Chapter 1.20
ROLE OF THE BOARD OF DIRECTORS
Sections:
1.20.020 Role of the board of directors.
1.20.030 Public representation.
1.20.040 Employee relations and discipline.
1.20.050 Use and safeguarding of district property and resources.
1.20.060 Use of legal counsel by members of the board of directors.
1.20.070 Instructions to staff.
1.20.010 Purpose.
To provide guidance to the board of directors on duties and responsibilities to the Hi-Desert Water District.
The board, except as otherwise specifically preceded by law or these rules of procedure, shall constitute the governing body of the district, and shall manage and conduct the business and affairs of the district. [Res. 08-18 § 1A 2015.1].
1.20.020 Role of the board of directors.
A. The district’s policies, mission, goals and programs are established by a majority of the board of directors at public meetings. The board will not direct management on how to implement policy but will hold management responsible if the policy of the agency is not implemented.
B. The general manager shall recommend programs to implement district policy to the board at public meetings unless instructed by the board to report to a committee or individual directors. The manager shall carry out the programs approved by the board without modification.
C. Individual directors are encouraged to inquire of the general manager as to the status of programs. The general manager shall promptly provide information requested by directors as necessary to assist in decision making and policy direction. Routine requests, orally or in writing, for readily available written information or documents shall not require formal board approval. Requests which involve other than routine collection of data from more than one source, compilation of data from one or more sources, or preparation of written reports, studies, analyses or tabulations, requiring more than two hours of staff time, shall be submitted to the board of directors by the individual director for formal approval. All directors’ requests shall be treated uniformly and responded to in a fair and courteous manner.
In the event a disagreement arises over such a request the president of the board of directors shall be consulted. The decision of the board president as to the best manner of responding to such request shall be final unless modified or reversed by a majority vote of the board of directors.
Directors shall not routinely request information from subordinate staff. Directors requesting information shall not instruct staff as to the manner of responding to such request or the performance of their duties generally. Nothing herein shall be construed as limiting any director from asking a request pursuant to the California Public Records Act.
D. The board identifies problems; the general manager assists. Staff develops programs to address problems. The board approves programs and identifies new problems for staff attention. New programs require new staff, new financing, and possibly new equipment and a new plan.
E. An individual board member has the privilege of inspecting all public records but no greater rights in the day-to-day operation of an agency than the public.
F. The board employs the general manager of the district.
G. The board appoints the secretary of the district.
H. The board defines the responsibilities of the general manager’s and delegate’s authority. The board monitors progress and redirects, if necessary.
I. The board provides the general manager with resources needed to carry out the policies and programs of the board.
J. The board adopts the district budget.
K. The board approves district head count.
L. The board establishes employee benefit programs and approves pay ranges.
M. The board establishes all rules and regulations governing employees on the job.
N. The board hires the district’s legal counsel and auditor.
O. The board approves the check register.
P. The board conveys easements and real property of the district.
Q. The board approves acquisitions and/or purchase of real property. [Res. 08-18 § 1A 2015.2].
1.20.030 Public representation.
A. Addressing the Public on Behalf of the District. Providing the board has taken action by majority vote, the board president or other designee of the board may address the public on behalf of the district. Such director or representative may expressly introduce themselves as a representative of the district or as speaking on behalf of the board of directors.
B. Addressing the Public as Individuals. When publicly expressing opinions regarding any aspect of district business, it is requested that directors state that they are expressing their own opinions and not representing the district or the board as a whole unless so directed by the board, or unless otherwise expressing official district policy as formally expressed previously by the board of directors. Directors should refrain from introducing themselves in a manner which implies they are speaking on behalf of the district, expressing official district policy or speaking on behalf of the board of directors. [Res. 08-18 § 1A 2015.3].
1.20.040 Employee relations and discipline.
All district personnel matters, including employee discipline, have been specifically designated the responsibility of the general manager by the board of directors.
A. Board members shall not, in the performance of their official functions, discriminate against or harass any person on the basis of race, religion, color, creed, age, marital status, national origin, ancestry, sex, sexual preference, medical condition or disability. A board member will not grant any special consideration, treatment, or advantage to any person or group beyond that which is available to every other person or group in similar circumstances.
B. Individual members of the board of directors shall not supervise, discipline or attempt to direct district personnel other than through the general manager or his designee, with majority approval of the board of directors.
C. Interference with district employee relations or efforts to discipline public employees of the district by individual members of the board of directors, without majority approval of the board of directors, shall be grounds for public censure and such other administrative and legal penalties as the board of directors may deem appropriate. [Res. 08-18 § 1A 2015.4].
1.20.050 Use and safeguarding of district property and resources.
Except as specifically authorized by a majority of the board, a board member will not use or permit the use of district-owned vehicles, equipment, telephones, materials or property for personal convenience or profit. A board member will not ask or require a district employee to perform services for the personal convenience or profit of a board member or employee. Each board member must protect and properly use any district assets within his or her control, including information recorded on paper or in electronic form. Board members will safeguard district property, equipment, money and assets against unauthorized use or removal, as well as from loss due to criminal act or breach of trust. [Res. 08-18 § 1A 2015.5].
1.20.060 Use of legal counsel by members of the board of directors.
In order to control legal costs, the board policy is to permit the use of district legal counsel by individual directors only as follows:
A. An individual director must consult with the general manager prior to any consultation with general legal counsel.
B. An individual director may initiate consultation with general legal counsel regarding the following:
1. A legal matter relating directly to district or board business, but not for matters of personal business to the director or matters adverse to the interests of the district or the board as a whole, except as set forth in subsection (B)(3) of this section. Consultation must be limited to relatively simple questions which relate directly to the statutory authority of the board or to procedures applicable to the board and which do not require a written opinion or significant amounts of legal or factual analysis.
2. An individual director may initiate consultation with special legal counsel regarding a legal matter relating directly to district or board business, but not for matters of personal business to the director or matters adverse to the interest of the district or the board as a whole. Such consultation may occur only with prior approval of the board.
3. Nothing in this policy shall prohibit an individual director from seeking the advice of general legal counsel on issues related to the director’s individual FPPC Form 700, or other relatively simple conflict of interest questions related to the individual director. [Res. 08-18 § 1A 2015.6].
1.20.070 Instructions to staff.
All general business of the district, including requests for information and instructions to district personnel, is to be conducted through the general manager or his designee. [Res. 08-18 § 1A 2015.7].