File #: 24-0281    Version: 1 Name:
Type: Time Certain Item Status: Agenda Ready
File created: 2/29/2024 In control: Board of Directors
On agenda: 3/14/2024 Final action:
Title: Conduct Hearing to Determine Whether to Censure Director Rebecca Eisenberg for Alleged Misconduct Set Forth in the February 2, 2024, Memorandum from Board Chair Nai Hsueh; If Censure Action is Approved, Adopt Resolution of the Santa Clara Valley Water District Providing for the Censure of Director Eisenberg For Actions of January 29, 2024; and Take Any Other Action the Board Deems Necessary or Appropriate in Response to Director Eisenberg's Alleged Misconduct.
Attachments: 1. Attachment 1: 03/02/24 Memo from CEO Callender to Chair Hsueh and Vice Chair Santos, 2. Attachment 2: 03/02/24 Memo from Chair Hsueh to Board Ethics & Conduct Ad Hoc Committee, 3. Attachment 3: Sample Resolution
BOARD AGENDA MEMORANDUM

Government Code ? 84308 Applies: Yes ? No ?
(If "YES" Complete Attachment A - Gov. Code ? 84308)

SUBJECT:
Title
Conduct Hearing to Determine Whether to Censure Director Rebecca Eisenberg for Alleged Misconduct Set Forth in the February 2, 2024, Memorandum from Board Chair Nai Hsueh; If Censure Action is Approved, Adopt Resolution of the Santa Clara Valley Water District Providing for the Censure of Director Eisenberg For Actions of January 29, 2024; and Take Any Other Action the Board Deems Necessary or Appropriate in Response to Director Eisenberg's Alleged Misconduct.


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RECOMMENDATION:
Recommendation
A. Conduct Hearing to Determine Whether to Censure Director Rebecca Eisenberg for Alleged Misconduct Set Forth in the February 2, 2024, Memorandum from Board Chair Nai Hsueh;
B. If Censure Action is Approved, Adopt RESOLUTION OF THE SANTA CLARA VALLEY WATER DISTRICT PROVIDING FOR THE CENSURE OF DIRECTOR EISENBERG FOR ACTIONS OF JANUARY 29, 2024; and
C. Take Any Other Action the Board Deems Necessary or Appropriate in Response to Director Eisenberg's Alleged Misconduct.


Body
SUMMARY:
BACKGROUND
On January 23, 2023, Chief Executive Officer (CEO) Rick Callender sent a memorandum to 2023 Board Chair Varela outlining various complaints from Santa Clara Valley Water District (Valley Water) staff, including allegations of gender-based harassment and violations of Board Governance Policies, regarding Director Rebecca Eisenberg. CEO Callender sent similar memoranda on January 26, 2023, and January 30, 2023. On February 9, 2023, CEO Callender emailed additional allegations to 2023 Board Chair Varela. On January 24, 2023, a memorandum from Director Rebecca Eisenberg, in which she alleged that Valley Water had discriminated against women, was circulated to the Board.

2023 Board Chair Varela, with input from the Board Ethics and Conduct Ad Hoc Committee, retained the services of Samantha Zutler, Esq. (Burke, Williams & Sorensen, ...

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