BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☐ No ☒
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT:
Title
Conduct a Public Hearing as Directed at the October 13, 2026 Board Meeting to Consider Continued Censure for Misconduct Substantiated in the September 28, 2026, Executive Summary of the Investigation of a Board Member Complaint; and Adopt a Resolution by the Santa Clara Valley Water District Board of Directors Providing for the Continued Censure of Director Rebecca Eisenberg to Supplement Resolution 24-10.
End
RECOMMENDATION:
Recommendation
A. Conduct a public hearing as directed at the October 13, 2026 Board meeting to consider continued censure for misconduct substantiated in the September 28, 2026, Executive Summary of the Investigation of a Board Member Complaint; and
B. Adopt the Resolution THE SANTA CLARA VALLEY WATER DISTRICT BOARD OF DIRECTORS PROVIDING FOR THE CONTINUED CENSURE OF DIRECTOR REBECCA EISENBERG to Supplement Resolution 24-10.
Body
SUMMARY:
At the October 13, 2026, Board meeting, the Board accepted the September 28, 2026 Executive Summary of the Investigation of a Board Member Complaint as the Board Ethics and Conduct Ad Hoc Committee’s (Committee) findings. At that meeting, the Board set a public hearing for October 27, 2026, to consider the continued censure of Director Rebecca Eisenberg. Director Eisenberg was provided with the Executive Summary report on October 7, 2026.
This Public Hearing to consider censure will be followed pursuant to GP 6.5.16 Special Rules Regarding Recommendations for Censure.
Per GP 6.5.16.1 A hearing will be scheduled at a public meeting and the public meeting must be scheduled to provide the accused Board member adequate time to prepare a defense.
Per GP 6.5.16.2 The accused Board member will have the opportunity to respond to the Committee’s recommendation(s) and the accusations against him or her verbally and/or in writing before any Board vote on the matter.
Per GP 6.5.16.3 The accused Board member shall be given a reasonable amount of time to respond, taking into account the number of charges, the complexity of the charges, and any issues or questions raised during Board discussion on the matter.
Per GP 6.5.16.4 The accused Board member may present voluntary witnesses within the time prescribed but cannot compel the appearance or testimony of unwilling witnesses.
Per GP 6.5.16.5 The accused Board member will be entitled to representation of counsel at their own expense.
Per GP 6.5.16.6 The Chair will preside at the public hearing.
Per GP 6.5.16.7 The rules of evidence will not apply to the hearing of the matter, which is not a formal adversarial proceeding.
Per GP 6.5.17 A majority of the Board shall be required to approve any final action on Committee recommendations, but a 2/3 majority shall be required to approve a recommendation for censure. On March 14, 2024, the Board approved Resolution 24-10, The Santa Clara Valley Water District Board of Directors Providing for the Censure of Director Rebecca Eisenberg. The Committee recommends a resolution to continue the censure.
Per GP 6.5.18 In addition to or in lieu of admonition, sanction, or censure, the Board may approve other measures to address misconduct by a Board member and shall retain discretion on what measures to impose. A majority of the Board shall be required to approve such measures.
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:
Attachment 1: Executive Summary Report
Attachment 2: Resolution
UNCLASSIFIED MANAGER:
Manager
Candice Kwok-Smith, 408-630-3193