HomeMy WebLinkAbout09. Review and consider adopting proposed guidelines for appointing a new Board memberDCENTRALSAN
MEETING DATE: AUGUST 17, 2023
BOARD OF DIRECTORS
POSITION PAPER
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Item 9.
SUBJECT: REVIEW AND CONSIDER ADOPTING PROPOSED GUIDELINES FOR
APPOINTING A NEW BOARD MEMBER.
SUBMITTED BY:
KATIE YOUNG, SECRETARY OF THE
DISTRICT
PHILIP LEIBER, DEPUTYGENERAL
MANAGER -ADMINISTRATION
Roger S. Bailey
General Manager
ISSUE
INITIATING DEPARTMENT:
DEPUTY GENERAL MANAGER
The Board has expressed interest in adopting guidelines to aid in understanding the Board's role in
addressing any future Board vacancy and executing those responsibilities effectively.
BACKGROUND
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. Guidelines were subsequently compiled by staff based
on Board input received at that time, and these guidelines were presented at the August 1 Administration
Committee meeting. Additional feedback was accepted and used to compile an updated version of the
guidelines which are attached here.
Changes made to the document since the version distributed in the Administration Committee package are
redlined.
Changes include:
• Providing an explanation that the document includes both legally specified and discretionary
elements, with notations of each throughout.
• I n Exhibit B, striking the question regarding felony convictions, to align with practices specified by the
State of California regarding hiring and only making this inquiry after an offer is extended. The
logistics of that inquiry, if performed, would be for the Board to decide during the process.
August 17, 2023 Regular Board Meeting Agenda Packet - Page 91 of 115
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In Exhibit D, referencing "top 5 candidates" as an example only, and indicating rounds on interview
steps.
In Exhibit E, modified high level process flow. Added additional box under the "election" step. Added
Note references in the diagram. Added several additional notes (5-8) regarding detail surrounding
the election process.
ALTERNATIVES/CONSIDERATIONS
The Board could choose to not adopt guidelines, or make further modifications to the guidelines
presented here.
FINANCIAL IMPACTS
There are no financial impacts to adopting the guidelines document.
COMMITTEE RECOMMENDATION
At the August 1, 2023 Administration Committee Meeting, the Committee recommended certain changes
to the material presented by staff, and such changes have been reflected in in the attached guidelines
document. Changes are summarized above and shown in redline text.
RECOMMENDED BOARD ACTION
Review and consider adopting proposed guidelines for appointing a new Board member.
GOAL THREE: Workforce Diversity and Development
Strategy 4 - Foster a culture of diversity, equity, and inclusion
GOAL FOUR: Governance and Fiscal Responsibility
Strategy 1 - Promote and uphold ethical behavior, openness, and accessibility, Strategy 2 - Encourage and facilitate
public participation
ATTACHMENTS:
1.Guidelines for Board Vacancies (redlined)
August 17, 2023 Regular Board Meeting Agenda Packet - Page 92 of 115
BOARD APPOINTMENT PROCESS o^, YGUIDELINES
PURPOSE
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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.
This document contains both information that is mandatory in nature (reflecting state law
as to how Board vacancies are to be resolved) as well as information that is provided for
guidance only (which is not legally binding but which the Board may choose to follow).
These two types of information are labeled accordingly in this document. The next two
sections outline mandatory requirements.
POLICY
A vacancy on the Board exists when a Board Member resigns, is 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 which of eee of the following actions to take, as soon as
possible u on at=first noticicatione of vacancy:
1. Board Appointment — The Board -nTi&t appoint a Board Member
wit:hiRno later than -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. 1
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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.
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GUIDELINES FOR APPOINTMENT PROCESS
The information in this section (including headings A-E) is provided for guidance in
effectively addressing future Board vacancies. It has been developed based on
experience and lessons learned during a 2023 Board vacancy appointment process. It is
not legally binding, and elements may be changed by the Board as is deemed necessary
and appropriate. Exhibits A, B, C, D are also provided for guidance. Exhibit E contains
in the first section an overview of mandatory requirements, and in the second section an
indicative timeline and process steps that may be followed in a Board 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 Loaistics
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)
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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.
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 fa.
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.
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August 17, 2023 Regular Board Meeting Agenda Packet - Page 96 of 115
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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(a)-centralsan.orq)
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
httas://www.centralsan.ora/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
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August 17, 2023 Regular Board Meeting Agenda Packet - Page 97 of 115
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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, kyounq@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
*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?
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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
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August 17, 2023 Regular Board Meeting Agenda Packet - Page 99 of 115
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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
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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?
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Exhibit D: Sample Timeline
DIVISION XX DIRECTOR APPOINTMENT
Process and Schedule
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August 17, 2023 Regular Board Meeting Agenda Packet - Page 102 of 115
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 (for example top 51 candidates for interviews
• Potential Interviews of Candidates (first round)
• Potential Interviews of Candidates (second round)
-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.
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Exhibit E: Indicative Schedule and Process Flow
The following flowchart is indicative of legally prescribed choices that are available
when a board vacancies occurs.
CALL FOR
ELECTION
(Note 4, 5, -6)
ELECTION
AT N E}Cf
ESTABLISHED
ELECTION
NOTICE OF
VACANCY
(CIOCk SWS)
DECISION
(Note 1, 2)
NOTIFY COUNTY
ELECTION OFFICE
—p APPOINT
(Note 3, 7, 8)
Notes:
1. Need to appoint within 60 days or call for an election.
2. After 60 days, Board of Supervisors has 30 days to appoint or call for an election.
3. The term of the appointment shall be until the next regular District Election.
4. If an election, the elected serves until the expiration of the existing term. See State
Government Code Section 17800 for further details.
5. If the call for election is less than 130 days before the next established election, then it will be set
for the next election date more than 130 days after the call.
6. Statewide Elections Code Section 1000 sets forth four established election dates falling in March,
April, June, November. This is relevant when calling for an election.
7. If the appointment is more than 130 days prior to the next District general election, the appointee
will run for election at that next District General election (which are in November in odd numbered
ears
8. If the appointment is in the second half of the term or within 130 days of the mid-term District
general election, the appointee serves until the expiration of the existing term.
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August 17, 2023 Regular Board Meeting Agenda Packet - Page 103 of 115
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The following flowchart is indicative of how the Board appointment process may be
conducted in order to conform with good practice, and in order to meet the legally
prescribed timeline in such a process. It is broadly based on the 2023 historic Drocess.
1. DEVELOP
SCHEDULE WITH
DATES
7
■
2. DEVELOPIREVIEW
-Notice of Vacancy
8. Conduct Interviews
-Application!
Target:
using assigned and any
Target:
Supplemental Questions
follow-up questions
Complele:
-SetApplicationDue Date
Complete
3_ Post Notice of
Vacancy and Application
Target:
Package
9. Each Beard member
Target:
(For 15 days in 3
Complele:
ranks candidates
cam lege:
p
conspicuous places)
4. Develop Interview Questions
a. Develop subject areas
b. Assign subject areas
Tar -gel:
10. Discussfmake
Target:
c. Develop/Review Questions
Complete:
selection or reduce
d. Screen Questions for legal/
pool of candidates
Complete:
DEI compliance
5. SOD Screens
Targel:
Applications for
11. 2nd interviews of
Target:
Compliance
Complete:
remaining candidates
ComP leie:
8. Bard
a_ Screens Candidates and
Selects Interviewees
Tar -gel:
12. Discussfmake
Target:
b. Discuss Ranking
complete:
selectionlappcint
Complele:
Methodology (could be as a
whole or i+ndividuall
13. SOD Administers
7_ Set interview times,
Tar -gel:
Oath of Ofrice (by 64
Target:
duration, and order
days from notice of
Complele:
(Random)
complete:
vacaln cy)
T
14. Notify County Office
of Elections of filled
Target:
vacancy (within 15
Complele:
days of filling vacancy)
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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
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