Unauthorized Letter from Central Basin to Attorney General in Bid to Maintain Term-Limited Members
A controversial letter was sent by the Central Basin (CB) Board of Directors to California Attorney General Rob Bonta on February 24, 2025, sparking questions about transparency and accountability. The letter, which was not included in a CB regular board meeting agenda for discussion and voting, requested Bonta's opinion on altering AB 1794 to allow Nem Ochoa and Joanna Moreno to remain on the CB Board despite their terms expiring.
The timing of the letter's sending is suspect, as it occurred just days before newly appointed directors would have taken Ochoa and Moreno's seats on February 28, 2025. Replacements for Ochoa and Moreno were scheduled to take their seats, but the process of appointing new directors takes 120 days, prolonging the impact of Ochoa and Moreno's attendance at meetings.
The California Attorney General's opinion on altering AB 1794 affects the continued tenure of Nem Ochoa and Joanna Moreno on the CB Board by providing legal guidance on whether officials whose terms have expired can remain in office under AB 1794's provisions. AB 1794 includes language regarding board members whose terms have expired but who continue to serve until a successor is appointed and qualified. The California Attorney General's opinion clarifies or interprets the limits or conditions under which these members may continue to hold office.
If the opinion supports that expired-term members can legally continue to serve pending successor appointments, then Ochoa and Moreno can remain on the board despite their terms expiring. Conversely, if the opinion advises against such continued service without reappointment, their tenure would be considered ended, affecting governance and requiring replacements.
No specific excerpts from the search results directly discussing the Attorney General’s opinion on AB 1794, Nem Ochoa, or Joanna Moreno were found. Therefore, this explanation relies on the typical legal role of AG opinions in clarifying implementation of statutes like AB 1794 regarding expired terms and holds over service in municipal water district boards. Such opinions are commonly sought to avoid legal challenges over authority or vacancy.
If additional case or official opinion text is needed for precision, looking up the exact Attorney General opinion document on AB 1794 or related recent water district governance rulings would be necessary beyond the current search results.
Directors Art Chacon, Leticia Vasquez-Wilson, and Jim Crawford confirmed they were never asked to "provide direction" or vote to approve sending the letter to Bonta. Questions are raised about the transparency and accountability of the process, as Ochoa and Moreno, who are the subjects of the letter, were involved in providing direction for its sending.
The remaining board members, President Nem Ochoa, VP Gary Mendez, Directors Joanna Moreno, and Juan Garza, support sending the AG letter and keeping their majority voting bloc. In a text message conversation between LCCN and newly elected CB Board VP Gary Mendez, Mendez indicated that all the board needed was "direction" in sending the letter.
The opinions offered by the California Attorney General are formal legal interpretations but are not legally binding. Opinions cannot create new laws, and they provide guidance on questions of law but are advisory rather than legally binding. The opinions, if favorable, might provide more time on the board for Ochoa and Moreno. However, those votes could be called into question at some point in the future.
When asked if the letter should have been board-approved at a regular public meeting, CB Board VP Gary Mendez did not comment. Ochoa, Moreno, and Garza refused to comment on the matter. The majority of the CB Board awaits the AG's opinion, and Ochoa and Moreno will continue to participate in CB Board meetings and vote on agenda items.
In the midst of this controversy, the California Attorney General's opinion on altering AB 1794 could determine the continued tenure of Nem Ochoa and Joanna Moreno on the Central Basin Board. The opinion, not yet publicly released, could either allow them to remain in office or deem their terms expired. If the opinion supports continued service, it may potentially bypass the usual 120-day appointment process for replacements. Conversely, a negative opinion could end their tenure, necessitating new appointments. Despite questions about transparency and accountability in the process, the CB Board remains divided, with the majority supporting the letter to the Attorney General and the minority refusing to comment on the matter.
