Central Accusations Against Appointed Central Basin Board Members' Continued Tenure on the Board
Central Basin Board Faces Legal and Ethical Challenges
The Central Basin Board, a crucial water district in California, is currently embroiled in a controversy surrounding the actions of a voting-bloc majority. This group, consisting of Nem Ochoa, Joanna Moreno, Gary Mendez, and Juan Garza, is facing significant legal and ethical challenges in justifying their actions.
The heart of the issue lies in the board members' continued service beyond their authorized term limits. If they have indeed termed out, as per the State's Water Code and Central Basin Administrative Code, their continued involvement in official capacity could be seen as a violation of provisions regulating board membership and terms.
The board's authority to provide binding direction, even on communications with the Attorney General, is questionable under these circumstances. The board's decisions and official actions typically require valid appointments within term limits and compliance with conflict of interest rules codified in relevant laws and regulations.
The conflict of interest arises not just from termed-out status but potentially from personal or financial interests in decisions related to water management. Rules governing appointed boards usually include provisions mandating recusal or disqualification where conflicts exist.
The State Water Code and Central Basin Administrative Code provide frameworks for the governance and accountability of the water district’s board. Violations of these codes by acting beyond term limits can render board actions invalid or subject to legal challenge.
The situation has led to several violations of the Central Basin Administrative Code. The nomination process for new directors has not started, the ballots with qualified nominees have not been FedEx'd out for voting, and the winners should have been announced and posted on CB's website within 7 days but have not occurred.
Moreover, the group is overruling the remaining three directors who have complained several times since November 2024, when the replacement process should have started. The directors are also preventing any actions to remove them.
It's important to note that Ochoa and Moreno were appointed to take the seats of two directors who had resigned in 2024 before their term ended, and the replacement director serves out the remainder of the term and then must resign their position. However, this has not occurred, violating the State's Water Code and Central Basin Administrative Code.
The Central Basin's General Manager, Elaine Jeng, and General Counsel, Victor Ponto, are participating in the violations and refusing to start the replacement process. The directors have even sent an unauthorized letter to California Attorney General Bonta asking to alter the stated terms of appointed directors.
AB 1794, passed in 2016, added Chapter 1.6 to Part 3 of Division 20 of the California Water Code, which governs the Central Basin Board. The group is attempting to keep appointed members who are termed out, violating the State's Water Code, Chapter 1.6 - Central Basin Municipal Water District Section 71267 (h).
In summary, the voting-bloc majority’s justification for providing direction under these conditions is legally tenuous at best unless there is a specific provision allowing them to continue temporarily in a holdover or interim capacity, which must be clearly established in the Water Code or Basin regulations. Without such authorization, their directive may be viewed as a violation of governance standards and subject to legal dispute.
It's advisable to review the exact language of those codes regarding term limits, conflict of interest, and board member authority for authoritative interpretation and possible remedies.
- The controversy surrounding the Central Basin Board, a water district in California, revolves around the voting-bloc majority's service beyond authorized term limits, potentially leading to violations of policies and legislation related to board membership and terms.
- The continued involvement of termed-out board members could be seen as a violation of the State's Water Code and Central Basin Administrative Code, potentially making their decisions and official actions questionable and subject to legal challenge.
- The situation warrants a review of the exact language of the codes regarding term limits, conflict of interest, and board member authority to ensure adherence to general news, crime-and-justice, and community news standards, and to explore potential remedies and interpretations.
