Board Reference Materials

What is a public agency?

A public agency is an organization established to provide specific services or administer public resources. These agencies can operate at the local, regional, or national level and are tasked with carrying out various functions that serve the public interest. Examples of public agencies include departments of education, transportation authorities, environmental protection agencies, and social services agencies. They have a defined mission or mandate and are accountable to the public they serve.

In California, a Groundwater Sustainability Agency (GSA) is a specific type of public agency designated by law to manage and regulate groundwater resources in a sustainable manner. GSAs were established under the Sustainable Groundwater Management Act (SGMA), enacted in 2014 in response to critical over-drafting and depletion of groundwater basins across the state.

What does it mean to serve on a board or committee of a public agency?

Being on a board or committee of a public agency involves serving in a governance or advisory capacity to help oversee and guide the operations of the agency. Members of these boards or committees are usually appointed or elected and represent various stakeholders, such as the government, the community, or specific interest groups.

The basic rules for members of a public agency board of directors, such as those governing Groundwater Sustainability Agencies (GSAs) or other similar entities, are designed to ensure transparency, accountability, and effective governance. These rules are influenced by state laws and the specific regulatory framework within which the public agency operates. Below is a list of the fundamental principles that apply to board members of public agencies. Many of these principles (open meetings, ethical conduct, transparency, participation and engagement) equally apply to the members of a public agency standing committee.

• Statutory Compliance: Board members must comply with state and federal laws that regulate public agencies. This includes adherence to specific statutes that govern their operations, such as the Sustainable Groundwater Management Act (SGMA) for GSAs in California.
• Open Meetings: Board members are required to follow open meeting laws (such as the Brown Act in California), which mandate that meetings be held publicly and agendas be posted in advance. These laws ensure that the public has access to the proceedings of the board and can participate in the decision-making process.
• Conflict of Interest: Members must avoid conflicts of interest and are often required to disclose their financial interests. They must recuse themselves from decisions where they have a personal or financial interest that could influence their judgment.
• Ethical Conduct: Board members are expected to adhere to high ethical standards. This includes integrity, fairness, and respect in their dealings both within the board and with the public.
• Fiduciary Duty: They have a fiduciary duty to act in the best interest of the public agency and its stakeholders. This involves prudent use of agency resources, making informed decisions, and safeguarding the agency’s assets.
• Transparency: Board members must ensure that their actions and those of the agency are transparent. This includes clear documentation of decisions and actions, proper record-keeping, and making information accessible to the public.
• Accountability: Members are accountable to the public and must regularly report on their activities, the agency’s performance, and its compliance with relevant laws and objectives.
• Participation and Engagement: Board members are expected to actively participate in meetings, contribute to discussions, and engage with community and stakeholder inputs to inform their decisions.
• Education and Training: Board members often are required or encouraged to participate in ongoing education and training to stay informed about the laws, technologies, and best practices relevant to their roles.
• Effective Governance: Board members should strive for effective governance by setting clear goals, managing resources efficiently, and evaluating the agency’s performance against its objectives.