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HomeMy WebLinkAbout11.b. Consider adopting new Board Policy No. BP 023-Board Ethics and Conduct Central Contra Costa Sanitary District 11obo ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: July 7, 2016 subject: NEW BOARD POLICY NO. BP 023 - BOARD ETHICS AND CONDUCT Submitted By. Initiating Dept./Div.: Elaine R. Boehme Administration/SOD Secretary of the District REVIEWED AND RECOMMENDED FOR BOARD ACTION: %"CK. /ictGeneral Almoger S.BaileCounsel for the DiManag ISSUE: Determine whether to adopt a new Board Policy No. B 023 - Board Ethics and Conduct, setting forth standards of personal and professions nduct for Board Members. BACKGROUND: Due to interest expressed at the September 2015 Board Governance Workshop, and as requested by the Administration Committee, staff drafted a Board Ethics and Conduct Policy for Committee and subsequent Board consideration. ALTERNATIVES/CONSIDERATIONS: The Board may decline to adopt the policy or may provide other direction to staff. FINANCIAL IMPACTS: None related to this action. COMMITTEE RECOMMENDATION: This matter was reviewed by the Administration Committee on November 23, 2015, December 21, 2015, April 20, 2016 and May 9, 2016 and the Committee requested various revisions. The Committee recommends adoption of the new policy. RECOMMENDED BOARD ACTION: Determine whether the Board wishes to adopt the attached new Board Policy No. BP 023 - Board Ethics and Conduct, or provide some other direction to staff. Attached Supporting Document: 1. Proposed BP 023—Board Ethics and Conduct N:WDMINSUP\ADMIN\DIST-SEC\Position Papers\2016\PP Board Ethics and Conduct BP 023.doc Page 1 of 1 ATTACHMENT 1 Central Contra Costa Number: BP 023 Sanitary District Authority: Board of Directors Effective: July 7, 2016 Revised: AfML Reviewed: Initiating Dept./Div.: Board of Directors/ ' Secretary of the District BOARD POLICY 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, including: • Upholding 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; • Complying with applicable laws and policies regulating their conduct, including open government, conflict of interest, and financial disclosure laws; Being accountable to the constituents as a top priority through impartial and independent decision making in light of the needs of the people they serve; • Creating policies and provide fiscal oversight; and Appointing and evaluating the General Manager, Secretary of the District, and District Counsel. A. Board Ethics The Members of the Board of Directors shall conduct themselves in accordance with the following ethical standards: Number: BP 023 BOARD ETHICS AND CONDUCT Page 2of6 1. Act in the Public Interest. Recognizing that stewardship of the public interest must be their primary concern, Board Members will work for the commong ood 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 listen to and consider all evidence and information presented on a matter and refrain from reaching any final conclusion until the completion of the hearing or the discussion of the matter. 3. Conflict of Interest. Board Members shall avoid 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. Open and Public Meetings. Board Members shall adhere to the rules restricting Board decision making to properly noticed public meetings consistent with the provisions of the Ralph M. Brown Act found at section 54950 and following of the California Government Code. 8. 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 Members may make a confidential inquiry or complaint to the District Counsel, District Attorney, or grand jury concerning a perceived violation of the law, including disclosing facts to the District Counsel, District Attorney, or grand jury Number: BP 023 BOARD ETHICS AND CONDUCT Page 3 of 6 necessary to establish the alleged illegality of a.District action. Prior to disclosing confidential information, however, a Board Member may first bring the matter to the attention of the full Board, in a lawful and appropriate manner, to provide an opportunity for the Board to address the alleged violation of the law. 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 Meetings 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 and reasonably manage the discussion process. 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. Board Members should be respectful of other Board members' right to promote differing positions (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. Board Members should be mindful of the time taken in making their Number: BP 023 BOARD ETHICS AND CONDUCT Page 4of6 comments and accept that each Board Member should be afforded adequate time for comments. (d) Ex Parte Communications Board Members shall publicly announce to the Board any ex parte communications which have occurred that relate to matters under consideration at that Board meeting. Board Members shall also announce to the full Board when he or she has made public statements or presentations outside of a Board meeting concerning items to be addressed or discussed at the Board meeting. 2. Board Members' Conduct with the Public in Public Meetings (a) Public Attendance at 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. (b) Avoidance of Discriminatory Speech or Actions Board Members shall avoid statements or comments that suggest any intent to differentiate or discriminate in District actions or policy between persons or classes of the public on the basis of on race, religion, color, creed, age, marital status, national origin, ancestry, gender, sexual orientation, medical condition or disability or other protected classes. 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 Number: BP 023 BOARD ETHICS AND CONDUCT Page 5of6 Board or a Board Committee. There are times when Board Members seek 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 support political candidates of their choice, but all such activities should be done away from the District workplace during non-work hours. (d) Positive Work En vironmen t 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 avoid 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 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 with regard to the process for 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 0 Referral of the violation to the District Attorney and/or grand jury. Number: BP 023 BOARD ETHICS AND CONDUCT Page 6 of 6 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]