It is the mission of the Western Municipal Water District (district) to provide water supply, wastewater disposal, and water resource management to the public in a safe, reliable, environmentally sensitive, and financially responsible manner.
Furthermore, the district's board of directors (board) has adopted the following as the district overriding ethics statement, reinforcing the board's commitment to the ethical execution of its mission.
The following ethics statement of policy provides standards of accountability for district board members. Most of the items that these statements cover reflect the requirements of existing laws, but several of the provisions go beyond legal requirements. Legal requirements are summarized and legal citations are included as appropriate. Some of the provisions will be controlled by the requirements of the district's minute actions, resolutions and ordinances adopted and revised by the board from time to time, that follow the intent of these statements. Minute actions, resolutions and ordinances relating to these statements can be found in the companion document entitled "Supporting Policies and Procedures for Western's Ethics Statement of Policy." These statements, policies and procedures are for board members. The district also establishes and maintains administrative policies and procedures for staff. Where applicable, such as with conflict of interest, the board has established a policy for conflict in employment by staff members. These board-implemented policies relating to staff are subsequently incorporated in the district's administrative policies.
These statements and the companion document of minute actions, resolutions and ordinances shall be reviewed and updated periodically during board meetings to assure the public that the district's elected officials keep these ethical requirements in mind as they conduct the public's business, and also assure that the public trust is being honored and protected for the benefit of the public.
(Ord. 379 (Exh. A), 2012; Ord. 390 § 3 (Exh. A), 2019)
It is the policy of the board of directors of the Western Municipal Water District to maintain the highest ethical standards. The proper operation of the district requires decisions and policies be made within the proper channels of governmental structure, that public office not be used for personal gain, and that board members remain objective and responsive to the needs of the public they serve. Accordingly, it is the policy of the district that board members and district employees maintain the highest standard of personal honesty and fairness in carrying out their duties. This policy sets the basic ethical standards to be followed by the board of directors of the district. The objectives of this policy are to (A) provide guidance for dealing with ethical issues; (B) heighten awareness of ethics and values as critical elements in board members' conduct; and (C) improve ethical decision-making and values-based management.
(Ord. 379 (Exh. A), 2012; Ord. 390 § 3 (Exh. A), 2019)
When a board member is sworn in, he or she takes an oath of office. Board members are obligated to uphold the Constitution of the United States and the constitution of the state of California. Board members will comply with applicable laws regulating their conduct, including conflict of interest, financial disclosure, and open meetings laws. Board members will strive to work in cooperation with other public officials unless prohibited from so doing by law or officially recognized confidentiality of their work. (Government Code Section 1360; Article 20, Section 3 of the California Constitution.)
(Ord. 379 (Exh. A), 2012; Ord. 390 § 3 (Exh. A), 2019)
Board members, in the performance of their official duties and responsibilities, will neither harass any person nor discriminate against any person on the basis of race, religion, color, creed, age, marital status, national origin, ancestry, gender, gender identity, gender expression, sex, sexual orientation, medical condition or physical or mental disability, or military or veteran status. A board member will not grant any special considerations, treatment or advantage to any person or group beyond that which is available to every other person or group in such circumstances. (Article 1, Section 31 of the California Constitution; Age Discrimination in Employment Act of 1967 (29 U.S.C. Sections 621 through 634); Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.); Fair Employment and Housing Act (Government Code Section 12900 et seq.); Rehabilitation Act of 1973 (29 U.S.C. Section 701 et seq.); Title VII of the Civil Rights Act of 1964 (42 U.S.C. Section 2000e et seq.); Labor Code Section 1102).
(Ord. 379 (Exh. A), 2012; Ord. 390 § 3 (Exh. A), 2019)
Under Government Code Section 54950 et seq. (known as the Ralph M. Brown Act and the California Public Meeting Law), all meetings of the Western board of directors are open to the public, with only certain specific exceptions prescribed by law. The Ralph M. Brown Act (Brown Act) sets forth provisions that require public officials to maintain the confidentiality of certain information.
A. 
A board member is not authorized, without approval of the board of directors, to disclose information that qualifies as confidential information under applicable provisions of law to a person not authorized to receive it, that (1) has been received for, or during, a closed session meeting of the board, (2) is protected from disclosure under the attorney/client or other evidentiary privilege, or (3) is not required to be disclosed under the California Public Records Act.
B. 
The following, however, is allowed: (1) making a confidential inquiry or complaint to a district attorney or grand jury concerning a perceived violation of law, including disclosing facts to a district attorney or grand jury that are necessary to establish the alleged illegality of an action taken by the district, an elected official or employee; (2) expressing an opinion concerning the propriety or legality of actions taken by the district in closed session, including disclosure of the nature and extent of the allegedly illegal action; or (3) disclosing information acquired by being present in a closed session that is not confidential information. Prior to disclosing confidential information pursuant to subsection (B)(1) or (2) of this section, however, a board member will first bring the matter to the attention of either the president of the board or the full board, to provide the board an opportunity to cure an alleged violation.
A director who willfully and knowingly discloses for pecuniary gain confidential information received by him or her in the course of his or her official duties may be guilty of a misdemeanor under Government Code Section 1098. (California Government Code Section 54963.)
(Ord. 379 (Exh. A), 2012; Ord. 390 § 3 (Exh. A), 2019)
A. 
The board of directors adopted by resolution a conflict of interest policy in compliance with Government Code Section 81000 et seq. and has since amended the policy by resolution, as required. The policy shall be updated biennially, as needed to comply with the Government Code.
B. 
A board member may not have a financial interest in a contract with the district, or be a purchaser at a sale by the district or a vendor at a purchase made by the district, unless the board member's participation was authorized under Government Code Section 1091 or 1091.5, or other provisions of law.
C. 
A board member will not participate in the discussion, deliberation or vote on a matter before the board of directors, or in any way attempt to use his or her official position to influence a decision of the board, if he or she has a prohibited interest with respect to the matter, as defined in the Political Reform Act, Government Code Section 81000, relating to conflicts of interests.
D. 
Additionally, directors will adhere to all limitations and reporting requirements of the Fair Political Practices Act, FPPC regulations, and those required under the district's conflict of interest code. (Government Code Section 87100 and following).
E. 
If a director believes that he or she may be disqualified from participation in the discussion, deliberations, or vote on a particular matter due to a conflict of interest, the following procedure will be followed: (1) if the director becomes aware of the potential conflict of interest before the board meeting at which the matter will be discussed or acted on, the director will notify the district's appointed legal counsel for such matters of the potential conflict of interest, so that a determination can be made whether it is a disqualifying conflict of interest; (2) if it is not possible for the director to discuss the potential conflict with counsel before the meeting, or if the director does not become aware of the potential conflict until during the meeting, the director will immediately disclose the potential conflict during the board meeting, so that there can be a determination whether it is a disqualifying conflict of interest; and (3) upon a determination that there is a disqualifying conflict of interest, the director will (a) not participate in the discussion, deliberation or vote on the matter for which a conflict of interest exists, which will be so noted in the board minutes, and (b) leave the room until after the discussion, vote and any other disposition of the matter is concluded, unless the matter has been placed on the portion of the agenda reserved for uncontested matters. The director may speak on any matter during the time the general public speaks on the issue, in accordance with regulations set forth in the Political Reform Act.
F. 
A board member will not recommend the employment of any person by the district. A board member will not recommend the employment of any person known by the board member to be bidding for or negotiating a contract with the district. These restrictions shall not apply to the employment of positions that are employed or retained directly by the board, such as the positions of general manager or legal counsel.
G. 
A board member shall not knowingly ask for, accept, or agree to accept any gift, reward, or promise thereof for doing an official act, except as may be authorized by law. (Government Code Sections 1090 and following; 81000 and following, and 87105; Penal Code Sections 68 and 70.)
(Ord. 379 (Exh. A), 2012; Ord. 390 § 3 (Exh. A), 2019; Ord. 395 § 4, 2022)
Board members are prohibited from soliciting political funds or contributions at district facilities or from district employees. A board member will not knowingly accept, solicit, or direct a political contribution from (A) district employees or officers, consultants, or contractors; or (B) vendors, bidders or consultants who have a current material financial interest in a contract or other matter while that contract or other matter is pending before the district and for three months following the date a final decision is rendered. A director may not use the district's logo, stationery, or other indicia of the district's identity in any solicitation for political contributions.
(Ord. 379 (Exh. A), 2012; Ord. 390 § 3 (Exh. A), 2019; Ord. 395 § 5, 2022)
Any board member appointed or elected to a public office of another public entity, the duties of which may require action contradictory or inconsistent with the interests of the first entity (as determined under applicable law), will resign from the other office, should the director wish to continue serving on Western's board. (73 Cal. Op. Atty. Gen. 357 (1990)). An employee of the district may not be sworn into office as an elected or appointed member of the board of the district, unless he or she resigns as an employee.
(Ord. 379 (Exh. A), 2012; Ord. 390 § 3 (Exh. A), 2019)
The board sets the policy of the district. The general manager is responsible for implementing the policy as formulated by the board. The general manager makes recommendations to the board concerning new policies and assists in the articulation of policies and the presentation of programs to the board. He or she is the highest-ranking nonelected officer of the district. The general manager is appointed by and serves at the pleasure of the board and performs such duties as may be imposed by the board. (Water Code Sections 71301, 71305, 71308, and 71363.)
Therefore, the board will provide policy direction and instructions to the general manager on matters within the authority of the board by majority vote of the board during duly convened board and board committee meetings. Board members will deal with matters within the authority of the general manager through the general manager, and not through other district employees.
Board members will not make requests directly to other district staff to undertake analyses, perform other work assignments, or change the priority of work assignments. However, members of the board may request nonconfidential, factual information regarding district operations from district employees.
The general manager has full control of the maintenance, operations and construction of the water and wastewater works of the district with full power and authority to employ and discharge all employees, prescribe their duties, and fix their compensation (Water Code Section 71362). Additionally, the general manager is specifically authorized to change employees from one classification to another, grant merit salary increases, to discipline employees, to terminate employees, and to engage temporary employees. The general manager is the designated district employee relations officer.
The general manager is authorized to negotiate and execute on behalf of the district contracts for labor, materials for extension, addition, or improvement to the water and wastewater system of the district, maintenance, service, consulting and other contracts. Additionally, the general manager has the authority to purchase supplies and equipment, supervise the inspection of all supplies and equipment, transfer supplies and equipment between district operations as needed to establish various other rules regarding purchasing of supplies and equipment, to accept real property, to execute right-of-entry permits, to authorize the use of district facilities to outside organizations, and to dispose of surplus equipment.
(Ord. 379 (Exh. A), 2012; Ord. 390 § 3 (Exh. A), 2019)
The board will retain and periodically review the work of an outside auditor who will report directly to the board as an independent contractor of the district to conduct an annual audit of the district books, records and financial affairs.
(Ord. 379 (Exh. A), 2012; Ord. 390 § 3 (Exh. A), 2019)
While the general manager has primary responsibility for (A) ensuring district employees do not engage in improper activities; (B) investigating allegations of improper activities; (C) taking appropriate corrective and disciplinary actions, the board of directors has a duty to ensure that the general manager is operating the district in accordance with the law and policies approved by the board. Board members will disclose to the general manager any improper activities within their knowledge and will not interfere with the general manager's responsibilities listed, unless the board determines that the general manager is not properly carrying out these responsibilities.
Board members are encouraged to fulfill their obligation to the public and the district by disclosing to the district's appointed legal counsel for such matters, to the extent not expressly prohibited by law, improper activities within their knowledge. The district's appointed legal counsel for such matters shall consult with the general manager unless the general manager has been implicated in the matter. Board members will not interfere with the process of identifying, investigating and correcting improper activities, unless the board determines that the general manager is not properly carrying out these responsibilities.
Additionally, a board member will not directly or indirectly use or attempt to use the authority or influence of his or her position for the purpose of intimidating, threatening, coercing, commanding, or influencing any other person for the purpose of preventing such person from acting in good faith to report or otherwise bring to the attention of the district's appointed legal counsel for such matters, the general manager, or the board any information that, if true, would constitute a work-related violation by a board member or district employee of any law or regulation, gross waste of district funds, gross abuse of authority, a specified and substantial danger to public health or safety due to an act or omission of a district official or employee(s), use of a district office or position or/of district resources for personal gain, or a conflict of interest of a board member or district employees.
Board members will not use or threaten to use any official authority or influence to effect any action as a reprisal against a board member or district employee who reports or otherwise brings to the attention of the district's appointed legal counsel for such matters or general manager any information regarding the subjects described above. (Labor Code Section 1102.5 and Government Code Sections 53298 and 53298.5.)
(Ord. 379 (Exh. A), 2012; Ord. 390 § 3 (Exh. A), 2019)
Western's board is dedicated to fulfilling its responsibility to provide every opportunity to the public to witness its deliberations and decision-making activities in an open environment and will fully comply with the provisions of the Brown Act. (Government Code Sections 54950 and following, and 54952.1 and 54959.)
Western's board shall direct legal counsel to update Brown Act policy by preparing and disseminating Brown Act guidelines each year there are changes made to the Brown Act.
(Ord. 379 (Exh. A), 2012; Ord. 390 § 3 (Exh. A), 2019)
The members of the board of directors will fully comply with the provisions of the board's "Policy for Director Compensation and Reimbursement of Expenses" as set forth in its minute actions, resolutions and ordinances.
(Ord. 379 (Exh. A), 2012; Ord. 390 § 3 (Exh. A), 2019)
A board member will not include false or misleading information in a candidate's statement for a district election filed pursuant to Section 13307 of the Elections Code. (Elections Code Section 13313.)
(Ord. 379 (Exh. A), 2012; Ord. 390 § 3 (Exh. A), 2019)
Board members will participate in AB 1234 ethics training required by Government Code Section 5324 and following and courses of training in sexual harassment avoidance pursuant to Government Code Section 12950.1 and as said legal requirement may be revised from time to time.
(Ord. 390 § 3 (Exh. A), 2019)
A perceived violation of this policy by a board member should be referred to the president of the board or the full board of directors for investigation, and consideration of any appropriate action warranted.
(Ord. 379 (Exh. A), 2012; Ord. 390 § 3 (Exh. A), 2019; Ord. 395 § 6, 2022)
A. 
Policy Statement – Minimum Behavior Requirements.
1. 
In order to promote the public's trust in board policies and to ensure the most effective and efficient delivery of district services, members of the board shall abide by the district's ethics statement of policy, conflict of interest code, and other applicable policies, procedures, laws and regulations. Such requirements include provisions relating to conflict of interest, the handling of legal matters, ethics training, and enforcement.
2. 
The taxpayers and customers served by the district are entitled to elected board members who are transparent, fair, ethical, and accountable. Board members shall reflect the following behaviors and qualities at all times:
a. 
Complying with both the letter and the spirit of all federal, state, Fair Political Practices Commission (FPPC), and district laws, regulations, rules, resolutions, ordinances, and policies affecting operations of the district and performance of their duties as members of the board;
b. 
Exercising independent, impartial, and fair judgment and actions;
c. 
Using the public office to which they were elected for the public good, not for personal gain; and
d. 
Conducting public deliberations and processes openly, unless legally confidential, in an atmosphere of mutual respect, civility, and transparency.
3. 
This policy documents the district's minimum requirements of behavior for elected and appointed officials of the district. The district's elected officials are required to be independent, impartial, and responsible to the people and to conduct themselves in a manner above reproach. Elected officials are expected to set an example, which always demonstrates respect, confidence, and trust between themselves and the community they serve. This policy establishes specific procedures on enforcement for any board member behavior, action or violation of district policies, which is outside of these minimum requirements of behavior.
B. 
Sanctions and Procedures for Violations of Minimum Behavior Requirements.
1. 
Board members who fail to observe the minimum behavior requirements referenced above may be reprimanded or formally censured, lose seniority or committee assignments (both within the district or with inter-government agencies), have official travel restricted, or be ordered to attend district board meetings, if the board member is absent without justification. Infractions of these behavior requirements could lead to other sanctions as deemed appropriate by the board, including, but not limited to, referral to the FPPC or to the Riverside County district attorney, including, if applicable, the public integrity unit and/or civil grand jury if the conduct is egregious or allegedly criminal in nature. Board members should point out to the offending board member any perceived infraction as it occurs. No board member shall be reprimanded, sanctioned, or censured for the exercise of his or her First Amendment rights. However, nothing herein shall be construed to prohibit the board from individually or collectively condemning or expressing disapproval of behavior in violation of these rules.
2. 
The president shall have the following authority and responsibilities. In the event the president is the subject of any request for action, the vice president shall have the authority and responsibilities set forth herein. In that case, the references in this policy to the president shall instead apply to the vice president.
a. 
It is the responsibility of the president to initiate formal action if a board member's behavior may warrant reprimand, sanction, or censure.
b. 
If no action is taken by the president, any member of the board may submit a written request to the president that such action be placed on a future agenda for consideration.
c. 
A written request may also be submitted by a member of the public to the general manager. The general manager will then forward the request to the president. If the president determines that the public request meets the criteria set forth in this policy, then formal action will be initiated. If the president determines that the public request does not meet the criteria for formal action, then the general manager shall provide written notice to the public complainant of that determination.
d. 
It is the responsibility of board members to self-report to the president any pending or completed enforcement actions by any enforcement agency, which could result, or has resulted, in disciplinary action under federal, state or local laws or regulations. The president will then initiate formal action under this policy.
3. 
Reprimand is the least severe form of action for a violation of these rules and may be issued by majority vote of the board (reprimand). Any motion made to issue a reprimand shall include a statement of the reasons that the maker of the motion believes a reprimand should be issued. If the motion is seconded, then the board will vote on the motion. Reprimand is not considered a formal sanction or censure. Any motion that is adopted will be documented in the board minutes to memorialize that a reprimand was issued. The failure of a motion to pass will also be documented in the board minutes to memorialize that no reprimand was issued.
4. 
Formal censure, loss of seniority, committee assignments, travel restrictions, or other sanctions deemed appropriate by the board (collectively, censure/sanction) may be initiated by the president or upon a written request submitted to the president by any board member. The written request must set forth specific allegations of violations of state or federal law, FPPC regulations and/or penalty assessments, or district ordinances or policies, including this policy, upon which the proposed censure/sanction is based.
a. 
The request for censure/sanction shall be placed on the agenda for consideration by the board at the next regularly scheduled board meeting. The president shall preside over the proceedings. The rules of evidence shall not apply, but the subject board member shall be allowed to respond to the allegations. A decision to censure or impose other sanctions with respect to the specific charges, based on substantial evidence, requires a majority vote of the board. A formal censure/sanction of a board member will be documented in the form of a board resolution. In the event a censure/sanction fails to obtain a majority vote of the board, then such failure of the vote will be documented in the board minutes to memorialize that no censure/sanction was imposed.
b. 
At the time a censure/sanction request is first considered by the board, the president may elect to establish an advisory committee to review the censure/sanction request prior to consideration by the full board. The advisory committee will serve in an investigative and advisory capacity to the full board. The following procedures apply if an advisory committee structure is used. The Brown Act requires that any discussion regarding the potential discipline of a board member must be conducted in open session at a duly noticed meeting.
i. 
The president will appoint two board members to the advisory committee who are not the subject of the censure/sanction request. The general manager and general counsel will serve as support to the advisory committee for purposes of information gathering and legal interpretation, but will not be deemed to be members of the advisory committee.
ii. 
The advisory committee will review all materials related to the censure/sanction request, including, but not limited to, the request document, any supporting documentation, and any response from the subject board member.
iii. 
The advisory committee will investigate and prepare a report for the full board that will contain a recommendation on whether to proceed with consideration of a censure/sanction and, if so, whether a censure/sanction is recommended. If the two committee members cannot reach an agreement on a recommendation, then the committee members will each provide their own reports to the full board.
iv. 
The advisory committee will submit its report(s) at a subsequent regularly scheduled board meeting at which time the procedures for consideration by the full board will be implemented as set forth in subsection (B)(4)(a) of this section.
C. 
Procedure to Reverse Board Actions. If a censured or sanctioned member of the board takes the corrective actions necessary to fully resolve all violations of state or federal law, FPPC regulations and/or penalty assessments, or district ordinances or policies that led to loss of committee assignments (both within the district or with inter-government agencies) and restricted official travel, the president shall place on the agenda, for consideration by the board at the next regularly scheduled board meeting, a resolution to restore full privileges to that member of the board. If no action is taken by the president, any member of the board may request that such action be placed on a future agenda for consideration.
D. 
Implementation.
1. 
As an expression of the standards of conduct and decorum for board members expected by the district, this policy is intended to be self-enforcing. It therefore becomes more effective when members are thoroughly familiar with it and embrace its provisions. For this reason, this policy shall be included in the applicable location in the Western Municipal Water District Municipal Code. In addition, this policy will be given to newly elected and appointed board members.
2. 
This policy shall be subject to review and revision from time to time in the discretion of the board. It is the intent of the board that this policy be reviewed at least annually on or before the time for the rotation of board officers. The failure to review this policy on such a regular basis shall not have any impact on the effectiveness of this policy and enforcement by the board.
(Ord. 390 § 3 (Exh. A), 2019)