(a)
Directors
shall be elected to office in accordance with the Municipal Water
District Law of 1911.
(b)
The
District is divided into five (5) Divisions as shown on the Official
Map of Division Boundaries on file in the District offices. One Director
represents each division.
(c)
Directors
shall be elected on the following schedule: with terms commencing
at the time stated and every fourth year thereafter:
|
Director Representing
|
Schedule
|
|---|---|
|
Division 1
|
December 1961
|
|
Division 2
|
December 1963
|
|
Division 3
|
December 1963
|
|
Division 4
|
December 1961
|
|
Division 5
|
December 1963
|
(d)
The
statement of qualifications of candidates appearing in the official
voter materials shall be limited to 200 words and shall be paid by
the candidate.
(e)
Government
Code section 871013 authorizes the District to adopt campaign contribution
regulations not in conflict with state law. This section is adopted
pursuant to section 871013. Candidates for the office of member of
the Board of Directors shall file a written report with the Registrar
of Voters of the County of Los Angeles which discloses campaign contributions
of $100.00 or more. This report shall be filed on the same form and
at the same time as campaign disclosure statements filed pursuant
to state law. The Secretary shall notify the Registrar of Voters that
the District has adopted this regulation and shall request the Registrar
to provide written notice of this regulation to each candidate.
When a vacancy occurs on the Board outside the election cycle,
the remaining Directors may fill such vacancy by appointment in accordance
with law.
Persons elected or appointed as Directors shall take the oath
of office in the manner and at the time prescribed by law prior to
assuming office. The Secretary shall administer the oath.
[Amended by Res. 2543, 11-15-2018; Res. 2616, 1-17-2023]
(a)
The
officers of the Board shall be a President, a Vice President, a Secretary,
and a Treasurer.
(b)
The
President, Vice President, Secretary, and Treasurer shall be nominated
by the Board at the second meeting in the month of December of each
even-numbered year. An election of nominated officers shall take place
at the first meeting in the month of January of each odd-numbered
year. If the election of officers shall not be held at such meeting,
such election shall be held as soon thereafter as may be convenient.
The following duties are delegated to Officers of the Board
beyond those provided for by statute:
(a)
The
President serves as presiding officer at Board meetings.
(b)
The
Vice-President serves as Parliamentarian and as presiding officer
in the absence of the President.
(c)
The
Secretary is responsible for the accuracy and availability of the
minutes of Board Meetings and the Official Record of all ordinances,
resolutions and orders passed or adopted by the Board. The Secretary
shall certify to the passage and adoption of all ordinances, resolutions
and orders of the Board, to the filing of all documents filed with,
or by order of the Board to the official status, capacity and signature
of all officers and employees of the District, and to all matters
appearing off record in the files and records of the District and
of its Board or of any office or officer of the District.
(d)
The
Treasurer shall receive and deposit monies of the District, certify
checks presented for payment of obligations are correct and supporting
documents available, and shall invest funds.
[Amended by Res. 2513, 4-25-2017; Res. 2514, 5-23-2017; Res. 2552, 3-12-2019; Res. 2549, 4-9-2019; Res. 2570, 3-3-2020; Ord. 286, 1-16-2024]
(a)
Each
Director shall be paid $245.00 for each day's attendance (“per
diem compensation”) at meetings of the Board, and for each day’s
service rendered as Director by request of the Board, not exceeding
a total of ten (10) days in any calendar month. A Director shall be
compensated for no more than one authorized meeting per day even if
more than one meeting is attended in one day.
(b)
Each
representative of the District on the Board of Directors of the Metropolitan
Water District of Southern California shall be paid $245.00 for each
day's attendance at meetings of the Board of Directors of the Metropolitan
Water District of Southern California or committees thereof, and for
each day's service rendered as Director, not exceeding a total of
ten (10) additional days in any calendar month. The representative
shall be compensated for no more than one meeting per day even if
more than one meeting is attended in one day.
(c)
Each
Director, not a representative on the Board of Directors of the Metropolitan
Water District of Southern California, shall be paid $245.00 for each
day’s attendance at meetings of the Board of Directors of the
Metropolitan Water District of Southern California or committees thereof,
not exceeding a total of three (3) days in any calendar month. The
Director shall be compensated for no more than one meeting per day
even if more than one meeting is attended in one day.
(d)
On
the first Board meeting in January of each year, compensation to each
Director and each representative of the District on the Metropolitan
Water District of Southern California Board of Directors shall be
increased prospectively by the October-to-October All Urban Consumer
Price Index for LA-Long Beach-Anaheim, up to a maximum of five percent
(5%), subject to annual review by the Board each calendar year following
the operative date of the last adjustment.
(e)
Directors,
other than Directors who have not been reelected to office, and including
Directors-elect, may be compensated for attending the following meetings:
(1)
General meetings and educational seminars conducted by Association
of California Water Agencies (ACWA), the California Association of
Sanitation Agencies (CASA), California Water Policy Planning Committee,
Association of Water Agencies of Ventura County (AWA), WaterReuse
Association, Southern California Water Coalition, California Special
Districts Association (CSDA), and Colorado River Water Users Association.
At least annually the Board shall determine meetings for which the
Board shall be compensated.
(2)
Any meeting as appointed to serve by the Board as the Board’s
delegate/member.
(3)
Directors may request, verbally to the General Manager or in writing
that the Board authorize attendance at meetings and seminars conducted
by other organizations on subjects related to District operations.
Such request shall be considered by the Board at a meeting of the
Board prior to the subject meeting or seminar. In those cases where
it is not practical to consider attendance at a meeting of the Board
prior to the subject meeting or seminar, the request may be considered
at the next subsequent regular meeting of the Board.
(f)
Directors
shall submit claims for compensation. The Secretary of the Board shall
authorize payment for meetings and service and shall report such payments
at a regular meeting following the month of submittal at which time
the Board may ratify or disapprove payment of the claim(s).
(g)
Directors
shall be entitled to per diem compensation for actual travel associated
with authorized meetings or educational seminars as follows:
(1)
For travel outside California, up to one day prior to the start of
the event and one day following conclusion of the event;
(2)
For travel in California but outside Los Angeles, Orange and Ventura
Counties, up to one day prior to the start of the event or one day
following conclusion of the event; or
(3)
For travel in Los Angeles, Orange and Ventura Counties, per diem
compensation is not normally provided for travel except under extenuating
circumstances as approved by the Board.
(h)
Directors
shall receive a District-paid contribution to medical insurance premiums
equal to the amount that is provided to current active employees.
(i)
Directors
shall receive District-paid dental insurance for themselves, their
spouse or domestic partner and unmarried eligible dependent children.
(j)
Directors
shall receive District-paid vision insurance for themselves. Additional
coverage for dependents may be purchased.
(k)
Life
insurance coverage equal to the sum of $25,000 is provided by the
District subject to the age reduction schedule included in the District
provided plan. Directors not applying within 30 days of the start
of their term will be required to provide medical evidence of insurability.
(a)
A
Director shall be reimbursed for actual, reasonable and necessary
expenses for travel, meals, lodging, registration and similar expenses
incurred on District business.
(b)
The
reimbursement rates for lodging shall not exceed the posted rates
for a trade conference, but if rooms with the posted rates are not
available, the reimbursement rate shall be comparable to the posted
rates. The reimbursement rates for travel and meals shall not exceed
reasonable and necessary amounts, and shall comply with Internal Revenue
Service rules and regulations.
(c)
Claims
for expense reimbursement shall be submitted to the Secretary for
approval. A Director must submit receipts to receive reimbursement,
unless obtaining a receipt is impractical.
Alcoholic beverages and other non-essential expenses including,
but not limited to, in-room movies, service bar, will not be reimbursed.
Expense claims must be submitted within 60 days after the travel is
complete or the expense is incurred.
(d)
Expenses
related to a spouse’s attendance shall not be reimbursed and
must be promptly reimbursed to the District if incurred on the District’s
account.
(e)
During
December, the District shall post on the District website and shall
publish in a newspaper of general circulation a notice of availability
of records of expense reimbursement in the amount of $100 or more
per item paid to Directors and employees. The record of such expense
shall be posted on the official bulletin board during December and
January.
[Amended by Res. 2552, 3-12-2019]
As used in this Article:
[Amended by Res. 2552, 3-12-2019]
[Amended by Res. 2547, 1-29-2019; Res. 2552, 3-12-2019; Res. 2554, 6-25-2019]
(a)
The
Board shall hold regular meetings on the first and third Tuesday of
each month at the hour of 9 o’clock a.m. at the District’s
headquarters.
(b)
The
President, Vice President or Secretary may call a special meeting
upon a twenty-four-hour actual notice to each Director.
(c)
An
emergency meeting may be called by a majority of the Board on less
than twenty-four-hour notice and without an agenda to deal with disruption
or threatened disruption of service by work stoppage, crippling disaster
or other event severely impairing public health or safety.
(d)
Notice
of all regular, special and adjourned meetings must be provided and
posted in accordance with the Brown Act. Seventy-two hours’
notice is required for regular meetings; twenty-four hours’
notice is required for special meetings. Notice of the meeting shall
be posted on-line at LVMWD.com and physically at 4232 Las Virgenes
Road, Calabasas, CA 91302.
[Amended by Res. 2552, 3-12-2019]
(a)
Public
meetings shall be digitally recorded and the recordings retained for
a period of 5 years, and then erased. Closed Sessions shall not be
recorded. The Secretary shall prepare written minutes of meetings
available for public inspection when approved by the Board.
(b)
Person
attending an open meeting of the Board may record the proceeding on
audio or video media unless the Board finds the recording is a persistent
disruption of proceedings.
[Amended by Res. 2552, 3-12-2019]
(a)
The
affirmative vote of at least three Directors is necessary for the
Board to take action. The Board shall take action by motion, resolution
or ordinance. The vote, including abstentions, shall be recorded in
the minutes.
(b)
When
there is no quorum, any member of the Board may adjourn such meeting
or, if no member of the Board is present, the Clerk of the Board may
adjourn the meeting.
(c)
If
a group or groups of persons willfully interrupts the meeting so as
to make orderly conduct unfeasible and order cannot be restored by
the removal of individuals who are interrupting the meeting, the Board
may order the meeting room cleared and continue in closed session.
The Board may establish a procedure for readmitting individuals not
responsible for willfully disturbing the orderly conduct of the meeting.
(d)
The
Board shall not prohibit public criticism of the policies, procedures,
programs or services of the District or of the acts or decisions of
the Board. However, no privilege or protection is conferred for expression
beyond that otherwise provided by law.
(e)
Directors
shall not use electronic devices to communicate with other Directors
or the audience during Board meetings, and shall step out of the room
if a personal communication requires immediate attention.
[Amended by Res. 2543, 11-15-2018; Res. 2552, 3-12-2019]
(a)
The
General Manager shall prepare the agenda. The President shall approve
the agenda before distribution. Should the President modify the agenda
before approving it for distribution, a description of the modification
shall be provided at the meeting prior to approval of the agenda by
the Board.
(b)
The
Secretary shall post an agenda containing a brief, general description
of each item of business to be transacted or discussed at the meeting,
including the items to be discussed in closed session at least seventy-two
hours before a regular meeting, or at least twenty-four hours prior
to a special meeting. Meetings to consider new or increased general
tax or assessment shall be preceded by at least forty-five days’
notice. The posting shall be freely accessible to the public.
(c)
The
agenda shall include the opportunity for the public to address the
Board prior to taking action on any matter. The agenda for regular
and adjourned regular meetings shall include the opportunity for the
public to address the Board on matters within the jurisdiction of
the District but not on the agenda.
(d)
The
agenda shall include an opportunity for a Director to request a matter
be included on the agenda for a future meeting. Should a Director
request that an item be added to a future agenda and another Director
seconds that request, the General Manager and President shall arrange
for the matter to be placed on a future agenda as promptly as feasible.
(e)
No
action shall be taken on matters not shown on the posted agenda, except
members may briefly respond to statements made or questions posed
during public comment; request for clarification; provide a reference
to staff or other resources for factual information; or request staff
to report back to the Board at a subsequent meeting.
(f)
Prior
to discussion of a matter on the agenda, the Board may add matters
to the agenda upon a majority finding an emergency exists or upon
at least a two-thirds vote finding there is a need to take immediate
action and the need for action came to the attention of the District
subsequent to the posting of the agenda. If only three Directors are
present, the finding of the need for action shall be by unanimous
vote.
(g)
The
agenda shall describe matters to be discussed in closed session in
substantially the form required by the Brown Act.
[Amended by Res. 2552, 3-12-2019]
(a)
Board
Agenda Order. At every regular meeting of the Board, the order of
business shall be discussed and acted upon in substantially the following
manner, provided that the Presiding Officer may alter the order of
business with the concurrence of a majority of the Board.
(1)
Pledge of Allegiance.
(2)
Call to Order and Roll Call.
(3)
Approval of Agenda.
(4)
Public Comments for Non-Agenda Items.
(5)
Consent Calendar.
(6)
Illustrative and/or Verbal Presentation Agenda Items.
(7)
Treasurer's Report.
(8)
Action Items.
(9)
Non-Action Items.
(10)
Future Agenda Items.
(11)
Closed Session.
(12)
Open Session and Adjournment.
(b)
Roll
Call. Before proceeding with business, the Board Secretary shall enter
in the minutes the names of all members of the Board present. If any
member of the Board arrives after the roll call or needs to leave
prior to the adjournment of a meeting, the Board Secretary shall enter
in the minutes the time at which such member arrived or left.
(c)
Adoption
of Agenda. After Roll Call, the Board shall review and approve the
agenda. At this time, the Presiding Officer shall ask if the General
Manager proposes any changes to the agenda. Any member of the Board
may move to approve the agenda with or without changes noted (i.e.
removal or reordering of items), except that the addition of items
must conform to the requirements of the Brown Act.
(d)
Consent
Calendar. The Consent Calendar shall consist of routine items for
which staff contemplates no significant discussion by the Board. A
Consent Calendar item may be removed for discussion at the request
of any Board member or the public. A removed Consent Calendar item
will be considered after the Board acts upon the remainder of the
Consent Calendar.
(e)
Special
Presentation. Special presentations may be conducted at any meeting
at the Board's discretion.
[Amended by Res. 2552, 3-12-2019]
(a)
Duty
to Vote. When present, all members of the Board are urged to vote
unless prohibited by law or conflict of interest.
(b)
Voice
and Roll Call Votes. A voice vote will be taken and recorded for every
action taken, and the results of such vote shall be entered in the
minutes of the meeting showing those members of the Board voting aye,
those voting no and those not voting or absent. A roll call vote shall
be taken and recorded when required by law such as when a member of
the Board participates in a meeting telephonically.
(c)
Conflicts
of Interest. A conflict of interest shall be declared whenever appropriate
and in compliance with State law. The affected member of the Board
will step down from the dais and leave the Board room as required
by State law.
(d)
Reconsideration.
Reconsideration of a Board action shall be allowed when a member of
the prevailing majority of the Board at the time the vote on the original
action was taken makes a motion for reconsideration at a meeting following
that at which the original action was taken; provided that no motion
for reconsideration will be entertained after one (1) year from the
time the original action was taken unless the Board determines significant
new information has arisen which warrants such action.
(e)
Approval.
A motion shall be approved with three affirmative votes of members
of the Board, unless otherwise required by law (i.e. 4-vote items).
(a)
Content.
The minutes will be a clear and concise statement of the actions taken
at the Board meeting, including the motions made and the vote thereon.
The minutes shall include the date, hour and place of the meeting;
whether it is a regular, adjourned regular or special meeting; the
names of the members of the Board and staff present and absent; and
any action taken by the Board. If any member of the Board arrives
late or departs before the adjournment, the minutes shall reflect
his or her arrival or departure time. Whenever the Board acts in a
quasi-judicial proceeding, the minutes shall include a complete summary
of the witnesses.
(b)
Preparation.
Minutes shall be prepared by the Board Secretary and presented to
the Board for approval. The Board may then, by motion, make such corrections
as conform to fact and formally adopt the minutes. Members of the
Board are not required to have attended the meeting that is the subject
of the minutes as a condition to vote on approval.
(a)
Process
for Action Items. Consideration of Action Items shall follow the following
process:
(1)
Announcement by the Presiding Officer. The Presiding Officer shall
announce the item under consideration by reference to its listing
on the agenda.
(2)
Staff Report. Responsible staff members shall present a report of
staff regarding the action item.
(3)
Questions of Staff. Members of the Board may ask questions of staff
to clarify the report.
(4)
Public Comment. If any public speaker cards have been received for the item, the public shall be invited to speak on the item using the process described in Section 2-2.120.
(5)
Motions. Any member of the Board may initiate an item for formal
consideration by the Board by making a motion. A member of the Board
may make an independent motion, may make a motion to implement staff
recommendation, or may request assistance from the General Counsel
as to the form of a proposed motion. Upon making of the motion, a
second member of the Board may second the motion. A duly offered and
seconded motion shall be restated by the Presiding Officer or General
Counsel.
(6)
Debate. Before or after any initial motion on any item by any member
of the Board, the members of the Board may debate the item, make comments
relevant to the item, respond to any questions related to the item
and ask questions of staff related to the item.
(b)
Resolutions
and Ordinances. Resolutions and ordinances are formal documents that
record an action of the Board. Resolutions and ordinances are considered
by the Board upon motion and proper second. Resolutions or ordinances
are sometimes required by law or may be recommended by the General
Counsel to record an action of the Board which is considered of particular
importance. Resolutions and ordinances shall be presented using the
District’s standard format. They shall be reviewed and approved
by the General Counsel prior to any presentation to the Board according
to rules and procedures approved by the Board.
(c)
Correct
Legal Document. Upon occasion, resolutions or ordinances are submitted
in longhand or in draft form with on-the-spot amendments. These preliminary
papers may be re-typed in final form; such re-draft, when signed and
attested, becomes the original and proper document to be retained
in the files.
(a)
Processing of Motions. A motion shall be considered pending before the Board following a motion and second by the members Board as described in section 2-2.117(a)(5).
(b)
Division
of Question. If the item contains two or more divisible propositions,
the Presiding Officer may divide the question and require a vote on
each portion of the question.
(c)
Precedence
of Motions. Once a motion is pending before the Board, no other motion
on the matter shall be entertained except those listed below. These
motions have precedence in the order listed:
(1)
Motion to Table. A motion to table an item requires a majority vote.
A motion to table, if passed, requires discussion of the agenda item
to be halted and the agenda item to be placed on hold. The motion
may contain a specific time in which the item can come back to the
Board or the motion may contain no specific time for the return of
the item, in which case a motion to take the item off the table and
bring it back to the Board will have to be taken at a future meeting.
A motion to table is not debatable.
(2)
Amendments. A motion to amend the motion may be entertained only
with the consent of the member who originally made the motion and,
if the motion has been seconded, by the member who seconded the motion.
An amendment modifying the intention of a motion may be considered,
but an amendment relating to a different matter or an amendment that
would alter the original motion so that it relates to a substantially
different matter shall not be considered. Motions to amend a motion
shall be voted upon first, then the main motion, whether or not amended,
shall be voted upon. In lieu of voting upon a motion to amend, the
member who made the original motion may withdraw the original motion
and restate a motion on the same subject with the consent of the member
who seconded the motion. Any motion that has been validly amended
or validly withdrawn and restated as provided in this section shall
then be voted upon.
(3)
Motion to Call the Question. A Motion to call the question is to
close debate on the main motion. If the motion to call the question
fails, debate is reopened; if the motion to call the question passes,
then a vote on the main motion is in order.
(4)
Withdrawing a Motion. A motion may be withdrawn only by the member
who made the motion with the consent of the member who seconded the
motion. A withdrawn motion does not appear in the minutes.
(a)
Public
Hearing. Hearings shall follow the following process:
(1)
Announcement by the Presiding Officer. The Presiding Officer shall
announce the item under consideration by reference to its listing
on the agenda.
(2)
Statement by General Counsel. The Presiding Officer shall formally
open the public hearing and may request a statement by the General
Counsel regarding the nature of the hearing and the rules to be followed
during the hearing.
(3)
Staff Report. At the hearing, District staff shall present evidence
in support of the findings or reasons upon which the order, citation,
decision, or determination, was based.
(4)
Questions of Staff. Members of the Board may ask questions of staff
to clarify the report.
(5)
Hearing. The party subject to the matter will be given the opportunity
to present his or her case first. The parties and anyone who participates
in a hearing may be represented by an attorney or other person of
the parties' choice. The parties have a right to appear, testify,
present evidence, examine and cross-examine witnesses, and present
written or oral arguments. Additionally, the parties may request,
and the Presiding Officer may allow the parties to submit written
briefs, either before, during or after the hearing. In consultation
with the General Counsel, the Presiding Officer shall specify, prior
to the start of the hearing, if a time limit will be imposed and what
that time limit is for the initial presentations and how much time
will be allowed for rebuttal. Unless otherwise determined by the Presiding
Officer in consultation with the General Counsel, the maximum allowed
time for initial presentations shall be 30 minutes; the opponents
(if any) will then be granted equal time to present their case; the
applicant will then be allowed 10 minutes to present rebuttal (not
supplemental) evidence; and the opponents (if any) will then be granted
10 minutes to present redress (if any).
(6)
Public Comment. If any public speaker cards have been received, the public shall be invited to speak on the item using the process described in Section 2-2.120.
(7)
Close of Hearing. After the staff report, all presentations, rebuttal
and redress and public comment, the Presiding Officer will call the
public hearing to be closed.
(8)
Debate and Discussion. After the close of the hearing, the Board may debate the matter as described in Section 2-2.117(a)(6) and may ask questions of the public, parties, witnesses or staff.
(9)
Motions. After debate and discussion, the Presiding Officer may ask for a motion disposing of the matter or any member of the Board may initiate a motion using the procedure described in Section 2-2.117(a)(5).
(10)
Vote. Unless withdrawn in accordance with Section 2-2.118(c)(3), the Board shall vote upon the motion, as provided in Section 2-2.115.
(b)
Evidence.
The parties concerned must submit all evidence pertinent to their
position during the public hearing. However, in order to save time,
anyone may refer to previous testimony or to documents previously
filed, as all of the records, exhibits, and minutes of other meetings
are before each member of the Board, all of which is part of the record.
Such hearing need not be conducted according to the technical rules
of law relating to evidence and witnesses. Any relevant evidence may
be admitted if it is the type of evidence on which responsible persons
are accustomed to relying on in the conduct of serious affairs, regardless
of the existence of any common law rule or statute which might make
improper the admission of such evidence over objection in civil actions.
Hearsay evidence may be used for the purpose of supplementing or explaining
any direct evidence but shall not be sufficient in itself to support
a finding unless it would be admissible over objection in civil actions.
Copies of the reports and records of any governmental agency, division,
or bureau will be accepted as evidence in lieu of the original thereof.
Each speaker is required to abstain from irrelevant testimony, repetition,
excessive hearsay, using profanity or obscenities or making statements
that are inaudible, unintelligible or otherwise not able to be recorded
by the secretary.
(c)
Witnesses.
Each person who desires to speak must first be recognized by the Presiding
Officer. Upon receiving recognition, the speaker should give his or
her name and address for the record. If a person refuses to give their
name and address for the record, then their statement will not be
considered as evidence in the proceeding but will be lodged as a comment
from an anonymous member of the public in accordance with the Brown
Act.
(d)
Scope.
The scope of the hearing shall be limited to the order, citation,
decision, or determination being appealed, the grounds for relief
raised in the notice of appeal and any specific requirements of this
Code.
(e)
Waiver
of Rights. The failure of the appellant or any interested party to
raise an objection to the Presiding Officer either before or during
the hearing of any defect in notice or procedure provided under the
Code or at law or in equity shall be deemed a waiver of the defect.
(f)
Failure
of Appellant to Appear. Unless otherwise provided in the Code, if
the appellant fails to appear for the hearing at the time and place
noticed, the Presiding Officer in his or her discretion may conduct
the hearing to a conclusion or may dismiss the appeal. If the appeal
is dismissed, the appeal is deemed denied and the order, citation,
decision, determination appealed from shall become final and effective
on the date of the hearing. Upon a showing of good cause, the Presiding
Officer may set aside his or her decision to dismiss due to the appellant's
failure to appear and may reschedule the appeal for hearing.
(a)
Public
Comment. A person wishing to address the Board shall first be recognized
by the Presiding Officer. Comments should focus on a specific matter
within the jurisdiction of the Board. Each person shall address all
remarks to The Board as a body, not to any member thereof and not
to staff or the public. No person, other than a member of the Board
and the person having the floor, shall be permitted to enter into
any discussion without recognition by the Presiding Officer. If during
public comment, a person expresses a concern regarding the District’s
staff or service, the Board may refer the nature of the concern to
staff for investigation, resolution or a report.
(b)
Speaker
Cards. Speaker cards should be filled out and given to the Board Secretary
prior to public comment. The Presiding Officer may request that speakers
provide their name and address for the record, although persons who
wish to speak are not required to provide their names or addresses.
The Board Secretary shall indicate the order in which each card is
received. The Presiding Officer will then call those speaker cards
in the order received. The speaker card shall indicate whether the
member of the public wishes to speak during public comment or during
a particular business item.
(c)
Timing of Public Comments. Public comments on items not on the agenda shall take place during the public comment period described in Section 2-2.114. Members of the public may only provide comment on items not on the agenda during the public comment period. Public comment on items that are on the agenda shall take place during consideration of that item as described in Section 2-2.117.
(d)
Written
Comments and Presentations. Videos, PowerPoint or similar presentations
during public comment ordinarily are not permitted. Members of the
public are encouraged to present written comments, preferably in advance
of the meeting, as a way to fully communicate their thoughts on agendized
or non-agendized items. When written materials are presented, they
should be submitted to the Board Secretary for distribution and record
keeping ahead of time. Written comments may be electronically submitted
during the public comment period and will be noted or read into the
record by the Board Secretary.
(e)
Time
Limits. While the Board embraces the right of public participation,
it acknowledges that public comments must, at times, be limited. Unless
additional time is granted by the Presiding Officer, each person shall
limit public comments to five minutes. The Presiding Officer may grant
a representative of a large speaker group additional time to speak
for the group on any agenda item. If one or more groups or sides on
an issue wish to speak, the Presiding Officer shall endeavor to grant
equal time to each group or side. The Presiding Officer has discretion
to reduce the time limit for each person during public comments if
necessary to ensure that all the public can be heard.
(a)
The
Board may conduct a closed session at a regular or special meeting
to consider matters permitted by the Brown Act to be considered in
closed session.
(b)
When
possible, the Board shall avoid taking action in closed session but
action may be taken in closed session when necessary to avoid prejudice
to the District. Action taken in closed session and the vote, abstention
or absence of each Director shall be publicly reported as follows:
(1)
Approval of an agreement concluding real estate negotiations shall
be reported after the agreement is final, as follows:
a.
If the Board’s approval renders the agreement final, the Board
shall report approval and the substance of the agreement in open session
at the public meeting when the closed session is held.
b.
If final approval rests with the other party to the negotiations,
the District shall disclose the approval and the substance of the
agreement upon inquiry by any person, as soon as the other party or
its agent has informed the District of its approval.
(2)
Approval given to general counsel to defend, or seek or refrain from
seeking appellate review or relief, or to enter as an amicus curiae
in any form of litigation shall be reported in open session at the
public meeting when the closed session is held and disclosed to any
person upon inquiry, unless to do so would jeopardize the District’s
ability to effectuate service of process on one or more unserved parties,
or would jeopardize its ability to conclude existing settlement negotiations
to its advantage.
(3)
Approval given to counsel for a settlement of pending litigation,
at any stage prior to or during a judicial or quasi-judicial proceeding
shall be reported after the settlement is final, as follows:
a.
If the Board accepts a settlement offer signed by the opposing party,
the Board shall report acceptance and identify the substance of the
agreement in open session at the public meeting when the closed session
is held.
b.
If final approval rests with some other party to the litigation or
with the court, the District shall disclose the approval, and identify
the substance of the agreement upon inquiry by any person when the
settlement becomes final.
(4)
Disposition reached as to claims discussed in closed session shall
be reported in the same manner as the settlement of pending litigation.
(5)
Action taken to appoint, employ, dismiss, accept the resignation
of, or otherwise affect the employment status of a public employee
shall be reported at the public meeting when the closed session is
held. Such report shall identify the title of the position and specify
any change in compensation. However, a report of dismissal or of non-renewal
of an employment contract shall be deferred until the first public
meeting following the exhaustion of the employee’s administrative
remedies.
(6)
Approval of an agreement concluding labor negotiations shall be reported
after the agreement is final and has been accepted or ratified by
the other party. The report shall identify the item approved and the
other party or parties to the negotiation.
(c)
Reports
required by this section may be made orally or in writing. The Board
shall provide to a person who has submitted a written request to the
Board within twenty-four hours of the posting of the agenda, or to
a person who has made a standing request for documentation as part
of the request for notice of meetings, if the requester is present
at the time the closed session ends, copies of any contracts, settlement
agreements, or other documents finally approved or adopted in the
closed session.
(d)
After
completing a closed session, counsel shall prepare a memorandum stating
the purpose of the closed session and the action taken, if any. This
memorandum is confidential and shall be filed in the office of the
General Manager.
(a)
The
Board of Directors adopted the following norms of behavior and protocol
(Code of Conduct) for conducting the District’s business in
an ethical and professional manner. The norms are intended to serve
as guidelines for Directors to maintain the credibility of the District
and foster public trust.
(b)
General.
(1)
Treat other Directors, staff and the public with courtesy and respect.
(2)
Avoid criticizing individuals in public by focusing on the issues
or work products.
(3)
Avoid misrepresenting facts or making assertions that are inaccurate
or untrue.
(4)
Refrain from disrupting an opponent’s campaign events; moving,
removing or vandalizing campaign signs; or removing campaign flyers.
(5)
Avoid promulgating inaccuracies or falsehoods.
(6)
Stay abreast of issues affecting the District and other local agencies.
(7)
Refrain from communications that may constitute a violation of the
Ralph M. Brown Act such as discussions among a quorum of Directors,
at one time or serially, face-to-face or otherwise.
(8)
Maintain the confidentiality of non-public information.
(9)
Ensure public statements, op-eds or letters to the editor that do
not reflect the policy of the majority of the Board are cited as personal
opinion.
(c)
Public
Meetings.
(1)
Inform other Directors and the General Manager of unexpected issues
that may arise at a public meeting.
(2)
Be prepared for Board meetings by reviewing the agenda and supporting
materials in advance.
(3)
Respect the Board President’s responsibility to run meetings.
(4)
Seek recognition by the Board President before speaking and avoid
interrupting other Directors.
(5)
Listen carefully to public speakers, avoid interrupting and do not
engage in debate; limit questions to those aimed to understand the
speaker’s point of view.
(6)
Make remarks succinct and to the point in an effort to avoid tiring
the public or engaging in tedious or repetitious discussion.
(7)
Refrain from private communications with other Directors or the public
via electronic communication devices while at the dais.
(d)
Decision-Making.
(1)
Make decisions based on public input.
(2)
Attempt to persuade other Directors through reasoned debate and accept
the majority’s decision graciously and as policy of the Board.
(3)
Articulate the reasoning for decisions for the benefit of the public,
particularly when the Board is divided on an issue.
(e)
Business
Operations.
(1)
Provide policy direction to the General Manager, and support the
General Manager to implement policy through staff.
(2)
Avoid unnecessary individual requests for the General Manager’s
time or attention to matters that may not be of interest to the majority
of the Board.
(3)
Obtain recommendations from the General Manager on District issues.
(4)
Inform the Board Secretary in advance when unavailable for District
business.
(5)
Ensure direction to staff is supported by a majority of the Board
and voice concerns timely with the direction provided.
(6)
Initiate action to resolve problems cooperatively with other Directors
or the General Manager as soon as possible.
(7)
Demonstrate flexibility and cooperation to fill in for another Director
at important meetings or functions.
(8)
Direct concerns or complaints about staff to the General Manager.
(9)
Avoid unduly influencing the content of staff reports.
(10)
Forward copies of complaints from the public to the General Manager
and allow staff to seek resolution and respond accordingly.
(11)
Share copies of correspondence related to the District’s business
promptly with other Directors and the General Manager.
(12)
Direct inquiries, questions or requests of staff, and concerns or
complaints about staff, to the General Manager, recognizing that employees
report to the General Manager.
