HomeMy WebLinkAbout7 Policy in District Code to Handle Complaints about the District's Board Agenda Item_ 7
TRUCKEE DONNER
t rt C t
.0- Pubhc Utlky Dis
ON ENT
To: Board of Directors
From: Steven Poncelet
Date: August 0112012
Subject: Consideration of Adopting a Policy in District Code to Handle
Complaints about the District's Board
1. WHY THIS MATTER IS BEFORE THE BOARD
This item concerns the Nevada County Grand Jury report published on May 25, 2012
and the Board's adoption of a new policy in response to the Grand Jury's
recommendations.
Modification of the District Code is solely within the purview of the Board.
2. HISTORY
At the June 6, 2012 regularly scheduled District Board meeting, staff provided
information to the Board regarding the Nevada County Grand Jury's report published
May 25, 2012 and the recommended responses to the Grand Jury's Findings and
Recommendations. Based on feedback and direction from the Board, the District.
submitted a formal response t the Grand Jury on June 8, 2012.
In this formal response, the District agreed to implement a new TDPUD Board Policy
for handling formal complaints regarding Board members. The Board further agreed to
implement the new policy within 120 days. At the July 18, 2012 regularly scheduled
District Board meeting, staff presented a draft policy for handling complaints against
the District's Board and was given feedback on the document and direction to bring
back a final-draft version for formal adoption by the Board and incorporation into
District Code.
3. NEW INFORMATION
A final-draft version of the new TDPUD Board Policy for Handling Formal Complaints
Regarding Board Members Alleged Violations of District Code or the Law is included
as Attachment 1.
4. FISCAL IMPACT
There is no immediate fiscal impact associated with the adoption of this new Board
policy. Future fiscal impacts for implementing this policy are unknown.
5. RECOMMENDATION
Adopt the new TDPUD Board Policy for Handling Formal Complaints Regarding Board
Members Alleged Violations of District Code or the Law.
Steven Poncelet Michael D. Holley
Public Information & Conservation Manager General Manager
Attachment 1
Title 2, Administration
Chapter 2.62
HANDLING FORMAL COMPLAINTS REGARDING BOARD MEMBERS ALLEGED
VIOLATIONS OF DISTRICT CODE OR THE LAIN
Sections:
2.62.010 Introduction =
2.62.020 Filing a Complaint
2. 2. 40 Acknowledgement = _ =6 0n Notification ad of cats n - --
0
2.62.050 Investigation
2.62.070 Right to Refuse or Termin ate _ _I nt� anon =--����=�`�=
2. 2. -= ..
6 080 Re
solution uti n f -
0 oCmlin Complaint t -
2.62 010 Introduction T he Di District
t strives
t v � d u c:t
_- _
usiness and " chieve its
_ It recognizes the value ofmission through the highest of ethical�caI and le al � : .
and encourages input from the public--'and staff regdtft the District's operations n
governance. .__
An member =- _ =-_-_ _
e ber f h o the public r c o District sta .... . n y p r _.._._: nal,:written complaint should
to ha
ve e a concern
ce that a Al
t
y =_ --Ui6!�jij,,,,.memb0C1*"r-_ _ s ic�tating District Code or local,
state or federal I w .
.
a s WP6a com=�=�::laint �s`�- :��d however,
..:.:. � _ it is recommended that the
complainant first talk_ the Distrs Gener /lana er or Board President r p -_= g regarding
- . =. _=
the facts and circumsf = =es _ -
:= __veto t� ��� complaint. If the i
_. ::::::.::::.:::::: p situation remains
unresolved and_:__:::_.: commililliwi roceed - o file a com taint then the foil win__-__:_ ..::::::: p p following
o ced u r w _ _:::..-- -::-:_
e _ ....... _
This poli _ vers allegatic . of mffftonduct by an member of the District's Board of
Y
Directors. 64Waints will i. invests ated rom tl and re ort
g p p y p ed, recorded, and
__ _
resolved in acc _= nc wi =__
:- a tf� approved policy and procedures. In all cases, the rights
of all partie
s will -
s_ An complainant who submit
s a complaint p la i nt will I not bed.
subject to any form o ' ................ation 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 transparent, timely, and fair.
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.
1
Attachment 1
2.62.020 Filing a 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 compla_. _ fnade to or are the
subject of an investigation b an administrative agency ordim the subject of an
a Y g Y g J Y
pending litigation.
TheDistrict will not act on complaints that are not in.:::: : it`n or vv = = =:::::::are anonymous s p g _...:. o ymous,
nor will it consider complaints sent electronically q _ ou h facsimiltnsmission. In
p Y . g
. . = ...................._-
addition, the District will not act on complaints sted on behalf of ar Individual
p
or complaints forwarded to the District b sone other the com ant. The
p Y - - -- - p
.
District will not act on an complaint which rs 13 ..... _ -"=st y p : up acts and circumstances or
contains allegations that are subject to an on-going i� ation by a third party agency
or that are in litigation. Care must = :.: iven to rct the District's integrity from
g :: ::::_::.::::.::. :: p :: g Y
frivolous, vexatious n r n n . . _ _
a d o u substa t ::::;;= n laints- __from duplicating efforts to
:p p g
=_ ____= _
r the complaint in h rf r m addressother forums s - ---
2. 2.04 A kn wl m
__ .- .
6 O c o ed e e == OWifi
c� corm��_ ant that the District g rat::: ..... st ct receives
shall be acknowledged 1 _ t in to the complainant within 10 days of
receipt f h mIint _
ece pt o the co p a rnd a co `= f this :::_ will be attached. The Board will be
:. pY...... .......:Y
Informed that a com Was bee ceived ar _ rovided a copy of it.
2.62.050 Inee :-_',. at.on Wit = =0 days of--r i t of a complaint, '
--.. �_....-............. � Y p the Districts Genera
= :__ : _- : - .___ ::::: ::_
Manager a....................
_ a el Wl nduct a preliminary investigation to determine if the
p rY g
complairi.tJObts the ab -e um ments for filing a complaint that will be reviewed an
. _=
acted u end to determir e a resdvUion of the complaint falls p :;:: punder the jurisdiction of
the District. results will - communicated to the Board President to determine
e ne how
to handle h the c- :::laint. I ==`�-_��=��� m: .:: fie ca plaint is against the Board President, the General
Manager and I
. :--_
g a leg
_ ur. ==`shall review the complaint with the Board Vice President
and decide how to h4 _
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. If further investigation is authorized, the
District will notify the complainant that the investigation is on-going.
2
Attachment 1
2.62.070 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 frivolous, vexatious, or made in bad faith;
• The complaint does not contain reasonable grounds or adequate evidence to
initiate an investigation;
• The complaint subject matter is covered by and subject to the Memorandum of
Understanding between the District and the IBEW IA6 or the District's
n I Policies.
=Person e _
• The complaint is the subject of any investigation by- _ninistrative agency or
hpending litigation. = = = =__
to subject of an
2.62.080 Resolution of Complaint Upon compkW of the investig......... __, the Board
shall be informed of the results of the invests q � and detemine the fina������� olution of
g
...............
the complaint. Resolution of the complaint sh = _ pt a...AIMIMUM, include sendin a
written response tothe complainant descrab ing.
=__.-:_
.
• Su
mmary of complaint; _ :
_:
• Summaryof the Districts relim* - - e: : i anon _ ...-any additional information
relevant hcomplaint; n : = -_ __
tot ead _ __ _
mma f n c __ : h =
---
Summary o a a t�. ..n.....hat as 'fie n_ ��� m a:.:._______:.:::_:::.: taken with re ry Y :::: . .::::::: : y respect to the
complaint.
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