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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 Page 1 of 3 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 Page 3 of 3 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.