Board Meeting Procedures
Purpose
These Meeting Procedures are adopted for the purpose of providing for the orderly and effective conduct of meetings of the SacSewer Board of Directors (SacSewer Board) with full and reasonable opportunity for public participation. Except as otherwise expressly provided, these rules shall apply to all regular and special meetings of the SacSewer Board acting as the governing board of SacSewer.
The Brown Act
The Brown Act governs open meetings for local government bodies (California Government Code Sections 54950 et seq.) The purpose of the Brown Act is to facilitate public participation in local government decisions and to curb misuse of the democratic process by secret legislation by public bodies. These Meeting Procedures are consistent with the requirements of the Brown Act.
Board Overview
SacSewer is a county sanitation district pursuant to and operating under the Authority of the County Sanitation District Act, commencing at Health and Safety Code Section 4700 et seq. Health and Safety Code Section 4730.12 addresses the constitution of the governing body of SacSewer. The SacSewer Board consists of representatives from each jurisdiction served by SacSewer based on the jurisdiction’s population. SacSewer is governed by a 17-member Board of Directors consisting of five Sacramento County Board of Supervisors, five City of Sacramento council members, two City of Elk Grove council members, and one representative each from Yolo County and the cities of Citrus Heights, Folsom, Rancho Cordova, and West Sacramento.
SacSewer Board Resolution SD-0456 established election procedures for SacSewer Board of Directors to ensure that representatives from the cities and the counties have the opportunity to serve as the Chair (Chairperson) and Vice-Chair (Vice Chairperson). Resolution SD-0456 established the following process:
- The SacSewer Board of Directors will annually elect the Chair and Vice-Chair.
- The Chair of the SacSewer Board will alternate between the cities and counties each year. It is anticipated that the Vice-Chair will rotate to serve as the Chair the following year.
- To the extent feasible, there will be a two-year commitment from those who will serve as the Vice-Chair of the SacSewer Board to ensure continuity is maintained as the Vice-Chair transitions into the role of Chair.
A Joint Powers Authority, the Sacramento County Sanitation Districts Financing Authority (SCSDFA), was created in 1993 for the purpose of assisting the financing and refinancing of the acquisition and/or construction of real and personal property for the Sacramento Regional County Sanitation District (Regional San) and SacSewer. In 2024, Regional San and SacSewer legally merged, leaving only one agency. A dissolution of SCSDFA would be necessary without a second agency, so in 2024, the newly merged SacSewer partnered with Central Contra Costa Sanitary District and renamed the financing authority the Northern California Sanitation Districts Financing Authority (Financing Authority). The Chair and Vice Chair of the SacSewer Board were appointed to represent SacSewer on the Financing Authority Board of Directors.
From time to time, the SacSewer Board may form and appoint members to standing or ad hoc committees, which is consistent with the Brown Act.
Standing committees have continuing jurisdiction over a particular subject matter (such as SacSewer’s Investment Advisory Committee) or if the committee’s meeting schedule is fixed by formal action of the Board. Standing committees must comply with all notice, agenda, and public meeting requirements.
Ad hoc committees are advisory only and formed to address limited and specific issues within a short time frame. They are dissolved when their task is complete. Ad hoc committees must have less than a quorum of the Board, which is up to eight members. Ad hoc committees are exempt from Brown Act requirements.
Members of the SacSewer Board should adhere to the SacSewer Ethics Policy, which outlines ethical conduct on and off the job to maintain and enhance public confidence in the integrity of SacSewer and the employees performing work on behalf of SacSewer.
The SacSewer Ethics Policy is designed to complement, not supersede, any Code of Ethics applicable to an employee’s profession.
California law requires local officials to periodically receive training on public service ethics laws and principles. Government Code sections 53234 et seq. (commonly referred to as AB 1234) applies to SacSewer Board members who are eligible to receive compensation for their service to the District or may be reimbursed for their expenses.
SacSewer Board members are expected to follow all applicable federal and state laws and regulations related to the disclosure of campaign contributions, conflicts of interest, and matters that may cause their potential recusal pursuant but not limited to California Government Code Section 84308.
Every elected official and public employee who makes or influences governmental decisions is subject to disclosure requirements by the Fair Political Practices Commission and required to submit a Statement of Economic Interest, also known as the Form 700. Form 700 provides transparency and ensures accountability in two ways:
- It provides necessary information to the public about an official personal financial interests to ensure that officials are making decisions in the best interest of the public and not enhancing their personal finances.
- It serves as a reminder to the public official of potential conflicts of interest so the official can abstain from making or participating in governmental decisions that are deemed conflicts of interest.
Health and Safety Code Sections 53232.1-53232.4 provide for compensation of Board members. Compensation shall be paid to SacSewer Board members for each day’s attendance at meetings of the Board or for each day’s service rendered as a Board member at the request of the Board, so long as that compensation does not exceed more than one meeting per day and six meetings per calendar month.
SacSewer Board members are compensated $100 for their participation in Board meetings. Compensation for Sacramento County Supervisors and City of Sacramento Council members is paid to the County and City of Sacramento, respectively, to partially offset the cost of those governments. Compensation for the other agencies is paid directly to the individual Board members. Compensation for these legislative body meetings is verbally disclosed at each Board meeting in accordance with California Government Code Section 54952.3.
California Assembly Bill (AB) 1234 requires Board Members to provide brief written or oral reports at Board/Council meetings for those meetings or events for which they received the meeting stipend, and for meetings, conferences, or events they have attended for which SacSewer has paid their expenses. As a courtesy, the Clerk of the Board may track these events and incorporate appropriate wording into the agenda sufficient to comply with Board member reporting requirements under AB 1234.
Board Meeting Procedures
General Procedures
The Board fosters public engagement during the meeting and encourages public participation, civility, and use of courteous language. Board meeting procedures follow the requirements outlined in the Brown Act and are described briefly below.
Time and Place
Unless otherwise specified, all meetings of the Board shall be held in Board chambers at the County Administration Building, 700 H Street, Sacramento, California. Board meetings are typically held twice a month on Wednesday. Unless otherwise designated on the Board meeting agenda, regular meetings begin at 9:30 a.m. Seating is limited and available on a first-come, first-served basis.
Cancellation of Meetings
The Clerk shall cancel any meeting for which a quorum is not expected to or does not appear, or when there is not sufficient business to cover during a meeting. Any business on an agenda for a cancelled meeting shall be continued to the next regular meeting unless otherwise specified by the Clerk.
Regular meetings may be cancelled by the Board. The Board may plan multiple cancellations at specific times during the year to help improve the efficiency of operations and the agencies it oversees.
Meeting Materials
Online versions of the Board agendas and associated material are made available on our Board of Directors webpage; click on “View Board Meetings and Agendas.”
Some documents may not be posted online because of size or format (maps, site plans, renderings). For information on meetings held in 2007 or prior, contact the Clerk’s Office by telephone at (916) 874-5451 or email at BoardClerk@saccounty.gov for arrangements to obtain copies of material.
Meeting Agendas
The Clerk shall have and make available for public inspection and copying, and publicly post an agenda for each Wednesday meeting no later than 9:00 a.m. on the Friday immediately preceding that meeting. All agendas for regular meetings shall be posted on the electronic kiosk located in the foyer outside Board chambers.
An agenda shall be prepared by the Clerk for each regular meeting of the Board, and an abstract of all matters requiring action shall be set forth therein. The agenda shall include:
- A brief general description of each item of business to be transacted or discussed during public session
- An identification of any matters to be considered in closed session, including any information required by statute
- A statement notifying members of the public of their right to directly address the Board on items of interest which are within the subject matter jurisdiction of the Board
The following officers shall be authorized to place matters on the agenda as business of the district or entity: The members of the Board, individually; the SacSewer District Engineer; and the legal counsel of the district. The Board shall not take action on an item of business which does not appear on the posted agenda for a regular meeting except that the Board may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3.
Pursuant Government Code Section 54954.2, the Board shall:
- Post an agenda, at least 72 hours before a regular meeting, containing a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session.
- Make available online on the Board of Directors homepage, a direct link to the current agenda. The direct link to the agenda shall not be in a contextual menu; a link in addition to the direct link to the agenda may be accessible through a contextual menu.
- The online posting of an agenda shall be retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications, platform independent and machine readable, and available to the public free of charge and without any restriction that would impede the reuse or redistribution of the agenda.
Consent Calendar
Consent calendar is considered one item, consisting of matters routine in nature and not likely to be subject to debate or inquiry by the members or the public; typically adopted in one motion.
Adding an Item on the Agenda
Matters to be presented at Board meetings are coordinated three weeks in advance and published on the Board’s agenda. To request to place an item on the agenda, submit the request to BoardClerk@saccounty.gov no later than three weeks (3 weeks) prior to the meeting date. Agenda item requests are forwarded to the Chairperson for consideration and review. The agenda is compiled and published by the Clerk of the Board
Meeting Minutes
Action summaries from each meeting, along with approved materials, are posted following each meeting to the SacSewer Meetings webpage, https://agendanet.saccounty.gov/SacSewer/Meetings/Search.
Public Participation
The Board of Directors fosters public engagement during the meeting and encourages public participation, civility, and use of courteous language.
In-person Participation
Any member of the public desiring to address the Board shall first be recognized by the Chairperson. Speakers will be required to complete and submit a speaker request form to Clerk staff. The Chairperson will invite each individual to the podium to make a comment. The person shall then step to the podium and give their comment.
Written Comment
Members of the public may send a written comment which is distributed to Board members and filed in the record. Contact information is optional and should include the meeting date and agenda/off agenda item number to be sent as follows:
- Email a comment to BoardClerk@saccounty.gov
- Mail a comment to 700 H Street, Suite 2450, Sacramento, CA 95814
Decorum
The Board does not condone the use of profanity, vulgar language, gestures, or other inappropriate behavior, including personal attacks or threats directed towards any meeting participant. No person shall engage in conduct that is intended to or is likely to provoke violent or riotous behavior, nor shall any person engage in conduct that disturbs the orderly conduct of the Board meeting. All Board members shall accord the utmost courtesy and professionalism toward each other, to employees, and to the public appearing before the Board.
Enforcement of Board meeting decorum shall be managed by Chairperson.
Speaker Time Limits
Subject to appeal to the Board, the Chairperson may, in the interest of facilitating the conduct of business of the Board, limit the time which a person may expend in addressing the Board, or establish a uniform time limit for each person addressing the Board in relation to a particular matter.
Unless determined otherwise by the Board, the total time allocated during a particular regular meeting to provide an opportunity for all members of the public to address the Board upon matters which are not identified on the posted agenda for that meeting shall not exceed fifteen minutes.
In the interest of facilitating the conduct of SacSewer’s business, members of the public (speakers) who wish to address the legislative body during the meeting will have specific time limits as enumerated below. Consent matters are acted upon as one unit, while Public Hearings and separate matters are acted upon individually. Matters not on the posted agenda will be discussed in accordance with the order of the agenda. Speakers should not expect Board members to comment on or respond to comments directly during the meeting. The Board may request SacSewer staff to follow up with a speaker or provide additional information after the meeting or at a later date.
The Chairperson, at their discretion, may increase or decrease the time allocation. Each speaker shall limit remarks to the specified time allotment as follows:
• Speakers will have three (3) minutes total for a single and/or multiple consent item(s)
• Speakers will have three (3) minutes total for each hearing item
• Speakers will have three (3) minutes total for each separate item
• Speakers will have three (3) minutes total for any matter not on the posted agenda
Request for Accommodation
Requests for accommodations pursuant to the Americans with Disabilities Act (ADA) should be made with the Clerk’s Office at (916) 874-5411 (voice) and CA Relay Services 711 or email BoardClerk@saccounty.gov , as soon as reasonably possible, prior to the meeting.
Recording and Streaming of Meetings
This meeting of the SacSewer Board of Directors is live and recorded with closed captioning. It is cablecast on Metro Cable Channel 14, the local government affairs channel on the Comcast and DirecTV U-Verse cable systems. It is also livestreamed at metro14live.saccounty.gov. Meetings generally replay on Sundays following the meeting at 9:00 a.m. on Channel 14. Once posted, the recording of this meeting can be viewed on demand at youtube.com/metrocable14.
Parliamentary Procedures
Meetings shall follow Robert’s Rules of Order (most current version), unless overridden by a simple majority of the members present.
Voting
All members of the Board, when present, must vote. If a Board member states that they are not voting, their silence shall be recorded as an affirmative vote unless, however, the Board member abstains or recuses from voting by reason of his/her interest in the matter before the Board and that is stated at the meeting.
Electronic or voice voting is required in relation to all actions of the Board, each Board member shall respond by electronic indicator or voice in one of the following ways:
a) “Yes”
b) “No
c) “Abstain”
d) “Recuse”
Voting Requirements
A majority vote is defined as more than half of the votes cast by Board members who are present at a duly called meeting, provided a quorum is present.
Except as defined below, all other action items are subject to majority vote of quorum present.
| Subject | Required Vote | CA Code Section | Description |
|---|---|---|---|
| Taking action on item not on posted agenda | Unanimous | Government Code §54954.2(b)(2) | Take action on an item not appearing on the posted agenda. (Less than two-thirds of the District [“Board”] present.) Where there are at least two-thirds of the Board members present, then only a two- thirds vote is required. |
| Resolution of necessity for Condemnation/Eminent Domain | 4/5 | Code of Civil Procedures §1245.240 (2/3 Statute) | Adopt a resolution of necessity prior to commencing an eminent domain proceeding (unless a greater vote is required by statute, charter or ordinance). |
| Bidding for contractors to perform work for the district | 4/5 | Public Contract Code § 20783 | If all bids are rejected, the Board by resolution adopted by 4/5 vote, may declare that the work can be performed more economically by day labor, or materials or supplies furnished at a lower price in the open market. If there is a present or anticipated great public calamity, including an extraordinary fire, flood, storm or other disaster the Board may by resolution adopted by 4/5 vote declare that the public interest and necessity demand immediate expenditure of public money to safeguard life, health, or property, expend any sum required in the emergency without submitting the expenditure to bid. |
| Authorizing public funds for national or local defense | 4/5 | Government Code § 53792 | Incur all necessary expenses, expend public funds, and expend, use or permit the use of public property or personnel to meet a national or local emergency created by war, military, naval, or sabotage or to provide for adequate national or local defense. |
| Departure from Plans & Specs for work conducted | 4/5 | Health and Safety Code § 4758 | Any work recommended to be done in the report approved and adopted by SacSewer Board shall be done in conformity with the general plans and specifications contained in the report unless the SacSewer Board, by a four-fifths vote, adopts a resolution declaring that the public interest requires a modification is required or departure is to be made. |
| Issuing and selling Bonds | 2/3 | Health and Safety Code § 4786 | If two-thirds of the votes cast are in favor of incurring the bonded indebtedness as proposed, bonds of the district for the amount stated in the resolution calling the election shall be issued and sold. |
Attendance
Board members are expected to attend all scheduled Board meetings in person. Remote attendance is only acceptable under the Brown Act Requirements as prescribed in Government Code section 54953.
The Clerk of the Board shall keep a record of attendance for all Board meetings.
Delegated Authorities
Delegated Authorities, as adopted and approved by the Board, allow a mechanism for the District Engineer to accomplish certain business needs in an efficient manner. These authorities are granted in addition to other delegated authorities, such as those included in the SacSewer Consolidated Ordinance and unique authorities granted through separate resolutions. These authorities may be used in conjunction with other authorities, resolutions, and programs that are approved by the Board.
Board Officers and Appointments
Chairperson means the person elected to serve as chairperson or the person serving as chairperson in the absence of the chairperson as provided in these rules.
At the first meeting in each calendar year, the Board shall elect a Chairperson.
The Chairperson shall preside over the meeting, maintain orderly procedure in accordance with these rules and decide questions of procedure subject to appeal to the full Board.
The Chairperson shall be entitled to vote on all matters before the Board, may participate in discussion relating to any matter, and may second any motion without relinquishing the chair.
Subject to appeal to the full Board, the Chairperson shall rule on all procedural matters or questions not specifically covered by these rules.
In the absence of or inability to act of both the Chairperson and the Vice Chairperson, the members present shall select one of the members present to act as temporary Chairperson.
At the first meeting in each calendar year, the Board shall elect a Vice Chairperson. In the Chairperson’s absence or inability to act, the Vice Chairperson shall preside.
The Vice Chairperson shall possess all powers of the Chairperson and be subject to all prescribed duties for that office.
The District Counsel provides guidance on all legal questions.
The Clerk of the Board of Supervisors of the County of Sacramento, also referred to as the Clerk, additionally serves as the Clerk for the SacSewer Board of Directors. The Clerk maintains the official records of actions made by the SacSewer Board of Directors during meetings.
The general responsibilities of the Clerk are to:
- Protect and preserve various records of the Board;
- Facilitate delivery of records consistent with the provisions of the Public Records Act;
- Receive filings on behalf of the Board;
- Facilitate the preparation, duplication, preservation, and delivery of the Board agenda materials;
- Advise the Board about best practices for records management.
In the absence of the Clerk of the Board, an Assistant Clerk of the Board shall be appointed to exercise the duties of the Clerk of the Board.
Meeting Types
Any regular, adjourned regular, special, or adjourned special meeting may be adjourned from time to time to meet at a later specific time. If all members are absent, the Clerk may adjourn any meeting to a specific time.
“Adjourned meeting” means a continuation of a preceding regular or special meeting scheduled for a particular time for later the same day or a subsequent day. An adjourned meeting is scheduled by Board action at the preceding regular or special meeting by which that meeting is “adjourned to” or “adjourned until” the later specified time.
“Adjourning a meeting” is the Board action by which a regular or special meeting is formally closed.
All meetings of the Board shall be open to the public except for such closed sessions as are authorized by law.
Special meeting means a meeting other than a regular meeting called as authorized by Government Code Section 54956 or 54956.5.
Regular meeting means any meeting of the Board which is automatically scheduled as required by these rules.
