If any consensus was made at the conclusion of the April 19 board of director meeting for the San Lorenzo Valley Water District, it was the desire for the public and the district to stay focused on keeping the infrastructure of the water district in top working condition.
At present the District is currently pending on three lawsuits, according to District Manager Brian Lee, including one that was filed last month by former board member Terry Vierra. In the lawsuit filed March 26, 2018 in the Superior Court of Santa Cruz County, Terry Vierra is alleging the District unlawfully terminated its legal defense after previously providing representation for him.
Several members of the public spoke at the meeting about their frustrations with the legal battles the district is involved in or could be involved in.
“Let’s wake up and get focused on the projects we should be focused on,” said Mark Lee, of Ben Lomond, during public comment.
In February, ratepayer Bruce Holloway sent a letter to the District alleging the district and the board of directors had violated the California Brown Act. The Brown Act, passed in 1953, guarantees the public’s right to attend and participate in meetings of local legislative bodies, including a water district.
In the letter addressed on Feb. 28, 2018, Holloway alleges during a prior board of director meeting the District board refused to allow public comment on an agenda item and there was discussion of anticipated litigation in closed session repeatedly without it being properly placed on the agenda.
At the meeting, District counsel Gina Nicholls, stated the District responded to Holloway’s letter. In the response, the Board and District stated that it would not make those mistakes in the future.
“Since there is no likelihood that any of the alleged past actions would recur in the future, providing the required commitment will not have any effect on the District’s ability to conduct future business,” stated the letter from Nicholls, on behalf of the District, in response to Holloway.
In addition to addressing the letter from Holloway, Nicholls, again on behalf of the District, responded to the request from board director Bill Smallman to be legally represented.
Earlier this year, the District released a draft complaint against Smallman for alleged violations of the Brown Act. No action was taken by the District to file the lawsuit, but on April 9, Smallman emailed Nicholls formally requesting the District to pay his defense.
The District responded to Smallman, both in a letter and at the board meeting no legal defense can be requested if there is no lawsuit filed or pending. The letter also stated that if a lawsuit was filed against Smallman, the District would still not recommend providing legal defense for Smallmand because “the allegations upon which the draft complaint are based reflect conduct outside ‘the scope of his employment’.”
Smallman stated at the meeting, “It is dividing the community. We need to get rid of these lawsuits.”
The room erupted into loud applause from the members of the public in the audience.
Board director Margaret Bruce responded to Smallman, “Yes we are spending money but there was a break of the law. What is the next thing you are going to run to the media or post on your social media page.”
The meeting concluded, with District Manager Lee stating the commitment of the District to work on pipes, pumps and tanks.
“Thanks to strong forward-thinking management over the last three years this District has turned around,” said Lee in an e-mail to the Press Banner on Monday. “The 2017 rate increase provided necessary revenue to implement a strong capital replacement program.”
