TO: AC Transit Board of Directors
FROM: Denise C. Standridge, General Counsel
SUBJECT: Board Policy 702 - Conflicts of Interest and Standards for Ethical Conduct
ACTION ITEM
RECOMMENDED ACTION(S):
Title
Consider approving an amendment to Board Policy 702 - Conflicts of Interest and Standards for Ethical Conduct
Body
STRATEGIC IMPORTANCE:
Goal - Strong Public and Policymaker Support
The proposed amendment is in furtherance of ethical conduct by all persons involved in closed session discussions, which will garner public and policymaker support.
BUDGETARY/FISCAL IMPACT:
The proposed amendment does not have a budgetary or fiscal impact.
BACKGROUND/RATIONALE:
Recently, the Board faced an issue involving one of its directors disclosing confidential information from Closed Session. As a result, the Board requested an opinion from outside counsel. Arising out of this situation, it is recommended that the Board amend Board Policy 702 to provide language allowing for the exclusion of a Director, or anyone involved in closed session, who violates the confidentiality of closed session. No other amendments to this policy are recommended at this time.
ADVANTAGES/DISADVANTAGES:
The advantage of this proposed amendment is to provide the Board a remedy to exclude a Director when s/he violates the confidentiality of closed session. There is no disadvantage of this proposed amendment.
ALTERNATIVES ANALYSIS:
The alternative is to leave the policy as is without the exclusion language. This is not recommended as the exclusion possibility provides the Board with an additional remedy and is less severe than going to the Grand Jury or seeking an injunction.
PRIOR RELEVANT BOARD ACTION/POLICIES:
Board Policy 702 - Conflicts of Interest and Standards for Ethical Conduct.
ATTACHMENTS:
1. Proposed Amendment to Board Policy 702
Prepared by:
Denise C. Standridge, General Counsel
Approved/Reviewed by:
Michael A. Hursh, General Manager
Linda A. Nemeroff, District Secretary