Board Policy Manual - Updated 05-21-2020Page 1 of 69
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South Tahoe Public Utility District
Board Policy Manual
Purpose of Board Policies 1000-10
PURPOSE OF BOARD POLICIES
1000.10 The policy of the Board of Directors of the South Tahoe Public Utility District is to
maintain the highest standards of ethics from its Board members. The proper operation
of the District requires decisions and policy to be made in the proper channels of
governmental structure, that public office not be used for personal gain, and that all
individuals associated with the District remain impartial and responsible toward the
public. It is the policy of the District that Board members will maintain the highest
standard of personal honesty and fairness in carrying out their duties.
Accordingly, the Board of Directors maintains a Board Policy Manual. The Board has
the right to adopt practices which are more stringent than the law requires. Contained
therein shall be a comprehensive listing of the Board’s current policies, being the rules
and regulations enacted by the Board, from time to time. The Board Policy Manual will
serve as a resource for Directors, staff, and members of the public in determining and
communicating the manner in which matters of District business are to be conducted.
It also sets forth the minimum ethical standards to be followed by the Board of Directors.
Additional objectives of this Board Policy Manual are: (a) to heighten awareness of
ethics and values and critical elements in Board members’ conduct; (b) to provide
guidance for dealing with ethical issues; and (c) improve ethical decision-making and
values-based management.
1000.20 If any policy or portion of a policy contained with the Board Policy Manual is in
conflict with rules, regulations, or legislation having authority over the South Tahoe
Public Utility District, said rules, regulations or legislation shall prevail.
1000.30 Any of the rules not required by law may be suspended by a majority of the
Board.
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South Tahoe Public Utility District
Board Policy Manual
Adoption/Amendment of Policies 1010-10
1010.10 It is the duty of the Board of Directors to establish procedure and formulate
policy. It is also responsible for adopting all policies. The Board directs the General
Manager to implement the policies. These policies will be maintained in a policy
manual, to be revised as necessary.
1010.20 Consideration by the Board of Directors to adopt a new policy or to amend an
existing policy may be initiated by any Director, General Manager or Clerk of the Board.
The proposed adoption or amendment is initiated by submitting a written draft of the
proposed adoption or amendment to each Director and the General Manager
through the District office, and requesting that the item be included for consideration
on the Agenda at the appropriate regular meeting of the Board of Directors.
1010.30 Adoption of a new policy or amendment of an existing policy shall be
accomplished at a regular meeting of the Board of Directors by a vote of the majority
of the Board (as described in Section 3040.20)
1010.40 Before considering to adopt or amend any policy, Directors shall have the
opportunity to review the proposed adoption or amendment at the regular Board of
Directors meeting at which consideration for adoption or amendment is to be given.
Copies of the proposed policy adoption or amendment shall be included in the
Agenda information packet for any meeting of consideration. If further consideration is
necessary, the Board President may request the policy be included in the next meeting
Agenda packet to allow sufficient time for further review.
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South Tahoe Public Utility District
Board Policy Manual
Conflict of Interest 1020-10
1020.10 The Political Reform Act (Government Code Section 81000, et seq.) requires
state and local government agencies to adopt and promulgate Conflict of Interest
Codes. The Fair Political Practices Commission (FPPC) has adopted a regulation (2 Cal.
Code of Regs. §81730) which contains the terms of a standard Conflict of Interest
Code, which can be incorporated by reference in an agency’s Code. After public
notice and hearing it may be amended by the FPPC to conform to amendments in the
Political Reform Act. Therefore, the terms of California Code of Regulations Section
18730 and any amendments to it, duly adopted by the FPPC, are hereby incorporated
by reference. This regulation and Appendix A&B, designating officials and employees
and establishing disclosure categories, shall constitute the Conflict of Interest Code of
the District (South Tahoe Public Utility District).
Due to the District’s multi-county status, the FPPC shall be the Code reviewing Body.
The District’s Clerk of the Board Executive Services Manager shall be the filing officer
and will perform the additional duties related to the annual filing of the Conflict of
Interest forms. The current Code is available for review in the Clerk’s office.
1020.20 Designated employees who are listed in Appendix A shall file annual
statements of economic interests (Form 700) with the District who will make the
statements available for public inspection and reproduction (Government Code
Section 81008). Statements for all designated employees will be retained by the District.
1020.30 Form 700 shall be kept on file at the South Tahoe Public Utility District for seven
years.
1020.40 A Board member will not have a financial interest in a contract with the District,
or be purchaser at a sale by the District or a vendor at a purchase made by the District,
unless the Board member’s participation was authorized under section 1091 of the
Government Code.
Generally, a Director has a financial interest in a matter if it is reasonably foreseeable
that the Board decision would have a material effect that is distinguishable from the
effect on the public generally on; (a) a business entity in which the Director has a direct
or indirect investment in the amount specified in FPPC; (b) real property in which the
Director has a direct or indirect investment interest, with a worth in the amount specific
in FPPC regulations; (c) a source of income of the Director in the amount specified in
FPPC regulations, within twelve months before the Board decision; (d) a source of gifts
to the Director in an amount specified in FPPC regulations within twelve months before
the Board decision; or (e) a business entity in which the District holds a position as a
Director, trustee, office, partner, manager or employee. An “indirect interest” means
any investment or interest owned by the spouse or dependent child of the Director, by
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Conflict of Interest (continued)
an agent on behalf of the Director, or the Director’s spouse, dependent child or agent,
owns directly, indirectly or beneficially a ten percent interest or greater.
1020.50 Government Code Section 1090 prohibits a Director from having a financial
interest in contracts made by themselves or by the Board. The purpose of this rule is to
prohibit contractual self-dealing. It does not require that there be a contract directly
with the District, but simply that the Board member has a financial interest in a contract
made by the Board, whether or not that Board member participated in that matter. Nor
shall Board members be purchasers at any sale or vendors at any purchase made by
them in their official capacity.
Consequences of a Section 1090 violation are significant: Contract is void and
unenforceable; official must return any money; violation is a felony (is willful) and could
result in fine, imprisonment and disqualification from public office.
1020.60 A Director will not accept gifts or honoraria that exceed the limitations
specified in the Fair Political Practices Act or FPPC regulations. Board members will
report all gifts, honoraria, campaign contributions, income and financial information as
required under the District’s Conflict of Interest Code and the provisions of the Fair
Political Practices Act and the FPPC regulations.
1020.70 A member of the Board may believe that he or she should be disqualified from
participation in the discussion, deliberations or vote on a particular matter due to a
conflict of interest. The Director will either become aware of the potential conflict of
interest before the Board meeting at which the matter will be discussed or acted upon,
in which case the Director will notify the District’s General Manager of the potential
conflict of interest, or not become aware of the potential conflict of interest until during
the meeting. In either case, if a conflict of interest is deemed to exist, such Director shall
abstain from participation in consideration of the item involving a legally prohibited
conflict of interest and publicly disclose the reason for abstaining (which will be noted in
the Board Minutes).
1020.71 Unless such a conflict exists, Directors shall not abstain from the Board’s decision
making responsibilities.
1020.80 A Board member will not recommend the employment of a relative by the
District. In addition, a Board member will not recommend the employment of a relative
to any person known by the Board member to be bidding for or negotiating a contract
with the District.
1020.90 A Board member who knowingly asks for, accepts or agrees to receive any gift,
reward or promise thereof for doing an official act, except as may be authorized by
law, may be guilty of a misdemeanor under Penal Code Section 70.
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South Tahoe Public Utility District
Board Policy Manual
Public Complaints 1030-10
1030.10 The Board of Directors desires that public complaints be resolved at the lowest
possible administrative level and that the method for Resolution of complaints be
logical and systematic.
1030.20 A public complaint is an allegation by a member of the public of a violation or
misinterpretation of a District Policy, State or Federal Statute, of which the individual has
been adversely affected.
1030.30 The method of resolving complaints shall be as follows:
1030.31 The individual with a complaint shall first discuss the matter with the appropriate
department manager, with the objective of resolving the matter informally.
1030.32 If the individual registering the complaint is not satisfied with the disposition of
the complaint by the department manager, the complaint may be filed, in writing, with
the General Manager. Within a reasonable time, the General Manager shall meet with
the person filing the complaint to resolve the matter. At the option of the General
Manager, he/she may conduct conferences and take testimony or written
documentation in the Resolution of the complaint. A written decision from the General
Manager may be requested by the individual filing the complaint.
1030.33 If the individual filing the complaint is not satisfied with the disposition of the
matter by the General Manager, a written complaint may be filed with the Board of
Directors, within ten (10) days of receiving the General Manager's decision. The Board
President may direct a Standing Committee or create an Ad Hoc Committee to review
the complaint and make recommendations. In the event the complaint is not satisfied
by the designated committee, the Board may consider the matter at the next regular
meeting, or call a special meeting. The Board will expeditiously resolve the matter. In
making the final decision, the Board may conduct conferences, hear testimony, as well
as utilize the transcripts of written documentation. A written decision from the Board
may be requested by the individual filing the complaint.
1030.40 This policy in no way prohibits or is intended to deter a member of the
community or staff member from appearing before the Board to present verbal
testimony, complaint, or statement in regard to actions of the Board, District programs
and services, or impending considerations of the Board.
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South Tahoe Public Utility District
Board Policy Manual
Budget Preparation 1040-1
1040.10 An annual budget proposal shall be prepared by the General Manager and
Chief Financial Officer.
1040.20 Prior to review by the Board of Directors, the Board’s Finance Committee shall
be assigned to meet with the General Manager and the Chief Financial Officer to
review the annual budget proposal.
1040.30 The proposed annual budget, as reviewed and amended by the Finance
Committee, shall be reviewed by the Board no later than its first regular meeting in May.
1040.40 The proposed annual budget, as amended by the Board during its review, shall
be adopted no later than its second regular meeting in May.
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South Tahoe Public Utility District
Board Policy Manual
Public Records 1050-10
1050.10 The California Public Records Act, Government Code Section 6250 requires that
public records in the custody of the District shall be available for public inspection
pursuant to the provisions of the act. Therefore, the terms of the act are hereby
incorporated by reference, along with Resolution No. 2747-02, adopted 10/03/02, and
shall constitute the District Records Policy of the South Tahoe Public Utility District.
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PUBLIC RECORDS POLICY
Public records maintained by the District shall be available for inspection during the
regular business hours of the District. The General Manager, or his or her designee, shall
be the official custodian of District records and shall make any nonexempt records
freely available to the public in accordance with Government Code section 6250l et
seq. The District may refuse to make available records that are exempt from disclosure
pursuant to Government Code Section 6254.
Guidance for District Employees
Employees shall not make any promise or statement assuring confidential treatment of
any record given to the District. All requests for inspection or copies of public records,
other than forms and documents routinely distributed to the public, shall be forwarded
to the General Manager or his or her designee. District employees shall not provide to
anyone who does not work for the District any record deemed exempt from disclosure
by the General Manager or his or her designee without express authorization from the
General Manager. The General Manager shall have the sole authority to disclose
exempt documents. All records created by the District’s legal counsel are protected by
the attorney/client privilege and are exempt from disclosure. The General Manager or
his or her designee shall not disclose such records to anyone not employed by the
District without first consulting with the District’s legal counsel.
All Proposals submitted in response to a request for proposal (RFP) become the property
of the District and under Government Code Section 6250 et. seq. are public records
which may be subject to public review. The RFP should generally provide that except
for price or other portions marked confidential (such as trade secrets when applicable)
the public will have access to a submittal. However, in special circumstances where the
public interest in the confidentiality of submittals outweighs the public interest in
disclosure, the RFP may provide for confidentiality of submittals for that particular
project. In such special circumstances, the General Manager or his or her designee
shall consult with the District’s legal counsel for assistance in preparing the RFP.
Requests for Inspection or Copies of District Records
Members of the public who wish to inspect or obtain copies of any public record must
submit their request to the office of the General Manager specifying the desired
records. Requests should be specific, focused and not unreasonably interfere with the
ordinary business operations of the District. The request should sufficiently describe
records so that identification, location and retrieval of the records can be achieved in
a timely manner by District personnel, and should include the name and address of the
requestor and a telephone number where the requestor can be reached for questions
of clarification that will help to identify and locate the appropriate records for retrieval.
If the member of the public is unsure how to phrase the written request, he or she may
request assistance from the District in drafting the request.
The District’s Search for and Review of Responsive Records
A reasonable effort will be made to locate requested records. If the document
requested cannot be located after a reasonable search, the requesting party shall so
be advised. The District shall, within 10 days of receipt of the request, determine
whether the request, in whole or in part, seeks disclosable public records that are in the
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possession of the District and shall promptly notify the requestor of the determination by
sending the requestor a letter of determination.
In unusual circumstances, the District may extend the 10 days for the determination by
up to 14 additional days by written notice, setting forth the reasons for the extension
and the date upon which the determination will be made. “Unusual circumstances”
include instances where the records are located off site, the request is for a voluminous
amount of separate records, the District needs to consult with another agency having a
substantial interest in the determination, or where there is a need to compile or extract
data.
If the District determines that the request seeks disclosable records, the District will state
an estimated date and time when the records will be made available in its letter of
determination. The District will not delay in producing the disclosable records, but may
designate an estimated date for production which is later than the 10 or 14 additional
days permitted by law for the initial determination in order to review, redact as
necessary and copy responsive documents. If the District determines that the records
requested are not disclosable, it will state the reasons therefore in its letter of
determination and the name and title of the person responsible for the denial.
Inspection of District Records
A member of the public requesting inspection of District records shall be assisted by the
General Manager or his or her designee during regular office hours at a time arranged
between the District and requestor. The operational functions of the District will not be
suspended to permit inspection of records during periods in which District personnel in
the performance of their duties reasonably require such records. Physical inspection of
the records shall be permitted within the District's offices and under the conditions
determined by the District. District employees shall not provide records deemed to be
exempt from disclosure by the General Manager or his or her designee to members of
the public. Upon either the completion of the inspection or the oral request of
department personnel, the person conducting the inspection shall relinquish physical
possession of the records. Persons inspecting District’s records shall not destroy, mutilate,
deface, alter, or remove any such records from the District office. The District reserves
the right to have District personnel present during the inspection of records in order to
prevent the loss or destruction of records.
Advance Payment Required for Copies of District Records
After the District has completed its search for records that are responsive and
disclosable, District personnel shall notify the requestor that the records are available.
The notice of availability shall include the number of pages and total cost for copying.
District employees shall promptly provide copies of the records to the requestor upon
the advance payment of ten cents ($.10) per page to cover the direct costs of
duplication. Postage fees incurred in mailing such copies shall also be charged to the
requestor.
Copies of maps, or blueprints will be supplied at the actual cost to the District for
reproduction by an outside service including the hourly wage for actual staff time spent
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delivering and picking up the copies. Expected costs of reproduction will be collected
in advance of reproduction.
The Public Records Act states that providing records via email is not reimbursable.
However, the District may charge a fee (Government Code 6253.9) to cover the costs
of producing an electronic record if the requestor seeks an electronic record that is not
already available in electronic format and
1. The District is required to produce a copy of the electronic record outside the
regularly scheduled intervals for when that electronic document may be
produced otherwise; or
2. The request would require data compilation, extraction, or programming to
produce the record.
Records Prepared and Filed In Accordance With the Political Reform Act
Records prepared and filed in accordance with the Political Reform Act (conflict of
interest code, statements of economic interest, campaign statements) are public
records subject to inspection and reproduction during the District’s regular business
hours, commencing as soon as practicable, but no later than the second business day
following the day the request for inspection was received. Copies shall be provided at
a charge of ten cents ($.10) per page. Pursuant to Government Code Section 81008, a
retrieval fee of five dollars ($5.00) per request shall be charged for copies of reports and
statements which are five years old or more.
Posting of the Public Records Policy
A copy of this policy shall be posted in a conspicuous public place in the office of the
South Tahoe Public Utility District and a copy thereof shall be made available free of
charge to any person requesting such copy.
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South Tahoe Public Utility District
Board Policy Manual
Records Retention 1060-10
1060.10 In accordance with Assembly Bill 474 (Salinas) retention and disposal of records
will be governed pursuant to the guidelines prepared by the Secretary of State and the
Controller’s Advisory Committee for Special Districts, and various sections of applicable
laws, including but not limited, to California Government Code Section 60201 and
60203, AB 474, and the California Water Code.
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South Tahoe Public Utility District
Board Policy Manual
Unit of Authority 2000-10
2000.10 The Board of Directors is the unit of authority within the District. Apart from their
normal function as a part of this unit, Directors have no individual authority. As
individuals, Directors may not commit the District to any policy, act or expenditure.
When representing the Board, Directors shall follow the directions/intent of the majority
of the Board. When not representing the Board, Directors shall so state.
2000.20 The Board shall act as a committee of the whole in final consideration of all
matters.
2000.30 Directors do not represent any fractional segment of the community, but are,
rather, a part of the body which represents and acts for the community as a whole.
2000.40 The Board of Directors shall comply with and be guided by applicable state
and federal laws and regulations including the Ordinances and Resolutions of the South
Tahoe Public Utility District.
2000.50 The Board retains authority to:
2000.51 Set the number of authorized employees’ positions and compensation for all
employees;
2000.52 Expand or reduce the overall budget; and
2000.53 Accept and convey, on behalf of the District, real property or real property
rights.
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South Tahoe Public Utility District
Board Policy Manual
Election of Directors and Orientation 2010-10
2010.10 The election of Board members is governed by various sections of the State of
California Government Code, Public Utility District Act, and Elections Code. Elections
are conducted according to the El Dorado County Registrar of Voters and adhere to
the provisions of law relating to the manner of holding and conducting general
elections for the election of State and County officers.
2010.20 The five members of the Board of Directors are elected by popular vote of the
general public who reside within the boundaries of the District.
2010.30 Each person running for a seat on the Board must be a resident and a
registered voter within the District. It is the responsibility of the El Dorado County
Elections Department to verify that the candidates are eligible to run for a Board seat.
2010.40 The Board is comprised of five “Directors at Large,” each holding an office
designated as a “Director at Large.” The candidates for Director at-large need not
designate a numbered office. The candidates receiving the greatest number of votes
districtwide as there are Directors to be elected shall be elected to the District's Board
of Directors.
Section 15956 of the Public Utilities Code provides that the Board of Directors may
adopt an Ordinance that requires the candidates for Directors at large need not
designate a numbered office. The Ordinance shall instead require that the candidates
receiving the greatest number of votes district-wide as there are Directors to be
elected, shall be elected to the Board of Directors.
2010.41 An employee of the District may not be either an elected or appointed
member of the Board without first resigning as an employee. If the employee does not
resign, the employment is automatically terminated upon being sworn into office.
2010.42 The spouse of an employee is eligible to run for a seat on the Board. If elected,
that person must abstain from voting on items that would financially impact the
employee.
2010.43 Any Board member who holds dual offices that cause any significant clash of
duties or loyalties between the offices, if the dual office holding would be improper for
reasons of public policy, or if either officer exercises a supervisory, auditory, or removal
power over the other, will resign from one of the incompatible offices in order to
eliminate the conflict as soon as possible.
2010.50 Each candidate (whether or not they are an incumbent) shall pay his/her own
expenses related to running for office, e.g., filing fees, candidate statement costs,
advertisements, etc.
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Election of Directors and Orientation (continued)
2010.51 A Board member will not include false or misleading information in a
candidate’s statement for a general District election. Upon such a discovery, the Board
member must immediately retract or publish a printed correction of the false or
misleading information.
2010.60 Section 10507 of the Elections Code and Section 16001 of the Public Utility
District Act determine terms of office. Under normal circumstances each Board
member holds office for a 4-year term. Elections are held every two years. The election
for seats #1, #2 and #5 alternate with the election of seats #3 and #4.
2010.61 Government Code Section 53077 specifically provides the mechanism for
enacting District term limits by a majority vote of the District's electors. The matter can
be put on ballot either through an initiative or through the Board's adoption of a
proposal for such term limits by a 3/5 majority vote.
2010.70 The El Dorado County Clerk sets the nomination periods for each election.
Nomination petitions are issued by the County Clerk’s office either in Placerville or at the
South Lake Tahoe office. Official forms of “Declaration of Candidacy” are obtained
from the El Dorado County Elections Department in Placerville (or possibly from the El
Dorado County Recorder-Clerk’s branch office at South Lake Tahoe.)
2010.80 District Elections will take place “after the first Monday in November of even
numbered years”.
2010.90 Newly elected Board members take office on the first Friday of December in
the year they are elected in accordance with Section 23506 of the Elections Code
(Amended by Assembly Bill 3543-Harvey, Chapter 1161, Statutes of 1990-Special
Districts, Section 16).
2010.91 Newly elected Board members, between the time they are elected and the
time they actually take office, must conform to all provisions of the Brown Act as if they
had already assumed office., e.g., they are not allowed to discuss District business if
three or more Board members are present, constituting a quorum.
2010.100 Newly elected Board members may not act in an official capacity until they
have signed their Oath-of-Office. The Oath-of-Office is sent from the El Dorado County
Elections department to the Clerk of the Board. The Clerk must witness the signature of
the Board member and it is their responsibility to return it to the El Dorado County
Elections Department
2010.101 Newly elected Board members shall attend an orientation session with the
General Manager/District staff, and/or veteran Board members to aid in their transition
as a Board member. The orientation shall include: a tour of District facilities, a review of
the District’s 10-Year Plan, clear communication of future issues to be faced by the
Board, opportunity for new Board members to ask questions regarding direction and to
provide opinions and thoughts regarding direction. Training on Board management
skills and techniques, training on Board management responsibilities, and training on
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Election of Directors and Orientation (continued)
business processes will be offered if the Director desires to attend special District training
by outside associations.
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South Tahoe Public Utility District
Board Policy Manual
Appointment of Directors 2020-10
2020.10 The Board of Directors may experience a vacancy of one or more incumbents
for the 12 reasons listed in Government Code Section 1770-1770.2., (also listed in Policy
No. 2030.30). The appointment of Board members to fill a vacancy is governed by
various sections of the State of California Government Code Section 1780-1782,
Elections Code and Public Utilities Code.
2020.20 The Board of Directors shall be informed immediately of the resignation or
death of a member of the Board of Directors.
2020.30 All resignations should be made in writing and submitted to the Clerk of the
Board or Board of Directors. The resignation should include the effective date, and be
placed on the next Regular Board meeting Agenda for acceptance.
2020.31 Per El Dorado County Elections Department, the Board may elect to begin the
process to fill the vacancy prior to the actual effective date of the resignation, before
the seat is actually vacated.
2020.40 The District shall notify El Dorado County Elections Office of the vacancy no
later than 15 days following either the date on which the District Board is notified of the
vacancy or the effective date of the vacancy, whichever is last.
2020.50 The remaining Board members may appoint a Director or Directors to hold
office until the next general District election scheduled 130 days or more after the
effective date of the vacancy and thereafter until the person elected at that election
to fill the vacancy has been qualified. The person elected to fill the vacancy shall fill the
balance of the unexpired term. If the term of office is due to expire following the next
general District election and that election is scheduled 130 or more days after the date,
the El Dorado County Elections Office is notified of the vacancy, the person appointed
to fill the vacancy shall fill the balance of the unexpired term of his or her predecessor.
2020.51 Whenever a vacancy occurs in the office of President, the Vice President shall
perform the duties of the President for the remainder of the unexpired term.
2020.52 Whenever a vacancy occurs in the office of Vice President, the Board shall
elect one of its members to serve the unexpired term.
2020.60 The appointment shall be made by the Board of Directors within 60 days
following the effective date of the vacancy and for the specific seat (Numbers one
through five) which was held by the incumbent(s) being replaced.
2020.70 If the Board of Directors elects to make an appointment, it must appear as an
Agenda item authorizing the Notice of Vacancy. The Notice of Vacancy shall be
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Appointment of Directors (continued)
posted in three or more conspicuous places in the District at least 15 days prior to
making an appointment.
2020.80 The Notice shall also appear in the local newspaper as a Box Ad. An
advertisement containing the same information may also be sent to local radio stations,
at the direction of the Board.
2020.90 The Notice shall include information about the time, date, and place to file
applications and the date of the Board meeting when the appointment will be made.
The Notice shall also state that the applicant must be a resident of the District and a
qualified elector within the District.
2020.100 The procedure to appoint will be as follows:
2020.101 All applications received by the deadline stated in the Notice shall be
considered.
2020.102 Each applicant will be given a time/date to be interviewed by the remaining
Board members prior to the time/date of the Board meeting when the selection will be
made, as stipulated in the Notice.
2020.103 If the applicant cannot arrange to appear at the time/date offered, it will not
be mandatory to offer an alternative. This, however, will be at the discretion of a
majority of the remaining Board members. At no time will the interview process delay
the appointment to the vacant seat as stipulated in the Notice.
2020.104 The appointment shall be placed on the Agenda as an Action Item and
voting shall take place in a public forum. The applicant receiving the majority of votes
by the remaining Board members shall be appointed to fill the vacancy.
2020.105 Each remaining Board member shall receive ballots with the names of each
candidate. Each Board member shall vote for one person on the list of candidates. In
the event a majority vote is not reached, any candidate who receives zero votes shall
not be included on subsequent ballots. Voting will continue until one candidate
receives a majority of votes.
2020.110 The remaining Board members also have the option, within the 60-day period
following the scheduled date of the vacancy, to call an election or other process
approved by the Board to fill the vacancy.
2020.120 If the vacancy is not filled by appointment by the remaining Board members,
and the Board has not called for an election within 60 days of the date the district
Board is notified of the vacancy or the effective date of the vacancy, whichever is
later, the law allows the El Dorado County Board of Supervisors to fill the vacancy
between 61 to 90 days following the effective date of the vacancy, or may order the
District to call for an election to fill the vacancy.
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Appointment of Directors (continued)
2020.130 If neither the District Board of Directors nor the El Dorado County Board of
Supervisors fills the vacancy by appointment, the District shall call an election 90 days
after the vacancy.
2020.140 If an election is to be held, it is required to be held on the next available
election date, provided in Chapter l, (commencing with Section 1000) of Division 1 of
the Elections Code, 130 or more days after the Board of Directors is notified of the
vacancy or the effective date of the vacancy, whichever is later
2020.150 If the number of remaining members of the Board falls below a quorum, and
at the request of the Clerk of the Board or a remaining Board member, the Board of
Supervisors may waive the 60-day period and appoint immediately to fill only enough
of the vacancies to provide the Board with a quorum.
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South Tahoe Public Utility District
Board Policy Manual
Attendance at Meetings 2030-10
2030.10 Members of the Board of Directors shall attend all regular and special meetings
of the Board unless there is good cause for absence. After a total of three consecutive
absences the Board President will discuss any problems with the offending Director.
2030.20 Pursuant to Section 1062 of the Government Code, Board members shall seek
consent by Board action for absences from the state of more than 60 days and shall
notify the Clerk of the Board of such requests at least 7 days prior to the meeting of the
Board, when possible.
2030.21 Directors are requested to notify the Clerk of the Board of any expected
absences at least 3 days prior to departure when possible.
2030.30 A vacancy shall occur if any member ceases to discharge the duty of their
office for the period of three (3) consecutive months except when prevented by
sickness, or when absent from the state with the permission required by law [Govt.
Code Section 1770 (g)]. Government Code Section 1770 lists 12 circumstances which
would create a vacancy. They are:
(a) The death of the incumbent;
(b) An adjudication pursuant to a quo warrant to proceeding declaring that the
incumbent is physically or mentally incapacitated due to disease, illness or accident
and that there is reasonable cause to believe that the incumbent will not be able to
perform the duties of his or her office for the remainder of his or her term. This
subdivision shall not apply to offices created by the California Constitution or to federal
or state legislators;
(c) His or her resignation;
(d) His or her removal from office;
(e) His or her ceasing to be an inhabitant of the state, or if the office be local and one
for which local residence is required by law, of the district, county, or city for which the
officer was chosen or appointed, or within which the duties of his or her office are
required to be discharged. However, the office of judge of a municipal or justice court
shall not become vacant when, as a result of a change in the boundaries of a judicial
district during an incumbent=s term, the incumbent ceases to be an inhabitant of the
district for which he or she was elected or appointed to serve;
(f) His or her absence from the state without the permission required by law beyond the
period allowed by the law;
Page 20 of 69
Attendance at Meetings (continued)
(g) His or her ceasing to discharge the duties of his or her office for the period of three
consecutive months, except when prevented by sickness, or when absent from the
state with the permission required by law;
(h) His or her conviction of a felony or of any offense involving a violation of his or her
official duties. An officer shall be deemed to have been convicted under this
subdivision when trial court judgment is entered. For purposes of this subdivision, Αtrial
court judgment≅ means a judgment by the trial court either sentencing the officer or
otherwise upholding and implementing the plea, verdict, or finding;
(i) His or her refusal or neglect to file his or her required oath or bond within the time
prescribed;
(j) The decision of a competent tribunal declaring void his or her election or
appointment;
(k) The making of an order vacating his or her office or declaring the office vacant
when the officer fails to furnish an additional or supplemental bond;
(l) His or her commitment to a hospital or sanitarium by a court of competent
jurisdiction as a drug addict, dipsomaniac, inebriate or stimulant addict; but in that
event the office shall not be deemed vacant until the order of commitment has
become final.
Page 21 of 69
South Tahoe Public Utility District
Board Policy Manual
Directors’ Compensation 2040-10
2040.10 Members of the Board of Directors shall receive compensation in accordance
with Section 16002 of the Public Utility District Act.
2040.20 Members of the Board of Directors shall be treated as Management employees
for employment tax withholding purposes, life insurance, medical, dental and vision
benefits. Newly elected/appointed Board members shall be eligible for these benefits
on the first day of the month following appointment.
2040.21 An appointed Board member shall be treated as a Management employee (as
described in Section 2040.20 above) immediately upon being appointed to fill the
vacancy.
2040.30 Benefits provided to Board members may not be greater than the most
generous schedule of benefits being received by any group of District employees.
Family members of the Board member are also eligible for enrollment in the health
benefits plan, in accordance with the provisions of the benefit plan.
2040.40 The health benefits plan for Board members will be available only to active
members of the Board of Directors, and shall not be available after the Board member
is no longer an elected or appointed elected official of the District, unless COBRA
continuation coverage is elected.
Page 22 of 69
South Tahoe Public Utility District
Board Policy Manual
Board President and Vice President 2050-10
2050.10 The annual organizational meeting shall take place the second meeting in
December. At the annual meeting the Board shall elect a President and a Vice-
President from among the members of the Board for the next calendar year.
2050.20 The President of the Board shall preside at all meetings of the Board, maintain
order, review and approve the Board Agenda prior to its publication, enforce the rules
of the Board at all meetings, sign all bonds, notes, titles, and leases and other legal
instruments ordered to be executed by the Board, appoint all standing committees, ad
hoc committees, and all special committees, unless otherwise ordered by a majority of
the Board.
2050.30 In case of the resignation, absence, or disability of the President, the Vice-
President shall perform the duties of the President. In case of the absence or disability
of both the President and Vice-President, the Board shall choose a President pro
tempore, who shall perform all of the duties of the President.
2050.31 When the President disqualifies himself from participating in an Agenda item or
declares partisan in the debate on any item, the Vice President shall perform the duties
of the presiding officer.
2050.40 The President shall have all the rights of any member of the Board, including the
right to move, second, discuss, and vote on any and all questions before the Board.
2050.50 The President has the power to call Special Meetings and Emergency Meetings
of the Board.
Page 23 of 69
South Tahoe Public Utility District
Board Policy Manual
General Manager 2060-10
2060.10 Powers and Duties - The General Manager shall have full charge and control
over District construction projects and their maintenance and operation. The General
Manager shall report to the Board in accordance with such rules and regulations as the
Board may adopt and perform such further duties as are imposed by the Board. The
General Manager shall be the administrative head of the government of the District
under the direction and control of the Board of Directors except as otherwise provided
in this article. The General Manager shall be responsible for the efficient administration
of the District affairs which are under the General Manager’s control. In addition to the
General Manager’s powers as Administrative head and not as a limitation thereon, it
shall be the General Manager’s duty and shall have all of the powers set forth in
sections as described below:
2060.20 Residence - Residence in the South Tahoe Public Utility District’s service
boundaries at the time of appointment of the General Manager shall not be required
as a condition of the appointment, but, within one hundred eighty (180) days
thereafter, the General Manager must become a resident of the District or the Board of
Directors shall declare the office of General Manager to be vacant.
2060.30 Directors Eligibility - No person elected or appointed as a Director of the District
shall, subsequent to such election or appointment, be eligible for appointment as
General Manager until such Director has ceased to be a member of the Board of
Directors.
2060.40 Employment Agreement - The terms and conditions of the General Manager’s
employment agreement shall be specified in the agreement of employment
established between the General Manager and the Board of Directors. The agreement
of employment shall be for the period of time as specified therein. The Board shall set
the compensation for General Manager by Ordinance. Whenever the agreement of
employment is in conflict with any District Policy, said agreement of employment shall
prevail.
2060.50 Temporary General Manager - The Assistant General Manager shall serve as
General Manager Pro Tempore during any temporary absence or disability of the
General Manager. In case of the absence or disability of both the General Manager
and the Assistant General Manager, department managers shall be responsible for the
operation of their individual departments. In case of the absence or disability of the
General Manager and his failure to so appoint the Assistant General Manager as
General Manager Pro Tempore, the Board may designate some qualified District
employee to perform the duties of said General Manager.
2060.60 Enforcement - It shall be the duty of the General Manager to enforce all the
Ordinances and Resolutions of the District and to see that all Memorandums of
Understanding, contracts, permits, and privileges granted by the District are fully
observed.
Page 24 of 69
General Manager (continued)
2060.70 Authority over Employees - It shall be the duty of the General Manager and will
have authority, to control, order, and give directions to all employees and departments
of the District.
2060.80 Examination, Appointment, Promotion and Removal of Employees - It shall be
the duty of the General Manager (subject to rules made by Board of Directors for
examination, appointment, promotion, and removal of employees of District), to
examine applicants for employment and appoint, promote and remove employees of
District.
2060.90 Classification of Officers and Departments and Places of Employment - It shall
be the duty and responsibility of the General Manager to recommend to the Board of
Directors classifications of places of employment. The General Manager shall comply
with all labor laws and further recommend such further duties of Officers of the District
which may be imposed upon them by the Board in addition to those duties as provided
by Statute.
2060.100 Ordinances and Resolutions - It shall be the duty of the General Manager and
he shall recommend to the Board of Directors for adoption of Ordinances and
Resolutions as the General Manager deems necessary or expedient.
2060.110 Attendance at Board of Directors Meetings - It shall be the duty of the General
Manager to attend all meetings of the Board of Directors unless excused therefrom.
2060.120 Financial Reports - It shall be the duty of the General Manager to ensure the
Board of Directors are kept fully advised as to the financial conditions and needs of the
District.
2060.130 Purchasing - It shall be the duty of the General Manager to be responsible for
the purchase of all supplies and advertising for the District and all of its departments. All
expenditures submitted to the Board of Directors shall be in compliance with the Board
adopted Purchasing Policy.
2060.140 Investigations - It shall be the duty of the General Manager to make
investigations into the affairs of the District, into any Department thereof, and any
contract for the proper performance of any obligations of the District.
2060.150 Public Utility or Public Utility Works - It shall be the duty of the General Manager
to exercise general supervision over all public utilities or public utility works which are
under the control or jurisdiction of the Board of Directors.
2060.151 The General Manager shall initiate any action necessary and appropriate to
immediately respond to emergency situations. The General Manager, immediately
after initiating response actions, shall call an Emergency Board Meeting and review any
actions taken in response to the emergency. The Board of Directors shall respond to the
Page 25 of 69
General Manager (continued)
emergency pursuant to applicable sections of the Government Code and Public
Contract Code.
2060.160 Additional Duties - It shall be the duty of the General Manager to perform such
other duties and exercise such other powers provided by law as may be delegated to
the General Manager from time to time by Ordinance or Resolution or other actions of
the Board of Directors.
2060.170 Director-General Manager Relations - The Board of Directors and its members
shall deal with the construction, maintenance, and operation of the District only
through the General Manager, except for the purpose of inquiry; and neither the Board
of Directors, nor any member thereof, shall give orders to any District employees. The
General Manager shall take orders and instructions from the Board of Directors only
when sitting in a duly held meeting of the Board of Directors and no individual Director
shall give any orders or instructions to the General Manager.
2060.180 Attendance at Committee Meetings - The General Manager may attend any
and all committee meetings of the Board of Directors upon the General Manager’s
own volition or upon direction of the Board. At such committee meetings which the
General Manager attends, the General Manager shall be heard by such committees as
to all matters upon which he wishes to address the members thereof, and the General
Manager shall cooperate to the fullest extent with the members of any committees
appointed by the Board of Directors.
2060.190 Removal of General Manager - The removal of the General Manager shall be
in accordance with current Agreement for Professional Services.
Page 26 of 69
South Tahoe Public Utility District
Board Policy Manual
Clerk of the Board 2070-10
2070.10 The Clerk of the Board shall be responsible for performing the duties imposed by
law. Additionally, the Clerk of the Board may provide input in formulating the budget of
the office of the Board and has the authority to expend funds in accordance with
annual budget of the Board. The Clerk shall also have the authority to manage the
office of the Board and may include responsibility for the following: maintain
confidential information and files; prepare the Board Agenda, Minutes, Resolutions,
Ordinances, notices and other related matters; attend Regular, Special, Emergency,
and Adjourned Board meetings and other meetings as required, taking non-verbatim
notes of business transacted and prepare Minutes; post/publish all notices and
Agendas required by law; prepare reports, memoranda and other documents; act as
custodian of the District seal; serve as filing officer or filing official, responsible for
receiving, forwarding or retaining statements of economic interest or campaign
statements in accordance with California Code of Regulations, Title 2, Section 18227;
maintain knowledge of the Brown Act, Gov’t. Code Sections 54950 - 54962 and how it
applies to Board management; maintain Resolutions, Ordinances, Board approved
policies and District agreements; attest to Ordinances and Resolutions, and accept
correspondence on behalf of the Board.
2070.11 The Board may appoint an Assistant to the Clerk of the Board to perform the
duties of the Clerk of the Board in the absence of the Clerk.
2070.20 The Clerk of the Board and the Assistant to the Clerk of the Board, shall receive
compensation in accordance with the current Memorandum of Understanding and/or
employment agreement.
Page 27 of 69
South Tahoe Public Utility District
Board Policy Manual
Legal Counsel and Auditor 2080-10
2080.10 The Legal Counsel shall be the legal adviser of the District and shall perform
such duties as may be prescribed by the Board or General Manager. Legal Counsel is
required to review and approve as to form District legal documents, i.e. contracts,
agreements, etc. Legal Counsel shall present and report on Closed Session items
before the Board. The Legal Counsel shall serve at the pleasure of the Board, and shall
be compensated for services as determined by the Board.
2080.11 The Legal Counsel reports to the Board as a whole, but is available to each
Director for consultation regarding legal matters particular to that Board member’s
participation. No Board member may request a legal opinion of legal counsel without
concurrence by the Board except as such requests relate to questions regarding that
member’s participation.
2080.20 The Chief Financial Officer will install and maintain an accounting system that
will completely and at all times show the financial condition of the District. The Board will
appoint a committee to oversee the work of an independent auditor, who will report to
the Board, to conduct an annual audit of the District’s books, records, and financial
affairs in accordance with the Finance Committee Charter for Audit Compliance.
2080.21 The Auditor shall be appointed by the Board by a majority vote, and shall
determine the duties and compensation. The Auditor shall serve at the pleasure of the
Board.
Page 28 of 69
South Tahoe Public Utility District
Board Policy Manual
Members of the Board 2090-10
2090.10 Directors shall thoroughly prepare themselves to discuss Agenda items at
meetings of the Board of Directors. Information may be requested from staff or
exchanged among Directors before meetings when done in accordance with the
Brown Act.
2090.20 Information that is exchanged before meetings shall be distributed through the
General Manager and be designated from where it came. All Directors will receive all
information being distributed.
2090.30 Directors shall at all times conduct themselves with courtesy to each other, to
staff, and to members of the audience present at Board meetings.
2090.40 Directors shall defer to the Board President for conduct of meetings of the
Board, but shall be free to question and discuss items on the Agenda. All comments
should be brief and confined to the matter being discussed by the Board.
2090.50 Directors may request for inclusion into Minutes brief comments pertinent to an
Agenda item, only at the meeting that item is discussed (including, if desired, a position
on abstention or dissenting vote).
2090.60 Directors may request an item be placed on any Regular, Special, or
Emergency meeting Agenda any time a Board Member feels a certain subject
warrants the need, and providing the time guidelines for the Agenda publication are
followed for inclusion in the published and posted Agenda. If an item comes to the
attention of a Director or staff member after the meeting Agenda is published and
posted, it can be added to the Agenda and voted on at the Board meeting under the
rules of the Brown Act:
• Board majority decides there is an "emergency situation.
• Two-thirds of members (or all members if less than two-thirds are present) determine
"the need to take action arose subsequent to the Agenda being posted”
• Item appeared on Agenda of, and was continued from, a meeting held not more
than five days earlier.
2090-70 Board direction to staff shall be by a majority vote of the Board of Directors.
The Board, by a majority vote, may delegate directions to staff and/or to a two-
member committee.
2090.71 Requests by individual Directors for substantive information and/or research
from District staff will be channeled through the General Manager.
Page 29 of 69
Members of the Board (continued)
2090.72 Directors wishing to initiate action or changes in the programs and facilities of
the District shall present their suggestions to the General Manager, who will, in turn bring
the concern(s) to the Board of Directors through the Board President. Staff action in
implementing such suggestions shall be taken only at the direction of the Board. (See
also Policy 2060.170).
2090.80 The District will defend and indemnify any and all current or former officers, and
Directors against any expenses actually and necessarily incurred by them in connection
with the defense of any action, suit, claim, liability, demand or proceeding in which
they or any of them are made parties, or a party, by reason that of having been
officers, or Directors, unless such individual is convicted of a crime, and except in
relation to matters as to which such individual(s) shall be adjudged in such action, suit
or proceedings to be liable for negligence or misconduct in the performance of duty
and to such matters as shall be settled by agreement predicated on the existence of
such liability for negligence or misconduct.
2090.90 A Board Director may not serve as an employee of the District without first
resigning as a Board Director.
2090.91 Section 2060.30 pertains to a Director’s eligibility for appointment as General
Manager.
Page 30 of 69
South Tahoe Public Utility District
Board Policy Manual
Code of Ethics 2100-10
2100.10 The Board of Directors of South Tahoe Public Utility District is committed to
providing excellence in legislative leadership that results in the provision of the highest
quality of services to its constituents. In order to assist in the government of the behavior
between and among members of the Board of Directors, the following rules shall be
observed.
2100.20 Board members are sworn to uphold the Constitution of the United States and
the Constitution of the State of California. Board members will comply with applicable
laws regulating their conduct, including conflict of interest, financial disclosure, and
open government laws. Board members will work in cooperation with other public
officials unless prohibited from doing so by law or officially-recognized confidentiality of
their work. (Gov’t. Code Section 1360, Article 20, Section 3 of Ca. Constitution.)
2100.30 Every two years, all Directors are required to receive two hours of training in
ethics principles and ethics laws in accordance with Board Policy 2130, and
Government Code Sections 53234 through 53235.2. Add new sexual harassment
training (AB 1661)
2100.40 The needs of all District constituents should be the priority of the Board of
Directors.
2100.41 Board members will not, in the performance of their official functions,
discriminate against or harass any person on the basis of race, religion, color, creed,
age, marital status, national origin, ancestry, sex, sexual preference, medical condition,
or disability. A Board member will not grant any special consideration, treatment or
advantage to any person or group beyond that which is available to every other
person or group in similar circumstances.
2100.50 The primary responsibility of the Board of Directors is the formulation and
evaluation of policy, and for establishing and monitoring the District's progress in
attaining its goals and objectives, while pursuing its mission.
2100.60 Differing viewpoints are healthy in the decision-making process. Individuals
have the right to disagree with ideas and opinions, but without being disagreeable.
Once the Board of Directors takes action, Directors should commit to supporting said
action and not create barriers to the implementation of said action.
2100.70 Directors should practice the following procedures:
2100.71 In seeking clarification on informational items, Directors may directly approach
professional staff members to obtain information needed to supplement, upgrade, or
enhance their knowledge to improve legislative decision-making.
Page 31 of 69
Code of Ethics (continued)
2100.72 In handling complaints from residents and property owners of the District, said
complaints should be referred directly to the General Manager.
2100.73 In handling items related to safety, concerns for safety or hazards should be
reported to the General Manager or to the District office. Emergency situations should
be dealt with immediately by seeking appropriate assistance.
2100.74 In seeking clarification for policy-related concerns, especially those involving
personnel, legal action, land acquisition and development, finances, and
programming, said concerns should be referred directly to the General Manager.
2100.75 When approached by District personnel concerning specific District policy,
Directors should direct inquiries to the General Manager. The chain of command should
be followed.
2100.76 When responding to constituent requests and concerns, Directors shall respond
to individuals in a positive manner and route their questions through the General
Manager.
2100.77 In presenting items for discussion at Board meetings, see Policy Number 2090.60.
2100.78 Directors shall develop a working relationship with the General Manager
wherein current issues, concerns, and District projects can be discussed comfortably
and openly.
2100.79 Directors shall function as a part of the whole. Issues should be brought to the
attention of the Board as a whole, rather than to individual members selectively.
2100.80 Pursuant to California Law and provisions of the Brown Act, no Board member
present during a Closed Session of the District shall disclose to any person the content or
substance of any discussion regarding the subject matter of, and which took place
during the Closed Session unless the District Board shall authorize the disclosure of such
information by majority vote. In no event shall a Board member use such information to
advance financial or other private interest of themselves or others.
2100.90 A Board member is not authorized to disclose information that qualifies as
confidential information to a person not authorized to receive it, that: (a) is protected
from disclosure under the attorney/client or other evidentiary privilege, or (b) is not
required to be disclosed under the California Public Records Act.
2100.100 In addition to any other penalty or remedy as provided by law, violations of
Sections 2100.80 and/or 2100.90 may be used as a basis for disciplinary action or
censure of a Board member by the Board in accordance to Code of Conduct Policy
Section 2150. The Board shall decide by a majority vote at a noticed meeting if a
violation has occurred. If the Board determines a violation has occurred, penalties and
remedies include, but are not limited to, censure or exclusion from participation on that
Page 32 of 69
particular topic following a noticed hearing conducted by a majority of the Board.
Violations by a Board member shall constitute official misconduct which may require
that Board members testify before the Grand Jury and if convicted under Section 3060
of the Government Code, would be cause for removal from office.
2100.110 Board members are prohibited from soliciting political funds or contributions at
District facilities or from District employees. A Board member will not accept, solicit or
direct a political contribution from District vendors or consultants who have a material
financial interest in a contract or other matter while that contract or other matter is
pending before the District. A Director will not use the District’s seal, logo, stationary, or
other indicia of the District’s identity, or facsimile thereof, in any solicitation for political
contributions contrary to state or federal law. (Gov’t Code Section 3205.)
Code of Ethics (continued)
Page 33 of 69
South Tahoe Public Utility District
Board Policy Manual
Board Committees 2110-10
2110.10 The Board shall recognize two types of committees which are appointed by the
Board President:
- Two-member standing committee
- Two-member ad-hoc committee
2110.11 Any disputed, unsubstantiated, incomplete or late expense reports will be
submitted to the Executive Committee for Resolution.
The Board President may create standing and ad hoc committees for the purpose of
studying, reviewing and making recommendations concerning certain operations or
subjects of interest to the Board and meeting with other persons or entities on the
Board’s behalf. Meetings of committees may be called at any time.
Standing and ad hoc committees are responsible for reporting their findings and
making recommendation to the Board of Directors.
2110.20 The Board President may appoint/dissolve such ad hoc committees as may be
deemed necessary or advisable by the President, and/or the Board. The duties of the
ad hoc committees shall be outlined at the time of appointment, and the committees
shall be dissolved when no longer needed.
2110.30 The Board President shall appoint and publicly announce the members of the
standing committees for the ensuing year no later than the Board’s first regular meeting
in January.
2110.40 All meetings of standing committees shall conform to the laws contained in the
Brown Act that pertain to regular meetings of the Board of Directors.
2110.50 The Board’s standing committees may be assigned to review District functions,
activities, and/or operations pertaining to their designated concerns, as specified
above. Said assignment may be made by the Board President, or majority vote of the
Board. Any recommendations resulting from said review should be submitted to the
Board via a written or oral report.
2110.60 Except for ad hoc advisory committees composed solely of members of the
Board, which are less than a quorum of the Board, and which do not have continuing
subject matter jurisdiction or meetings scheduled by the Board, the meetings of all
committees created by formal action of the Board shall be open and public and shall
comply with the requirements of the Brown Act with regard to posting of notices,
Agendas, and the conduct of the business at the meeting.
Page 34 of 69
South Tahoe Public Utility District
Board Policy Manual
Memberships and Associations 2120-10
2120.10 The Board of Directors shall ordinarily hold membership in and attend meetings
of such national, state, and local associations as may exist which have applicability to
the functions of the District, and shall look upon such memberships as an opportunity for
in-service training.
2120.20 At the regular Board Organization meeting, the Board President may select
Board members to represent the District as liaison to the organizations deemed
pertinent to the operations of the District.
2120.30 Members of the Board who may be interested in appointments to association
boards/committees are to inform the President of the Board prior to the submission of
interest or nomination by an individual to an association. On occasions when prior
approval is not feasible, either due to timing or information limitations, the matter will be
presented to the President and the Board for concurrence and ratification at the
earliest date.
Page 35 of 69
South Tahoe Public Utility District
Board Policy Manual
Training, Education, Meetings and Conferences 2130-10
2130.10 Members of the Board are encouraged to attend educational conferences,
professional meetings, or other gatherings of value when the purposes of such activities
are directly related to the Directors duties that will improve District operations.
Attendance at such educational conferences, professional meetings or other
gatherings are considered a part of an official’s performance of their official duties for
the District. The benefits include:
(1) The opportunity to discuss the community’s concerns with regional, state and
national government officials on District positions;
(2) Participation in regional, state and national organizations whose activities affect
the District; and
(3) Attending the educational seminars to improve Board members’ skills and
information levels.
2130.11 “Junkets” (a tour or journey for pleasure at public expense, including social,
recreational, and entertainment events), however, will not be permitted.
2130.20 All requests shall be approved by the Board of Directors prior to incurring any
reimbursable costs and are subject to the current approved budget.
2130.30 Upon request, District administrative staff shall be responsible for making
arrangements for per diem, travel, lodging and registration for Directors attending
approved functions.
2130.40 Expenses to the District for Board of Directors’ training, education and
conferences should be kept to a minimum by utilizing recommendations for
transportation and housing accommodations put forth by the District’s Travel Policy. It
should be borne in mind that public funds are being spent and that only a reasonable
level of expense is warranted. Authorized business expenses shall not include costs
associated with a Board member’s spouse, family, or friends.
2130.41 A Director shall not attend a conference or training event for which there is an
expense to the District if it occurs after they have announced their pending resignation,
or if it occurs after an election in which it has been determined that they will not retain
their seat on the Board. A Director shall not attend a conference or training event when
it is apparent that there is no significant benefit to the District.
2130.50 Upon returning from seminars, workshops, or conferences where expenses are
reimbursed by the District, Directors will either prepare a written report for distribution to
the Board, or make a verbal report during the next regular meeting of the Board. Said
Page 36 of 69
Training, Education, Meetings and Conferences (continued)
report shall detail what was learned at the session(s) that will be of benefit to the District,
and the total costs associated with the conference. Materials from the session(s) may
be delivered to the District office to be included in the District library for the future use of
other Directors and staff.
2130.60 All District Directors and designated executive staff shall receive two hours of
training in general ethics principles and ethics laws relevant to public service within one
year of election or appointment to the Board of Directors, and at least once every two
years thereafter, pursuant to Government Code Sections 53234 through 53235.2.
2130.61 Staff members designated by the Board include all staff who are designated
filers of the Conflict of Interest Form 700.
2130.62 All ethics training shall be provided by entities who have consulted with the
California Attorney General and the Fair Political Practices Commission.
2130.63 Directors and designated staff shall obtain proof of participation after
completing the ethics training.
2130.64 District staff shall maintain records indicating both the dates that the Directors
completed the ethics training and the name of the entity that provided the training.
These records shall be maintained for at least five years after Directors receive the
training, and are public records subject to disclosure under the California Public
Records Act.
2130.65 District staff shall provide the Board of Directors with information on available
training that meets the ethics training requirements of this policy at least once every
year.
2130.66 Ethics training may consist of either a training course or a set of self-study
materials with tests, and may be taken at home, in person, or online.
Training, Education, Meetings and Conferences (continued)
Page 37 of 69
South Tahoe Public Utility District
Board Policy Manual
Business Expense, Credit Card, Vehicle Use & Reimbursement Policy 2140-10
2140.10 The purpose of these guidelines and regulations is to furnish rules and
procedures for members of the Board of Directors in incurring expenses for the purpose
of furthering the interests of the District and for claiming reimbursements for such
purposes.
2140.20 Expenditures for lodging, meals, transportation and other activities should
provide for reasonable comfort and convenience. It should be borne in mind,
however, that public funds are being spent and that only a reasonable level of
expense is warranted. Authorized business expenses shall not include costs associated
with a Board members’ spouse. To receive reimbursement for out of pocket expenses,
it is suggested that Board Members complete the District’s Business Expense Report
within one week from return from travel, and no longer than 30 days from return from
travel.
2140.30 Since circumstances vary considerably in those instances where Directors must
incur expenses, care by those incurring expenses, and supervision by those approving
expense accounts is the most effective method of control over expenditures. When
expenses that might be regarded as out of the ordinary are foreseen, instructions or
approval should be sought by a majority of the Board before incurring the expense.
2140.40 A majority of the Board may reject or reduce claims for reimbursement resulting
in any unauthorized expenses including but not limited to travel, inappropriate selection
of class of transportation, lodging, or meals. Any disputed, unsubstantiated, incomplete
or late expense reports may be submitted to the Executive Committee for
consideration of extenuating circumstances. If the Executive Committee determines
extenuating circumstances exist, they may approve the claim.
2140.41 In the event an appeal is submitted by a member of the Executive Committee,
the remaining Executive Committee member shall appoint one other Board Member to
assist in resolving the appeal.
2140.50 Definitions:
2140.51 “Travel” shall mean attendance at meetings, conferences, or other functions
on District business at other than the District headquarters or temporary headquarters
or, normal meeting places or, in the Directors’ residences or places of business.
2140.52 “Overnight travel” shall mean travel which prevents Directors from spending
their usual sleeping hours at their residences.
2140.53 “Business meal” shall be one in which Directors provide themselves and non-
employees meals and beverages (except alcoholic beverages), ordinarily associated
Page 38 of 69
Business Expense, Credit Card, Vehicle Use & Reimbursement Policy (continued)
with normal eating customs under circumstances which are generally considered to be
conductive to furthering the business of the District and where the subject matter of the
discussion is of importance to the District.
2140.54 “Mileage reimbursement” shall mean the sum of business miles driven outside
of the District’s service boundaries (commuting expenses between a Board Member’s
residence and places of business within the District’s service boundaries are not
reimbursable; however, for the purpose of this section, mileage within Alpine County is
considered to be outside of the District’s service boundaries and shall be eligible for
reimbursement) times the currently approved established Internal Revenue Service
standard mileage rate to reflect reimbursement for the use of a personal vehicle. The
Internal Revenue Service standard mileage rates are designed to compensate the
driver for gasoline, insurance, maintenance, and other expenses associated with
operating the vehicle. This amount does not include bridge and road tolls, which are
also reimbursable. Mileage reimbursement claims shall be submitted per Section
2140.20.
2140.55 Directors who are paid mileage reimbursement for use of privately owned
automobile for District business shall possess a valid driver’s license, and maintain
insurance on such automobile with proper liability coverage.
2140.60 Authorized Expenses:
2140.61 It is the policy of South Tahoe Public Utility District to encourage Board
development and excellence of performance by reimbursing authorized expenses, not
deemed unreasonable, by a majority of the Board.
The following types of activities generally constitute authorized expenses:
(1) Communicating with representatives of regional, state and national governments on
District positions; (2) Attending educational seminars designed to improve officials' skills
and information levels; (3) Participating in regional, state and national organizations
whose activities affect the District's interests.
2140.62 Expenses may include miscellaneous expenses not specifically identified
above, however, a Board member requesting reimbursement for miscellaneous
expenses not specifically identified above shall have the burden of establishing the
practical need for incurring the expense in order to conduct official duties. All
reimbursement of expenses shall be pursuant to District Policy 2140.
2140.63 Travel - Expenses may include District business telephone calls, District business
meals, common carrier fares, rental of automobiles, parking fees, and mileage
reimbursement for the use of personal automobiles as described in Section 2140.54
above.
2140.64 Overnight Travel - Expenses may include business telephone calls, including one
telephone call per day to Directors’ family, common carrier fares, rental of automobiles,
use of personal vehicles, meals and lodging, and other expenses essential to the
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Business Expense, Credit Card, Vehicle Use & Reimbursement Policy (continued)
business of the District and the ordinary personal comfort of the traveler. Expenses
incurred by any family members accompanying the Director are not reimbursable.
2140.65 Car Rental – It may be necessary to rent a car when traveling to conferences
and/or training in remote areas. When renting a car, rent the most economical vehicle
for the travel required. There are 3 rental car options available: (1) Rent a car using the
District credit card; (2) Rent a car using the District’s corporate account with Budget car
rental agency; and (3) Rent a car using a personal credit card. If Option 3 is chosen, it
must be approved in advance and reimbursement for the rental car will not be issued
until AFTER travel occurs. If the Director is under the age of 25, Option 2 must be used.
Under all options, Directors will accept the rental company’s insurance. The use of
rental vehicles should be coordinated among Directors traveling on District business to
the same location.
2140.66 Meals & Incidentals Expense – Meals and Incidental Expense allowances
conform to the IRS regular federal per diem rate method. A completed travel form must
be submitted in advance of the event to allow processing time. Once a completed
and approved travel form has been received by Accounts Payable, the Director will be
issued a per diem check on the Payment of Claims prior to the travel. The Director
should make every effort to meet the Payment of Claims deadline prior to the event to
obtain meal allowance in advance. Federal per diem rates are published by the
General Services Administration for each locality and are available on the internet at
www.gsa.gov. Should a per diem be received for a meal that is ultimately not needed,
that amount should be repaid to the District upon return from travel.
Partial meal and incidental expense allowances can be paid for multiple day
conferences, seminars, and business that require partial day travel. No meal allowance
will be provided if meals are included in the conference or training package.
Use of District credit card for training related meals is discouraged. Should you decide
to utilize your credit card, bear in mind that meals charged to credit cards will only be
allowed up to the amount of the established Internal Revenue Service rate. Any
overages must be repaid to the District upon submittal of reimbursement request. A
Director who provides a business meal for a guest or guests must provide on their
expense report the guest or guests name or names and the business reason for the
expense.
2140.67 The annual Conflict of Interest process requires that public officials must report
any gifts or meals of $50 or more from a single source in a calendar year. All gifts from a
single source are aggregated to determine if the threshold has been met.
2140.68 Transportation – The type of transportation used shall be based on the lowest
cost to the District after all costs are considered as follows: (1) Travel by common carrier
bus or train shall not be required; (2) Air travel shall be by coach or economy class. In
some instances, Directors choose to drive their own vehicle to training destinations
where air travel/shuttles would have been the most economical alternative. In order to
Page 40 of 69
provide Directors a consistent method to determine reimbursement amounts the
following procedures will be applied.
(1) Air travel l reimbursement amount will be documented by the Director via the
Yahoo! Travel site (http://travel.yahoo.com/). Documentation for air travel shall be
provided with the completed District travel form at least 21 days prior to the date of
travel. The most economical flight results for the dates of travel will be reimbursed.
Note: When inquiring airline ticket prices in the Yahoo! Travel site, use the approved
travel dates that would have been used had the Director opted for air travel. If travel
has already occurred, airline ticket prices shall be taken from the Yahoo! Travel site
using the following criteria: at least 21 day advance purchase, non-holiday time period,
same weekdays as conference travel required; (2) The cost of the current round trip
Casino shuttle to Reno/Tahoe International Airport will be reimbursed; and (3) Cost of
shuttle service from the destination airport to hotel site will be reimbursed. If proof of
cost is not provided, $30.00 will be allowed for this service.
When traveling by plane and ground transportation from an airport to a hotel is
necessary, taxis will only be used when a less expensive form of travel (i.e., shuttle
service) is not available.
This travel transportation policy is not intended to cause excessive use of personal time
to achieve the absolute lowest travel cost. Assistance with travel and training
arrangements will be given by District staff upon request.
Any Director who obtains an airline ticket paid by the District for the purpose of
combining personal travel with District travel, or for travel with a family member, shall,
prior to receipt of such tickets, make payment for the portion of cost attributed to
personal travel or to the family member’s travel.
Any cost incurred by a guest accompanying a Director must be reimbursed to the
District. Off-hours transportation or any other personal expenses associated with the
travel are the Director’s responsibility and are not reimbursable.
2140.69 Accommodations - All hotel/motel accommodations will be made in
accordance with the District travel policy except that when authorization to exceed
125% of the Internal Revenue Service room rates is needed it shall be approved by the
Board President or in the Board President’s absence, the Vice-President. No
accommodations should exceed the cost of the conference host hotel.
Documentation of the authorization shall accompany the credit card statement or
Business Expense Report as appropriate.
2140.70 Other reasonable expenses deemed in the best interest of the public and
approved by the Board President will be reimbursable. In the event a request is
submitted by the Board President, the Vice-President shall be responsible for authorizing
the request.
2140.80 Use of a District Credit Card - District credit cards are to be used by
Business Expense, Credit Card, Vehicle Use & Reimbursement Policy (continued)
Page 41 of 69
Business Expense, Credit Card, Vehicle Use & Reimbursement Policy (continued)
Directors while acting in an official capacity for the District. Each Director will receive a
copy of the District’s Cal Card Procedures specifying the District’s internal controls
followed for credit cards. Use of a District credit card in any manner determined by the
Board as inappropriate or outside of the established regulations could result in the loss
of credit card privileges. Credit cards are issued to members of the Board by the
District’s accounting office after taking office. Credit cards may be retained by the
Director until leaving office unless the Board President asks the Director to return the
credit card at an earlier date. Credit cards retained at the District will be held by the
accounting office for safe keeping. Use of the District credit cards for any personal
expenses is disallowed. If, inadvertently in the course of use of the credit cards,
expenses that are unsubstantiated by receipts or not allowed under this policy are
charged to the credit card, the amount will be identified and subtracted from the
allowable total or if necessary, a Director will be asked to reimburse the District.
Monthly credit card statements will be given to each Board member for their review
and signature. Once statements are distributed, they must be returned to accounts
payable along with accompanying transaction receipts within five working days.
2140.90 Petty Cash - A petty cash fund exists for the purpose of advancing to or
reimbursing Directors of the District for miscellaneous District expenses necessarily
incurred in carrying out their duties. Requests for reimbursement must be accompanied
by a receipt.
Page 42 of 69
South Tahoe Public Utility District
Board Policy Manual
Code of Conduct 2150-10
2150.10 The South Tahoe Public Utility District promotes and maintains the highest
standards of personal and professional ethics and conduct among people who work
for and represent the District, including its Board of Directors.
2150.20 A Director must comply with applicable laws regulating his conduct. Directors
are also required to comply with this Board Policy Manual. The following procedures
shall be followed when the Board reasonably believes that another member of the
Board has violated these policies, engaged in misconduct, or has failed to act in the
best interests of the District.
2150.30 A Director’s unacceptable conduct may include personal attacks against
fellow Directors, disruption of meetings, breaches of confidences, interference with
District operations, breaches of fiduciary duties, improper behavior toward District
vendors or employees, undisclosed conflicts of interests, and the like.
2150.31 A Director’s behavior may create potential liability for the District and fellow
Directors. The Board should hold its Directors accountable so that Board inaction is not
viewed as an endorsement of the misconduct, or expose the District to liability.
2150.32 Directors are only protected from liability when they are acting within their role
as a Director as provided by Government Code Section 820.9. However, there is
nothing in that section that exonerates an individual Board member from liability due to
his misconduct and an individual Board member may be held personally liable for the
misconduct that took place.
2150.40 While the Board has discretion in deciding the actions it may choose to take in
response to a complaint regarding a Director’s conduct, this policy provides definition
and procedures related to three types of responsive Board actions: admonition,
sanction, and censure. All consideration of complaints and resulting actions must take
place in open session and in compliance with the Brown Act. Closed session may be
held only if conferring with legal counsel in open session would prejudice the position of
the District in pending litigation. Directors will respect the confidentiality appropriate to
issues of a sensitive nature of closed session discussion(s).
2150.41 Admonition - Admonition is the least severe form of penalty. An admonition
may typically be directed to all members of the Board, reminding them that a
particular type of behavior is not in the best interests of the District, and that, if it occurs
or is found to have occurred, could make the member subject to sanction or censure.
An admonition may be issued in response to a particular alleged action or actions
although it would not necessarily have to be triggered by a complaint of misconduct.
An admonition may be issued by the Board prior to any findings of fact regarding the
Page 43 of 69
complaint, and because it is a warning or reminder, would not necessarily require an
investigation or separate public hearing to determine whether a complaint is true.
2150.42 Sanction - Sanction is the next most severe form of action. Sanction should be
directed to a particular member of the Board based on a Director’s particular action
(or set of actions) that is determined to be misconduct, but is considered by the Board
not to be sufficiently serious to require censure. A sanction is distinguished from censure
in that it does not constitute punishment. A written sanction may be based upon the
Board’s review and consideration of a written complaint. The Director accused of such
misconduct will have an opportunity to provide a written response to the complaint. A
sanction may be issued by the Board, and because it is not punishment or discipline, it
would not necessarily require an investigation or separate public hearing.
2150.43 Censure - Censure is the most severe form of action in this policy. Censure is a
formal statement of the Board officially reprimanding one of its Directors. It is a punitive
action, which serves as a penalty imposed for misconduct, but it carries no fine or
suspension of the rights of the Director as an elected official. Censure should be used
for cases in which the Board determines that the misconduct is a serious offense. In
order to protect the overriding freedom of speech, the Board shall not impose censure
on any of its Directors for the exercise of his or her First Amendment rights, no matter
how distasteful the expression was to the Board or the District. However, nothing herein
shall be construed to prohibit the Board from collectively condemning and expressing
its strong disapprobation of such remarks.
2150.44 Referral to District Attorney – At any point during the processes hereinafter
described, the Board may refer the matter, as appropriate, to the El Dorado County
District Attorney for investigation. Prior to or following such referral, the Board may
proceed with any of the actions described in this policy.
2150.50 Available Procedures for addressing misconduct - There are four separate
methods for the Board to address Director misconduct under this Policy: (1) written
complaint; (2) request for admonition; (3) request for sanction; and (4) request for
censure. Written complaints that specifically seek admonition, sanction, or censure as a
specific remedy shall be treated as a request for that remedy (admonition, sanction, or
censure), and the provisions of sections 2150.60 - 2150.90 shall not apply. The Board can
also request the Director to resign in an extreme case, but no mechanism exists to force
resignation if the Director refuses.
2150.60 Written complaints - In the event a Director reasonably believes another
Director has failed to act in the best interests of the District, resulting in misconduct, a
written complaint shall be submitted to the Human Resources Director.
2150.61 In the event a non-Director files a written complaint stating his/her reasonable
belief that a Director of the Board has acted or failed to act in the best interests of the
District, resulting in misconduct, the following procedures shall also apply.
Code of Conduct (continued)
Page 44 of 69
2150.70 A written complaint signed by the complainant shall be filed with the Human
Resources Director. Upon receipt, the Human Resources Director shall transmit the
complaint to the General Manager and legal counsel for review. The General Manager
and legal counsel shall review the complaint to determine whether there are sufficient
grounds for further action.
2150.71 If a complaint fails to articulate a sufficient basis for further consideration, the
complainant and the accused Director will so be advised by the legal counsel, and the
matter shall be deemed concluded. The Board President shall be notified of such
action.
2150.72 If a complaint adequately articulates a sufficient basis for further action, the
legal counsel shall present the complaint to a Committee (which shall be composed of
the General Manager, Human Resources Director, and the Board President). In the
event the subject of the complaint is the Board President, the Board’s Vice President will
serve in the Board President’s stead. The legal counsel may recommend that.
2150.72.1 Fact finding as to the complaint should be conducted.
2150.72.2 Informal Resolution of the complaint should occur.
2150.72.3 An independent investigation of the complaint should occur.
2150.80 Prior to any determination by the Committee to proceed with an investigation,
the accused Director must be given a reasonable opportunity to meet with the
Committee or to provide a written response to the complaint. In deciding whether or
not to open an investigation, the Committee should consider;
2150.81 Whether an investigation may compromise investigations regarding the same
alleged misconduct, whether the misconduct may result in criminal charges, and
whether the right of the accused Director to a fair jury trial may be compromised by
proceeding with an investigation;
2150.82 Whether persons involved in the allegations may choose to exercise their
constitutional right against self-incrimination, which may limit the investigation’s ability to
present a full and impartial picture of the alleged events; and
2150.83 Whether measures can be taken to protect the rights of the Director accused
of misconduct, the Director or non-Director making such allegations, and those who
have information regarding the allegations.
2150.90 Investigations
2150.91 If the Committee determines that an investigation is warranted, upon
notification of the Board, legal counsel may be directed to conduct the investigation.
Legal counsel, at its discretion, may select and manage an independent investigator to
assist in conducting the investigation.
Code of Conduct (continued)
Page 45 of 69
2150.92 In the course of the investigation, legal counsel shall determine the process by
which statements are taken. Legal counsel may allow witnesses to choose to provide a
signed declaration under penalty of perjury attesting to their knowledge of the facts
surrounding the complaint.
2150.93 Within thirty (30) days of the date the investigation begins, legal counsel shall
inform the Board of the investigation’s progress. Investigations should be completed
within three (3) months from the date the investigation begins; however, in the event
the investigation cannot be completed within the three (3) month time period, legal
counsel shall so notify the Board.
2150.94 At the conclusion of the investigation, the results of the investigation shall be
presented in writing to the Committee. If the Committee is satisfied with the
completeness of the investigation, it shall provide the Board with its findings and any
recommendations. Following such findings and recommendations, any individual
Director may file a request for admonition, sanction, or censure.
2150.95 If the Committee determines that an investigation is not warranted, the
complainant and the Board shall be notified. Following such notification, should any
Director or non-Director file a request for admonition, sanction, or censure, the
Committee shall submit to the Board a recommendation as set forth in Sections
2150.100, 2150.110, and 2150.120 below, and the matter shall thereafter be considered
by the Board at its next public meeting subject to the restriction of Section 2150.130
below.
2150.100 Request for Admonition
2150.101 Any Director or non-Director may make a written request for admonition which
must be submitted to the Human Resources Director, who will submit it to the
Committee for review. The request must contain specific language descriptive of the
alleged misconduct and the reason(s) admonition is appropriate. A copy of the request
for admonition shall be provided to the Director accused of the misconduct.
2150.102 The Committee shall review the request and submit it to the Board with a
recommendation. The Committee’s recommendation shall provide.
2150.102.1 Admonition is warranted, or
2150.102.2 Admonition is not warranted; or
2150.102.3 Further investigation is warranted; or
2150.102.4 No future action is required
2150.103 The Committee shall make a recommendation based on the Committee’s
review of the written record.
Code of Conduct (continued)
Page 46 of 69
2150.104 The Committee’s recommendation shall be subject to a majority vote of the
Board. (No action can be taken without three votes).
2150.110 Request for Sanction
2150.111 Any Director or non-Director may make a written request for sanction which
must be submitted to the Committee. The request must contain specific language
descriptive of the alleged misconduct and the reason(s) sanction is appropriate. A
copy of the request for sanction shall be provided to the Director accused of the
misconduct by personal service within five (5) business days from the date the
Committee receives the request. The time for service shall be tolled if the Board
member is unavailable for service.
2150.112 The Committee shall review the request and determine if an investigation is
warranted. Following the investigation, or if no investigation was undertaken, following
review of the request, the Committee shall submit the request to the Board with a
recommendation. The Committee’s recommendation shall provide.
2150.112.1 Further investigation of the request for Sanction is required; or
2150.112.2 Admonition, rather than Sanction is warranted; or
2150.112.3 Sanction is warranted, or
2150.112.4 No further action is warranted;
2150.113 The Committee shall make a recommendation based on the Committee’s
review of the written record.
2150.114 The Committee’s recommendation shall be subject to a majority vote of the
Board. (No action can be taken without three votes.)
2150.120 Request for Censure
2150.121 Any Director or non-Director may make a written request for censure which
must be submitted to the Committee. The request must contain specific language
descriptive of the alleged misconduct and the reason(s) censure is appropriate. A
copy of the request for censure shall be served on the Director accused of the
misconduct by personal service within five (5) business days from the date the
Committee receives the written request. The time for service shall be tolled if the
Director is unavailable for service.
2150.122 The Committee shall review the request and submit the request to the Board
with a recommendation. The Committee’s recommendation shall provide:
2150.122.1 Further investigation of the request for censure is required; or
2150.122.2 Admonition or sanction is warranted; or
Code of Conduct (continued)
Page 47 of 69
2150.122.3 The request for censure should be set for a separate Board public hearing; or
2150.122.4 No further action is required
2150.123 A recommendation of the Committee shall be based on the Committee’s
review of the written record.
2150.124 If the Board determines that further investigation is required subject to a
majority vote of the Board. (No action can be taken without three votes.) The Board
shall direct the Committee to lead the investigation. The following guidelines apply to
such an investigation.
2150.124.1 The Committee may be assisted by a separate independent investigator.
2150.124.2 Upon completion of the investigation, the Committee should determine if
taking all the facts and evidence into consideration, there are reasonable grounds to
believe or not believe that misconduct occurred.
2150.124.3 The Committee shall issue to the Board a final report and recommendation
at an upcoming Board Meeting (as a report only, no Board action is necessary). The
Committee’s final report shall be made available to the public.
2150.130 Process
2150.131 If a separate Board public hearing is required, it must be scheduled far
enough in advance to provide the Director subject to the charges adequate time to
prepare for the hearing. That Director shall be given the opportunity to make an
opening and closing statement, and to question the requesting party. The Director may
be represented and may have the representative speak or question on his/her behalf.
The President or Vice President, if the President is the subject of the charges, shall
preside at the public hearing. The rules of evidence shall not apply to the hearing of the
matter, which is not a formal adversarial proceeding. Legal counsel will assist Directors
in the investigation, and provide legal advice to the Board during the hearing of the
matter
2150.132 In the event that the investigation determines the Board Policy Manual or
District Policies were violated, an Agenda item shall be prepared for an open session for
the Board to consider whether to discipline or express disapproval of the involved
Director. At the open session Agenda item, the involved Director must first disqualify
himself from the proceeding by recusal at the beginning of the Agenda item. While the
involved Director has a limited right to be present to speak on his/her own behalf, the
involved Director must do so not as a Director, but solely in an individual capacity and
must sit with other members of the public. After the public comment section, the
involved Director must leave the room when the Board discusses and votes on its course
of action, due to a risk that the involved Director’s mere presence in the room may
improperly influence the proceedings. The involved Director has a right to have a
Code of Conduct (continued)
Page 48 of 69
representative or counsel in the room at all times, and may re-enter the room after the
Board has voted on its course of action.
2150.133 A decision to censure requires the adoption of a motion or a Resolution
making findings with respect to the specific charges, based on substantial evidence
and shall be subject to a majority vote of the Board. (No action can be taken without
three votes.)
Code of Conduct (continued)
Page 49 of 69
South Tahoe Public Utility District
Board Policy Manual
The Brown Act 3000-10
3000.10 The Ralph M. Brown Act is the portion of the Government Code, Sections
§54950 through §54962, which is referred to as the Public Meeting Law. These sections
of the Government Code are changed and revised annually so it is necessary to review
the updates when questions arise surrounding public meeting laws.
3000.20 The Clerk of the Board shall be responsible for maintaining the current
Government Code for the District.
3000.30 The Brown Act, including current revisions of the Government Code, shall be
provided to each Board member and kept on file with the Clerk of the Board.
Page 50 of 69
South Tahoe Public Utility District
Board Policy Manual
Board Meetings 3010-10
3010.10 Regular Meetings of the Board of Directors shall be held on the first and third
Thursday of each calendar month at 2:00 P.M. at a regular meeting place, within
District boundaries, selected by the Board of Directors by Ordinance, free of
discrimination and accessible to handicapped. Certain exceptions to holding the
meetings within District boundaries are found under Government Code Section 54954.
3010.11 An annual Board meeting calendar shall be prepared by the Clerk of the Board
and submitted to the person in charge of reserving the meeting room selected in
advance by the Board of Directors for each new calendar year. This calendar shall set
the dates for all Regular Board Meetings for the ensuing calendar year.
3010.12 A Regular Board meeting Agenda mailing list shall be revised each calendar
year by sending all parties who have notified the Clerk of the Board in writing of their
interest in receiving the Regular Board meeting Agendas. A small fee shall be levied
upon the recipients of the Agenda to cover the costs of reproduction and postage.
3010.13 The mailing list derived from the actions described above shall be used for
public notice of Regular meetings of the Board of Directors. In addition to the mailed
Agenda s, the Clerk of the Board shall cause an Agenda to be posted at the place
where the meeting is to be held and another Agenda shall be posted outside the
District administration building, which is accessible to the public 24 hours per day, at
least 72 hours prior to the time of all Regular Board meetings.
3010.14 All Regular Board meeting Agendas must give members of the public the
opportunity to speak before or during consideration of a Board action item.
3010.15 The Clerk of the Board (or designee) shall attend and keep Minutes of all
Regular meetings of the Board in accordance with Board Policy Section 3060.
3010.20 Special Meetings (Non-emergency) of the Board of Directors may be called by
the Board President or by a majority of the Board members, but must be held within
District boundaries, free of discrimination and accessible to handicapped unless certain
situations exist (Government Code Section 54954).
3010.21 All Directors, the General Manager, District Counsel, Tahoe Daily Tribune, Tahoe
Mountain News and other desired staff shall be notified of the Special Board meeting
and the purpose(s) for which it is called. Said notification must be in writing and
delivered to said parties at least twenty-four (24) hours prior to the meeting.
3010.22 An Agenda shall be prepared and delivered with the notice of the special
meeting to those specified in 3010.21 above. The Clerk of the Board shall cause a
notice to be posted at the place where the meeting is to be held, outside the District
Page 51 of 69
Board Meetings (continued)
administration building (which is accessible to the public 24 hours per day), at least 24
hours prior to the time of the Special Meeting.
3010.23 Only those items of business listed in the call for the Special Meeting shall be
considered by the Board at any Special Meeting. All Special Meeting Agenda s must
give members of the public the opportunity to speak before or during consideration of
a Board action item.
3010.24 The Clerk of the Board (or designee) shall attend and keep Minutes of all
Special meetings of the Board in accordance with Board Policy Section 3060.
3010.30 Adjourned Meetings: A regular or special meeting can be adjourned and re-
adjourned to a time and place specified in the order of adjournment. If no time is
stated, the meeting is continued to the hour for regular meetings. Less than a quorum
may so adjourn a meeting; and if no member of the legislative body is present, the
Board Clerk may adjourn the meeting. If a meeting is adjourned for less than five
calendar days, no new Agenda need be posted so long as a new item of business is
not introduced. A copy of the order of adjournment must be posted within 24 hours
after the adjournment, at or near the door of the place where the meeting was held.
3010.31 The Clerk of the Board (or designee) shall attend and keep Minutes of all
Adjourned meetings of the Board in accordance with Board Policy Section 3060.
3010.40 Special Meetings (Emergency Meetings) of the Board of Directors may be
called in the event an emergency situation involving matters upon which prompt
action is necessary due to the disruption or threatened disruption of public facilities.
Emergency Situation (54956.5) means any: 1) work stoppage or other activity which
severely impairs public health, safety, or both as determined by a majority of the Board;
2) crippling disaster which severely impairs public health, safety, or both as determined
by a majority of the Board.
3010.41 The 24-hour posting requirement and the 24-hour notice requirement may be
waived for Emergency meetings. All other rules governing special meetings shall be
observed with the exception of the 24-hour notice
3010.42 Closed Sessions may not be held during an Emergency meeting.
3010.43 The Clerk of the Board shall attend and keep Minutes of all Emergency
meetings of the Board in accordance with Board Policy Section 3060. Absence of the
Clerk of the Board shall not preclude the meeting from taking place.
3010.44 The Clerk of the Board shall post, as soon after an Emergency meeting as
possible and for a minimum of 10 days in a public place: the Minutes of the meeting, a
list of persons notified or which were attempted to be notified, roll call vote, and any
actions taken at the meeting.
Page 52 of 69
3010.50 A Public Hearing (at least one) is required prior to adopting an Ordinance,
Resolution or other legislative enactment for a new fee or approving an increase in an
existing fee or service charge. Oral or written public presentations can be made as part
of a regularly scheduled meeting. The Brown Act requires a 45 day notice period of the
Public Hearing at which the Board proposes to act on the proposed fee. Section
54954.6 lists certain exclusions to "new or increased assessments".
3010.51 The publication of the noticed Public Hearing must appear 10 days in advance
of the hearing. The number of publications required is 2 and there should be 5
intervening days between the first and last publication. (Government Code Section
6062.a)
3010.52 Notice of the time and place of the meeting, including a general explanation
of the matter to be considered, and a statement that the data is available shall be
mailed at least 14 days prior to the meeting to any interested party who files a written
request. (Government Code 66016)
3010.53 At least 10 days prior to the meeting, the District shall make available to the
public, data indicating the amount of cost, or estimated cost, required to provide the
service for which the fee or service charge is levied and the revenue sources
anticipated to provide the service. (Government Code 66016)
3010.54 The meeting place requirements are the same as those shown for Regular and
Special meetings.
3010.60 Public Hearings may be held prior to Board Action on any subject if the Board
of Directors deems it beneficial to receive public comments.
3010.70 Closed Sessions of the Board of Directors shall be held in accordance with the
Brown Act (Government Code 54950 through 54962).
3010.71 In part, the Brown Act states the Board may not discuss any matters other than
those stated on the Closed Session portion of the Agenda. The Agenda must state the
reasons for the Closed Session and the Board must report at a public meeting any
reportable action taken. The Board need not return to Open Session to vote on any
item in the Closed Session.
3010.80 Workshop meetings may be held by the Board of Directors at any time a
majority of the Board feels a certain subject warrants the need for additional time for
review prior to Board action or for general informational purposes.
3010.81 The time, place, and date for a Workshop meeting shall be at the discretion of
a majority of the Board of Directors.
3010.82 The Workshop meeting shall be publicly noticed.
Board Meetings (continued)
Page 53 of 69
South Tahoe Public Utility District
Board Policy Manual
Board Meeting Agenda 3020-10
3020.10 The General Manager shall cause an Agenda to be prepared for all meetings
listed in 3010. Any Director may request, through the General Manager, that an item
be placed on the Agenda in accordance with 2090.60. Submittal of an Agenda item
for inclusion in the published, posted Agenda must be received by 12:00 noon on the
Wednesday preceding the Thursday Board meeting by one-week and one-day.
3020.11 An Agenda Review Committee, consisting of the Board President, General
Manager, Assistant General Manager, Clerk of the Board, and Chief Financial Officer
(or designee) shall be invited to review and approve the Agenda prior to its
publication.
3020.20 Any member of the public may request that a matter directly related to District
business be placed on the Agenda of a regularly scheduled meeting of the Board of
Directors, subject to the following conditions:
3020.21 The Agenda Review Committee shall judge whether or not the public request is
a "matter directly related to District business.”
3020.22 The request must be in writing and be submitted to the General Manager
together with supporting documents and information, if any, within the time frame
outlined in 3020.10. If the request is received after the Agenda is prepared, the item will
be held by the Clerk of the Board until publication of the next regular Board meeting
Agenda.
3020.23 No matter which is legally a proper subject for consideration by the Board in
Closed Session will be accepted under this policy.
3020.24 A request may be made through the "Request to Appear" process in which a
member of the public is allowed to bring an individual item before the Board for
consideration and/or Board action.
3020.25 The Board President may first assign a committee to hear the “Request to
Appear” to study and make a recommendation to the full Board to aid in their
consideration of the request.
3020.26 The Board of Directors may place limitations on the total time to be devoted to
a public request issue at any meeting, and the Board President may limit the time
allowed for any one person to speak on any one issue at the meeting.
3020.30 All Regular and Special Board Meeting Agendas shall provide an opportunity
for members of the public to comment on any item before or during consideration (by
vote) of the Board.
Page 54 of 69
Board Meetings (continued)
3020.40 Each Regular Board meeting Agenda shall include a "Comments from the
Audience" section to allow an opportunity for public participation. The Board may not
take action on matters discussed during this portion of the meeting.
3020.50 This policy does not prevent the Board from taking testimony at regular and
special meetings, or workshops of the Board on matters which are not on the Agenda,
which a member of the public may wish to bring before the Board. However, the Board
may not take action on such matters at that meeting.
3020.60 Board Agenda posting requirements are referenced in Policy 3010.
Page 55 of 69
South Tahoe Public Utility District
Board Policy Manual
Board Meeting Conduct 3030-10
3030.10 Meetings of the Board of Directors shall be conducted by the Board President in
a manner consistent with the policies of the District.
3030.11 If a Director believes order is not being maintained or procedures are not
adequate, then he/she should raise a point of order – not requiring a second – to the
President. If the ruling of the President is not satisfactory to the Director, then it may be
appealed to the Board. A majority of the Board will govern and determine the point of
order.
3030.20 All Board meetings shall commence at the time stated on the Agenda and
shall be guided by same.
3030.30 The conduct of meetings shall, to the fullest possible extent, enable Directors to:
3030.31 Consider problems to be solved, weigh evidence related thereto, and make
decisions intended to solve the problems; and
3030.32 Receive, consider and take any needed action with respect to reports of
accomplishment of District operations.
3030.40 Provisions for permitting any individual or group to address the Board
concerning any item on the Agenda of a special meeting, or to address the Board at a
regular meeting on any subject that lies within the jurisdiction of the Board of Directors,
shall be as follows:
3030.41 Five (5) Minutes may be allotted to each speaker and a maximum of twenty
(20) Minutes to each subject matter. A member of the public shall not be required as a
condition of attendance to register his or her name, to provide other information, or
otherwise fulfill any condition precedent to addressing the Board. Information given
shall be voluntary;
3030.42 No boisterous or inappropriate conduct shall be permitted at any Board
meeting. Persistence in such conduct shall be grounds for summary termination, by the
Board President, of that person’s privilege of address; and
3030.43 No oral presentation shall include charges or complaints against any District
employee, regardless of whether or not the employee is identified in the presentation
by name or by another reference which tends to identify.
Page 56 of 69
3030.50 Willful disruption of any of the meetings of the Board of Directors shall not be
permitted. If the Board President finds that there is in fact willful disruption of any
meeting of the Board, he/she may eject any person or persons making personal,
impertinent or slanderous remarks, refusing to abide by a request from the President, or
otherwise disrupting the meeting. The Board President may order the room cleared and
subsequently conduct the Board’s business without the audience present.
3030.51 In such an event, only matters appearing on the Agenda may be considered in
such a session.
3030.52 After clearing the room, the President of the Board may permit those persons
who, in their opinion, were not responsible for the willful disruption to re-enter the
meeting room.
3030.53 Duly accredited representatives of the news media, whom the President of the
Board finds not to have participated in the disruption, shall be admitted to the
remainder of the meeting.
Board Meeting Conduct (continued)
Page 57 of 69
South Tahoe Public Utility District
Board Policy Manual
Board Actions and Decisions 3040-10
3040.10 Actions by the Board of Directors include, but are not limited to the following:
3040.11 Adoption or rejection of Ordinances, regulations or policies;
3040.12 Adoption or rejection of a Resolution;
3040.13 Adoption, approval, or rejection of any contract or expenditure;
3040.14 Approval or rejection of any proposal which commits District funds or facilities,
including employment and dismissal of personnel; and,
3040.15 Approval or disapproval of matters which require or may require the District or
its employees to take action and/or provide services.
3040.20 Obtaining the Floor
3040.21 Any Director desiring to speak should address the President and, upon
recognition by the President, may address the subject under discussion.
3040.30 Motions:
3040.31 Any Director, including the President, may make or second a motion. A motion
shall be brought and considered as follows:
3040.31.1 A Director makes a motion; another Director seconds the motion; and the
President states the motion.
3040.32 Once the motion has been stated by the President, it is open to discussion and
debate. After the matter has been fully debated, and after the public in attendance
has had an opportunity to comment, the President will call for the vote.
3040.32.1 If the public in attendance has had an opportunity to comment on the
proposed action, any Director may move to immediately bring the question being
debated to a vote, suspending any further debate. The motion must be made,
seconded and approved by a majority vote of the Board.
3040.40 Secondary Motions. Ordinarily, only one motion can be considered at a time
and a motion must be disposed of before any other motions or business are considered.
There are a few exceptions to this general rule, though, where a secondary motion
concerning the main motion may be made and considered before voting on the main
motion.
Page 58 of 69
Board Actions and Decisions (continued)
3040.41 Motion to Amend. A main motion may be amended before it is voted on,
either by the consent of the Directors who moved or seconded, or by a new motion
and second.
3040.42 Motion to Table. A main motion may be indefinitely tabled before it is voted on
by motion made to table, which is then seconded and approved by a majority vote of
the Board.
3040.43 Motion to Postpone. A main motion may be postponed to a certain time by a
motion to postpone, which is then seconded and approved by a majority vote of the
Board.
3040.44 Motion to Refer to Committee. A main motion may be referred to a Board
committee for further study and recommendation by a motion to refer to committee,
which is then seconded and approved by a majority vote of the Board.
3040.45 Motion to Close Debate and Vote Immediately. As provided above, any
Director may move to close debate and immediately vote on a main motion.
3040.50 Action can only be taken by the vote of the majority of the Board of Directors.
Three (3) Directors represent a quorum for the conduct of business. Actions taken at a
meeting where only a quorum is present, therefore, require all three (3) votes to be
effective (unless a 4/5 vote is required by law).
3040.51 A member abstaining in a vote is considered as absent for that vote. A
member abstaining due to a conflict of interest does not count towards a quorum.
3040.510 Example: If three of five Directors are present at a meeting, a quorum exists
and business can be conducted. However, if one Director abstains on a particular
action and the other two cast “aye” votes, no action is taken because a “majority of
the Board” did not vote in favor of the action.
3040.511 Example: If an action is proposed requiring a two-thirds vote and 2 Directors
abstain, the proposed action cannot be approved because 4 of the 5 Directors would
have to vote in favor of the action.
3040.512 Example: If a vacancy exists on the Board and a vote is taken to appoint an
individual to fill said vacancy, three Directors must vote in favor of the appointment for
it to be approved. If two of the four Directors present abstain, the appointment is not
approved.
Page 59 of 69
3040.60 The Board may give directions that are not formal action by a consensus of the
Board. Such directions do not require formal procedural process. Such directions
include the Board’s directives and instructions to the General Manager. The President
shall determine by consensus a Board directive and shall state it for clarification. Should
any two Directors challenge the statement of the President, a voice vote may be
requested.
3040.61 A formal motion may be made to place a disputed directive on a future
Age nda for Board consideration, or to take some other action (such as refer the matter
to the General Manager for review and recommendation, etc.)
3040.62 Informal action by the Board is still Board action and shall only occur regarding
matters that appear on the Agenda for the Board meeting during which said informal
action is taken.
Board Actions and Decisions (continued)
Page 60 of 69
South Tahoe Public Utility District
Board Policy Manual
Review of Administrative Decisions 3050-10
3050.10 The provisions of Section 1094.6 of the Code of Civil Procedure of the State of
California shall be applicable to judicial review of all administrative decisions of the
Board of Directors pursuant to the provisions of Section 1094.5 of said code. The
provisions of section 1094.6 shall prevail over any conflicting provision and any
otherwise applicable law, rule, policy or regulation of the District, affecting the matter
of appeal.
3050.20 This policy affects those administrative decisions rendered by the Board of
Directors governing acts of the District in the conduct of the District’s operations and
those affecting personnel operating policies.
3050.30 The purpose of this policy is to insure efficient administration of the District, and
the expeditious review of decisions rendered by the Board of Directors.
3050.40 If members of the public feel there has been a violation of the Brown Act, the
parties (including the D.A.) have 90 days in which to make written demand upon the
Board to cure or correct the alleged violation.
3050.41 If the Board action took place in open session, interested parties have 30 days
to make their demand (Government Code Section 54960.1).
Page 61 of 69
South Tahoe Public Utility District
Board Policy Manual
Minutes of Board Meeting 3060-10
3060.10 The Clerk of the Board (or designee) shall attend and keep Minutes of all
Regular, Special, Adjourned, and Emergency meetings of the Board.
3060.11 Copies of Minutes shall be made for approval by Directors in a future Agenda.
3060.20 Motions, Resolutions or Ordinances shall be recorded as having passed or
failed, and individual votes will be recorded unless the action was unanimous. If there is
no Board action on any item, the Minutes shall state: No Board Action.
3060.21 All Resolutions and Ordinances adopted by the Board shall be numbered
consecutively.
3060.30 Minutes of Board meetings shall follow the individual Agenda sequence for
each Board meeting and may include (depending on the type of Board meeting, but
not limited to the following):
3060.31 Time, date, place, and type of each meeting;
3060.32 Directors present and absent by name, staff members present by name, and
visitors present by name, providing their names are known either from recognition by
the Clerk of the Board or by signing the visitor sign-in sheet;
3060.33 Arrival time of tardy Directors by name and pre-adjournment departure time of
Directors by name; notation of Director’s name and the time, if absence takes place
when any Agenda items are acted upon;
3060.34 Description of Consent Calendar Items and the Board vote;
3060.35 Description of Board Action Items and the Board vote. A notation if any Board
member must disqualify themselves from participation in any item due to a conflict of
interest;
3060.36 Items to be considered during Closed Session and the appropriate Government
Code reference;
3060.37 Brief summary of Board Member and Staff Report Items;
3060.38 Record of Board vote (if any) on items considered during Closed Session;
3060.39 Time of Adjournment
3060.40 Signature of Board President, attested by the Board Clerk.
Page 62 of 69
South Tahoe Public Utility District
Board Policy Manual
Audio and/or Video Tape Recordings of Board Meetings 3070-10
3070.10 An audio and/or video tape recording of any open and public meeting of the
Board of Directors may be made for the purpose of providing detailed information for
the preparation of the official Minutes of the meetings. Such tape recordings shall be
kept by the Clerk of the Board.
3070.11 Any member of the public is allowed to record the proceedings with an audio
and/or video tape recorder at an open and public meeting provided that the
recording does not constitute a persistent disruption of the proceedings.
3070.20 Upon request by a Board Member or District staff, audio and/or video tape
recordings of a Closed Session of a Board meeting may be made upon approval by a
majority of the Board. Recordings made during Closed Sessions are deemed not to be
public records.
3070.30 Any tape or film record of an open and public meeting made for whatever
purpose by or at the direction of the District shall be subject to inspection pursuant to
the California Public Records Act, and may be erased or destroyed thirty (30) days after
the taping or recording, but not before the official meeting Minutes have been
adopted by the Board. Upon request by a Board Member or District staff, specific
recordings may be held for a longer period of time upon approval by a majority of the
Board.
3070.40 Members of the public can make an appointment with the Clerk of the Board
to listen to or view tapes, during regular business hours (8:00 A.M. - 5:00 P.M.), Monday
through Friday, relative to staff time and District priorities. A tape player and a location
to listen to or view tapes will be made available by the District without charge to the
person(s) requesting access to the tapes.
3070.50 Members of the public may request copies of available meeting tapes. The fee
for reproduction shall be paid in advance, based on an estimate of the hourly wage of
the person reproducing the tapes plus a charge for the actual cost of each tape.
Postage fees incurred in mailing such copies shall also be charged to the requestor.
Page 63 of 69
South Tahoe Public Utility District
Board Policy Manual
Social Media 3080-10
3080.10 The Board adopted a Social Media Policy on June 7, 2018. Therefore, said
Social Media Policy is hereby incorporated by reference, and shall constitute the Social
Media Policy of the South Tahoe Public Utility District.
Page 64 of 69
South Tahoe Public Utility District
SOCIAL MEDIA POLICY
(last revised 6/19/2018)
The purpose of this Social Media Policy is to (1) establish parameters on the creation
and use of South Tahoe Public Utility District (District) sponsored social media sites, (2)
provide guidance to employees regarding their personal use of social media in ways
that intersect with their District employment, and (3) outline policy for external use of the
District’s social media sites.
The Social Media Policy consists of the following Sections:
I. Employee and Director Personal Use of Social Media
II. District Use of Social Media
III. External Use Social Media Rules
All use of social media should be consistent with applicable District, State, and Federal
laws, regulations and policies, as well as the guidelines in this document. This includes
the District’s Information Technology Policy and Procedures and the applicable
Memorandum of Understanding.
Page 65 of 69
Section I. PERSONAL USE OF SOCIAL MEDIA
Many District employees and Board of Directors (Directors) use personal social media
sites. These sites should remain personal in nature (i.e. be used only in a personal
capacity rather than an official one) and be used to share personal opinions or non-
work related information. Following this principle helps ensure a distinction between
sharing personal and District views. District employees and Directors shall not use their
District email account or password in conjunction with a personal social networking or
social media site.
Employees
For District employees, this Policy prohibits the personal use of social media during work
time or using District electronic resources. Further, this Policy expressly prohibits
employees from representing themselves, impliedly or expressly, as presenting the
opinions or positions of the District unless authorized to do so in advance by the General
Manager in writing. Employees are also prohibited from using personal social media to
divulge the District’s intellectual property, trade secret information, or confidential
business information (including personal and confidential personnel information and/or
safety information that may put employees or the public at risk of harm), or in ways that
violate the District’s policies (including but not limited to those that prohibit harassment
or retaliation). The prohibitions in this Policy are not intended to prohibit lawful speech
about matters of public concern or collective employee discussion about terms and
conditions of employment. In short, Employees are expected to be attentive and
careful in their use of social media and to use good judgment. District personnel who
identify themselves as District employees on their personal social media sites should
assume that their speech and related activity on those sites may reflect upon the
District and should tailor their use accordingly
Board of Directors
It is best for Directors to take a cautious approach when commenting, liking or sharing
District-related content on social media. It is possible to unintentionally violate the Brown
Act by conducting a serial meeting on social media. Multiple Directors liking, retweeting
and/or commenting on other Director’s sites and posts may inadvertently create an
actual or perceived serial meeting.
Directors who decide to have personal social media sites and/or who decide to
comment on posts about official District business should adhere to the following general
principles:
• State your name and, if relevant, role when discussing District business
• Use a disclaimer such as: “The postings on this site are my own and do not
represent the opinions of the South Tahoe Public Utility District”
• Avoid commenting on District’s social media sites
Page 66 of 69
SECTION II. DISTRICT USE OF SOCIAL MEDIA
The District welcomes Employees to submit proposed content for the District’s website or
social media sites to the General Manager, or to staff specifically designated and
authorized by the General Manager who manage such accounts. However, only the
General Manager or such designated and authorized personnel may publish content
to a District web site or social media site. Unauthorized usage of or posting to the
District’s website or social media accounts, and/or violation of the Social Media Policy,
can be grounds for disciplinary action up to and including termination.
All District-related communication through its social media sites must remain
professional in nature. Information posted on social media must be presented following
professional standards for good grammar, spelling, brevity, clarity and accuracy, and
avoid jargon, obscure terminology, or acronyms. Social media accounts should be
registered under the District’s social media email address
(SocialMedia@stpud.dst.ca.us).
Content of Posts:
District social media sites shall not be used for any of the following:
• For endorsing political candidates
• For conducting private commercial transactions or engaging in private business
activities
• For endorsing or recommending any private business
• For posting of personal commentary on District policy
Additionally, the following types of communications are prohibited:
• Profanity, obscenity, or racist or sexist content or comments, as well as content
likely to discredit the reputation or professional integrity of the District
• Copyright violations
• Confidential or other non-public information
If an account is used for District purposes, the entire account, regardless of any
personal views, is subject to these best practices guidelines, including open records
provisions
Sharing Content (including Re-Posting, Re-Tweeting, etc.):
Re-posting or sharing content from an appropriate outside source can be a useful tool
in informing the public about District activities. When using a District account to share
content from an outside source:
• Thoroughly read information/stories in links before sharing
• Clearly identify the source
• Ensure content being shared promotes or highlights the District in a positive
manner
Page 67 of 69
Responding to Comments on District sites and Accounts:
Social media sites offer ample opportunities for the District to interact with the public.
The District’s policy is that questions or factually inaccurate comments posted to District
sponsored media sites should be answered or corrected by designated District staff as
soon as possible. Responses should be professional, conversational, accurate and
positive no matter how the original question or comment was phrased.
Following or “Liking” Outside Pages:
Following or liking a page or account on social media can be perceived as an
endorsement and should only be done when it fits the following criteria:
• Other regional governments or quasi-governmental agencies relevant to the
District
• Topically appropriate and recognized local, regional, state of national
organizations (such as Association of California Water Agencies)
• Event or program pages of District co-sponsored events or programs
• Relevant media outlets (local, regional, state, or trade)
Referencing External Social Media Comment Rules:
All District-sponsored social media sites must contain the following disclaimer and public
comment policy, to the degree permitted by the host. The legal disclaimer should be
posted in an area on the social media site that is static to the degree permitted by the
social media site.
“Using this page indicates your agreement with South Tahoe Public Utility
District’s Public Comment Rules* which contain important conditions and
restrictions. If you do not agree, please refrain from using this page.”
*Public Comment Rules (link to District webpage with Public Comment Rules and
Disclaimer featured in Section III. External Use Social Media Policy)
Records Management:
All comments or posts made to District account walls or pages are public, not private.
In the spirit of transparency at the District:
• Social media posts and comments that adhere to the External Use Social Media
Policy will be left on the social media page for as long as the social media
provider’s policy allows.
• Account administrators who receive messages through the private message
service offered by the social media site should encourage users to contact them
at a public e-mail address maintained by the District.
Page 68 of 69
SECTION III. External Use Social Media Rules
All District-sponsored social media sites should contain a link to the following disclaimer
and public comment rules on the District’s website, to the degree permitted by the
social media site.
Public Comment Rules
The purpose of comment-enabled social media sites is to facilitate a polite and
constructive dialogue between South Tahoe Public Utility District (District) and its
customers on matters of public interest. The District’s social media sites serve a limited
public forum and all content published is subject to monitoring. User-generated posts
will be rejected or removed (if possible) when content:
• Is off-subject or out of context
• Contains obscenity or racist, sexist, or derogatory content or personal attacks
• Contains personal identifying information or sensitive personal information
• Contains offensive terms that target protected classes
• Is threatening, harassing or discriminatory
• Incites or promotes violence or illegal activities
• Contains information that reasonably could compromise individual or public
safety
• Advertises or promotes a commercial product or service, or any entity or
individual
• Promotes or endorses political campaigns or candidates
Public Records Law
South Tahoe Public Utility District’s social media sites are subject to applicable public
records laws. All comments or posts made to District account walls or pages are public,
not private. The District is responsible for responding completely and accurately to any
public records request.
Legal Disclaimer
The South Tahoe Public Utility District’s social media sites are produced and maintained
by the District. Links to other internet sites should not be construed as an endorsement
of the views contained therein. The District does not control or guarantee the accuracy,
relevance, timeliness or completeness of information contained on a linked website.
The District does not endorse the organizations sponsoring linked websites or the views
they express or the products/services they offer. The District cannot and does not
authorize the use of copyrighted materials contained in linked websites. Users must
request such authorization from the sponsor of the linked website. The District will not be
responsible for content posted by any user in any forum, message board, wall, tweet or
other area within the Web Communications host. Opinions expressed by visitors to the
District’s social media pages do not reflect the opinions of the District.
Page 69 of 69
If a user does not agree to these terms, the individual should not use South Tahoe Public
Utility District’s sponsored social media pages as a violation of these terms may lead to
legal liability.
i Adoption: 04/01/93
Amended: 03/19/98
Amended: 05-21-98
Amended: 11/05/01
Amended: 03/02/06
Amended: 08/06/15
Amended: 07/05/18