5. Consider First Reading of Ordinance No. 99 - An Ordinance of the Board of Directors of the Monterey Peninsula Water Management District Requiring Disclosure of Ex Parte Communications and Establishing Penalties and Remedies for Non-Disclosure


ACTION: The Board will receive public comment, discuss the ordinance and then determine whether or not to adopt the first reading version.

SUMMARY: On November 20, 2001 the Board adopted a policy regarding ex parte communications. At the time of adoption, concerns were raised about the effect of violations of the policy and possible penalties. District Counsel has drafted a new policy, embodied in draft Ordinance No. 99, Exhibit E-1 which incorporates clauses referring to penalties.
 

RECOMMENDATION: Following public hearing and board comments, adopt the policy contained at Exhibit E-1. This topic was considered by the Administrative Committee (ADCOM) on December 5, 2000 and on January 16, 2001. At the January meeting, the committee recommended that the Board adopt the first reading of Ordinance No. 99.

IMPACT ON STAFF AND RESOURCES: Staff will incorporate the substance of Ordinance No. 99 into the next revision of the District Rules and Regulations. On a continuing basis, staff will copy communications sent to one or more Directors and the General Manager regarding quasi-judicial matter pending decision before the Board. Staff will determine if copies have been provided to all directors and, if not, make copies available to those directors who may have not received copies, in accordance with the policy statement. These changed procedures may involve an uncertain increase in staff time as well as additional copying and distribution expense.

PRIOR BOARD ACTION: On November 20, 2000 the Board adopted an ex parte communications policy, as well as a sample disclosure form. The policy was adopted on a 4 to 3 vote. The motion required the deletion of a reference to penalties which was included in the draft policy considered by the Board. At the same time staff and counsel were requested to investigate penalties currently cited by the ex parte communications policy in use by the California Coastal Commission (CCC). On December 5, 2000 this information was presented to the ADCOM. On a 2 to 1 vote, the staff was directed to revise the adopted policy as incorporating penalties modeled loosely after those used by the CCC, and return the matter for Board reconsideration in January of 2001.

BACKGROUND: The Board discussed this subject at its Strategic Planning workshops earlier this year. Chair Erickson then requested that the ADCOM work with staff to develop a draft policy for Board consideration. An earlier draft was considered by the ADCOM on April 11, 2000. It was adapted from the policy currently used by the California Coastal Commission. The policy incorporates a Form for Disclosure, (Exhibit E-2) derived from a similar form currently used by Commission. This draft ordinance was written by District Counsel following the November ADCOM. This matter was considered by the ADCOM on November 14, 2000, December 5, 2000 and January 16, 2001 with District Counsel present. The new policy will be effective 30 days following the date of the second reading.

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