Unlawful Discussion of GM Wages Planned at Impromptu Central Basin Board Meeting
In the upcoming Central Basin Board meeting scheduled for May 8, 2025, at 10:30 a.m. at Bristow Park, a contentious agenda item has arisen, raising questions about compliance with the Ralph M. Brown Act and related California Government Code sections.
The agenda item in question recommends the board to review and approve the position description and salary parameters for the General Manager position, a move that could potentially violate California Government Code sections 5496(b) and 3511.1 (a) and (d).
According to the California Government Code, section 5496(b) prohibits a legislative body from calling a special meeting to discuss the salaries or compensation of a local agency executive, such as a General Manager. The Meyers-Milias-Brown Act (MMBA), sections 3511.1 (a) and (d), although not directly addressing the issue of hiring through special meetings, are relevant to compensation and labor negotiations.
The Ralph M. Brown Act ensures transparency in local government meetings by requiring that all meetings be open to the public and that notice and agendas be duly posted. Recent modifications through legislation like SB707 aim to modernize the act to accommodate technological advancements and ensure greater public access.
Under current law, a legislative body cannot call a special meeting to discuss the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee unless certain criteria are met. Discussing compensation details during a special meeting regarding a public employee's employment could be subject to these restrictions.
In the case of Central Basin, the General Manager agenda item was voted down at the April 28 meeting. However, a special meeting was called by a "majority" of Central Basin's directors on May 6, 2025, raising concerns about the legality of the meeting and the agenda item.
The implications of this potential violation extend beyond the specific meeting. If it is found that the meeting does indeed violate the Ralph M. Brown Act, it could set a precedent for future meetings and decisions made by the Central Basin Board.
It is advisable for the board to consult legal counsel to ensure compliance with all relevant laws and regulations. Director Joanna Moreno, who missed the last meeting, will be present at the special meeting, providing an opportunity for clarification and discussion on the matter.
The special meeting agenda also includes a review of the General Manager position description and compensation study. Central Basin's General Manager, Elaine Jeng, has been accused of defiance and insubordination by Board President Art Chacon, adding another layer of complexity to the situation.
The controversy surrounding Central Basin's General Manager extends beyond the current issue. Reports suggest that Elaine Jeng may not have been properly vetted by former President Michael Gulatieri and VP Juan Garza when she was hired. Furthermore, Central Basin's General attorney, Victor Ponto, is at the center of a battle between Central Basin Board members and is also fighting off a wrongful termination allegation from former Central Basin GM Dr. Alex Rojas.
As the situation unfolds, the public and the board members alike will be watching closely to ensure that transparency and legality are upheld in all proceedings.
The special meeting agenda of Central Basin Board, scheduled for May 6, 2025, includes a review of the General Manager position description and compensation study, which has raised concerns about compliance with the Ralph M. Brown Act and related California Government Code sections. In light of this, community news and political circles are closely following the events, as potential violations could set a precedent for future policy-and-legislation decisions within the community news and general-news landscape.
