BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☐ No ☒
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT: Title
Consider the October 31, 2024, Board Policy and Monitoring Committee Recommendation to Adopt the Proposed Changes to Board Governance Policy: Governance Process 6 (GP-6).
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RECOMMENDATION: Recommendation
Consider the recommendation resulting from the October 31, 2024, Board Policy and Monitoring Committee to:
A. Adopt the Proposed Changes to Board Governance Policy: Governance Process 6 (GP-6); and
B. Provide feedback and recommendations to staff as necessary.
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SUMMARY:
At its September 30, 2024, June 24, 2024, and May 15, 2024, regular meetings, the Board Policy and Monitoring Committee (BPMC) reviewed Board Governance Policy Governance Process-6 (GP-6): Board Members Code of Conduct and provided input to staff regarding potential changes to the policy. GP-6 was last revised on September 12, 2023. For reference, a copy of the existing GP-6 is included as Attachment 1.
The proposed updated GP-6 (Attachment 2) attempts to simplify and streamline the complaint process while adding clarity on areas of concern previously identified by the BPMC. A flowchart on the formal complaint process has been provided as Attachment 3 to provide an additional visual reference on the updates made.
Some of the key updates made to GP-6 include the following:
1. Defined roles of the Board Chair and Ethics and Conduct Ad Hoc Committee;
2. Outlined both a formal and an informal complaint process;
3. Complaints must be in writing and must be submitted to the Clerk of the Board who will submit them to the Chair (or Vice Chair where the Chair is the subject of the complaint or is the complainant) with informational copies to the CEO and District Counsel;
4. Complaints can be made for violations of the Board of Directors Code of Ethics and Conduct, Governance Policies, and local, state and/or federal law;
5. The Chair evaluates complaints to evaluate whether there is a sufficient basis for further action;
6. Clarified what complaint and investigation details should be made public;
7. Once the investigation is completed, only the Ethics and Conduct Ad Hoc Committee may possess and review the full investigation report (executive summary with redactions to be made public);
8. For public censure hearings, the accused Board member shall be entitled to representation of counsel at their own expense, shall be given a reasonable amount of time to respond to the charges verbally and/or in writing and may present voluntary witnesses (no right to cross-examine witnesses);
9. In addition to or instead of admonition, sanction, or censure, the Board may prescribe other measures to address misconduct pursuant to a majority vote; and
10. Updated definitions for Admonition, Sanction, and Censure.
The BPMC recommends the Board adopt the proposed changes to Board Governance Policy Governance Process-6 (GP-6): Board Members Code of Conduct. If adopted by the Board, the updated version is intended to fully replace the existing GP-6 policy in its entirety.
ENVIRONMENTAL JUSTICE AND EQUITY IMPACT:
There are no environmental justice and equity impacts associated with updating GP-6. This action is unlikely to or will not result in human health or environmental effects and is not associated with an equity opportunity.
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: Current GP-6
Attachment 2: Updated GP-6
Attachment 3: GP-6 Flowchart
*Handout 5.4-A: Current GP-6, Redlined
UNCLASSIFIED MANAGER: Manager
Rick Callender, 408-630-2017