2023 Board Policy Manual - Updated July 2023SOUTH T41foe
South Tahoe Public Utility District
Board Policy Manual
August 22, 2023
BOARD POLICY MANUAL INDEX
SECTION
DESCRIPTION
PAGE
1.0
INTRODUCTION
1
1.1
Purpose of Board Policies
1
1.2
Adoption and Amendment of Policies
1
2.0
PROCEDURES
2
2.1
Public Complaints
2
2.2
Budget Preparation
3
2.3
Public Records
3
2.4
Records Retention
6
3.0
BOARD OF DIRECTORS
6
3.1
Unit of Authority
6
3.2
Election of Directors and Orientation
6
3.3
Appointment of Directors
8
3.4
Attendance at Meetings
11
3.5
Directors' Compensation
12
3.6
Board President and Vice President
13
3.7
Members of the Board
13
3.8
Board Committees
15
3.9
Membership and Associations
16
3.10
Training, Education, Meetings and Conferences
16
3.11
Business Expense, Credit Card, Vehicle Use & Reimbursement
Policy
18
4.0
PERSONNEL
22
4.1
General Manager
22
4.2
Clerk of the Board
25
4.3
Legal Counsel and Auditor
25
5.0
BOARD CODES
25
5.1
Code of Ethics
26
5.2
Code of Conduct
28
5.3
Conflict of Interest Code
34
6.0
BOARD MEETING
36
6.1
The Brown Act
36
6.2
Board Meetings
36
6.3
Board Meeting Agenda
39
6.4
Board Meeting Conduct
40
6.5
Board Actions and Decisions
42
6.6
Review of Administrative Decisions
44
6.7
Minutes of Board Meeting
44
6.8
Audio and/or Video Recordings of Board Meetings
46
7.0
SOCIAL MEDIA
46
7.1
Purpose
46
7.2
Personal Use of Social Media
46
7.3
District use of Social Media
47
7.4
External Use Social Media
50
South Tahoe Public Utility District
Board Policy Manual
1.0 INTRODUCTION
1.1 Purpose of Board Policies
1.1.1 The policy of the Board of Directors of the South Tahoe Public Utility
District ("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.
1.1.2 If any policy or portion of a policy contained in the Board Policy
Manual is in conflict with rules, regulations, or legislation having authority over the District's
policy, then those rules, regulations, or legislation shall prevail.
1.1.3 Any of the rules not required by law may be suspended by a
majority of the Board.
1.2 Adoption and Amendment of Policies
1.2.1 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.
1.2.2 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.
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1.2.3 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 6.5.1).
1.2.4 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.
2.0 PROCEDURES
2.1 Public Complaints
2.1.1 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.
2.1.2 A public complaint is an allegation by a member of the public of a
violation of a District policy, or state or federal statute, of which the individual has been
adversely affected.
2.1.3 The method of resolving complaints shall be as follows:
2.1.4 The individual with a complaint shall first discuss the matter with the
appropriate department manager, with the objective of resolving the matter informally.
2.1.5 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.
2.1.6 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.
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2.1.7 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.
2.2 Budget Preparation
2.2.1 An annual budget proposal shall be prepared by the General
Manager and Chief Financial Officer.
2.2.2 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.
2.2.3 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 June.
2.2.4 The proposed annual budget, as amended by the Board during its
review, shall be adopted no later than its second regular meeting in June.
2.3 Public Records
2.3.1 The California Public Records Act, Government Code Section 7920,
requires that public records in the custody of the District shall be available for public
inspection and copying 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 District.
Public records maintained by the District shall be available for inspection and copying
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 7920 et seq. The District may refuse to make available records that are exempt
from disclosure pursuant to Government Code Section 7922.
2.3.2 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.
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All Proposals submitted in response to a request for proposal (RFP) become the property
of the District and under Government Code Section 7920 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.
2.3.3 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.
2.3.4 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
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, the District will state the reasons therefore in its letter of determination
and the name and title of the person responsible for the denial.
2.3.5 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
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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.
2.3.6 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 ($.10) per page to cover the direct
costs of duplication. Postage fees incurred in mailing such copies shall also be charged
to the requestor.
Copies of maps, or blueprints will be supplied at the actual cost to the District for
reproduction by an outside service including the hourly wage for actual staff time spent
delivering and picking up the copies. Expected costs of reproduction will be collected in
advance of reproduction.
The Public Records Act states that providing records via email is not reimbursable.
However, the District may charge a fee (Government Code 7922.575) to cover the
costs of producing an electronic record if the requestor seeks an electronic record that
is not already available in electronic format and
1. The District is required to produce a copy of the electronic record outside the
regularly scheduled intervals for when that electronic document may be
produced otherwise; or
2. The request would require data compilation, extraction, or programming to
produce the record.
2.3.7 Records prepared and filed in accordance with the Political Reform
Act (conflict of interest code, statements of economic interest, campaign statements)
are public records subject to inspection and reproduction during the District's regular
business hours, commencing as soon as practicable, but no later than the second
business day following the day the request for inspection was received. Copies shall be
provided at a charge of ten cents ($.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.
2.3.8 A copy of this policy shall be made available free of charge to any
person requesting such copy.
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2.4 Records Retention
2.4.1 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, and the California Water Code.
3.0 BOARD OF DIRECTORS
3.1 Unit of Authority
3.1.1 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.
3.1.2 The Board shall act as a committee of the whole in final
consideration of all matters.
3.1.3 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.
3.1.4 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 District.
3.1.5 The Board retains authority to:
(1) Set the number of authorized employees' positions and
compensation for all employees;
(2) Expand or reduce the overall budget; and
(3) Accept and convey, on behalf of the District, real property or
real property rights.
3.2 Election of Directors and Orientation
3.2.1 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.
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3.2.2 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.
3.2.3 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.
3.2.4 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.
3.2.5 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.
3.2.6 The spouse of an employee is eligible to run for a seat on the Board.
If elected, that Board member must abstain from voting on items that would financially
impact the Board member's spouse.
3.2.7 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.
3.2.8 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.
3.2.9 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.
3.2.10 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.
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3.2.11 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 majority vote.
3.2.12 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.)
3.2.13 District Elections will take place "after the first Monday in November
of even numbered years".
3.2.14 Newly elected Board members take office on the first Friday of
December in the year they are elected in accordance with Section 1304 of the Elections
Code
3.2.15 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.
3.2.16 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.
3.2.17 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
business processes will be offered if the Director desires to attend special District training
by outside associations.
3.3 Appointment of Directors
3.3.1 The Board of Directors may experience a vacancy of one or more
Board member incumbents for the 13 reasons listed in Government Code Section 1770-
1770.2., (also listed in Policy No. 3.4.4). 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.
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3.3.2 The Board of Directors shall be informed immediately of the
resignation or death of a member of the Board of Directors.
3.3.3 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.
3.3.4 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.
3.3.5 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.
3.3.6 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.
3.3.7 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.
3.3.8 Whenever a vacancy occurs in the office of Vice President, the
Board shall elect one of its members to serve the unexpired term.
3.3.9 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.
3.3.10 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 posted in three or more conspicuous places in the District at least 15 days prior
to making an appointment.
3.3.11 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.
3.3.12 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.
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3.3.13 The procedure to appoint will be as follows:
(1) All applications received by the deadline stated in the Notice
shall be considered.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
3.3.14 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.
3.3.15 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.
3.3.16 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.
3.3.17 If an election is to be held, it is required to be held on the next
available election date, provided in Chapter I, (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
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3.3.18 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.
3.4 Attendance at Meetings
3.4.1 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.
3.4.2 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.
3.4.3 Board members are requested to notify the Clerk of the Board of any
expected absences at least 3 days prior to departure when possible.
3.4.4 A vacancy shall occur if any Board 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 13 circumstances which
would create a vacancy. They are:
(1) The death of the incumbent;
(2) 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;
(3) His or her resignation;
(4) His or her removal from office;
(5) 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;
(6) His or her absence from the state without the permission required
by law beyond the period allowed by the law;
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(7) 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;
(8) 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, Atrial court judgment= means a judgment by the trial court either sentencing
the officer or otherwise upholding and implementing the plea, verdict, or finding;
(9) His or her refusal or neglect to file his or her required oath or bond
within the time prescribed;
(10) The decision of a competent tribunal declaring void his or her
election or appointment;
(1 1) 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;
(12) 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.
(13) The incumbent is listed in the Excluded Parties List system and
all subparagraphs of this circumstance applies. (Govt. Code 1770(m)(1) and (2).
3.5 Compensation
3.5.1 Members of the Board of Directors shall receive compensation in
accordance with Section 16002 of the Public Utility District Act.
3.5.2 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.
3.5.3 An appointed Board member shall be treated as a Management
employee (as described in Section 3.5.2, above) immediately upon being appointed to
fill the vacancy.
3.5.4 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.
3.5.5 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
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member is no longer an elected or appointed elected official of the District, unless
COBRA continuation coverage is elected.
3.6 Board President and Vice President
3.6.1 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.
3.6.2 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.
3.6.3 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.
3.6.4 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.
3.6.5 The President shall have all the same rights of any member of the
Board, including the right to move, second, discuss, and vote on any and all questions
before the Board.
3.6.6 The President has the power to call Special Meetings and
Emergency Meetings of the Board.
3.7 Members of the Board
3.7.1 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.
3.7.2 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.
3.7.3 Directors shall at all times conduct themselves with courtesy to each
other, to staff, and to members of the public present at Board meetings.
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3.7.4 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.
3.7.5 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).
3.7.6 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 (Policy No. 6.3.1). 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:
(1) Board majority decides if there is an "emergency situation.
(2) 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.
(3) Item appeared on Agenda of, and was continued from, a meeting
held not more than five days earlier.
3.7.7 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.
3.7.8 Requests by individual Directors for substantive information and/or
research from District staff will be channeled through the General Manager.
3.7.9 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 section 4.1.18).
3.7.10 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.
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3.7.11 A Board Director may not serve as an employee of the District
without first resigning as a Board Director.
3.7.12 Section 4.1.3 pertains to a Director's eligibility for appointment as
General Manager.
3.8 Board CommiHees
3.8.1 The Board shall recognize two types of committees which are
appointed by the Board President:
(1) Two -member standing committee; and,
(2)Two-member ad -hoc committee
3.8.2 Any disputed, unsubstantiated, incomplete or late expense reports
will be submitted to the Executive Committee for resolution.
3.8.3 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.
3.8.4 Standing and ad hoc committees are responsible for reporting their
findings and making recommendation to the Board of Directors.
3.8.5 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.
3.8.6 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.
3.8.7 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.
3.8.8 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.
3.8.9 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
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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.
3.9 Memberships and Associations
3.9.1 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.
3.9.2 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.
3.9.3 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.
3.10 Training, Education, Meetings and Conferences
3.10.1 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.
3.10.2 Junkets (a tour or journey for pleasure at public expense, including
social, recreational, and entertainment events), however, will not be permitted.
3.10.3 All requests shall be approved by the Board of Directors prior to
incurring any reimbursable costs and are subject to the current approved budget.
3.10.4 Upon request, District administrative staff shall be responsible for
making arrangements for per diem, travel, lodging and registration for Directors
attending approved functions.
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3.10.5 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.
3.10.6 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.
3.10.7 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 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.
3.10.8 All 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.
3.10.9 Staff members designated by the Board include all staff who are
designated filers of the Conflict of Interest Form 700.
3.10.10 All ethics training shall be provided by entities who have
consulted with the California Attorney General and the Fair Political Practices
Commission.
3.10.11 Directors and designated staff shall obtain proof of participation
after completing the ethics training.
3.10.12 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.
3.10.13 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.
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3.10.14 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.
3.10.15 Within the first six months of taking office, and every two years
thereafter, Board members shall receive at least 2 hours of sexual harassment
prevention training and education in accordance with Government Code Section
53237.1.
3.10.16 Sexual harassment prevention training shall include information
and practical guidance regarding the federal and state statutory provisions concerning
the prohibition against, and the prevention and correction of, sexual harassment and
the remedies available to victims of sexual harassment in employment. Courses may be
taken at home, in person, or online.
3.10.17 Proof of participation shall be provided to each Board member
by the provider of the training course. District staff shall maintain records indicating the
date the training was completed and the name of the entity that provided the training.
These records shall be maintained for at least five years after the training is received
and are public records subject to disclosure under the California Public Records
Act.3.11 Expenses, Reimbursement and Vehicle Use
3.11.1 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.
3.11.2 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.
3.11.3 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.
3.11.4 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.
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3.11.5 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.
3.11.6 Definitions:
(1) "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.
(2) "Overnight travel" shall mean travel which prevents Directors
from spending their usual sleeping hours at their residences.
(3) "Business meal" shall be one in which Directors provide
themselves and non -employees meals and beverages (except
alcoholic beverages), ordinarily associated with normal eating
customs under circumstances which are generally considered to
be conducive to furthering the business of the District and where
the subject matter of the discussion is of importance to the
District.
(4) "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 3.11.2.
3.11.7 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.
3.11.8 Authorized Expense. It is the policy of the 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
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seminars designed to improve officials' skills and information levels; (3) Participating in
regional, state and national organizations whose activities affect the District's interests.
3.11.9 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 Section 3.11.
3.11.10 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
3.11.6(4), above.
3.11.11 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 business of the District and the ordinary personal comfort of the traveler. Expenses
incurred by any family members accompanying the Director are not reimbursable.
3.11.12 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.
3.11.13 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, 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
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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.
3.11.14 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.
3.11.15 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
provide Directors a consistent method to determine reimbursement amounts the
following procedures will be applied.
(1) Air travel I reimbursement amount will be documented by the Director via the travel
site Expedia.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 Expedia 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 Expedia 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 airport
shuttleto 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.
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3.11.16 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.
3.11.17 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.
3.11.18 Use of a District credit card - District credit cards are to be used by
Directors while acting in an official capacity for the District. Each Director will receive a
copy of the District's credit 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.
3.11.19 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.
4.0 PERSONNEL
4.1 General Manager
4.1.1 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 District under the direction and control
of the Board of Directors except as otherwise provided in this section. 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
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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:
4.1.2 Residence in the 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.
4.1.3 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.
4.1.4 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. Whenever the agreement of employment is in conflict with any District
policy, said agreement of employment shall prevail.
4.1.5 In the case of a temporary absence or disability of the General
Manager, the Chief Financial Officer shall serve as Interim General Manager. In the
absence of the Chief Financial Officer the General Manager may identify another senior
manager to serve as the Interim General Manager. In case of the absence or disability
of the General Manager and the Chief Financial Officer is unable to serve as Interim
General Manager, the Board may designate a qualified District employee to perform the
duties of said General Manager.
4.1.6 It shall be the duty of the General Manager to enforce all the
ordinances, resolutions, codes and rules of the District and to see that all memorandums
of understanding, contracts, permits, and privileges granted by the District are fully
observed.
4.1.7 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.
4.1.8 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.
4.1.9 It shall be the duty and responsibility of the General Manager to
recommend employment levels to the Board. It shall be the duty of the General Manager
to determine the organizational structure, distribution and classification of employees,
places of employment, job titles and job descriptions, and duties of all employees from
both the Union and Management Units. The General Manager shall keep the Board and
relevant Committees informed in regards to significant changes. The General Manager
shall comply with all labor laws.
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4.1.10 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.
4.1.11 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.
4.1.12 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.
4.1.13 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.
4.1.14 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.
4.1.15 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.
4.1.16 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 emergency pursuant to applicable sections of the Government Code
and Public Contract Code.
4.1.17 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.
4.1.18 The Board of Directors and its members shall be responsible for 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.
4.1.19 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
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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.
4.1.20 The removal of the General Manager shall be in accordance with
current Agreement for Professional Services.
4.2 Clerk of the Board
4.2.1 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 - 54963 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.
4.2.2 The Board may appoint an Assistant Clerk of the Board to perform
the duties of the Clerk of the Board in the absence of the Clerk.
4.2.3 The Clerk of the Board and the Assistant Clerk of the Board, shall
receive compensation in accordance with the current memorandum of understanding
and/or employment agreement.
4.3 Legal Counsel, Chief Financial Officer and Auditor
4.3.1 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.
4.3.2 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
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concurrence by the Board except as such requests relate to questions regarding that
member's participation.
4.3.3 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.
4.3.4 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.
5.0 BOARD CODES
5.1 Code of Ethics
5.1.1 The Board of Directors of the 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.
5.1.2 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.)
5.1.3 Every two years, all Directors are required to receive two hours of
training in ethics principles and ethics laws in accordance with Board Policy 3.10.8, and
Government Code Sections 53234 through 53235.2.
5.1.4 The needs of all District constituents should be the priority of the
Board of Directors.
5.1.5 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.
5.1.6 Within the first six months of taking office, and every two years
thereafter, Board members shall receive at least 2 hours of sexual harassment prevention
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training and education in accordance with Board Policy 3.10.15 and Government Code
Section 53237.1.
5.1.7 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.
5.1.8 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.
5.1.9 Directors should practice the following procedures:
(1) 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.
(2) In handling complaints from residents and property owners of the
District, said complaints should be referred directly to the General
Manager.
(3) 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.
(4) 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.
(5) When approached by District personnel concerning specific
District policy, Directors should direct inquiries to the General
Manager. The chain of command should be followed.
(6) When responding to constituent requests and concerns,
Directors shall respond to individuals in a positive manner and
route their questions through the General Manager.
(7) In presenting items for discussion at Board meetings, see Section
3.7.6.
(8) Directors shall develop a working relationship with the General
Manager wherein current issues, concerns, and District projects
can be discussed comfortably and openly.
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(9) 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.
5.1.10 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.
5.1.11 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.
5.1.12 In addition to any other penalty or remedy as provided by law,
violations of Sections 5.1.10 and/or 5.1.11 may be used as a basis for disciplinary action
or censure of a Board member by the Board in accordance to Code of Conduct Section
5.2. 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
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.
5.1.12 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.)
5.2 Code of Conduct
5.2.1 The 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.
5.2.2 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.
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5.2.3 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.
5.2.4 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.
5.2.5 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.
5.2.6 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).
5.2.7 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 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.
5.2.8 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.
5.2.9 Censure is the most severe form of action. 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
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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.
5.2.10 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.
5.2.11 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 5.2.12 -
5.2.17 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.
5.2.12 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.
5.2.13 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.
5.2.14 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.
5.2.15 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.
5.2.16 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:
(1) Fact finding as to the complaint should be conducted.
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(2) Informal Resolution of the complaint should occur.
(3) An independent investigation of the complaint should occur.
5.2.17 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;
(1) 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;
(2) 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
(3) 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.
5.2.18 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.
5.2.19 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.
5.2.20 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.
5.2.21 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.
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5.2.22 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 5.2.23,
5.2.27 and 5.2.31, below, and the matter shall thereafter be considered by the Board at
its next public meeting subject to the restriction of Section 5.2.38 below.
5.2.23 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.
5.2.24 The Committee shall review the request and submit it to the Board
with a recommendation. The Committee's recommendation shall provide:
(1) Admonition is warranted;
(2) Admonition is not warranted;
(3) Further investigation is warranted; or
(4) No future action is required
5.2.25 The Committee shall make a recommendation based on the
Committee's review of the written record.
5.2.26 The Committee's recommendation shall be subject to a majority
vote of the Board. (No action can be taken without three votes).
5.2.27 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.
5.2.28 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.
(1) Further investigation of the request for Sanction is required;
(2) Admonition, rather than Sanction is warranted;
(3) Sanction is warranted, or
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(4) No further action is warranted;
5.2.29 The Committee shall make a recommendation based on the
Committee's review of the written record.
5.2.30 The Committee's recommendation shall be subject to a majority
vote of the Board. (No action can be taken without three votes.)
5.2.31 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.
5.2.32 The Committee shall review the request and submit the request to
the Board with a recommendation. The Committee's recommendation shall provide:
(1) Further investigation of the request for censure is required; or
(2) Admonition or sanction is warranted; or
(3) The request for censure should be set for a separate Board public
hearing; or
(4) No further action is required
5.2.33 A recommendation of the Committee shall be based on the
Committee's review of the written record.
5.2.34 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.
5.2.35 The Committee may be assisted by a separate independent
investigator.
5.2.36 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.
5.2.37 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.
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5.2.38 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
5.2.39 In the event that the investigation determines this Board Policy
Manual or other 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 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.
5.2.40 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.)
5.3 Conflict of Interest Code
5.3.1 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. § 18730) 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.
Due to the District's multi -county status, the FPPC shall be the Code reviewing Body. The
District's Clerk of the Board 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.
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5.3.2 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.
5.3.3 Form 700 shall be kept on file at the District for seven years.
5.3.4 A Board member will not have a financial interest in a contract with
the District, or be a 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
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.
5.3.5 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: The 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.
5.3.6 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.
5.3.7 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
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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).
5.3.8 Unless such a conflict exists, Directors shall not abstain from the
Board's decision making responsibilities.
5.3.9 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.
5.3.10 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.
6.0 BOARD MEETINGS
6.1 Brown Act
6.1.1 The Ralph M. Brown Act is the portion of the Government Code,
Sections §54950 through §54963, 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.
6.1.2 The Clerk of the Board shall be responsible for maintaining the
current Government Code for the District.
6.1.3 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.
6.2 Board Meetings
6.2.1 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.
6.2.2 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.
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6.2.3 A Regular Board Meeting Agenda email list shall be revised each
calendar year by sending all parties who have requested to receive the Agendas a
confirmation of their continued interest in receiving the Regular Board Meeting Agendas.
If a paper copy is requested to be mailed, a small fee shall be levied upon the recipients
of the Agenda to cover the costs of reproduction and postage.
6.2.4 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 e-
mailed agendas, 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.
6.2.5 All Regular Board meeting Agendas must give members of the
public the opportunity to speak before or during consideration of a Board action item.
6.2.6 The Clerk of the Board (or designee) shall attend and keep Minutes
of all Regular meetings of the Board in accordance with Section 6.7.
6.2.7 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).
6.2.8 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.
6.2.9 An Agenda shall be prepared and delivered with the notice of the
special meeting to those specified in Section 6.2.8 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 administration building (which is accessible to the public 24 hours per day), at
least 24 hours prior to the time of the Special Meeting.
6.2.10 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 Agendas
must give members of the public the opportunity to speak before or during consideration
of a Board action item.
6.2.11 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 6.7.
6.2.12 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
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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.
6.2.13 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 6.7.
6.2.14 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 (Govt. Code 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.
6.2.15 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
6.2.16 Closed Sessions may not be held during an Emergency meeting.
6.2.17 The Clerk of the Board shall attend and keep minutes of all
emergency meetings of the Board in accordance with Board Policy Section 6.7. Absence
of the Clerk of the Board shall not preclude the meeting from taking place.
6.2.18 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.
6.2.19 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.
Govt. Code Section 54954.6 lists certain exclusions to "new or increased assessments".
6.2.20 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)
6.2.21 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)
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6.2.22 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)
6.2.23 The meeting place requirements are the same as those shown for
regular and special meetings.
6.2.24 Public Hearings may be held prior to Board Action on any subject if
the Board of Directors deems it beneficial to receive public comments.
6.2.25 Closed sessions of the Board of Directors shall be held in accordance
with the Brown Act (Government Code 54950 through 54963).
6.2.26 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.
6.2.27 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.
6.2.28 The time, place, and date for a workshop meeting shall be at the
discretion of a majority of the Board of Directors.
6.2.29 The workshop meeting shall be publicly noticed.
6.3 Board Meeting Agenda
6.3.1 The General Manager shall cause an Agenda to be prepared for all
meetings listed in 6.2. Any Director may request, through the General Manager, that an
item be placed on the Agenda in accordance with Section 3.7.6. 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.
6.3.2 An Agenda Review Committee, consisting of the Board President,
General Manager, Assistant General Manager, Clerk of the Board, Chief Financial Officer
and legal counsel shall be invited to review and approve the Agenda prior to its
publication.
6.3.3 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:
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(1) The Agenda Review Committee shall judge whether or not the
public request is a "matter directly related to District business."
(2) 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 Section 6.3.1. 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.
(3) No matter which is legally a proper subject for consideration by
the Board in Closed Session will be accepted under this policy.
(4) 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.
(5) 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.
(6) 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.
6.3.4 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.
6.3.5 Each Regular Board meeting Agenda shall include a "Public
Comments " section to allow an opportunity for public participation. The Board may not
take action on matters discussed during this portion of the meeting.
6.3.6 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.
6.3.7 Board Agenda posting requirements are referenced in section 6.2.
6.4 Board Meeting Conduct
6.4.1 Meetings of the Board of Directors shall be conducted by the Board
President in a manner consistent with the policies of the District.
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6.4.2 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.
6.4.3 All Board meetings shall commence at the time stated on the
Agenda and shall be guided by same.
Directors to:
6.4.4 The conduct of meetings shall, to the fullest possible extent, enable
(1) Consider problems to be solved, weigh evidence related
thereto, and make decisions intended to solve the problems; and
(2) Receive, consider and take any needed action with respect to
reports of accomplishment of District operations.
6.4.5 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:
(1) 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;
(2) 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,
(3) 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.
6.4.6 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 public present.
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6.4.7 In such an event, only matters appearing on the Agenda may be
considered in such a session.
6.4.8 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.
6.4.9 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.
6.5 Board Actions and Decisions
following:
6.5.1 Actions by the Board of Directors include, but are not limited to the
(1) Adoption or rejection of ordinances, regulations or policies;
(2) Adoption or rejection of a resolution;
(3) Adoption, approval, or rejection of any contract or expenditure;
(4) Approval or rejection of any proposal which commits District
funds or facilities, including employment and dismissal of
personnel; and,
(5) Approval or disapproval of matters which require or may require
the District or its employees to take action and/or provide
services.
6.5.2 Any Director desiring to speak should address the President and,
upon recognition by the President, may address the subject under discussion.
6.5.3 Any Director, including the President, may make or second a
motion. A motion shall be brought and considered as follows:
6.5.4 A Director makes a motion; another Director seconds the motion;
and the President states the motion.
6.5.5 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.
6.5.6 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.
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6.5.7 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.
6.5.8 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.
6.5.9 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.
6.5.10 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.
6.5.11 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.
6.5.12 As provided above, any Director may move to close debate and
immediately vote on a main motion.
6.5.13 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).
6.5.14 A member abstaining due to a conflict of interest does not count
towards a quorum.
6.5.15 The following examples of voting are provided for guidance:
(1) 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.
(2) 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.
(3) 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.
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6.5.16 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.
6.5.17 A formal motion may be made to place a disputed directive on a
future Agenda for Board consideration, or to take some other action (such as refer the
matter to the General Manager for review and recommendation, etc.)
6.5.18 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.
6.6 Review of Administrative Decisions
6.6.1 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.
6.6.2 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.
6.6.3 The purpose of this policy is to ensure efficient administration of the
District, and the expeditious review of decisions rendered by the Board of Directors.
6.6.4 If members of the public feel there has been a violation of the
Brown Act, the parties (including the District Attorney) have 90 days in which to make
written demand upon the Board to cure or correct the alleged violation.
6.6.5 If the Board action took place in open session, interested parties
have 30 days to make their demand (Government Code Section 54960.1).
6.7 Minutes of Board Meetings
6.7.1 The Clerk of the Board (or designee) shall attend and keep minutes
of all regular, special, adjourned, and emergency meetings of the Board.
Agenda.
6.7.2 Copies of minutes shall be made for approval by Directors in a future
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6.7.3 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.
6.7.4 All resolutions and ordinances adopted by the Board shall be
numbered consecutively.
6.7.5 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):
(1) Time, date, place, and type of each meeting;
(2) 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;
(3) 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;
(4) Description of consent calendar Items and the Board vote;
(5) 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;
(6) Items to be considered during closed session and the
appropriate Government Code reference;
(7) Brief summary of Board member and staff report Items;
(8) Record of Board vote (if any) on items considered during closed
session;
(9) Time of adjournment
(10) Signature of Board President, attested by the Board Clerk.
6.7.6 An audio and/or video 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 recordings shall be kept
by the Clerk of the Board.
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6.7.7 Any member of the public is allowed to record the proceedings at
an open and public meeting provided that the recording does not constitute a persistent
disruption of the proceedings.
6.7.8 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.
6.7.9 Any recording 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
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.
6.8 Audio and Video Recordings of Board Meetings
6.8.1 Members of the public can make an appointment with the Clerk of
the Board to listen to or view recordings during regular business hours (8:00 A.M. - 5:00
P.M.), Monday through Friday, relative to staff time and District priorities. An electronic
device and a location to listen to or view a recording will be made available by the
District without charge to the persons) requesting access to the recordings.
6.8.2 Members of the public may request copies of available meeting
recordings. The fee for reproduction shall be paid in advance, based on an estimate of
the hourly wage of the person reproducing the recording plus a charge for the
actualcost of any digital materials such as a thumb drive or disc. Postage fees incurred
in mailing such copies shall also be charged to the requestor.
7.0 SOCIAL MEDIA POLICY
7.1 Purpose
7.1.1 The purpose of this Social Media Policy is to (1) establish parameters
on the creation and use of the District sponsored social media sites, (2) provide
guidance to employees and Board members 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.
7.1.2 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.
7.2 Personal Use of Social Media
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7.2.1 Many District employees and Board members 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.
7.2.3 District employees are prohibited from the personal use of social
media during work time or using District electronic resources. Further, District employees
are prohibited 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
7.2.4 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.
7.2.5 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:
(1) State your name and, if relevant, role when discussing District
business;
(2) 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"; and,
(3) Avoid commenting on the District's social media sites.
7.3 District use of Social Media
7.3.1 The District welcomes employees to submit proposed content for
the District's website or social media sites to the General Manager, or to staff
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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 this Section 7, can be grounds for disciplinary action up to and including termination.
7.3.2 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) .
7.3.3 District social media sites shall not be used for any of the following:
(1) For endorsing political candidates;
(2) For conducting private commercial transactions or engaging in
private business activities;
(3) For endorsing or recommending any private business; and,
(4) For posting of personal commentary on District policy
7.3.4 Additionally, the following types of communications are prohibited:
(1) Profanity, obscenity, or racist or sexist content or comments, as
well as content likely to discredit the reputation or professional
integrity of the District;
(2) Copyright violations; and,
(3) Confidential or other non-public information.
7.3.5 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
7.3.6 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:
(1) Thoroughly read information/stories in links before sharing;
(2) Clearly identify the source; and ,
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(3) Ensure content being shared promotes or highlights the District
in a positive manner.
7.3.7 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.
7.3.8 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:
(1) Other regional governments or quasi -governmental agencies
relevant to the District;
(2) Topically appropriate and recognized local, regional, state of
national organizations (such as Association of California Water
Agencies);
(3) Event or program pages of District co -sponsored events or
programs; and,
(4) Relevant media outlets (local, regional, state, or trade).
7.3.9 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)
7.3.10 All comments or posts made to District account walls or pages are
public, not private. In the spirit of transparency at the District:
(1) 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; and,
(2) Account administrators who receive messages through the
private message service offered by the social media site should
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encourage users to contact them at a public e-mail address
maintained by the District.
7.4 External Use Social Media
7.4.1 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.
7.4.2 The purpose of comment -enabled social media sites is to facilitate
a polite and constructive dialogue between 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:
(1) Is off -subject or out of context;
(2) Contains obscenity or racist, sexist, or derogatory content or
personal attacks;
(3) Contains personal identifying information or sensitive personal
information;
(4) Contains offensive terms that target protected classes;
(5) Is threatening, harassing or discriminatory;
(6) Incites or promotes violence or illegal activities;
(7) Contains information that reasonably could compromise
individual or public safety;
(8) Advertises or promotes a commercial product or service, or any
entity or individual; or,
(9) Promotes or endorses political campaigns or candidates.
7.4.3 The 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.
7.4.4 The 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,
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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.
If a user does not agree to these terms, the individual should not use the District's
sponsored social media pages as a violation of these terms may lead to legal liability.
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