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/
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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
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Agenda Item 5
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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
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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.
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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
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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
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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
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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.