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.
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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 rig...
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