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HomeMy WebLinkAbout1997-01-09 - Resolution No. 97-011 r1 L RESOLUTION NO. 97-01 WHEREAS, the Yorba Linda Water District was formed pursuant to Division 12 of the Water Code of the State of California; and WHEREAS, Section 30530 of the Water Code provides that "The Board shall establish rules for its proceedings."; and, WHEREAS, such rules for proceedings were formerly established and adopted by Resolution No. 91-04; and, WHEREAS, it is the desire of the Board to amend the Rules. NOW THEREFORE BE IT RESOLVED that the Board of Directors of the Yorba Linda Water District does hereby resolve, determine and order as follows: Section 1. The Board of Directors do hereby adopt "Rules for Organization and Procedure" as attached hereto, and by this reference incorporated herein. Section 2. The "Rules for Organization and Procedure" of the Board of Directors may be changed at any time by Resolution of the Board. Section 3. The "Rules for Organization and Procedure" shall take effect immediately upon adoption by the Board of Directors and that Resolution No. 91-04 is hereby immediately rescinded. RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ADOPTING BOARD OF DIRECTORS RULES FOR ORGANIZATION AND PROCEDURES PASSED AND ADOPTED this 9th day of January, 1997 by the following called vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Armstrong, Fox, Scanlin, Korn, and Beverage None None None Paul R. Armstrong, Presiders Yorba Linda Water District Williarti-l. RWrtson, Secretary Yorba Linda Water District (SEAL) • • Yorba Linda Water District Board of Directors Rules for Organization and Procedures Adopted by Resolution No. 97-01 (Supersedes Resolution No. 91-04) Effective date: January 9, 1997 Section 1. Purpose. It is the policy of the Yorba Linda Water District that all meetings of the Board of Directors of the Yorba Linda Water District shall be open and public, and all persons are invited to attend any Board of Directors meeting of the District. It is the purpose of these Rules for Organization and Procedure to compile in writing the various laws, rules, regulations, procedures applicable to the manner of conduct of meetings of the Board of Directors of the Yorba Linda Water District for the information of the Board of Directors, its staff and consultants, and the general public. Section 2. Board Officers and Other Officers of the District. (a) A President of the Board of Directors and a Vice-President shall be elected annually at the District's reorganization meeting held at the first regular meeting of the Board of Directors in December of every year. The President shall assume the chair of the Presiding Officer immediately after election. (b) The Presiding Officer shall make Committee assignments, subject to consent of the Board of Directors, annually at the District's reorganization meeting, or as may be deemed necessary by the Presiding Officer. (c) In the absence of the President, the Vice-President is the Presiding Officer. In the absence of both the President and Vice-President, the Secretary shall take the chair so that the Directors present may elect a Presiding Officer. Upon arrival of the President or Vice-President at the meeting the chair shall be relinquished at the first opportunity which will not be disruptive to the conduct of business. (d) In the event the President or Vice President becomes incapacitated, or is otherwise unable to act in their official capacity as determined by a majority of the Board of Directors, an interim President or Vice President shall be elected, at the District's next regular meeting of the Board of Directors, to serve until the incapacity is cured or relieved. (e) The Presiding Officer shall conduct the proceedings of the Board of Directors, state each motion under consideration by the Board and announce each decision of the Board. (f) The Presiding Officer shall sign all ordinances, resolutions and contract documents approved and adopted by the Board of Directors during the Presiding Officer's presence. (g) A General Manager shall be appointed by a majority vote of the Board of Directors and serve at the pleasure of the Board of Directors. The General Manager shall perform all duties as prescribed by State law, these Rules for Organization and Procedures, and as may be imposed by the Board of Directors. • • (h) A Secretary and Assistant Secretary shall be appointed by majority vote of the Board of Directors and serve at the pleasure of the Board of Directors. The Secretary, or the Assistant Secretary in the absence of the Secretary, shall attest all ordinances and resolutions approved and adopted by the Board of Directors, countersign all contract documents approved and adopted by the Board of Directors, prepare the official record of proceedings (hereinafter refer- red to as Minutes) of each meeting held by the Board of Directors, and perform all duties as prescribed by State law, these Rules for Organization and Procedures, and as may be imposed by the Board of Directors. (i) An Auditor shall be appointed by majority vote of the Board of Directors and serve at the pleasure of the Board of Directors. The Auditor shall perform all duties as prescribed by State law, these Rules for Organization and Procedures, and as may be imposed by the Board of Directors. (j) A member of the Board of Directors shall not serve as the General Manager, Secretary, Assistant Secretary or Auditor. The same person may be appointed as General Manager and Secretary or Secretary and Auditor. There shall be no additional compensation for serving as Secretary, Assistant Secretary or Auditor if the individual is an employee of the District. Section 3. Regular Meetings of the Board of Directors. All regular meetings shall be held at the time and place so designated by Resolution adopted by the Board of Directors. Section 4. Special Meetings of the Board of Directors. The manner, procedure and agenda requirements for special meetings shall be by Resolution adopted by the Board of Directors. Section 5. Quorum. Three (3) of the five (5) Directors elected or appointed to the Board of Directors shall constitute a quorum for any meeting of the Board of Directors. Section 6. Board Business. (a) Any matter which is to be considered for approval or adoption by the Board of Directors at the meeting must be submitted to the Board of Directors in advance. All reports, communications, ordinances, resolutions, contract documents or other matters to be submitted to the Board of Directors shall be delivered to the General Manager of the District no later than one (1) week prior to the Board of Directors meeting. All ordinances, resolutions and contracts shall be reviewed by legal counsel, and approved as to form and legality prior to submission for consideration by the Board of Directors. (b) The Secretary of the District shall, under the direction of the General Manager, arrange an agenda of such matters according to the Order of Business, including a description of the items to be considered or discussed and, where appropriate, a staff recommendation for each item. (c) A copy of agendas for all meetings of the Board of Directors shall be posted at least 72 hours prior to the meeting on a bulletin board outside the District offices. A complete agenda and supporting materials shall be available for public inspection during business hours at the District offices and the Yorba Linda Public Library. • (d) A copy of agendas for all special meetings of the Board of Directors shall be posted at the District offices at least 24 hours in advance of the special meeting. (e) A copy of the agenda shall be mailed to members of the public so requesting them in writing. Any member of the public requesting a copy of a complete agenda and supporting materials shall be charged for reproduction plus mailing expenses. Exceptions are public agencies, members of the public who request a copy of the agenda without supporting material and individual(s) requesting a copy of the agenda and/or supporting materials relating to a specific matter they are a parry to. (f) Once a matter appears on the posted agenda, it may not be removed, but may be continued, without discussion, at the request of the staff or any Director. (g) The Board of Directors may take action on items not appearing on the posted agenda if it is found that: (1) Upon determination by a majority vote of the Board of Directors that an emergency, work stoppage or crippling disaster exists. (2) A matter arose subsequent to posting the agenda which by a majority vote of the Directors, or all Directors if three Directors are present, needs immediate action by the Board of Directors. (3) When an item was posted on the agenda of, and was continued from, a meeting held not more than five (5) days earlier. Section 7. Order of Business. (a) Upon convening the meeting at the hour set on the date of each meeting, the members of the Board of Directors, the Secretary and General Manager of the District shall take their regular stations in the Board of Directors Meeting Room, and the business of the Board shall be taken up for consideration. The Presiding Officer shall immediately call the Board of Directors to order, and lead in the Pledge of Allegiance to the flag of the United States of America. (b) Before proceeding with the business of the Board of Directors, the Secretary shall call the roll of the Directors. The Secretary shall enter the names of the Directors, Officers, staff members and visitors (if known) present in the Minutes of the meeting. (c) If a quorum is present, the Secretary shall so advise the Presiding Officer. If a quorum is not present the Secretary may adjourn the meeting to a time certain for the purpose of obtaining a quorum. Any such reconvened regular meeting shall not constitute a special meeting. In the event a regular or special meeting of the Board of Directors is adjourned to a time and date certain, the Secretary shall post a notice of adjournment on the bulletin board outside the District offices within 24 hours of such adjournment. (d) The Presiding Officer may, at his own initiative or at the request of any two Directors, take any item of business out of order, either as to the general order of business or as to the specific agenda as the Secretary has published it. (e) The Order of Business taken up for consideration by the Board of Directors is generally organized so that high priority matters are addressed at the beginning of the meeting, and is generally in the following sequence: • • Introductions and Presentations • Public Hearings • Consent Calendar • • Action Calendar • Discussion Calendar • Informational reports and other business • Closed Session • Adjournment (f) The Public Hearings portion of the agenda will be held at the time specified in the legal notice advertising such hearing. In general, the order of procedure for a public hearing is as follows: • Opening of hearing by Presiding Officer • Verification of Notice of Hearing provided by Secretary • Testimony beginning by General Manager, staff and/or consultant • Receipt of communications written by public • Testimony of the public speaking in favor and/or against the issue • Questions to staff and discussion by Board of Directors • General Manager's recommendation to approve, modify, continue, or deny • Continue or close public hearing • Consideration of action by the Board of Directors 1 (g) The Consent Calendar portion of the agenda is for items considered by the Secretary to be routine matters, status reports, or documents covering previous Board of Directors instructions. If a Director has a question or wishes to discuss a Consent Calendar item, they may do so without formally removing the item from the Consent Calendar. If a Director, staff member or the public requests further consideration, has a question or wishes to address a Consent Calendar item, they may request that the item be removed for further discussion. The Presiding Officer should immediately grant such requests. Items removed from the Consent Calendar for discussion shall be acted upon separately. All items on the Consent Calendar need not be discussed, but will be considered for approval by a single motion. Examples of matters appearing on the Consent Calendar may include, but are not limited to: • Minutes of previous Board meetings • Authorization for Directors to leave the State prior to the next meeting • Approval to pay warrants • Routine Environmental Assessments • Approval of routine Terms and Conditions for Water and/or Sewer Service • Approval of routine Applications and Agreements for Water and/or Sewer Service • Approval of Change Orders • Approval of Contracts for projects identified in the Adopted Budget • Final Acceptance of Facilities • Disposition of Liability Claims • Other Routine Administrative matters (h) The Action Calendar portion of the agenda is for items where staff presentations and Board discussion are needed prior to formal Board actions. Items should generally be listed in order of priority and with items of a similar nature grouped together. 0 0 (i) The Discussion Calendar will include matters which cannot reasonably be expected to be concluded by action of the Board of Directors at the meeting, such as technical presentations or drafts of proposed policies, or similar items for which staff is seeking the advice and counsel of the Board of Directors. Where time permits, it is generally in the District's interest to discuss these more complex matters at one meeting and to consider formal action at another meeting. (j) The informational reports and other business portion of the agenda is to present written and/or oral reports by the General Manager, Standing and Special Committee's and from Board members attending intergovernmental meetings; schedule future Committee meetings and schedule assignments on the Board of Directors activity calendar; and allow time for Director comments. (k) The purpose for, and matters discussed during, the Closed Session portion of the agenda shall conform with the open meeting exceptions defined in the Brown Act, California Government Code, Section 54950 et. seq. Section 8. Ordinances, Resolutions, Motions. (a) The Board of Directors shall only act by Ordinance, Resolution or Motion. (b) Ordinances are an authoritative decree or municipal regulation of the District. Ordinances shall relate to no more than one subject, which shall be clearly expressed in its title. No ordinance, or section thereof, shall be amended or repealed unless the new ordinance contains the title of the ordinance or section amended or repealed, and when practicable all ordinances shall be introduced as replacements to existing ordinances or sections thereof Ordinances must be moved and seconded and shall be adopted only by a roll call vote. The Secretary shall record names of Directors voting Aye, No, Abstain, or were Absent on each adopted ordinance. All ordinances shall be signed by the Presiding Officer and attested by the Secretary. (c) Resolutions are a formal expression of opinion, will, or intent of the Board of Directors. Resolutions must be moved and seconded and shall be adopted only by a roll call vote. The Secretary shall record names of Directors voting Aye, No, Abstain, or were Absent on each adopted resolution. All resolutions shall be signed by the Presiding Officer and attested by the Secretary. (d) Motions are a proposal for action, inclination of the mind or will, or a formal proposal made in a deliberative manner by the Board of Directors. Every motion considered by the Board must be moved by a Director, seconded by another Director and is subject to debate. Section 9. Guidelines for Discussion. (a) These guidelines are intended primarily for those situations where discussion of an issue is taken up with considerable enthusiasm by several directors and/or members of the general public and it is necessary to formalize the meeting so that each Director, in due course, may be heard. The Presiding Officer will decide, subject to a question of order by any Director, the degree of enforcement of these guidelines at any time during any meeting. 0 0 (b) The Board of Directors prefers a flexible form of meeting, believing that this enhances the decision process, and therefore does not conduct its meeting with formal "rules of order" or parliamentary procedure. The Presiding Officer has the responsibility to preserve order and decorum at the meeting, and at any time a Director believes order is not being maintained or that procedures are not adequate for the decision process at hand, they should call this fact to the attention of the Presiding Officer. If the ruling of the Presiding Officer is not satisfactory, it may be appealed to the entire Board of Directors. In that event a majority vote of the Board of Directors will govern and conclusively determine the action to be taken. (c) A Director is disqualified from participating in the decision making process if a financial interest might interfere with the performance of duties in an impartial manner free from bias as defined in the District's Conflict of Interest Code. If there is a disqualification the Director should announce they have a conflict of interest. If a Director is unsure of a conflict of interest they may request an opinion from the District's legal counsel. (d) The Presiding Officer may move or second or debate motions from the chair, subject only to such limitations of debate as may be imposed on all Directors, and shall not be deprived of any of the rights and privileges of a Director by reason of their acting as the Presiding Officer. The Presiding Officer may vote on all questions or motions before the Board, their name being called last. (e) Any Director desiring to speak should address the chair, and, upon recognition by the Presiding Officer, should confine themselves to the subject under discussion. Any Director, once recognized should not be interrupted unless it be to call them to order. If they are called to order, they should cease speaking until the question of order is determined, and, if in order, they may proceed. (f) Any Director moving the adoption or approval of a matter may have the privilege of closing the discussion. (g) True motions to reconsider any matter must be made at the same meeting at which the original action was taken, but any Director may make any motion, not in conflict with previous contractual obligations of the District, at any meeting. (h) All motions will be adopted by voice vote. The Secretary shall record in the Minutes any dissenting and abstaining votes, or disqualification from voting due to a conflict of interest. (i) Unless a Director declares a conflict of interest or abstains, silence will be recorded in the Minutes as an affirmative vote. (j) The Secretary will enter into the Minutes, Board actions and a summary of the discussion of the Board of Directors on each matter considered by the Board. 0 0 (k) Any person desiring to speak should address the chair, and, upon recognition by the Presiding Officer, state their name, representation/affiliation and the matter on which they wish to comment. If the matter is on the current agenda, the Presiding Officer will recognize the person for their comment when the item is considered. Comments are limited to matters of public interest and matters within the jurisdiction of the Water District, and normally to no more than five (5) minutes in length unless a time extension is granted by the Presiding Officer. No action will be taken on matters not appearing on the printed agenda. (1) In the event a person, or group, is making personal, impertinent or slanderous remarks, or becomes boisterous while attending the Board of Directors meeting, and refuses to comply with the Presiding Officer's request for order, the Presiding Officer shall declare a recess, and a law enforcement officer shall be called to remove the person(s) from the Board of Directors Meeting Room, unless permission to continue be granted by a majority vote of the Board of Directors. When, in the judgment of the Presiding Officer, order is restored, the meeting will reconvene and continue with the Board's business. Section 10. Standing Committees. (a) The Standing Committees of the Board of Directors are: 1. Executive-Administrative-Organizational. 2. Personnel-Risk Management. 3. Finance-Accounting. 4. Planning-Engineering-Operations. 5. Public Information. (b) Each Standing Committee shall have two Directors and each Director shall be assigned to two Standing Committees. (c) In the event there is a vacancy or absence on a Standing Committee, the President shall assume the vacant position until a permanent appointment is made. (d) Each Standing Committee shall meet on a bimonthly basis at a minimum. Section 11. Special Committees. Any Special Committee shall be appointed by the Presiding Officer, unless otherwise directed by a majority vote of the Board of Directors. Section 12. Adjournment. A motion to adjourn must be moved by a Director, seconded by another Director and is subject to debate. No further business can be conducted after an affirmative vote to adjourn.