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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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(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)
