A. CALL TO ORDER/ROLL CALL
Scott Tye, President
Elizabeth Sapanai, Vice President
Barbara Boucke, Director
Joe Veit, Director
Jim Zell, Director
Raven Schauf, Recording Secretary
B. PUBLIC EXPRESSION
Director Tye stated that on September 15, 2006 he sent Richard Dinges a notice of today's meeting and a
description of some of the specific concerns the board has with his performance as General Manager; Mr. Dinges
responded to those concerns in a letter dated September 20 in which he stated his intention of speaking to the
board. Director Tye said he informed Richard that by addressing the board in open session his referenced letter
would likely be made a public record with the District.
Richard Dinges then addressed the board. Mr. Dinges stated that he had been informed that in a closed session
the Board of Directors had formed an ad hoc committee to address the actions of the office manager, but that
what occurred instead was an investigation of his actions. Mr. Dinges posed the following questions to the Board:
- Why was he not told that an investigation of his actions was being done?
- Why was the only staff member questioned in this investigation the individual making the allegation, and
why wasn't he or anyone else questioned?
- Why was the list of allegations given to him only after he was asked for his resignation?
- Why were the concerns of this disgruntled employee, and employee who has openly expressed
opposition to infrastructure improvements, been given more credence than his?
- Why is the Board continuing with its request for his resignation when the accusations are unfounded,
seemingly petty, and in many cases several years old?
- Why does the Board now claim that it does not understand or remember certain items, despite acting on
them in 2002?
- Why were none of these issues brought up during his reviews in the past couple of years?
Mr. Dinges stated that during his tenure from 1995 to date he has kept this district in DHS compliance, reinstated
its insurance with JPIA, and reduced insurance costs to this District.
Mr. Dinges continued that major projects completed under his direction included: the installation of new water
meters that increased revenue by twenty percent, the addition of new tanks that increased storage capacity by
thirty-five percent, and the installation of the well and pump station that increased pumping capacity and source
supply by thirty percent. In addition, the District increased flow capacity to meet fire flow needs and domestic
Mr. Dinges said that he enforced education, training and certification of all employees, and was instrumental in
reducing construction costs by utilizing district personnel on most projects. Mr. Dinges noted that the District had
not had any legal disputes or lawsuits brought against it during the past twelve years, and that the District's
wastewater management plan and policies are continuing to lead the nation. Finally, Mr. Dinges stated that the
wastewater inspections and telemetry have played and integral part in keeping with the environmental protection
of the location's natural resources. Mr. Dinges concluded his presentation by stating that he would like to get
some answers to his questions outlined above.
Director Tye stated that he would like to close the public part of the meeting and move to closed session, which
pertains to the next item on the agenda: Dismissal of the General Manager.
C. CLOSED SESSION/DISMISSAL OF THE GENERAL MANAGER/RETURN TO OPEN SESSION
Review of the General Manager's Position: The Board met in closed session under
Government Code Section 54957.
The Board returned to open session.
D. AREPORT ON ACTION TAKEN IN CLOSED SESSION OR ACTION IN OPEN SESSION TO DISMISS EMPLOYEE
Director Sapanai made the motion for dismissal of the General Manager and for termination of his contract,
adding that as it is not a dismissal for cause, the District will be making the payments that are due to him under
his contract. Motion seconded by Director Zell, approved by unanimous vote. Director Tye confirmed the motion
as accepted by all Directors and stated that the Board will execute the communication in a written letter.
E. PERSONEL COMMITTEE - TITLE III
Director Zell stated that advice of counsel dictates that no action can be taken regarding issues under this agenda
item because the agenda listing was not specific enough. Still, Director Zell declared that he needs some
feedback from the board regarding several personnel issues and that action needs to be taken on those issues as
soon as possible.
First, Director Zell asked the board to give some consideration to a severance package for Raven Schauf.
Director Zell asked the board if they received the email of Raven's declination of the offer extended to her, and
then added that Chris Kelley has offered his assistance in the office.
Second, Director Zell stated that Toby Bisson's job description needs to be changed to accommodate his pay
increase, and that an effective date for the increase needs to be determined. Director Zell said that he had
penciled a rough draft of Foreman Bisson's interim job description to be circulated to all directors. Director
Boucke emphasized the importance of relating to Toby that his rate increase is temporary. Director Zell replied
that he plans to meet with Toby once the job description for his increased responsibilities is approved. It was
determined by counsel that public sector retroactive pay increases are statutorily and constitutionally prohibited.
Third, Director Zell discussed the possibility raised at the last meeting of increasing Rich Souza's hours. Director
Zell related a conversation he had with Chris Kelley during which he learned that Rich gets a discounted hourly
rate when he works for the District; Rich currently commands $120.00 per hour but his standard rate is
$135.00/hour. Chris conveyed that it is of concern to Rich's employer when Rich is asked to do additional work.
Director Zell added that Mr. Souza does not like to drive over the hill for less than a full day's work. Thus, Director
Zell indicated that the District may need to offer Mr. Souza his full rate in order for him to increase his hours.
Director Sapanai suggested as a solution that the Board consider the idea of having Rich spend his additional
hours at the county offices signing off on plans.
Director Sapanai stated that Raven's severance pay must be set for the next meeting so that action can be taken
on it. Director Sapanai added that she would like to see Toby Bisson at board meetings and suggested that the
Board consider going to a temporary agency to hire someone to perform Raven's clerical tasks. Board discussed
tasks to be delineated to a temporary clerical employee vs. an interim general manager
Motion to adjourn made by Director Veit, seconded by Director Zell, meeting adjourned by 6 p.m. by unanimous