BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☐ No ☒
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT: Title
Refer the Existing Process to Address Board Appointed Officer Complaints and any recommended changes, if needed, to the Board Policy and Monitoring Committee for Review.
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RECOMMENDATION: Recommendation
Refer the existing process to address Board Appointed Officer complaints and any recommended changes, if needed, to the Board Policy and Monitoring Committee for review.
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SUMMARY:
The Board Appointed Officers (BAOs) are the Chief Executive Officer, the District Counsel, and the Clerk of the Board, each of whom are appointed by and serve at the pleasure of the Board. (Board Linkage BL-1.) This item is for the Board to consider referring to the Board Policy and Monitoring Committee for review the existing process for non-Board complaints made against Valley Water’s three BAOs and for the Committee to make recommended changes to the existing process, if needed, to the full Board for consideration.
This referral is only intended to capture employee complaints pursuant to Valley Water policies and not those secured as a matter of law or contract (e.g., the ability to file discrimination complaints with the California Civil Rights Department, the ability to file harassment complaints with the Equal Employment Opportunity Commission, the ability to file civil complaints in state or federal court, the ability to file complaints with the Public Employment Relations Board, the ability of Valley Water bargaining units to file grievances under their respective MOUs, etc.).
Currently, Valley Water has two administrative policies that expressly mention complaints against a BAO:
A. Anti-Discrimination, Harassment, Abusive Conduct, and Retaliation Policy (Ad-2.8)
Under Section 1(C) of Valley Water’s Anti-Discrimination, Harassment, Abusive Conduct, and Retaliation policy, employees or other covered parties who believe they have been subjected to prohibited behavior should immediately report it to their supervisor, a member of the management team, or Ethics and Equal Opportunity Programs (EEOP) staff. That same section notes that complaints against the Chief Executive Officer, the Chief People Officer, the Ethics Officer, or a member of the Board will be immediately referred to the District Counsel’s Office for resolution.
This policy does not expressly address complaints made against the Clerk of the Board or District Counsel. Since no exception for them is stated, such complaints would be handled through the normal process with Valley Water’s EEOP:
“Once a complaint is received, EEOP will determine if the complaint requires a consultation, initial inquiry, or full investigation. If EEOP determines the need for a full investigation, it is Valley Water’s policy to conduct a timely, thorough, and impartial investigation of all Prohibited Behavior claims. The investigation will be conducted by qualified personnel, documented, and tracked for reasonable progress and concluded in a timely manner.” (Ad-2.8, Section 1(C).)
B. Ethics and Business Conduct Policy (Ad-2.11)
Under Section 4, page 8, of Valley Water’s Ethics and Business Conduct Policy, the office of the District Counsel shall handle any complaints of violations of this policy by the Chief Executive Officer or the Ethics Officer. The policy then notes that any findings of violation by the CEO shall be referred to the Board of Directors.
This policy similarly does not address the process for complaints made against the Clerk of the Board or District Counsel. Since no exception for them is stated, such complaints would be handled through the normal process with Valley Water’s EEOP. The policy does note, however, that sustained findings against the District Counsel or Clerk of the Board shall be referred to Valley Water’s Board of Directors. (Ad-2.11, Section 4, p.9.)
C. Other Valley Water Policies
Administrative Policies 2.8 and 2.11 may be the only two policies to specifically address complaints against BAOs. In the case of Ad 2.8, the process for complaints against the District Counsel and Clerk of the Board is covered by default since the only exception is set forth for complaints against the CEO. Valley Water has numerous additional policies which could theoretically form the basis for complaints against the BAOs, so adoption of some overarching policy with respect to processing complaints against BAOs for violation of Valley Water policies may provide clarity for all involved in future cases.
The Board may therefore wish to consider referring this question to the BPMC for review and recommendation.
ENVIRONMENTAL JUSTICE AND EQUITY IMPACT:
There are no environmental justice and equity impacts associated with this item.
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 the potential for resulting in direct or reasonably foreseeable indirect physical change in the environment.
ATTACHMENTS:
None.
UNCLASSIFIED MANAGER: Manager
Board Chair Tony Estremera