Carlsbad Municipal Code Ch. 1.08 Administration and Personnel

This Code shall refer only to the omission or commission of acts within the territorial limits of the District and to that territory outside of the District over which the District has jurisdiction or control by virtue of the Constitution, or any law, or by reason of ownership or control of property.

(Ord. 50, 11/12/2024)

The City Council of the City of Carlsbad will sit as the Board of Directors of the Carlsbad Municipal Water District.

(Ord. 50, 11/12/2024)

A. The Mayor of the City of Carlsbad shall serve as the President of the Board of Directors. It shall be the duty of the President to preside over the meetings of the Board of Directors, appoint committee members, appoint organization representatives and perform such other duties and responsibilities as required or imposed by law or a majority vote of the Board of Directors.

B. The Mayor Pro Tem of the City of Carlsbad shall serve as the Vice President of the Board of Directors and shall exercise the powers and duties of the President, if the President is absent or unable to act.

C. The City Manager of the City of Carlsbad shall be the Executive Manager of the District. The Executive Manager shall be the administrative head of the District under the direction and control of the Board of Directors. The Executive Manager shall be responsible for the efficient administration of all affairs of the District and shall report directly to the Board of Directors.

D. The City Attorney of the City of Carlsbad shall be the General Counsel of the District.

E. The City Clerk of the City of Carlsbad shall be the Secretary to the Board of Directors. In addition to the duties imposed on the Secretary by law, the Secretary shall perform such duties as may be imposed by the Board of Directors.

F. The Public Works Director means the Deputy City Manager, Public Works, of the City of Carlsbad or designated representative who is responsible for the engineering decisions required for the planning, design and construction of the District’s water and recycled water facilities.

G. The General Manager shall be the administrative officer responsible directly to the Executive Manager for the administration and operations of the District. The Executive Manager shall delegate to the Deputy City Manager, Public Works, and the Deputy City Manager, Public Works shall delegate to the General Manager responsibility for day-to-day activities of the District.

H. Unless otherwise prohibited by state law or a provision of a resolution or ordinance adopted by the Board of Directors, all duties and powers granted to or imposed upon the Executive Manager may be delegated by the Executive Manager to other officers, department heads or management employees of the City of Carlsbad.

(Ord. 50, 11/12/2024; Ord. 51, 10/7/2025)

The conflict of interest code of the City of Carlsbad shall be the conflict of interest code for the Board of Directors, Executive Manager, General Counsel, and Secretary. Financial disclosure statements filed by the Mayor and City Council, City Manager, City Attorney and City Clerk for the City of Carlsbad shall satisfy the filing obligations under the Political Reform Act for District officials and the conflict of interest code for the Carlsbad Municipal Water District.

(Ord. 50, 11/12/2024)

A. Regular and special meetings of the Board of Directors may be held in conjunction with scheduled meetings of the City Council of the City of Carlsbad or as needed to conduct District business. Regular meetings of the Board of Directors will be at City Hall in the City Council Chamber, unless a different location has been designated by the President or action of the Board of Directors. Regular meetings of the Board of Directors may be held concurrently with meetings of the City Council.

B. Special meetings of the Board of Directors may also be called by the President, a majority of the Board, the Executive Manager or the General Counsel. Notice of a special meeting must be given and posted as provided in Section 54956 of the California Government Code. The notice must include the date, time and location of the meeting, and a brief statement of the business to be transacted or discussed. No other business may be transacted or discussed at the meeting.

The procedures for meetings of the Board of Directors shall be the procedures of the City Council, including the provisions of Chapter 1.20 of the Carlsbad Municipal Code.

C. The Secretary is responsible for the minutes of all meetings of the Board of Directors, except closed sessions. The minutes shall conform with Carlsbad Municipal Code Section 1.20.080 and will be presented and approved by the Board of Directors according to the procedures of Carlsbad Municipal Code Section 1.20.080.

D. The Board of Directors shall act only by ordinance, resolution or motion. A majority of the Board of Directors shall constitute a quorum for the transaction of business. No ordinance, motion or resolution shall be passed to become effective without the affirmative vote of a majority of the members of the Board of Directors. Action not requiring adoption of a resolution or ordinance, including providing direction or authorization to a District officer or staff, may be taken by motion recorded in the minutes of the meeting. On all ordinances, the roll shall be called and the ayes and noes recorded in the minutes of the proceedings. The enacting clause of the ordinance shall be: "BE IT ORDAINED by the Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad, California, as follows:" Resolutions, motions and orders may be adopted by a voice vote, but on demand of any member, the roll shall be called the vote recorded.

E. Records of all proceedings and actions taken by the Board of Directors shall be kept at the Office of the Secretary.

(Ord. 50, 11/12/2024)

The City of Carlsbad will act as the agent of the District in the performance of some of the administrative and operational functions of the District. Any City employee assigned to perform services for the District will remain an employee of the City.

(Ord. 50, 11/12/2024)