Earlier this week the San Lorenzo Valley Water District released publicly what has come to be referred to as the “Vierra letter.”
The existence of the “Vierra letter” was referenced by then SLVWD board president Gene Ratcliffe at the April 3, 2017 board meeting.
The “Vierra letter” is actually not a letter at all. It is two emails—a set of correspondence between now former SLVWD board director, Terry Vierra and Marc Hynes, now former counsel to the SLVWD. The emails were sent on the afternoon of Dec. 15, 2014.
The first email is sent from Vierra to attorney Hynes making a formal request for legal representation to be provided from the SLVWD. Vierra states in the email the reason he is requesting this is because he was acting in the capacity of a board member at the time of the real estate transaction.
Hynes responds in the proceeding email “the District has a duty to provide for your defense (referring to Vierra) in accordance with Government code Sections 995 and following. I believe that you are entitled to defense and will recommend this be done.”
According to California Government code Section 995, upon request of an employee or former employee, a public entity shall provide for the defense of any civil action or proceeding brought against him, in his official or individual capacity or both, on account of an act or omission in the scope of his employment as an employee of the public entity.
“That is something the small minority of the public refuses to understand or can not wrap their head around,” said SLVWD district manager Brian Lee. “This district had a legal obligation to represent Vierra.”
The letter was previously withheld from public record, because according to Lee, the district did not have the legal privilege to release the letter without Vierra’s approval.
However, according to Lee, the SLVWD did want the letter released to the public.
“I am happy it is finally out in the public,” said Lee. “It does not contain any information that people in the public claim.”
Boulder Creek ratepayer Bruce Holloway, who is currently involved a lawsuit against SLVWD, filed a public records request in a formal letter from his attorney on Jan. 17, 2018.
A follow up letter was sent from Holloway’s attorney, Kelly Aviles stating if the “Vierra Letter” was not received by Feb. 2, Holloway would pursue litigation against the District.
On Feb. 3, 2018 a letter from Gina Nicholls, general counsel for the SLVWD, was sent to Holloway’s attorney.
“Several months ago the District initiated discussions with Mr.Vierra’s attorneys regarding potential disclosure of the Vierra letter by the District,” stated Nicholls in the Feb. 3 letter to Holloway’s attorney. “Those discussions concluded yesterday when the District secured confirmation that Mr. Vierra does not object to the disclosure of the Vierra letter.”
In a response to the date the letter was released, Lee said “the timing was fortunate, at the same time, any opportunity we have to avoid a lawsuit we will put a little extra effort in it to see if we can try and avoid it.”
According to Holloway in an email addressed to the Press Banner on Feb. 6, “SLVWD released the attached ‘Vierra letter.’ It has been a subject of controversy since then-President Gene Ratcliffe mentioned it following a closed session on April 3. And it was a subject of an alleged leak by Director Bill Smallman that you covered last week. The word “REALTOR” in capital letters in Vierra’s email signature is a flashing neon sign that Vierra was outside the scope of his employment as a board member when he and his wife obtained a commission for selling a house to the district.”
In addition to the release of the Vierra letter, Holloway’s attorney also requested for public release, correspondence regarding offers to settle the Holloway lawsuit, the complete audio recording from the Feb. 24, 2017 district board meeting and emails written by Holloway that the District believes conflict with its respectful workplace policy.
According to Lee, the SLVWD is releasing everything that can be legally released.
The next regular board meeting for the SLVWD is on Feb. 15 at 6:30 p.m. in Boulder Creek.
Libby Leyden is editor of the Press Banner and can be reached at [email protected] or (831)438-2500.
