Chapter 1.25
MEETINGS AND RULES OF ORDER
Sections:
1.25.050 Compliance with the Ralph M. Brown Act (Government Code Section 54950 et seq.).
1.25.070 Rules of proceedings.
1.25.080 Public safety during board meetings.
1.25.090 Civility during board meetings.
1.25.110 Public comments and directors’ reports/comments.
1.25.010 Regular meetings.
The regular meetings of the Hi-Desert Water District shall be held the first and third Wednesdays of every month at 4:00 p.m. in the boardroom at the district office located at 55439 Twentynine Palms Highway, Yucca Valley, California. [Res. 21-17; Res. 20-01; Res. 17-08 § 1; Res. 17-04 § 1; Res. 08-06 § 1; Ord. 63 § 1, 1990].
1.25.020 Special meetings.
Special meetings of the board of directors shall be held upon the call of the president of said board, or by three members thereof, by written notice to be given to each member not less than 24 hours before the time fixed for the proposed meeting. In the event of any member not being present at his office or residence when service is attempted, such service may be made by leaving such notice in the hands of any occupant of either his office or residence, and if no occupant be there present at such time, then by posting the same at or near the door of either such office or residence. Such notice shall specify the time and place and in general terms the purpose for which the meeting is called. [Ord. 63 § 2, 1990].
1.25.030 Meeting place.
All meetings of the board shall be held at the office of the district, unless they adjourn to or fix another place of meeting in a notice to be given thereof, or unless prevented by flood, fire or other disaster. Said office is hereby fixed and established at 55439 Twentynine Palms Highway, Yucca Valley, California 92284 within said district. [Amended during 2010 codification; Ord. 63 § 3, 1990].
1.25.040 Holidays.
In the event that any day fixed for a regular meeting of the board shall fall upon a holiday, then the meeting appointed for such day shall be held on the next day which may not be a holiday, at the same hour specified for the meeting to be held. [Ord. 63 § 4, 1990].
1.25.050 Compliance with the Ralph M. Brown Act (Government Code Section 54950 et seq.).
A. Meetings of the board of directors of the Hi-Desert Water District are subject to the Ralph M. Brown Act (“the Brown Act”) and its open meeting provisions. With certain exceptions, the Brown Act requires that meetings of the board shall be open and public, and all persons shall be permitted to attend board meetings. (Government Code § 54953(a))
B. The district shall provide a copy of the Brown Act to all directors and staff members. (Government Code § 54952.7)
C. The members of the board of directors, and persons elected but who have not yet assumed the duties of office as members of the board, will fully comply with the provisions of the Brown Act. Any person elected to serve as a member of the board of directors but who has not yet assumed the duties of office shall conform his or her conduct to the requirements of the Brown Act and shall be treated as if he or she has already assumed office. (Government Code § 54952.1)
D. The board of directors and district staff shall at all times comply with all provisions of the Brown Act as it currently exists and as it may be amended by the California State Legislature from time to time. If any portion of this policy conflicts with any provision of the Brown Act or any provision of state or federal law, the law shall prevail. [Res. 10-26 § 2020.1; Res. 08-19 § 1A 2020.1].
1.25.060 Closed sessions.
A. An individual director is not authorized, without approval of the majority of the board of directors, to disclose information that qualifies as confidential information under applicable provisions of law to a person not authorized to receive it, that (1) has been received for or during a closed session meeting of the board, (2) is protected from disclosure under the attorney/client or other evidentiary privilege, or (3) is exempt from disclosure under the California Public Records Act.
B. This section does not prohibit a director from taking any of the following actions:
1. Making a confidential inquiry or complaint to a district attorney or grand jury concerning a perceived violation of law, including disclosing facts to a district attorney or grand jury that are necessary to establish the illegality of an action taken by the district or the potential illegality of an action that has been the subject of deliberation at a closed session if that action were to be taken by the district;
2. Expressing an opinion concerning the propriety or legality of actions taken by the district in closed session, including disclosure of the nature and extent of the illegal or potentially illegal action; or
3. Disclosing information acquired by being present in a closed session that is not confidential information.
However, prior to disclosing confidential information pursuant to subsection (B)(1) or (2) of this section a board member will first bring the matter to the attention of either the president of the board or the full board, in a lawful and appropriate manner, to provide the board an opportunity to cure an alleged violation.
C. A director who willfully and knowingly discloses for pecuniary gain confidential information received by him or her in the course of his or her official duties may be guilty of a misdemeanor under Government Code Section 1098. [Res. 10-26 § 2020.2; Res. 08-19 § 1A 2020.2].
1.25.070 Rules of proceedings.
A. Public Meetings. All legislative sessions of the board, whether regular or special, shall be opened to the public.
B. Quorum. A majority of the members of the board shall constitute a quorum for the transaction of business.
C. Adjournment. When a duly convened meeting of the board of directors is adjourned by order thereof, a copy of the order of adjournment shall be posted on or near the door of the place where the meeting was held within 24 hours after the time of the adjournment. When a meeting may not be opened, or further action may not be had at a regular opened meeting, for want of a quorum, said meeting may be adjourned to a day and hour certain by the secretary or any member of the board, and notice of such adjournment shall be posted on or near the door of the place where the meeting was held within 24 hours after the time of the adjournment and further notice shall be given for the time and in the manner provided for calling special meetings, excepting the purpose of the adjourned meeting need not be stated.
D. Method of Action. The board shall act only by ordinance, resolution, or motion which, to become effective, shall be adopted by at least a majority of its members in public meeting and voting.
E. Recording Vote. Except when action shall be taken by the unanimous vote of all members present and voting, the ayes and noes shall be taken on all actions had.
F. Ordinances. Enacting clauses of all ordinances passed by the board shall be in these words: “Be it ordained by the Board of Directors of Hi-Desert Water District, County of San Bernardino, California, as follows.” All ordinances of the board shall be signed by the president of the board of directors and attested to by the secretary.
G. All meetings of the Hi-Desert Water District board of directors shall be conducted by the president of the board of directors in a manner agreed upon by a majority of the members of the board of directors. Pursuant to said authority, the board of directors hereby adopts Rosenberg’s Rules of Order for conducting board meetings and standing committee meetings. All previously adopted procedures and policies in conflict therewith are hereby superseded. No actions or proceedings of any board meeting or standing committee meeting shall be deemed to be invalid due to the failure to follow procedures set forth in Rosenberg’s Rules of Order. [Res. 24-02 § 2, 2024; Res. 09-08; Ord. 63 § 5, 1990].
1.25.080 Public safety during board meetings.
Board room aisles and doorways must remain clear, and room capacity limits will be enforced to ensure compliance with fire code and safety regulations.
Materials used for presentation purposes become part of the board’s official record. It is requested that the presenter’s name and the agenda number be clearly marked on all materials.
Oversized placards, banners, signs, flags, or other large objects which could be used to willfully interrupt the meeting are not permitted to be brought onto Hi-Desert Water District premises including the lobby, board room, restrooms, offices, and all public areas (“the premises”).
Toxic chemicals or liquids are not permitted to be brought onto Hi-Desert Water District premises.
Firearms, explosives, or weapons of any kind are not permitted to be brought onto the premises, except those carried by licensed law enforcement or security officers. [Res. 10-03].
1.25.090 Civility during board meetings.
Out of respect for the proceedings and in consideration of others, all cell phones, pagers and other electronic and/or noise-emitting devices should be turned off or silenced prior to entering the Hi-Desert Water District board room.
Persons engaging in inappropriate behavior during board meetings, so as to willfully disrupt the meeting, including, but not limited to, making verbal or physical threats, using obscene language, or acting in an abusive or intimidating manner towards board members, staff members, presenters, or any other persons present, so as to willfully disrupt the meeting, may be asked to leave the meeting. [Res. 10-03].
1.25.100 Agendas.
A. Every board meeting agenda shall include an item entitled “Public Comments,” to provide the public with the opportunity to make comments to the board on items of interest to the public, before or during the board’s consideration of that item, or concerning items not on the agenda that are within the subject matter jurisdiction of the board. (Government Code § 54954.3)
B. In the spirit of full transparency, all general requests by board members to add items to the agenda shall be made at the board meetings under “future agenda items.” Items of an urgent matter may be requested by contacting the general manager.
C. Agendas are set by the general manager with the advice of the board president. [Res. 12-15; Res. 12-01; Res. 10-26 § 2020.3; Res. 08-19 § 1A 2020.3].
1.25.110 Public comments and directors’ reports/comments.
This section applies to the public comments and directors’ reports/comments portion of an agenda.
A. The board may not take any action or discuss any item not appearing on the agenda, except that directors or staff may briefly respond to statements or questions raised by the public during the public comment portion of a meeting. However, no extended discussion and no action on any such matter may take place.
B. During the public comment portion of the agenda, and during the time for directors’ reports and comments, directors can only do the following:
1. Ask staff a question for clarification based on a public comment.
2. Make a brief announcement or report on a director’s own activities.
3. Provide information to staff or refer a matter to staff for follow-up.
4. Ask staff to report back to the board at a future meeting on any matter. [Res. 10-26 § 2020.4; Res. 08-19 § 1A 2020.4].
1.25.120 Questions for staff.
A. If possible, when directors have a question regarding the check register or consent calendar, they should contact the general manager or the chief financial officer before the board meeting.
B. If a member of the public wishes to ask a question on any item that is not on the agenda, he or she may direct that inquiry to district staff during normal district office hours, outside of a board meeting. [Res. 10-26 § 2020.5; Res. 08-19 § 1A 2020.5].
1.25.130 Public records.
If a member of the public wishes to review a public record that is not part of an agenda item under consideration by the board, or receive a copy of a public record that is not part of an agenda item, he or she must complete the procedures for Public Records Act requests during normal district office hours, outside of a board meeting. [Res. 10-26 § 2020.6; Res. 08-19 § 1A 2020.6].