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How CSD Directors should Direct… Excerpts from the Handbook for Public Agency Officials. Published
by
the Association of California Water agencies…..Page 8..
…… occasionally, individual board members will mistakenly conclude
that they should direct staff in the implementation of agency programs.
A board member who attempts to direct the staff places the employees in an
untenable position; the employees will believe that compliance is
necessary
to preserve employment. Such a member also violates the trust of other
board members who pledge to abide by the will of the majority.
Employees who take direction from individual board members should be
disciplined by management. A director who gives direction to employees
should be sanctioned by the board.
Under the law, an individual board member has the privilege of inspecting
all records of the agency (not just public records) but has no greater
rights in the day-to-day operation of an agency than the public.
Written policy on the role of the board and board-staff relations can
prevent
embarrassing confrontations between board members and between board and
staff. A typical policy might state:
1. The district’s policies, i.e., mission, goals and programs, are
established by a majority of the board of directors at public meetings.
The board will not direct management how to implement policy but will
hold
management responsible if the policy of the agency is not implemented.
2. The general manager shall recommend programs to implement
district policy to the board at public meetings unless instructed by the
board to report to a committee or individual directors.. The manager
shall
carry out the programs approved by the board without modification.
3 Individual directors are encouraged to inquire of the general
manager as to the status of programs. The general manager shall promptly
provide information requested by directors. Directors may request
information from subordinate staff only if the general manager first fails
to provide the information.
Directors shall not instruct staff how to perform their work.
Footnote #6 on Page 13. Since an individual director can affect the
continued employment of staff members, an argument can be made that a
director who instructs the staff how to operate may be guilty of coercion.
How CSD Directors should Direct… Excerpts from the Handbook for Public Agency Officials. Published
by
the Association of California Water agencies…..Page 8..
…… occasionally, individual board members will mistakenly conclude
that they should direct staff in the implementation of agency programs.
A board member who attempts to direct the staff places the employees in an
untenable position; the employees will believe that compliance is
necessary
to preserve employment. Such a member also violates the trust of other
board members who pledge to abide by the will of the majority.
Employees who take direction from individual board members should be
disciplined by management. A director who gives direction to employees
should be sanctioned by the board.
Under the law, an individual board member has the privilege of inspecting
all records of the agency (not just public records) but has no greater
rights in the day-to-day operation of an agency than the public.
Written policy on the role of the board and board-staff relations can
prevent
embarrassing confrontations between board members and between board and
staff. A typical policy might state:
1. The district’s policies, i.e., mission, goals and programs, are
established by a majority of the board of directors at public meetings.
The board will not direct management how to implement policy but will
hold
management responsible if the policy of the agency is not implemented.
2. The general manager shall recommend programs to implement
district policy to the board at public meetings unless instructed by the
board to report to a committee or individual directors.. The manager
shall
carry out the programs approved by the board without modification.
3 Individual directors are encouraged to inquire of the general
manager as to the status of programs. The general manager shall promptly
provide information requested by directors. Directors may request
information from subordinate staff only if the general manager first fails
to provide the information.
Directors shall not instruct staff how to perform their work.
Footnote #6 on Page 13. Since an individual director can affect the
continued employment of staff members, an argument can be made that a
director who instructs the staff how to operate may be guilty of coercion.
This can be a felony. (Pen. Code, #71)
September 22nd, 2008 at 2:04 pm