March 20, 2008

Call To Order:

President Duran called the meeting to order at 6:00 p.m.

Pledge of Allegiance:

Trustee Underwood led the Pledge of Allegiance.

Roll Call:

Those present at roll call: President Duran, Vice President Fuschetti, Secretary/Treasurer Underwood, Trustees Baker, Henderson, Howell, Keck, Lock, Macknicki, Nigosian, and Walker. Also present were Assistant to the General Manager Diane Glanz, Finance Administrator David I’Anson, Administrative Clerk Crystal Garcia, and Information Systems Analyst Edward Prendez, and Legal Counsel Lisa Copeland.

Trustee Baker called for a point of order stating that the City of Indio no longer recognizes President Duran as a Trustee under there jurisdiction, and therefore requested that President Duran remove himself from the dais until the matter can be resolved. A discussion ensued.

1. Confirmation of Agenda:

Trustee Walker made the motion to approve the agenda. The motion was seconded by Trustee Henderson and carried with ten (10) approved (Duran, Fuschetti, Henderson, Howell, Keck, Lock, Macknicki, Nigosian, Underwood, and Walker) and (1) (Baker) opposed. Trustee Baker requested that the agenda be revised to move Trustee Comments after Public Comments should the motion fail he requested that he be allowed to speak as a citizen under his first amendment rights during Public Comment. Trustee Henderson commented that Trustee Baker has that right no matter what.

2. Public Comment:

Public comment made by Jeffery Garcia, Laura Passaro, Dale Wissman, Brian Passaro, Gene Gilbert, Caroline Burne, and Karl Baker.

3. Open Session:

A. Discussion and/or approval of contract with Rutan & Tucker, LLP for supplemental general counsel services funds to come from Fund #9000.01.225 – Contingency Expense.

A brief presentation given by Katherine Jenson, attorney for Rutan & Tucker, LLP. A discussion ensued. Trustee Henderson made the motion to approve Item 3A. The motion was seconded by Trustee Fuschetti and carried with one vote in opposition (Baker).

B. Discussion and/or approval of: (1) contract with Liebert Cassidy Whitmore for special legal services relating to Personnel Matters, including direction of the investigation regarding allegations involving the General Manager; and (2) contract with investigation firm for investigative services relating to General Manager Investigation.

Trustee Walker made the motion to approve Item 3B. The motion was seconded by Trustee Henderson and carried unanimously.

4. Closed Session: PUBLIC EMPLOYEE APPOINTMENT

Title: Interim General Manager

Government Code Section 54957

A. Consideration and Appointment of Interim General Manager Pending Completion of Investigation of General Manager

5. Report from Closed Session:

Report from Closed Session Pursuant to Government Code Section 54957.1 - Report of any action taken by the Board in Closed Session.

Legal Counsel Jenson reported at the end of Closed Session that the Board took the following action: a motion was made by Trustee Baker and seconded by Trustee Howell that the District will work closely with the League of California Cities Range Rider Program in order to seek an outside General Manager to serve during the pending investigation. In the meantime the Board authorizes Diane Glanz to continue to serve as the Interim General Manager. The motion was carried unanimously.

6. Trustee Comments:

Trustee Nigosian commented that he’s been on the Board for twelve, thirteen years, and that he’s seen a lot of bumps in the road, but they all eventually level off. He commented that there were probably ten thousand people at the tennis stadium that would thank everybody in the room for not having mosquitoes and three hundred thousand people who went to the date festival, and so on, but if the District didn’t have the cooperation of everybody in the room it would be a mess. Trustee Nigosian commended everybody who was in the room for doing a wonderful job in the Coachella Valley and continuing to do a wonderful job in the Coachella Valley. Trustee Walker commented that he would like to thank members of the public for their comments and concerns. He commented that the District is in good shape, despite the issues at hand, and that they need to be in the process now to make the District more transparent and obvious to the community. He also stated that he is thankful to know, and the staff should be thankful to know, that as budget problems are popping up all over the state the District is in good shape. Trustee Walker thanked everybody for coming to the meeting and stated that he hopes they will continue to work with the Board to resolve the issues and that this is the top mosquito and vector control district in the state.

7. Adjournment:

Trustee Henderson made the motion to adjourn. The motion was seconded and carried unanimously. The meeting was adjourned by President Duran at 8:25 p.m.