Index to the web page below:
Partial transcript of 1/28/02 RLECWD Board meeting, Public comments
Jay O'Brien's FACTS 1/30/02 about salary and applicants
Dewight Kramer letter 1/29/02 to RLECWD Board President

Other Mary Harris Links:
Index to Mary Harris pages
Mary Harris fiction about Jay O'Brien spying on a neighbor
Mary Harris fiction about the Water District Violating the Brown Act
Mary Harris fiction about Arabs celebrating Sept. 11
Mary Harris CRAW letter that libels Don Flesch of the Rio Linda News
Ethics? Mary Harris' use of Jerry Wickham's stand without his permission. Pictures, letter

Contents of this web page
Mary Harris provided a written statement to each RLECWD Director at the Board meeting of January 28, 2002.

She asked that someone read the document aloud, and Board President Cater read the document aloud. It accused Director Jerry Wickham of allegedly improper conversations with Northridge Water District General Manager Dewight Kramer.

After that reading, dialogue ensued, with Director Jerry Wickham rightfully telling Mary Harris, Charlea Moore and Doug Nelson that his private conversations were none of their business.

Harris verbally expanded her statement to the Board, falsely claiming Kramer cited Wickham as his source for information.

Subsequent to that reading, Mary Harris posted her statement on the Rio Linda Elverta email list and it was forwarded to Mr. Kramer.

Jay O'Brien posted a message on January 30, 2002, providing facts countering Harris' misstatements about salary and the number of applicants.

Mr. Kramer replied with the facts. His letter is dated January 29, 2002.

The document, the dialogue and the facts are below in this web page.

Ms. Mary Harris: I do have a comment. I have a letter that I would like to give to each Board member. And I’d like somebody to read it. Would somebody like to read it, or

Board President Doug Cater: I’ll read it.

Harris: You’ll read it?

Cater: I’ll read it. (Cater read the statement substantially as written) The statement follows as posted by Mary Harris on the Rio Linda Elverta Mailing list:

-------- Original Message --------
Date: Mon, 28 Jan 2002 23:09:52 -0800
Subject: [there was no subject stated by the sender]
From: "Mary Harris" <misscaddy@softcom.net>
To: "Rio Linda/Elverta" <riolinda@vrx.net>

As most of you probably know, I receive many complaints about what people perceive is happening with the water district. Sometimes I just observe and keep them to myself. However, I feel this latest (alleged) situation is something that people need to be aware of.

Friday evening, I received a telephone call from someone who wanted me to know that Jerry Wickham had been talking to Northridge Water District about taking over the Rio Linda/Elverta Community Water District. I immediately called Mr. Dwight F. Kramer (General Manager of Northridge) and told him of what I had heard, asking if it was true. He told me that yes, Jerry did talk with him about Northridge taking over Rio Linda. He said Jerry thought it would be a good idea. However, I understand that it takes three members to agree. I asked Mr. Kramer why in the world he thought Jerry might want that to happen. Mr. Kramer replied (if I understood him correctly) that Jerry has a problem with the possibility that Rio Linda/Elverta Community Water District might merge with the Rio Linda Park and Recreation District. In addition, he told me Jerry had some concerns about the park district getting their water for free.

The longer we talked, it was obvious to me, that Mr. Kramer knew more about Rio Linda’s business and the impending hiring of a new general manager than we do. He said that when Rio Linda first advertised for a general manager at $70,000, no one applied. I further discovered through my conversation with Mr. Kramer, that the board has now found someone and is awaiting results of a background check.

This whole thing is very puzzling to me and I for one would like an explanation.

Mary Harris

Harris: "Nyaah, see now".

Cater: And we are waiting for background checks.

Harris: But why would Kramer know that, and how come I had to hear that from Mr. Kramer.

Cater: We had it in closed session, and we haven’t had an open meeting since that time,

Unknown: But they heard that from Mr. Kramer.

Harris: Well that’s

Mr. Doug Nelson: That would be the point.

Harris: That’s the point, is. I was very surprised that all the information that was coming, there.  And I would like to know, Mike, I thought you fought really hard to keep Rio Linda from being gobbled up by Northridge, and now I understand that somebody’s going over trying to get them to take us over again.

Nelson: That true?

Harris: Is that true Jerry?

Director Jerry Wickham: I’m not going to say – It’s none of your business.

Ms. Charlea Moore: But it is our business.

Wickham: No it’s not. Not yours either.

Moore: Yes, I’m a member of the public,

Wickham: I don’t care who you are, it’s none of your business.

Nelson: Excuse me, why wouldn’t it be our business if something in closed session was discussed with this Board, right here. This body. We find out, over the internet or through a phone conversation, and it sounds like it is factual deal, it’s true that Doug just affirmed that it was true. It is our business. We are the ratepayers.

Wickham: Something in closed session - - It’s none of your business.

Moore: And it’s none of Dewight Kramer’s, either.

Nelson: And it’s none of another Water District’s business, either. That’s the point.

Wickham: You’re taking her word for it.

Moore: Mr. Kramer’s word for it, also.

Wickham: He’s not here, is he?

Wickham: Did he write a letter?

Moore: He said that this is true and

Wickham: Did he write a letter?

Harris: Jerry, have you been over there trying to get Northridge to consolidate?

Wickham: I told you, It’s none of your business. And that’s it.

Moore: Is that legal and proper for an individual Board member to go to another Water District and …(Interrupted by Harris)

Cater: Let’s take one at a time. Can’t answer everybody’s questions at once.

Nelson: One of my suggestions, Doug, you guys are going into closed session. Maybe you guys could discuss the matter behind closed session and give Jerry some direction if it happened. If it did not – no big deal.  But if it did, maybe you could direct him and that he should not do that. Until it comes to the public. Or gets on it. If he wants to talk about it, put it on here. Something needs to be done, and it’s not right for him to go to another water district, if it’s true or not,  you guys could find out in closed session.

Director Jay O’Brien: The fact is that there are five of us, six including Mike, including the candidates, who could have divulged this information.

Harris: Mr. Kramer said Jerry told him this stuff. Not a candidate.

O’Brien: Well you see, that what you just told me is not what’s on the letter.

Harris: What’s that.

O’Brien: You just told me that he told Kramer - - You said that Kramer told you

Harris: Yes

O’Brien: that Jerry told him about the General Manager.

Harris: Right, but

O’Brien: Ok, that’s not here.

Harris: Well, maybe I didn’t write it as well as you did, but

O’Brien: That specific fact is not here. But Ok.

Harris: Hold on.  (quoting from document): I further discovered through my conversation with Mr. Kramer, that the Board has now found someone and is awaiting results from a background check. (end of quote) Is that not clear that

O’Brien: No, it didn’t say that he heard that from Jerry. Your words are not specific  - - as they are now.

Harris: Ok

Moore: So let’s just let that go. Yes, Jay, you’re correct.  Feel better?

Cater: I think legal staff has heard enough, where she’s probably going to make a comment in closed session. She’s probably got something to say - - you might want to say it now,

General Counsel Stacey Sheston: This is the public comment portion of the meeting, for people to give their input, and then we can move on.

Cater: Ok.

Cater: One more round for public comment. We’ve got an attorney waiting out in the hallway.  Charlea?

Moore: I’d just like to know whether or not it’s considered appropriate, and I don’t know if this is a legal question or not, for an individual member of a board to go to another organization and discuss board business without the board in question having authorized an individual to do that, in a public session?

Sheston: Well, I can respond briefly saying that anything that happened in closed session happened that way for a reason, usually there’s some sensitive information being transmitted, whether it’s personnel or attorney-client privileged information, and that when the board has action to report out, that’s when it is made public and we do a brief report out as a reportable action. Until that time, the information is confidential, so long as it’s kept that way.

Moore: That’s really not what I was referring to. I’m asking that is it appropriate for a Board member, any Board member, under any circumstances, not in reference to closed session, I wasn’t referring to closed session.

Sheston: Oh, Ok.

Moore: I’m sorry.

Sheston: I misunderstood you.

Moore: Yeah, I thought you did. By your answer I knew you did. I’m not referring to closed session. I’m saying is it appropriate for an individual member of any board, at any time, to go somewhere else and represent themselves in a way that they are negotiating say for the takeover of the district, when that has not been authorized by the board in a public session.

Sheston: As a general rule, people are appointed to committees to do negotiations and are given specific authority by the board, up front.

Moore: So it would be inappropriate.

Sheston: If that’s, in fact, what’s happening. They’re certainly welcome to talk with other people on their own.

Moore: But not to negotiate as a board.

Sheston: That would not…

Moore: Thank you. That answers it. Thank you.

Harris: How does the Board feel about, if that is in fact true, about somebody going and trying to convince another water district to take us over. How do you feel? How would you feel?

Sheston: Mr. Chairman, may I make a suggestion?

Cater: Yes, go ahead and make a suggestion.

Sheston: This is appropriate time for public comment. I don’t think it’s an appropriate time for the you guys to have to give gut reactions to something that may or may not have happened. If you want to make a public statement on it later, you sure can.

Harris: Did anybody authorize Jerry to go do that? That may be - - can we ask that question?  Would that be appropriate?

Sheston: The Board can respond to whatever questions they want to respond to. Generally public comment is for you guys to come in and raise issues that you want to raise, then we go on our merry way. And they will bring back information, or if there’s a quick comment that staff can make, that’s how it works. But it’s not for back and forth between Board members and the public.

Moore: How would the public go about getting an answer to a question like that?

Sheston: You could sure ask to have it put on the agenda and discussed, you can write and ask for it –

Moore: Could we have it put on the agenda for the next meeting then?

Sheston: You could speak to the General Manager about it.

Moore: To have an answer to the question.

O’Brien: The Manager could respond if he wanted to.

General Manager Mike Phelan: There’s a complex set of information going on here. I would prefer to be able - - That if we do anything on or off the agenda that we’re responding basically to what Mary has put in writing. Which doesn’t say, and this is the thing I’m concerned about, Charlea again, it’s a matter of clarity, it does not say that Jerry’s negotiating Northridge taking over Rio Linda, but rather that Jerry talked to Dewight about that.

Moore: Ok, can we just put on the agenda did Jerry talk about taking over. That would be fine.

Phelan: That’s up to Jerry.

Harris: Why did he want to do that?

Phelan: The problem is, I don’t think anybody in the room was witness to that, so I don’t know how we can respond to it.

Sheston: Why don’t you give the Board an opportunity to ponder how they want to deal with the situation and get back to you?

Moore: That would be all right, as long as the public gets some kind of answer. I mean the public does want an answer.

Sheston: Understood.

Moore: And we do believe it is our business.

Cater: Any other public comment?

(adjourned to closed session)

(out of closed session)

Cater: Back out of closed session with no reportable action.

(meeting adjourned)

/snip/

Mr. Kramer knew more about Rio Linda’s business and the impending hiring of a new general manager than we do. He said that when Rio Linda first advertised for a general manager at $70,000, no one applied.

/snip/

-------- Original Message --------
Subject: [RL] FACTS: General Manager search
Date: Wed, 30 Jan 2002 12:52:16 -0800
From: Jay O'Brien <jayobrien@att.net>
To: Rio Linda Elverta Mailing List <riolinda@vrx.net>

FACTS:

The RLECWD first advertised the present GM opening in the March 12, 2001, ACWA News. The stated salary was "DOQ - currently $78,000, plus excellent benefits". In May, as a Board member I was provided six applications and résumés for review that were a result of that and later advertisements, including the application mentioned by Bill Shepherd in his email to the Net.

Jay O'Brien
 
 

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