BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☐ No ☒
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT: Title
Complaint Against a Board Member from a Member of the Public.
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RECOMMENDATION: Recommendation
Consider the request of Chair Estremera, pursuant to GP-6.5.7, to form an Ethics and Conduct Ad Hoc Committee consisting of Chair Estremera and Vice Chair Santos to address a complaint from a member of the public against a Board Member.
Body
SUMMARY:
Background:
At its December 10, 2024, meeting, the Board approved an updated process for complaints against Board Members. That process is found in Board Governance Process GP-6.3 through 6.5, inclusive. A copy of GP-6 in its entirety is attached as Attachment 1.
Pursuant to GP-6.5.1, “Anyone may bring a formal complaint against a Board member for misconduct in accordance with this section.”
“The Chair shall review complaints to determine if they articulate a sufficient basis for further consideration.” GP-6.5.4. “The Chair may, but is not required to, attempt informal resolution of a complaint with the complainant and the accused Board member.” GP-6.5.5.
GP-6.5.7.1 then provides,
If informal resolution is unsuccessful or is not attempted, the Chair shall make a timely request to the Board to form an Ethics and Conduct Ad Hoc Committee to address the complaint (“Committee”). As part of this request, the Chair shall nominate an additional member for the Committee which shall consist of the Chair and one other. The Chair’s request shall be agendized for a public meeting of the Board of Directors.
The Board must consider the request, and the proposed Committee cannot take action unless and until it is approved by the Board. GP-6.5.7.2.
In terms of this agenda item, the process affords a measure of confidentiality to the complainant, any witnesses, and the accused Board member. For example, GP-6.5.7.3 says:
For the public meeting on the Chair’s request, the rights of the complainant and any witnesses must be respected. Information regarding the nature of the complaint must be kept to a minimum and the identity of the any complainant and witnesses must not be disclosed. Where any details have previously been made public, disclosure of such previously disclosed information is discouraged where unnecessary for Board consideration but is not prohibited.
Further, GP-6.5.7.4 says:
For the public meeting on the Chair’s request, the public agenda materials and the corresponding Board discussion must be undertaken to avoid compromising the integrity of the future investigation or bringing unnecessary or undue embarrassment to the complainant, the accused Board member, and any witnesses.
On February 13, 2025, a member of the public submitted a formal written complaint against a Board member. The complaint generally alleges that the accused Board Member has violated various provisions of the Board’s Code of Ethics and Conduct both in Board meetings and in public communications. On March 4, 2025, the member of the public submitted a supplement to the original complaint alleging further instances of such violations. The original complaint and its supplement are referred to collectively as the Complaint.
Discussion
In accordance with GP-6.5.4, Chair Estremera has determined that the Complaint articulates a sufficient basis for further consideration. In compliance with GP-6.5.5, Chair Estremera has given timely written notice of such to the accused Board Member.
Pursuant to GP-6.5.7.1, Chair Estremera requests that the Board form an Ethics and Conduct Ad Hoc Committee to address the Complaint. Chair Estremera further recommends that the Committee consist of himself and Vice Chair Santos.
If the Board approves this request, then the Committee will proceed in accordance with the provisions of GP-6.5.8 and following.
If the Board does not approve this request, then, pursuant to GP-6.5.7.5, “the Chair alone must handle the complaint following the processes” in GP-6.5.8 and following.
ENVIRONMENTAL JUSTICE AND EQUITY IMPACT:
The recommended action is not subject to environmental justice analysis.
FINANCIAL IMPACT:
There is no financial impact associated with this item. However, GP-6.5.9 authorizes the Committee (or the Chair alone if there is no Committee) to undertake an investigation, including the retention of an independent investigator, if warranted. Costs for any such investigation are not currently budgeted and may require a future budget adjustment.
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:
Attachment 1: GP-6
UNCLASSIFIED MANAGER: Manager
Board Chair Tony Estremera