FROM: Debby Cherney, Chief Executive Officer
SUBJECT: General Policy No. 023 (Designation of the Ex Officio Delegate to the Board)
RECOMMENDATION:
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Approve General Policy No. 023 (Designation of the Ex Officio Delegate to the Board).
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BACKGROUND:
At its April meeting, the Board discussed a framework for permitting the Ex Officio Trustee to designate a delegate. During that discussion, the Board provided direction to staff regarding the development of a formal policy framework and identified specific elements to be addressed in the final policy. The Board’s direction included, but was not limited to, establishing clear parameters regarding eligibility, scope of authority, participation in Board and Committee meetings, attendance in Closed Session, fiduciary and training requirements, and safeguards to ensure that such designation does not create an additional Trustee or statutory alternate position. In accordance with this direction, staff prepared the attached policy for the Board’s consideration.
The proposed policy acknowledges the authority of a public officer, specifically the County Treasurer as the Ex Officio Trustee, to designate a delegate to act in their absence, while ensuring that such delegation is subject to clearly defined limitations. Key provisions of the policy include the following:
1. Designation of Eligibility Requirements
The Ex Officio Trustee may designate a single delegate to run conterminously with the Treasurer’s term of elected office unless revoked or replaced in writing. The delegate must be an employee of the Auditor-Controller/Treasurer-Tax Collector’s office at the level of a Division Chief or higher, or equivalent.
2. Nature of the Role
The policy expressly clarifies that the delegate role is not intended to create an additional Trustee or alternate Trustee position, but rather serve as a representative of the Ex Officio Trustee in their absence.
3. Scope of Participation
The delegate may participate in the Board and Committee meetings only when acting in the absence of the Ex Officio Trustee. In such circumstances, the delegate may sit at the dais, deliberate, and vote. The delegate’s authority to act in this capacity ceases immediately upon the presence of the Ex Officio Trustee. The delegate may not independently be appointed to any Committee but may vote when acting in the place of the Ex Officio Trustee assigned to that Committee. The policy establishes guidelines on attendance in Closed Session, permitting participation only when the delegate’s presence is necessary to the matter under consideration, consistent with the Brown Act, and subject to approval by the Board Chair. Attendance for general informational or observational purposes is prohibited.
4. Governance Oversight
The Board Chair is authorized to limit or revoke a delegate’s participation where such participation is inconsistent with the Board policy, governance standards, or applicable law.
Collectively, these provisions establish governance safeguards while providing a structured mechanism for representation of the Ex Officio Trustee when necessary.
BUDGET IMPACT:
None.
COMMITTEE REVIEW:
At the direction of the Board, this item is being brought directly for the full Board’s consideration.
STRATEGIC PLANNING GOAL/OBJECTIVE:
Operational Excellence & Efficiency
STAFF CONTACT:
Debby Cherney
Barbara Hannah
ATTACHMENTS:
Exhibit A: General Policy No. 023 (Designation of the Ex Officio Delegate to the Board).