BOARD AGENDA MEMORANDUM
SUBJECT:Title
Continuation of Report of Former Board of Directors Chairperson Nai Hsueh, Upon Review of Investigation of May 27, 2020 Complaint Filed by Rev. Jethroe Moore and Consideration of Recommendations of Current Chairperson Tony Estremera.
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RECOMMENDATION:Recommendation
A. Review and consider findings in the Executive Summary of the investigative report previously presented to the Board; and
B. Consider and provide direction to staff on Chairperson Tony Estremera's recommendations regarding selection process criteria for Board Appointed Officers and regarding complaint procedures in Board Governance Policies Governance Procedures 6.9 to 6.19.
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SUMMARY:
On May 27, 2020, Rev. Jethroe Moore submitted a complaint to Valley Water alleging that Directors Keegan and LeZotte engaged in discriminatory and retaliatory conduct with respect to CEO Rick Callender during the process for his selection to that position. Since Rev. Moore is a non-board member, the complaint was handled in accordance with the provisions of Board Governance Process 6.15 through 6.19.
Then-District Counsel Stan Yamamoto, with input from the Board Ethics and Conduct Committee, retained the services of Amy Oppenheimer, Attorney at Law, to serve as the impartial and independent investigator. Ms. Oppenheimer served as the principal investigator and was assisted by Julie M. Kennedy.
During the course of the investigation, Rev. Moore supplemented his complaint with a letter to the investigator dated August 10, 2020.
Review Process
Pursuant to Board Governance Process (GP)-6.19.3, upon the conclusion of an investigation into a complaint by a non-board member against a board member, the Chair of the Board shall be presented with the written results of the investigation. If the Chair of the Board is satisfied with the completeness of the investigation, he or she shall provide the Board with findings and any recommendations.
Following the proces...
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