HomeMy WebLinkAbout05-24-2017 Steering Committee Agenda Packet-Supplemental.pdf Orange County Sanitation District Wednesday, May 24, 2017
Regular Meeting of the 5:00 P.M.
STEERING COMMITTEE Administration Building
Conference Rooms A & B
10844 Ellis Avenue
Fountain Valley, CA 9270E
(714) 593-7433
SUPPLEMENTAL
AGENDA
The following item will be added to the Agenda:
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS,
IF ANY:
5. CLOSED SESSION ATTENDANCE BY DIRECTORS SERVING ON THE
BOARD OF AN ADVERSE PARTY (Jim Herberg)
RECOMMENDATION: Recommend to the Board of Directors to: Rescind
Resolution No. OCSD 17-07, entitled: "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".
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing
Supplemental Agenda was posted outside the main gate of the District's Administration Building located at
10844 Ellis Avenue, Fountain Valley, California not less than 72 hours prior to the meeting. Dated this 19'
day of May 2017.
T yjq-
Tina Knapp, CMC
Deputy Clerk of the Board
STEERING COMMITTEE Meeting Date To ad.of oil
05/24/17 05/24/17
AGENDA REPORT Item Number Item Number
s
Orange County Sanitation District
FROM: James D. Herberg, General Manager
SUBJECT: CLOSED SESSION ATTENDANCE BY DIRECTORS SERVING ON THE
BOARD OF AN ADVERSE PARTY
GENERAL MANAGER'S RECOMMENDATION
Rescind Resolution No. OCSD 17-07 entitled: "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".
BACKGROUND
The Board of Directors (Board) adopted Resolution No. OCSD 17-07 at its regular
meeting held on April 26, 2017.
PROBLEM
Subsequent to adoption of Resolution No. OCSD 17-07, issues have been brought forth
from members of the Board concerning the resolution's scope and impact on a Director's
ability to participate in closed sessions.
PROPOSED SOLUTION
Rescind Resolution No. OCSD 17-07.
TIMING CONCERNS
It is desired to resolve the issues caused by the resolution in a timely manner.
PRIOR COMMITTEE/BOARD ACTIONS
April 26, 2017 - Adopted Resolution No. OCSD 17-07, "A Resolution of the Board of
Directors of Orange County Sanitation District Establishing Requirements for Attendance
at Closed Sessions by Directors Who Simultaneously Serve on the Governing Body of an
Adverse Party'.
ATTACHMENT
The following attachment(s) is attached in hard copy and may be viewed on-line at the OCSD website
(www.ocsd.com) with the complete agenda package:
• Resolution No. OCSD 17-07
Page 1 of I
RESOLUTION NO. 00SD 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 goveming 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
1z 14.1
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
goveming 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. eboum, PLS
Board Chairman
ATTE T:
Kelly A. o e, CMC
Clerk of tbb Board
APPROVED AS TO FORM:
Bradley R. Ho in
General Counsel
Orange County Sanitation District
OCSD 17-07-2
1z 14.1
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 Wanks
ABSTENTIONS: None
ABSENT: Hawkins; Tinajero; and Withers
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the official seal of
Orange County Sanitation District this 26th day of April 2017.
dw'68u�
Kelly o e, CMC
Clerk of Board of Directors
Orange County Sanitation District
OCSD 17-07-3
1240014A