April 22, 2008

Call To Order:

Vice-President Fuschetti called the meeting to order at 6:00 p.m.

Pledge of Allegiance:

Trustee Walker led the Pledge of Allegiance.

Roll Call:

Those present at roll call: Vice President Fuschetti, Secretary/Treasurer Underwood, Trustees Baker, Henderson, Howell, Keck, Lock, Nigosian, and Walker. Also present were Interim General Manager Diane Glanz, Finance Manager David I’Anson, Administrative Clerk Crystal Garcia, Information Systems Analyst Edward Prendez, and Interim Legal Counsel Kathy Jenson. Trustee Macknicki arrived after roll call at 6:03p.m. Trustee Gilbert was absent.

1. Confirmation of Agenda:

Trustee Baker questioned the need for Item 4. A discussion ensued. Trustee Underwood made the motion to approve the agenda as presented. The motion was seconded by Trustee Lock and carried unanimously.

2. Public Comment:

Public comment made by Harold Williamson, Edward Kotkin, and Brian Passaro.

3. Written Communication:

None.

4. Election of Board Officers:

Trustee Baker questioned the appropriateness of having an election. Legal Counsel Jenson responded that she put it on the agenda so that the Trustees would have an opportunity to discuss it since the President is no longer on the Board. A discussion ensued. Trustee Walker made the motion to reaffirm officers. The motion was seconded by Trustee Henderson and carried unanimously.

5. Approval of Contract with Rutan & Tucker, LLP for Interim General Counsel services:

Trustee Baker made the motion to approve Item 5. The motion was seconded by Trustee Howell and carried unanimously.

6. Approval of Contract with Lisa Copeland for transitional counsel services:

Public comment by Laura Lord, Edward Kotkin, and Harold Williamson.

Trustee Baker commented that the California State Bar requires that whenever one attorney is severed from a client that upon the request of that client that attorney must forward all records, documents, and other things immediately at no cost to the District and agreed with Mr. Kotkin that no contact should be made with Lisa Copeland. Trustee Howell commented that he believed the contract would be beneficial to the District financially. Legal Counsel Jenson recommended going through with the contract so that she and Melanie Poturica are able to get needed information for historical background and only as needed. A discussion ensued. Trustee Henderson made the motion to approve Item 6 with communication limited to the Kathy Jenson and Melanie Poturica. The motion was seconded by Trustee Howell and carried unanimously.

7. Discussion of April 14, 2008, Desert Sun Article:

Melanie Poturica commented that the particular item has to do with the discussion of the April 14, 2008, Desert Sun article referencing the issue of the Pacific Life Open counterfeiting of passes allegations, and that she, Ms. Jenson, and the members of the Board need to be mindful that it is a closed session matter. Trustee Lock questioned if any of the Trustees had remembered if the issue stated in the article was ever brought to the Board. A discussion ensued. Melanie Poturica stated that she will ensure that what is contained in the April 14, 2008 article is dealt with by the investigator.

8. Update regarding Labor Negotiator:

Trustee Baker stated that he did not understand why the Board was not advised of Mr. Hocks travel expenses, and that he couldn’t recall ever being advised of the $240 an hour rate and nor did he believe they were advised of the fact that the District would be obligated to pay for transportation expenses. Trustee Baker also stated that he concurred that it appears the resume from Mr. Freedman of Liebert, Cassidy, & Whitmore is more then adequate to cover the Districts needs. A discussion ensued. Trustee Henderson commented that the decision should be delayed until an Interim General Manger is hired so that they have the opportunity to have input with the person who is going to deal with the labor negotiations. A discussion ensued. Trustee Baker made the motion to approve the contract with Liebert, Cassidy, & Whitmore. The motion was seconded by Trustee Howell and carried unanimously.

9. Discussion of Oath of Office Issue Raised by Indio on April 14, 2008:

Vice-President Fuschetti asked if all the Board Members had filled out an oath of office, to which all responded they had. Trustee Baker questioned if there was a time frame in which the Trustees had to file an oath of office. A discussion ensued. Legal Counsel Jenson responded that there was no specific time frame and out of an abundance of caution, she recommended that each of the Trustees seek reconfirmation of their previous appointment and then to file an additional oath of office. She reported that at the next Board Meeting she would be making additional recommendations to take. Trustee Walker commented that he read in the State Code that Trustees are appointed for a term of either two years or four years depending on their appointing agency but the term of office commences at noon on the first Monday in January. A discussion ensued.

10. Closed Session:

A. Public Employee Appointment, Title: Interim General Manager Government Code Section 54957

Trustee Henderson made the motion to authorize the contracting for services from Mr. Ray Griest as the Interim General Manager. The motion was seconded by Trustee Baker and carried unanimously. Legal Counsel Jenson recommended that the Board direct Legal Counsel to finalize the contract that Melanie Poturica has been working on, authorize the vice president to execute a contract with Mr. Griest as Interim General Manager at an hourly rate based on Mr. Gomsi’s current salary of $159,276, of $77.00 an hour. It would be approved in a form that would be subject to the approval of Melanie Poturica’s firm, and that Griest would get no medical benefits, and the execution of the contract is subject to a background check, and when it is completed, the Vice President would be authorized to execute the contract on behalf of the Board. Mr. Griest will not be able to exceed 960 hours. Trustee Walker made the motion to approve Legal Counsel’s recommendations. The motion was seconded by Trustee Henderson and carried unanimously.

11. Trustee Comments:

Trustee Baker commented that Mr. Williamson, during public comment, had referred to some suggestions from the most recent auditors comments that were not particularly favorable, especially with regard to purchasing procedures; Trustee Baker stated that he really thinks that the Finance Committee is on top of this, since they have indicated so in some of their interim reports. He also stated that this year’s audit was light-years ahead of what it had been in the past. Trustee Baker wanted Mr. Williamson assured that he thinks that the District is on top of any potential discrepancies that had been pointed out. Trustee Nigosian commented that he spoke to Patricia Laflin and they were unaware that the building was named after former Trustee Ben Laflin; he questioned if any thing had been sent to the Laflin family notifying them that the building was dedicated. Interim general Manager Glanz responded that she hoped to present Trustee Laflin with a gift at the upcoming Board Meeting, if he is well enough to come. Trustee Underwood commented that the Finance Committee will be meeting at 8:30a.m., Monday, April 28th at the District; the Finance committee will be meeting with the auditor. Trustee Fuschetti commented that he is sorry that Mike Duran is no longer with the Board; he was a fine gentleman and a good President of the Board, and he knows that he, as well as many of the Trustees, on the Board will miss him.

12. Adjournment:

Trustee Howell made the motion to adjourn. The motion was seconded by Trustee Henderson. The meeting was adjourned by Vice-President Fuschetti at 8:00 p.m.