Chapter 2.05
BYLAWS
Sections:
2.05.020 Purpose and objectives.
2.05.050 SCSD board authority.
2.05.080 Conflicts of interest.
2.05.090 Adoption and amendments.
2.05.010 Name.
The name of the commission shall be the Seaside County Sanitation District, herein known as the “SCSD.” The SCSD is organized as a special district and is governed by the applicable general laws of the state of California. (Bylaws Art. 1, 2011, 2004, 2000)
2.05.020 Purpose and objectives.
The purpose of the SCSD is to provide the services of a sanitation district to those living and working within the district’s geographical boundaries, pursuant to the applicable general laws of the state of California. (Bylaws Art. 2, 2011, 2004, 2000)
2.05.030 Membership.
A. Members. There shall be three voting members of the SCSD: the mayors, respectively, of the cities of Seaside, Del Rey Oaks, and Sand City, their alternates, or their appointees who shall be elected members of the city councils.
B. Responsibilities and Rights of Members.
1. Members must attend all SCSD meetings.
2. Members shall serve with such compensation as may be set by the SCSD board from time to time. Travel and meal expenses shall be allowable in accordance with any reimbursement policies of the SCSD board. Current compensation for board members is $100.00 per meeting or day of service, and shall be paid within 30 days of the board meeting or day of service.
3. Members shall be subject to the applicable conflict of interest rules and statutes.
4. Members shall be entitled to receive agendas, minutes and all other materials related to the SCSD, may agendize matters for discussion and action by the board, vote at meetings of the SCSD, may hold office and may serve as chairpersons of SCSD committees.
C. Terms.
1. Each member of the SCSD shall serve a term commensurate with his/her term of office as mayor/council member of his/her respective city.
2. Before any SCSD member enters into the duties of this office, he/she shall take an oath or affirmation set forth in Cal. Const., Article XX, § 3. A certified copy of the oath shall be filed in the office of the clerk of the SCSD board. (Bylaws Art. 3, 2011, 2004, 2000)
2.05.040 Meetings.
A. Location of Meetings. All district board meetings shall be held at Seaside City Hall, 440 Harcourt Avenue, Seaside, California, unless otherwise provided in the notice of a particular meeting.
B. Quorum and Voting Requirements.
1. A quorum is necessary to conduct business and make recommendations. A quorum shall be constituted by the presence of a majority of the membership.
2. A majority vote of those present is required to take any action.
3. Each member shall be entitled to one vote. Voting must be in person, or under such circumstances as are authorized by the Ralph M. Brown Act, Cal. Gov’t Code § 54950 et seq.; no proxy votes will be accepted.
4. Attendance at all meetings is recorded on a sign-in sheet and/or tape recording of the meeting. The names of members attending are recorded in the official minutes. Members are responsible for assuring that their presence is recorded.
5. The person or persons having direct administrative responsibility for the operation of the SCSD shall attend all board meetings unless excused, but shall not be entitled to vote.
C. Regular Meetings.
1. Regular Meetings and Meeting Procedure. The SCSD board shall meet on a monthly basis. The meeting shall be held on the second Tuesday of the month, at 9:30 a.m., unless changed by the chair of the board; and any meeting may be canceled not less than 72 hours before the meeting. The meeting shall be conducted in accordance with Robert’s Rules of Order (latest revised edition). All meetings will be conducted in accordance with the Ralph M. Brown Act.
2. Notice, Agenda and Supportive Materials.
a. Written notice of each regular meeting of the SCSD, specifying the time, place and agenda items, shall be sent to each member not less than seven days before the meeting.
b. The agenda shall be posted in a public notice area in accordance with the Ralph M. Brown Act not less than 72 hours prior to the meeting.
c. Supportive materials for policy decisions to be voted upon shall be mailed with the meeting notice.
d. Items which qualify as an emergency, in accordance with the Ralph M. Brown Act, can be added to the agenda at the meeting by a two-thirds vote.
D. Special Meetings. To hold a special meeting, actual advance notice of such meeting shall be given to each member of the SCSD at least 24 hours before the time of the meeting, stating the time, place and the business to be transacted, and no other business shall be considered at a special meeting. Public notice of special meetings shall be in accordance with the Ralph M. Brown Act. A special meeting may be called by the chairperson, or by a two-thirds vote of the voting membership of the SCSD. (Bylaws Art. 4, 2011, 2004, 2000)
2.05.050 SCSD board authority.
The board shall maintain the authority to:
A. Set general policy for administrative, fiscal and personnel matters, including those matters set forth by statute, ordinance or regulation;
B. Give direction to its employees and contract service providers;
C. Conduct its operations, in whole or in part, within its sole discretion, through contractual agreements with other entities or service providers. The board may contract with any public or private agency for staffing, professional or specialized services, equipment and supplies. Any such contracts shall comply with all applicable laws and regulations. (Bylaws Art. 5, 2011, 2004, 2000)
2.05.060 SCSD board duties.
Subject to the authority contained in SCSDC 2.05.050, the duties of the SCSD board shall be as follows:
A. Approve the selection and dismissal of those persons having direct administrative responsibility for SCSD operations;
B. Approve policies identifying the services to be delivered by the SCSD, the priorities to be accorded different types of services, and the locations and the hours during which services will be provided;
C. Approve, within appropriations available for such purposes, the budget for SCSD operations. The person(s) having direct administrative responsibility for SCSD operations, or their designees, shall initially prepare such budget for consideration and adoption by the board. All allocations, disbursements, or other commitment of public funds that are subject to the control, recommendations and decisions of the SCSD shall be made only upon duly agendized motions that are seconded and approved by a majority vote;
D. Develop financial priorities and strategies for the effective utilization of SCSD resources in fulfilling the district’s statutory obligations;
E. Review at least annually the effectiveness of the SCSD’s operations. Evaluation shall include, but not be limited to, utilization patterns, productivity, customer satisfaction, and achievement of SCSD goals and objectives;
F. Approve and implement a procedure for hearing and resolving customer complaints;
G. Assure compliance with all applicable federal, state and local laws and regulations;
H. Approve such other policies as are necessary and proper for the efficient and effective operation of the district;
I. Expenditure authority shall be that set forth in the applicable statutes, rules and/or regulations of the entity which contracts with the district for operations and maintenance. (Bylaws Art. 6, 2011, 2004, 2000)
2.05.070 Officers.
A. Designation. There shall be a chairperson, a first vice-chairperson, and a second vice-chairperson of the SCSD. All officers shall be elected by vote of the board. A district employee may serve as the clerk to the SCSD board. Election of officers shall be held in January after an election year.
B. Powers and Duties of Officers.
1. The chairperson shall:
a. Preside at all meetings of the SCSD.
b. Plan and carry out the agenda for each board meeting. However, each board member shall have the right to agendize subject(s) for discussion and/or action by the board.
c. Facilitate the purposes of the board by having such powers and duties as may be prescribed from time to time by majority vote of the board.
d. Address all operational or policy implementation questions in between meetings of the board, with the district engineer and/or the district manager.
e. Delegate a reasonable portion of his/her duties to the vice-chairperson.
2. The vice-chairpersons shall:
a. Assist the chairperson in his/her duties, as needed.
b. Perform the duties of the chairperson in the event of his/her absence, resignation, or inability to perform his/her duties, until such time as either the chairperson returns or a new chairperson assumes office under the provisions of these bylaws. (Bylaws Art. 7, 2011, 2004, 2000)
2.05.080 Conflicts of interest.
A. Membership. No spouse, child, parent, brother or sister by blood of a member of the board shall be an employee of the district.
B. Voting Privileges. No board member shall vote in any matter which comes before the board, or participate in any matter in which he/she is required to act in his/her capacity as a board member, when the member has or may have a direct or indirect economic interest which may be affected as a result of such action, unless by necessity. Additionally, no member shall undertake any employment, activity, or economic enterprise for compensation that is inconsistent, incompatible, in conflict with or inimical to his/her duties as a board member. (Bylaws Art. 8, 2011, 2004, 2000)
2.05.090 Adoption and amendments.
These bylaws shall be adopted and may be amended by a majority vote of a quorum of the SCSD at any regular or special meeting; provided, that in the case of amendment, written notice of the amendment shall have been submitted to each board member at least seven days prior to the meeting. (Bylaws Art. 9, 2011, 2004, 2000)
2.05.100 Adoption.
The board shall adopt bylaws. Said adoption of bylaws shall be by a majority vote of all members, at any properly noticed meeting of the district board. (Bylaws Art. 10, 2011, 2004, 2000)
2.05.110 Review.
These district bylaws shall be reviewed at least every two years for any appropriate revision(s), or more frequently if necessary. (Bylaws Art. 11, 2011, 2004, 2000)