File #: R-15-5    Version: Name:
Type: Resolution Status: Adopted
File created: 1/23/2015 In control: Albuquerque Bernalillo County Water Utility Authority
On agenda: 1/28/2015 Final action: 3/18/2015
Title: Amending the Customer Advisory Committee
Sponsors: Albuquerque Bernalillo County Water Utility Author
Attachments: 1. R-15-5
ALBUQUERQUE BERNALILLO COUNTY
WATER UTILITY AUTHORITY
 
 
BILL NO.      ______R-15-5____
 
RESOLUTION
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AMENDING THE CUSTOMER ADVISORY COMMITTEE.
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WHEREAS, the Water Authority established a Customer Advisory Committee in 2006 to review and provide advice on the utility's policies, plans, and projects; and
WHEREAS, a professional and technical group of volunteer individuals who represent the core functional areas of operating a water and wastewater utility is needed to provide outside expertise in best practices and private sector applications for continuous business improvement; and
WHEREAS, the Water Authority strongly believes that an ongoing customer advisory committee will assist in increasing customer awareness and improve customer services for our ratepayers; and
BE IT RESOLVED BY THE WATER AUTHORITY:
      Section 1.      A [+Technical+] Customer Advisory Committee [-(CAC)-] [+(TCAC)+] shall be established to assist in and facilitate public review and discussion on [+Water+] Authority policies, plans and programs.  
A.      Membership.  The [-(CAC)-] [+(TCAC)+]  shall consist of nine members who shall serve without compensation, and shall not be an [+ elected or appointed +] [- elective or appointive -] officer or employee of the [+Water+] Authority, City or County [+ or their+] [- nor an -] immediate family [+ members. +] [- of an elected Water Authority, City or County official. -]
B.      Composition.  The [-(CAC)-] [+(TCAC)+]  shall be representative of [- a broad range -] [+ the core functional areas +] of [- interests - ] [+operating a water +] and [- of the geographic diversity of the Authority's service area, and -] [+ wastewater utility.  TCAC Members +] shall be a customer [+/ ratepayer+] of the [+Water+] Authority's water or wastewater system.  [- To the extent practicable, it is suggested that appointed members-] [+ Members must +] have professional or technical competence in one of the following areas: water resource planning, [- or-] water system engineering, [+ or construction,+] environmental, [-or public interest-] [+ non-profit water management +] advocacy [+ /education+], planning, [-or-] landscape architecture, financial or business management, resource economics, [-and-] [+or+] customer service.
C.      Selection Process. [-Authority board members-] [+Customers interested in serving on the TCAC+] shall submit [-nominees-] [+an application to the Water Authority.  Applications will be compiled and forwarded+] to the [+Water Authority Board+] Chair.  The Chair [-shall forward-] [+will review+] the [+ applications and submit qualified +] nominations [+ to the governing board +] for confirmation [-by the Authority board.-]
D.      Terms.  Members shall be appointed for two-year terms.  No member shall serve more than two consecutive terms.  Members whose terms expire may continue to serve until a successor member is appointed.[-In such case when a new member is appointed, the term shall relate back to the time of expiration of the previous term.  Service for a partial term of greater than one year constitutes a term for the purpose of determining the consecutive number of terms permissible.  The terms of the initial members shall be staggered. -]
E.      Vacancies.  Vacant positions occurring as a result of an expired term shall be filled [+ as soon as practicable to the +] [- within sixty days of the time a vacancy occurs or within sixty days of the -] expiration of the term.  Vacant positions occurring for reasons other than an expired term shall be filled [- with the replacement member serving for the remainder of the unexpired term.-] [+and start a new term.+]
F.      Removal.  A member may be removed for any one or more of the following reasons:
1.  The member has been absent from two consecutive meetings, unless the absence is excused by the [-(CAC)-] [+(TCAC)+]  Chair.  For this purpose, being absent is defined as not being in attendance 75% or more of the duration of each officially called meeting.
2.  The member has been absent, whether excused or not, from more than 50 percent of the meetings during any consecutive four month period.
3.  The member is incapacitated, neglectful of duty or commits malfeasance in office, as determined by the appointing entity.
G.      Staff.  The [-(CAC)-] [+(TCAC)+]  shall be staffed by [- both -]the [+Water+] [-Resources Management Program and the Office of the Water Utility -] Authority. [+The Executive Director shall designate a Clerk of the TCAC who shall keep the minutes and records of the TCAC meetings.+]
H.      Reports.  The [-(CAC)-] [+(TCAC)+]  shall report at least annually to the [+Water+] Authority on its activities and any recommendations on [+Water+] Authority policies, plans or programs.  
I.      Other Duties, Responsibilities, and Powers.  The [-(CAC)-] [+(TCAC)+]  shall have other duties, responsibilities, and powers as may be [- jointly-] delegated to it by the [+Water+] Authority.
      Section 2.      Organization and Meetings.
      A.      Officers.  The [-(CAC)-] [+(TCAC)+]  shall elect a Chair and a Vice-Chair for one year terms on an annual basis at the first scheduled meeting of the calendar year.  In the event that a vacancy occurs in the office of the Chair, the [-(CAC)-] [+(TCAC)+]  members shall vote to fill the vacancy at the next regularly scheduled meeting of the [-(CAC)-] [+(TCAC)+].  The selection of the new chair shall require a majority in the affirmative of the members present and voting.  No officer shall serve consecutive terms in the same position.  
      B.      Meetings.
            1.      The [-(CAC)-] [+(TCAC)+]  shall hold meetings at least bimonthly.  Should the workload diminish sufficiently, as determined by the [-(CAC)-] [+(TCAC)+], the [-(CAC)-] [+(TCAC)+]  may reduce its meeting schedule to no less than quarterly.  The [-(CAC)-] [+(TCAC)+]  shall meet a minimum of four times a year.
            2.      All meetings shall be in compliance with the provisions of the Open Meetings Act.
      C.      Conduct of Business.  Unless the [-(CAC)-] [+(TCAC)+]  adopts other written rules to govern its proceedings, the [-(CAC)-] [+(TCAC)+]  shall conduct business according to Robert's Rules of Order, which the [-(CAC)-] [+(TCAC)+]  may modify in writing as it deems appropriate.  A [ - quorum - ] [ + majority, but no less than four +] of [- five members-] [+ filled TCAC positions +] shall[- be -] [+ constitute a quorum +] necessary to transact business, adopt motions, or conduct voting.  Actions shall be decided by a majority of the members present.
      D.      Records.  A record shall be kept of all meetings of the [-(CAC)-] [+(TCAC)+], including the vote of each member on each action.  
      E.      Conflict of Interest.
            1.      Any member who has a conflict of interest regarding a policy, decision, or determination before the [-(CAC)-] [+(TCAC)+]  or one of its committees or work groups on which the member serves shall, as soon as possible after the conflict of interest becomes apparent, disclose the nature of the conflict to each of the other members voting on the matter.  Disclosures shall be recorded.  Disclosure of a conflict of interest shall not disqualify a member from participating in any discussion, debate, or vote on the matter unless:
                  a.      A majority of the remaining members voting on the matter determines that, for reasons of propriety, the member [+shall+] [-should-] not participate or vote on the matter; or
                  b.      The member voluntarily disqualifies himself or herself.
            2.      For purposes of this [- ordinance -] [+ resolution +], a CONFLICT OF INTEREST means that the member [+ or the +], [- member's spouse, or -] member's [+ immediate family +] [- minor child-] has [- an -] [+a direct +] adverse or financial interest [+ which could be affected by +] [- in -] the outcome of any policy, decision, or determination before the [-(CAC)-] [+(TCAC)+]  or one of its committees or work groups on which the member serves.