HomeMy WebLinkAboutOCSD 17-07 (RESCINDED) RESOLUTION NO. OCSD 17-07
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
ORANGE COUNTY SANITATION DISTRICT ESTABLISHING
REQUIREMENTS FOR ATTENDANCE AT CLOSED SESSIONS
BY DIRECTORS WHO SIMULTANEOUSLY SERVE ON THE
GOVERNING BODY OF AN ADVERSE PARTY
WHEREAS, pursuant to the Brown Act, the Orange County Sanitation District (the
"District") Board of Directors(the"Board")can, and regularly does, meet in closed session
with legal counsel to discuss potential and pending litigation. The ability to meet in closed
session protects the District's interest by encouraging open and frank discussions
between the Board and legal counsel outside the presence of the adverse party; and
WHEREAS, each District Board member simultaneously serves on the governing
body of his or her member agency. Some District Board members also simultaneously
serve on the governing bodies of other agencies, as authorized by law; and
WHEREAS, on rare occasion, potential or pending litigation may involve another
public agency whose governing board includes one or more District Board members; and
WHEREAS, the District's interest in any potential or pending litigation could be
severely compromised if a member of the governing body of an adverse party were to
attend a District closed session and thereby obtain confidential attorney-client
communications regarding the case, and
WHEREAS, the Board desires to protect the District's interest by prohibiting the
attendance at closed session of any Director who sits on the governing body of the
adverse party, unless the Director disqualifies himself or herself from any involvement in
the matter in his or her capacity as a member of the governing board of the adverse party;
OCSD 17-07-1
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NOW, THEREFORE, the Board of Directors of the Orange County Sanitation
District, DOES HEREBY RESOLVE, DETERMINE AND ORDER:
Section 1. In the event that the District Board holds one or more closed sessions
to discuss potential or pending litigation with an adverse party, any Director who serves
on the governing board of the adverse party shall not attend the closed sessions unless
and until he or she makes the election described in Section 2.
Section 2. Any Director who serves on the governing board of an adverse party
with respect to potential or pending litigation may elect to disqualify himself or herself from
any involvement in the matter whatsoever in his or her capacity as a member of the
governing board of the adverse party. Without limiting the foregoing, any Director who
makes this election shall not, in his or her capacity as a member of the governing board
of the adverse party, vote on the matter, attend open or closed session on the matter,
discuss the matter with any officials or employees of the adverse party orally or in writing,
or attempt to influence the adverse party's actions relating to the matter.
PASSED AND ADOPTED at a regular meeting held April 26, 2017
regory C. ebourn, PLS
Board Chairman
ATTE T:
Kelly A. Uoe, CMC
Clerk ofBoard
APPROVED AS TO FORM:
Bradley R. Ho in
General Counsel
Orange County Sanitation District
OCSD 17-07-2
1240014.1
STATE OF CALIFORNIA )
ss
COUNTY OF ORANGE )
I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation District,
do hereby certify that the foregoing Resolution No. OCSD 17-07 was passed and adopted
at a regular meeting of said Board on the 26th day of April 2017, by the following vote, to
wit:
AYES: Bernstein; Collacott; Deaton; Ferryman; Kim; Kring
(Alternate); Krippner; Nagel; Parker; Peotter; Peterson
(Alternate); Sebourn; Shawver; F. Smith; T. Smith; and Yarc
NOES: Jones; R. Murphy; Shaw; Steel; Wagner; and Wanke
ABSTENTIONS: None
ABSENT: Hawkins; Tinajero; and Withers
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
Orange County Sanitation District this 26th day of April 2017.
dw,6 -8u'�
Kelly o e, CIVIC
Clerk of Board of Directors
Orange County Sanitation District
OCSD 17-07-3
1240014.1