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HomeMy WebLinkAbout04. Adopt proposed revisions to Board Policy No. BP 034 Page 1 of 4 Item 4. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: DECEMBER 15, 2022 SUBJECT: ADOPT PROPOSED REVISIONS TO AMEND AND RETITLE BOARD POLICY NO. BP 034 - REPORTING PROTOCOL FOR ETHICS HOTLINE SUBMITTED BY: INITIATING DEPARTMENT: AMELIA BERUMEN, ASSISTANT TO THE SECRETARYOF THE DISTRICT SECRETARY OF THE DISTRICT REVIEWED BY: KATIE YOUNG, SECRETARYOF THE DISTRICT KENTON L. ALM, DISTRICT COUNSEL ISSUE Revisions to Board polices require Board approval. The Board's consideration to adopt proposed revisions to referenced Board Policy is hereby requested. BACKGROUND In July 2022, the Administration Committee conducted a biennial review of the aforementioned Board Policy. No revisions by staff or the Committee were recommended at that time. Staff has since reevaluated the existing policy and has recommended changes that include clarification of the existing third-party hotline (WeTip), refinement of the protocol, and a rephrased policy title. Concurrently, staff has prepared an amendment to the accompanying Administrative Procedure. The Board Policy changes were recently reviewed and discussed with the Committee. Attachment 1 provides the policy revisions in a strikeout format that includes additional changes recommended by the Committee. For clarity, a non-strikeout version is also provided as Attachment 2. ALTERNATIVES/CONSIDERATIONS The Board could choose not to adopt the proposed revisions or provide other direction to staff. FINANCIAL IMPACTS None. December 15, 2022 Regular Board Meeting Agenda Packet- Page 23 of 145 Page 2 of 4 COMMITTEE RECOMMENDATION The Administration Committee reviewed the proposed revisions at its December 6, 2022 meeting and recommended approval with minor changes to move forward with the clarifications intended. The Committee requested staff discover alternative means for reporting concerns with anonymity for future consideration. RECOMMENDED BOARD ACTION Approve the proposed revisions, including a title change, to Board Policy No. BP 034 - Ethics Hotline Reporting Protocol. Strategic Plan re-In GOAL ONE: Customer and Community Strategy 1—Deliver high-quality customer service GOAL FOUR: Governance and Fiscal Responsibility Strategy 1 - Promote and uphold ethical behavior, openness, and accessibility ATTACHMENTS: 1. Proposed Revisions to BP 034 (strikethrough) 2. Proposed Revisions to BP 034 (clean draft) December 15, 2022 Regular Board Meeting Agenda Packet- Page 24 of 145 Page 3 of 4 Attachment 1 Number: BP 034 Related Admin. Procedure: AP 034 Authority: Board of Directors Effective: June 7, 2018 -==-- Revised: l�x'16,202-9December 15, 2022 Reviewed: july 18;022December 6, 2022 CENTRALSAN Initiating Dept./Div.: Administration/SOD BOARD POLICY REPORTING PROTOCOL FOR ETHICS HOTLINE REPORTING PROTOCOL PURPOSE To establish a policy on reporting mechanisms for processing anonymous information received from employees or members of the public via a third-party hotline service (WeTip), provided by the California Sanitation Risk Management Authority (CSRMA), for reporting potential fraud or misconduct. POLICY The Board of Directors supports making available to emnln„ees and Board Mernberc thean opportunity to anonymously report any potential fraud or misconduct at Central San. The reporting avenue shall preserve anonymity and be separate from Central San management's normal reporting structure to prevent any potential barriers to the reporting of potential wrongdoing. As such, Tthe Secretary of the District, or her delegate, and the I- urnan Reoe„rneo Managershall be responsible for cataloging and reporting information received via the hotline service to the General Manager, Internal Auditor Deputy General Manager, and District Counsel, and Department DireGters as appropriate. -The Board President shall be notified of any calls to the hotline involving those holding executive management positions as defined in Section 4.24.030.A.2. of the District Code (General Manager, Counsel for the District, and Secretary of the District). Reported matters pertaining to a Board Member(s) shall be provided to the General Manager and District Counsel for review. WeTip will maintain confidential reporting and not record the person's identity. However, should the employee not wish to be anonymous, the employee shall be protected from retaliation. [Original retained by the Secretary of the District] December 15, 2022 Regular Board Meeting Agenda Packet- Page 25 of 145 Page 4 of 4 Attachment 2 Number: BP 034 Related Admin. Procedure: AP 034 Authority: Board of Directors Effective: June 7, 2018 -==-- Revised: December 15, 2022 Reviewed: December 6, 2022 CENTRALSAN Initiating Dept./Div.: Administration/SOD BOARD POLICY ETHICS HOTLINE REPORTING PROTOCOL PURPOSE To establish a policy on reporting mechanisms for processing anonymous information received from employees or members of the public via a third-party hotline service (WeTip), provided by the California Sanitation Risk Management Authority (CSRMA), for reporting potential fraud or misconduct. POLICY The Board of Directors supports making available an opportunity to anonymously report any potential fraud or misconduct at Central San. The reporting avenue shall preserve anonymity and be separate from Central San management's normal reporting structure to prevent any potential barriers to the reporting of potential wrongdoing. As such, the Secretary of the District, or her delegate, shall be responsible for cataloging and reporting information received via the hotline service to the General Manager, and District Counsel. The Board President shall be notified of any calls to the hotline involving those holding executive management positions as defined in Section 4.24.030.A.2. of the District Code (General Manager, Counsel for the District, and Secretary of the District). Reported matters pertaining to a Board Member(s) shall be provided to the General Manager and District Counsel for review. WeTip will maintain confidential reporting and not record the person's identity. However, should the employee not wish to be anonymous, the employee shall be protected from retaliation. [Original retained by the Secretary of the District] December 15, 2022 Regular Board Meeting Agenda Packet- Page 26 of 145