BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☐ No ☒
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT: Title
Consider the Board Ethics and Conduct Ad Hoc Committee Recommendation to Accept the September 28, 2026 Executive Summary of the Investigation of a Board Member Complaint as the Committee’s Findings, Set a Public Hearing on October 27, 2026, to Consider Continued Censure, and Discuss and Consider Additional Board Member Requests.
End
RECOMMENDATION: Recommendation
Consider the Board Ethics and Conduct Ad Hoc Committee Recommendation:
A. Accept the September 28, 2026 Executive Summary of the Investigation of a Board Member Complaint as the Committee’s Findings;
B. Set a Public Hearing on October 27, 2026, to Consider Continued Censure; and
C. Discuss and Consider Additional Board Member Requests.
Body
SUMMARY:
Per GP 6.5.7, the Board formed an Ethics and Conduct Ad Hoc Committee (Committee) on April 14, 2026 to address the Complaint received on March 24, 2026, appointing Chair Tony Estremera and Vice Chair Richard Santos to the Committee.
Per GP 6.5.7, the Committee evaluated the complaint and requested that the Complaint be investigated by an impartial third party. The third party was engaged in April of 2026.
Per GP 6.5.10.3 provides that the Committee “shall endeavor to have investigations completed within six months from their start.” October 2026 is the six (6) months from the start that is needed.
Per GP 6.5.11, the Committee met on Tuesday, October 6, 2026, to review the results of the investigation.
Per GP 6.5.11.2, if the Committee is satisfied with the completeness of the investigation, it will present findings and recommendations to the Board at a public meeting. The Committee requested that the findings be presented to the Board at the next regular meeting.
Per GP 6.5.11.4, an executive summary of the investigation report shall be made and will be available to the full Board and public in any future Board meeting on the investigation report. The executive summary is attached herein as Attachment “1.”
Per GP 6.5.12, the Board will consider, by majority vote, whether to accept the Committee’s findings. Prior to any Board action on findings, the accused Board member shall be given a reasonable amount of time to respond to findings (verbally and/or in writing). The accused was provided with the report on October 7, 2026. If findings are not accepted, then the matter is concluded and shall be deemed closed. If the Board does accept the findings, then the matter shall continue as set for below.
Per GP 6.5.13, at any meeting where the Board considers the Committee’s findings, then the Board may discuss any recommendations by the Committee but will not take action on them at the meeting. At the meeting where the Board considers the Committee’s findings, any Board member may request admonition, sanction, censure, or other measures in addition to any recommendations by the Committee.
The Committee has determined that there is sufficient evidence that the alleged conduct violated the Board of Directors Code of Ethics and Conduct, Board Governance Policies, or local, state, or federal laws. On March 14, 2024, the Board approved Resolution 24-09, The Santa Clara Valley Water District Board of Directors Providing for the Censure of Director Rebecca Eisenberg for Actions of January 29, 2024. Here, the Committee will recommend a “Resolution of Continued Censure.”
Per GP 6.5.14, the Committee will receive Board requests for admonition, sanction, or censure, and make recommendations to be considered at a future Board meeting. Valley Water will provide the accused Board member with a separate notice of any public Board meeting involving a Committee recommendation to admonish, sanction, or censure that Board Member.
Per GP 6.5.16, the Committee is recommending a public hearing to be scheduled on Tuesday, October 27, 2026, agendizing the recommended Resolution of Continued Censure, which was approved by the Board on March 14, 2024 (Resolution 24-09).
ENVIRONMENTAL JUSTICE IMPACT:
There are no environmental justice impacts associated with recommendations of the Board Ethics and Conduct Ad Hoc Committee.
FINANCIAL IMPACT:
There is no financial impact associated with this item.
CEQA:
The recommended action does not constitute a project under CEQA because it does not have a potential for resulting in direct or reasonably foreseeable indirect physical change in the environment.
ATTACHMENTS:
Attachment 1: Executive Summary
Attachment 2: GP-6
Attachment 3: Resolution 24-09
UNCLASSIFIED MANAGER: Manager
Candice Kwok-Smith, 408-630-3193