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HomeMy WebLinkAbout07. Board Code of Ethics/Code of Conduct Policy? 4 Central Contra Costa Sanitary District December 21, 2015 TO: ADMINISTRATION COMMITTEE FROM: ELAINE R. BOEHME, SECRETARY OF THE DISTRICT,-� SUBJECT: BOARD CODE OF ETHICS/CODE OF CONDUCT POLICY At the recent Board Governance Workshop and Administration Committee meetings on November 23 and December 7, 2015, the topic of possibly developing a Board Code of Ethics or Code of Conduct policy was discussed. At the December 7 Committee meeting, the Committee requested that the matter be scheduled for further discussion. Also, at the November 23 meeting, the Committee requested a copy of the relevant sections of the 2012 Board Guidelines Binder which pertain to Board governance (attached). Some initial proposed minor revisions are shown in strikeout. The Board Guidelines Binder is scheduled to be updated before the 2016 Board election. N:\NDMINSUP\ADMIN\DIST-SEC\Correspondence\2015\12-21-15 to Admin Comm re Code of Ethics.docx ??9etebe 2016 Board Members' Duties and Responsibilities The Board The Board is the legislative body that holds governing authority for the District, and its roles and responsibilities areas follows: • Establish policies, , and regulations for District operations. • Establish and oversee the District's finances, budgets, programs and performance. • Provide the resources needed by management and staff to carry out District policy. • Determine the vision, mission, values and goals of the District. • Appoint and evaluate the General Manager, Secretary of the District, and District Counsel. Board Member Apart from his/her normal function as part of the Board, each individual Member's role and responsibilities are as follows: • Act as liaison between the District and outside agencies • Represent the interests of the District's customers • Participate in ceremonial events as District representative Central Contra Costa Sanitary District ??Oeteber 2016 Board Members' Role in Emergency Situations In the event of an emergency, the Board will be contacted by the designated Director of Emergency Services (General Manager or designee). If not contacted, the Board Member may ea14-contact the General Manager or other member of District staff to receive a briefing. During an emergency, the Emergency Operations Center (EOC) will be set up either in the Multi -Purpose Room at District Headquarters or at the Collection System Operations offices in Walnut Creek. Attached is an excerpt from the Central Contra Costa Sanitary District Emergency Operations Plan detailing the responsibilities of the Board of Directors in such an event. Central Contra Costa Sanitary District ??Oetober 2016 President and President Pro Tem Roles/Duties Board President The President has no additional powers beyond those of any other Board Member. The following are the role and responsibilities of the Board President: • Serve as presiding officer at all Board meetings. • Maintain proper conduct of Board meetings. • Run effective and efficient meetings, including but not limited to ensuring appropriate opportunities for public participation and managing the time. • Keep the Board focused on the discussion at hand and true to its proper role and responsibility. • Avoid diversions from the agenda or disruptions in the conduct of District business. • Maintain proper and appropriate parliamentary procedure (Rosenberg's Rules of Order) and agenda management (e.g. ensure that actions are taken with proper motions and seconds). • Acknowledge and diplomatically facilitate appropriate public participation in the activities of the Board. • Vote, discuss, and make motions the same as other members of the Board; however, the President only makes motions and seconds motions on occasions when Board Members are reluctant to do so. • Allow the other Board Members to complete their comments on an item before offering his or her own. • Keep the meeting discussions focused on properly -noticed agenda items and steadfastly move the Board toward making decisions. • Sign various Board -approved documents on behalf of the Board. • Appoint representatives and alternates to the Board, Standing Committees, Ad Hoc Committees and representatives to cities and outside agencies. • Act as official representative of the District for ceremonial purposes. President Pro Tent The President Pro Tem performs all the duties of President in the absence of the President. Central Contra Costa Sanitary District ??Oeteber 2016 Board Members' Term of Office Board Members are elected for four-year terms. Elections are held on the first Tuesday in November of even -numbered years. Terms are staggered, with either two seats or three seats elected during alternating election cycles. Newly -elected or re-elected Board Members are usually sworn in at the first Board meeting in December, after the results of November election are certified by the Registrar of Voters. In December, the Board votes to appoint a new President and President Pro Tem whose one-year terms begin on January 1. The President also makes appointments to the standing Board Committees and representation to cities and outside agencies. Traditionally, the appointments are for one-year terms, although that may be changed by the Board. Central Contra Costa Sanitary District ??Oetaber 2016 Board Committees Currently, there are foursevei3 Standing Committees, listed below. These Committees are comprised of two Board Members (Chair and Member). Most of the GeffmvAttees meet en aft "as needed" basis, apai4 ffem the Budget atid Finanee ffwe4ng—The Committee meetings are usuallygenefally held at the Headquarters Office Building and generally occur once or twice a month. The Committees act in an advisory capacity to the full Board. Action minutessuffffnar-ies are prepared after each meeting. A report is given by the Committee Chair at the next Board meeting and, if action by the full Board is necessary, the item is agendized for a future Board meeting. Committee agendas are prepared and posted in accordance with the Ralph M. Brown Act. Attendance at a Committee meeting by a third Board Member is not a violation of the Brown Act, if such attendance is solely as an observer. However, if , an -- e-, the Br-ewn Aet has not been vielated. if a third Board Member attends a Committee meeting with the intention of participating, that would constitute -the meeting is in violation of the Brown Act unless the meeting was noticed as a Special Board meeting. Appointments to standing or other committees are generally proposed by the Board President-elect and voted on byM e* the Board at the end of each calendar year. r-e8rgamzes annually in jaauaf�- Standing Committees: Administration Engineering & Operations Finance Real Estate, Environmental & Planning Budget and The President may appoint an Alternate Board Member to fill in at a Standing Committee meeting if one of its members is unable to attend. The President may also appoint Ad Hoc Committees as needed. Ad Hoc Committees are permitted for a specified purpose of limited duration. Central Contra Costa Sanitary District ??Oeteber 2016 Representatives to Outside Agencies Board Members represent the District at various cities and outside agencies. Board Liaison to Cities and County Board Members are appointed to act as liaisons to all cities that fall within the District's service area and to Contra Costa County as listed below:. Alamo Concord Contra Costa County Danville Lafayette Martinez Moraga Orinda Pacheco Pleasant Hill San Ramon Walnut Creek Board Members may also be appointed as representatives or liaisons to the following outside agencies: Contra Costa Special Districts Association (CCSDA) Contra Costa Water District (CCWD) East Bay Municipal Utility District (EBMUD) East Bay Regional Parks District (EBRPD) Mt. View Sanitary District (MVSD) National Association of Clean Water Agencies (NACWA) Pleasant Hill Recreation and Park District (PHR&PD) Local Agency Formation Commission (LAFCO) Board Members are compensated for attendance at each Committee meeting and other meetings at which they formally represent the District, as listed above and in Resolution No. 200915-008 included in Section 5, Board Member Benefits. Central Contra Costa Sanitary District ??Oetebe 2016 General Manager's Role/Duties The General Manager is appointed by the Board, and the terms and conditions of the General Manager's employment are expressed in a contract with the District. That contract provides that the incumbent shall perform all duties and assume all obligations of the office of General Manager described in the job classification, and shall be subject to all pertinent provisions of the ordinances, resolutions, rules, regulations and all other lawful orders and directives of the District or the Board. The job classification for the position of General Manager is approved by the Board and specifies the required minimum qualifications, knowledge, skills and abilities as well as the duties of the position. Examples of duties include but are not limited to the following: • Provide sound, ethical leadership to District staff. • Establish and organize departments and functions of the District. • Oversee and direct the general financial planning, policy and budgeting for the District. • Draft and recommend rules, regulations, fees and charges for adoption by the Board, including specifications and requirements controlling the construction, repair, maintenance and operation of sewage systems, recycled water system and the Household Hazardous Waste Collection Facility. • Administer and enforce policies and programs of the District, as approved by the District Board, including the direction and supervision of administrative and management personnel concerning the administration, engineering, construction, operation, safety and maintenance of the District. • Attend District Board meetings and provide information, current and historical data, reports and advice as requested. • Be responsible for and direct preparation of the District's annual budget and control authorized expenditures of the District. • Confer with private individuals, firms, organizations, and local, state and federal agencies in the implementation and coordination of programs, projects and various activities. • Represent the District at a variety of meetings and conferences conducted by civic and community organizations, technical groups and legislative bodies. • Act as Executive Director of Central Contra Costa Sanitary District Facilities Financing Authority. • Demonstrate a commitment to recruit, hire and retain a diverse workforce. • Interview applicants and recommend appointments, promotions and special assignments. • Review incoming and outgoing correspondence and reports prepared by staff. • Perform related duties as required. The General Manager delegates many duties to District Department Directors, managers and staff. In doing so, the General Manager remains accountable to the Board. Central Contra Costa Sanitary District ??9et8bet 2016 Practices Based on Good Governance The role of the General Manager is defined by the relationship between the position and the Board. In general, the relationship is defined by the Board setting policy for the District and/or providing policy -level direction to the General Manager, who is responsible for implementing policies. The General Manager is responsible for the performance of the District within policy criteria established by the Board, and is accountable to the Board for District operation. The Board's connection to the operational aspects of the District is through the General Manager. Decisions or instructions of individual Board Members or Committees need to be confirmed by a majority of the erttlre-Board before the General Manager acts on those directions. The General Manager is available to all Board Members to discuss District issues and strategies. The General Manager and Secretary of the District serve asafe the clearing house for informational requests originating from Board Members. Central Contra Costa Sanitary District ??9e-teber 2016 Secretary of the District The Secretary of the District is one of the—three Executive Management positions appointed by and reporting directly to the Board Members. The other positions are the General Manager and District Counsel.. The District Code states, in part, that ".... The Secretary of the District makes independent decisions as necessary to implement Board requests, decisions and official actions; serves as custodian of the official records of the District; attends meetings of the District Board and such additional Committee meetings, conferences and hearings as may from time to time be required; and participates and coordinates with management group in meetings and projects." The Secretary of the District acts for the Board Members in a variety of executive, administrative, legal and record-keeping functions, and is part of the District Management Team. These functions include preparation of the Board agendas, minutes, compliance with legal noticing, the Brown Act, records management, elections, Fair Political Practices Commission requirements, ethics compliance and special projects. Central Contra Costa Sanitary District ??9etebe 2016 Communicating and Working with District Staff The District's success in efficiently accomplishing its mission is a result of the—direct and regular direction from Board Members. There are times when a Board Member needs additional information from staff. The following suggestions will help staff ensure that a Board Member receives needed information: • Whenever possible, start with the General Manager or Secretary of the District; they are able to obtain the answers or involve the right person in the discussion as needed. • The Secretary of the District is able to assist at any time with administrative or other matters. When discussing a matter with staff, please recognize: • It is not unusual for staff to interpret a question or comment from a Board Member as direction and to drop current assignments to undertake a project, research, or investigation, which was not the intention of the Board Member. • Be aware that information obtained directly from staff may be a work in progress, and the staff member may not be fully informed on the subject. Also, despite their best intentions, Iinformation provided by staff may not be what is ultimately recommended by the General Manager. • Finally, let the General Manager know if you are disappointed with an action or response, so he/she is aware that improvement is needed. Central Contra Costa Sanitary District