Loading...
HomeMy WebLinkAbout08-21-20 Board Packet 1 OTAY WATER DISTRICT SPECIAL MEETING OF THE BOARD OF DIRECTORS DISTRICT BOARDROOM AND BY TELECONFERENCE 2554 SWEETWATER SPRINGS BOULEVARD SPRING VALLEY, CALIFORNIA FRIDAY August 21, 2020 2:00 P.M. AGENDA 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA 4. PUBLIC PARTICIPATION – OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO SPEAK TO THE BOARD ON ANY SUBJECT MATTER WITHIN THE BOARD'S JURISDICTION BUT NOT AN ITEM ON TODAY'S AGENDA This meeting is being held via teleconference. Members of the public may submit their comments on agendized and non-agendized items by either of the following two methods: a) No later than a half hour before the start of the meeting, complete the Re-quest to Speak form and email it to boardsecretary@otaywater.gov. Your request to speak will be acknowledged during the “Public Participation” por-tion of the meeting when the board will hear your public comment. When called to speak, please state your Name and the City in which you reside. You will be provided three minutes to speak. OR b) No later than a half hour before the start of the meeting, email your comment to boardsecretary@otaywater.gov and it will be read aloud during the “Public Participation” portion of the meeting. Please provide your Name and the City in which you reside, with your comment. Your comment must not take more than three minutes to read. The District’s meeting is live streamed. Information on how to watch and listen to the District’s meeting can be found at this link: https://otaywater.gov/board-of-directors/agenda-and-minutes/board-agenda/ 2 ACTION ITEM 5. ADOPT RESOLUTION NO. 4386 A RESOLUTION OF THE BOARD OF DIREC-TORS OF THE OTAY WATER DISTRICT TO CENSURE DIRECTOR HECTOR GASTELUM FOR OFFICIAL MISCONDUCT 6. ADJOURNMENT All items appearing on this agenda, whether or not expressly listed for action, may be deliberated and may be subject to action by the Board. The Agenda, and any attachments containing written information, are available at the District’s website at www.otaywater.gov. Written changes to any items to be considered at the open meeting, or to any attachments, will be posted on the District’s website. Copies of the Agenda and all attachments are also available through the District Secretary by contacting her at (619) 670-2280. If you have any disability which would require accommodation in order to enable you to participate in this meeting, please call the District Secretary at 670-2280 at least 24 hours prior to the meeting. Certification of Posting I certify that on August 19, 2020, I posted a copy of the foregoing agenda near the regular meeting place of the Board of Directors of Otay Water District, said time being at least 24 hours in advance of the special meeting of the Board of Directors (Government Code Section §54954.2). Executed at Spring Valley, California on August 19, 2020. /s/ Susan Cruz, District Secretary RESOLUTION NO. 4386 RESOLUTION OF THE BOARD OF DIRECTORS OF THE OTAY WATER DISTRICT TO CENSURE DIRECTOR HECTOR GASTELUM FOR OFFICIAL MISCONDUCT WHEREAS, the Otay Water District endeavors to foster public respect, confidence, and trust between its elected officials and the constituents whom it represents pursuant to Code of Ordinances, Board of Directors Policy, No. 40, Ethics, and WHEREAS, the Otay Water District’s elected officials are required to be independent, impartial and responsible to the people and to conduct themselves in a manner above reproach, and WHEREAS, the Otay Water District’s elected officials are expected to set an example which always demonstrates respect, confidence, and trust between themselves and the community they serve, and WHEREAS, it is the Otay Water District’s expectation that its elected officials will consistently behave in an ethical manner, show deference to those who disagree, and encourage public respect, confidence, and trust to all segments of the community they endeavor to serve, and WHEREAS, the Otay Water District (“District”) recognizes that it serves constituents of diverse backgrounds; and WHEREAS, acceptance of diversity in terms of race, ethnicity, religion, culture, gender, sexual orientation, and disability is critical to responsible leadership and citizenship; and WHEREAS, the District disapproves of and will not tolerate discrimination, bias, or prejudice on the basis of race, color, religion, ethnicity, national origin, place of birth, ancestry, native language or accent, citizenship, gender, sex, gender identity, sexual orientation, age, familial status, physical or mental disability, or other legally protected status recognized by federal, state or local laws; and WHEREAS, the District cherishes the freedom of speech as a fundamental right but recognizes that this freedom is not absolute, and is subject to both legal restrictions and standards of civility; and Page 1 of 5 Agenda Item 5 Page 2 of 5 WHEREAS, the Otay Water District’s elected officials are required to be independent, impartial and responsible to the people, and to conduct themselves in a manner above reproach, and WHEREAS, the Otay Water District’s elected officials are expected to set an example which always demonstrates respect, confidence, and trust between themselves and the community they serve; and WHEREAS, it is the Otay Water District’s expectation that its elected officials will consistently behave in an ethical manner, show deference to those who disagree, and encourage public respect, confidence, and trust to all segments of the community they endeavor to serve, and WHEREAS, the Otay Water District endeavors to foster public respect, confidence, and trust between its elected officials and the constituents whom it represents pursuant to Code of Ordinances, Board of Directors Policy, No. 40, Ethics, and WHEREAS, on March 1, 2017, the Board of Directors of the Otay Water District adopted Resolution No. 4329, in response to a series of comments that Director Hector Gastelum posted on social media in or about February 2017, which comments were considered to be derogatory and offensive in nature, and which violated the Otay Water District’s ethical values of mutual respect and inclusion, and WHEREAS, Resolution No. 4329 condemned discrimination and committed the Board of Directors of the Otay Water District to refrain from making public oral or written statements or comments in their capacities as District representatives that discriminate against persons based on any legally protected status recognized by federal, state, or local laws, and WHEREAS, on April 17, 2017, the Board of Directors of the Otay Water District adopted Resolution 4333, whereby the Board censured Director Gastelum for his reprehensible and intolerable comments to the media, on social media, and his further incendiary comments during the March 1, 2017 Board meeting and resolved further to monitor the future conduct of Director Gastelum and consider further future actions should such future actions be deemed warranted, and WHEREAS, in June and July 2020, Director Gastelum posted a series of comments on social media, which comments are considered to be derogatory and offensive in nature, and which violated the Otay Water District’s intolerance for discrimination and its ethical values of mutual respect and inclusion, and Page 3 of 5 WHEREAS, on July 9, 2020, at a Special Board Meeting, the Board adopted Resolution. 4385 to, among other things, reaffirm the Board’s commitment to ensure that all constituents of the Otay Water District are treated with respect and integrity, and the Board again censured Director Gastelum for his reprehensible, offensive, and intolerable comments on social media, and resolved further to monitor the future conduct of Director Gastelum and consider further future actions should such future actions be deemed warranted, and WHEREAS, Resolution 4385 committed the Board of Directors of the Otay Water District to refrain from making public oral or written statements or comments in their capacities as District representatives that discriminate against persons based on any legally protected status recognized by federal, state, or local laws, and WHEREAS, following upon the adoption of Resolution 4385, Board President Gary Croucher, removed Director Gastelum from his Committee assignments, and WHEREAS, during the July, 9, 2020 Special Meeting of the Board of Directors of the Otay Water District, Director Gastelum stated that he wished to apologize for the tone, frustration, and aggression of his social media posts in June and July 2020, and that for the rest of his life he will atone for the postings, and. WHEREAS, barely a month later, on August 12, 2020, Director Gastelum posted a series of comments on social media, which are inappropriate by any standard of decency and civility. The specific comments posted by Director Gastelum were directed at the Vice Presidential nominee, who is a woman, and are, derogatory, and unacceptable in nature; and WHEREAS, by this Resolution the Board of Directors once again finds it necessary and prudent to publicly acknowledge that Director Gastelum’s public behavior is reprehensible and intolerable, and WHEREAS, by this Resolution the Board of Directors desires again to reinforce its commitment to mutual respect and inclusivity of all constituents of its diverse community, and WHEREAS, Director Gastelum’s seat on the Otay Water District Board is up for reelection in November 2020, and WHEREAS, the Board of Directors anticipates that Director Gastelum’s shameful and inexcusable conduct will continue at least until the elections take place in November 2020, and WHEREAS, the Board of Directors acknowledges that Director Gastelum’s misconduct has interfered and continues to interfere with the business of the Otay Water District. Page 4 of 5 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Otay Water District that the above stated recitals are incorporated herein by reference; and IT IS RESOLVED FURTHER that Director Gastelum’s comments on social media have again demonstrated that he is not impartial and responsible to the people he represents, and he has not conducted himself in a manner above reproach; and IT IS RESOLVED FURTHER that the Board of Directors hereby reaffirms its commitment to ensuring that all constituents of the Otay Water District be treated with respect and integrity, and IT IS RESOLVED FURTHER that Director Gastelum’s recent comments on social media do not set an example or the tone for demonstrating respect, confidence, and trust between the District, and the community it serves, and IT IS RESOLVED FURTHER that Director Gastelum’s recent comments on social media have demonstrated that he has not conducted himself in a professional manner, or shown deference to those who disagree with him, and he has failed to encourage public respect, confidence, and trust, and IT IS RESOLVED FURTHER that Director Gastelum’s recent comments on social media were reprehensible and intolerable, and they violated the Otay Water District’s ethical values of mutual respect and inclusion, and IT IS RESOLVED FURTHER that Director Gastelum’s recent comments on social media violate Board of Directors Policy No. 40, Ethics Policy, and they constitute official misconduct, and IT IS RESOLVED FURTHER that Director Gastelum’s recent comments on social media constitute cause for censure, and IT IS RESOLVED FURTHER that Director Gastelum is hereby censured for his reprehensible and intolerable comments on social media, and IT IS RESOLVED FURTHER that, in the event Director Gastelum’s shameful and inexcusable conduct continues until the elections for his seat on this Board are held in November 2020 or thereafter and, in order for the Board to focus on the business of the Otay Water District, this Censure shall also apply to such misconduct. But, the Board of Directors will continue to monitor the future conduct of Director Gastelum and will consider further future actions should such future actions be deemed warranted, and Page 5 of 5 FINALLY BE IT RESOLVED that this resolution shall be in full force and effect immediately after its passage and approval. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Otay Water District at a special meeting held this 21st day of August, 2020. Ayes: Noes: Abstain: Absent: By: __________________________ President ATTEST: By: __________________________ District Secretary OTAY WATER DISTRICTBOARD OF DIRECTORS POLICY Subject Policy Number Date Adopted Date Revised ETHICS POLICY 40 11/27/01 Page 1 of 2 PURPOSE To establish an Ethics Policy to define guidelines and specific prohibitions to which elected officials of the Board of Directors of the Otay Water District must conform in pursuit of their assigned duties and responsibilities to foster public respect, confidence and trust. POLICY 1.Declaration of Policy The respected operations of democratic government emphasize that elected officials be independent, impartial and responsible to the people. It requires that they conduct themselves in a manner above reproach. It also imposes an obligation of personal integrity that will foster public respect, confidence and trust. This Ethics Policy provides the following general guidelines and specific prohibitions to which elected Otay Water District Officials must conform in pursuit of their assigned duties and responsibilities. 2.Disclosure of Closed Session Matter No member of the Otay Water District Board shall disclose to any person, other than members of the Board, General Manager, or other District staff designated by the General Manager to handle such matters of confidential District business, the content or substance of any information presented or discussed during a closed session meeting unless the District first authorizes such disclosure by the affirmative vote of three members. 3.Disclosure of Confidential Communications Except when disclosure is mandated by State or Federal law, no member of the District Board shall disclose confidential or privileged communications to any person other than members of the Board, General Manager, or other District staff designated by the General Manager to handle such matters, unless the Board of Directors first authorizes such disclosure by the affirmative vote of three members of the Board of Directors. 4.Conduct During Negotiations/Litigation The Board of Directors is authorized to provide direction to specifically identified negotiators in a legally constituted Agenda Item 5 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Number Date Adopted Date Revised ETHICS POLICY 40 11/27/01 Page 2 of 2 closed session on matters involving pending litigation, real estate negotiations and labor negotiations. If the Board of Directors, in closed session, provides such direction to its negotiators, all contact with the negotiating party or party’s representative shall be limited to and made by those individuals designated to handle the negotiations. During a pending labor negotiation, no member of the District Board shall have any contact or discussion with the negotiating party or the party’s representative regarding the subject matter of the pending negotiation. In addition, during litigation or real estate negotiations, no member of the District Board (unless they have been designated as a negotiator) shall have any contact or discussion with litigating or negotiating party or the party’s representative regarding the subject matter of the pending litigation or real estate negotiations. Nothing in this section shall prohibit Board members from receiving written communications provided they are made available to all Board members, the General Manager, or the District’s designated negotiators on an equal basis. 5. Ex Parte Communications The purpose of this provision is to guarantee that all interested parties to any matter before the Board have equal opportunity to express and represent their interests. Ex parte communications are those communications members of the Board have with representatives of only one side of a matter outside the presence of other interested parties. A communication concerning only the status of a pending matter shall not be regarded as an ex parte communication. Any written or oral ex parte communication received by a member of the Board in matters where all interested parties are entitled to an equal opportunity for a hearing, shall be made a part of the record by the recipient. 6. Violations and Penalties Any violation of this Ethics Policy by a member of the Board shall constitute official misconduct if determined by an affirmative vote of three members of the Board in an open and public meeting. In addition to any criminal or civil penalties provided by the Federal, State or other local law, any violation of the Ethics Policy shall constitute a cause for censure by the Board of Directors adoption of a Resolution of Censure.