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HomeMy WebLinkAbout04. Draft Board Policy BP No. 023 - Board Ethics and ConductNumber: BP 023 Authority: Board of Directors Effective: January 1, 2016 Revised: Reviewed: Initiating Dept./Div.: ?? BOARD POLICY Central Contra Costa • Sanitary District www.centralsan.org BOARD ETHICS AND CONDUCT PURPOSE To promote and maintain high standards of personal and professional conduct of Board Members that reflect the mission, vision, values and goals of the District and the communities it serves. POLICY Responsibilities of Public Office CCCSD Board Members are dedicated to the concepts of effective and democratic government by responsible elected officials. They should: • Uphold the Constitution of the United States and the Constitution of the State of California and carry out the laws of the nation, the state and local governmental agencies; • Comply with applicable laws and policies regulating their conduct, including open government, conflict of interest, and financial disclosure laws; • Hold accountability to the constituents as a top priority through impartial and independent decision making in light of the needs of the people they serve; • Create policies and provide fiscal oversight; and • Appoint and evaluate the General Manager, Secretary of the District, and District Counsel. A. Ethics The Members of the Board of Directors shall conduct themselves in accordance with the following ethical standards: Number: BP 023 BOARD ETHICS AND CODE OF CONDUCT Page 2 of 5 1. Act in the Public Interest. Recognizing that stewardship of the public interest must be their primary concern, Board Members will work for the common good of the people and not for any private or personal interest. They will assure fair and equal treatment of all persons, claims and transactions coming before the Board of Directors. 2. Decisions Based on Merit. Board Members shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations or personal interests. Board Members shall attempt to maintain an open mind until the conclusion of the hearing or the discussion of the matter. 3. Conflict of Interest. Board Members shall seek to avoid the appearance of a conflict of interest and avoid actual conflicts of interest. Board Members shall comply with the District's Conflict of Interest Code, the provisions of the Fair Political Practices Commission Regulations and other applicable laws. 4. Gifts and Favors. Board Members shall not take any special advantage of opportunities for personal gain by virtue of their Board membership. They shall refrain from accepting gifts or benefits which are inconsistent with Fair Political Practices Commission Regulations. 5. Use of Public Resources. Board Members shall not use public resources for private gain or for personal purposes not authorized by law. 6. Advocacy. Board Members shall represent the official policies or positions of the Board of Directors to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, Board Members shall explicitly state they do not represent the Board of Directors or the District, nor will they allow the inference that they do. 7. Confidentiality. Board Members will not disclose to unauthorized persons any information that legally qualifies as confidential without approval of the Board of Directors. This includes information that (1) has been received for, or during, a closed session of the Board; (2) is protected from disclosure under the attorney-client or other evidentiary privilege; or (3) is not disclosable under the Public Records Act. Board Member may make a confidential inquiry or complain to the District Counsel or grand jury concerning a perceived violation of the law, including disclosing facts to the District Counsel or grand jury necessary to establish the alleged illegality of a District action. Prior to disclosing confidential information, however, a Board Member will first bring the matter to the attention of either the Board President or the full Board, in a lawful and appropriate manner, to provide an opportunity to cure the alleged violation. Number: BP 023 BOARD ETHICS AND CODE OF CONDUCT Page 3 of 5 B. Board Conduct Guidelines The Board Conduct Guidelines are designed to describe the manner in which Board Members should treat one another, District staff, constituents, and others they come into contact with while representing the District. 1. Board Members Conduct with Each Other in Public Meetincis Board Members are often individuals with a wide variety of backgrounds, personalities, values, opinions and goals. Despite this diversity, all have chosen to serve the public in order to preserve and protect public health and the environment. In all cases, this common goal should be acknowledged even though individuals may not agree on every issue. (a) Honor the Role of the Board President in Maintaining Order It is the responsibility of the Board President to keep the comments of Board Members on track during public meetings. Board Members should honor efforts by the President to focus discussion on current agenda items. If there is disagreement about the agenda or the President's actions, those objections should be voiced politely and with reason, following procedures outlined in the adopted Rosenberg's Rules of Order parliamentary procedure. (b) Practice Civility and Decorum in Discussions and Debate Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of debate by a free democracy in action. Free debate does not require, nor justify, public officials making belligerent, personal, impertinent, abusive, or disparaging comments. (c) Demonstrate Effective Problem -Solving Approaches Board Members have a public stage and have the responsibility to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole. Board Members shall prepare themselves for meetings, listen attentively to all public discussions, and focus on the business at hand. 2. Board Members' Conduct with the Public in Public Meetings Making the public feel welcome is an important part of the democratic process. No signs of partiality, prejudice or disrespect should be evident on the part of individual Board Members toward an individual participating in a public forum. Every effort should be made to be fair and impartial in listening to public testimony. Asking for clarification is appropriate, but Board Members should avoid debate and argument with the public. Number: BP 023 BOARD ETHICS AND CODE OF CONDUCT Page 4 of 5 3. Board Members Conduct with Staff The District's success in accomplishing its mission can best be accomplished as a result of the Board providing regular direction and management staff carrying out that direction. (a) Board/General Manager Relationship The Board sets policy and the General Manager is responsible for execution of that policy. The Board provides policy direction and instructions to the General Manager on matters within the authority of the Board only by majority vote of the Board during duly convened Board meetings. (b) Requests for information from Staff Most requests for information from or direction to staff should come from the Board or a Committee. There are times when Board Members need additional information from staff. Good management requires that the General Manager monitors and directs the work of staff rather than individual Board Members. If a request comes from an individual Board Member, the request should generally start with the General Manager. The General Manager should be able to obtain the answers or involve the right person in the discussion as needed. . The Secretary of the District is often able to assist Board Members with obtaining District records and other scheduling or administrative type matters. (c) No Solicitation of Political Support from Staff Elected officials should not solicit any type of political support from staff. Staff may, as private citizens with constitutional rights, support political candidates but all such activities should be done away from the District workplace during non -work hours. (d) Positive Work Environment Board Members shall support the maintenance of a positive and constructive work place environment for District employees and shall recognize their special role in dealings with employees to in no way create the perception of inappropriate direction to staff. 4. Violation of Policy A perceived violation of this policy by a Board Member should be referred to the Board President for evaluation and consideration of any appropriate action warranted. In the case of a perceived violation by the Board President, the matter should be Number: BP 023 BOARD ETHICS AND CODE OF CONDUCT Page 5 of 5 referred to the Board President Pro Tem. Typically, reports, complaints or concerns of perceived violations should be shared by the Board President or Board Pro Tem with the entire Board. The Board President or Pro Tem may seek the assistance of the General Manager and District Counsel to assist with the process of addressing a report or complaint of a violation. A violation of this policy may be addressed by remedies available at law, including but not limited to: • Informal counseling by Board President or Board Pro Tem; • Adopting a resolution expressing disapproval of the conduct and/or censure of the Board Member; • Injunctive relief; or • Referral of the violation to the District Attorney and/or grand jury. Formal Board actions to address violations shall typically be taken in the public portion of a properly noticed Board meeting. [Original Retained by the Secretary of the District] 2627634.1 Number: BP 023 Authority: Board of Directors Effective: January 1, 2016 Revised: Reviewed: Initiating Dept./Div.: ?? BOARD POLICY Central Contra Costa Sanitary District www.centralsan.org BOARD ETHICS AND CODE OF CONDUCT PURPOSE To promote and maintain the highest high standards of personal and professional conduct of Board Members that reflect the mission, vision, values and goals of the District and the communities it serves. POLICY Responsibilities of Public Office CCCSD Board Members are dedicated to the concepts of effective and democratic government by responsible elected officials. They should: • Uphold the Constitution of the United States and the Constitution of the State of California and carry out the laws of the nation, the state and local governmental agencies; • Comply with applicable laws and policies regulating their conduct, including open government, conflict of interest, and financial disclosure laws; • Hold the needs of accountability to the constituents as a top priority aA-el are through impartial,— and independent and accountable to decision making in lig_ ht of the needs of the people they serve; • Create policies and provide fiscal oversight; and • Establioh �n - • , _ -, . - . - • - - - - • - • Appoint and evaluate the General Manager, Secretary of the District, and District Counsel. A. Ethics Number: BP 023 BOARD ETHICS AND CODE OF CONDUCT Page 2 of 7 The Members of the Board of Directors shall conduct themselves in accordance with the following ethical standards: 1. Act in the Public Interest. Recognizing that stewardship of the public interest must be their primary concern, Board Members will work for the common good of the people and not for any private or personal interest. They will assure fair and equal treatment of all persons, claims and transactions coming before the Board of Directors. 0 Members mat bo cbove reprocoh and avoid even the apps Board Mcmbcrc ohall r- _ - _ - _ _ _ - e. _ oncl ohar -- --- - ==- - business at hand. They ohall r 2. 4Decisions Based on Merit. Board Members shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations or personal interests. Board Members shall attempt to maintain an open mind until the conclusion of the hearing and shall bacc their decisions on the fact: presented and the law.or the discussion of the matter. the agenda materi0o, sic 63. Conflict of Interest. Board Members shall seek to avoid both the appearance of a conflict of interest and avoid actual conflicts of interest and the appearance of conf of interest with the District. Board Members shall comply with the District's Conflict of Interest Code and ,_the provisions of the Fair Political Practices Commission Regulations and other applicable laws. on public meeting or 74. Gifts and Favors. Board Members shall not take any special advantage of services or opportunities for personal gain by virtue of their public office that is not Board membership. They shall refrain from accepting gifts_, - c prance of doing so.or benefits which are inconsistent with Fair Political Practices Commission Regulations. aro chall mcNntcin the confiskantiality-of onticl ar et - legal authorization, nsr Noo 6s.�h in Number: BP 023 BOARD ETHICS AND CODE OF CONDUCT Page 3 of 7 85. Use of Public Resources. Board Members shall not use public resources which ■ facilities) -for private gain or for personal purposes not otherwise authorized by law. 106. Advocacy. Board Members shall represent the official policies or positions of the Board of Directors to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, Board Members shall explicitly state they do not represent the Board of Directors or the District, nor will they allow the inference that they do, 11. Policy Role of Board Members. The Board direction and o for 31( General Manager. 12. Restive .".►or!; PlaceE-rwirvnmtint. Board Membcm chall support the n tho authority of the Gsnorcl way create the perception -of incppr 7. Confidentiality. Board Members will not disclose to unauthorized persons any information that legally qualifies as confidential without approval of the Board of Directors. This includes information that (1) has been received for. or during. a closed session of the Board; (2) is protected from disclosure under the attornev-client or other evidentiary privilege; or (3) is not disclosable under the Public Records Act. Board Member may make a confidential inquiry or complain to the District Counsel or grand iury concerning a perceived violation of the law, including disclosing facts to the District Counsel or grand iury necessary to establish the alleged illeoality of a District action. Prior to disclosing confidential information, however. a Board Member will first bring the matter to the attention of either the Board President or the full Board. in a lawful and appropriate manner. to provide an opportunity to cure the alleged violation. Bede B.Board Conduct Guidelines The Code-ef-Board Conduct Guidelines are designed to describe the manner in which Board Members should treat one another, District staff, constituents, and others they come into contact with while representing the District. Other in Public Meetings e.e • -- Board Members Conduct with Each Number: BP 023 BOARD ETHICS AND CODE OF CONDUCT Page 4 of 7 Electcd and appointed offioialo re -Board Members are often individuals with a wide variety of backgrounds, personalities, values, opinions and goals. Despite this diversity, all have chosen to serve the public in order to preserve and protect public health and the environment. In all cases, this common goal should be acknowledged even though individuals may not agree on every issue. (a) Honor the rele-Role of the Board President in orderMaintainina Order It is the responsibility of the Board President to keep the comments of Board Members on track during public meetings. Board Members should honor efforts by the President to focus discussion on current agenda items. If there is disagreement about the agenda or the President's actions, those objections should be voiced politely and with reason, following procedures outlined in the adopted Rosenberg's Rules of Order parliamentary procedure. (b) Practice civility and decorum in discussions and dcbatcCivilitv and Decorum in Discussions and Debate Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of debate by a free democracy in action. Free debate does not require, nor justify, public officials making belligerent, personal, impertinent, slandcrouo, throatening, abusive, or disparaging comments. (c) Demonstrate effective problem solving approachesEffective Problem- Solvina Approaches Board Members have a public stage and have the responsibility to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole. Board Members shall prepare themselves for meetings, listen attentively to all public discussions. and focus on the business at hand. -- in Public Meetings '--- - --a•- Board Members' Conduct with the Public Making the public feel welcome is an important part of the democratic process. No signs of partiality, prejudice or disrespect should be evident on the part of individual Board Members toward an individual participating in a public forum. Every effort should be made to be fair and impartial in listening to public testimony. Asking for clarification is appropriate, but Board Members should avoid debate and argument with the public. Number: BP 023 BOARD ETHICS AND CODE OF CONDUCT Page 5 of 7 • Be fair and opitabIo in allocating public hearing time to individual speakers no • • Msntclin an-epon mins! • Ask for clarification, butavoid debate and argument with the public ' 3. Board Members Conduct with Staff • The District's success in accomplishing its mission is -can best be accomplished as a result of the Board providing regular direction from the Board and management staff carrying out that direction.Thcrc arc time; when Board Members need additional information from staff. The following suggestions will help t,40 n appropriate time frame. (a) Board/General Manager Relationship The Board sets policy and the General Manager is responsible for execution of that policy. The Board provides policy direction and instructions to the General Manager on matters within the authority of the Board only by majority vote of the Board during duly convened Board meetings. (b) Requests for information Information from sta#fStaff •Most requests for information from or direction to staff should come from the Board or a Committee. There are times when Board Members need additional information from staff. Good management requires that the General Manager monitors and directs the work of staff rather than individual Board Members. •If a request comes from an individual Board Member, the request should generally start with the General Manager. The General Manager should be able to obtain the answers or involve the right person in the discussion as needed. •_The Secretary of the District is often able to assist with -Board Members with obtaining District records and other scheduling or administrative or other type matters. When Board Members discuoc matters directly with otsff, thcy should recognize that: • It is common for staff to interpret a question or comment from a Board Member as direction and drop current acinignmcnts to undertake a project, r - --•- - -- :e. e -• .- e. though this may not be tho intention of the Board Member. • Information obtained directly from otaff may be a work in progreoo th . has not b AL whO is e:ltirnatcly recommended by the General Manager. Number: BP 023 BOARD ETHICS AND CODE OF CONDUCT Page 6 of 7 * ith an a inquiry, he or she should let the General Manager know GO that tho need fcx- improvemont oan bo addresccd. (c) Do not solicit political support from staff (c) No Solicitation of Political Support from Staff Elected officials should not solicit any type of political support from staff. Staff may, as private citizens with constitutional rights, support political candidates but all such activities should be done away from the workplace.District workplace during non - work hours. (d) Positive Work Environment 1. GI 3oard Members will not disclose to Nn :th out approval of the Board of Directors. This c ootablioh the sIloged illegality ct a D'otrict action. Prior to disclosing confidontiol information, 9oard President or tha full Bosrc!, in a lawful and appropriato msnnor, to provide a----- - ---- --- - -- - Board Members shall support the maintenance of a positive and constructive work place environment for District employees and shall recognize their special role in dealings with employees to in no way create the perception of inappropriate direction to staff. 54. Violation of Policy A perceived violation of this policy by a Board Member should be referred to the Board President for investigation evaluation and consideration of any appropriate action warranted. In the case of a perceived violation y -by the Board President, the matter should be_ referred to the Board President Pro Tem. Typically. reports, complaints or concerns of perceived violations should be shared by the Board President or Board Pro Tem with the entire Board. The Board President or Pro Tem may seek the assistance of the General Manager and District Counsel to assist with the process of addressing a report or complaint of a violation. A violation of this policy may be addressed by remedies available by law, including but not limited to: Number: BP 023 BOARD ETHICS AND CODE OF CONDUCT Page 7 of 7 • Adopting a resolution expressing disapproval of the conduct of the Board Member who violated the policy; • Injunctive relief; or • Referral of the violation to the District Attorney and/or grand jury. Formal Board actions to address violations shall typically be taken in the public portion of a properly noticed Boardf meetina. [Original Retained by the Secretary of the District] 1 2634068.1