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HomeMy WebLinkAbout04.b. Review Proposed Guidelines for Appointing a New Board MemberPage 1 of 13 Item 4.b. F.1_448�411C_S 0 August 1, 2023 TO: ADMINISTRATION COMMITTEE FROM: KATIE YOUNG, SECRETARYOF THE DISTRICT REVIEWED BY: PHILIP LEIBER, DEPUTYGENERAL MANAGER ROGER S. BAILEY, GENERAL MANAGER SUBJECT: REVIEW PROPOSED GUIDELINES FORAPPOINTINGANEW BOARD MEMBER At the July 11, 2023 Special Board Meeting, staff was given direction by the Board to develop a set of guidelines for appointing a new Board Member. Strategic Plan re -In GOAL ONE: Customer and Community Strategy 1— Deliver high -quality customer service GOAL THREE: Workforce Diversity and Development Strategy 1 - Recruit from a diverse pool of qualified applicants, Strategy 4 - Foster a culture of diversity, equity, and inclusion GOAL SEVEN: Innovation and Agility Strategy 3 - Be adaptable, resilient and responsive ATTACHMENTS: 1. Draft Guidelines for Appointing a New Board Member August 1, 2023 Regular ADMIN Committee Meeting Agenda Packet - Page 13 of 27 Page 2 of 13 BOARD APPOINTMENT PROCESS POLICY PURPOSE To ensure a transparent, fair and equitable appointment/selection process and set forth guidelines for Board Members to appoint future Board Members at Central San in accordance with California Government Code Section 1780. The Board will endeavor to fill vacant board positions in a process that is transparent, fair and equitable, legally compliant, and which enhances the ability of the Board to better serve the public. These guidelines will help to provide a fair and level playing field for the candidates, base a defined set of criteria and consistent with Central San's commitment to Diversity, Equity and Inclusion. POLICY A vacancy on the Board exists when a Board Member resigns, is impeached, recalled, dies, or without excuse, fails to discharge the duties of office for three consecutive months without specific authorization of the Board. Central San shall notify the county elections official of the vacancy no later than 15 days after either the date on which the Board is notified of the vacancy or the effective date of the vacancy, whichever is later. The remaining members of the Board may fill the vacancy either by appointment, or by calling an election. The Board shall make the appointment within 60 days after the effective date of the vacancy. Central San shall post a notice of the vacancy in three or more conspicuous places in the District at least 15 days before the Board makes the appointment. Central San shall notify the county elections official of the appointment no later than 15 days after the appointment. BOARD DECISION ON APPOINTMENT PROCESS The Board must determine one of the following actions at first notice of vacancy: 1. Board Appointment — The Board must appoint a Board Member within 60 days of the vacancy notice 2. Election — If the vacancy is not filled by appointment, the Board shall call an election within 60 days of the vacancy in concurrence with the County Registrar of Voters. 3. Board of Supervisors — If the Board fails to fill the vacancy by appointment and fails to call an election within 60 days of the vacancy occurring, the District shall turn the matter over to the Contra Costa County Board of Supervisors for a decision on an appointment or the calling of an election to fill the vacancy. 1 August 1, 2023 Regular ADMIN Committee Meeting Agenda Packet - Page 14 of 27 Page 3 of 13 GUIDELINES FOR APPOINTMENT PROCESS A. Develop and Review Appointment Process Information 1. The Board will provide criteria for selecting a new Board Member, which may be factors applied by an individual Board Member or adopted by the Board as a whole. 2. The Board will review and approve application form (Exhibit A), notice of vacancy (Exhibit B), select interview questions (Exhibit C), and set application due date. 3. The Secretary of the District will update the Timeline for New Board Member Appointment, provide to the Board and post on Central San Website. 4. The Secretary of the District will post a Notice of Vacancy for a minimum of 15 days and application package. B. Initial Screening of Applications 1. The General Manager and/or Secretary of the District will do a compliance screening of all applications and develop an eligibility list for Board review during open session at a Board meeting. 2. The Board will use developed criteria to screen applications to interview in open session. a. A form that fairly captures criteria developed above may be used in the screening/ranking process. 3. The Board will conduct random draw of candidates for interview selection times. 4. The Board will review sample interview questions and determine which questions will be used and the assignment of questions. C. Interview Logistics 1. Duration of interview: 45-60 minutes per candidate. 2. Board Members should ask their questions in an orderly consistent manner (such as in succession from left to right) 3. Board Members should have the opportunity to ask follow-up questions. Note: A list of recommended follow-up questions may be desirable, which have been vetted by vetted by Human Resources, Legal Counsel, and/or DEI Committee. 4. Board Members are to hold each other accountable to uphold standards of respectful communication. 2 August 1, 2023 Regular ADMIN Committee Meeting Agenda Packet - Page 15 of 27 Page 4 of 13 D. Discussion/Appointment 1. A discussion of candidates will be conducted by the Board. a. The Board may consider hiring a facilitator for the discussion portion of the interview. 2. Exhibit E contains a discussion of selection criteria and voting methods. a. Any alterations from the last time the criteria were posted should be disclosed for both the public and to facilitate communication with fellow Board Members b. Each board member will rank their top candidates using a standardized assessment form finalized. c. The Board will decide on the ranking process. E. Fairness Considerations 1. If Board Members have met with or know any of the candidates, it is recommended that the Board Member arrange to meet with the other candidates. a. The Option to meet with all the candidates before the screening b. Option to meet with all the screened candidates before the interview 2. Communication with and discussion of candidates should be respectful and focus primarily on the positives that each could bring. August 1, 2023 Regular ADMIN Committee Meeting Agenda Packet - Page 16 of 27 Page 5 of 13 Exhibit A: Sample Notice of Vacancy NOTICE OF VACANCY ON CENTRAL CONTRA COSTA SANITARY DISTRICT BOARD FOR DISTRICT XXX In accordance with California Government Code Section 1780, it is hereby announced that a vacancy currently exists on the Central Contra Costa Sanitary District Board following XXXXXXX. The Board of Directors is seeking interested persons in Central San's District XXXXX to submit applications for appointment to fill the position of Board Member for a term of office ending after the District's next regular general election in November, XXXX. Applications will be accepted until 5 p.m. on XXXX, XX, XXXX by the Secretary of the District, Central Contra Costa Sanitary District, 5019 Imhoff Place, Martinez, CA 94553 or by email (kyoung(d).centralsan.org) To be considered for the position Candidates must be: 1. 18 years old by day of appointment; 2. A citizen of the United States; 3. A registered voter; 4. Eligible to take the oath of office; 5. A resident of the Election Division X of the District https://www.centralsan.org/elections Application forms are available on the District website at www.centralsan.org or by emailing the Secretary of the District (kyoung(a_centralsan.org). The appointed individual must, upon appointment, complete and file an Economic Interest Statement as required by law. The Board of Directors is the governing body of Central San and derives its authority from that portion of the Health and Safety Code known as the Sanitary District Act of 1923 (Sections 6400-6830). Central Contra Costa Sanitary District (Central San) was formed in 1946 under this Act and has provided wastewater services within its service boundaries since that time. More information is available on our services on our District website at www.centralsan.org August 1, 2023 Regular ADMIN Committee Meeting Agenda Packet - Page 17 of 27 Page 6 of 13 Exhibit B: Sample Application APPLICATION FOR POSITION AS BOARDMEMBER REPRESENTING DIVISION X PLEASE TYPE OR PRINT IN INK. Completed applications must be submitted to the Secretary of the District at 5019 Imhoff Place, Martinez, CA 94553 or via email, kVounq@centralsan.org_by 5:00 p.m. on DATE. Applications submitted after the deadline will not be considered. Responses to all items are required for application to be considered complete. Applicant Name: Address: 1. Are you a resident of Division X*? Yes No *Verification can be obtained clicking the interactive map on the District website at https://www.centralsan.org/elections or by calling the Secretary of the District at 925-229-7303. 2. Are you currently a registered voter? Yes No 3. Have you ever been convicted of a felony*? Yes No *This will not disqualify you as a candidate 4. Attach resume and/or list your education, current employer and work experience: 5. Describe any other relevant current or past experience that would qualify you for this position, including the dates of service and the length of time of the experience, specifically: a. Current or previous elected positions or experience with elected boards: b. Volunteer services or community participation: c. Other group memberships and affiliations: 6. Do you have a familial or financial relationship with an employee or Board Member at Central San? 5 August 1, 2023 Regular ADMIN Committee Meeting Agenda Packet - Page 18 of 27 Page 7 of 13 Yes No If Yes, please identify the nature of the relationship: 7. Do you have any financial relationships with the District such as grants, contracts, or other economic relationships? Yes No If Yes, please identify the nature of the relationship: 8. State your reason for interest in this position and explain why you would be the best candidate for this seat in 500 words or less. (You may use this form or attach a separate document for your response.) 9. Any additional information you would like to provide for consideration. (You may use this form or attach a separate document for your response.) Thank you for your interest in Central San 51 August 1, 2023 Regular ADMIN Committee Meeting Agenda Packet - Page 19 of 27 Page 8 of 13 Exhibit C: Sample Interview Questions The development of questions that are relevant and comprehensive is an important part of the selection process. Appropriate themes/categories for inquiries are a useful starting point to ensure this takes place. Four potential themes/categories are: • Personal • Policy • Financial Responsibility • Environmental Each Board Member may select or be assigned a theme/category, in order to develop a number of questions related to their assigned theme. The questions should be relevant and legally defensible (including a screening by the General Manager/Human Resources/Legal Counsel/DEI Committee). The questions should be designed to provide insight into a candidate's problem solving and thought processes, relevant experience, and fit for the board position. In the debrief and discussion regarding the candidates, Board Members may provide their interpretation of the responses to discuss how these were used in the assessment process and satisfied the defined positional criteria for the role. Example questions related to themes used in the 2023 process include: 1. Personal: About Yourself: (Education, Experience, Focus/ Priorities and qualities) a. What would be your top three to five priorities as a Board Member? b. Why do you want to serve on the Central San Board of Directors? c. Briefly provide an overview of your qualifications for the Board? d. What unique skill set(s)/attributes/experiences would you bring to the Central San Board? e. How is your education background relevant to this position? f. Please describe any experience you may have representing an organization to members of the public, regulators or politicians? g. What qualities make a good board member in your eyes? 2. Personal: Serving the Public: (Your role, time commitment, general aspirations, and future plans) a. If appointed, would you likely run for election in 2024 b. Do you have time to do the all the tasks required of Board Members; such as Board meetings, Committee meetings, etc.? c. How many hours can you devote per week to Board activities including preparation and meetings? d. Board Meetings and Board Committee Meetings are held between the hours of 8 am to approx. 5 pm. Usually there are four meetings per month, but 7 August 1, 2023 Regular ADMIN Committee Meeting Agenda Packet - Page 20 of 27 Page 9 of 13 additional meetings may be required. Is this going to be an issue with your employer/personal life? e. What role do you hope to play on the board? f. What limitations do you have in serving on the Board? g. How do you intend to act as a representative of your constituents and further their interests? h. Is your personal schedule flexible enough to accommodate changes in meeting times and dates? 3. Personal: Working as a Team a. Do you believe generational differences hinder, or help, building an effective team 4. Policy: Central San's Mission and Scope, and Your vision a. Do you think Central San, should be concerned about more than wastewater collection, treatment, discharge and recycling? b. If you had a magic wand what would you like Central San to being doing 10 to 20 years from now that it is not doing now? c. What perspective do you hope to offer on the board? 5. Policy: Diversity, Equity, Inclusion and Social Justice a. Do you think Diversity, Equity and Inclusion are important? If so, why? If not, why not? b. In your opinion, what role should Central San play in social justice issues? 6. Policy: Running the Business: (Operations, Maintenance, Capital Improvement Projects, Labor Negotiations) a. What is your experience in high level oversight of operation and maintenance (O&M) and capital budgets? b. What is your experience with labor negotiations in either the public or private sector settings? 7. Policy: Balancing Competing interests a. How would you balance the needs of the employees, the rate payers and the District as a whole? 8. Financial Responsibility: Fiscal Responsibility and Funding a. Central San needs money to modernize and expand operations. How could you help bring in funding? 9. Environmental: Environment, Climate Change, and Sustainability a. In your opinion, what role should Central San play in environmental issues? b. How do you approach environmental justice? c. What do you consider to be the district's role when it comes to addressing climate change? August 1, 2023 Regular ADMIN Committee Meeting Agenda Packet - Page 21 of 27 Page 10 of 13 Exhibit D: Sample Timeline DIVISION XX DIRECTOR APPOINTMENT Process and Schedule Board decided to appoint new Director. The Board discussed the process, including: vacancy notice, application, interview schedule, and the schedule for appointing a successor. • Staff to post vacancy notices on the District's website, headquarters, and social media outlets. Posting in local newspapers will occur as soon as possible after this date, based on print schedules. • Applications will be available through the Secretary of the District and on the District's website, www.centralsan.or� All eligible applications received by the Secretary of the District by the 5:00 p.m. deadline, on this date, will be considered by the Board. Any applications received after this deadline will not be considered. Staff provides the Board with all qualified applications and posts agenda packet Depending on number of qualified applicants Board Members will: • Narrow down top 5 candidates for interviews • Potential Interviews of Candidates • Potential Interviews of Candidates Director appointment if selection is not made at previous meetings Deadline to notify County Elections Office of appointment. (15 days from appointment date.) First regular Board meeting with new Director. 7 August 1, 2023 Regular ADMIN Committee Meeting Agenda Packet - Page 22 of 27 Page 11 of 13 Exhibit E: Indicative Schedule and Process Flow NOTICE OF VACANCY {Clock Starts) SPECIAL ELECTION -4 DECISION 110 APPOINT NOTIFY COUNTY ELECTION OFFICE NOTES: 1) Need to appoint within 60 days or call for special election. 2) After 80 days Board of Supervisors has 30 days to appoint or III for special election. 3) The term of the appointment shall be until the next regular District election. 4) For a special election the successful candidate will serve the balance of the vacated office term. See State Government Code Section 17800 for further details. 10 August 1, 2023 Regular ADMIN Committee Meeting Agenda Packet - Page 23 of 27 Page 12 of 13 1_ DEVELOP SCHEDULE WITH DATES 7 2. DEVELOPIREVIEW -Notice of Vacancy B_ Conduct Interviews -Application! Target: using assigned and any Target: Supplemental Questions follow-up questions complete: -SetApplicationDue Date complete: 3_ Post Notice of Vacancy and Application Target: Package 9. Each Board member Target: (For 15 days in 3 complete: ranks candidates cam lete: p conspicuous places) 4_ Develop Interview Questions a. Develop subject areas b. Assign subject areas Target: 10. Discuss/make Target: c. Develop/Review Questions corplete: selection or reduce d. Screen Questions for legal/ pool of candidates complete: ❑EI compliance 5. SOD Screens Target: Applications for 11. 2nd interviews of Target: Compliance complete: remaining candidates complete: 6_ Board a_ Screens Candidates and Selects Interviewees Tar -gel: 12. Discuss/make Target: b. Discuss Ranking corplete: selectionlapparit complete: Methodology (could be as a whole or individual) 13_ SOD Administers 7. Set interview times, Target: Oath of Office {by 64 Target: duration, and order days from notice of complele: {Ra nd am} corplete: vacancy} 14. Notify County Office of Elections of filled Target: vacancy (within 15 complete: days of filling vacancy) 11 August 1, 2023 Regular ADMIN Committee Meeting Agenda Packet - Page 24 of 27 Page 13 of 13 Exhibit F: Candidate Selection Criteria Board members should specify their decision -making criteria for the initial screening process, and then in the interview process. The Board may aim to agree to a common set of criteria, or instead, individual board members may specify the criteria they will be using to selected candidates to proceed further into the process, up to including a finalist. The criteria used should provide defensible clarity on the positional success factors listing core competencies, characteristics, skills, experience and other knowledge critical to success in the role being assessed. The criteria should be specified in the early part of the process prior to the screening of candidates to interviews, and if revised, in advance of the interviews. To promote transparency of decision making to both the public and to facilitate communication among the board members, a copy of each board member's selection criteria should be made available (for example posted with the agenda packet). In the discussion of the candidates, Board members should indicate how their preferred candidates met the specified criteria. After the establishment and use of criteria, multiple methods are available to narrow the pool to a smaller number of finalists. These methods include: Plurality voting, approval voting and ranked choice. Plurality voting (called "first past the post" voting). The candidate who receives the most votes wins. Approval voting is a single -winner voting method that allows voters to choose any number of candidates. Final tallies show how many votes each candidate received, and the winner is the candidate with the most support. It may also be used to select multiple candidates to advance to the next round where that advancement requires at least a certain number of votes. Ranked choice voting: Voters rank candidates by preference on their ballots. If a candidate wins a majority of first -preference votes, that candidate is declared the winner. If no candidate wins a majority of first -preference votes, the candidate with the fewest first -preference votes is eliminated. First -preference votes cast for the failed candidate are eliminated, and counting the next -preference choice indicated on those ballots. A new tally is conducted to determine whether any candidate has won a majority of the adjusted votes. The process is repeated until a candidate wins an outright majority 12 August 1, 2023 Regular ADMIN Committee Meeting Agenda Packet - Page 25 of 27