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TO:
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Board of Directors and Staff
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FROM:
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Directors Estremera, Lezotte, and Schmidt
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SUBJECT:
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Item 10.1, Future Agenda Item for a Proposed New Policy on Disclosures
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DATE:
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February 7, 2013
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The Water District has a stellar record on disclosure and
openness, something we know from direct experience and from feedback we have
received from the press. Still, we look
for opportunities to make that openness even better. We suggest that an appropriate point in the
near future, that the Board consider a discussion of a variety of options for a
new Ends Policy regarding potential disclosure of agreements between the
District and Directors, including former Directors, when the agreements involve
monetary payments or benefits conferred upon the Directors by the District. One option is listed below to begin the discussion,
which we suggest staff consider and report on how other agencies handle
disclosure of similar agreements.
As a general matter, confidentiality in settlements of
disputes with employees may often be necessary and in the public’s best
interest, but dealings with Directors are a special situation where the public
has a special interest in understanding what has happened. We emphasize that the potential disclosure
under discussion here is regarding the special case only of Directors and
former Directors.
Even in the case of dealing with Directors, the negotiation
process often needs to proceed in a confidential manner, but upon finalization,
the public’s interest in knowing the outcome that occurred between the District
and the Directors that the public elected should be considered.
In lieu of drafting specific language, we suggest the
principles below and look to staff to develop them further and to the Board for
potential modification and adoption:
Alternative requiring disclosure (new policy would include
all of the following):
1.
Agreements regarding monetary compensation or
benefits for Directors shall be disclosed in the same manner as other
compensation to Directors.
2.
Agreements regarding monetary compensation or
benefits for Directors shall not include confidentiality provisions binding
upon the District.
3.
Copies of agreements regarding monetary
compensation or benefits for Directors shall be provided to all upon request.
4.
Notice of agreements regarding monetary
compensation or benefits for Directors shall be provided to all who have
requested notice of such agreements in general, and not require specific
request of the specific agreement in order to be given notice.
