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HomeMy WebLinkAbout2010-04-08 - Resolution No. 10-05 ' RESOLUTION NO. 10-05 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ADOPTING RULES AND PROCEDURES RELATIVE TO THE CONDUCT OF BOARD MEMBERS AND DISTRICT EMPLOYEES WHEREAS, the mission of the Yorba Linda Water District (District) is to provide reliable, high quality water and sewer services in an environmentally responsible manner at the most economical cost to customers; WHEREAS, the Board of Directors (Board) and the employees of the District are responsible for fulfilling the mission; WHEREAS, Board members, and District employees should be dedicated to the highest standards of integrity and accountability, while earning and maintaining the trust, confidence and support for the public they serve; WHEREAS, the objective in adopting a formal ethics policy is to supplement state law, to provide guidance with ethical issues as they arise and to heighten awareness of ethical behavior This policy is not intended to limit the scope of or abrogate state law ' applicable to the District. To the greatest extent possible, this policy shall be interpreted to avoid conflict with state law; WHEREAS, in compliance with Government Code § 87300, the Board has adopted a Conflict of Interest Code, governing the disclosure of financial interests by certain designated employees of the District. Nothing contained in this Policy is intended to limit or abrogate the requirements of the District's Conflict of Interest Code; WHEREAS, in compliance with Government Code § 53232 et seq (AB 1234 Rules) the Board has adopted rules related to Board member compensation, Board member and staff attendance at conferences, seminars and similar activities, and reimbursement of expenses incurred on District business. Nothing contained in this Policy is intended to limit or abrogate the requirements of the District's AB 1234 Rules; NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: Section 1. Purpose and Scope It is the policy of the District to require the highest standards of ethics from its Board members and employees. The operation of the District requires that decisions and policy be made within the proper channels of governmental structure, that the public ' office not be used for personal gain, and that all individuals associated with the District remain impartial and responsible towards the public. Accordingly, it is the policy of the District that Board members and employees shall maintain the highest standard of Resolution No. 10.05 Adopting Rules and Procedures Relative to the Conduct of Board Members and District Employees 1 personal honesty and fairness in carrying out their duties. This policy sets forth the guidelines for ethical conduct to be followed by the Board of Directors and employees of the District. Section 2. Responsibilities of Public Service Board members and employees are obligated to uphold the Constitution of the United States and the Constitution of the State of California, and to uphold the laws of national, state and local governmental agencies. Board members and District employees shall comply with all applicable laws regulating their conduct, including conflict of interest, financial disclosure and open government laws. It is the responsibility of Board members and District employees to conduct themselves both professionally and personally in a manner above reproach and to avoid the appearance of impropriety Section 3. Fair and Equal Treatment Board members and employees in the performance of their official duties and responsibilities will neither harass nor discriminate against any person on the basis of race, religion, color, creed, age, marital status, national origin, ancestry, gender, sexual orientation, medical condition or disability No Board member or employee shall grant any unfair or inappropriate consideration, treatment, or advantage to any person or group beyond that which is available to others or groups with the same circumstances. Section 4. Use of District Property and Resources Except where specifically authorized by the General Manager in the public interest, no Board member or employee shall knowingly use or permit the use of District-owned vehicles, equipment, telephones, materials or property, nor require a District employee to perform services for personal convenience or profit. Board members and employees shall safeguard the District's property, equipment, moneys, and assets against unauthorized use or removal, as well as from loss due to criminal act or breach of trust. Section 6. Confidential Information Board members and employees will not disclose information that legally qualifies as confidential to unauthorized individuals without approval from the Board. This includes information that (1) has been received during a closed session Board meeting, (2) is protected from disclosure under the attorney/client or other evidentiary privilege, or (3) is not required to be disclosed under the California Public Records Act. A Board member may make a confidential inquiry or complaint to a district attorney or grand jury concerning a perceived violation of law, including disclosing facts to a district attorney or grand jury necessary to establish the alleged illegality of a District action. Prior to disclosing confidential information, however, a Board member will first bring the matter to the attention of either the President of the Board or the full Board. Section 6. Conflict of Interest Board members and District employees shall avoid conflicts, or perceived conflicts of ' interest in connection with District decisions and activities. Resolution No. 10-05 Adopting Rules and Procedures Relative to the Conduct of Board Members and District Employees 2 ' (a) A Board member or employee shall not have a financial interest in a contract with the District, which includes the purchase or sale of goods and services. The Board shall not authorize any District contract if a Board member is financially interested in the contract. (b) A Board member shall not participate in the discussion, deliberation or vote on a matter before the Board, or attempt to influence a decision of the Board, if the Board member has a financial interest, which is prohibited under California law If a Board member believes that he or she may be disqualified from participation in the discussion, deliberations or vote on a particular matter due to a financial interest, the following procedure shall be followed: 1 If a Board member becomes aware of the potential conflict of interest before the Board meeting at which the matter will be discussed or acted on, the Board member will notify the District's General Manager and the District's legal counsel of the potential conflict of interest, so that a determination can be made whether it is a disqualifying conflict of interest; 2. If not possible for the Board member to discuss the potential conflict with the General Manager and legal counsel before the meeting, or if ' the Board member does not become aware of the potential conflict until during the meeting, the Board member will immediately disclose the potential conflict during the Board meeting, so that there can be a determination whether it is a disqualifying conflict of interest; and 3 Upon a determination that there is a disqualifying conflict of interest, the Board member (a) shall not participate in the discussion, deliberation or vote on the matter for which a conflict of interest exists, which will be so noted in the Board minutes, and (b) leave the room until after the discussion, vote and any other disposition of the matter is concluded. (c) A Board member shall not recommend the employment of a relative to the District or to a vendor, contractor or consultant known by the Board member to be bidding or negotiating a contract with the District. Section 7. Post-Employment Relationships For a period of one year after leaving office or employment with the District: (a) Former Board members shall not represent any non-governmental entities before the District for compensation. ' (b) Former employees of the District shall not represent any non-governmental entity before the District, for compensation, with regard to any issue(s) which the Resolution No. 10-05 Adopting Rules and Procedures Relative to the Conduct of Board Members and District Employees 3 employee had decision-making authority during the one year, prior to leaving employment. (c) These restrictions shall not apply to government entities. Section 8. Soliciting Political Contributions Board members and employees are prohibited from soliciting political funds or contributions at District facilities and prohibited from using the District's seal, trademark, logo, branding, stationary or other indicia of the District's identity, in any solicitation for political contributions contrary to State law A Board member will not accept, solicit or direct a political contribution from: (a) District employees, consultants or contractors used by the District in the past 12 months, or (b) Vendors of consultants, sub-consultants, contractors, or sub-contractors who have a financial interest in a contract or other matter while that contract or matter is pending before the District. Section 9. Incompatibility of Offices The appointment or election of a Board member to a public entity, other than the District, may result in action that is contrary or inconsistent with the interests of the ' District and could result in loss of the member's position of the Board. Board members may, with consent of the Board, consult with District legal counsel and the Board may authorize a request for an opinion from the Attorney General of the State of California as to the incompatibility of offices. Section 10. Gifts and Gratuities No Board member or District employee shall receive or agree to receive, directly or indirectly, any compensation, reward, honoraria or gift from any source except for recognition from the District for any action related to the conduct of the District's business. I A Board member or employee will not accept gifts that exceed the limitations specified in California law Any and all gifts, campaign contributions, income and financial information, shall be disclosed as required under the District's Conflict of Interest Code and the provisions of the Political Reform Act of 1974 and applicable regulations adopted by the Fair Political Practices Commission. Section 11. Compliance with the Brown Act Board members and persons elected or appointed, who have not yet assumed office as members of the Board of Directors, will fully comply with the provisions of the State's open meeting law for public agencies (Brown Act) 1 Resolution No. 10.05 Adopting Rules and Procedures Relative to the conduct of Board Members and District Employees 4 ' Section 12. Board Member - General Manager/Employee Relationship Board members will provide policy direction and instructions to the General Manager on matters within the authority of the Board by a majority vote of the Board during a duly convened meeting of the Board and/or Committee meeting. Board members will address matters within the authority of the General Manager through the General Manager, not directly through District employees. In the event the General Manager is unavailable in person or by technological means, Board members, at their discretion, may contact the Assistant General Manager If the General Manager anticipates being unavailable, he/she shall notify the Board in advanced and provide a designee contact, i.e. the Assistant General Manager. Board members shall refrain from making requests directly to District employees to undertake analysis, perform work assignments or change the priority of work assignments. District employees shall notify the General Manager of all requests received by a Board member within 48 hours of a request. Section 13. Improper Activities and Reportina of Such Activities The General Manager has primary responsibility for (1) ensuring compliance with the District's personnel policies and procedures, (2) ensuring that District employees do not engage in improper activities, (3) investigating allegations of improper activities, and (4) taking appropriate corrective and disciplinary actions. The Board ensures that the General Manager is operating the District according to the law and the policies approved by the Board. (a) Board members will disclose to the General Manager, to the extent not expressly prohibited by law, improper activities within their knowledge. Board members will not interfere with the General Manager's responsibilities in identifying, investigating and correcting improper activities, unless the Board determines the General Manager is not properly carrying out these responsibilities. (b) A Board member will not directly or indirectly use or attempt to use the authority or influence of the position to intimidate, threaten, coerce, command or influence any person for the purpose of preventing such person from acting in good faith to bring to the attention of the General Manager or the Board any information that, if true, would constitute a work-related violation by a Board member or District employee of any law or regulation. This includes, but not limited to: (1) misappropriation or waste of District funds, (2) abuse of authority, (3) creating substantial danger to public health or safety by an act or omission of a District official or employee, (4) use of a District office or position or of District resources for personal gain, or (5) a conflict of interest of a District Board member or District employee. Resolution No 10-05 Adopting Rules and Procedures Relative to the conduct of Board Members and District Employees 5 ' Section 14. Training and Education All elected or appointed Board members shall receive ethics training, as soon as practical, but not exceeding one year following election or appointment to the Board. Refresher training shall be conducted for each Board member and District department manager every two years. Section 15. Violation of Ethics Policy A minor infraction of this Policy by a Board member may be addressed by internal remedies imposed by the Board of Directors such as disapproving expense reimbursement requests, de-authorizing attendance at conferences, seminars and other activities at District expense, removal of the member from Board committees, adopting a censure resolution or such other remedies as are deemed appropriate by the Board. Violations of state law by a Board member may be referred to proper authorities for possible investigation, enforcement or prosecution. Violations of this Policy by a District employee may result in appropriate disciplinary action as provided in the District personnel rules up to and including termination. Section 16. Severability If any section, subsection, subdivision, sentence, clause or phrase of this Resolution is for any reason held to be unconstitutional or otherwise invalid, such invalidity shall not affect the validity of the entire Resolution or any of the remaining portions thereof. ' PASSED AND ADOPTED this 25th day of March, 2010, by the following called vote: AYES. Beverage, Collett, Hawkins, Mills and Summerffeld NOES. None ABSTAIN: None ABSENT None William R. Mills, Pre ' ent Yorba Linda Water District ATTEST Ken VecchiareIli, Secretary Yorba Linda Water District Reviewed as to form by General Counsel: ' Arthur G. Kidman, Esq. McCormick, Kidman and Behrens Resolution No 10.05 Adopting Rules and Procedures Relative to the conduct of Board Members and District Employees 6