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2019 Texas Groundwater Summit Steve Kosub Senior Water Resources Counsel San Antonio Water System Governance August 22, 2019

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Page 1: Senior Water Resources Counsel San Antonio Water …...Steve Kosub Senior Water Resources Counsel San Antonio Water System Governance August 22, 2019 August 22, 2019 2019 Texas Groundwater

2019 Texas Groundwater Summit

Steve KosubSenior Water Resources Counsel

San Antonio Water System

Governance

August 22, 2019

Page 2: Senior Water Resources Counsel San Antonio Water …...Steve Kosub Senior Water Resources Counsel San Antonio Water System Governance August 22, 2019 August 22, 2019 2019 Texas Groundwater

August 22, 2019

2019 Texas Groundwater Summit Page 2

Governance

• Governance is the action or manner of governing. Oxford Dictionaries

Definition

Page 3: Senior Water Resources Counsel San Antonio Water …...Steve Kosub Senior Water Resources Counsel San Antonio Water System Governance August 22, 2019 August 22, 2019 2019 Texas Groundwater

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2019 Texas Groundwater Summit Page 3

Governance

• “…districts shall be governmental agencies and bodies politic and corporate with such powers of government and with the authority…as may be conferred by law.” Tex. Const. Art. 16, § 59

Constitutional foundation

Page 4: Senior Water Resources Counsel San Antonio Water …...Steve Kosub Senior Water Resources Counsel San Antonio Water System Governance August 22, 2019 August 22, 2019 2019 Texas Groundwater

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2019 Texas Groundwater Summit Page 4

Governance

• “The governing body of a district is the board of directors.” Tex. Water Code § 36.051

• What principles guide the work of governing?

Statutory foundation

Page 5: Senior Water Resources Counsel San Antonio Water …...Steve Kosub Senior Water Resources Counsel San Antonio Water System Governance August 22, 2019 August 22, 2019 2019 Texas Groundwater

August 22, 2019

2019 Texas Groundwater Summit Page 5

Governance

• Integrity

• Leadership

• Transparency

• Accountability

• Fairness

Principles

Page 6: Senior Water Resources Counsel San Antonio Water …...Steve Kosub Senior Water Resources Counsel San Antonio Water System Governance August 22, 2019 August 22, 2019 2019 Texas Groundwater

August 22, 2019

2019 Texas Groundwater Summit Page 6

Governance

• Integrity

– Being honest, fair and independent

– Honoring the letter and spirit of the law

– Recognizing, declaring and managing conflicts of interest

– Doing the right thing

Principles

Page 7: Senior Water Resources Counsel San Antonio Water …...Steve Kosub Senior Water Resources Counsel San Antonio Water System Governance August 22, 2019 August 22, 2019 2019 Texas Groundwater

August 22, 2019

2019 Texas Groundwater Summit Page 7

Governance

• Leadership

– Establishing policies and strategic goals

– Providing necessary resources to achieve goals

– Monitoring and evaluating achievement of goals

– Supporting staff and holding them to account as a Board

Principles

Page 8: Senior Water Resources Counsel San Antonio Water …...Steve Kosub Senior Water Resources Counsel San Antonio Water System Governance August 22, 2019 August 22, 2019 2019 Texas Groundwater

August 22, 2019

2019 Texas Groundwater Summit Page 8

Governance

• Transparency

– Conducting the public’s business in public

– Regular and effective communication with stakeholders

– Responding to stakeholders’ questions and concerns

Principles

Page 9: Senior Water Resources Counsel San Antonio Water …...Steve Kosub Senior Water Resources Counsel San Antonio Water System Governance August 22, 2019 August 22, 2019 2019 Texas Groundwater

August 22, 2019

2019 Texas Groundwater Summit Page 9

Governance

• Accountability

– Fair and clear disclosure of success and failure

– Internal financial controls

– Audit and financial reporting

– Risk assessment and management

Principles

Page 10: Senior Water Resources Counsel San Antonio Water …...Steve Kosub Senior Water Resources Counsel San Antonio Water System Governance August 22, 2019 August 22, 2019 2019 Texas Groundwater

August 22, 2019

2019 Texas Groundwater Summit Page 10

Governance

• Fairness

– Impartial and unbiased treatment of stakeholders

– Respect for due process of law

Principles

Page 11: Senior Water Resources Counsel San Antonio Water …...Steve Kosub Senior Water Resources Counsel San Antonio Water System Governance August 22, 2019 August 22, 2019 2019 Texas Groundwater

August 22, 2019

2019 Texas Groundwater Summit Page 11

Governance

• Board is a collective entity and functions only as a collective entity

– Importance cannot be overstated

– Exists to act together, not as individuals

– Discusses business in public to maximum extent possible

– Acts only in public through a vote

Practices

Page 12: Senior Water Resources Counsel San Antonio Water …...Steve Kosub Senior Water Resources Counsel San Antonio Water System Governance August 22, 2019 August 22, 2019 2019 Texas Groundwater

August 22, 2019

2019 Texas Groundwater Summit Page 12

Governance

• An effective Board focuses on policy, strategic goals and results

• Governance and management are different

– Governance is responsibility of Board

– Management is responsibility of staff

– Maintaining distinction requires judgment, respect and restraint

Practices

Page 13: Senior Water Resources Counsel San Antonio Water …...Steve Kosub Senior Water Resources Counsel San Antonio Water System Governance August 22, 2019 August 22, 2019 2019 Texas Groundwater

August 22, 2019

2019 Texas Groundwater Summit Page 13

Governance

• Board supervises General Manager

• General Manager supervises staff

• Roles must be respected

– Board should speak to GM with one agreed voice

– GM must ensure that Board is fully informed

– Board should not engage in administration

• Two-way communication essential

Practices

Page 14: Senior Water Resources Counsel San Antonio Water …...Steve Kosub Senior Water Resources Counsel San Antonio Water System Governance August 22, 2019 August 22, 2019 2019 Texas Groundwater

August 22, 2019

2019 Texas Groundwater Summit Page 14

Governance

• Board meetings must be efficient and effective

– Comfortable and accessible facility

– Reasonable time

– Manageable agenda

– Board members

• present

• prepared

• engaged

Practices

Page 15: Senior Water Resources Counsel San Antonio Water …...Steve Kosub Senior Water Resources Counsel San Antonio Water System Governance August 22, 2019 August 22, 2019 2019 Texas Groundwater

August 22, 2019

2019 Texas Groundwater Summit Page 15

Governance

• Board meetings (cont.)

– Respectful dialogue

• between board members

• between board and staff

– Opportunity for public comment important, but limitations are essential

• public can go home

• board must remain until business is complete

Practices

Page 16: Senior Water Resources Counsel San Antonio Water …...Steve Kosub Senior Water Resources Counsel San Antonio Water System Governance August 22, 2019 August 22, 2019 2019 Texas Groundwater

August 22, 2019

2019 Texas Groundwater Summit Page 16

Governance

• Board meetings (cont.)

– Understand and utilize common rules of order

– Opinions will vary

– All votes need not be unanimous

– Decision, once made, should be respected and supported by all

Practices

Page 17: Senior Water Resources Counsel San Antonio Water …...Steve Kosub Senior Water Resources Counsel San Antonio Water System Governance August 22, 2019 August 22, 2019 2019 Texas Groundwater

August 22, 2019

2019 Texas Groundwater Summit Page 17

Governance

• An effective Board will be educated in its role, legal duties and responsibilities

– Take full advantage of training and educational opportunities

– Engage, utilize and respect good legal counsel

• An ounce of prevention is worth a pound of cure

Practices

Page 18: Senior Water Resources Counsel San Antonio Water …...Steve Kosub Senior Water Resources Counsel San Antonio Water System Governance August 22, 2019 August 22, 2019 2019 Texas Groundwater

August 22, 2019

2019 Texas Groundwater Summit Page 18

Governance

• to the district

• to your conscience

• to voters

• to stakeholders

• to the law

– civil liability

– criminal liability

Personal accountability

Page 19: Senior Water Resources Counsel San Antonio Water …...Steve Kosub Senior Water Resources Counsel San Antonio Water System Governance August 22, 2019 August 22, 2019 2019 Texas Groundwater

2019 Texas Groundwater Summit

Steve KosubSenior Water Resources Counsel

San Antonio Water System

Governance

August 22, 2019