BOARD AGENDA MEMORANDUM
Government Code ? 84308 Applies: Yes ? No ?
(If "YES" Complete Attachment A - Gov. Code ? 84308)
SUBJECT: Title
Complaint Against a Board Member.
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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,...
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