HomeMy WebLinkAbout2018-03-27 - Resolution No. 18-06 RESOLUTION NO. 18-06
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
AMENDING THE BOARD OF DIRECTORS POLICIES AND
PROCEDURES AND RESCINDING RESOLUTION NOS. 16-12 and 17-28
WHEREAS, the Yorba Linda Water District was formed pursuant to Division 12 of the
California Water Code; 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. 16-12 and amended by Resolution No. 17-28; and
WHEREAS, it is the desire of the Board of Directors to further amend these rules 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. The Board of Directors Policies and Procedures are hereby adopted as
attached hereto and by this reference incorporated herein.
Section 2. The policies and procedures contained in this manual shall take effect
immediately and that Resolution Nos. 16-12 and 17-28 are hereby
rescinded.
PASSED AND ADOPTED this 27th day of March 2018 by the following called vote:
AYES: Directors Hall, Hawkins, Jones and Miller
NOES: None
ABSTAIN: None
ABSENT: Director Nederhood
Brooke Jones, Vice President
Yorba Linda Water District
ATTEST:
Annie Alexander, Board Secretary
Yorba Linda Water District
Reviewed as to form by General Counsel:
Andrew B. Ga�' Esq.
Kidman Law LLP
Resolution No. 18-06 Amending Board Policies and Procedures and Rescinding Resolution Nos. 16-12 and 17-28 1
YORBA LINDA
WATER DISTRICT
Board of Directors
Policies and Procedures Manual
Adopted March 27, 2018
Resolution No. 18-06
Yorba Linda W ater District Board of Directors' Policies and Procedures Manual 2
TABLE OF CONTENTS
1.0 PURPOSE AND SCOPE ................................................................................................................................... 3
2.0 MISSION, VISION AND CORE VALUES ..................................................................................................... 3
2.1 Mission Statement ......................................................................................................................................... 3
2.2 Vision............................................................................................................................................................. 3
2.3 Core Values .................................................................................................................................................. 3
3.0 BASIS OF AUTHORITY .................................................................................................................................... 4
4.0 DUTIES, RESPONSIBILITIES AND CONDUCT ....................................................................................... 4
4.1 Duties and Responsibilities ........................................................................................................................... 4
4.2 Code of Conduct and Ethics ......................................................................................................................... 7
5.0 COMPOSITION, TERMS AND VACANCY............................................................................................... 12
6.0 OFFICERS .......................................................................................................................................................... 14
6.1 President and Vice President ...................................................................................................................... 14
7.0 APPOINTED STAFF AND OTHERS .......................................................................................................... 15
7.1 General Manager, Secretary, Assistant Secretary and Treasurer .............................................................. 15
7.2 District Legal and Labor Counsel ................................................................................................................ 16
7.3 District Auditor ............................................................................................................................................. 16
7.4 Consultants ................................................................................................................................................. 16
8.0 COMMITTEES ................................................................................................................................................... 17
9.0 DIRECTORS’ COMPENSATION, BENEFITS AND EXPENSE REIMBURSEMENT ................. 17
9.1 Directors’ Compensation ............................................................................................................................. 17
9.2 Benefits ....................................................................................................................................................... 18
9.3 Travel Expense Reimbursement ................................................................................................................. 19
9.4 District Issued Credit Cards ........................................................................................................................ 21
9.5 Communications Expense Reimbursement ................................................................................................ 22
9.6 Disclosure of Expenditures/Reimbursements ............................................................................................. 23
10.0 BOARD MEETINGS, GENERAL ................................................................................................................. 23
10.1 Regular Meetings ........................................................................................................................................ 23
10.2 Special Meetings ......................................................................................................................................... 24
10.3 Emergency Meetings .................................................................................................................................. 24
11.0 BOARD MEETINGS, AGENDAS ................................................................................................................ 24
11.1 Agendas ...................................................................................................................................................... 24
11.2 Order of Business ....................................................................................................................................... 26
12.0 BOARD MEETINGS, MINUTES ................................................................................................................... 30
13.0 BOARD MEETINGS, CONDUCT ................................................................................................................ 30
13.1 Guidelines for Discussion............................................................................................................................ 30
14.0 BOARD ACTIONS AND DECISIONS ........................................................................................................ 31
15.0 EXHIBITS AND APPENDIXES..................................................................................................................... 32
Yorba Linda W ater District Board of Directors' Policies and Procedures Manual 3
PURPOSE AND SCOPE
1.1 The purpose of this manual is to provide a compilation of policies and procedures
approved by the Board to facilitate the proper conduct of District business. Each
Director shall be provided with a copy of this manual, acknowledge receipt in writing
(see Exhibit A), and affirm their intent to comply with the policies and procedures
contained herein. If any portion of this manual is in conflict with federal or state law or
regulations that apply to the District, said legislation or regulations shall prevail.
MISSION, VISION AND CORE VALUES
2.1 Mission Statement
Yorba Linda Water District will provide reliable water and sewer services to protect
public health and the environment with financial integrity and superior customer service.
2.2 Vision
Yorba Linda Water District will accomplish our mission to improve the quality of life for
those we serve by:
A. Embracing Proven Technology
B. Improving Customer Satisfaction
C. Providing Efficient and Responsive Operations
D. Ensuring Reliable Infrastructure
2.3 Core Values
The Yorba Linda Water District Board of Directors and staff are guided in everything we
do by the following core values:
Integrity – We demonstrate integrity every day by practicing the highest ethical
standards and by ensuring that our actions follow our words.
Accountability – We acknowledge that both the Board and staff of the District are
accountable to the public that we serve, as well as to each other.
Responsibility - We take full responsibility for our actions. We maintain a commitment
of courtesy, assessment, and resolution with all customer concerns.
Transparency – We listen to our customers and communicate openly about our policies,
processes, and plans for the future.
Teamwork – We work together by sharing information and resources to achieve
common goals.
Respect – We ensure every voice of the District is treated with dignity and civility;
differences are valued and individual abilities and contributions are recognized.
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BASIS OF AUTHORITY
3.1 The District is a County Water District, organized and existing under the County Water
District Law. The Board is the legislative body, and functions as the District’s
policymaking body. It can only function as a unit. Apart from their role as a part of this
unit, individual Directors have no authority with regard to any aspect of District business.
3.2 As individuals, Directors may not commit the District to any policy, act, or expenditure
without prior Board approval nor give direction to the General Manager, staff, legal
counsel or consultants without prior Board approval (see also Section 4.1 A). Directors
do not represent any fractional segment or region of the community, but are part of a
legislative body that represents and acts for the District as a whole. Since Directors are
elected officials, no Director may delegate his/her authority to act as a Director.
4.0 DUTIES, RESPONSIBILITIES AND CONDUCT
4.1 Duties and Responsibilities
A. The Board’s primary responsibility is the formulation and evaluation of District
policy. The General Manager is responsible for running the District’s business.
Routine matters concerning operational aspects of the District are delegated to
professional staff members by the General Manager. Directors are responsible
for monitoring District progress in attaining its goals and objectives, while
pursuing its mission. The Board establishes goals, objectives, expectations, and
measurement criteria for the General Manager’s performance. Board members
shall provide policy direction and instructions to the General Manager on matters
within the authority of the Board by a majority vote during a duly convened
meeting of the Board.
B. In order to assist in the governance of the behavior between and among
members of the Board, the following practices shall be observed:
1. The dignity, style, values and opinions of each Director shall be respected.
2. Responsiveness and attentive listening in communication is encouraged.
3. The needs of the District’s constituents shall be the priority of the Board of
Directors.
4. Directors shall commit themselves to emphasizing the positive, avoiding
double talk, hidden agendas, gossip, backbiting, and other negative forms
of interaction.
5. Directors shall commit themselves to focusing on issues and not
personalities. The presentation of the opinions of others shall be
encouraged. Cliques and voting blocks based on personalities rather than
issues shall be avoided.
6. 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 takes action, Directors shall commit
Yorba Linda W ater District Board of Directors' Policies and Procedures Manual 5
to supporting said action and not create barriers to the implementation of
said action.
C. In order to maintain effective working relationships and support the chain of
command, the following procedures shall be followed:
1. Board members shall address matters within the authority of the General
Manager through the General Manager, not directly through District
employees, legal counsel, or consultants.
2. Accordingly, individual Directors’ requests for information as necessary to
assist in decision making and policy direction shall always be made to the
General Manager and shall be tracked by general topic for future
reference.
3. Requests for readily available written information, documents, reports,
studies, or analyses shall not require formal Board approval.
4. Requests that require more than four hours of staff or consultant time for
compilation, or if they require less than four hours but are of a recurring
nature, shall be approved by a majority vote of the Board during a duly
convened meeting.
5. Responsive materials to Directors’ requests for information shall be
distributed by the General Manager or his/her designee to all Board
members at the same time.
6. If the General Manger’s response is deemed inadequate, a Director may
contact the Board President or raise the issue directly at a Board meeting,
where the Board shall determine by majority vote whether or not the issue
warrants attention and if so, schedule it for a future meeting.
7. The General Manager or his/her designee’s time spent with Directors or
responding to Directors’ requests shall also be tracked and made
available to the Board for evaluation on a quarterly basis.
8. If the General Manager anticipates being unavailable, he/she shall notify
the Board in advance and provide a designee contact.
9. When the General Manager is unavailable in person or by technological
means, Board members, at their discretion, may contact the General
Manager’s designee.
10. Board members shall refrain from making requests directly to District
employees or legal counsel to undertake analysis, perform work
assignments or change the priority of work assignments. District
employees have been instructed to notify the General Manager of all
requests received from a Board member within 48 hours.
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11. If approached by an employee concerning District policy, Board members
shall direct inquiries to the appropriate staff supervisor or General
Manager.
12. In handling complaints from residents and property owners of the District,
said complaints shall be referred directly to the General Manager.
13. In handling matters related to public safety, concerns shall be reported to
the General Manager or the District office. Emergency situations shall be
dealt with immediately by seeking appropriate assistance.
14. In seeking clarification for policy-related concerns, especially those
involving personnel, legal action, land acquisition and development,
finances and programming, said concerns shall be referred directly to the
General Manager.
D. The work of the District is a team effort. All individuals shall work together in the
collaborative process, assisting each other in conducting the affairs of the
District.
1. When responding to constituent requests and concerns, Directors shall be
courteous, responding to individuals in a positive manner and routing their
questions through appropriate channels.
2. Directors shall develop a working relationship with the General Manager
wherein current issues, concerns and District projects can be discussed
comfortably and openly.
3. Directors shall function as a part of the whole. Issues shall be brought to
the attention of the Board as a whole, rather than to individual members
selectively.
E. Directors shall attend all meetings of the Board, including committee, agency,
and intergovernmental meetings to which they may be assigned, unless there is
good cause for absence, and be properly prepared for participation and
deliberation.
F. Should a Director have a question related to an agenda item when preparing for
a meeting, such questions should be submitted to the General Manager at least
24 hours in advance of the meeting.
G. New Directors shall participate in a minimum of six hours of basic governance
training within one year from the first day of service with the District and every
five years thereafter. Participation in the Governance Foundations course,
offered by the California Special District Association’s Special District Leadership
Academy or Special District Leadership Foundation approved equivalent, shall
satisfy the basic governance training requirement.
H. The Board shall review the policies and procedures contained in this manual on
an annual basis or more often as required.
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I. The Board shall also perform an assessment of the governing body’s
effectiveness and its relationship with staff on an annual basis before October
31st. The Board may utilize the survey included in this manual (see Exhibit B) or
choose another method for accomplishing this task.
4.2 Code of Conduct and Ethics
A. It is the policy of the District to require the highest standards of ethics from its
Board members. 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 shall maintain the highest standard of
personal honesty and fairness in carrying out their duties. The following are
requirements for ethical conduct to be followed by the Board:
1. Board members 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
shall comply with all applicable laws regulating their conduct, including
conflicts of interest, financial disclosure and open government laws. It is
the responsibility of Board members to conduct themselves both
professionally and personally in a manner above reproach and to avoid
the appearance of impropriety.
2. New Directors shall participate in a minimum of two hours of ethics
compliance training and two hours of harassment prevention training as
soon as practical, but not more than six months, from the first day of
service with the District and at least once every two years thereafter. A
Director who serves on more than one local agency board may satisfy this
requirement by obtaining such training once every two years without
regard to the number of boards on which he/she serves. The District shall
provide information regarding available training on an annual basis. All
Directors shall provide a copy of proof of participation in these trainings to
the District. Copies of proofs of participation shall be considered public
documents and shall be retained for a minimum of five years.
3. Board members in the performance of their official duties and
responsibilities shall neither harass nor discriminate against any individual
on the basis of their protected classification(s), the perception of any
individuals 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, religion, color, sex
(including gender, gender identity, gender expression, transgender,
pregnancy, and breastfeeding), sexual orientation (including
heterosexuality, homosexuality and bisexuality), national origin, ancestry,
citizenship status, marital status, age, medical condition, genetic
characteristics or information, military or veteran status, and physical or
mental disability (whether perceived or actual). 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.
Yorba Linda W ater District Board of Directors' Policies and Procedures Manual 8
4. Except where specifically authorized by the General Manager in the public
interest, no Board member 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 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.
5. Board members shall not disclose information that legally qualifies as
confidential to unauthorized individuals without approval from a majority
vote of the Board and consultation with legal counsel. This includes
information that (1) has been received during a Closed Session; (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 shall first
bring the matter to the attention of either the President or the full Board.
6. Board members shall avoid conflicts, or perceived conflicts of interest in
connection with District decisions and activities.
a. A Board member 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/she may be disqualified from participation in the
discussion, deliberations or vote on a particular matter due to a
financial interest, the following procedures shall be followed:
i. If a Board member becomes aware of the potential conflict of
interest before a Board meeting at which the matter will be
discussed or acted on, the Board member shall notify the
General Manager and legal counsel of the potential conflict
of interest so that a determination can be made whether it is
a disqualifying conflict of interest.
ii. If it’s not possible for a 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 shall immediately disclose the
potential conflict during the Board meeting (see Exhibit C),
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so that there can be a determination as to whether it is a
disqualifying conflict of interest.
iii. Upon a determination that there is a disqualifying conflict of
interest, the Board member shall: (1) publicly identify the
interest that gives rise to the conflict or potential conflict in
sufficient detail to be understood by the public; (2) recuse
themselves from participating in the discussion, deliberation
or vote on the matter for which a conflict of interest exists,
which shall be so noted in the Board minutes; and (2) leave
the room until after the discussion, vote and any other
disposition of the matter is concluded. The Director shall not
be counted toward achieving a quorum while the item is
discussed. This process also applies when the disqualifying
conflict of interest is on the Consent Calendar except the
Director is not required to leave the room.
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.
7. To avoid non-compliance with the Ralph M. Brown Act, Directors are
prohibited from sending and receiving electronically produced messages
during meetings.
8. For a period of one year after leaving office, former Board members shall
not represent any non-governmental entities before the District for
compensation. This restriction shall not apply to governmental entities.
B. Board members 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 shall not accept,
solicit or direct a political contribution from:
1. District employees or legal counsel.
2. Consultants or contractors used by the District in the past 12 months.
3. Individuals, entities, vendors, consultants, sub-consultants, contractors, or
sub-contractors which have a personal or financial interest in a contract or
other matter while it is pending before the District and for 6 months after
the District renders a final decision on that contract or other matter.
C. 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 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.
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D. No Board member 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. A
Board member shall 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 provisions of the Political
Reform Act of 1974 and applicable regulations adopted by the Fair Political
Practices Commission.
E. Board members and persons elected or appointed, who have not yet assumed
office as members of the Board, shall fully comply with the provisions of the
Ralph M. Brown Act.
F. 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.
1. Board members shall disclose to the General Manager, to the extent not
expressly prohibited by law, improper activities within their knowledge.
Board members shall 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.
2. A Board member shall 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, will constitute a work-
related violation by a Board member or District employee of any law or
regulation. This includes, but is 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 Board member or
employee.
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. 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 shall be performed using the County’s e-file system.
H. Directors appointed to other agency’s boards (e.g. OCSD or ACWA-JPIA) shall
be required to file Form 700’s in accordance with that respective agency’s
Conflict of Interest Codes.
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
Yorba Linda W ater District Board of Directors' Policies and Procedures Manual 11
misconduct or has failed to act in the best interests of the District. These
procedures shall not be effective in any case in which a non-board member
seeks redress for alleged misconduct by a Board member. 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.
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.
J. 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
Yorba Linda W ater District Board of Directors' Policies and Procedures Manual 12
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 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 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.
Any action taken by the Board to impose a sanction or censure, shall be taken by
way of written resolution.
K. At any point during any of these processes, the Board may refer the matter, as
appropriate, to the Orange County District Attorney or other proper authorities for
possible investigation, enforcement or prosecution. Prior to or following such
referral, the Board may also proceed with any of the actions described in this
section.
COMPOSITION, TERMS AND VACANCY
5.1 The District shall have a Board of five Directors each of whom, whether elected or
appointed, shall be a voter of the District.
5.2 The term of office of each Director, other than Directors appointed to fill an unexpired
term, shall be four years. Terms of office are staggered, with elections held in
November of every even numbered year.
5.3 Elections are held at large, which means that all voters throughout the District have the
opportunity to vote for any person seeking election.
5.4 Before entering upon the duties of his/her office, each Director shall take and subscribe
the official oath and file it with the Secretary. The oath of office may be taken before the
Secretary, any member of the Board, or any officer authorized by law to administer
oaths.
5.5 Each Director elected or appointed shall hold office until his/her successor qualifies.
5.6 If a person elected fails to qualify, the office shall be filled as if there were a vacancy in
the office.
5.7 From time to time a vacancy may occur on the Board for a variety of reasons. An office
becomes vacant on any of the following events before the expiration of a Director’s
term:
A. Death of an incumbent;
B. A court’s declaration that the incumbent is physically or mentally incapacitated;
Yorba Linda W ater District Board of Directors' Policies and Procedures Manual 13
C. Resignation;
D. Removal from office;
E. Ceasing to be an inhabitant of the District;
F. Absence from the state beyond periods allowed by law;
G. Ceasing to discharge the duties of the office for three consecutive months;
H. Conviction of a felony;
I. Refusal or neglect to file required oath of office;
J. Declaration by a competent tribunal that election or appointment is void; or
K. Commitment to a hospital or sanitarium by a court of competent jurisdiction.
5.8 All vacancies occurring in the office of Director shall be filled pursuant to Section 1780
of the Government Code. The District shall notify the county elections official of the
vacancy no later than 15 days after the Board is notified of the vacancy or the effective
date of the vacancy, whichever is later.
A. The remaining members of a five person board may fill a vacancy by
appointment. The appointee shall hold office until the District general election
130 days or more after the effective date of the vacancy. Appointments shall be
made within 60 days after the effective date of the vacancy. Notice of the
vacancy shall be posted in three or more conspicuous places within the District
and published in a newspaper of general circulation at least 15 days prior to an
appointment. The remaining members may call an election to fill the vacancy
within 60 days of the vacancy, in lieu of an appointment, on the next available
election date provided by Chapter 1 of Division 1 of the Election Code that is 130
days or more after the vacancy.
B. If the vacancy is not filled or an election called within 60 days of the vacancy, the
County Board of Supervisors may fill the vacancy within 90 days of the vacancy
or order the District to call an election to fill the vacancy.
C. If neither (A) or (B) has occurred within 90 days, the District shall call an election
to be held on the next available election date provided by Chapter 1 of Division 1
of the Election Code that is 130 days or more after the vacancy occurs.
D. If the remaining Board falls below a quorum, the Board of Supervisors may waive
the 60 day period provided in (A) and appoint immediately, or may call an
election to fill the vacancy under Chapter 1 of the Election Code. The Board of
Supervisors shall only fill enough vacancies to provide a quorum.
E. Appointees shall hold office until the next District general election. Electees shall
hold office for the unexpired balance of the term of office.
Yorba Linda W ater District Board of Directors' Policies and Procedures Manual 14
5.9 If a Director’s place of residence is moved outside District boundaries, and if within 180
days of the move the Director fails to reestablish a place of residence within the District,
it shall be presumed that a permanent change of residence has occurred and that a
vacancy exists on the Board.
OFFICERS
6.1 President and Vice President
A. A President and Vice President of the Board shall be elected annually at the
District’s reorganization meeting held at the first regular meeting of the Board in
December of each year. The President shall assume the chair of the Presiding
Officer immediately after election.
B. The President shall make committee, agency, and intergovernmental meeting
assignments, subject to consent of the Board, annually by the first meeting of the
Board of Directors to be held in January of the subsequent year.
C. If the President is absent from a meeting of the Board, the Vice President shall
serve as the Presiding Officer. If both the President and Vice President are
absent, the Secretary shall take the chair so that the Directors present may elect
a Presiding Officer. Upon late arrival of the President or Vice President at the
meeting, the chair shall be relinquished at the first opportunity not disruptive to
the conduct of business.
D. In the event the President becomes incapacitated or is otherwise unable to act in
his/her official capacity, as determined by a majority vote of the Board, the Vice
President shall serve until the incapacity is cured or relieved. In the event the
Vice President becomes incapacitated or is otherwise unable to act in his/her
official capacity, as determined by a majority vote of the Board, an interim Vice
President shall be elected at the District’s next regular meeting of the Board to
serve until the incapacity is cured or relieved.
E. The Presiding Officer, established pursuant to these policies, shall conduct the
proceedings of the Board.
F. The Presiding Officer shall sign all ordinances, resolutions and contract
documents approved and adopted by the Board.
G. The President and Vice President of the Board shall serve as the President and
Vice President of the Public Financing Corporation and Chair and Vice Chair of
the Financing Authority. The Officers of the Corporation and the Authority shall
be affirmed annually at the District’s reorganization meeting held at the first
regular meeting of the Board in December of each year or as necessary.
H. Individuals serving as President or Vice President of the Board and the
Corporation, and Chair and Vice Chair of the Authority, may be removed from
office by a majority vote of the Board.
Yorba Linda W ater District Board of Directors' Policies and Procedures Manual 15
APPOINTED STAFF AND OTHERS
Appointed Staff, as defined in this section, shall mean the General Manager, Board Secretary,
Assistant Board Secretary and Treasurer, who are appointed by the Board.
7.1 General Manager, Secretary, Assistant Secretary and Treasurer
A. A General Manager shall be appointed by a majority vote of the Board and serve
at the pleasure of the Board. The General Manager shall perform all duties set
forth in County Water District Law, set forth in these policies, set forth in the
General Manager’s contract with the District, imposed by the Board, and in
accordance with governing laws and regulations. In summary, the General
Manager shall: (1) have full charge and control of the maintenance, operation,
and construction of the water works or water works system of the District; (2)
have full power and authority to employ and discharge all employees and
assistants at pleasure; (3) prescribe the duties of employees and assistants; (4)
fix and alter the compensation of employees and assistants subject to budget
limitations as approved by the Board; (5) perform other duties imposed by the
Board; and (6) report to the Board in accordance with the rules and regulations
as adopted by the Board.
B. A Secretary and Assistant Secretary shall be appointed by a majority vote of the
Board and serve at the pleasure of the Board. The Secretary, or the Assistant
Secretary in the absence of the Secretary, shall attest all ordinances and
resolutions approved and adopted by the Board, countersign all contract
documents approved and adopted by the Board, prepare the minutes of each
meeting held by the Board, and perform all duties set forth in the County Water
District Law, set forth in these policies, imposed by the Board, and in accordance
with governing laws and regulations.
C. A Treasurer shall be appointed by a majority vote of the Board and serve at the
pleasure of the Board. The Treasurer shall perform all duties set forth in the
County Water District Law, set forth in these policies, imposed by the Board, and
in accordance with governing laws and regulations. The Treasurer shall install
and maintain a system of auditing and accounting that shall completely and at all
times show the financial condition of the District.
D. A member of the Board shall not serve as the General Manager, Secretary,
Assistant Secretary or Treasurer. The same person may be appointed as
General Manager and Secretary or Secretary and Treasurer. There shall be no
additional compensation for also serving as Secretary, Assistant Secretary or
Treasurer if the individual so serving is an employee of the District.
E. The Secretary, Assistant Secretary, and Treasurer of the District shall serve as
the Secretary, Assistant Secretary, and Treasurer of the Public Financing
Corporation. The General Manager, Finance Manager, and Executive Assistant,
shall serve as the Executive Director, Treasurer, and Secretary of the Financing
Authority. Appointed staff of the Corporation and Authority shall be affirmed
annually at the District’s reorganization meeting held at the first regular meeting
of the Board in December of each year or as necessary.
Yorba Linda W ater District Board of Directors' Policies and Procedures Manual 16
F. The General Manager, Secretary, Assistant Secretary, Treasurer, and other
employees or assistants of the District, as required by the Board or deemed
appropriate by the General Manager, shall each give a bond to the District
conditioned for the faithful performance of his/her duties as the Board may
provide. Payment for the provision of these bonds shall be provided by the
District.
G. Individuals serving as General Manager, Secretary, Assistant Secretary, or
Treasurer of the Board and the Corporation, and Executive Director, Treasurer,
and Secretary of the Authority, may be removed from their appointments by a
majority vote of the Board.
7.2 District Legal and Labor Counsel
A. The District’s Legal and Labor Counsel are law firms that are appointed by the
Board of Directors and report to the Board during Board meetings.
1. Legal Counsel shall serve as the attorney for the District in all legal
matters pertaining to the operation, maintenance, and other related
business of the District. Legal Counsel shall perform such duties as the
Board or General Manager may request, and shall (1) review all Board
actions to insure legality and acceptability under law; (2) prepare or review
legal documents and provide legal counsel, as required by the Board or
General Manager; and (3) attend and/or participate in Board meetings and
other meetings as directed by the Board or the General Manager.
2. Labor Counsel shall serve as the attorney for the District in all legal
matters pertaining to employment law and other related business of the
District. Labor Counsel shall perform such duties as the Board or General
Manager may request, and shall (1) review all employment related matters
to insure legality and acceptability under law; (2) prepare or review
employment and lab or related documents and provide legal counsel, as
required by the Board or General Manager and (3) attend and/or
participate in Board meetings and other meetings as directed by the Board
or the General Manager.
7.3 District Auditor
A. The District’s Auditor is a certified audit firm that is appointed by and reports to
the Board, and that conducts the District’s annual audit and prepares the
District’s annual audit report. The District’s auditor shall be rotated on a periodic
basis. Contracts for independent auditing services shall be awarded for an initial
period of three years, with the option of extending up to two subsequent years
(for a maximum total of five), unless otherwise determined by the Board.
7.4 Consultants
A. The Board may from time-to-time select, retain, compensate, define the scope
and efforts of, and dismiss consultants to support or provide information to the
Board in developing policy level decisions or in implementing Board actions. In
doing so, the Board shall delegate to the General Manager the responsibility for
day-to-day direction of the work of the consultant.
Yorba Linda W ater District Board of Directors' Policies and Procedures Manual 17
COMMITTEES
8.1 From time to time, the Board may establish committees, whether standing or ad hoc, to
assist with the performance of its duties and policy advice. In keeping with the Board’s
broader focus, committees shall not direct the implementation of District programs and
projects. Committees shall assist the Board by preparing policy alternatives and
implications for Board consideration. Committees shall not act on the Board’s behalf
unless authorized by a majority vote of the Board. Said authorization shall not conflict
with the duties assigned to the General Manager. In order to preserve the
organizational structure and support the chain of command, committees shall not
exercise authority over staff or staff operations.
8.2 The purpose of each established committee shall be reviewed by the Board on an
annual basis, prior to making Director assignments, in order to determine their
continuing relevance.
8.3 The Board previously adopted the Fair Political Practices Commission’s (FPPC) Form
806 as the District’s official form for reporting public official appointments and has
directed staff to post a completed form on the District’s website in accordance with the
requirements set forth in FPPC Regulation 18705.5.
9.0 DIRECTORS’ COMPENSATION, BENEFITS AND EXPENSE REIMBURSEMENT
9.1 Directors’ Compensation
A. As of January 23, 2003, compensation for members of the Board shall be $150
per day for each day’s attendance at meetings of the Board and other meetings
attended at the request of the Board, including reasonable and necessary travel
time (see Appendix 1). Compensation for any type of service shall not exceed
ten days in any calendar month.
B. Director attendance at events sponsored by the following organizations shall be
preauthorized subject to budget limitations as approved by the Board:
1. Association of California Water Agencies (ACWA)
2. Association of California Water Agencies – Joint Powers Insurance
Authority (ACWA-JPIA)
3. American Water Works Association (AWWA)
4. California Association of Sanitation Agencies (CASA)
5. California Special Districts Association (CSDA)
6. California-Nevada Section of American Water Works Association (CA-NV
AWWA)
7. City, County and State Governmental Agencies (Including meetings with
elected/appointed officials and staff.)
8. Colorado River Water Users Association (CRWUA)
9. Independent Special Districts of Orange County (ISDOC)
10. Metropolitan Water District of Southern California (MWD or MET)
11. Municipal Water District of Orange County (MWDOC)
12. Orange County Local Agency Formation Commission (OC LAFCO)
13. Orange County Sanitation District (OCSD)
14. Orange County Water Association (OCWA)
15. Orange County Water District (OCWD)
Yorba Linda W ater District Board of Directors' Policies and Procedures Manual 18
16. Special District Leadership Foundation (SDLF)
17. Urban Water Institute (UWI)
18. Water Advisory Committee of Orange County (WACO)
C. Director attendance at events sponsored by any other organization than those
listed above requires preapproval or ratification by a majority vote of the Board in
order to be considered as an activity for the purposes of compensation.
D. Directors shall complete an Activity Report and Compensation Form (see Exhibit
D) on a monthly basis. Directors have until the 15th day of the following month to
file said reports with the General Manager or his/her designee. If an activity
report is not returned by this deadline, no compensation shall be paid to the
Director for that reporting period. Exceptions to this provision shall be presented
to the Board of Directors for review and approval.
E. All activity reports shall be reviewed and approved by the President or the Vice
President. The President’s activity report shall be reviewed and approved by the
Vice President.
F. Increases in compensation are limited to five percent for each calendar year
following the operative date of the last adjustment. The Board shall consider its
compensation rate following the reorganization meeting held at the first regular
meeting of the Board in December of each year. If the Board recommends an
increase in the amount of compensation, an Ordinance shall be considered and
adopted by the Board according to the following procedures:
1. A public hearing shall be held prior to adoption of the Ordinance.
2. Notice of the hearing shall be published in a newspaper of general
circulation once a week for two successive weeks prior to the public
hearing.
3. The Ordinance shall become effective 60 days from the date of its final
passage.
G. The District does not provide any of its Directors with loans.
9.2 Benefits
A. Directors and their eligible dependents may participate in the health benefits
plans provided by the District, including medical, dental and vision plans. The
District shall pay the premium amount for Directors and 2/3 of the premium
amount for eligible dependents. Directors are responsible for paying the balance
of the premium amount for eligible dependents. Health benefits provided to
Directors shall not be greater than the most generous plan being offered to any
group of District employees. A Director is also eligible for District-provided post-
service health benefits if the following conditions are satisfied: the Director’s
term began before January 1, 1995 and continued uninterrupted until on or after
May 27, 2010; and the Director began receiving health benefits from the District
before January 1, 1994. The rate of accrual for post-service health benefits is
one year of benefits for each three years of service to the District as a Director.
Yorba Linda W ater District Board of Directors' Policies and Procedures Manual 19
In addition to the terms and conditions provided herein, any terms or conditions
set forth in the personnel rules of the District that are applicable to retiree health
benefits shall also apply to post-service health benefits for Directors, except
those conditions relating to good standing and adequate notice of retirement.
Directors are also eligible for District-provided Group Life insurance and
Accidental Death and Dismemberment insurance in amounts up to $10,000
each. Additionally, Directors may elect to participate in the District’s deferred
compensation plan. Enrollment in any of the above benefits plans is subject to
the rules and restrictions of the plans.
9.3 Travel Expense Reimbursement
A. Directors are encouraged to attend conferences, conventions, meetings,
symposiums, intergovernmental meetings and legislative sessions relating to the
mission of the District. Directors shall receive reimbursement or payment of
expenses, according to District rules, incurred in the performance of their duties
as required or authorized by the Board. Attendance at an event must be
preapproved or ratified by a majority vote of the Board in order to be considered
as an activity for the purposes of payment or reimbursement of travel expenses.
Directors’ rates for reimbursement and payment of travel expenses shall not be
greater than rates specified for District employees.
B. Directors shall be reimbursed for actual costs to attend activities, not to exceed:
Flight: $350 Per Round Trip (Most Economical Class)
Car Rental: $50 Per Day (Economy to Standard Size Vehicle)
Lodging: $275 Per Night (Or Published Group/Govt Rate)
Meals: $75 Per Day
Actual and Necessary Expenses: $30 Per Day
C. Expenditures for lodging, meals, and transportation shall provide for reasonable
and necessary comfort and convenience. Directors shall be mindful that public
funds are being spent and that only a reasonable and necessary level of expense
is warranted.
D. When available, Directors must use coach class for commercial travel and
group/government rates for lodging. If the group/government rate is not
available, the reimbursable amount cannot be more than the amount set forth
above. On the rare occasion the group/government rate is more than the amount
set forth above, the reimbursable amount shall equal the group/government rate.
In the event a more expensive class of transportation is used, the reimbursable
amount shall be limited to the cost of the most economical class of transportation
available as identified above.
E. If an expense does not fall within the reimbursement rates identified in this policy,
it must be preapproved by a majority vote of the Board in a public meeting.
F. Meal expenses include the reasonable and necessary costs of meals and
beverages, not including alcoholic beverages. Meal expenses shall be
reimbursed on a daily basis not to exceed $75 per day. Meal expenses for
partial days shall be reimbursed on a meal by meal basis as follows: $15 for
breakfast, $25 for lunch, and $35 for dinner. Said maximums for meal expenses
Yorba Linda W ater District Board of Directors' Policies and Procedures Manual 20
exclude taxes and gratuities which are considered actual and necessary
expenses (see Section 9.3. G). Any amount spent over the daily or partial day
reimbursable amounts set forth in this section may not be deducted from another
day’s reimbursable amount during that same activity. Additionally, any amounts
not spent over the daily or partial day reimbursable amounts set forth above may
not be added to another day’s reimbursable amount during that same activity.
No reimbursement shall be provided for alternative meals when the District has
paid for the cost of the activity including any incorporated meals. Attendance at
receptions before dinner shall not be considered a meal.
G. Actual and necessary expenses include taxes and gratuities for meals, tips for
porters, baggage carriers, bell hops, and housekeepers. This does not include
the cost of laundry, cleaning or pressing of clothes, or telephone calls.
H. For travel by personal vehicle, mileage shall be reimbursed at the IRS rate in
effect at the time of travel. Personally owned vehicles used in the conduct of
District business must be insured for property and liability damage in an amount
not less than the minimum limits required by the California Financial
Responsibility Act. In no case shall the amount paid for mileage reimbursement
for use of a personally owned vehicle used for travel in lieu of air travel exceed
the cost of coach class or equivalent airfare.
I. The District shall not incur any costs for a spouse, or other accompanying
person.
J. In order to obtain reimbursement for qualified expenses, the following procedures
must be followed:
1. Directors shall submit a completed Travel Expense Reimbursement Form
(see Exhibit E) for conference, convention or symposium attendance,
together with all original itemized receipts and corresponding route maps,
within 30 calendar days of when the expense was incurred.
2. Directors shall also submit a completed Meeting and Mileage Expense
Reimbursement Form (see Exhibit F) for local meeting attendance,
together with all original itemized receipts and corresponding route maps,
within 30 calendar days following the end of each month.
3. If the Director does not file an expense report within the above listed
deadlines, the District will not reimburse mileage or out-of-pocket
expenses. Exceptions to this provision shall be presented to the Board of
Directors for review and approval.
4. For any activity that the District prepays expenses, the Director is still
required to file an expense report to ensure that any expenses prepaid by
the District are properly accounted for. Staff shall assist Directors with
these reports as needed. To enforce the timely filing of expense reports
the District may, by majority vote of the Board, stop prepaying conference
and travel expenses.
Yorba Linda W ater District Board of Directors' Policies and Procedures Manual 21
5. All expense reimbursement requests shall be reviewed and approved by
the Finance Manager or the General Manager.
6. With the exception of mileage reimbursement, any expense shown on the
form must have a corresponding, attached original itemized receipt or
other verification document.
7. If a receipt is lost or not provided, the Director must submit a completed
Missing Receipt Affidavit Form (see Exhibit G) as substantiation of the
expense.
8. Directors shall also submit a completed Miscellaneous Gratuities Form
(see Exhibit H) for such expenses paid in cash without a receipt.
9. All forms, receipts and verification documents shall be public documents
subject to redaction of any confidential information, such as credit card
numbers.
K. A Director shall not attend a conference or training event for which there is an
expense to the District if it occurs after the Director has announced his/her
pending resignation, or if it occurs after an election in which it has been
determined that the Director will not retain his/her 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.
L. Directors shall provide a brief report about the activity at the next regular Board
meeting following attendance. Said report shall detail what was learned at the
session(s) that will be of benefit to the District and can be submitted in written or
verbal form though ideally no longer than three minutes. Materials from
session(s) may be delivered to the General Manager for inclusion in the District’s
library for future use.
9.4 District Issued Credit Cards
A. Directors shall be issued credit cards for their use while traveling or attending
meetings on behalf of the District. All purchases made with this card shall
comply with the limitations contained in this policy. Personal purchases using
this card are strictly prohibited.
B. Directors shall submit all original itemized receipts along with appropriate forms
(see Section 9.3. J and Exhibits E and F) identifying purchases made with a
District credit card within 30 calendar days of when the expense was incurred.
C. Directors shall report lost or stolen cards to the Finance Manager immediately to
prevent potential liabilities.
D. Directors shall return their card to the Finance Manager when leaving office.
Yorba Linda W ater District Board of Directors' Policies and Procedures Manual 22
9.5 Communications Expense Reimbursement
A. In order to facilitate operational efficiency and reduce expenses, the Board has
determined that it is in the best interests of the District to have all agendas and
other District information distributed to the Board via electronic means instead of
providing paper copies whenever possible. While Director participation in and
support of this initiative is encouraged, it is not required. Participating Directors
are eligible for the reimbursement of expenses associated with the purchase of
necessary electronic equipment and related items provided:
1. The Director is an elected official of the District with more than two months
remaining in his/her current term of office.
2. The Director has submitted a completed Communications Expense
Reimbursement Form (see Exhibit I) in accordance with established
procedures.
3. The District shall provide reimbursement, up to $1,000 including
applicable taxes and fees every four years (or sooner in the event of loss
or theft), for the cost of electronic equipment and related items of the
Director’s choosing. Qualifying electronic equipment and related items
shall include tablets, laptop computers, tablet/laptop covers or cases,
protective screen wraps, and downloadable applications specific to the
conduct of District business, such as word processing, spreadsheet or
PDF annotation applications.
4. Expenses that are not reimbursable include, but are not limited to, gift
wrapping, engraving, downloadable applications (other than those used
specifically for conducting District business) and additional adaptors.
5. One hundred percent of the electronic equipment and approved itemized
expenses reimbursed shall be reported on the Director’s Form W-2 as
taxable income. In providing this information, the District is not offering tax
advice. Directors having questions concerning the tax implications of
electronic communications reimbursement benefits are urged to contact
the Internal Revenue Service or other experts in tax law.
B. Reimbursements shall be processed when proof of purchase and original
itemized receipts are submitted by the Director along with a completed form
within 30 days of purchase.
C. Failure to submit a completed form within this time frame shall result in a denial
of the Director’s request for reimbursement of the expense. Exceptions to this
provision shall be presented to the Board of Directors for review and approval.
1. The electronic equipment and related items for which reimbursement is
provided shall become the property of the Director and all maintenance is
the sole responsibility of the Director.
2. Notwithstanding the foregoing, staff may, from time to time as deemed
necessary, provide paper copies of District information to Directors and
Yorba Linda W ater District Board of Directors' Policies and Procedures Manual 23
such provision of paper copies shall not affect the reimbursement of
expenses as provided in this section.
D. Should a Director experience a loss or theft of electronic equipment for which the
full or partial expense was reimbursed by the District, said Director shall submit a
written statement and/or police report to the Finance Manager or the General
Manager for auditing purposes prior to requesting reimbursement of expenses for
the purchase of replacement equipment. Requests for reimbursement of
expenses for replacement equipment shall be subject to the limitations and
requirements as set forth above.
E. All communications expense reimbursement requests shall be reviewed and
approved by the Finance Manager or the General Manager. Any requests for
reimbursement that fall outside the limitations contained in this policy shall be
reviewed and approved by the President or Vice President.
9.6 Disclosure of Expenditures/Reimbursements
A. A full accounting of expenditures of public funds under this policy shall be made
and become part of the records of the District.
B. All reimbursements paid by the District of at least $100 for each individual charge
for services or product received, shall be disclosed in an annual report following
the end of each fiscal year. Reimbursement of an individual charge includes, but
is not limited to, one meal, lodging for one day, transportation, or a registration
fee paid to any Director. This report shall be made available for public inspection
upon request.
C. All travel expenses and reimbursements paid by the District on behalf of a
Director shall be disclosed in a quarterly report and provided to the Board for
review at a regular meeting.
BOARD MEETINGS, GENERAL
All meetings of the Board shall be held at the District’s Administration Building located at 1717
East Miraloma Avenue, Placentia, California. All meetings of the Board shall be open and
public and all persons are invited to attend. The District shall continue to implement all
applicable requirements of the Ralph M. Brown Act to ensure transparent, open and
responsive government.
10.1 Regular Meetings
A. All regular meetings of the Board shall be held on the second and fourth Tuesday
of each month. If these days happen to coincide with a holiday designated by
law or otherwise recognized by the District, the meeting shall be rescheduled to a
date and time as determined by a majority vote of the Board. Closed Sessions
scheduled to occur on the same day as a regular meeting will generally
commence at 5:30 p.m. or 6:00 p.m. depending on time requirements and may
be noticed separately as a special meeting. Regular meetings shall commence
at 6:30 p.m. Any member of the Board may make a motion to complete any item
under discussion during meetings lasting more than four hours from the time of
Yorba Linda W ater District Board of Directors' Policies and Procedures Manual 24
commencement. All remaining items on the agenda which have not been acted
upon shall be continued to the next regular meeting or as specified by the Board.
10.2 Special Meetings
A. Special meetings of the Board may be called by the President or a majority of the
Board. Whenever a special meeting of the Board is called, notice in writing shall
be delivered by the Secretary to each Director, and if notice is requested in
writing, to each local newspaper of general circulation and radio or television
station. The notice shall be delivered personally or by any other means and shall
be received at least 24 hours in advance of the meeting. The notice shall specify
the time and place of such meeting and the purpose of the meeting. The written
notice may be dispensed with as to any Director who, at or prior to the time the
meeting convenes, files with the Secretary a written waiver of notice (see Exhibit
J). The written notice may also be dispensed with as to any member who is
actually present at the meeting at the time it convenes.
10.3 Emergency Meetings
A. In the event of an emergency situation involving matters upon which prompt
action is necessary due to the disruption or threatened disruption of public
facilities, the Board may hold an emergency special meeting without complying
with the 24 hour notice required in Section 10.2 herein. An emergency situation
means a crippling disaster which severely impairs public health, safety, or both.
The President, or the Vice President in the absence of the President, or the
General Manager, may determine if an emergency situation exists.
B. Whenever an emergency meeting of the Board is called, notice in writing shall be
delivered by the Secretary to each Director, and if notice is requested in writing,
to each local newspaper of general circulation and radio or television station.
The notice shall be delivered personally or by any other means and shall be
received at least one hour in advance of the meeting. In the event that
telephonic services are not functioning, the notice requirement of one hour is
waived. The Secretary shall then notify such newspapers, radio stations, or
television states of the fact of the holding of the emergency meeting, and of any
action taken by the Board, as soon after the meeting as possible.
C. No Closed Session may be held during an emergency meeting, and all other
rules governing special meetings shall be observed with the exception of the 24
hour notice. The minutes of the emergency meeting, a list of persons the Board
or designee notified or attempted to notify, a copy of the roll call vote(s), and any
actions taken at such meeting shall be posted for a minimum of ten days in the
District office as soon after the meeting as possible.
BOARD MEETINGS, AGENDAS
11.1 Agendas
A. Any matter which is to be considered for approval or adoption by the Board at the
meeting must be submitted to the Board as part of an agenda. 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.
Yorba Linda W ater District Board of Directors' Policies and Procedures Manual 25
B. The Secretary shall, under direction of the General Manager, prepare an agenda
of such matters according to Section 11.2 herein, entitled “Order of Business”,
including a description of the items to be considered or discussed and, where
deemed appropriate by the General Manager, a staff recommendation for each
item.
C. A copy of the draft agenda for every meeting of the Board shall be provided to
the Presiding Chair (should one be appointed) for review prior to posting by the
Secretary.
D. A copy of the finalized agenda for every regular meeting of the Board shall be
posted at least 72 hours prior to the meeting in a place that is freely accessible to
members of the public. Once posted, copies of the complete agenda and
supporting materials shall be available for public inspection during business
hours at the District office and on the District’s website.
E. Agendas for all special meetings of the Board shall be posted in the same
manner at least 24 hours prior to the meeting. The agenda for a special meeting
of the Board is limited to only those matters specifically set forth in the purpose of
the call for the special meeting. No other business shall be considered at a
special meeting.
F. All agendas and other District information shall be distributed to the Board via
electronic means instead of providing paper copies. Director incurred expenses
for electronic equipment and related items required for receiving, accessing and
printing all agendas and information shall be reimbursed in accordance with
Section 9.0 herein.
G. A copy of each agenda for a meeting of the Board 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, in advance, for reproduction costs plus mailing expenses.
Exceptions are public agencies, members of the public who request a copy of
the agenda without supporting materials, and individuals requesting a copy of
an agenda, with or without supporting materials, that contains a specific
matter involving that individual as a party.
H. All non-exempt writings related to an agenda item and distributed to a majority of
the Board less than 72 hours prior to the meeting shall be made available for
public review at the same time.
I. Any Director may contact the General Manager and request an item to be placed
on an agenda no later than 48 hours before an agenda is scheduled to be
closed. In general, all agendas will be closed on Wednesday at 12:00 p.m. the
week prior to the meeting date.
J. Items that require compilation of readily available written information, documents,
reports, studies, or analyses shall not require formal Board approval before
placement on an agenda.
Yorba Linda W ater District Board of Directors' Policies and Procedures Manual 26
K. Items that require more than four hours of staff or consultant time for compilation,
or if they require less than four hours but are of a recurring nature, shall be
approved by a majority vote of the Board during a duly convened meeting before
placement on an agenda.
L. 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,
subject to the following conditions:
1. The request must be in writing and submitted to the General Manager
together with supporting documents and information, if any, at least 10
days prior to the date of the meeting.
2. The General Manager shall be the sole judge of whether the public
request is or is not a “matter directly related to District business” and if the
matter is to be placed on a future agenda. The public member requesting
the agenda item may appeal the General Manager’s decision at the next
regular meeting of the Board. Any Director may request that the item be
placed on the agenda of the Board’s next regular meeting.
3. No matter which is legally a proper subject for consideration by the Board
in Closed Session shall be accepted.
4. The Board may place limitations on the total time to be devoted to a public
request issue at any meeting, and may limit the time allowed for any one
person to speak on the issue at the meeting.
M. Any member of the public may request to present electronic material (such as a
PowerPoint presentation) directly related to District business during Public
Comments or in relation to a specific agenda item during a regularly scheduled
meeting of the Board, subject to the following conditions:
1. The request must be made in writing and submitted to the General
Manager together with all electronic materials at least 12 hours prior to the
meeting.
2. The General Manager shall be the sole judge of whether the electronic
material is or is not a “matter directly related to District business” and if the
material is to be presented during a regularly scheduled Board meeting.
The public member requesting to present the electronic material may
appeal the General Manager’s decision at the next regular meeting of the
Board. Any Director may request that the electronic material be presented
at the Board’s next regular meeting.
11.2 Order of Business
A. Upon convening the meeting at the hour set on the date of each meeting, the
members of the Board, the Secretary and General Manager of the District shall
take their regular stations in the Board Meeting Room, and the business of the
Board shall be taken up for consideration. The Presiding Officer shall
Yorba Linda W ater District Board of Directors' Policies and Procedures Manual 27
immediately call the Board 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, the Secretary shall call the roll
of the Directors. The Secretary shall enter the names of all 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 is adjourned to a time and date certain, the Secretary shall post a
notice of adjournment in a place that is freely accessible to members of the
public within 24 hours of such adjournment.
D. Three of the five Directors elected or appointed to the Board shall constitute a
quorum for any meeting of the Board. Irrespective of the number of Board
members constituting a quorum for a particular meeting, a majority vote of the
Board shall consist of at least three votes. No ordinance, resolution or motion
shall be passed or become effective without the affirmative votes of at least a
majority of the members of the Board.
E. Directors may attend Board and Committee meetings via teleconference
provided the meeting has been duly noticed as a teleconference meeting in
compliance with requirements of the Ralph M. Brown Act. Duly noticed
teleconference locations may be outside the District’s jurisdictional boundaries,
but for purposes of establishing a quorum, at least three Directors must be
participating in the meeting from within the District’s jurisdictional boundaries. A
Director is entitled to participate fully in the meeting and vote from a
teleconference location, and all votes shall be taken by roll call.
F. The Presiding Officer may, on his/her 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 prepared it.
G. The Board may take action on items not appearing on the posted agenda for
regular meetings under the following circumstances:
1. Upon determination by a majority vote of the Board that an emergency,
work stoppage or crippling disaster exists that impairs public health and/or
safety.
2. Upon determination by a two-thirds vote of the Board, or by all
Directors if only three are present, that a matter came to the
attention of the District subsequent to posting the agenda that
needs immediate action by the Board.
3. When an item was posted on the agenda of, and was continued from, a
meeting held not more than five days earlier.
Yorba Linda W ater District Board of Directors' Policies and Procedures Manual 28
H. The Order of Business taken up for consideration by the Board is generally
organized so that high priority matters are addressed at the beginning of the
meeting, and is generally in the following sequence:
1. Introductions and Presentations
2. Public Comments
3. Public Hearings
4. Consent Calendar
5. Action Calendar
6. Discussion Calendar
7. Informational Reports and Other Business
8. Closed Session(s)
9. Adjournment
I. Any person desiring to speak shall first address the chair. Upon recognition by
the Presiding Officer, the speaker shall state his/her name, representation and/or
affiliation and the matter on which they wish to comment. If the matter relates to
an item on the current agenda, the Presiding Officer shall recognize the person
and invite their comment when the item is considered. Comments are limited to
matters of public interest within the jurisdiction of the District, and shall be no
more than three minutes in length unless a time extension is granted by the
Presiding Officer. A maximum of 20 minutes shall be allotted for each subject
matter pursuant to the discretion of the Presiding Officer. No action shall be
taken on matters not appearing on agenda.
J. The Public Hearings portion of the agenda, if any, shall 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:
1. Opening of Hearing by Presiding Officer
2. Verification of Notice of Hearing Provided by Board Secretary
3. Reports by General Manager, Staff and/or Consultant
4. Comments from the Public Speaking in Favor and/or Against the Issue
5. Receipt of Written Communications from the Public
6. Continue or Closing of Hearing by Presiding Officer
7. Questions to Staff and Board Discussion
8. Consideration of Action by the Board
K. The Consent Calendar portion of the agenda shall be consideration, in a single
action, of items determined by the Secretary to be routine matters, status reports
or documents implementing previous Board 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, after such discussion,
a Director, staff member or member of the public has a question or wishes to
address a Consent Calendar item further, they may request that the item be
removed for further discussion. The Presiding Officer shall immediately grant
such requests and transfer the removed item to the Action Calendar for later
discussion. Items removed from the Consent Calendar for discussion shall be
acted upon separately. All items remaining on the Consent Calendar shall be
considered for approval by a single motion. Examples of matters appearing on
the Consent Calendar may include, but are not limited to:
Yorba Linda W ater District Board of Directors' Policies and Procedures Manual 29
1. Minutes of Previous Board Meetings
2. Approval to Pay Warrants
3. Routine Environmental Assessments
4. Approval of Routine Terms and Conditions for Water and/or Sewer
Service
5. Approval of Change Orders (W ith a dollar value within the General
Manager’s authority consistent with the approved purchasing policy.)
6. Approval of Contracts (For projects identified in the adopted budget.)
7. Final Acceptance of Facilities
8. Disposition of Liability Claims
9. Other Routine Administrative Matters
L. The Action Calendar portion of the agenda shall include items requiring staff
presentation and/or Board discussion prior to formal Board action. Items shall
generally be listed in order of priority and with items of a similar nature grouped
together. Items may be addressed out of order upon request and with the
consent of the Presiding Officer.
M. The Discussion Calendar shall include matters that do not require Board action
or that cannot reasonably be expected to result in Board action at that meeting.
Matters appropriate for the Discussion Calendar include technical presentations
to the Board, review of drafts of proposed policies and, in general, items for
which District staff seeks the advice and counsel of the Board. When time
permits, the Board believes the District’s best interests are served by discussing
more complex matters at one meeting and considering formal action on them at a
subsequent meeting.
N. The Informational Reports and Other Business portion of the agenda provides an
opportunity for the presentation of reports by the General Manager, reports from
Committees, reports by Directors who have attended outside meetings, and
general comments by Directors. It also provides an opportunity for the Board to
schedule future meetings and assignments on the Board’s activity calendar.
Requests for items to be placed on a future agenda shall be subject to the
provisions in Section 11.1 J-K.
O. Closed Sessions are strictly limited to the open meeting exceptions as defined in
the Ralph M. Brown Act. At times, during Board meetings, the Board may
adjourn into Closed Session to discuss personnel matters, real estate
negotiations, existing or anticipated litigation or other matters as specified in the
exceptions set forth in the Brown Act. Appropriate agenda descriptions are also
required for Closed Session items.
P. A motion to adjourn must be moved by a Director and seconded by another
Director, and is subject to debate. No further business can be conducted after an
affirmative vote to adjourn.
Q. The Board may adjourn any regular or adjourned regular meeting to a time and
place specified in the motion of adjournment so approved by the Board.
Yorba Linda W ater District Board of Directors' Policies and Procedures Manual 30
BOARD MEETINGS, MINUTES
12.1 The Secretary shall keep minutes of all Board meetings. Minutes are to record actions
taken and meaningful discussion; they are not intended to be verbatim records.
Members of the public requesting information about a meeting shall be encouraged to
listen to the audio recording made of each meeting. Draft minutes shall be distributed to
the Board for review and approval at the next regular meeting or as soon as possible
thereafter. Minutes may be approved as part of the Consent Calendar.
12.2 The official minutes of all Board meetings shall be kept in a fire-proof vault or in fire-
resistant locked cabinets at the District’s Administration office. An audio and/or video
recording shall be made of all regular Board meetings, including public hearings, and
retained in accordance with the District’s records retention policy.
BOARD MEETINGS, CONDUCT
13.1 Guidelines for Discussion
These guidelines are intended to formalize the meeting so that each Director and
members of the public, in due course, may be heard (see also Exhibit K).
A. The Presiding Officer shall decide, subject to a question of order by any Director,
the degree of enforcement of these guidelines at any time during any meeting.
B. The Board prefers a flexible form of meeting, believing that this enhances the
decision-making process and may not always conduct its meetings with formal
“rules of order” or parliamentary procedure.
C. The Presiding Officer shall read aloud the title of each item on the agenda as
considered with the exception of items on the Consent Calendar.
D. Staff will generally provide a presentation for each action or discussion item
following which the Presiding Officer will open the floor to public comment on the
matter under consideration (see Section 11.2 I).
E. Following public comment, the Board will discuss the matter being considered
and address questions or comments to staff.
F. Any Director desiring to speak shall first address the chair. Upon recognition by
the Presiding Officer, the Director may speak freely with respect to the matter
then before the Board but shall confine his/her comments to the subject under
discussion. Any Director, once recognized, shall not be interrupted except by a
call to order from the Presiding Officer. If a Director is called to order, he/she
shall cease speaking until the question or order is determined; if determined to
be in order, they may proceed.
G. Any Director moving the adoption or approval of a matter may call for the
question.
H. The Presiding Officer may move, second or debate motions from the chair,
subject only to such limitations of debate as may be imposed on all Directors,
Yorba Linda W ater District Board of Directors' Policies and Procedures Manual 31
and shall not be deprived of any of the rights and privileges of a Director by
serving as the Presiding Officer. The Presiding Officer may vote on all questions
or motions before the Board, with his/her name being called last in a roll call vote.
I. True motions to reconsider any Board action must be made at the same meeting
at which the original action was taken; however, any Director may make any
other type of motion at any meeting.
J. All motions shall be adopted by roll call vote. The Secretary shall record in the
Minutes any dissenting and abstaining votes, or disqualification from voting due
to a conflict of interest.
K. Unless a Director declares a conflict of interest or abstains, silence shall be
recorded in the Minutes as an affirmative vote.
L. The Presiding Officer for each meeting has the responsibility to preserve order
and decorum. If at any time, a Director believes order is not being maintained or
that procedures being followed are not adequate for the decision-making process
at hand, he/she shall call this fact to the attention of the Presiding Officer and
request corrective action. If the corrective action taken by the Presiding Officer is
not satisfactory, a motion for specific corrective action may be made to the
Board. In that event, a majority vote of the Board shall determine the action to be
taken.
M. In the event any person or group of people makes personal, impertinent or
slanderous remarks or becomes boisterous while attending a District Board
meeting, the Presiding Officer shall call for order. If the person or group refuses
to comply with the Presiding Officer’s request for order, the Presiding Officer may
declare a recess and summon a law enforcement officer to remove the person(s)
from the room. Once the Presiding Officer takes this action, permission for such
person(s) to remain at the meeting requires a motion approved by a majority vote
of the Board. When, in the judgment of the Presiding Officer, order is restored,
the meeting shall reconvene and continue with the Board’s business.
BOARD ACTIONS AND DECISIONS
14.1 The Board shall act only by Ordinance, Resolution or Motion. The Presiding Officer
shall state each matter as it is presented for consideration by the Board and shall
announce each decision of the Board.
14.2 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
the title of the ordinance. No ordinance, or section thereof, shall be amended or
repealed unless the new ordinances contains the title of the ordinance or section
amended or repealed. When applicable, ordinances shall be identified to the Board 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
the names of all Directors and identify them as voting Aye, No, Abstain, or Absent on
each adopted ordinance. All ordinances shall be signed by the Presiding Officer and
attested by the Secretary. Ordinances shall be in full force and effect upon adoption
Yorba Linda W ater District Board of Directors' Policies and Procedures Manual 32
unless otherwise provided by law, and the Secretary shall be responsible for
compliance with any and all legal requirements for publication of the ordinance.
14.3 Resolutions are a formal expression of opinion, will or intent of the Board. Resolutions
must be moved and seconded and shall be adopted only by a roll call vote. The
Secretary shall record names of all Directors and identify them as voting Aye, No,
Abstain, or Absent on each adopted resolution. All resolutions shall be signed by the
Presiding Officer and attested by the Secretary.
14.4 Motions are proposals, made by a Director during a Board meeting, for action,
inclination of the mind or will, or a formal proposal made in a deliberative manner by the
Board. Every motion considered by the Board must be moved by a Director, seconded
by another Director and is subject to debate.
14.5 Except where action is taken by the unanimous vote of all Directors present and voting,
the Secretary shall record the names of all Directors and identify them as voting Aye,
No, Abstain or Absent upon the passage of all ordinances, resolutions, or motions and
enter them upon the Minutes of the Board.
EXHIBITS AND APPENDIXES
Exhibits
A. Acknowledgement
B. Assessment Survey of Governing Body’s Effectiveness
C. Sample Conflict of Interest Declarations
D. Activity Report and Compensation Form
E. Travel Expense Reimbursement Form
F. Meeting and Mileage Expense Reimbursement Form
G. Missing Receipt Affidavit Form
H. Miscellaneous Gratuities Form
I. Communications Expense Reimbursement Form
J. Waiver of Written Notice of Special and Emergency Meetings
K. General Guidelines for Parliamentary Procedure
Appendixes
1. Setting Compensation for Members of the Board (Ord. 03-01)
YORBA LINDA WATER DISTRICT
Acknowledgement Form
By signing below, the Director hereby acknowledges and agrees that he/she:
a)Has read this manual and understands its expectations;
b)Will comply with all local, state, and federal laws and regulations as an inherent quality
of ethical behavior;
c)Pledges to uphold a standard of integrity and competence beyond that required by law;
d)Will treat all persons, claims and transactions in a fair and equitable manner; and
e)Fully understands they are subject to the Board’s admonition, sanction and censure,
depending on their ability to exemplify the ethical and professional behavior promoted by this
manual.
Director’s Name (Printed): Date:
________________________________________
Director’s Signature:
________________________________________
Distribution: Original to Personnel File
Copy: Director
Exhibit A
NAME:
"0" if you feel the statement is very true.
"1" if you feel the statement is somewhat true.
"2" if you feel the statement is somewhat untrue.
"3" if you feel the statement is very untrue.
ISSUE POINTS
1.Board meetings start on time.
2.All board members feel free to express their opinions.
3.All members are contributing members of the board team.
4.The elected body does not attempt to micro-manage.
5.While they may not like some of the decisions, people percieve the board as fair.
6.Staff provides a recommendation on every issue no matter how controversial.
7.The board has an overall vision for the community.
8.The chair keeps audience members informed of board issues and actions.
9.Our board gets things done.
10.There is agreement on who is ultimately responsible for putting items on and/or removing them
from the agenda.
11.Members feel free to critique each other's positions on issues.
12.The board works well as a team.
13.Our board does not engage in solution "reengineering" at meetings.
14.Board members avoid berating members of the audience; even if provoked.
15.The board conducts timely and meaningful evaluations of the manager's performance.
16.The board has developed its own mission or goal statement.
17.The chairperson prevents dominating board members from having a disproportionate influence.
18.The board does not get stalemated over the process or procedures.
19.The board does not spend too much time modifying or correcting the minutes at meetings.
20.Civilized disagreement is a board strength.
Do not spend too much time on any statement. Your first reaction is usually best. Answer the way things are - not the
way you would like them to be.
This survey was developed by Len Wood & Associates to help assess the effectiveness of the governing body and its
relationship with staff. Please address each statement by allocating points as follows:
ASSESSING GOVERNING BOARD EFFECTIVENESS
Exhibit B
21.Team members actively listen to each other.
22.Staff does not get overly involved in policy decisions.
23.Meaningful public participation is encouraged.
24.Staff does not filter the information it passess on to the board.
25.Members know what the board's top five goals are.
26.The chairperson protects board members from audience or colleague attacks.
27.The board made significant progress on its top goals last year.
28.Operating rules and procedures are known by all board members.
29."Baggage" from one argument is not carried to the next.
30.While board members may have positions, minds are not made up before meetings.
31.Individual board members do not try to influence personnel decisions.
32.Board members keep the audience informed of each item, the issue, the background and
possible decisions.
33.Staff follows through as promised.
34.Day-to-day decisions are consistent with the board's overall goals.
35.The chairperson prevents premature rejection of new thoughts without a fair evaluation.
36.Board members do their homework before meetings.
37.The agenda packet is "user friendly".
38.Decisions are usually made only after each members has had his/her say.
39.Members are open with eachother.
40.Board members aduequately communicate goals and philosophies to staff.
41.Members of the audience do not feel intimitated when appearing before the board.
42.Openness and trust exists between the board and staff.
43.The board develops an annual work program with clear objectives.
44.The chairperson does not unfairly use the powers of the position to win a point or argument.
45.The board is not reluctant to make an important, yet controversial decision.
46.Staff provides all the significant alternatives in their staff reports.
47.Members know how to keep conflict from becoming destructive.
48.The board does not operate as an exclusive country club.
49.The board is not complacent about its oversight responsibilities.
Exhibit B
50.Board members take care to observe the appearance as well as the principle of impartiality.
51.The board and staff do not surprise each other at meetings.
52.Our priorities do not change too often.
53.In our meetings, the discussion rarely drifts off the subject.
54.The board is adept at identifying and exploiting opportunities.
Exhibit B
YORBA LINDA WATER DISTRICT
Sample Conflict of Interest Declarations
Generally, a Board member has a financial interest in a matter if it is reasonably foreseeable that the
Board’s decision would have a material financial effect (as defined by the Fair Political Practices
Commission regulations) that is distinguishable from its effect on the public generally, on the official, a
member of his/her immediate family, or on any of the following:
•A business entity in which the Board member has a direct or indirect investment worth $2,000 or more;
•A business entity in which the Board member holds a position as a director, officer, partner, trustee,
employee, or holds any position of management;
•A source of income (except gifts or loans by a commercial lending institution made in the regular course
of business on terms available to the public without regard to official status), aggregating $500 or more
in value provided, promised to, or received by, the Board member within 12 months prior to the time a
decision is made;
•A source of gifts to the Board member amounting to the annual gift limit or more within 12 months prior
to the time a decision is made; and
•Real property in which the Board member has a direct or indirect interest worth $2,000 or more.
Below are some sample conflict of interest declarations as provided by the District’s legal counsel:
1.Decision affects business entity in which a Director has an investment:
I declare that I have a conflict of interest on Agenda Item No. because I have an investment
in Name of Company .
2.Decision affects business entity in which a Director holds a position:
I declare that I have a conflict of interest on Agenda Item No. because I hold a position at
Name of Company , a business that Description of Business Activities .
3.Decision affects a source of income/gift:
I declare that I have a conflict of interest on Agenda Item No. because I have received
income or a gift from Name of Source .
4.Decision affects real property in which the Director has a direct/indirect interest:
I declare that I have a conflict of interest on Agenda Item No. because I own real property,
located at Location which may be affected. NOTE: If subject property is the Director’s
primary residence simply state that “the property is a residence”.
5.Decision related to Closed Session agenda item:
I recuse myself from participating in Agenda Item No. due to a conflict of interest under
Government Code Section 87100.
Exhibit C
YORBA LINDA WATER DISTRICT
Directors Activity Report and Compensation Form
Name (Printed): NOTE: Rate is $150.00 per day.
Month:
For Admin
Use Only
Date Meeting Description Code Rate
Total Compensation Amount: $
Director’s Signature: Date:
R = YLWD Regular BOD Mtg | S = YLWD Special BOD Mtg | C = YLWD Committee Mtg | O = Other Mtg, Conference, or Event
Fax to 714-701-3028 or scan and e-mail to the Executive Assistant.
Exhibit D
Page 1 of 2
Original itemized receipts and
Name:corresponding route maps must be attached.
Conference Name:
Destination/Location:
Purpose of Trip:
Departure Date:Return Date:
Travel Date Expense Paid Expense Paid Total Business
By YLWD By Director Expenses
Breakfast 0.00
Lunch 0.00
Dinner 0.00
Airfare 0.00
Lodging 0.00
Cab / Shuttle 0.00
Auto Rental 0.00
Fuel / Oil 0.00
Parking / Toll 0.00
Mileage 0.00
Misc / Tips 0.00
Conference Fee 0.00
Membership Fee 0.00
Total $0.00 0.00 0.00
$0.00
I hereby certify that the above expenditures represent cash spent for legitimate District business only and includes no personal items.
Director's Signature:Date:
Reviewer's Signature:Date:
Itemized Expenses
Total Due Director:
YORBA LINDA WATER DISTRICT
Travel Expense Reimbursement Form
Exhibit E
Page 2 of 2
Original itemized receipts and
Name:corresponding route maps must be attached.
Mileage Date Miles 0.54
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Total $0.00
Misc / Tips Date Amount
Total $0.00
YORBA LINDA WATER DISTRICT
Travel Expense Reimbursement Form
Destination
Description
Exhibit E
TOTAL EXPENSES:$0.00
Meeting and Mileage Expense Reimbursement Form
Name:
Month:Current Rate =
Date Purpose Miles Meals Parking Other
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Total Miles:0
TOTALS:$0.00 $0.00 $0.00 $0.00
Director's Signature Date Original itemized receipts and corresponding
route maps must be attached.
Reviewer's Signature Date
YORBA LINDA WATER DISTRICT
Location
Exhibit F
YORBA LINDA WATER DISTRICT
Missing Receipt Affidavit Form
Please retain this form with the District’s financial records in case of an audit.
Name (Printed):
I certify that I made the purchase shown below for District purposes but do not have a receipt because
(check all that apply):
Vendor did not provide a detailed receipt.
I had a receipt but cannot locate it.
I have a receipt, but it is not readable (e.g. not in English and/or not legible). This document is provided
in order to describe the items purchased.
Order was placed via telephone, fax, or internet, and vendor has not supplied an invoice.
Vendor Name
City
Date of Purchase
Detailed Description of Purchase (Attach additional sheets if necessary.) Item Amount
Total Purchase Amount $
This document is in lieu of an invoice or receipt for this transaction. I certify that all items listed above
(and on the attached, if applicable) were purchased and received for District business.
Director’s Signature: Date:
NOTE: All information is required and must be typed or printed in ink. Use one affidavit per receipt.
Exhibit G
YORBA LINDA WATER DISTRICT
Miscellaneous Gratuities Form
Please retain this form with the District’s financial records in case of an audit.
Name (Printed):
Conference/Event Name:
The following gratuities were paid in cash and are directly related to my attendance at the above listed
conference/event:
Date Location Purpose Amount
Total Amount $
This document is in lieu of an invoice or receipt for this/these transaction(s). I certify that all items listed
above (and on the attached, if applicable) were for District business.
Signature: Date:
Exhibit H
YORBA LINDA WATER DISTRICT
Communications Expense Reimbursement Form
Director’s Name (Printed):
The purpose of this form is to identify and provide proof of purchase and original itemized receipts for
the reimbursement of Director incurred expenses for obtaining electronic equipment and related items
in order to receive and access agendas and other District information distributed to the Board via
electronic means.
NOTE: One hundred percent (100%) of the electronic equipment and approved itemized expenses
reimbursed shall be reported on the Director’s Form W-2 as taxable income.
Date Description Amount
Total Expenses: $
Less Paid by YLWD: $
Total Reimbursement Amount: $
I agree that all expenses submitted on this form are for District purposes only. I also agree that it is my
responsibility to provide proof of purchase and original itemized receipts along with this completed form
to the Finance Manager or the General Manager within 30 days of purchase.
Director’s Signature: Date:
Reviewer’s Signature: Date:
Exhibit I
YORBA LINDA WATER DISTRICT
Waiver of Written Notice of Special and Emergency Meetings
_____(Date)_____
Board of Directors
Yorba Linda Water District
PO Box 309
Yorba Linda CA 92885
Dear President _______________ and Fellow Board Members:
This letter is to serve as a written waiver of receiving written notice of special and
emergency meetings under the Brown Act during my absence from _____(Date)_____ to
_____(Date)_____.
Respectively Submitted,
_______________, Director
Yorba Linda Water District
Cc: _______________, General Manager
Exhibit J
YORBA LINDA WATER DISTRICT
Guidelines for Parliamentary Procedure
SPECIAL MEETINGS FOR CLOSED SESSION ONLY
Chair Calls Meeting to Order
Board Secretary Performs Roll Call / Establishment of Quorum
Chair Requests Public Comments (Limited to 3 minutes.)
Before Closed Session
Chair reads description of Closed Session(s)
Chair requests motion/second to adjourn to Closed Session.
Chair asks if all in favor.
After Closed Session
Chair reconvenes meeting in Open Session.
Chair, GM, or Legal Counsel reports any action taken during Closed Session if required.
Chair Adjourns Meeting
REGULAR MEETINGS
Chair Calls Meeting to Order
Chair Leads Pledge of Allegiance
Board Secretary Performs Roll Call / Establishment of Quorum
Chair Asks GM if Additions / Deletions to Agenda
Addition requires 2/3 vote by roll call, or all Directors if only 3 present. Matter must have
come to District’s attention subsequent to posting of agenda and requires immediate
action by the Board.
Introductions and Presentations
Reserved for staff introductions, special presentations, and comments from other
elected official liaisons.
Exhibit K
Chair Requests Public Comments (Limited to 3 minutes.)
Comments related to items on agenda are taken when item is considered.
Consent Calendar
Chair asks if Directors or public have any questions or comments on Consent Calendar.
If NO, Chair asks for motion/second and requests roll call vote.
If YES, Chair indicates item does not need to be formally removed from Consent
Calendar.
Chair asks for public comments.
Board proceeds with questions or comments.
Following all comments, Chair asks for motion/second and requests roll call vote.
If YES and Director or public requests removal of item(s) from Consent Calendar,
Chair indicates item(s) will be removed from Consent Calendar and considered
separately.
Chair asks for public comments on items remaining on Consent Calendar.
Following comments, Chair asks for motion/second and requests roll call vote.
Items Removed From Consent Calendar
(See Action Calendar)
Action Calendar
Chair reads item description.
GM requests staff to provide report.
Chair opens floor to public comments.
Board proceeds with discussion of item.
Following discussion, Chair asks for motion/second. Chair restates motion and
requests roll call vote.
MAIN MOTION PROCESS
Director makes clearly worded motion to take action (e.g. “I move to…”). Motion must be
seconded. If no further discussion, Chair requests roll call vote. If additional discussion
occurs, Chair restates motion prior to requesting roll call vote.
Exhibit K
Appendix 1
ORDINANCE NO. 03-01
AN ORDINANCE OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
SETTING COMPENSATION FOR MEMBERS
OF THE BOARD OF DIRECTORS
WHEREAS, The Yorba Linda Water District is organized and operates under authority of the
County Water District Act, Division 12, commencing with Section 30,000 of the
California Water Code; and
WHEREAS, Water Code Section 20202, permits water districts, as defined in Section 20200,
which includes the Yorba Linda Water District,to increase compensation of
members of the Board of Directors in an amount in excess of$100 per day for
each day's attendance at Board meetings or each day's service as a Director at
the Board's request, not to exceed ten day's per calendar month; and,
WHEREAS, the increase in compensation authorized pursuant to Section 20202 is limited to
five percent for each calendar year following the operative date of the last
adjustment; and
WHEREAS, the Board of Directors of the Yorba Linda Water District, by action taken in
February, 1991 set the daily compensation under Water Code Section 30507 at
$125 for Board and Board Committee meetings and $50 for other service
rendered at the request of the Board; and
WHEREAS, the Board of Directors of the Yorba Linda Water District has conducted a public
hearing upon notice pursuant to Government Code Section 6066 as required by
Water Code Section 20203.
NOW THEREFORE,the Board of Directors of the Yorba Linda Water District does hereby
find, declare, order and ordain as follows:
Section 1. The matters set forth in the recitals of this Ordinance are true and correct.
Section 2. Upon and after the effective date of this Ordinance, compensation for members
of the Board of Directors of the Yorba Linda Water District shall be $150 per
day for each day's attendance at meetings of the Board of Directors and other
meetings attended at the request of the Board of Directors. Compensation for
any type of service shall not exceed ten (10) days in any calendar month.
Members of the Board of Directors shall receive reimbursement or payment of
expenses, according to District rules, incurred in the performance of each
Director's duties required or authorized by the Board of Directors.
Appendix 1
Section 3. This Ordinance shall become effective sixty(60) days after its adoption.
PASSED AND ADOPTED this 23rd day of January, 2003 by the following called vote:
AYES: Beverage, Mills, Summerfield
NOES: Armstrong
ABSENT: Korn
ABSTAIN:
6?resident W. ummerh ld, ,
JEST
son,
Secretary