Item No. 2
PENINSULA CLEAN ENERGY AUTHORITY
At Places Memorandum
DATE: June 27, 2024
MEETING DATE: June 27, 2024
VOTE REQUIRED: Majority Vote
TO: Honorable Peninsula Clean Energy Authority Board of Directors FROM: Shawn Marshall, Chief Executive Officer
Nelly Wogberg, Board Clerk
SUBJECT: Approval of Amendments to Peninsula Clean Energy's Operating Rules and Regulations: Policy 14, "Delegation of Non-Energy Contracts Commitment and Financial Authority Policy", Policy 15, "Energy Supply Procurement Authority", and Policy 16, "Selection of the Chair and Vice Chair and Appointment to the Executive Committee and Other Standing Board Committees" It was brought to Staff’s attention that the proposed updates to Policy 16, “Policies and Procedures for Board of Directors, Committees, and Advisory Groups” contained an error.
Section 4.a. of Policy 16 referenced the incorrect section of the Joint Powers Authority (JPA).
The section should reference Section 3.9.1 of the JPA. Staff also included a line to better clarify the relationship with the JPA. Please see the excerpt from Policy 16 and the updates highlighted in yellow below.
4.a. Chair and Vice-Chair
The Chair and Vice-Chair will be elected by the Board to serve one-year terms and be subject to term limits as defined by the Peninsula Clean Energy Join Powers Authority Section 3.9.1, “Selection of Board Officer”. A member may serve as Chair for one-year terms for the number of terms specified in the JPA, however, after a break in service of at least one-year, a member may again serve as Chair. The same rules apply to the position of Vice-Chair. A member may serve consecutive terms as Vice-Chair and then subsequently serve as Chair. There is a general expectation that Vice-Chairs will serve as Chair following their term as Vice-Chair.
However, ultimately, the decision of whom to elect is at the discretion of the Board.
Item No. 14
PENINSULA CLEAN ENERGY AUTHORITY
At Places Memorandum
DATE: June 27, 2024
MEETING DATE: June 27, 2024
VOTE REQUIRED: Majority Vote
TO: Honorable Peninsula Clean Energy Authority Board of Directors FROM: Shawn Marshall, Chief Executive Officer
Nelly Wogberg, Board Clerk
SUBJECT: Preliminary Approval of Proposed Administrative Updates to the Peninsula Clean Energy Authority Joint Powers Authority (JPA) Agreement (Action) It was brought to Staff’s attention that the proposed updates to the Joint Powers Authority (JPA), contained an error. Section 3.9.1 of the JPA was missing the inclusion of the Term Limits as explained in the Staff Report and incorrectly referenced Policy 16. Please see the excerpts from the JPA showing the old language and the proposed new language, highlighted in yellow below.
Original Proposed Update:
3.9.1 Chair and Vice Chair. The Directors shall select, from among themselves, a Chair, who shall be the presiding officer of all Board meetings, and a Vice Chair, who shall serve in the absence of the Chair. The term of office of the Chair and Vice Chair shall be specified in the Operating Rules and Regulations (Policy 16, “Policies and Procedures for Board of Directors, Committees, and Advisory Groups”). The office of either the Chair or Vice Chair shall be declared vacant and a new selection shall be made if:
Corrected Proposed Update
3.9.1 Chair and Vice Chair. The Directors shall select, from among themselves, a Chair, who shall be the presiding officer of all Board meetings, and a Vice Chair, who shall serve in the absence of the Chair. The term of office of the Chair and Vice Chair shall continue for one year, but there shall be a limit of two (2) terms held by either the Chair or Vice Chair. The office of either the Chair or Vice Chair shall be declared vacant and a new selection shall be made if: