Attorney General Bonta urged to disregard state law and uphold Central Basin Board's questionable majority power structure
Central Basin Water District's Appointment Process Under Scrutiny
The Central Basin Municipal Water District (CB) is facing criticism for alleged violations of state law and its own administrative code in the appointment process of its board members.
Following the resignation of Directors Michael Gualteri and Thomas Beckele in 2024, their seats were filled by Nem Ochoa and Joanna Moreno, a process that reportedly violated the CB Administrative Code. Ochoa, Moreno, Vice President Gary Mendez, and Director Juan Garza have since formed a voting majority, preventing the legally required removal and replacement process from proceeding.
The situation has raised concerns as legal counsel Victor Ponto is reportedly working to change the terms of Ochoa and Moreno's tenure. Ponto authored a letter to California Attorney General Rob Bonta, attempting to obscure or reinterpret the statute governing appointed directors' term limits. However, this letter was not presented for public comment nor voted on by the board, and it was reportedly "approved at the direction of the board."
The board majority's control and Ponto's contested interpretation have allegedly stalled the appointment process mandated under state law. As a result, appointees Ochoa and Moreno have unlawfully retained their board seats beyond their appointed terms, violating the State's Water Code and Central Basin Code.
In a concerning development, CB attorneys are allegedly working on this change without informing the entire board, raising questions about the legitimacy of the approval process given that conflicted appointees may have influenced the letter aimed at extending their tenure.
The appointment process under AB 1794 involves water purveyors and large water companies within CB's boundaries, with a timeline of two months. However, CB General Manager Elaine Jeng, CB attorney Victor Ponto, and certain CB Board members are stalled in the process, violating AB 1794 and the CB Administrative Code.
The issue has attracted the attention of Directors Art Chacon, Jim Crawford, and Leticia Vasquez, who have filed complaints with authorities regarding the delayed appointment process. Vasquez, who opposed AB 1794, has also criticized Nossaman, a law firm, for failing to report their lobbying activities.
In 2015 and 2017, Nossaman was hired by the Central Basin Water Association (CBWA) to lobby for AB 1794, a violation of the IRS' "substantial rule" for non-profits. In November 2019, an LCCN investigation revealed that the CBWA failed to report lobbying activity on its financial documents, violating state, federal, and IRS laws.
The situation is further complicated by the fact that Dan Arrighi and Frank Heldman, who were appointed to the CB Board after AB 1794 passed, were also CBWA Board of Directors at the time. Heldman was also a director in both CB and CBWA during this time.
Attempts to reach CB officials and counsel regarding this issue have reportedly been unsuccessful.
[1] Source: Los Angeles Daily News, "Central Basin Water District's appointment process under scrutiny" (accessed on May 15, 2023)
- The controversy surrounding the Central Basin Water District's (CB) appointment process has sparked debate within the community news, with some members of the community expressing concern about the alleged violations of state law and the CB Administrative Code.
- The ongoing situation has raised questions about the legitimacy of policy-and-legislation decisions made by the CB Board, given the full context of the events involving the appointment process, the involvement of attorneys, and the potential lobbying activities.
- The recent events at the Central Basin Water District have significant implications for the general-news, as they involve issues of politics, corruption, and legal interpretation, and could potentially impact water policies in the region.
