HomeMy WebLinkAbout13. Review and consider adopting proposed guidelines for appointing a new Board MemberDCENTRALSAN
MEETING DATE: SEPTEMBER 7, 2023
BOARD OF DIRECTORS
POSITION PAPER
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Item 13.
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
rfc�.
Roger S. Bailey Kenton L. Alm
General Manager District Counsel
INITIATING DEPARTMENT:
SECRETARYOF THE DISTRICT
ISSUE
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
September 7, 2023 Regular Board Meeting Agenda Packet - Page 100 of 160
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elements, with notations of each throughout.
In 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.
In Exhibit D, referencing "top 5 candidates" as an example only, and indicating rounds on interview
steps.
I n 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.
At the August 17, 2023 Board Meeting, the Board held a legenthy discussion regarding the Guidelines and
provided staff with multiple corrections. The previous changes from the Administration Committee have
been incorporated and the new changes provided by the Board are shown in highlight -strikeout on
Attachment 1.
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.
Strateaic Plan re -In
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. Proposed Guidelines
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BOARD APPOINTMENT PROCESS GUIDELINES
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, based
on 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 On 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 hinter di ig-fguired 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,,—Lis,, eGa'„ed, dies,—Lor
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 of -the following actions to take, as soon as possible
upon first notification of vacancy:
1. Board Appointment — The Board may appoint a Board Member no 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. Alternatively, Tthe Board Eeul katsemay vote tom
forward the matter over to the Board of Supervisors.
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. Following this section, Exhibits A, B, C, D, F are also provided for
guidance. In the first section, Exhibit E contains On the first seGti .n an overview of
mandatory requirements, and in the second section an indiGatiyea sample timeline and
process steps that may be followed in a Board appointment process.
A. Develop and Review Appointment Process Information
1. The Board wH4-may collectively provide criteria for selecting a new Board
Member, `"ihir+h mom, be faGtOFc applied by anor alternatively, individual
Board Member or adopted by the Board as a whelemay choose and
state their own criteria for selecting their candidates.
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. Interface with Candidates
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.
2. The Board should consider holding a reception to meet candidates at a
convenient time such as before or after a scheduled Board meeting.
3. Ex -Parte communications (communications between a candidate and a
Board member regarding the appointment) should be disclosed at a
Board meeting.
2
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B -.C. Initial Screening of Applications
1. The General Manager andier.,Secretary of the District and/or Human
Resources Manager will do a compliance screening of all applications
and develop an eligibility list for Board review during open session at a
Board meeting.
4-.2. During this step, candidates may be asked about felony convictions
(which would not necessarily disqualify a candidate).
2-.3. 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-.4. The Board wP4-May conduct random draw of candidates fer
selention timesto assign interview timeslots.
¢5. The Board will review sample interview questions and determine
which questions will be used and the assignment of questions.
C-. D. 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)_
2-.3. Each candidate should be asked the same standard questions, apart
from the potential for differing follow-up questions related to the
responses provided by candidates.
-3-.4. Board Members should have the opportunity to ask follow-up
questions. Note: A list of reGOFnrneennded follow _i p questions may ho
desorable, WhiGh have bG8R vetted by vetted by Hurnan Resources, Legal
Gey Ansel ant/or DEI Committee
o
4-.5. Board Members are to hold each other accountable to uphold
standards of respectful communication.
D -.E. Discussion/Appointment
1. A discussion of candidates will be conducted by the Board.
a. The Board may Gensider hiring a fanilitator for the diseass%
portion of the interview,
2. Exhibit E contains a discussion of selection criteria and voting methods
which may be used in the process.
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 Boardmember Member will rank their top candidates
using a standardized assessment form fir,Tnalozed.
c. The Board will decide on the ranking process.
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3. Communication with and discussion of candidates should be respectful
and focus primarily on the positives that each could bring.
D
September 7, 2023 Regular Board Meeting Agenda Packet - Page 105 of 160
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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 (sod(aD-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
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 (sod(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.ora
5
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Page 8 of 16
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, kyoung@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. Attach resume and/or list your education, current employer and work
experience:
4. 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:
5. Do you have a familial or financial relationship with an employee or Board
Member at Central San?
Yes No
If Yes, please identify the nature of the relationship:
D
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Page 9 of 16
6. 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:
7. 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.)
8. 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_
Additional questions about background may be asked of candidates in the screening process in
preparation for, and during the public Board meetings with candidates.
7
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Page 10 of 16
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 are listed below. These
auestions are indicative eonly, and are not intended to serve as the Drescriative list
of auestions that may be asked in a future aDDOintment Drocess. Questions should be
developed and asked with recognition that a very broad and diverse range of individuals
may have value to add to the Board.--
1.
oard.:
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?
ry What qualitiesmpi
make a good board member in your oyes?In your opinion,
aM-what are some aualities of a aood Board Members?
g-
2. Personal: Serving the Public: (Your role, time commitment, general aspirations,
and future plans)
a. If appointed, would you likely run for election i2-024at the next election?
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Page 11 of 16
h Do you have time to do the all the tasks required of Board Members; o�T
,
Beard meetings, Commit ee g 2
asa-vvara�rrcctil��.��vmrnTct�e-I�ccti-fi�.�, e�i.
G. Hew many hey irc Gan yeu devote nor week to BeaFd activities innli Jinn
preparation and meetings?
fib. Board Meetings and Board Committee Meetings are typically held
between the hours of 8 am to approx. 5 pm. Usually there are four meetings
per month, but additional meetings may be required. Is this going to be an
issue with your employer/personal life?
e-. c. What role do you hope to play on the bea-rdBoard?
f. Tat limitations do you have in servingon the Board
How do you intend to act as a representative of your constituents and
further their interests?
e. Is your personal schedule flexible enough to accommodate changes in
meeting times and dates?
3. Personal: Working as a Team
3-.—
a. Do you believe generational differences hinder, or help, building an effective
team?
a.
4. Policy: Central San's Mission and Scope, and Your vision -Vision
4—
De yE) j think (central Can should be nonnerned abe i ore then wastewater
a�v�vtr rrrrvcrrcr-crrvurr, �nvaTa-v�cvrrccr-rTca--crs�vu mur�-vravccvv-crccT
collection treatment idionharne and reGyGling?
e o
b.a. 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?
b. What perspective do you hope to offer on the beardBoard?
5. Policy: Diversity, Equity, Inclusion and Social Justice
5
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)
6-.
a.
member? For example, one Board role is On us about your
experience serving on a Board, and explain the key responsibilities of the
Board of Directors.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?
9
b.
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7. Policy: Balancing Competing interests
a. How would you balance the needs of the employees, the rate payers and
the District as a whole?
a.
8. Financial Responsibility: Fiscal Responsibility and Funding
a. Central San needs money to modernize and expand its operations. #ew
GG iId you help bring in f„ndinn7What is the Board's role in solving this
problem?
a.
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?
10
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Exhibit D: Sample Timeline
DIVISION XX DIRECTOR
APPOINTMENT
Process and Schedule
11
September 7, 2023 Regular Board Meeting Agenda Packet - Page 112 of 160
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.org
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. The Board should be provided with an opportunity
to meet all candidates, such as in a reception before or after a
Board meeting.
Depending on number of qualified applicants Board Members will:
• Narrow down (for example top 5) 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 of 1egaIly nro^^rnbe reflects the legal choices that
are available when a board vacancies occurs.
NOTICE OF
VACANCY
(Clock Stans)
CALL FOR
APPOINT
ELECTION
DECISCON
IN (Note 3. 7. S, 9. 10)
(Note 4. 5. G)
(Note 1. 2)
1
ELECTION
•
AT NEXT
BOARD OF
NOTIFY COUNTY
ESTABLISHED
SUPERVISORS
ELECTION OFFICE
ELECTION
(Note 11)
Notes:
1. Need to appoint within 60 days after the effective date of the vacancy, or call for an election- Gor
Board could vote to provide the decision to the Board of Supervisors.
2. Must notify the county elections official of the appointment no later than 15 days after the
3. as poi
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.
—Board of Supervisors can appoint or fill the vacancy through an election.
4--.4. After 60 days, Board of Supervisors has 30 days to appoint or call for an election.
2-.5. The term of the appointment shall be until the next regular District Election.
�6. If an election, the elected serves until the expiration of the existing term. See State Government
Code Section 17800 for further details.
4-7. 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.
�8. 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.
6-9. 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
years)
7_10. 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.
Must notify the county e.--. of the appointment no- later than .5 days after the
-an shall pest -a ne-tie-e- of the vaeane�, on thfee=er==w ms 131aeas On the Doctroat
12
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Page 15 of 16
The following flowchart how the Board appointment process may
be conducted in order to conform with good practice, and in order to meet the legally
prescribed timeline on SUGh-a-PFGGesvi+ ;s bread'„ based en the 2023 aster, .
1.DEVELOP
SCHEDULE NTH
DATES
■
2_ DEVELOPIREVIEw
-Notice of Vacancy
8. Conduct Interviews
-ApplfcationJ
Tafget:
using assigned and any
Target
SuPplemental Questions
follow-up questions
Comptale;
-Set Appl ication Due Date
CompleEe.
1�
{
3_ Post Notice of
Vacancy and Application
Target:
Package
9_ Each Board member
Target
(For 15 days in 3
Gumptete.
ranks candidates
compme:
corn tete:
conspicuous places)
Develop Interview Questions
a. Develop subject areas
b. Assign subject areas
Tali ci:
10 Discuss/make
Target
c. DeveloplReview Questions
comp3e
selection or reduce
d_ Screen Questions for legal/
pool of candidates
Complele:
DEI compliance
5_ SOD Screens
Targe':
Applications for
11. 2nd interviews of
Target
Compliance
co,npiefe:
remaining candidates
corn rete:
P
6. Bard
a. Screens Candidates and
Selects lntervlewees
Target
12. Discusslmake
Target.
b_ Discuss Ranking
complete:
seiectionlappoint
Gompieie:
Methodology {could be as a
whale or individual}
•
13. SOD Administers
7. Set interview times.
Targe':
bath of Office b so
{ Y
Target,
duration, and order
days from notice of
compreie:
(Random)
complete:
vacancy)
14. Notify County Office
of Elections of filled
Target
vacancy (within 15
Complete;
days of filling vacancy)
13
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Page 16 of 16
Exhibit F: Candidate Selection Criteria
Board m,,,ernbersMembers 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, UP40
including a finalist.
The criteria used should pfev+de be defensible and should provide clear rationale for
your choice including: Trity on the positional suGGess faGtors listing core
competencies, Gharantoristins skills, experience and other knowledge critical to success
in the ;efor the vacancy being -assessedr considered.
The criteria should be specified in the early part of the process prior to the screening of
candidates to -for interviews, and 'f revised in adyanno of the interviews. To promote
transparency of decision making to both the public and to facilitate communication
among the board Board,,,ersMembers, a ^^n" of oonh hoard Board,,,�s
Member's selection criteria should be clearly stated during the process.
(for example posted with the agenda nanLot\
In the discussion of the candidates, Board m,,,ernbersMembers 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. In the instance of selecting a Central San Board member, a
candidate would need to be affirmed by a majority of the remaining Board (>50%
of vote, so with 4 remaining Board fnMembers, a 3-1 vote would be required to
affirm). -
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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