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HomeMy WebLinkAbout09. Continue discussion regarding protocol for written public comment correspondence received during Board and Committee meetings Page 1 of 4 Item 9. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: AUGUST 18, 2022 SUBJECT: CONTINUE BOARD MEMBER DISCUSSION REGARDING PROTOCOL FOR HANDLING WRITTEN PUBLIC COMMENT CORRESPONDENCE RECEIVED AS PART OF BOARD AND COMMITTEE MEETINGS; CONS IDER APPROVAL AND IMPLEMENTATION OF PROPOSED GUIDELINES SUBMITTED BY: INITIATING DEPARTMENT: KATIE YOUNG, SECRETARY OF THE SECRETARYOF THE DISTRICT DISTRICT Roger S. Bailey Kenton L. Alm General Manager District Counsel ISSUE At the June 16, 2022 Board meeting, staff was provided direction to agendize an item for the Administration Committee to discuss District protocol on correspondence received during Board and Committee meetings. The Administration Committee has since review this matter, and directed staff to draft guidelines for inclusion in the Board Member Handbook, which is now being brought before the Board for consideration. BACKGROUND As described in the District's current Board Member Handbook, members of the public may comment on items that are on the agenda as they come up for discussion. The Board President will ask if anyone present wishes to comment on the agenda item. For items that are not on the agenda, the public may comment during the "Public Comment Period." The Brown Act prohibits discussion of non-agendized items. I n some cases, it may be appropriate for Board August 18, 2022 Regular Board Meeting Agenda Packet- Page 53 of 76 Page 2 of 4 Members to ask questions in order to clarify the matter, so it may be properly agendized for a future meeting. For public comments on items on the agenda, the Board may discuss the merits of the item after public comment. During this time, the Board may ask staff additional questions or seek the advice of the General Manager and/or the District Counsel. During the last two years of the pandemic, the Board has received public comments via the Speaker/Comment Card option on the District website or via electronic mail to the Secretary of the District. I n past practice, the Secretary of the District has read the comments received for the record and the public comment is uploaded to the District website after the meeting for public review. Discussion ensued at the July 5 and July 18 Administration Committee meetings. Staff presented proposed policies for consideration on July 5 and direction was provided for staff to draft guidelines for handling written public comments prior and during Board and Committee meetings. The draft guidelines were reviewed by the Administration Committee on August 2, and are attached for review and discussion. ALTERNATIVES/CONSIDERATIONS The Board could choose to continue with current practices and/or not create Board Guidelines. FINANCIAL IMPACTS None. COMMITTEE RECOMMENDATION The Administration Committee discussed this matter at its meetings of July 5, July 18, and August 2, 2022 and recommended approval of the proposed guidelines for inclusion in the next Board Member Handbook. RECOMMENDED BOARD ACTION Continue discussion and provide direction to staff or recommend the guidelines for Board consideration. ATTACHMENTS: 1. Proposed Guidelines for Handling Written Public Comments August 18, 2022 Regular Board Meeting Agenda Packet- Page 54 of 76 Page 3 of 4 DRAFT Guidelines for Handling Written Public Comment These guidelines establish the criteria for handling written public comments when received by the Board of Directors, Secretary of the District, or General Manager. The Board welcomes input from the community at any time, including during public hearings, public comment periods at meetings, or during discussion of an item listed on the agenda. All written public comments received will be distributed to the Board of Directors and General Manager upon receipt and will be retained by the Secretary of the District for the record. The Board President or the Committee Chair has the authority to use their discretion in implementing these guidelines based on circumstances. Written comments will be made available during the Board Meeting. Agendized Items Members of the public may provide written comments for items on the agenda as they come up for discussion. • Comments received prior to posting of the agenda materials will be included in the agenda packet. • Comments received after posting of the agenda materials will be summarized during the meeting, including the author's name. • All comments received on an agendized item may be read aloud at the discretion of the General Manager or his/her designee (or potentially the Board President/Committee Chair),which are deemed appropriate and will be posted to the District website with the agenda materials. An exception is for those that include a personnel nature, threats, or inappropriate material. Items not on the Agenda Members of the public may provide written comments on items not on the agenda during the Public Comment portion of the meeting. • Written comments received which are not related to an item on the agenda, may be read aloud except those of personnel nature, threats, or inappropriate material. • To properly manage time, consideration will be given to the number of comments and the length of each comment. August 18, 2022 Regular Board Meeting Agenda Packet- Page 55 of 76 Page 4 of 4 DRAFT Guidelines for Handling Written Public Comment • The General Manager or his/her designee (or potentially the Board President/Committee Chair) will determine which written public comments are deemed appropriate to potentially be read during the meetings. • After completion of the Board Meeting, the Secretary of the District may post the received written public comments, as determined appropriate by the General Manager or his/her designee, to the District website with the agenda materials. [To be included in the Board Member Handbook] August 18, 2022 Regular Board Meeting Agenda Packet- Page 56 of 76