HomeMy WebLinkAboutComplaint Policy
TDPUD Board Policy for Handling Formal Complaints Regarding Board Members
Alleged Violations of District Code or the Law
The District strives to conduct its business and achieve its mission through the highest
of ethical and legal standards. It recognizes the value of and encourages input from the
public and staff regarding the District’s operations and governance.
Any member of the public or District staff can make a formal, written complaint should
they have a concern that a Board member has or is violating District Code or local,
state, or federal laws. Before a complaint is filed, however, it is recommended that the
complainant first talk with the District’s General Manager or Board President regarding
the facts and circumstances giving rise to the complaint. If the situation remains
unresolved and the complainant proceeds to file a complaint, then the following
procedure will be followed:
This policy covers allegations of misconduct by any member of the District’s Board of
Directors. Complaints will be investigated promptly and reported, recorded, and
resolved in accordance to the approved policy and procedures. In all cases, the rights of
all parties will be respected. Any complainant who submits a complaint will not be
subject to any form of retaliation or reprisal from the Board member or the District.
The purpose of the policy is to enable and describe the means for the gathering of facts
pursuant to any complaint; to ensure a complaint is investigated and responded to in a
manner that is timely, fair and transparent.
Subjects will be informed of the specific nature of allegations in a Formal Complaint and
will have a fair and reasonable opportunity to respond to the allegations.
Filing a Formal Complaint
In order to be considered and responded to, a complaint must be submitted to the
District’s General Manager’s office or to any Board member in writing and signed by the
individual(s) making the complaint. The complaint must be specific in nature, describing
the facts and circumstances giving rise to the complaint in the clearest terms possible,
and include a clear and concise description of and submission of any relevant
supporting evidence that a Board member has violated District Code or any local, state,
or federal law. The complaint must identify whether the facts giving rise to the complaint
are the subject of any complaint made to or are the subject of any investigation by an
administrative agency or are the subject of any pending litigation.
The District will not act on complaints that are not in writing or which are anonymous,
nor will it consider complaints sent electronically or through facsimile transmission. In
addition, the District will not act on complaints submitted on behalf of another individual
or complaints forwarded to the District by someone other than the complainant. The
District will not act on any complaint which is based upon facts and circumstances or
contains allegations that are subject to an on-going investigation by a third party agency
or that are in litigation. Care must be given to protect the District’s integrity from
frivolous, vexatious and or unsubstantiated complaints and from duplicating efforts to
address the complaint in other forums.
Acknowledgement and Notification
Any Formal Complaint that the District receives shall be acknowledged by the District in
writing to the complainant within 10 days of receipt of the complaint and a copy of this
policy will be attached. The Board will be informed that a complaint has been received
and provided a copy of it.
Investigation
Within 30 days of receipt of a complaint, the District’s General Manager and legal
counsel will conduct a preliminary investigation to determine if the complaint meets the
above requirements of a Formal Complaint, if resolution of the complaint falls under the
jurisdiction of the District and review the complaint with the Board President to
determine how to handle the complaint. If the complaint is against the Board President,
the General Manager and legal counsel shall review the complaint with the Board Vice
President and decide how to handle it. The President, or the Vice President if the
complaint is against the President, is authorized to direct the General Manager and
legal counsel to further investigate the complaint, including hiring an investigator.
Right to Refuse or Terminate Investigation
The Board President, or Vice President if the complaint is against the President, may
direct that no investigation of a complaint be commenced or may direct that an
investigation be terminated if:
The complaint is not within the jurisdiction of the District;
The complaint is if frivolous, vexatious, or made in bad faith;
The complaint does not contain reasonable grounds or adequate evidence to
initiate an investigation; or
The complaint is the subject of any investigation by an administrative agency or
the subject of any pending litigation.
Resolution of Formal Complaint
Upon completion of the investigation, the Board shall be informed of the results of the
investigation and determine the final resolution of the complaint. Resolution of the
Formal Complaint shall, at a minimum, include sending a written response to the
complainant describing:
Summary of complaint;
Summary of the District’s preliminary investigation and any additional information
relevant to the complaint; and
Summary of any action that has been or may be taken with respect to the
complaint.