Saturday, September 15, 2012

(Imperial Co)

By ALEJANDRO DAVILA, Staff Writer, Imperial Valley Press -

A commitment to comply with the Brown Act was expressed in the Seeley County Water District’s response to a recent county civil grand jury report that alleged noncompliance with the aforementioned act as well as the California Public Records Act.

The written response was filed Monday and comes some three months after the civil grand jury’s report was presented to the water district.

Before noting financial records are kept “in good order,” the civil grand jury report alleged the district ignored or rejected legitimate public documentation requests made by the grand jury and that “some of the directors and staff exhibit an indignant attitude toward members of the public who seek to review and scrutinize” the water district.”

In its response, the water district said “there may have been a miscommunication” in what was an oral request for three documents.

But an updated written request and telephone discussion regarding the date upon which records would be available did result in the documentation being available, according to the water district’s response.

As far as Brown Act violations, the response addresses all of the examples provided, including the one alleging that the district’s meeting deliberations keep members of the public from understanding the deliberations.

“Motions are made with cryptic references to the board of directors’ fact sheet, which are not provided by the public,” the grand jury report reads.

The water district responded by acknowledging that material distributed to the board as part of the agenda is public documentation.

Furthermore, the “SCWD intends to make written backup to the agenda available,” the response reads, before answering to the allegation that the district violates the Brown Act by conducting closed sessions for matters that should be deliberated in an open session.

Again, the water district responds by saying it is “committed” to comply with the Brown Act and that only those matters provided by law will be discussed in closed session.

But water district ratepayer and activist Juan Zarate said he’s still hoping the district becomes more transparent.

Zarate adds that even after the response the district hasn’t been forthcoming.

“It’s like they are spoon-feeding information,” said Zarate, who notes that he and Seeley Community Church pastor Patrick Harris are now trying to get documentation from the state that pertains to pension fund, salaries and expenditures.

Seeley County Water District Board members couldn’t be reached for comment.

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