ITEM:		ACTION ITEM
34.	BOARD REVIEW AND ACTION RELATED TO RECENT CORRESPONDENCE SENT TO MONTEREY ONE WATER
Meeting Date:			June 15, 2020	Budgeted:	N/A
From:			David J. Stoldt	Program/
			General Manager	Line Item No.:	N/A
Prepared By:			David J. Stoldt	Cost Estimate:	N/A
General Counsel Approval: N/A
Committee Recommendation: N/A
CEQA Compliance: Action does not constitute a project as defined by the California Environmental Quality Act Guidelines section 15378.

SUMMARY:  On April 27, 2020 the Monterey One Water (M1W) board chose to not certify the final SEIR for Pure Water Monterey Back-Up Expansion. At the same meeting, the M1W Board did not provide clear definition as to any area of deficiency or topic addressed in the SEIR that required further analysis. Subsequently, one of the District’s directors asked to the District Board to set a meeting to discuss potential litigation to assert MPWMD’s interests in connection with the unresolved status of the SEIR. The requested closed session was held on April 30, 2020. In accord with the MPWMD Board direction, and in an effort to settle the dispute without the need to file litigation, MPWMD sent a letter to the M1W by which the District respectfully requested M1W (a) identify specific deficiencies found in the SEIR, (b) remedy such deficiencies, and (c) return the SEIR back to its board for certification within 30 days. This letter was sent on May 1st at the direction of the Chair and in consultation with District Counsel.

Also on May 1, 2020 the same date the District letter was forwarded to M1W, Director Hoffmann independently authored and distributed his own letter to the M1W Board. His letter is attached as Exhibit 34-A. A M1W board member, Tom Moore, then responded to Mr. Hoffmann’s letter. (Mr. Moore’s response and a copy of a related email were distributed to the MPWMD District Board on Monday May 4^th. Note: highlighting in the letter was done by M1W board member Moore.) District Chair Edwards and Vice-Chair Byrne instructed District General Counsel Laredo and General Manager Stoldt to draft and send a letter to the M1W Board to clarify that Director Hoffmann did not speak on behalf of the Board pursuant to limits set by MPWMD District Meeting Rule 6. The May 6, 2020 letter is attached as Exhibit 34-B.

Mr. Hoffmann’s letter represented that it forwarded by him in his capacity as an MPWMD Board member. This deviates from the requirements of District Meeting Rule 6 which authorizes only the Chair, or another Board member designated by the Chair, or the General Manager to be the spokesperson for the District. District’s Meeting Rule 6 is attached as Exhibit 34-C.

The Chair now requests this circumstance be presented to the full District Board for discussion and action, as may be desired.

Under this Action Item, the Board may review and consider action as appropriate related to (1) the May 1, 2020 communication sent by Director Hoffmann to board members of M1W, (2) the May 6, 2020 letter sent jointly by General Manager Stoldt and General Counsel Laredo District at the direction of the District Chair and Vice-Chair, (3) circumstances referenced in any of these communications, and (4) consequences that may result from these communications.

Options under discussion or action are for the Board to (i) take no action, (ii) provide additional direction to the General Manager and General Counsel, and/or (iii) provide direction to Director Hoffmann.

Robert’s Rules of Order, Revised, provides guidance under the topic of The Right of a Deliberative Assembly to Punish its Members: “A deliberative assembly has the inherent right to make and enforce its own laws and punish an offender...” Robert’s Rules the following option, among others:

Censure: Censure is an expression of strong disapproval or harsh criticism. It can be adopted without formal disciplinary procedures.

For the sale of completeness, Robert’s Rules of Order, Revised, also references addition modes of punishment of members, but these consequences are not available to a member of the District Board for the reasons noted:

Fine: A member may be assessed a fine for not following a rule. For example, in a club, if a member is not wearing a name badge, that member may be charged a fine. Fines may be assessed only if authorized in the bylaws of the organization, and the District Enabling Law provides no such authority.

Suspension: A member may have a right, some rights, or all rights of membership suspended for a period of time. This action may result in a loss of "good standing" within the organization. The Board may not suspend or refuse to count the vote of an elected member

Removal from office: A member may be removed from office. For example, the president could be temporarily removed from presiding over a meeting using a suspension of the rules. Procedures to permanently remove members from office vary; some organizations allow removal only for cause, while in others, removal may be done at the pleasure of the membership. California Law does not authorize a Board to remove an elected member from office. Only a court of law holds such power.

Expulsion: A member may be expelled from the organization or assembly. California Law does not authorize a Board to expel an elected member from office. Only a court of law holds such power.

Some agencies also consider “no action” and or demand of an “apology” as potential actions less severe than a censure.

If action is to occur, the motion to censure is a main motion; it requires a second; it is debatable and is amendable. Subsidiary motions may be made. To be adopted, a quorum must be present and a majority vote is required to approve the motion. A member who is subject to censure may debate the censure measure, but cannot vote on the motion.

RECOMMENDATION: The Board should discuss these circumstances and may take action as it deems appropriate.

EXHIBITS

34-A May 1^st Letter from Director Hoffmann to M1W Board

34-B May 6^th Letter from General Manager and General Counsel to M1W Board

34-C District Meeting Rule 6

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