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HomeMy WebLinkAboutMinutes - EVWD Board of Directors - 12/18/2014 Minutes: 12/18/14 etb Subject to approval EAST VALLEY WATER DISTRICT December 18, 2014 SPECIAL BOARD MEETING MINUTES The Chairman of the Board called the meeting to order at 9:00 a.m. CFO Brian Tompkins led the flag salute. PRESENT: Directors: Carrillo, Coats, Coleman, Morales, Shelton ABSENT: Directors: None STAFF: John Mura, General Manager/CEO; Brian Tompkins, Chief Financial Officer; Justine Hendricksen, District Clerk; Eileen Bateman, Sr. Administrative Assistant LEGAL COUNSEL: Jean Cihigoyenetche, Richard Clouse, Katharine Spaniac GUEST(s): Members of the public PUBLIC COMMENTS Chairman Morales declared the public participation section of the meeting open at 9:01 a.m. Chairman Morales read a letter he received from Ms. Miller which included support of the Board Handbook and Board training with expense reports and professional conduct; he stated that the expectation of the meeting is to promote high ethical standards, increase public confidence, go above and beyond the minimum requirements, and to provide all Board Members and staff mandatory AB1825 and AB1234 training. There being no further written or verbal comments, the public participation section was closed. SEXUAL HARASSMENT PREVENTION TRAINING (AB1825) Legal Counsel Richard Clouse and Katharine Spaniac provided examples of sexual harassment in the workplace including Quid Pro Quo and Hostile Work Environment, how to recognize sexual harassment, guidelines on what constitutes a hostile environment, employer liability for supervisors, co-workers and non-employees; how to prevent harassment by designing and implementing an effective policy and providing training to all employees and the duty of the employer to investigate claims. Chairman Morales stated that the District’s Harassment, Discrimination and Retaliation Policy is for the protection of the employee; that it is the District’s duty to investigate any complaint. The Chariman opened the meeting for comments and encouraged the Minutes: 12/18/14 etb 2 Board to ask questions if they don’t fully understand what was provided in this sexual harassment prevention training session. Director Carrillo thanked Legal Counsel for this training session and that he understands the information from this session. Vice Chairman Coats stated that he completely understands what was provided in this training session. Director Coleman apologized for missing a few minutes of the presentations, that he finds the presentation very interesting, that the person being accused has little or no defenses and that he is concerned that by just greeting someone or being pleasant you can be accused of sexual harassment. Director Shelton had no comment at this time. Chairman Morales stated that the Board has reviewed in detail the Harassment Policy; that each Board Member had the opportunity to ask questions and clarify understandings of policy and that personally this was a significantly more informative method of training. Legal Counsel clarified that when someone is accused of harassment it does not necessarily mean that there is no defense but a thorough investigation needs to be completed, that in the event of an accusation take the opportunity to look closer and evaluate your behavior for possible adjustments. The Board took a lunch break at 11:00 pm. The Board returned to open session at 12:40 pm. ETHICS AND PUBLIC COMPLIANCE TRAINING (AB1234) Legal Counsel Jean Cihigoyenetche presented information regarding the general Laws, Principles and Resources for Ethics and Public Service; he stated that the session objectives are to familiarize the Board with laws that govern your service and when to ask questions, encourage you to think beyond legal restrictions and provide tools for doing so and to help with the compliance of AB 1234 requirements; he encouraged the board members to be mindful as elected officials how they conduct themselves here and elsewhere. He included clarification of the difference between ethics and ethics laws, morals and keeping the public’s trust with a higher standard of behavior, he discussed the laws regarding personal financial gain including compensation and reimbursements on expense reports, use of public resources issues and gift rules and limits, transparency laws, financial interest disclosure, conducting business in open and publicized meetings and public records. After the presentation he answered questions from the Board Members. Chairman Morales encouraged the Board to ask any questions to clarify their understanding of this ethics training. Minutes: 12/18/14 etb 3 Director Carrillo stated that he has a better understanding of the District’s expense report. Vice Chairman Coats inquired that if he personally decided to only charge mileage from meeting he attended that were over 50 miles away and clarified that it is not a requirement to charge mileage if you chose not to do so. Director Shelton stated that this was a wonderful presentation and was glad to have the mileage information explained. Director Coleman inquired about a non-compensable hobby while at a function other than for the District; and stated that he had no idea that by saying “Merry Christmas” would cause such a problem. Legal Counsel stated that although you may think a simple action or statement is appropriate, it can be perceived differently by others and to keep hobbies separate. Chairman Morales thanked everyone attending the training; that the expectation of the Board is to set the bar and meet a standard of expectation. He asked if any of the Board Members were unclear with any of portions of the training and if so, they are now aware of where to get the answers. ADJOURN The meeting adjourned at 2:51 pm. _________________________ James Morales, Jr., Chairman ____________________ John J. Mura, Secretary