BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☐ No ☒
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT: Title
Complaint Against a Board Member.
End
RECOMMENDATION: Recommendation
Pursuant to GP-6.5.7.1, consider the request of Vice Chair Santos to form an Ethics and Conduct Ad Hoc Committee to timely address a complaint against a Board Member.
Body
SUMMARY:
Background:
Pursuant to GP-6.5.1: “Anyone may bring a formal complaint against a Board member for misconduct in accordance with this section.”
Pursuant to GP-6.5.2: ““Vice Chair” is substituted for “Chair” throughout this section 6.5 where Chair is the subject of the complaint or is the complainant.”
Pursuant to GP-6.5.6: “The Chair may, but is not required to, attempt informal resolution of a complaint with the complainant and the accused Board member.”
Pursuant to GP-6.5.7.1: “If informal resolution is unsuccessful or is not attempted, the Vice 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 Vice Chair shall nominate an additional member for the Committee which shall consist of the Vice Chair and one other. The Vice Chair’s request shall be agendized for a public meeting of the Board of Directors.”
Pursuant to GP-6.5.7.2: “The Board shall consider the Vice Chair’s request and nomination and must approve it before the Committee can formally convene and take action on the complaint.”
The Governance Policies of the Board prioritize the rights of complainants and witnesses to ensure they are respected.
Specifically, GP-6.5.7.3 states:
“For the public meeting on the Vice 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 provides:
“For the public meeting on the Vice 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 September 22, 2025, a formal written complaint was submitted against a Board member. The complaint generally accuses the Board member of discrimination and a hostile workplace.
If the Board approves this request, then the Committee will proceed in accordance with the provisions of GP-6.5.8 and continue following the Governance Policies of the Board.
If the Board does not approve this request, then, pursuant to GP-6.5.7.5, “the Vice Chair alone must handle the complaint following the processes” provided for in the Governance Policies of the Board.
ENVIRONMENTAL JUSTICE IMPACT:
The recommended action is not subject to environmental justice analysis.
FINANCIAL IMPACT:
There is no financial impact associated with this item at this time. However, GP-6.5.9 authorizes the Committee (or the Vice 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
Vice Chairperson Richard Santos