Policy No. GP-7 Title: Board Governance Policies Category: Proceedings
7 PROCEEDINGS OF THE BOARD OF COMMISSIONERS
7.1 INTRODUCTION. These are the rules for proceedings of meetings of the Board of Commissioners of Juniper Beach Water District. The purpose of these rules are to facilitate public participation during meetings of the Board, protect the rights of all Directors and to provide a process for conducting Board meetings in an orderly and efficient manner.
7.2 ELECTION OF OFFICERS
7.2.1 The President of the Board will be elected by the members of the Board. The election will be held at the first regular meeting in January each year.
7.2.2 The Board will elect a Secretary of the Board. The election will be held at the first regular meeting in January each year.
7.3 DUTIES OF PRESIDENT OF BOARD. The President of the Board of Commissioners will be its presiding officer. The President's duties will include, but not be limited to, the following: acting as the liaison between the Operations Manager and the Board, calling special meetings of the Board, presiding over meetings of the Board, establishing and appointing committees of the Board, and appointing representatives of the District to associations of which the District is a member.
7.4 TIME AND PLACE FOR REGULAR MEETINGS
7.4.1 The regular monthly meeting of the Board of Commissioners will be held on the third Thursday of each month commencing at 6:00pm at a site determined by the board.
7.4.2 The location, day and time for holding regular meetings may be changed by the Board of Commissioners from time to time by vote of the Board.
7.5 QUORUM REQUIREMENTS
7.5.1 Three members of the Board will constitute a quorum for the transaction of business.
7.6 MAJORITY VOTE
7.6.1 A majority of all members of the Board present at a meeting will be required to approve any ordinance, resolution or motion, unless a different voting requirement to approve a particular action is specified under State law.
7.7 CONFLICTS OF INTEREST
7.7.1 A member of the Board may not make, participate in making or in anyway attempt to use his or her official position to influence a decision of the Board of Commissioners in which he or she knows or has reason to know that he or she has a financial interest. Generally, a Director has a financial interest in a matter if it is reasonably foreseeable that the Board decision would have a material financial effect that is distinguishable from the effect on the public
7.8 Parliamentary Procedures. The JBWD Board of Commissioners will follow the “Roberts Rules of Order” Newly Revised as the means of conducting business at scheduled board meetings.
220.127.116.11 The three steps for bringing a motion before the Board are:
18.104.22.168.1 a Director makes a motion,
22.214.171.124.2 another Director seconds the motion, and
126.96.36.199.3 the President states the motion. Once the President has stated the motion, it is open to formal discussion. While only one motion can be considered at a time, and a motion must be disposed of before any other question is considered.
7.9 PROTECTION OF RIGHTS OF DIRECTORS. One of the primary purposes for these rules of procedure is to protect the rights of all Directors.
7.9.1 The President will allow each Director a reasonable opportunity to discuss a motion, after it has been made and seconded, and before it has been voted on. The President can set reasonable time limits for discussion of a motion.
7.10 AGENDA AND AGENDA MATERIALS
7.10.1 The President will be responsible for preparing the agenda for regular Board meetings and special meetings. Any member of the Board may request the President to place an item for discussion or action on the agenda. In order to allow sufficient time to prepare the agenda and back-up materials, the deadline for adding items to the agenda for a regular meeting will be at 3p.m., three working days before the meeting.
7.10.2 The public may address the Board concerning an agenda item either before or during the Board’s consideration of that agenda item.
7.11 REQUESTS FOR COPIES OF AGENDAS AND AGENDA MATERIALS.
7.11.1 Any person may request the District to mail him or her a copy of the agenda or agenda packet for any meeting of the Board. When the District receives such a request, the President will mail or hand deliver copies of the requested materials (except for documents that are exempt from disclosure under the Public Records Act) to the requesting party at the time that the agenda is posted or when the agenda packets are distributed to a majority of the Board members, whichever occurs first. Documents that are distributed to all or a majority of the members of the Board by any person in connection with a matter subject to discussion or consideration at a regular or special meeting of the Board will be disclosable public records under the Public Records Act and will be made available upon request by a member of the public without delay, except as to documents that are exempt from disclosure under the Public Records Act. Documents that are distributed during a regular or special Board meeting that are subject to disclosure under the Public Records Act will be made available for public inspection at the meeting, if prepared by the District or a member of the Board, or after the meeting, if prepared by some other person.
7.11.2 The District may charge a fee for responding to requests for copies of agendas, agenda packets or other documents.
7.12 AUTHORITY TO ACT ON MATTERS NOT ON THE AGENDA
7.12.1 The Board will take no action on or discuss any item not appearing on the posted agenda, except under the following conditions, in which cases the item will be publicly identified before discussion begins:
188.8.131.52 upon a determination by a majority of the Board that an emergency situation exists, which involves matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, including work stoppages or other activity that severely impairs public health, safety, or both, as determined by a majority of the members of the Board, or a crippling disaster that severely impairs public health, safety, or both, as determined by a majority of the members of the Board;
184.108.40.206 upon a determination by a two-third vote of the Board members present at the meeting, or, if less than two-thirds of the members of the Board are present, a unanimous vote of those members present, that the need to take immediate action became apparent after the agenda was posted; or
220.127.116.11 the item was posted for a prior meeting of the Board occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken.
7.13 CONSENT AGENDA
7.13.1 The President may list on the agenda a "consent agenda," which will consist of routine matters on which there is generally no opposition or need for discussion. Examples of consent agenda items might include approval of minutes, financial reports and routine resolutions. Any matter may be removed from the consent agenda and placed on the regular agenda at the request of any member of the Board. A single motion made, seconded and approved by the Board may approve the entire consent agenda.
7.14 ORAL INFORMATIONAL REPORTS
7.14.1 Any member of the Board may make an oral report at a regular meeting for the purpose of informing the Board of any matter of interest to the District. The Board may also call on the District staff, District contracted service providers, or District legal counsel for oral informational reports on matters not on the agenda. Unless the Board makes the determinations required there will be no more than limited discussion, and no action, on matters covered in such oral reports.
7.15 AUDIENCE PARTICPATION, PUBLIC FORUM AND COMMENT
7.15.1 Formal presentations may be made to the Board under the following rules:
18.104.22.168 Formal presentations with prior notice: Formal presentations can be placed on the agenda if prior notice to the board president is made. A formal request must be submitted to the president of the board, by the Monday before the board meeting in order that the business may be reviewed for the placement on the agenda.
22.214.171.124 Formal presentations without prior notice: If you wish to address the Board during a meeting (and have not requested the board president to place the item of business on the agenda as stated above), please arrive to the JBWD Board Meeting fifteen minutes early to complete an Audience Participation form and give it to the board president PRIOR to the beginning of the meeting.
126.96.36.199 Formal presentations may be limited to five minutes at the discretion of the president of the board .
7.15.2 Every agenda for a regular meeting will provide an opportunity for members of the public to directly address the Board on items of interest that are within the subject matter jurisdiction of the Board and that do not appear on the agenda. This agenda item will be described substantially as follows: "Comments from Audience / Opportunity for public comment on non-agenda items." During the Public Forum, the Board may briefly respond to statements made or questions posed by the public, or ask District staff for clarification, refer the matter to District staff or ask District staff to report back at a future meeting.
7.15.3 The Board will not take action on any matter raised during the Public Forum, unless the Board first makes the determinations set forth above.
7.15.4 In order to facilitate public participation during the Public Forum session of the meeting, the Board may limit the total amount of time allocated for public comment on a particular issue (ten minutes or less will normally be standard) and may limit the time allocated for public comment of an individual speaker (three minutes or less will normally be standard). The President may declare as out of order irrelevant, repetitious or disruptive comments.
7.15.5 The public may address the Board concerning an agenda item either before or during the Board's consideration of that agenda item. Three minutes or less will normally be standard for the amount of time for each individual to comment.
7.15.6 These rules are not intended to prohibit public criticism of policies, procedures, programs or services of the District, or of the acts or omissions of the Board.
7.15.7 In the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible, and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the Board may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Representatives of the press or other news media, except those participating in the disturbance, will be allowed to attend any session held pursuant to this section. Nothing in this section will prohibit the Board from readmitting an individual or individuals not responsible for disturbing the orderly conduct of the meeting.
7.16.1 A meeting of the Board will be adjourned by
188.8.131.52 loss of a quorum,
184.108.40.206 by declaration of the President that the meeting is adjourned when the agenda has been completed and there is no further business to come before the Board, or
220.127.116.11 by motion made, seconded and approved to adjourn the meeting.
18.104.22.168 A regular or special meeting of the Board may also be adjourned for the purpose of continuing it to a specific day and time
22.214.171.124.1 by motion made, seconded and approved,
126.96.36.199.2 by approval of less than a quorum if a quorum is not present, or
188.8.131.52.3 by the Secretary of the Board if all members are absent from any regular or adjourned regular meeting. A copy of the order or notice of adjournment to continue a meeting to another date will be conspicuously posted on or near the door of the District where the meeting was held within twenty-four hours after the time of adjournment.
7.17 SPECIAL MEETINGS
7.17.1 A special meeting may be called at any time by the President or by a majority of the members of the Board, by delivering personally or by any other means, including mail, facsimile and electronic mail, written notice to each member and to each newspaper, radio or television station requesting notice in writing. Such notice must be received at least twenty-four hours before the time of such meeting as specified in the notice to constitute notice of the special meeting except as to emergency meetings, Electronic mail will constitute notice of a special meeting.
7.18 BOARD WORKSHOP MEETINGS
7.18.1 From time to time, the Board may set a regular or special meeting to be conducted as a workshop meeting during which the Board would have the opportunity to receive presentations on and discuss matters identified on the agenda, but the Board would not normally take action on those items. Nothing in this rule is intended to prevent the Board from taking action on a matter during a workshop session if it is identified as an action item on the agenda for that meeting.
7.19 CLOSED SESSIONS
7.19.1 A closed session may be held on any subject authorized under the Open Meetings Act. The agenda for a regular or special meeting will contain a brief, general description of the purpose of a closed session.
7.20 AMENDMENT OF RULES
7.20.1 By motion made, seconded and approved, the Board in its discretion may at any meeting temporarily suspend these rules in whole or in part, amend these rules in whole or in part, or both.
This policy has been adopted by the Juniper Beach Water District. This policy is official and in effect, as written, unless repealed or amended at a regularly scheduled or specially called meeting of the Board.
Adoption Date: November 12, 2009
Amended: June 20, 2019