President will ask members of the public and Board Members whether anyone wishes to add an agenda item to the consent calendar or to move a matter from the consent calendar to the regular agenda. The Board will then proceed with consideration of the remaining consent calendar. The consent calendar will be acted upon in one motion. There will be no separate discussion of these matters. Items pulled from the consent calendar will be considered immediately following adoption of the remaining consent calendar, and staff reports will only be given if requested by the person who pulled them.
(e) 
Agenda Items. The General Manager or his/her designee will be responsible for developing the agenda for each Board meeting. Agenda items will be generated by the need to conduct the District’s business in a timely manner. The General Manager is authorized to place items on agendas that are generated by District administrative requirements, laws, or policies, such as warrants, contract awards, appeals, adoption of ordinances or resolutions, and applications or other proceedings requiring Board approval.
The General Manager is responsible for presenting the agenda and all necessary background materials and staff reports to the Board for their consideration. The General Manager shall review with the Board President, or the Vice-President in the absence of the President, the agenda for regular meetings of the Board.
Board Members may add a “Board Member Initiated Agenda Item” to a future Board meeting agenda. Board Member Initiated Items are prepared by the requesting Board Member and require no staff time. Board Member Initiated Items must be submitted to the Board Secretary no later than noon on the Wednesday prior to the next City Council meeting and are not reviewed by the Board President or General Manager prior to submission to the Board Secretary.
In addition, items may be added to a future Board meeting agenda in the following ways:
(1) 
The President gives an express oral direction to the General Manager.
(2) 
Requests from members of the audience, after being authorized to speak, may be added to a future agenda by a Board Member as a Board Member Initiated Agenda Item, as discussed above.
(3) 
If a Board Member disagrees with the President’s direction to the General Manager, the Board Member can make a motion to vote on the addition of the item. The vote is without Board Member discussion of the merits of the item or the basis of the request.
(4) 
The President may, with the support of a majority of the Board, refer items to a committee for further review.
An item may be added to a Board meeting agenda already posted, or a meeting already in progress, only in accordance with the Brown Act.
The General Manager will maintain a list of pending agenda items that have been requested and agreed to, but have not yet been scheduled. The list will be included as an attachment to the Board agenda with the General Manager’s best estimate of when the item is likely to come before the Board.
(f) 
Written Requests to Receive Agendas. Members of the public wishing to receive agendas shall submit a request in writing to the Encinitas City Clerk.
(g) 
Modifications. With the consent of the Board, the President may modify the order of items on the agenda. No action or discussion may be undertaken on any item not appearing on the posted agenda, except as allowed by the Brown Act and as follows:
(1) 
Upon a determination by a majority vote of the Board that an emergency exists as defined in the Brown Act;
(2) 
Upon a determination by two-thirds vote of the Board members present at the meeting, or, if less than two-thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the District subsequent to the agenda being posted;
(3) 
The item was posted for a prior meeting of the Board occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which the action was taken.
Section 2.6.5. 
Order and Procedure at Meetings. Except as otherwise required by law, all meetings of the Board shall be conducted in an orderly manner designed to expedite the business of the Board. Robert’s Rules of Order will be used as a guide to resolve questions of parliamentary procedures. The District Counsel shall serve as the Parliamentarian.
Section 2.6.6. 
Rules of Debate and Decorum. Debate upon all matters pending before the Board shall be under the direct supervision of the President and conducted in such a manner as to expedite the business of the Board, subject to the procedural rules of the Board and Robert’s Rules of Order.
The use of personal electronic devices on the dais shall be limited to official agenda-related tasks and emergency notifications. If, in the opinion of the President, a Board Member’s use of an electronic device is disruptive to Board deliberations or disrespectful to the public, the President may request that the Board Member cease his or her use of such device.
Every Board Member desiring to speak shall so indicate by using the “request to speak” button on the display screen or otherwise address the President. Upon recognition by the President, the Board Member shall confine remarks to the item under consideration, avoiding remarks regarding the personalities involved or avoiding indecorous language. A Board Member, once recognized, shall not be interrupted when speaking unless it is to call the Board Member to order. If a Board Member while speak is called to order, the Board Member shall cease speaking until the question of order is determined. No Board Members shall make a statement representing the District’s position or policy unless supported by a motion or resolution of the Board.
Section 2.6.7. 
Quorum. A quorum necessary for the transaction of business at any meeting of the Board, shall be declared to exist whenever there are at least three Directors present. Any meeting of the Board at which a quorum is not present may be continued until a quorum is present to transact the business of the District. A quorum is not required to adjourn a meeting.
Section 2.6.8. 
Voting. Except as otherwise provided by law, the decisions of the Board shall be expressed and determined by motions made and adopted by a majority of the members of the Board present. A roll call shall be taken if requested by any Director. A roll call vote shall be taken on all resolutions. If statutorily required, the district may adopt an ordinance as authorized.
Unless a member of the Board audibly votes in the negative, silence shall be recorded as an affirmative vote. An abstention shall be recorded as a vote with the majority. The Board Member abstaining may state a short sentence explaining the reason for abstaining and this sentence shall be included in the minutes. Notwithstanding, in the event of a conflict of interest, the conflicted Board Member is considered absent for purposes of both a quorum and a vote.
Section 2.6.9. 
Resolutions. Legislative action of the Board may be taken by resolution, unless otherwise required by law. Except as otherwise required by law, resolutions shall be adopted by the affirmative vote of the majority of the Board.
Administrative, executive, or ministerial actions of the Board may be taken by resolution or motion duly noted in the record of the meeting, at which the motion is made.
Actions to levy, impose, fix, adjust or increase taxes, charges, fees or rates, shall be taken by resolution. All resolutions shall be prepared or approved as to legal form and legality by the District’s General Counsel. Resolutions may be adopted at any meeting subject to the provisions of the Ralph M. Brown Act (Government Code Section 54950 et seq.).
The title of resolutions shall be read prior to approval.
Section 2.6.10. 
Minutes of Board Meetings and Resolutions. The minutes of the meetings of the Board shall be prepared and kept permanently by the Secretary, or his or her designee, in a book maintained for the purpose entitled “BOOK OF MINUTES OF THE BOARD OF DIRECTORS, SAN DIEGUITO WATER DISTRICT.”
Unless otherwise directed by the Board at the time of their adoption, resolutions adopted by the Board may be referred to in the minutes by number and title only, but the same shall be recorded in full in books kept for that purpose entitled “BOOK OF RESOLUTION.” The President and Secretary shall authenticate the minutes and resolutions after they have been transcribed and approved by the Board, and when so authenticated shall constitute the official minutes and resolutions of the Board of San Dieguito Water District.
Minutes shall be prepared in condensed form and shall satisfy all legal record keeping requirements, and provide in a clear and concise manner, an accurate report of all actions taken by the Board.
Section 2.6.11. 
Closed Session. Closed sessions may be held during a regular or special meeting for the purpose of discussing matters permitted by law to be discussed in closed session, including but not limited to, real estate negotiations, existing or anticipated litigation, liability claims, public employee appointments, evaluations and discipline, and labor negotiations. Closed session items must be briefly described on the posted agenda and the description must state the specific section of the Brown Act authorizing the closed session. If the Board intends to convene a closed session, the Board must make a public announcement prior to the closed session discussion. The Board shall publicly report at the public meeting during which the closed session is held or at its next public meeting certain actions taken and voting, as specified in the Brown Act.
Section 2.6.12. 
Adjourned Meetings. The Board may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment. Less than a quorum may so adjourn from time to time. If all members are absent from any regular or adjourned regular meeting, the Secretary may declare the meeting adjourned to a stated time and place and shall cause a written notice of adjournment to be given. If a meeting is adjourned for less than five calendar days, no new agenda need be posted so long as a new item of business is not introduced. A copy of order or notice of adjournment shall be conspicuously posted on the door of the Board Room within 24 hours after the time of adjournment.
Section 2.6.13. 
Continuance. Any meeting or hearing continued to another date may be continued or recontinued to a subsequent time. If the meeting or hearing is continued to a time less than 24 hours after the time specified in the order or notice of meeting or hearing, a copy of the order or notice of continuance shall be posted immediately following the meeting at which the order was adopted.
Section 2.6.14. 
General Meeting Rules. The general meeting rules of the City of Encinitas, as provided in the City’s Administrative Manual and may be amended from time to time, shall apply to meetings of the Board. These rules include, but are not limited to: no smoking, no alcohol, no pets (except service animals), etc.
Section 2.6.15. 
Disruption of Meetings. In the event any meeting of the Board is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by removal of individuals who are willfully interrupting the meeting, the members of the Board conducting the meeting may order the meeting room cleared and continued in session. Only matters appearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. The Board may establish procedures readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.
(Res. No. 2020-02, adopted 5/20/20)