Evidence Presented to Support the Continued Exclusion of Central Basin Board Members due to Questionable Actions
The Central Basin Municipal Water District (CB) is embroiled in a controversy over allegations that some of its directors are abusing their authority and violating state law, the Water Code, and the district's own Administrative Code.
At the heart of the issue is a voting-bloc majority on the board, which includes directors Nem Ochoa and Joanna Moreno, who have remained on the board past their term limits. This, according to legal experts, gives them a personal stake in the outcome and disqualifies them from making decisions that affect their tenure.
The conflict of interest has led to a series of violations of the district's administrative code and the Water Code. For instance, the directors who should recuse themselves are Ochoa and Moreno, leaving only Mendez and Garza to make decisions. However, with only two directors, the board does not have a quorum or a legal majority to provide official direction.
The board's actions have been questionable from the start. The letter from the legal team, directed to the Attorney General, was not agendized nor approved by the CB Board, a serious violation of the Brown Act. The letter sought to reinterpret or obscure the clear statute that mandates the replacement of Ochoa and Moreno on the board.
The nomination process for new directors under the CB Administrative Code should have started on November 1, 2024, but has not occurred. This is a violation of the CB Administrative Code, 1.4 (a). The ballots with qualified nominees should have been FedEx'd out for voting on January 1, but have not occurred, violating CB Administrative Code, 1.4 (e). The winners should have been announced and posted on CB's website within 7 days, but have not occurred, violating CB Administrative Code, 1.4 (f).
Moreover, the appointments of Ochoa and Moreno were made after the resignation of Michael Gualtieri and Thomas Bekele in 2024, before their terms ended, which is a clear violation of the State's Water Code and CB Administrative Code. The replacement director serves out the remainder of the term and then must resign their position, but this has not occurred, violating the State's Water Code, Chapter 1.6 - Central Basin Municipal Water District Chapter 1.6, Sections 71266 (2), 71267 (h) and Central Basin Administrative Code, Part 2, 1.4 (j).
The Central Basin Board, including Ochoa, Moreno, VP Gary Mendez, and Director Juan Garza, are preventing any actions to remove them and have sent a letter to CA AG Bonta asking to alter the stated terms of appointed directors. This request is being met with resistance, as it is seen as an attempt to circumvent the clear statutes that mandate their replacement.
The Central Basin Board's actions have raised serious concerns about governance principles and the Water Code. The board's voting-bloc majority, which includes directors who have overstayed their terms and have conflicts of interest, does not have proper authority or legitimacy to provide direction on official matters like sending a letter to the Attorney General, as their actions violate the Water Code and administrative rules mandating term limits and replacement procedures.
The nomination period for new directors under the CB Administrative Code is set to begin on February 28, 2025. It remains to be seen whether the board will finally adhere to the rules and start the process of nomination and replacement.
[1] Source: Central Basin Municipal Water District Administrative Code, State's Water Code, and Brown Act.
- The controversy surrounding the Central Basin Municipal Water District (CB) has extended to the realm of crime and justice, as questions arise about the board's actions violating the Brown Act and the Water Code.
- Amidst the turmoil, community news outlets have been reporting on the events unfolding at the CB, with a particular focus on the policy-and-legislation aspects, including the board's conflicts of interest and violations of administrative codes.
- The unfolding saga at the CB, marked by accusations of abusing authority and violating state laws, is not just a matter of general-news interest; it also sheds light on the crucial role of accountability and adherence to policy-and-legislation in local politics, specifically in the crime-and-justice sector.
