Loading...
HomeMy WebLinkAbout2024-03-14 - Resolution No. 2024-05RESOLUTION NO. 2024-05 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT AMENDING SECTIONS 4.2(A)(3) AND 4.2(1) OF THE BOARD OF DIRECTORS POLICIES AND PROCEDURES MANUAL WHEREAS, the Board of Directors of the Yorba Linda Water District routinely reviews and makes revisions to their Policies and Procedures Manual (Manual); and WHEREAS, the Board of Directors desires to further amend this Manual to incorporate and clarify certain topics. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: SECTION 1. That Sections 4.2.(A) (3), 4.2(G), 4.2(I), and 4.2(J) of the Board of Directors Policies and Procedures Manual be amended effective immediately to read as follows: 4.2(A) (3) Board members shall neither harass nor discriminate against any individual on the basis of their protected classification(s), the perception of any individual's protected classification(s), or because the individual associates with a person who has or is perceived to have a protected classification(s). The term "protected classification" includes race (including but not limited to, hair texture and protective styles), religion or religious creed, color, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth, breastfeeding, or related medical conditions), sexual orientation (including heterosexuality, homosexuality, and bisexuality), national origin, ancestry, citizenship status, marital status, age (40 or over), medical condition, genetic characteristics or information, military or veteran status, physical or mental disability (whether perceived or actual), reproductive health decision -making, and any other basis protected by law. No Board member shall grant any unfair or inappropriate consideration, treatment, or advantage to any individual or group beyond that which is available to others or groups with the same circumstances. No Board member shall retaliate against any individual because the individual engaged in protected activity. The term "protected activity" includes, but is not limited to (a) making a request for accommodation for a disability; (b) making a request for accommodation for religious beliefs; (c) making a complaint against a Board member; (d), opposing violations of this manual; or (e) participating in- any investigation or procedures undertaken pursuant to this manual. a. Any Board member who receives a complaint/report regarding harassment, discrimination, or retaliation shall immediately report it to the General Manager and District Counsel. The General Manager and District Resolution No. 2024-05 Amending Board Policies and Procedures Manual Counsel will determine what level of investigation and response is necessary. b. If a Board member is the subject of a complaint, the remainder of the Board, in consultation with District Counsel and the General Manager, will select an outside investigator to investigate the complaint. The investigation shall be fair, thorough and unbiased, and conducted in a way that ensures, to the extent feasible, the privacy of the parties involved. (Title VII of the Civil Rights Act [42 USC 3 2000e et seg.]; Age Discrimination in Employment Act [29 USC � 623 et sea.]; Americans with Disabilities Act [42 USC s 12101 ]; Equal Pay Act [29 USC g 206(d,, Fair Employment and Housing Act [ 12940 et. seg.]; 2 CCR g 11023 et seq_; Equal Employment Opportunity Commission, Checklist For Employers [available at https:iiwww.eeoc.gov/checklists-and-chart-risk-factors- employers]) 4.2(G) Directors are not subject to the District's Conflict of Interest Codes but are subject to the disclosure requirements of the Political Reform Act (GC § 87100 et sea.; GC § 87203). Directors are required to file a Statement of Economic Interests (Form 700) with the County when assuming office, on an annual basis thereafter, and when leaving office. Filing of these forms may be performed using the County's e-file system. 4.2(I) The following procedures shall be followed when any member of the Board reasonably believes that another member of the Board has engaged in alleged misconduct or has failed to act in the best interests of the District. While the Board has discretion in deciding the actions it may choose to take in response to a complaint, this section provides definitions and procedures related to three types of actions: admonition, sanction, and censure. 1. Admonition is the least severe form of action. 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 cause a member to be subject to sanction or censure. An admonition may be issued in response to a particular alleged action or actions, although it will 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 any complaint, and because it is a warning or reminder, will not necessarily require an investigation. Resolution No. 2024-05 Amending Board Policies and Procedures Manual 2 2. Sanction is the next most severe form of action. Sanction shall be directed to an individual member of the Board based on a 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 may be based upon the Board's review and consideration of a complaint. A sanction may be issued by the Board, and because it is not punishment or discipline, will not necessarily require an investigation. 3. Censure is the most severe form of action. Censure is a formal statement of the Board officially reprimanding one of its members. It is a punitive action, which serves as a penalty imposed for misconduct, but it carries no fine or suspension of the rights of the member as an elected official. It can however, include such actions as the disapproval of expense reimbursement requests, de -authorization of attendance at conferences, seminars, and other activities at District expense, removal of the member from Board committee, agency, and intergovernmental meeting assignments, and other such remedies as may be deemed appropriate by the Board. Censure shall only be used for cases in which the Board determines that the misconduct is a serious offense. In order to protect the overriding principle of freedom of speech, the Board shall not impose censure on any of its members for the exercise of his/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 their strong disapprobation of such remarks. Before the imposition of a censure, the Director accused of a violation shall be entitled to written notice of the allegation, the right to provide a written response to the allegation, and an opportunity to respond in writing as to the results of an investigation. 4.2(J) Except as provided herein, all complaints shall be submitted in writing to the General Manager and/or the District's legal counsel for review and determination as to whether there is sufficient basis for further action. Complaints that specifically seek admonition, sanction, or censure as a specific remedy shall be treated as a request for that remedy. Once a complaint has been filed, the General Manager, in conjunction with legal counsel, shall bring the matter before the Board. The Director named in a complaint shall be given an opportunity to respond to the complaint in writing. If the Board determines, in consultation with legal counsel, that an investigation is warranted, the Board shall initiate an investigation by the appropriate investigator, entity, or authority, as determined in the Resolution No. 2024-05 Amending Board Policies and Procedures Manual 3 reasonable discretion of the Board. In the event of such an investigation, a report of the findings of said investigation, along with the accused Director's written response to the report, shall be presented to the board for majority (quorum) action. If there is no merit, the matter shall be disposed of with no further action. When the Board decides, based upon findings and the accused Director's defense, that a violation has occurred, it may choose to impose one of the above listed internal remedies. The Board will provide the subject Director any due process required under the law. Any action taken by the Board to impose a sanction or censure shall be taken by way of written resolution. PASSED AND ADOPTED this 14th day of March 2024 by the following called vote: AYES: Directors Barbre, DesRoches, Hernandez, and Lindsey NOES: None ABSTAIN: None ABSENT: Director Hawkins Trudi DesRoches, President Yorba Linda Water District ATTEST: Bree JoLia ak, Assistant Board Secretary Yorba Water District Reviewed as to form by General Counsel: Andrew B. Ga+(q- en, Esq. Kidman Gagen Law LLP Resolution No. 2024-05 Amending Board Policies and Procedures Manual 4