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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