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Home My WebLink About8 Board CorrespondenceAgenda • TRUCKEE DONNER Public Utility District ACTION To: Board of Directors From: Shanna D. Kuhlemier, CIVIC Date: October 21, 2015 Subject: Adoption of Board Correspondence Procedures 1. WHY THIS MATTER IS BEFORE THE BOARD Only the Board of Directors can authorize changes to District Code. 2. HISTORY The Board has adopted in District Code; a Board Code of Conduct, consisting of how the Board conducts its public meetings, Directors conduct with one another, public input, deliberative processes, and ethics training. Definition The Public Records Act states that "public records" include "any writing containing information relating to the conduct of the public's business prepared, owned, used or retained by any state or local agency regardless of physical form of characteristics." (Gov. Code § 6252, subd. (e).) The Public Records Act also defines "writing" as "handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combination thereof, and any record thereby created, regardless of the manner in which the record has been stored." (Gov. Code § 6252, subd. (g), emphasis added.) According to definition, electronic mail (email) messages and any attachments, regardless of format are, in fact, public records and are subject to the provisions of the Public Records Act and legal requirements for retention of public records. This definition also includes any messages sent through any electronic device that becomes an email or an attachment to an email. The District is required to adhere to the Public Record Act Government Code Section 6252, which makes the public business open to inspection or production of records maintained in the normal course of business. Social media means any tool for online publication and commentary; using sites such as Facebook, Linkedin, Twitter, Flickr, YouTube, and Pinterest (to name a few). Along this same vein, the Board held a Special Meeting on June 11, 2015, regarding Ralph M. Brown Act training by District Counsel. Page 1 of 5 3. NEW INFORMATION The Truckee Donner Public Utiltiy District (District) has embarked on updating its records retention schedules, subsequently in the future; records management procedures will be put in place to ensure records of the District are maintained in accordance with State law; in a cost effective and efficient manner. This policy is being developed to establish the procedure for handling Board correspondence and social media. Board correspondence are types of written communication which is performed in the normal course of District business as defined in the Public Records Act (Gov. Code § 6252), and are Official Records. This policy will ensure Board Correspondence compliance with the Ralph M. Brown Act and the Public Records Act. Information This policy is directly related to the District's Mission Statement, specifically 1.05.030 Goals; 1.1 "the District will conduct the District's business in a legal, ethical, open, and transparent manner", and 1.5 "Develop and implement high operational standards, procedures and Codes of Conduct". The General Manager utilizes a weekly Board letter to keep the Board of Directors abreast of ongoing projects, topics, and other District business. This is a tool to disseminate information to the Board from staff, and need not be retained by any member of the Board. Occasionally, the District receives requests for inspection or production of documents pursuant to the Public Records Act, as well as demands by subpoena or court order for documents. This procedure will outline the course of conduct the District will follow with regards to Board correspondence, including email received by a Board Member using the District's email server. Social media can be an effective communication tool but can also be challenging for a Board Member to keep their public and private lives separate. When using a social media tool it is encouraged to keep your role as a Board Member separate. In order to help distinguish between District business and personal, a Board Member may want to consider setting up two accounts for the social media tool. When posting information make sure stay within the guidelines in District Code's Board Conduct. Content should be limited to Board actions as a collective group. Should you have a question if particular content is appropriate, contact the General Manager for advice. Back and forth commenting will be refrained by other Board Member's. Procedure District Code, Title 2 Administration changes as follows: 2.56.080 Board Correspondence 2.56.080.1 District staff will forward any correspondence directly addressed to the Board to the General Manager's Office. The General Manager or his/her designee will forward correspondence to the Board Members. Should a Board Member wish to ask a question or comment on an email; he/she should respond only to the person sending the email, never utilizing the "reply all" button. Page 2 of 5 2.56080.2 When entering the Board room to conduct a public meeting, Board Members shall place all electronic devices, including but not limited to iPads and cell phones and smart phones, on "airplane mode". There should be no instant messaging, text messaging, internet searches or any other types of electronic communications during a public meeting. Ensuring compliance with the Ralph M. Brown Act (Gov. Code § 54950-54963). 2.56080.3 Each Board Member has an email account set up for him/her through the District's email server. Board Members should use his/her District email account and the District's email system to send and receive emails pertaining to District business in order to allow the Deputy District Clerk to file such communications so that that they can be easily accessed and produced. In order to facilitate this process, Board Members will blind copy ("BCC") all incoming and outgoing emails pertaining to District business to the Deputy District Clerk. 2.56080.03 Each Board Member utilizing in social media should remain professional, courteous and respectful of other Board Members, staff, and District business. At no time should another Board Member post a comment regarding District business on another Board Member's social media communications or posts. 4. FISCAL IMPACT There is no fiscal impact associated with this item. 5. RECOMMENDATION Adopt Resolution 2015-20, amending District Code, Title 2, Board Correspondence. Shanna D. Kuhlemier, CIVIC Deputy District Clerk Michael D. Holley General Manager Page 3 of 5 Resolution No. 2015 - 20 PROCEDURES INCLUDED WITHIN DISTRICT CODE TITLE 2, ADMINISTRATION WHEREAS, the District Code provides rules and description of the manner in which the District accounting; and outlines its Code of Conduct; and regulations intended to convey a comprehensive operates, handles its finances and performs its WHEREAS, periodically, the District Code should be reviewed and updated to conform to District Board directives, mission statements, new applicable laws and regulations and improvements; and WHEREAS, the California Public Records Act Government Code, Section 6252 requires the District to maintain its official records in accordance with the act; and WHEREAS, Ralph M. Brown Act Government Code 54950-54963 and the Districts Mission Statement govern that the District conduct its business in an open and transparent manner; and WHEREAS, the revised version of Title 2 will bring the District's codes and policies in line with the applicable codes and the District's Mission Statement. NOW THEREFORE, BE IT RESOLVED, that the Board of Directors does hereby adopt the Board Correspondence procedures as an amendment to and making it a part of, District Code, Title 2, Administration as follows: 2.56.080 Board Correspondence 2.56.080.1 District staff will forward any correspondence directly addressed to the Board to the General Manager's Office. The General Manager or his/her designee will forward correspondence to the Board Members. Should a Board Member wish to ask a question or comment on an email; he/she should respond only to the person sending the email, never utilizing the "reply all" button. 2.56080.2 When entering the Board room to conduct a public meeting, Board Members shall place all electronic devices, including but not limited to iPads and cell phones and smart phones, on "airplane mode". There should be no instant messaging, text messaging, internet searches or any other types of electronic communications during a public meeting. Ensuring compliance with the Ralph M. Brown Act (Gov. Code § 54950-54963). 2.56080.3 Each Board Member has an email account set up for him/her through the District's email server. Board Members should use his/her District email account and the District's email system to send and receive emails pertaining to District business in order to allow the Deputy District Clerk to file such communications so that that they can be easily accessed and produced. In order to facilitate this process, Board Members will blind copy ("BCC") all incoming and outgoing emails pertaining to District business to the Deputy District Clerk. Page 4 of 5 2.56080.03 Each Board Member utilizing in social media should remain professional, courteous and respectful of other Board Members, staff, and District business. At no time should another Board Member post a comment regarding District business on another Board Member's social media communications or posts. PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District in a meeting duly called and held within said District on the twenty first day of October, 2015 by the following roll call vote: AYES: NOES: ABSENT: TRUCKEE DONNER PUBLIC UTILITY DISTRICT Bv: Bob Ellis, President of the Board ATTEST: Michael D. Holley, Clerk of the Board Page 5 of 5