1090.10 Purpose

The Board of Trustees desires that public complaints be resolved at the lowest possible administrative level and that the method for resolution of complaints is logical, systematic, timely, and transparent.

1090.20 Definition of Complaint

A public complaint is an allegation by a member of the public that the District has misapplied or failed to follow a District policy, ordinance, resolution, or applicable law, by which the complainant has been adversely affected. For purposes of this policy, a complaint must allege that the District’s action or inaction has directly and adversely affected the complainant.

For purposes of this policy, a complaint does not include:

• Personnel, labor relations, or employee discipline matters
• Matters subject to separate statutory complaint or appeal processes (including but not limited to ADA, California Public Records Act (Gov. Code § 7920.000 et seq.), whistleblower under Gov. Code § 53296 et seq., or claims governed by the Government Claims Act (Gov. Code § 810 et seq.))
• General policy disagreements or legislative decisions of the Board
• Matters involving pending or threatened litigation

Such matters shall be addressed through the appropriate legal or administrative process and are not governed by this policy.

1090.30 The method of resolving complaints shall be as follows:

      1090.31 The complainant shall first discuss the matter with the employee’s direct supervisor (or other responsible employee) with the objective of resolving the matter informally.

       Staff shall make reasonable efforts to acknowledge receipt of the complaint within five (5) business days or less, when reasonably practicable, and to resolve the matter promptly.

      1090.32 If the complainant is not satisfied with how the complaint was handled, to the complaint may be submitted in writing to the District Manager and shall then be considered a formal complaint. The District Manager will review the complaint and may gather relevant information, meet with involved parties, and review written documentation as necessary. At the District Manager’s discretion, appropriate investigative steps may be taken to determine the relevant facts.

        The District Manager shall issue a written decision summarizing the complaint, the review conducted, and the disposition of the matter, and shall provide a copy to the complainant within a reasonable time. The District Manager’s review shall constitute the administrative record for purposes of any appeal to the Board.

      1090.33 If the complainant is not satisfied with the disposition of the matter by the District Manager, a written appeal may be filed with the Board of Trustees within ten (10) business days of receipt of the District Manager’s written decision. The Board may consider the matter at a duly noticed regular meeting or special meeting in accordance with the Ralph M. Brown Act (Gov. Code §54950 et seq.). In making the final decision, the Board may review the administrative record, receive relevant written information, and, at its discretion, receive limited testimony. The Board’s review shall be limited to determining whether District policy or applicable law was misapplied or not followed.

       The Board’s decision shall be final and shall be memorialized in writing, with a copy provided to the complainant. The Board’s decision shall constitute the District’s final administrative action.

1090.40 This policy in no way prohibits or is intended to deter a member of the community from appearing before the Board to provide a verbal testimony, a complaint, or a statement regarding Board actions, District programs and services, or matters within the Board’s jurisdiction, in accordance with the public comment provisions of the Ralph M. Brown Act.

1090.50 No person shall be subject to retaliation for filing a complaint or participating in the complaint process in good faith. Any employee found to have engaged in unlawful retaliation may be subject to disciplinary action in accordance with District policy and applicable law.

1090.60 Complaints and responses prepared pursuant to this policy are District records and shall be maintained in accordance with applicable records retention requirements and the California Public Records Act (Gov. Code §7920.000 et seq.). Records shall be disclosed upon request unless exempt from disclosure under applicable law. Confidential or privileged information shall be redacted as required by law.

 

Issued: July 10, 2002

Board Approval: March 11, 2026