Chapter 2.10
BOARD OF DIRECTORS
Sections:
2.10.010 Officers of the district.
2.10.020 Appointment of officers, representatives and board members.
2.10.040 Director compensation and reimbursement of expenses.
2.10.050 Appointment of Metropolitan Water District directors.
2.10.060 Electoral division boundaries.
2.10.010 Officers of the district.
A. Pursuant to Water Code 71273 and 71340, the officers of the district shall consist of a president, vice president, secretary and treasurer. Each of these officers shall be a member of the board of directors.
B. The term limit for the president of the board, as previously adopted, shall not be more than two successive terms.
C. Pursuant to Water Code 71342, the office of secretary-treasurer has been consolidated as of February 1976.
D. The consolidated office of deputy secretary-treasurer has also been established, and the general manager is appointed to fill such office to act in the absence of the secretary-treasurer. (Res. 1910 §§ 1 – 4, 1995)
2.10.020 Appointment of officers, representatives and board members.
A. In accordance with the authority provided under Water Code Section 71273, at the first meeting of the board in January of every year, the board shall elect by a majority vote:
1. One member of the board to serve as president of the board; and
2. One member of the board to serve as vice president of the board.
B. In accordance with the authority provided under Water Code Sections 71340 and 71342, at the first meeting of the board in January of every year, the board shall, by a majority vote, appoint one of its members secretary-treasurer of the board, and shall appoint one other person to serve as deputy secretary-treasurer of the board.
C. In accordance with the authority provided under Water Code Sections 71301 and 71305, at a meeting of the board in January of every year, the board shall, by a majority vote, confirm the existing appointment(s) or appoint new person(s) to serve as Western’s representative(s) to those outside organizations to which the board, by resolution or minute action, has appointed a person to represent Western’s interests.
D. In accordance with the authority provided under Water Code Sections 71301 and 71360, the president of the board is hereby authorized to establish standing or ad hoc committees of the board, and to appoint members of the board to serve on such committees. No more than two members of the board shall be appointed to a committee, and all appointees shall serve until a successor is appointed or the committee is dissolved by the president of the board. Upon the establishment of any committee or the appointment of any member of the board to a committee, the action shall be publicly announced and recorded in minutes of the board meeting at which the action occurs. (Res. 2320 §§ 1 – 4, 2004)
2.10.030 Rotation of officers.
Repealed by Ord. 395. (Res. 2328 §§ 1 – 4, 6, 2005)
2.10.040 Director compensation and reimbursement of expenses.
A. Attendance at Board Meetings. Pursuant to Sections 71255 and 20200 through 20207 of the California Water Code, each director of this district shall receive compensation in the amount of $300.00 per day for each day’s attendance at meetings of the board, and each day of service at the request of the board as provided for under this chapter (a “per diem”). To be entitled to compensation, and for such service to be deemed to be at the request of the board, the event in question must constitute one of the following:
1. A meeting of the board within the meaning of California Government Code Section 54952.2(a);
2. A meeting of a district committee, advisory committee or ad hoc committee within the meaning of California Government Code Section 54952(b) including, but not limited to, the list of committee assignments as approved by the board from time to time. This shall include service as the district’s representative on standing and ad hoc committees, whether of the board or one formed by the district with one or more other public agencies;
3. AB 1234 ethics training required by California Government Code Sections 53234 and following;
4. A meeting of any multi-jurisdictional governmental body on which the director serves as the district’s designated representative including, but not limited to, the Santa Ana Watershed Project Authority, Western Riverside County Council of Governments, Chino Basin Watermaster, and the Chino Desalter Authority;
5. Service as a director on the board of the Metropolitan Water District of Southern California and attendance by any other members of the district’s board of directors at meetings of the Metropolitan Water District.
B. Other Services Rendered as a Director. Each director shall also receive compensation in the same amount as provided in subsection A of this section for each day’s service other than attendance at meetings and events as set forth above, which is rendered as a director at the request of the board. The following specific services are hereby deemed to be at the request of the board and are hereby deemed to constitute the performance of official duties for which a director may receive compensation:
1. Service as a director, member or other representative of the district at meetings or events of the following organizations:
a. Association of California Water Agencies;
b. ACWA – Joint Powers Insurance Authority;
c. California Association of Sanitation Agencies;
d. California Special Districts Association;
2. Service as president of the board of directors of the district when meeting with district staff to discuss issues affecting agenda matters, not to exceed two times per month;
3. Service as a program speaker, or as an attendee, on behalf of the district at meetings of chambers of commerce;
4. Representation of the district before public agencies when formally authorized by the board pursuant to board action;
5. Attendance at public informational and educational programs at local schools or at other local agencies within the district designed to dispense information relating to water, wastewater, and the district’s functions in general;
6. Attendance at district events or events which are sponsored by the district;
7. Any other service deemed to be or to have been rendered as a director with the authorization of the board; representation or attendance at any meeting, event, program, conference or symposium conducted by a recognized water or wastewater organization or other agency or organization having influence on or control over relevant public policy and matters within the jurisdiction of the statutory powers of the district, provided that such meetings and events deal with substantive issues and consume more than a minor amount of the district’s time. This service shall be deemed to be, or to have been, rendered as a director with the authorization of the board. Such attendance must be authorized or ratified by the board as follows:
a. Plan to Undertake. A director shall be eligible to receive compensation for service, which shall be deemed to be rendered as a director with the authorization of the board, if he/she completes the “Plan to Undertake” portion of the “Request for Compensation” form for any event or other service which requires the district to make advance payments, deposits, or reservations and said “Request for Compensation” form is approved by the board prior to said event or service. The advance payments, deposits, or reservations which are subject to this subsection shall not include payments of less than $100.00 or advance payments, deposits, or reservations which are fully refundable.
b. Has Undertaken. A director shall be eligible to receive compensation for service, which shall be deemed to have been rendered as a director with the authorization of the board, if he/she completes the “Has Undertaken” portion of the “Request for Compensation” form for any event or other service which does not require the district to make advance payments, deposits, or reservations as set forth in subsection (B)(7)(a) of this section but where the director is requesting compensation and/or expense reimbursement for food, mileage or other costs and expenses. The director shall not be entitled to receive compensation and expense reimbursement unless a “Request for Compensation” form is completed and approved by the board.
C. Maximum Permissible Service. No payments shall be made under subsections A and B of this section for attendance or services exceeding a total of 10 days in any calendar month, with the exception that the director appointed to serve as a director on the board of the Metropolitan Water District of Southern California (“MWD director”) shall be allowed to receive payment for no more than 10 additional days in any calendar month for attendance or services performed in this appointed role, in the same amount, and upon the same terms as the per diem paid in subsection A of this section, as allowed for in California Water Code Section 71256. A director, whether in their capacity as a district director or as the MWD director, shall be compensated for no more than one meeting per day per agency even if more than one meeting is attended in one day per agency.
D. Expenses. Each director is responsible to the members of the public of his or her division and to the general public within the district for the proper conduct of district affairs. Each director is also responsible to the board itself. In the fulfillment of these responsibilities, directors must be informed of and familiar with the Municipal Water District law, the statutory powers and duties of a water board, and the general programs and policies of Western Municipal Water District of Riverside County. District directors should also be informed about national, statewide, and local water and wastewater programs and issues.
1. Reimbursement for actual, reasonable, ordinary and necessary business expenses incurred by directors for attendance or services rendered pursuant to subsections A and B of this section shall be reimbursed by the district upon presentation of satisfactory evidence thereof. Expenses incurred by directors in connection with such activities are reimbursable where such expenses and reimbursement are in compliance with this chapter and the provisions of the district’s ethics statement of policy. Expenses that do not fall within the listing of the specific types of expenses as set forth in subsection E of this section will not be reimbursed unless they are approved by the board before the expense is incurred, regardless of whether the authorization or ratification procedures in subsection (B)(7) of this section apply.
2. Because Western is a public agency, such expenses should be carefully considered, bearing in mind that these are public funds and that only reasonable level of expense is warranted.
3. Each member of the board of directors is encouraged to participate in those outside activities and organizations that in the judgment of the board further the interests of the district. Expenses incurred by board members in connection with such activities are reimbursable if they fall within the following guidelines. In the event that expenses are incurred which exceed these guidelines, the cost borne or reimbursed by the district will be limited to the costs that fall within the following guidelines:
a. All expenses must be reasonable and necessary, and directors will exercise prudence in all expenditures.
b. Reimbursement is intended to result in no personal gain or loss to a director.
c. Reimbursement will be made only for expenses that qualify as reimbursable expenses under an Internal Revenue Service accountable plan.
d. The most economical mode and class of transportation reasonably consistent with scheduling requirements will be used. In the event a more expensive class of transportation is used, the reimbursable amount will be limited to the cost of the most economical class of transportation available. Reimbursement for use of personal vehicles will be at the applicable IRS-approved rate.
e. Expenditures for food and lodging will be moderate and reasonable.
f. Upon incurring these expenses, directors will submit a request for reimbursement, accompanied by evidence of payment of such expenses or receipts for all amounts, consistent with the requirements of an IRS accountable plan and the provisions of this chapter.
g. All requests for reimbursement will be submitted to the district board within a time period and subject to the requirements of this chapter and as otherwise specified by the board from time to time. Requests for reimbursement shall be submitted on forms provided by the district and will (i) state the district-related purpose for the expenditure, and (ii) be accompanied by receipts evidencing each expense or other documentation deemed satisfactory by the board or its designee, consistent with the requirements of an IRS accountable plan. Expenditures that are improper or otherwise not properly accounted for, or not consistent with the prohibition against gifts of public funds set forth in the California Constitution, will not be reimbursed or accepted by the district. Where such improper expenses have been paid by the district, they will be promptly refunded to the district or deducted from monies otherwise due a director.
h. To implement the reporting requirement of California Government Code Section 53065.5, the district will prepare a list of the amount and purpose of each expense reimbursement made to each director for the preceding fiscal year, which will be available to the public.
E. Specific Types of Expenses.
1. Transportation. The most economical mode and class of transportation reasonably consistent with scheduling needs and cargo space requirements must be used, using the most direct and time-efficient route. Charges for rental vehicles may be reimbursed under this provision if more than one district official is attending an out of town conference, and it is determined that sharing a rental vehicle is more economical than other forms of transportation. In making such determination, the cost of the rental vehicle, parking and gasoline will be compared to the combined cost of such other forms of transportation. Government and group rates must be used when available.
2. Lodging. Lodging expenses will be reimbursed or paid for when travel on official district business reasonably requires an overnight stay. If such lodging is in connection with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time of booking. If the group rate is not available, then travelers must request government rates, when available. Lodging rates that are equal to or less than government rates are presumed to be reasonable and hence reimbursable under this chapter.
3. Telephone/Fax/Cellular. Directors will be reimbursed for actual telephone and fax expenses incurred on district business. Telephone bills should identify which calls were made on district business. For cellular calls, when the district official has a particular number of minutes included in the official’s plan, the official can identify the percentage of calls made on public business.
4. Internet. Directors will be reimbursed for Internet access connection and/or usage fees away from home if Internet access is necessary for district-related business.
5. Airport Parking. Long-term parking must be used for travel exceeding 24 hours.
6. Other Expenses. Baggage handling fees of up to $1.00 per bag and gratuities of up to 15 percent will be reimbursed. Expenses for which the director receives reimbursement from another agency are not reimbursable.
7. General Requirements. Travel expenses will include round-trip airfare, actual reasonable expenses for ground transportation to and from airports and hotels, car rental, and/or mileage reimbursement (at the maximum allowable per mile rate established from time to time by the IRS) for use by directors of privately owned vehicles in the conduct of district business. No reimbursement claim or request for overnight accommodations will be approved for expenses incurred within the district service area, except upon approval of the board. Reasonable accommodation expenses (or at the daily rate as specified pursuant to an IRS accountable plan) will be reimbursed only for the authorized director, and such expenses will not be reimbursed for guests or family members of the authorized director. Where reasonably possible, accommodations will be obtained in proximity to the conference or meeting site. Directors will be entitled to receive reimbursement for the reasonable cost of meals, including tips, or at the daily rate as specified pursuant to an IRS accountable plan.
F. Areas of Travel. Subject to the authorization and ratification procedures set forth in this chapter, directors are authorized to travel anywhere within the state of California on district business, including attendance at the meetings specifically approved in subsections A and B of this section. Travel out of state, other than to meetings of entities listed in subsections A and B of this section, shall be with prior approval of the president or vice-president of the board and subject to the authorization and ratification procedures set forth in this chapter.
G. Reports to Governing Board. At the following district board meeting after expenses are incurred or the event or service takes place, as required by this chapter, each director shall briefly report on meetings attended at district expense.
H. Severability. If any section, subsection, clause or provision in this chapter or the application thereof to any person or circumstances is for any reason held invalid, the validity of the remainder of this chapter or the application of such provisions to other persons or circumstances shall not be affected thereby. The board hereby declares that it would have passed the ordinance codifed in this section and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases or the application thereof to any person or circumstance be held invalid.
I. Implementation. The general manager, or his/her designee, is hereby authorized to develop such forms and procedures as may be necessary to implement this section.
J. 1. Background/Purpose. The ability of a board member to receive per diem/compensation and expense reimbursement for his or her activities on behalf of the district is a privilege, which should not be abused. It is an abuse of that privilege to fail to attend an event for which district funds have been used, unless such failure is absolutely necessary due to a real and documented emergency.
2. Reimbursement of Canceled Events.
a. In the event a board member does not attend an event for which district funds have been expended (either in advance or by way of reimbursement), that board member shall be liable to the district for all costs and expenses incurred and/or reimbursed by the district.
b. To the extent a board member is liable to the district pursuant to subsection (J)(2)(a) of this section, the district may pursue any available legal remedies, including, but not limited to, seeking a money judgment in a legal proceeding, or withholding future per diem/compensation and expense reimbursements from that board member, until such time that the liability is paid off.
3. Definitions. For purposes of this subsection J, the definitions contained in the Ralph M. Brown Act (Government Code 54950 et seq.) shall apply, unless defined otherwise below:
a. “Documented” shall mean a written general description of the circumstances relating to the board member’s inability to attend the subject event. The general description of an item generally need not exceed 20 words and shall not require the board member to disclose any medical diagnosis or disability, or any personal medical information that is already exempt under existing law, such as the Confidentiality of Medical Information Act (Chapter 1 (commencing with Section 56) of Part 2.6 of Division 1 of the Civil Code).
b. “Emergency” shall mean either:
i. A physical or family medical emergency that requires a board member’s immediate attention; or
ii. A declared local, state or federal emergency.
c. “Event” shall mean any meeting or activity for which per diem compensation and expense reimbursement are available to a board member pursuant to subsection B of this section, including, but not limited to, attendance at conferences. For purposes of this subsection J, the term “event” shall not apply to attendance at a meeting of the district or any JPA or other public agency when attending as an elected or appointed board or committee member.
4. Exceptions. A board member shall not be liable to the district pursuant to subsection (J)(2) of this section in either of the following situations:
a. If the board member’s absence from the event was absolutely necessary to address a declared local, state or federal emergency or a documented physical or family emergency.
b. If the board member’s absence from the event is de minimis in the overall context of the entire event, such as stepping out of one session at a multi-day conference or making a brief personal phone call during a local chamber event. (Ord. 400 §§ 2, 3, 2023; Ord. 396 § 1, 2022; Ord. 395 § 2, 2022; Ord. 379 §§ 1 – 7, 9, 10, 2012)
2.10.050 Appointment of Metropolitan Water District directors.
A. The Metropolitan Water District representative shall be selected by a majority vote of the Western board.
B. The Metropolitan Water District representative shall serve an indefinite term, at the pleasure of the Western board.
C. It is the policy of the Western board that the Metropolitan Water District representative shall be a current member of the Western board; provided, that there is a Western board member willing and able to serve as a Metropolitan Water District representative. If no member of the current board of directors of Western is willing and able to serve, the Western board shall select a Metropolitan Water District representative from a nonmember of the Western board.
D. It is the intent of the Western board to achieve an effective representation of the Western board on the MWD board. The Western board shall have full discretion to determine how best to achieve such effectiveness, subject, however, to subsection C of this section.
E. No member of the Western board, holding the dual offices of a Western director and the Metropolitan Water District representative, shall vote upon any contract between MWD and Western. (Res. 3182 §§ 2 – 6, 2021)
2.10.060 Electoral division boundaries.
A. Pursuant to the provisions of the Fair Maps Act of 2019 as amended in 2020, codified at California Elections Code Sections 21500 to 21509, after giving consideration to those provisions and applicable decisions of the courts, the board hereby adjusts, changes, and establishes the boundaries of the director divisions as set forth on the Preferred Map considered by the board at its public hearing on February 2, 2022, and reflected in Exhibit A, and they shall constitute and are hereby established as the boundaries of the director divisions of the Western Municipal Water District for subsequent elections until further readjustment is required by law.
Exhibit A
Preferred Map
B. Notwithstanding any other provision of this chapter, and pursuant to California Elections Code Sections 22000(e) (1) and (2), each of the directors in office at the time the resolution codified in this section takes effect shall continue in office until the expiration of the full term to which he or she was elected and until his or her successor is qualified, and any vacancy in a term currently underway shall be filled based on the divisions in effect at the time the current directors were elected.
C. The general manager is directed to take all necessary steps to give effect to this section. If necessary to facilitate the implementation of this section, the general manager, or his or her designee, is authorized to make technical adjustments to the division boundaries that do not substantively affect the populations in the divisions, the eligibility of candidates, or the residence of elected officials within any division. The general manager shall consult with district general counsel concerning any technical adjustments deemed necessary and shall advise the board of any such adjustments required in the implementation of the divisions. (Res. 3210 §§ 2, 3, 5, 2022)