HomeMy WebLinkAboutPolicy 40 - Ethics PolicyOTAY WATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject Policy
Number
Date
Adopted
Date
Revised
ETHICS POLICY 40 11/27/01 11/02/22
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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 policy also outlines responsibilities and best practice
recommendations for the use of electronic communication and
social media by the Board and individual Board members in their
capacity as elected officials. The Board of Directors is
committed to open communications with its constituents via the
use of available and online technologies within the limits of the
law and the Brown Act.
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 Matters
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 Board President first
authorizes such disclosure by the affirmative vote of three (3)
members or the majority.
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
OTAY WATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject Policy
Number
Date
Adopted
Date
Revised
ETHICS POLICY 40 11/27/01 11/02/22
Page 2 of 3
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 (3) members or the majority.
4.Conduct During Negotiations/Litigation
The Board of Directors is authorized to provide direction to
specifically identified negotiators in a legally constituted
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 the 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 or electronic 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. Any type of communication concerning
only the status of a pending matter shall not be regarded as an
ex parte communication.
Any written, electronic (including social media), or oral ex
parte communication received by a member of the Board in matters
where all interested parties are entitled to an equal opportunity
OTAY WATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject Policy
Number
Date
Adopted
Date
Revised
ETHICS POLICY 40 11/27/01 11/02/22
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for a hearing, shall be made a part of the record by the
recipient.
a.Social Media or Online Technology Communications Definition
“Social Media” are third-party hosted online technologies
that facilitate social interactions and dialogue. These
online technologies are operated by non-District hosted
services and may include, but are not limited to social
networking sites (Twitter, Facebook, LinkedIn, Instagram,
Myspace), micro-blogging tools (Twitter, RSS feeds),
audiovisual networking sites (YouTube, Flickr), blogs, etc.
b.Social Media or Online Technology General Usage
Social media may be used by the Board and/or individual
board members to communicate with the public. Directors
shall make every effort to ensure that their electronic
communications conform to the same standards and protocols
established for other forms of communication (Government
Code Section 54952.2, Assembly Bill 992, Brown Act, District
ordinances, etc.) which includes but is not limited to:
applicable record retention laws; the use of digital icons
and reactions as means of communication; blocking accounts
or access, etc. The content and tenor of online
conversations, discussions, and information posts should
model the same professional behavior displayed during Board
or community meetings. To the extent possible, electronic
communications regarding any district-related business shall
be transmitted through a district approved account. Examples
of business that may not be conducted through unapproved
social media include but are not limited to: making policy
decisions, official public noticing, and discussing items of
legal or fiscal significance that have not previously been
released to the public.
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 (3) members or the majority 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.