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HomeMy WebLinkAbout4.e. Conduct Biennial Review of the following Board Policies: BP 015- Asset Management, BP 023 - Board Ethics Conduct, and BP 024 - Occupational Health and Safety Page 1 of 11 Item 4.e. CENTRAL SAN July 21, 2020 TO: ADMINISTRATION COMMITTEE FROM: KATIE YOUNG, SECRETARYOF THE DISTRICT REVIEWED BY: DANEA GEMMELL, PLANNING & DEVELOPMENT SVRCS DIVISION MANAGER JERRYLEDBETTER, SAFETY OFFICER KENTALM, DISTRICT COUNSEL ROGER S. BAILEY, GENERAL MANAGER SUBJECT: CONDUCT BIENNIAL REVIEW OF THE FOLLOWING BOARD POLICIES: 1) BP 015 - ASSET MANAGEMENT 2) BP 023 - BOARD ETHICS AND CONDUCT 3) BP 024 - OCCUPATIONAL HEALTHAND SAFETY Attached are copies of the above Board Policies, which are being presented to the Committee for their biennial review. Staff has no recommended changes to any of these existing policies. If the Committee concurs, the policies will remain as they are and will be reviewed again in two years. However, if the Committee recommends changes, the policies will be brought to the full Board for consideration of any proposed revisions. Strategic Plan re-In GOAL ONE: Customer and Community Strategy 2—Maintain a positive reputation GOAL TWO: Environmental Stewardship Strategy 2—Anticipate and prepare for potential regulatory changes ATTACHMENTS: 1. BP 015 -Asset Management 2. BP 023 - Board Ethics and Conduct 3. BP 024 - Occupational Health and Safety July 21, 2020 Regular ADMIN Committee Meeting Agenda Packet- Page 26 of 126 Page 2 of 11 Attachment 1 Number: BP 015 Authority: Board of Directors Effective: November 20, 2014 Revised: November 3, 2016 Reviewed: CENTRALSAN Initiating Dept./Div.: Engineering/ Planning & Development BOARD POLICY ASSET MANAGEMENT PURPOSE The purpose of this Board Policy is to recognize that the District • has invested significant resources in its assets, and • aims to optimize the management of these assets to deliver high quality and reliable services in a sustainable manner with an acceptable level of risk. DEFINITION An asset pursuant to this Policy refers to both physical and software assets and is defined as having a replacement value greater than $5,000 and a useful life of at least two years. POLICY Asset management is a broad strategic framework that encompasses many disciplines involving the entire District. In support of its Mission, Vision, and Strategic Plan, the District sets forth the following directives related to asset management: Data and Knowledge The District will maintain a comprehensive asset register to facilitate management over the assets' Iifecycle. Information Systems The District will make capital and ongoing investments sufficient to own, operate, and maintain a reliable and state-of-the-art security-protected information management system that supports timely, evidence-based decision making at all levels of the organization. Processes and Practices The District will develop processes, procedures and practices for staff in support of this Policy using industry accepted guidelines and practices to provide consistency across the organization. July 21, 2020 Regular ADMIN Committee Meeting Agenda Packet- Page 27 of 126 Page 3 of 11 Number: BP 015 ASSET MANAGEMENT Page 2 of 2 People The District will implement education, training, and mentoring programs to ensure that asset management practices are widely communicated, understood, and implemented throughout the organization. Organization The District will establish organizational responsibility to lead and manage a comprehensive asset management program. [Original Retained by the Secretary of the District] July 21, 2020 Regular ADMIN Committee Meeting Agenda Packet- Page 28 of 126 Page 4 of 11 Attachment 2 Number: BP 023 Authority: Board of Directors Effective: July 7, 2016 ----- Revised: May 17, 2018 Reviewed: CENTRALSAN 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 Central San Board Members that reflect the mission, vision, values and goals of the District and the communities it serves. POLICY Responsibilities of Public Office 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: July 21, 2020 Regular ADMIN Committee Meeting Agenda Packet- Page 29 of 126 Page 5 of 11 Number: BP 023 BOARD ETHICS AND CONDUCT Page 2of7 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 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 shall not disclose to unauthorized persons any information that legally qualifies as confidential without approval of the entire Board. 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. Prior to disclosing confidential information, a Board Member must first bring the matter to the attention of the full Board, in a lawful and July 21, 2020 Regular ADMIN Committee Meeting Agenda Packet- Page 30 of 126 Page 6 of 11 Number: BP 023 BOARD ETHICS AND CONDUCT Page 3 of 7 appropriate manner. This provides an opportunity for the Board to address the alleged violation of the law. 9. Addressing Violations or Improprieties: In the event of a concern of serious impropriety or violation of the law by the Board or a Board Member, a Board Member should make a confidential inquiry or complaint first to the District Counsel. Should the Board Member be unable to resolve the issue at this level, he or she may contact the Contra Costa County District Attorney or grand jury concerning a perceived violation of the law. Such inquiries or complaints may include disclosing facts to the District Counsel, District Attorney or grand jury necessary to establish the alleged illegality of a District action and such a disclosure of confidential information shall not be viewed as an improper breach of the confidentiality obligation. 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 professionally acknowledged and respected even though individuals may not agree on every issue. a. Respect 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 respect 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 July 21, 2020 Regular ADMIN Committee Meeting Agenda Packet- Page 31 of 126 Page 7 of 11 Number: BP 023 BOARD ETHICS AND CONDUCT Page 4 of 7 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 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 may have occurred that relate to matters under consideration at that Board meeting or at any future meetings. Ex parte communications are communications made outside the Board Room setting where not all the Board Members are present, For purposes of this policy, simple social conversations, or conversations unrelated to the matters to be brought before the Board, do not need to be publically announced. Similarly, Board Members should also disclose receipt of significant information obtained at a seminar, forum, or other public meeting which is directly related to an agendized item and could reasonably impact a Board Member's consideration of that matter. Board Members shall announce to the full Board when they have made public statements or presentations outside of a Board meeting concerning matters of District business. Also, when presenting their individual opinions and positions publicly, Board Members shall explicitly state they do not represent the Board of Directors or the District, nor should any such inference be allowed to be drawn. 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. The Board President has the responsibility to ensure that the public is treated appropriately and consistently in meetings. 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. July 21, 2020 Regular ADMIN Committee Meeting Agenda Packet- Page 32 of 126 Page 8 of 11 Number: BP 023 BOARD ETHICS AND CONDUCT Page 5 of 7 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 regularly providing 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, as a whole, 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. These instructions and direction include the goals and objectives outlined in the Strategic Plan as well as the General Manager's annual performance goals. b. Requests for Information from Staff Most requests for information from or direction to staff should come from the Board or a Board Committee. There are times when individual 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 be made to the General Manager. The General Manager should be able to obtain the answers or involve the right person in the discussion as needed. Requests from individual Board Members for information, such as studies or assessments that require more than a minimal amount of staff time, shall be placed on a Board agenda for approval by a majority of the Board. If the request is made during a Board meeting, the Board President shall ask the General Manager for an assessment of the staff time necessary to support the request and the full Board shall indicate by majority vote if it wishes to proceed with obtaining the requested information. 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 July 21, 2020 Regular ADMIN Committee Meeting Agenda Packet- Page 33 of 126 Page 9 of 11 Number: BP 023 BOARD ETHICS AND CONDUCT Page 6of7 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 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 avoid the perception of inappropriate direction to staff. 4. Board Members Serving as Committee Members: Board Members serving as Committee Members shall follow the conduct guidelines set forth above, and shall adhere to Board Policy No. BP 013 — Standing Committee Protocols, Guidelines and Charters. 5. Board Self-Evaluation: The Board shall conduct a public self-evaluation workshop annually, with even years being full evaluations focusing on broad topical performance questions and odd years focusing on specific topics identified in even-year evaluations. 6. 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 President Pro Tem. Typically, reports, complaints or concerns of perceived violations should be shared by the Board President or President Pro Tem with the entire Board. The Board President or President Pro Tem shall seek the assistance of the General Manager and District Counsel with regard to the process for addressing a report or complaint of a perceived violation. A violation of this policy may be addressed by remedies available in law, including but not limited to: a. Informal discussion with the Board President or President Pro Tem; b. Professional counseling/coaching for the individual Board Member, upon recommendation of a majority of the Board; C. An expression of admonition or disapproval of the conduct and/or censure of the Board Member. This could take place in accordance with the following path: July 21, 2020 Regular ADMIN Committee Meeting Agenda Packet- Page 34 of 126 Page 10 of 11 Number: BP 023 BOARD ETHICS AND CONDUCT Page 7 of 7 (1) An verbal admonition (not a written action) carried out by the Board President or President Pro Tern in a public meeting with approval of a majority of the Board Members; and (2) A formal censure in the form of a resolution, which may include actions up to and including removal from all committee assignments and any outside form of representation of the District; d. Injunctive relief; or e. Referral of the violation to the Contra Costa County District Attorney and/or grand jury for investigation. Nothing herein, however, shall be construed to prohibit a Board Member of his or her First Amendment right to free speech, nor the Board's right to express their collective disapproval. Formal Board actions to address violations shall be taken in the public portion of a properly noticed Board meeting. [Original retained by the Secretary of the District] 2949813.1 July 21, 2020 Regular ADMIN Committee Meeting Agenda Packet- Page 35 of 126 Page 11 of 11 Attachment 3 Number: BP 024 Authority: Board of Directors ZIOL Effective: May 5, 2016 Revised: Reviewed: May 8, 2018 CENTRALSAN Initiating Dept./Div.: Operations / Safety BOARD POLICY OCCUPATIONAL HEALTH AND SAFETY PURPOSE To provide a safe work environment, as free as possible, from the threat of injury and illness due to unsafe practices or conditions for District staff and members of the public. POLICY The District will: • establish occupational health and safety as a priority in conjunction with efficiency and productivity; • comply with applicable federal, state, and local occupational health and safety regulations and, where feasible, implement best management practices to ensure the safety of District employees and the public; • provide appropriate safety training, procedures, tools, and personal protective equipment for employees while encouraging every employee to work safely and to report unsafe work conditions, practices, or procedures; • monitor the work environment for occupational health hazards (e.g., musculoskeletal disorders, heat illness, chemical, biological, and noise exposures, etc.); and • provide the Board of Directors with an annual report. [Original Retained by the Secretary of the District] July 21, 2020 Regular ADMIN Committee Meeting Agenda Packet- Page 36 of 126