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HomeMy WebLinkAbout14 Agenda Preperation Agenda Item # 14 DONNER J � � trict Memorandum To: Board of Directors From: James Maass Date: December 12, 2003 Date of Board Meeting: December 17, 2003 Subject: Agenda Preparation At the last board meeting, it was requested that an item regarding the lab which tests the water be placed on the next agenda. I have not placed that item on this agenda pending review and board discussion of the certain procedures and principles. I have reviewed the district By-Laws and have asked Steve Gross a couple of questions regarding what may be in the law regarding board agenda development. There is a basic concept in parliamentary procedure that any deliberative body, such as the TDPUD Board of Directors, must do to get its job done. There must be rules of procedure that allow individual ideas to be presented yet allow the majority to take action. I have thought about the request to place the lab testing item on the agenda from the perspective of Board President, and my obligation to preside over meetings of the Board. A Board President presides over meetings to make sure the people's business is conducted in an orderly and efficient manner. I have reviewed District policy and received input from Steve Gross regarding provisions in the law. The Government Code is silent regarding the right of an individual director to place items on the agenda. Our By-Laws contains three sections, and they must be interpreted such that they make sense taken together. Section 2.04.060.2 of our By-Laws states that "Each Director will have the right to request items to be placed on the agenda for any specific meeting..." Section 2.01.020.1 of the By-Laws states that ... "The President should cause an agenda to be prepared and distributed by the Clerk/Ex-Officio Secretary in advance of the meeting, which shall list each item of business or correspondence to come before the meeting insofar as it is known"... Section 2.04.060.1 states "The clerk Ex-Officio Secretary of the District and the President of the Board shall be jointly responsible for compiling the agenda for all regular meetings"... It is my interpretation of the above Sections of the By-Laws, that no director has an absolute right based on a simple request to add an item to the agenda. The By-Laws clearly state that a director has the "right to request' not a right to place an item on the agenda. When the Sections are read together they say that a director can request an item be added to the agenda and it is then the responsibility of the Board President to decide what will appear on the agenda. In fairness, a Board President should not make the decision in an arbitrary manner. He should be guided by principles that the Board as a whole has agreed to. i suggest the following principles: 1. The fundamental overriding principle is that the Board of Directors has important business to conduct that was developed through a strategic plan process, and these matters should take priority on the agenda. 2. There are matters that the Board is required to consider and act upon by law and these should take priority on the agenda. 3. If an item can be resolved by simply asking staff to provide information, that item should not be added to the agenda. 4. The Board has delegated administrative matters to District staff. If the item involves administrative matters, it should not be placed on the agenda. 5. If three directors request an item be placed on the agenda the President should add it. It is the basic function of the board to establish policy. it is the function of the general manager and his staff to implement that policy. We, as a board, must avoid micro-managing the district. I would like the Directors to discuss the matters raised in this memorandum, and let me know if you agree with the approach I am suggesting. Also, while reviewing the By-Laws I noticed that we are not following the agenda format as set forth is Section 2.04.070. I would like to add an item to the agenda in January to discuss the possibility of amending our By-laws so our agenda format conforms with the By-Laws.