Chapter 1.80
BOARD MEETINGS AND RULES – CLAIMS PROCEDURES
Sections:
1.80.020 Rate of compensation and travel reimbursement.
1.80.050 Procedures for appeal.
1.80.010 Board meetings.
A. Regular Board Meetings. Regular meetings of the Board of Directors of the Dublin San Ramon Services District shall be held on the first and third Tuesdays of each month at the time established by resolution of the Board, except when such Tuesday is a holiday of the District. Regularly scheduled meetings which fall on a holiday shall be held on the following Wednesday or held on a day agreed upon by the Board. Regular meetings of the Board of Directors shall be held in the board room, located at the District Administrative Offices, 7051 Dublin Boulevard, Dublin, California.
B. Special Meeting. A special meeting of the Board of Directors may be called at any time by the president, or by a majority of the members of the Board, by delivering personally, or by mail, written notice to each member of the Board and to each local newspaper of general circulation, radio or television station which has filed with the District Secretary a written request for such notice. The notice must be delivered at least 24 hours before the time of the meeting as specified in the notice. The notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at a special meeting. The written notice may be dispensed with as to any member of the Board who, at or before the time the meeting convenes, files with the District Secretary a written waiver of notice, which may be given by telegram or substantially equivalent electronic transmission. Written notice may also be dispensed with as to any Board member who is actually present at the meeting at the time it convenes. The call and notice shall be posted at least 24 hours before the special meeting in a location which is freely accessible to members of the public.
C. Adjourned Meeting. The Board of Directors may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment. Less than a quorum may so adjourn from time to time. If all members are absent from any regular or adjourned regular meeting, the District Secretary may declare the meeting adjourned to a stated time and place and he or she shall cause a written notice of the adjournment to be given in the same manner as provided for special meetings, unless such notice is waived as provided for special meetings. The copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the board room or such other place where the regular, adjourned regular, special or adjourned special meeting was held within 24 hours after the time of the adjournment. When a regular or adjourned regular meeting is adjourned as provided in this subsection, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings by this section.
D. Open Meeting Law. All Board meetings shall be conducted in accordance with the Ralph M. Brown Act (California Government Code Section 54950 et seq.). Pursuant to Section 54954.3, presentations by members of the public at Board or committee meetings may be limited to three minutes or such other period that the Board or committee may determine in its discretion. [Ord. 251, 1992; Ord. 270, 1996; Ord. 273, 1997; Ord. 308, 2005; Ord. 327, 2010.]
1.80.020 Rate of compensation and travel reimbursement.
A. Rate of Compensation. Members of the Board of Directors shall receive compensation in an amount established by separate ordinance or resolution of the Board of Directors, consistent with California Water Code Section 20202. Members shall receive compensation for such occurrences (or days of service) as are authorized by statute and in accordance with policies adopted from time to time by ordinances or resolutions enacted by the Board of Directors, not to exceed a total of 10 occurrences or days of service in any calendar month, together with expenses incident to the occurrence or service.
B. Travel Reimbursement. Members of the Board shall be reimbursed for actual and necessary travel and incidental expenses incurred in accordance with applicable statutory provisions and with policies adopted from time to time by ordinances or resolutions enacted by the Board of Directors. [Ord. 270, 1996; Ord. 273, 1997; Ord. 327, 2010.]
1.80.030 Public hearings.
In each situation in which a hearing is required by law to be held before the Board of Directors, such hearing shall proceed in accordance with the requirements of the law requiring the hearing. Nothing in the preceding sentence shall be construed to create a right in any person to appear, to make an oral presentation, or to present testimony or evidence except to the extent required by law. Nor shall this section be construed to affect the appropriate standard of judicial review, or to place any limitation on the subject matter for which a hearing may be held by the Board of Directors in the absence of a legal requirement therefor.
Unless the Board determines in its discretion to adopt a different procedure, the order of presentation for a public hearing shall be as follows. The hearing shall commence with a presentation by the General Manager or District staff. Thereafter, any member of the public shall make his or her presentation, subject to applicable time limitations. Thereafter, the General Manager or District staff may, at the discretion of the Board, make a further presentation. Strict rules of evidence shall not apply to the presentation of evidence; provided, that any relevant facts may be admitted into evidence at the discretion of the Board. The Board shall determine the weight and credibility of the evidence. A record of the hearing shall be prepared upon the request, and at the expense, of the person who requested the record. Thereafter, copies of the record will be available upon request in accordance with Chapter 1.40 DSRSDC, Public Records. Nothing herein shall be construed to require the preparation of a written decision in addition to the minutes of the pertinent Board meeting or the making of any findings. [Ord. 327, 2010.]
1.80.040 Claims procedures.
A. Authority. This procedure is established pursuant to Section 935 of the California Government Code.
B. Claims Required. All claims against the District for money or damages not otherwise governed by the Government Claims Act, California Government Code Sections 900 et seq., or another state law (hereinafter in this section, “claims”) shall be presented within the time, and in the manner, prescribed by Part 3 of Division 3.6 of Title 1 of the California Government Code (commencing with Section 900 thereof) for the claims to which that part applies by its own terms, as those provisions now exist or shall hereafter be amended, and as further provided by this section.
C. Form of Claim. All claims shall be made in writing and verified by the claimant or by his or her guardian, conservator, executor or administrator. No claim may be filed on behalf of a class of persons unless verified by every member of that class as required by this section. In addition, all claims shall contain the information required by California Government Code Section 910.
D. Claim Prerequisite to Suit. In accordance with California Government Code Sections 935(b) and 945.6, all claims shall be presented as provided in this section and acted upon by the District prior to the filing of any action on such claims, and no such action may be maintained by a person who has not complied with the requirements of subsection (B) of this section, Claims Required.
E. Suit. Any action brought against the District upon any claim or demand shall conform to the requirements of Sections 940 through 949 of the California Government Code. Any action brought against any employee of the District shall conform with the requirements of Section 950 through 951 of the California Government Code. [Ord. 327, 2010.]
1.80.050 Procedures for appeal.
A. Notice of Appeal to General Manager – Time for Filing. Any person aggrieved by a determination under any section of this code made by the District Engineer may appeal that determination to the General Manager in accordance with the provisions of this section, and, if applicable, DSRSDC 5.20.510, Appeals. To appeal a determination referenced in the preceding sentence, the person shall file with the General Manager, within 10 days after notice of such determination is delivered or mailed to that aggrieved person, a written notice of appeal requesting the General Manager to reconsider or overrule the determination. The notice of appeal shall specify each ground of the appeal, referencing, if applicable, DSRSDC 5.20.510, Appeals, and provide a mailing address for service of notices and other information pertaining to the appeal.
B. Action by General Manager on Appeal. The General Manager shall serve the aggrieved person, either personally or by United States mail, written notice of the time and date when the appeal will be considered by the General Manager, including any continuations thereof. The General Manager will act on the appeal after reviewing the record of the determination and the written notice of appeal, and such other information that he or she believes is necessary to review the determination. Nothing in this section shall be construed to require that the General Manager hold a hearing or take any evidence.
C. Notice of Appeal to Board – Time for Filing. Any person aggrieved by a determination under any section of this code made by the General Manager may appeal that determination to the Board in accordance with the provisions of this section. To appeal a determination referenced in the preceding sentence, the person shall file with the District Secretary, within 10 days after notice of such determination is delivered or mailed to that aggrieved person, a written notice of appeal requesting the Board to reconsider or overrule the determination. The notice of appeal shall specify each ground of the appeal and provide a mailing address for service of notices and other information pertaining to the appeal.
D. Notice of Hearing Before Board. The District Secretary shall serve the aggrieved person, either personally or by United States mail, written notice of the time and date of the Board meeting at which the appeal will be considered, including any continuations thereof. For good cause, the Board may continue the matter from time to time for a period not to exceed 60 days from the filing of the written notice of appeal.
E. Action on Appeal to Board. The Board will act on the appeal after reviewing the record of the determination and the written notice of appeal, and such other information that the Board believes is necessary to review the determination. Nothing in this section shall be construed to require that the Board hold a hearing or take any evidence.
F. Exclusion. The provisions of this section do not apply to proceedings for civil liability and civil penalties under California Government Code Section 54740 et seq., authorization for which is provided in DSRSDC 5.20.520, Civil liability, administrative complaint, penalties and costs. [Ord. 327, 2010.]