Encinitas Municipal Code Art. 2 Organization (CA)

Section 2.1. Board.¶

The District is governed by a five-member Board. The Board has the power and duty to manage and conduct the business and affairs of the District as provided in the Irrigation District Law. All powers, privileges, and duties vested in and imposed upon the District by law and the Irrigation District Law shall be exercised and performed by the Board, except as such Board shall delegate executive, administrative, and ministerial powers to officers and employees of the District, as provided in this Code. The District’s policies, mission, goals, and programs are established by a majority of the Board at public meetings.

The Directors of the District, a Subsidiary District of the City of Encinitas, are the mayor and members of the Encinitas City Council. The term of office for each Director will coincide with the City Council term. Each Director shall take and file the official oath of office and shall file the required financial disclosure statement within 30 days of taking office.

(Res. No. 2020-02, adopted 5/20/20)

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Section 2.2. Officers.¶

At the first regular meeting held after the first Friday in December of each year, or in the next meeting held immediately thereafter, the members of the Board shall elect from its members a president and a vice-president and shall appoint a secretary and treasurer, who shall each hold office at the pleasure of the Board. (Water Code Sections 21375, 21376.)

Except as otherwise determined by the Board, the Deputy Mayor of the City of Encinitas will serve as President; the Mayor of the City of Encinitas will serve as Vice President; pursuant to City of Encinitas Municipal Code Section 2.24.070(C), the City Manager of the City of Encinitas will serve as Secretary; and the Finance Director of the City of Encinitas will serve as Treasurer.

Section 2.2.1. President.

The President is the presiding officer at the Board meetings. The duties of the President are to assure that the business of the Board is conducted in an orderly and business-like manner, to appoint committees, and to perform such other duties as may be required by law or delegated by the Board.

Section 2.2.2. Vice President.

In the absence of the President, or in the event of his or her inability to perform his or her duties, the Vice President shall perform the duties of the President.

Section 2.2.3. Secretary.

The Secretary, or his or her designee, shall record all minutes of meetings of the Board, keep the records of the District, and perform such other duties as may be delegated by the Board, provided however that the Secretary shall execute all contracts entered into in accordance with Article 8 of this Code.

Section 2.2.4. Treasurer.

The Treasurer shall cause the accurate accounting of all funds collected by and for the District and records to be kept of all deposits, bonds, and securities held by the District. The Treasurer is responsible for making investment decisions according to District policy. The Treasurer shall cause the making of all payments by warrants drawn against the District funds.

The Treasurer shall file with the Secretary a verified written report and warrant list, which shall be provided to the Board at each regular monthly Board meeting.

(Res. No. 2020-02, adopted 5/20/20)

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Section 2.3. Director Policies.¶

Section 2.3.1. Ethical Conduct.

It is the policy of the District to maintain the highest ethical standards for its Directors. The proper operation of the District requires that decisions and policy be made within the proper channels of governmental structure, that public office not be used for personal gain, and that Directors remain objective and responsive to the needs of the public they serve. Accordingly, it is the policy of the District that Directors and District employees maintain the highest standard of honesty and fairness in carrying out their duties. This Article sets forth the minimum ethical standards to be followed by the Board. The objectives of this policy are to: (1) provide guidance for dealing with ethical issues, (2) heighten awareness of ethics and values as critical elements in Directors’ conduct, and (3) improve ethical decision-making and values-based management.

Section 2.3.2. Responsibility of Public Office.

Directors are obligated to uphold the Constitution of the United States and the Constitution of the State of California. Directors will comply with applicable laws, including but not limited to, laws regulating their conduct, including conflict of interest, financial disclosure and open government laws. Directors will strive to work in cooperation with other public officials unless prohibited from so doing by law or officially recognized confidentiality of their work.

Section 2.3.3. Attendance at District Functions.

Directors and key personnel may attend conferences on an expense basis when authorized by the Board. The following expenses will be considered as just and reasonable:

(a) Registration fees.

(b) Meals and lodging within reason.

(d) Travel expense.

(e) Use of personal auto based on mileage as established by the Board.

Directors and employees shall file an expense sheet with the office before costs may be reimbursed to those attending conferences. Advance registration fees and expense money will be deducted from the expense account before reimbursement is made. Mileage is to be computed on road miles by the most direct route. The Secretary or his or her designee may issue an advance to cover anticipated expenses of District employees attending meetings or conferences. District employees who receive an advance shall file an expense sheet and repay any amount which was not used for authorized expenses within 30 days of the meeting or conference attended.

Section 2.3.4. Director Compensation.

For a Director to be paid a lawfully established per diem, for an authorized meeting, conference, or activity, or for reasonable and necessary travel to and from an authorized meeting, conference, or activity, it must be: (1) a “meeting” as defined in subdivision (a) of Government Code Section 54952.2 of the Brown Act; (2) committee meetings of the public agency; (3) a conference or organized educational activity conducted in compliance with subdivision (c) of Section 54952.2 of the Government Code; or (4) other meetings or activities specifically listed in this section, which shall include the following:

(a) Each day’s attendance at regular, special, and adjourned meetings of the Board; and

(b) Each day’s attendance at regular, standing, or ad hoc committee meetings;

(c) Each day’s attendance at authorized meetings, conferences, or activities listed in the “Authorized Meetings, Conferences, and Activities” that are open to the public, at which topics of general interest to the public or to public agencies are discussed and which are hereby deemed as functions attended in an official capacity as a member of the Board.

The Board may authorize the payment to a Director for acting under the order of the Board for any additional meetings. Any director attending an activity not listed below must receive the Board President’s prior approval if compensation will be requested.

Pursuant to Water Code Section 21166 , compensation for each Director shall be $100.00 for attending meetings of the Board and regular, standing, or ad hoc committees. Directors will be paid $50.00 a day for attending meetings of the American Water Works Association, Association of California Water Agencies, educational trips of the Metropolitan District of Southern California, and other meetings when authorized by the Board or this Code section.

Director compensation is limited by Water Code Section 21166 to no more than six days in any calendar month. Directors will be reimbursed for actual and necessary expenses when acting under orders of the Board.

The representative to the San Diego County Water Authority (“Water Authority”) shall be paid by the Water Authority for attendance of Water Authority meetings or meetings on behalf of the Water Authority.

Section 2.3.5. Board Members Availability to Public.

The staff of the District should attempt to satisfy customers’ complaints. If a customer has a complaint which cannot be satisfactorily settled by the staff, the staff shall advise the customer of their right to appear in person before, or make a written request to, the Board. If a customer desires to appear before the Board, he or she should notify the General Manager in advance. By advance notice, the staff will be prepared with information required by the Board to make a decision without postponing to gather information.

(Res. No. 2020-02, adopted 5/20/20)

Exceptions & meaning →

Section 2.4. Representative to San Diego County Water Authority.¶

One representative of the District shall be designated and appointed by the President, with the consent of the Board, to serve a one-year term as a member of the Board of the San Diego County Water Authority. The representative may be recalled by a majority vote of the District Board. The representative shall periodically report to the Board of the District regarding the activities of the County Water Authority.

(Res. No. 2020-02, adopted 5/20/20)

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Section 2.5. Committees and Duties.¶

Committees may be established that are advisory to the Board with respect to the matters within their respective responsibility. Committees may be standing or temporary ad hoc. At the first Board meeting in the January following an election year, the Board shall determine which committees shall be activated and the President shall appoint up to two members of the Board to serve on each committee to fill any vacancies, as needed. Committee members will serve until appointments are otherwise changed by the Board President with a majority of the Board’s approval. The Board may authorize other committees to perform specific tasks or studies or assign special duties to standing committees.

(Res. No. 2020-02, adopted 5/20/20)

Exceptions & meaning →