Ahhh, rain. I cannot keep putting off some of this work, but I still do. This is the best time to start digging in the rock laden ground and upgrading my aging irrigation infrastructure, most installed twenty years ago. Nothing lasts forever. Repair and replacement of leaking valves and bird pecked drip lines, inadequate coverage requiring line extensions, etc.. Multiply this many thousands of times and appreciate what your water district faces with its labyrinth of piping and inventory of processing, treatment and storage equipment. This is a very big job requiring expertise and knowledge by experienced trained professionals.

CHECK OUT THESE COMMENTS FROM THE CAL & JULIA LIMBOCKER SHOW:

Cal and Julie Limbocker:

September 20

….and the “infamous blog” is at it again. Something strikes me as odd when a man cannot stand on his own merits without slamming others…. As many have probably noticed , his blog is closed. He goes on and on about senseless comments……giving no one an opportunity to interact. In my book this is typical of the dillusional school yard bully…

Vicki Keefe Can anyone tell me one positive thing he has done for the district in the 2 yrs? I won’t hold my breath…..LOL

September 20 at 10:29pm • 1

John Turner He supports his IGM. He helped to ensure that our water rights were not taken away by MID, by monitoring and helping to eliminate the outside place of use customers. He is known for bringing high energy and encouragement to the LDPCSD. NOT NEGATIVE B.S. He has worked very hard for the District, in attending meetings in many instances in Mariposa County for the District. Financial Committee, helped many times to keep the Board informed and stood strong against the very few members in the Community that cause so much distress. He brings a network of “Good” to the Community. The most trusted one – on the Board.

October 1 at 9:23am

Cal and Julie Limbocker Vicki….you are absolutely right, he has done absolutely nothing that can be considered positive. @John, your behavior on 08/02 was unacceptable for anyone….especially in your position. Although I respect your opinion, I find it highly unlikely that most people are going to find your comments as credible…..

October 1 at 9:37am

John Turner You were not there. You did not almost get run over by someone whom was waiving at a construction worker while driving dangerously through a cone zone. I stand behind what I said. And if that driver or anyother driver comes that close to causing physical damage to me, they will likely here more unfavorable remarks towards them. Don’t like it? Drive right!

October 1 at 9:47am

Julie Limbocker @John, yes we were all aware of your attempt to make a false police report and your stories. The problem with you is you cannot step up to the plate for your own misdeeds. Be a man and accept responsibility for your actions. Yes, I was not there but the minor that you verbally abused was…… . All we wanted was accountability….but you chose to resign. The resignation was accepted by the Board with the exception of the “blogger”….so of coarse you think he is great. You are two peas in a pod. Now I am not going to get into a verbal match with you…..so if you have something to say to me or us….please contact us by phone. I would love to talk with you….but you are only opening a Pandoras Box……via your comments.

October 1 at 10:00am • 1

Vicki Keefe He is known for many things none of which you have just posted.

October 1 at 10:19am • 1

Cal and Julie Limbocker @Vicki…you said it perfectly…..

October 1 at 10:21am

John Turner You are very judgmental about people. The things that I have posted might not be known by all, but are factual. There was no false police report (again with misinformation). The Seargant at the CHP Office in Sonora/Jamestown was my contact. Ask him about the incident with the female in the blue jeep, in a cone zone, in Don Pedro area. He will remember… He asked me if I wanted to file a report, but I said no, not at this time. And after you didn’t want to speak with me anymore about the issue (remember?), you wanted to speak with the Board instead of handling this with you and I, or your husband and I. This is what YOU wanted. Have a good day.

October 1 at 11:18am

Ruth Smith John, I think you should have come to the next meeting in August after the incident to face the people in question in person. I was not there but the kind of language you use is just not professional especially to a young female. You could have said “OMG you scared me”. or something similar that type of language is unacceptable. As for the blog I have been a victim of it because I dis agreed with the writer at a CSD meeting so I got blasted, sad when a rate paying member cannot voice an opinion at a meeting in fear of retaliation. Some people can be book smart but no common sense.

October 1 at 11:52am • 1

Julie Limbocker @John…The problem is I just dont take to well to liars, people who cannot take responsibility and cowardly bullies. When you threaten people, use foul language and detain inappropriately….in this case a minor, you are treading on different territory sir. You called CHP….(I dont doubt that at all)……but you knew no one could confirm your story. You admitted to your inappropriate behavior…and then tried to lie about it at the same time. Simply put, you tried to get by through intimidation, threats, etc. and are too cowardly to take responsibility. Why didnt you show up at the meeting in August? I think most of us know the answer. …and you knew that a false police report could make the situation even worse…. Hey, its time to man up….because your statements are not doing you any service at all. Also, this isnt about being judgmental, it is about inappropriate behavior of a GM. Again, you chose to resign….hmmmm, odd coincidence?

October 1 at 1:12pm • 1

Vicki Keefe Whenever I read anything from our “resident bully blogger” I am reminded of this quote “That a lie which is half truth Is ever the blackest lie of all”

October 1 at 1:43pm • 1

John Turner @ Ruth … I was not at the meeting because of Doctors orders and that I wasn’t going to set there quietly while the circus went on. It was best that I didn’t be there. JL wanted to go to Syndie and to the Board, and not deal with me. * @ Julie … from what I’ve been told, knowone really likes you, so why do you continue the drama? My Supervisors always told me that my honesty gets in the way…lololol. I sleep with knowing that to whom it really counts, I am extremely honest. I sometimes have a Marine Corps mouth, but it’s never meant to be harmful. My goals were to get the place in order, run a lot more efficient, reduce water rates, and improve water quality so that we don’t have those red stains anymore.

October 2 at 12:32pm

John Turner I can see why you stay mostly to yourself. Everyone that has met me knows that I am no bully, and definetly no coward. You are being a very rude B****. NICE KIDS?????????? I don’t see anything nice in your whole statement.

October 2 at 1:17pm

Julie Limbocker @John..since I really dont know that many people in La Grange (have stayed to myself pretty much), I really find your comments typical of your mentality and attempts to bully. If you had gone to the meeting like a mature adult man, you could have stated your reasons, etc. Instead you felt it more appropriate to stay away….as most cowards do when “sh**” hits the fan. As for your doctors note??? Anyone can get a doctors note….but the stress was just too much for you. You crumbled like the weak person you are. I know it and you know it….so why not admit it? A person like you will never take accountability or act like a mature adult. Instead you get through life with attempts to intimidate, criticize, bully and lie. That is all you have….because you cant make it on your own merits. What I think is amazing is that you obviously have no remorse for your vulgar behavior….because a few days later you displayed it again. You, with your hot headed attitude and lack of self control, even tried to intimidate me on the phone….and then hung up on me. You made sarcastic comments, laughed and lied to me on the phone ….followed withy threats. Now now, John, quit acting like such a little cry baby….do something for yourself and get some counseling.It appears your vulgar behavior is a part of your character….and this time, you didnt expect someone to voice their concerns. While at the Board meeting, when we mentioned that all we wanted was an apology, your little “blogger” boyfriend stated, well, he wanted to but he was waiting to see if he would get hired back. LOL, a conditional apology? Are you kidding me? John, go play and leave the nice kids alone…

October 2 at 1:18pm

Julie Limbocker No John, it is not about being rude….but about telling it like it is. I guess it makes you feel powerful to use that word….. Now, it is time for you to stop your postings. You said I keep the drama up….you were the one that posted again today. Like I said, go play

October 2 at 1:40pm • 1

Carolynn Bartholomew You go girl.

October 2 at 5:53pm • 1

HERE ARE MY COMMENTS ABOUT THIS MESS (didn’t think you’d get away that easy – did you?)

UNBELIEVEABLE, LET’S TAKE A LOOK AT SOME OF THIS LIMBOCKER NONSENSE

1. Cannot stand on my own merits? You know, this election reminds me of something someone told me decades ago. I was fresh out of college with a BA degree in my hand (magna cum laude honors incidentally) and working in public service (hired at the top of a very long list of applicants) and excited about the future. I remember questioning a supervisor one day about an illogical procedure and why such was allowed to continue considering the routine negative outcome. I will never forget his quick humorous comment: “the public gets what they deserve”. This comment troubled me for some time. Although I understood the meaning at the time, the concept is sadly still valid.

The public will receive the quality of service they deserve due to the individuals they elect to represent and administer important public interests. There are few things as important as the quality and sustainability of our drinking water. I have publically stood by my opinions and convictions for over 8 years on LAKEDONPEDRO.ORG with fact and evidence but what some characterize as “slamming others” is simply the refusal to tolerate their pathetic attempts at rationalizing inappropriate (and sometimes criminal) behavior.

My website closed? Yes indeed it is –but why?

First of all because this is a BLOG (weB LOG), which is analogous to opening up a personal journal of thoughts and opinions for the public to view and understand my perspective. If you don’t like it, don’t log on and read. Why would ANYONE permit disingenuous political adversaries to write in their journal and corrupt personal expression?

Secondly, when LAKEDONPEDRO.ORG was open for viewer comments the SO-GOSIP [Same Old Group Of Special Interest People] flooded it with their typical disinformation and personal insults in an attempt to shut it down as they have for many years. (The truth is a very dangerous thing to the dishonest.)

Finally, I have been hacked a couple of times and it is expensive and difficult to clean up the mess unscrupulous people cause when they are determined to prevent the truth from being posted.

2. Senseless comments? School yard bully? Good Heavens! Poor Julia Limbocker and the SO GOSIP just can’t appreciate that it is they who participate in and perpetuate the exact behavior they wrongfully accuse others. [Impersonating an investigator from the State Attorney General’s Office to disrupt another business meeting of the district? Good grief – someone should have gone to prison on that illegal deception.]

3. Vicki Keefe asks what “one positive thing” I have done for this district? This is a good example of “bait” in a semantics trap upon which “Vicious Vicki” thrives in her continuing attempts to distort the truth (evidently she has not learned her lesson yet.)

No one director does anything without co-operation from others, whether within the Board room in front of the public, Closed Sessions, or working with other outside agencies and departments. There is no “I” in the word team. If I decline the challenge to list accomplishments with which I have been involved (many simply preventing the ridiculous special interest plans by Ross and Skoien) it will be interpreted that I have done nothing, but, if I list the work performed and the success achieved (like pursuing the $40,000 CSD obtained from the County regarding the Waste Water Facility under billing mess which Emery Ross wanted to negotiate down because it was unfair to demand what CSD was legally owed) – then I would be attacked for being arrogant and self promoting. Rather like the demanded “yes or no answer” to the question of whether someone has stopped beating their dog. If yes – spurious charges will be hurled that they previously mistreated their dog, if no, – accusations that they are still physically abusing an animal. Fortunately for this community there is no difficulty in establishing Vicki Keefe’s major contribution to this district – it was realized when forced off the board of directors for doing what she does best – not telling the truth.

4. Calvin and Julia Limbocker agree with Vicki Keefe (big surprise) that I have done nothing positive for this district? How would they know one way or the other since they admit to only recently becoming involved in CSD matters as a result of their juvenile Granddaughter’s driving through a construction zone and almost hitting our former Interim General Manager? They profess to “know” only that which has been furnished them by the SO-GOSIP who persist in relaying disinformation because their positions are meritless and fraught with the special interest of real estate and land development. Recall Julia Limbocker was less than candid on the youtube comments regarding her and her husband’s involvement with real estate. Why? There’s absolutely nothing wrong with such employment if honestly pursued.

The Limbockers have attended about three meetings and have not witnessed the times Emery Ross and Mark Skoien misrepresented information to the public and other board members. That’s the real reason LAKEDONPEDRO.ORG is vilified — it has documented such past behavior through accurate reporting which provides little wiggle room for their excuses of deception. EXAMPLE: The Limbockers were not present when an aggrieved citizen publically challenged and corrected Emery Ross for his verbal and written fabrications of truth regarding her personal life and property ownership activities. Was this victim of Ross’s dishonesty also “slamming” poor old Emery Ross, or simply setting the record straight when Ross was again playing fast and loose with the truth?

The Limbockers talk & talk – but don’t know squat. They are merely the most recent leaders of the infamous SO-GOSIP which has consistently obstructed district progress with their childish nonsense. Where are two of the most notorious former leaders of this group? One removed by legal action for dishonesty and the other facing multiple criminal charges for sexual abuse of children. Julia Limbocker has also claimed to have been some sort of law enforcement official in the past which really doesn’t carry much weight since there are many individuals of questionable integrity in every profession and career.

5. Julie Limbocker: “John, your behavior on 8-02 was unacceptable for anyone – especially in your position”.

Let me emphasize two points that Calvin and Julia Limbocker repeatedly refuse to acknowledge or understand: (1) I appreciate their love and concern for their granddaughter and wanting accountability for what they consider a great injustice to her, and (2) I do not condone (nor do I believe anyone else would) any CSD employee using inappropriate language towards ANY PERSON and such should not be tolerated. With that said, this incident, and the language used, is not the primary issue nor what is so disturbing about this whole matter.

The issue for me was, and is, the failure of the board to properly handle yet another complaint against an employee according to district policy.

The district complaint process was intentionally circumvented and the end result was the loss of an IGM with a 31 year professional history in water treatment who was making tremendous progress within this district. It was suggested by one director the entire matter could have been handled with a simple written reprimand and sending him to “charm school”, however, Turner’s failure to attend the meeting changed that. This sounds reasonable except for one thing, Mr. Turner resigned due to the traditional “micro-managing” investigations, drawn conclusions, and resulting actions by particular board members, some already determined to release him from service before the vehicle incident. Recall that shortly before this vehicle incident a recently resigned employee had quietly contacted three members of the board with her complaints against the IGM – no, no, no, no, no! — Most would consider this a serial meeting and a Brown Act Violation. [There is much more to this, but I digress.]

The point is, Mr. Turner had his hands full with behind the scene complaints by those unhappy with the way progress was being made in district operations and policy. John Turner was getting the job done in a very hostile environment.

NOTES FROM THE AUGUST 20th, 2012 BOARD MEETING

VP Richardson stated his understanding was the incident had been resolved at the scene but later others encouraged this juvenile to file a complaint. Mr. Limbocker stated he was one of those people because she was a child, didn’t understand her rights and was made to feel guilty like it was her fault. Limbocker continued: “I’m sure being 17 years old in whatever, compared to how old he is, I know how to manipulate her and make her feel guilty as hell – believe me, I’ve done it.”

Director Mark Skoien offered his opinion that John Turner was unstable based on the verbal complaints made to him. Skoien said he didn’t “give a damn” and the CSD needed to advertise for a GM because this man is not what we need – although admitting Turner had done a lot of good practical things that were long overdue for the district.

AT THAT LEVEL — THE LANGUAGE USED WAS OK?

Consider this, the alleged victim qualified that the inappropriateness of what was said to her was dependent upon who spoke the words (below). Emery Ross also even apparently felt the matter was OK until he received many complaints from undisclosed people.

EMERY ROSS VERY INVOLVED

Emery Ross acknowledged at the August 20th meeting he did not initially vote yes to hire John Turner, but it was because he didn’t know much about him at the time. Ross said he later felt the CSD had a really good manager because Turner was doing an unbelievably good job at meetings “but then I was getting all these complaints, you know, on the side, I, from everybody. And then, when I talked to him, about the incident with the car, I talked to him right outside the …”

VP Richardson: “The car?”

Director Emery Ross: “The Jeep, her’s, her Jeep”

VP Richardson: “Oh, oh”

Director Emery Ross: And I said, what you did, he explained how it – and that was that. He (Turner) said, but you know, I was wrong, I called her an “F’n B” and I shouldn’t have done that you know, at at that level it was OK then all these emails come around but to me it’s almost like there’s two different guys. The guy that was in here at these meetings I thought was good –

VP Richardson: Right

Director Emery Ross: – you know, but the guy that does that stuff

VP Richardson: Well I saw…

Director Emery Ross: definitely not good

VP Richardson: Well I saw an email from him saying he was willing to write a written apology

Director Emery Ross: and I vote no.

?????

MATTER OF SPONTANEOUS FOUL LANGUAGE USED OR WHO WAS INVOLVED?

According to the juvenile’s own statements during the highly emotional meeting , Mr. Turner had a flag in his hand acting like a “fairy”; he was not a man for using such language to a woman; that her CSD employee friends told her Mr. Turner always “flies off the handle” real fast; and that Turner had told board members at the Lumberyard Café and Brew that he had been injured in the incident. When I questioned which directors had been told this, Emery Ross stated he had. That erroneous information of serious injury was evidently passed on by Ross to other directors. The juvenile also stated something rather peculiar regarding the foul language:

“He (Turner) obviously flies off the handle because for somebody to call me that it is just ridiculous and it would have been different if it was maybe one of the guys that said that it I would have been a little more understandable”

(Emery Ross calling for the “confidence vote” in background)

VP Richardson: “It shouldn’t be any different if someone says that….”

Granddaughter: “No it shouldn’t but…..”

Emery Ross: “call for the vote”

PRIOR TO THE VOTE OF CONFIDENCE

Wes Barton questioned if some previously claimed foul language used by an IGM to an employee (who resigned after an apparent ultimatum to particular directors that Turner be fired) was the same IGM being discussed now and asked for clarification. (The same resigned employee also had complaints filed against the IGM before Turner.)

Another member of the audience questioned Ross about the many people who called Ross with complaints and whether or not there was follow up or documentation of the matter because if there had been complaints they should be brought out to establish a basis, rather than approaching the matter as an isolated case. Here’s that interesting exchange:

Director Emery Ross: All of a sudden there was like this avalanche of complaints …

Audience Member: Have you documented any of them?

Director Emery Ross: All this happened pretty quick, you know, it, really fast, we, we meet once a month (inaudible-female coughing) and ah, but I’m telling you, that the guy that was over here where Randy sits never (inaudible) I, I couldn’t, I mean, it was hard to believe the things I was hearing.

Audience member: Well, I understand that, but you said there were other complaints.

Director Emery Ross: Ahhum (affirmative answer)

Audience Member: That doesn’t tell me anything.

Director Emery Ross: Well (mumbling) employees (sentences mumbled and inaudible)

Audience Member: OK

Director Emery Ross: I, I, it was a disconnect for me, you know? (inaudible mumbling) how can this be?

Audience Member: Alright, I’m not challenging your disconnect, (multiple voices, cross talk) I’m just wondering

Director Emery Ross: Well I’m just telling you (over talking audience member) to me …..

Audience Member: other complaints

Director Emery Ross: because how to do it, because of, of, how good I , because like I said I thought he was pretty good then came this big avalanche of this here and –(inaudible) — personnel stuff, this personnel stuff.

Director Bill Kinsella explained the process: gathering information, writing up the complaint and serving Mr. Turner with the admonition the entire board would hear the matter but it was never heard because Turner called in sick and ultimately submitted his resignation.

Sally Punte cautioned that the board was discussing matters in open session that they shouldn’t. She also stated any complaints should have been put in writing, turned into the office, and procedures would dictate how to proceed.

Director Mark Skoien defended the actions by individual directors saying sometimes complaints were inner house and the man (Turner) was still working here and you can understand why they wouldn’t put something in writing. Skoien confirmed the information about the IGM was word of mouth hearsay and not documented in written complaints. Kinsella stated the written report furnished to board members was the complaint by Julie Limbocker (the Grandmother who was not present at the incident).

Sally Punte reminded Kinsella of policies.

Director Emery Ross relayed his analogy of Director Victor Afanasiev being accused of beating someone up and giving them a black eye saying “some stuff just doesn’t make sense”. [This was an interesting comparison since Ross also months ago referred to Victor as being two completely different people when Ross could not decide which one to vote for – despite Afanasiev being the only applicant for an advertised open board position. WHAT?]

VP Richardson emphasized the agenda item mentioned any outstanding complaints that should be addressed by the entire board, not select board members passing hearsay on to others.

Julia Limbocker stated she didn’t care or believed Mr. Turner had a 31 year stellar career in water. Cal Limbocker stated they cared about the district but there were other verbal complaints about Turner. Mr. Limbocker said they were there not just because of the recent incident with their granddaughter but because of missing water and the Grand Jury report.

Chuck Day suggested dropping the matter and moving on.

THE GREAT COMPLAINT ADJUDICATOR?

Emery Ross has been asking people to contact him for many years and has advertized this policy in his Foothill Express newspaper column “Ranching Don Pedro”, however, when concerning complaints and disciplinary actions against CSD employees this is absurdly wrong – especially when there is no documentation other than Emery’s word of what transpired. No individual director has that jurisdiction or authority. Such matters should come before the entire board for fair and impartial investigation and adjudication. It appears the “serious injury” rumor that spread like wildfire through the community started with Emery Ross at the Lumberyard Café and Brew [and Ross’s Cowboy Hall of Fame] where the juvenile is also employed.

DISTRICT POLICY WAS AGAIN CIRCUMVENTED

I don’t think it really matters what an employee might be accused of outside a public meeting through a whispering campaign of defamation because an employee is still entitled to the employment protections our district policy was meant to provide – a fair unbiased hearing based on fact – not an “avalanche” of mysterious undocumented complaints from someone like Emery Ross.

BACK TO THE LIMBOCKER SHOW IN RESPONSE TO MR. TURNER’S POSTINGS

6. Julia Limbocker: “John, yes we were all aware of your attempt to make a false police report and your stories.”

Who is this “we were all aware”? Obviously the Limbocker’s (and their new found mob of the SO-GOSIP supporters) went out of their way to contaminate any possibility of a fair hearing for Mr. Turner, but who else? As you can read for yourself in the comment by John Turner there was no false report to anyone. After the incident Mr. Turner felt there was no sense in causing the juvenile legal problems with a formal complaint about her driving because no one was hurt and the matter seemed resolved at the scene until “others” exploited that opportunity and encouraged the juvenile to file a complaint – which was never done according to district policy. John Turner already had a target on his back and this vehicle incident was blown out of proportion and used as a reason for his proposed termination: all of it outside the preview of the entire board of directors and the public.

7. Julia Limbocker doesn’t take to liars, irresponsibility, or cowardly bullies? I would suggest she avoid mirrors or reflection in any smooth surface. Here is a woman who has intentionally and publically spread fabrications of truth about me on the internet through Youtube and the Foothill Express newspaper (delivered all across the United States) yet falsely maintained both she and her husband were not involved in real estate when both possess current DRE licenses and are advertised on the internet. Want to talk about special interests and manipulation of the truth? Now she has the audacity to accuse our former IGM (and former United States Marine tank commander) of being a coward? Wow.

8. Amazing it is that Julia Limbocker makes such a scene about an admitted spontaneous inappropriate exclamation by Turner when he was almost hit by a vehicle driven by Julia’s juvenile granddaughter (who apparently only had a license for a few months, was inexperienced in driving a manual shift transmission vehicle in hilly terrain, and wasn’t paying attention to the road or John Turner while waving to her CSD worker friends) yet even with the advantage of time to think and compose her thoughts, Julie Limbocker viciously strikes out again by calling me Mr. Turner’s “little “blogger” boyfriend”. Good Heavens! This woman is a pernicious, disrespectful and nasty individual with an obvious penchant for jumping to conclusions based on her own self-serving faulty perception of facts. I don’t know what life experiences have been involved in creating and shaping such a hateful individual but one thing is for sure, she is an expert at portraying exactly what she is. I too thank you for starting the CAL & JULIE LIMBOCKER SHOW.

Well I’ve wasted enough time already discussing these pathetic excuses for “concerned citizens”. It’s a beautiful day after the rain and I have much more enjoyable work to get done. More later – until then, and as always, –

My best to you and yours, Lew

And to our former IGM and United States Marine………..Semper Fi !

Recently it has come to my attention that Calvin and Julie Limbocker have taken my advice in creating their own forum to advocate their position which is a very good thing for everyone involved. Ironically, as in most situations where someone attempts to conceal the truth with their special interest disinformation, their motivation and illogical conduct becomes quite clear to anyone who reads their propaganda.

NEVER CALLED EMERY A WATER THIEF – HE CALLED HIMSELF THAT

I find it extremely interesting that I have been accused of calling Emery Ross a water thief which could not be further from the truth. As a matter of fact, it was Emery Ross himself who repeatedly yelled that term and the audio recording of that meeting clearly documents this fact. It was really quite a show, but of course you did not read anything about this in the Foothill Express even though a reporter witnessed the entire drama.

QUESTIONED APPARENT UNACCOUNTED FOR WATER

What I did do, and would do again under similar circumstances considering this district’s estimated 26% water loss rate, was question why a check meter on the undocumented water line crossing the Ross Ranch did not accurately represent the water usage billed further down line by two adjacent ranches (all outside the permitted area of water use under the water license, thus, outside MIDPOU service). It should be noted this apparent unaccounted for water (thousands of gallons) continues to occur each month, however, it was Emery Ross himself who started yelling about being called a thief and requesting the sheriff be notified. [Also recall it was Emery Ross who had the OMIDPOU reporting changed from name to account numbers so no one could associate the amount of water being used on a given OMIDPOU property with the owner. This “special interest” reporting was corrected a few months ago.]

I imagine I could take the time to post the audio of the meeting where Emery had another “melt down” so viewers could hear for themselves the dramatic tantrum put on by Mr. Ross (it was quite a scene), but then I would undoubtedly be criticized for further embarrassing him needlessly.

This is the whole point: I welcome different perspectives or opinions concerning district operations and service but not when outright and intentional fabrications of the truth are presented to sway those who do not know the facts. I will challenge this activity every single time. I have worked very hard during the last two years in service to this district and its ratepayers and will not tolerate such despicable conduct by people who wouldn’t know the truth if it bit them on their (are you ready?) “naked human butt”. LOL

DON’T ENJOY BEING CORRECTED? SIMPLE SOLUTION: DON’T LIE.

Naturally those who persist in pushing such lies in hopes someone somewhere will eventually believe them, become embarrassed due to my proving they are incorrect and shameless, but that’s not my problem. If they do not care for the embarrassment of being revealed as the liars they are, they simply need to stop such conduct. What sort of position do they represent if built upon untruths in an attempt to deceive?

BACK TO THE APPARENT  UNACCOUNTED FOR WATER

It should be noted this apparent unaccounted for water is the result of the incorrect type of meter being used to check the flow before the water crosses the Ross Ranch. Brenda Seldon (a highly experienced water operator employed by our CSD) explained that all three meters involved are 5/8 inch diameter and if the two meters down line are simultaneously pulling a large volume of water the check meter will spin more rapidly and will incorrectly register a larger amount of water than is actually being used. This problem can be solved by replacing the 5/8 inch check meter with a compound meter which is more expensive. [Emery Ross was unaware of this fact which only goes to show without the opportunity for asking legitimate questions, correct answers will never be obtained.]

This is why I stated the water reading discrepancy was a non issue at the last meeting, however, a future board (that is truly concerned about accurate readings of water use) may consider the installation of a compound meter desirable in order to identify any possible future leaks occurring on the Ross Ranch line which runs approximately a quarter mile through private property.

WATER QUALITY ISSUE

The fact the line has been exposed in the past by rain runoff and was subsequently covered with concrete by Ross and his neighbor to prevent cattle damage (Ross’s other OMIDPOU water line was also damaged by cattle and his usage dropped from an average of several units to zero for many months) may still be of concern regarding down line water quality to the other ranches if the line were to ever be broken. Who do you think will be sued if someone gets sick because of contaminated water?

LOOK AT WHO SUPPORTS THE LIMBOCKERS

Another quick note before I get to work on some other business. I find it humorously revealing exactly who is supporting the Limbockers (and Directors Ross and Skoien) in their proclaimed crusade to clean up the CSD – many of the same people who steadfastly supported a former director who was removed for providing false information to a peace officer during a Grand Jury/District Attorney investigation.

Providing false information to a peace officer? Humm, most would consider that a big clue.

More on this Limbocker circus of misinformation later.

My best to you and yours, Lew

WHY DOES THIS WOMAN CONTINUE TO LIE ABOUT MY VIDEO ON YOUTUBE?

I HAVE GIVEN CONSIDERABLE THOUGHT TO THIS ELECTION FOR NEW LAKE DON PEDRO COMMUNITY SERVICES DISTRICT DIRECTORS, AND ALTHOUGH THIS IS ONLY MY PERSONAL OPINION, I WOULD ENCOURAGE VOTERS TO ELECT THE FOLLOWING CANDIDATES (IN ALPHABETICAL ORDER):

Charles “Chuck” Day

Danny Johnson

William “Bill” Kinsella

My best to you and yours, Lew

PS:  I was trying to do a “Red, White & Blue” but white is difficult to show. – later

You will recall I earlier mentioned how Director Ross misrepresented the “email exchange” regarding his multiple requests for a special two agenda meeting on August 31st to:

1) Reorganize the board (new President and Vice President), and,

2) “rubber stamp” a past and inadequately reviewed budget so as to meet a September 1st deadline.

[Do not fear, the budget that was approved can be modified later by a board willing to do the work as a budget is only a suggested guideline and not set in stone.]

As most will appreciate, having a budget prepared by the deadline is not as important as having a good budget that is adequate and workable. There are not any serious ramifications for taking more time to do the job right the first time.

{I can hear it already…….”I was the director who made sure the LDPCSD budget was on time!” —-But the flip side is actually: “Don’t worry about the deteriorating and leaning foundation – keep stuccoing the walls, tiling the roof and painting that barn those hideous colors and patterns I picked out!”- LOL}

ANYWAY, Director Ross (in his board packet supporting the Special Meeting) only included his most recent request and my second “short” response denying the request. Hardly an accurate record of what really occurred.

This is how the communication actually transpired, starting with Director Ross’s August 28th request:

_________________

Lew:

Since the budget is due by September 1st, we need to schedule a special meeting to get the budget approved ASAP to be in compliance with the law. We could approve the budget that Charise prepared, but direct staff to make any adjustments that the Board wants, like pay increases.

Also, the Department of Public Health needs a five year plan and a capital improvement plan submitted by September 15th per Randy. Our next regular meeting is on the 17th. That item could be addressed at the special budget meeting.

For the five year plan, we could take the Prop 218 five year plan and extend it out for two years. Betsy could help the staff prepare this if necessary.

Thanks, Lew.

Emery

ER: br

_________________________

___________________________

Syndie, could you please see to it that all directors receive the CDPH communication with which Randy apparently briefed Director Ross? Thank you.

Emery, considering the recent information from Mr. Herrera: (1) that the board may have some applicants to interview for the vacant positions very soon; (2) those positions are intimately involved with the budget; and (3) the fact the budget has often been late in the past without any serious ramifications, I believe following up on the hiring process should take priority. Having an experienced new employee(s) working on the budget would be of great benefit to the district as well as a good introduction to our district business for the new employee(s).

This would also apply to any CDPH reporting procedures. Regarding the CDPH five year plan and CIP submittal, I believe your stated Sept 15th deadline is incorrect and is merely a required response date, not a completed work deadline. Lew

___________________________

NOTE: Mr. Ross was indeed incorrect about the deadline and all subsequent follow up was unnecessary.

Director Ross to Richardson, August 29th, 2012

___________________________

Lew:

On July 16, 2012, there was a special Board meeting with a public hearing and presentation of the proposed FY 2013 budget. The budget mirrored the budget in the voter-approved Prop 218 five year plan.

All the Board needs to do now is approve Resolution 2012-7 (page 2 of the July 16 Board packet) changing the resolution with a new date and the President and Secretary names. No one needs to prepare a new budget; it has been completed already and presented to the ratepayers. As I recall, we did not approve the budget on the 16th because of questions on the salary plan. We could approve the resolution but freeze pay rates pending a recommendation from the new IGM. The new IGM could spend their time developing a new salary plan and working on policies, as recommended by the auditors and the Grand Jury.

Let’s have a short meeting and get this budget approved ASAP, prior to September 1st, to be in compliance with the law. Adoption of the budget will give the staff the authority to make expenditures and will allow our financial statements to be completed.

Thanks.

Emery

ER: br

____________________________

Notice how Mr. Ross’s first email speaks of possible pay increases, yet the following one suggests freezing pay rates along with omitting his wife’s involvement with his big plan. Believing I had already appropriately responded to Mr. Ross’s request for another unnecessary Special Meeting on August 28th, my second (and final) answer was short and to the point on August 29th:

____________________________

“Director Ross, I understand your email as a request to schedule a Special Meeting. I decline to do so. Lew Richardson, Vice President”

____________________________

Director Ross’s self-prepared August 31st packet totally misrepresented my response to his repeated requests for a Special Meeting by including his last (different) request and my second short final answer. What do you expect when the request was disingenuous in the first place with the primary focus of removing me as Vice President?

Gee, Mr. Ross evidently wrote a nice reasonable request and I dismissively responded so impolitely. Oh please – total misrepresentation.

Apparently, Directors Ross, Skoien and Kinsella, believe presenting and approving a budget on the same day is reasonable. I disagree. Far more study and deliberation should have been made – especially when your financial administrator/treasurer just quit. (There is another issue which the public is unaware but in light of the resignation reporting such doesn’t make much sense since the matter was OBE…..Overtaken By Events.)

IMAGINE WHAT WAS GOING ON

Think about the chaos going on at the LDPCSD and in the community at this time ….. our Administration Office was destroyed by a suspicious fire; then the termination of a long time employee (the entire board was never involved in that termination); then three resignations in a row, starting with a part time hourly worker all the way to – the most recent by our former IGM who had 31 years experience as a water professional and who was making major positive changes while continuing to research and evaluate more efficient ways to operate……but that’s another story that will have to wait for a while.

(Heck it will probably take a whole chapter in the book explaining how this district was once again derailed by people pursuing their own personal interests which is absolutely reprehensible.)

ANYWAY, I was not satisfied (either are many others) with the lack of research and study of this hastily approved budget. Wes Barton did a wonderful job in explaining to the public that Ross’s proposal WAS NOT A MIRROR IMAGE OF THE VOTER APPROVED 5 YEAR PLAN AND HAD MAJOR FLAWS THAT NEEDED ADDRESSING. Barton also pointed out the apparent consensus of the attendees that the two item agenda meeting was unnecessary and planned poorly for a Friday before a three day weekend when many people had company visiting.

I will agree that Barton needs to “talk down” a bit to the public with less financial terms and provide more everyday examples of what he is saying, but his “watch” over our finances is comforting.

ATTORNEY RECOMMENDED MATTER CONTINUED TO SEPTEMBER 6th

So, a September 6th meeting was later required because Directors Ross and Skoien refused to hear a legal matter that the attorney requested the board decide on August 31st.. Their failure to act was {incorrectly} justified by stating the attorney’s recommendation and Government Code (Brown Act) authorizing such action was a violation of the Brown Act….in the opinions of Ross and Skoien. (Still stuccoing and painting the barn weird colors.)

Once again, on September 6th, Director Ross refused to participate in a Closed Session meeting this time citing personal reasons which have never been adequately explained to the attending public who asked legitimate questions. While walking out of the board room into the parking lot Ross confidently assured the attendees the Closed Session meeting would take a long time.

How curious that he was absolutely correct. A very simple issue that should have taken a “normal board” maybe 15 minutes at the most was dragged out unmercifully due to a director’s obvious personal interest and concern. But I can’t tell you the story because it was closed session material. This is insane.

NO CRYSTAL BALL NECESSARY THIS ELECTION

NOTE: THE FOLLOWING IS NOT A PERSONAL ATTACK – IT IS DOCUMENTED FACT AND ABSOLUTELY NECESSARY FOR EVERY VOTER IN THE UPCOMING LDPCSD ELECTION TO UNDERSTAND!

Directors Ross and Skoien, in addition to elevating their opinions above that of our attorney, have dismal attendance and voting records for meetings and general participation (probably record setting), yet both are running for re-election. It would take much work in researching the matter, but I am relatively confident Director Mark Skoien has the record for abstaining on a vote which even district policy recommends avoiding. Repeatedly sitting on the fence of important issues is not taking an active role in leadership and ignores the “Oath of Office” every director takes.

Perhaps without the adequate preparation as to the matter at hand – and fearful of making a decision – “non decisions” are the best policy for directors who apparently walk a thin line in pandering to both sides of an equation. Placate everyone without actually doing anything. Track record my friends, track record. This is not responsible representation of the public’s interests.

A MODERN DAY HYDRA MONSTER?  

Poor Hercules, every time he cut off one of the heads of that multi-headed monster, two grew back! LOL

You know, it is extremely difficult to keep up with the nonsense perpetrated by some directors that inevitability, and intentionally, distract from the important issues of this district. It happens again, and again, and again with absolutely no accountability for serious past transgressions. Seems one untruth is simply replaced with another. Honestly, every time I post a report about this mess I realize there was much more that should have been included, but ten or fifteen pages is already over-kill for the average reader.

Being an active participating member of a board takes work, plain and simple. The sad part is the work is not that difficult when a board is focused on district issues and not pandering for votes or creating “look at me – proposed quick fix –resolutions” without proper research or investigation.

CHECK OUT THOSE BODs

The concept of a Board of Directors being 5 bodies (individual directors) with one head (ultimate decision making authority) is exactly the opposite here at the LDPCSD because what we have are 5 heads with one body. (Actually the “5 head comment” is being extremely generous if considering relevant contributions.)

Like the old science fiction monster movies where cephalic disorders reign high as a result of over exposure to chemicals and/or radiation, our “multi-headed board” pursues and obstructs various courses of action simultaneously in a never ending battle of single-headed perspectives which are often oblivious to the public interest.

That’s the kicker, most of the wasted time and effort has little to do with promoting what is best for our district and customers, now or in the future.

LAST MEETING SO TYPICAL

OK, forward to the Monday, September 17th, 2012 Meeting where Director Emery Ross proposed his Resolution 2012-12. Although my previously posted poem (Wannabe King?) pretty much sums it up, this “dog and pony show” (or “hydra-monster presentation”) warrants further comment since the far majority of viewers were not at the meeting which actually boasted an audience of 25 people. Excellent attendance – please keep coming to meetings and thank you all for addressing the podium during comments and staying on subject.

HELP YOUR LDPCSD— BRING STRANGERS TO MEETINGS!

I was quite pleased with the meeting but it probably didn’t hurt that there were some unfamiliar faces in the audience. Maybe we should start paying strangers to attend meetings so the traditional disrupters will never know if there is an official from another governmental entity present? Pickup hitch-hikers and drop them off at meetings with promises of free food and drink? Maybe a BIG inflatable “Sergeant at Arms” in the corner? LOL 

DIRECTOR ROSS’S RESOLUTION 2012-12 WAS EXTREMELY PREMATURE

Director Ross’s RESOLUTION 2012-12 was another “short circuit” to the TRANSPARENCY OF GOVERNMENT concept where the people (in this case LDPCSD ratepayers) have a right to be advised of proposed government action along with the opportunity to comment prior to final decisions.

1. There was no adequate investigation as to the feasibility or possible ramifications of such a major change in district financial operations.

2. There was no serious discussion by the entire board at a public meeting

3. The stated reasons for necessity were weak and unsupported.

4. Resolution 2012-12 needlessly expended staff, attorney and director time.

MY FIRST REACTION TO ROSS’S RESOLUTION?

(Other than the traditional disbelief and frustration?)

I telephoned Mariposa County Tax Collector Keith Williams on Friday morning, September 16th, 2012 since Ross had already publically stated he had spoken with Mr. Williams about the matter.

NOTE: Mr. Keith Williams has always accepted calls and should be acknowledged and commended for his personal response and clarity of information regarding such matters.

Mr. Williams confirmed he had spoken with Director Ross, however,

1. No research or preparation for such designation had been started by his department;

2. Such designation would likely take months due to the involvement of other County Departments and the Board of Supervisors;

3. He was unaware that LDPCSD Resolution 2012-12 was ready for possible approval by the LDPCSD Board of Directors at the next Monday meeting, and

4. Even if the LDPCSD Board approved the Resolution it would have no effect with the County of Mariposa.

I still cannot believe this was even proposed because by definition, a resolution is a formal expression of determination to pursue a particular course of action already deliberated and decided!

The intent to immediately make this major change in District financial operations, without adequate research, discussion or public input is evidenced in three parts of this Resolution.

1. “hereby designate the County Treasurer of Mariposa County as the treasurer of the Lake Don Pedro Community Services District…”

2. “….district staff is authorized to work with the County Treasurer to begin the process of establishing the district’s funds with the County including closing bank accounts and alternative depositories as necessary, and

3. “THEREFORE, this resolution was passed and approved by the Board of Directors of the Lake Don Pedro Community Services District, this 17th, day of September, 2012, by the following vote:…”

VOTERS IN LESS THAN 2 MONTHS will decide which directors will represent their interests in this district and such a major decision should likely be made by that governing board. Obviously research into the feasibility of such a change could start now if the board wanted and the results presented to the new board for possible action. I have no problem with ideas, but please, let’s all take a deep breath, study and think about issues before running off and unilaterally creating resolutions changing district financial operations.

ROSS REASONS FOR THIS MAJOR CHANGE WERE VERY WEAK

1. Financial Administrator resigned: Radically changing the traditional District financial operation because one employee resigned is analogous to throwing away a useful piece of equipment because one replaceable component failed. (REPLACE THE COMPONENT!)

2. Government Code 61050: General Manager and Treasurer can be the same person. Hiring a GM could remedy the necessity of another employee for Board Treasurer.

3. Designating the County Treasure to serve as treasurer of the district (transferring responsibilities) is not synonymous with more oversight of district finances and improving internal controls. Director Ross has again confused two very different issues yet combines them as justification for his proposed transfer of financial responsibilities.

Viewers might be reassured with the fact our LDPCSD attorney also commented on the seriousness of such a change and cautioned about a hasty decision.

LEW! SHUT THE HECK UP. WHAT HAPPENED WITH THE RESOLUTION?

Okay, sorry—nothing. After opening the meeting and immediately after the Pledge of Allegiance, Director Ross repeatedly tried to remove his curiously inappropriate Resolution from the agenda. I stated it would be addressed in order as listed on the agenda, which it was.

At that time I made many of the same arguments and comments already presented to you viewers here. Director Ross withdrew the item for discussion and vote. I wonder what would have happened if we had a more traditional audience of 3-5 people and there was no public knowledge about the proposed action? Could such nonsense have been approved?

“Oh, you didn’t happen to stop by and read the public notice? Sorry, the board has already approved this major change in financial operations at the last meeting. You should have been more vigilant in checking the posted notice.”

The above example is one of the things the Open Meeting Act is designed to prevent – lack of prior public notice before government action.

Actually there is one other point I would like to make regarding Ross’s proposed and withdrawn Resolution and how it is very similar to other situations where he has unilaterally scheduled and then simply withdrawn a matter from the agenda and board consideration.

“HANG ON”…… NOT THIS TIME, MAYBE NEXT

Previous IGMs have been subjected to similar erratic and improper activity as well, including late night telephone calls advising how the IGM should perform. [Telephone records could easily verify the times, duration and frequency of such calls.] I recall one former IGM who had a day or so to fret and worry about whether he was going to be disciplined or even have his employment terminated over some disagreement he had with Director Ross yet when the meeting item came up on the agenda, Ross simply withdrew the request like it was no big deal at all. It just disappeared like water vapor. WHAT?

I’m sorry, but that’s the employment equivalent to marching someone up to the gallows, placing the noose around their neck, vocalizing all legal notices to the public like the execution order, maybe a short prayer, placing a hand on the lever to the trap door, then halting the whole process with a simple: “ahhhh, not today”.

Psychologically this is a form of torture and a totally inappropriate way to treat any employee. It is simply a diabolical method of control – constantly reminding an IGM that he is an “at will employee and serving at the pleasure of the board”.

Reprehensible conduct for any director much less one who consistently brags about how many years supervising experience he has with a Special District. A special district, where according to Mr. Ross’s own writings, routinely kept resignation forms handy in files in case any employee might want to resign. Seriously, I kid you not. Every HR (Human Resource) person I have talked with has never heard of such a thing.

MOSTLY HOUSE KEEPING CHORES

Most of Monday’s meeting was pretty straight forward with the required board approvals of routine stuff, Treasurer’s Report (Wes Barton has agreed to fill in until an employee is designated with that responsibility), paying bills, Minutes, and correspondence.

RESIGNED FROM THE FINANCE COMMITTEE

I believe my submitted resignation speaks for itself:

_______________________

“Please be advised as of Monday, August 20th, 2012 I hereby resign my position on the Finance Committee. I’ve learned much and will continue to study and attend meetings as an observer when able. Since Director Ross has already suggested that his wife Betsy, who is experienced in such matters, could temporarily fill the Financial Administrator position (Emery acknowledged it would be voluntary with no pay since he was a director), I think the Finance Committee would be the perfect place for Director Ross and his wife especially since Mr. Ross has suddenly become interested in joining committees.

Thanks for the education, Lew Richardson”

__________________________________

Director Ross agreed to serve on the Finance Committee but do not worry about any other strange resolutions coming out of that committee because “Bean Counter” Wes Barton keeps a keen eye on our finances.

Say what you want about his emphatic lectures at meetings but this district is lucky to have access to his experience. I cannot count the number of times he has discovered and reported financial errors or omissions in public meetings. Heck, the reporting process Mr. Barton set up years ago was one of the examples of a good documentation procedure in a recent Finance Training class I attended. Comforting to know we were already doing it like the class recommended.

ORGANIZATIONAL CHART

Item H, Organizational Chart of the district was something I requested that did receive  approval by the board (4-1 Skoien abstained).   Essentially it streamlines the hierarchy of employees by clearly designating the General Manager as the top district supervisor as outlined in various sections of the Government Code.

________________________

61000. This division shall be known and may be cited as the

Community Services District Law.

_____________________________

Government Code 61051 states:

The general manager shall be responsible for all of the

following:

(a) The implementation of the policies established by the board of

directors for the operation of the district.

(b) The appointment, supervision, discipline, and dismissal of the

district’s employees, consistent with the employee relations system

established by the board of directors.

(c) The supervision of the district’s facilities and services.

(d) The supervision of the district’s finances.

_____________________________

Government Code 61002:

(f) “General manager” means the highest level management appointee

who is directly responsible to the board of directors for the

implementation of the policies established by the board of directors.

__________________________________

Our previous organizational chart came about due to vacancies in the key positions of Financial Administrator, Treasurer and Board Secretary which were filled by one salaried employee. Our district was “top heavy” with two salaried employees, the General manager and the Financial Administrator/Treasurer/Board Secretary.

NOTE: The same person being both Treasurer and Financial Administrator was a problem of “checks and balances” for our auditors who also advised changing that position.

This prior organization created a situation where (arguably) one employee answered only to the board of directors who appointed them and could not be disciplined or terminated by the GM. This had the unintended result of that position being basically immune from GM supervision and correction if necessary. I believe this new organizational chart not only now conforms to Special District regulations under the Government Code but will also provide a more stable and cleaner supervisory structure. (Our next IGM/GM will not be plugged into that same untenable working dilemma.)

RESOLUTION 2012-12 By Director Emery Ross: WITHDRAWN.

CLOSED SESSION

j. Government Code Section 54957 (b)(1) – Public Employment Title: General Manager: Request: Director Richardson – Possible Board action of filling the GM Position.

This Item was dropped due to a majority of the board preferring to continue advertising for the GM position.

Well, that’s about it for now. I need to get out and financially contribute to the District through more water usage on my landscaping!

LOL!

My best to you and yours, Lew

"....SO MANY HATS......"

PS:   Makes me ill to see my name on such an extremely premature District Resolution ready for vote with tomorrow’s meeting date already included.   Tell you one thing, even if three directors agree to pass this “knee-jerk” response proposal —- I will not sign the document because of the lack of due diligence in researching, investigating, and discussing the matter in open public meetings according to the Brown Act’s intention of public transparency of government action.

Director Ross Resolution 2012-12 Request

RESOLUTION 2012-12 page 1

RESOLUTION 2012-12 page 2

When responding to one of Mrs. Limbocker’s nasty comments under my youtube video about the accidental exposure (while putting up camera equipment) of my index finger crease – that happened to look like a “human butt”, I stated to her:

“We may be on “opposite sides” of this “water fence” since you and your husband are in the real estate business.”

Mrs. Limbocker responded:

“That was the last time I will respond…you cannot reason with an unreasonable person…… However, I will be monitoring and documenting. By the way…we are not both in real estate. Just FYI” jlimbocker

Mrs. Limbocker states she and her husband are not both in the real estate business which may be technically factual if one of them is no longer actively working.   Department of Real Estate records however lists both Mr. and Mrs. Limbocker as real estate agents employed by real estate broker Premier Valley LFRO Inc, in Oakdale, California.    [Public records indicate Julia May Burgess and Calvin Douglas Limbocker were married in Los Gatos, CA on August 4, 1979.]

Real Estate License 01278455 issued to Calvin Douglas Limbocker (salesperson license issued 12/18/06) expires 12/14/14, and

Real Estate License 01274096 issued to Julie M Limbocker (salesperson license issued 2/5/00) expires 2/4/16.

Those interested can confirm this information with the California Department of Real Estate online license check:

http://www2.dre.ca.gov/PublicASP/pplinfo.asp

I apologize for any confusion.

My best to you and yours, Lew

94956.9.  Nothing in this chapter shall be construed to prevent a
legislative body of a local agency, based on advice of its legal
counsel, from holding a closed session to confer with, or receive
advice from, its legal counsel regarding pending litigation when
discussion in open session concerning those matters would prejudice
the position of the local agency in the litigation.
For purposes of this chapter, all expressions of the lawyer-client
privilege other than those provided in this section are hereby
abrogated. This section is the exclusive expression of the
lawyer-client privilege for purposes of conducting closed-session
meetings pursuant to this chapter.
For purposes of this section, “litigation” includes any
adjudicatory proceeding, including eminent domain, before a court,
administrative body exercising its adjudicatory authority, hearing
officer, or arbitrator.
For purposes of this section, litigation shall be considered
pending when any of the following circumstances exist:
(a) Litigation, to which the local agency is a party, has been
initiated formally.
(b) (1) A point has been reached where, in the opinion of the
legislative body of the local agency on the advice of its legal
counsel, based on existing facts and circumstances, there is a
significant exposure to litigation against the local agency.
(2) Based on existing facts and circumstances, the legislative
body of the local agency is meeting only to decide whether a closed
session is authorized pursuant to paragraph (1) of this subdivision.
(3) For purposes of paragraphs (1) and (2), “existing facts and
circumstances” shall consist only of one of the following:
(A) Facts and circumstances that might result in litigation
against the local agency but which the local agency believes are not
yet known to a potential plaintiff or plaintiffs, which facts and
circumstances need not be disclosed.
(B) Facts and circumstances, including, but not limited to, an
accident, disaster, incident, or transactional occurrence that might
result in litigation against the agency and that are known to a
potential plaintiff or plaintiffs, which facts or circumstances shall
be publicly stated on the agenda or announced.
(C) The receipt of a claim pursuant to the Tort Claims Act or some
other written communication from a potential plaintiff threatening
litigation, which claim or communication shall be available for
public inspection pursuant to Section 54957.5.
(D) A statement made by a person in an open and public meeting
threatening litigation on a specific matter within the responsibility
of the legislative body.
(E) A statement threatening litigation made by a person outside an
open and public meeting on a specific matter within the
responsibility of the legislative body so long as the official or
employee of the local agency receiving knowledge of the threat makes
a contemporaneous or other record of the statement prior to the
meeting, which record shall be available for public inspection
pursuant to Section 54957.5. The records so created need not identify
the alleged victim of unlawful or tortious sexual conduct or anyone
making the threat on their behalf, or identify a public employee who
is the alleged perpetrator of any unlawful or tortious conduct upon
which a threat of litigation is based, unless the identity of the
person has been publicly disclosed.
(F) Nothing in this section shall require disclosure of written
communications that are privileged and not subject to disclosure
pursuant to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1).
(c) Based on existing facts and circumstances, the legislative
body of the local agency has decided to initiate or is deciding
whether to initiate litigation.
Prior to holding a closed session pursuant to this section, the
legislative body of the local agency shall state on the agenda or
publicly announce the subdivision of this section that authorizes the
closed session. If the session is closed pursuant to subdivision
(a), the body shall state the title of or otherwise specifically
identify the litigation to be discussed, unless the body states that
to do so would jeopardize the agency’s ability to effectuate service
of process upon one or more unserved parties, or that to do so would
jeopardize its ability to conclude existing settlement negotiations
to its advantage.
A local agency shall be considered to be a “party” or to have a
“significant exposure to litigation” if an officer or employee of the
local agency is a party or has significant exposure to litigation
concerning prior or prospective activities or alleged activities
during the course and scope of that office or employment, including
litigation in which it is an issue whether an activity is outside the
course and scope of the office or employment.

I previously told viewers I would resume positing meeting information with the August 31st Special Meeting which was orchestrated by Director Ross with the assistance of Directors Skoien and Kinsella, however, going a little further back might be helpful in understanding this continuing but intentional mess.

Considering the potential for legal action by particular former employees I am not going to get into the “nuts and bolts” of what actually happened (many, many pages) but can assure you I was extremely disappointed with some of the activities of sitting directors and their distorted perception of responsibilities.

Since my Presiding Officer’s Report was already read for the record I see no harm in posting it now. I stumbled a couple of times with words, but this is verbatim after all. LOL Here we go:

AUGUST 20, 2012 Meeting

PRESENT: President Bill Kinsella, VP Lew Richardson, Director Victor Afanasiev, and Director Emery Ross.

ABSENT: Director Mark Skoien

a. PRESIDING OFFICER’S REPORT:

“Our District is once again without a General Manager and currently out of compliance with the California Department of Public Health regarding employee staffing and reporting. We are also in violation of the MID agreement regarding Outside Merced Irrigation District Place of Use reporting.

This reoccurring lack of a GM situation is a result of what the Mariposa County Grand Jury diagnosed as a “dysfunctional” board of directors and I totally agree with that assessment. I believe micro-managing directors have again placed personal interests above that of the district and this flies in the face of California Government Code Section 61040 subsection (C) which states in part:

All members of the board of directors shall exercise their independent judgment on behalf of the interests of the entire district, including the residents, property owners, and the public as a whole in furthering the purposes and intent of this subdivision, division, I’m sorry, not subdivision.

Now this is my part – not the government code: officious intermeddling, intimidation through threatened disciplinary actions, improper individual investigations, changing an attorney drafted disciplinary action agenda, and the general lack of support of the GM by particular directors, all this and more, will continue unchecked unless the public demands accountability from their representatives. There are members of this board who refuse to allow this district to operate as designed which is with a general manager. The reason for this is simple, the lack of GM, the lack of a GM provides the environment for continued micromanagement of employees and operations according to their personal interests, and perhaps even, benefit.

District, business of this District should take place at this District in public meetings – no where else. Director Ross has a number of requests on this agenda, please read them and study them carefully considering the actual reason and motivation for each.

In the past we have had burglaries and illegal entries into buildings yet later discovered missing records that were never reported to the Sheriff’s Office. A possible arson of our administration building and lost records. An insurance loss rate of 288% over the baseline of 70%. We have a 26% water loss rate. When will enough be enough? We need John Turner to continue his professional and effective leadership and that is on the agenda which we will discuss later. OK, thank you for that.”

RESULT: IGM JOHN TURNER RESIGNED DUE TO A

LACK OF BOARD SUPPORT

OK, so we now move forward despite this major setback right? Wrong.

EMERY WANTS REORGANIZATION OF THE BOARD?

You see, when Bill Kinsella resigned as board president on August 9th, 2012 following public questions and criticism of his role in personally investigating a complaint against our former IGM, I became presiding officer by default according to the Brown Act. This was the recorded report out following that previously held Closed Session Meeting on August 9th, and how I proposed to proceed.

VP LEW RICHARDSON: “…and then ah one other thing that had happened that would be a report out was that Director Kinsella stepped down as president, so with the Board’s permission I’ll just continue as Vice President and preside over the meetings until November when the board can do its re, you know, its reorganization, after that time.”

Director Ross: Well we might want to do it before that but yeah fine

VP Richardson: Well if that’s what the board wanted to do that’s fine

LDPCSD Attorney Raymond Carlson: I’m hearing that Bill resigned as president?

Director Ross: Yeah

VP Richardson: Correct

Carlson: Did he resign from the board?

Director Ross: No

Director Afanasiev: No

VP Richardson: No

Carlson: NO? OK

August 20th, 2012 Agenda Item

p. BOARD REORGANIZATION:

Request: By Director Ross – Board reorganization due to resignation of Board President.

Emery Ross is so pathetically transparent. Please consider the following:

1. A new board will soon be installed after the November election;

2. Director Ross has resigned as director once and as president twice. The last resignation as president was recommended by the Grand Jury following an Under Oath interview and admonition not to repeat what transpired during that investigation;

3. Mark Skoien resigned as Vice President on his own volition and has stated he would not chair meetings;

4. Director Kinsella was harshly criticized by the next Grand Jury for his failure to appropriately conduct meetings. Prior to Director Kinsella’s resignation he was criticized in public at the meeting for his activity in the IGM resignation matter and then later resigned during a Closed Session.

5. Please also note that California Government Section 61043 clearly addresses such a situation by stating: “the vice president shall serve in the president’s absence or inability to serve.

61043. (a) Within 45 days after the effective date of the formation

of a district, the board of directors shall meet and elect its

officers. Thereafter, within 45 days after each general district or

unopposed election, the board of directors shall meet and elect the

officers of the board of directors. A board of directors may elect

the officers of the board of directors annually.

(b) The officers of a board of directors are a president and a

vice president. The president shall preside over meetings of the

board of directors and the vice president shall serve in the

president’s absence or inability to serve.

(c) A board of directors may create additional offices and elect

members to those offices, provided that no member of a board of

directors shall hold more than one office.

Note also that this section states the specific time board reorganizations shall take place (45 days of election or annually) which makes sense in respects to the continuity of a board. This helps to prevent unnecessary and repetitive politically motivated officer changes.

(Ironically, Director Ross’s second resignation as president is a perfect example. First he tossed the gavel and resigned in another one of his tantrums but a short while later with the support of Directors Keefe and Skoien essentially voted himself back in as president only to once again resign because of the Grand Jury’s recommendation that he step down as president.

Yes, that makes three resignations from district responsibilities which is precisely how he earned the title:

“RESIGNATION ROSS”.)

Considering all of this, I seriously doubt Director Ross honestly believes (or possibly understands) his proposed reorganization is legal, appropriate or in the best interests of this district and is only playing another one of his childish games for attention and attempted assumption of control while intentionally obstructing district business and progress.

DIRECTOR EMERY ROSS CALLS SPECIAL MEETING (with BOARD REORGANIZATION OF COURSE)

I had been told the new Administrative Office was due to arrive at 0700hrs on August 30th, so naturally I was there a bit early with my cameras and tripods. Naturally the estimated time of arrival was off by a few hours which is understandable considering the logistics involved in moving such structures from Southern California. Which secondary roads would permit safe vertical clearance, prevent traffic bottle necks, were safer, etc.? The details must be carefully worked out with CalTrans, CHP and other related agencies.

Modular installation workers, CSD employees, Pinnacle Emergency Management President Leo Grover, and others patiently waited for the new building arrival. Just a little after 0900hrs what was thought to be a white pilot truck (with an emergency yellow light attachment on the roof) headed up Merced Falls Road from HWY 132, cameras were ready but it turned out to be a false alarm. It was Mr. Ross who simply parked his “emergency light clad” personal truck along Merced Falls Road and he and Betsy headed into the office with paperwork in hand.

Finally just after 0930hrs the building arrived. Once temporarily parked near its future position, the structure sure took the unattractive sting out of our empty depressing lot.

EMERY’S SPECIAL MEETING

The paperwork Emery and Betsy marched into the office that day was a request for a special meeting with a 24 hour notice posted for the public. Emery had sent me a few emails regarding calling such a meeting and I explained why I thought it might be more efficient to wait for other issues and decide them all at once, but Emery persisted with his Special Meeting with his two agenda items: Board Reorganization (changing or assigning positions of President and Vice President) and the budget.

Those customers who received the “Board Packet” (materials in support of requested agenda items) created by Emery and Betsy Ross, received that which is so typical of Mr. Ross:

only half the story as to how events actually unfolded, but I’ll address those matters later.

EMERY ROSS’S AGENDA POSTED

After Emery’s Special Meeting agenda had been posted I learned there was another matter our attorney suggested the Board handle immediately. Since there was a time limit the matter could not wait for the September 17th, regular meeting so I decided (with attorney approval and recommendation) the best way to proceed would be to handle the urgent matter prior to Mr. Ross’s agenda items. (Reorganization/Budget)

The attorney provided the pertinent Government Code section of the Brown Act which specifically authorizes hearing emergency non-agenda items, in this case, a request from a State Department that the Board respond to a claim by a former employee. Simple right? Wrong! Not so simple in Emeryland.

According to Directors Emery Ross and Mark Skoien, hearing such a matter not on the agenda would constitute a Brown Act violation. WHAT? Ross and Skoien refused to hear the matter despite my reading the Government Code Section and repeatedly explaining it was not only permissible under the Brown Act, but required to timely respond to another State Department. I repeatedly advised it was attorney recommended but Ross and Skoien refused to hear the matter.

PECULIAR AND SELECTIVE LOGIC

Both Ross and Skoien remained steadfast in not hearing the attorney requested matter because it was not on the “ROSS AGENDA” but here’s the kicker, another issue which was also late for Ross’s agenda– the potential hiring of a General Manager – was discussed. WHAT?

The Brown Act Section authorizing non-agenda items to be heard is Government Code Section 54956.9. I had inserted the section but as is so typical with legal verbiage it took up 1-1/2 pages, so to shorten this posting and save you some time reading here’s the link to the material if you are interested:

https://lakedonpedro.org/?p=1727&preview=true

Directors Ross and Skoien simply decided not to perform their duty for one issue (former employee), yet proceeded with the second non-agenda item (hiring of a GM) .

DIRECTORS ROSS & SKOIEN believed the attorney’s advice and Brown Act Section authorizing the agenda additions violated the Brown Act?

Both seemed to think one matter was a Brown Act violation (which it was not) but the other matter was permissible because they wanted to discuss it under the same authorizing regulation. Simply, they decided which director duties they would actively participate and which they would intentionally ignore.

The former employee matter was continued to another future meeting but it should be noted that Emery Ross once again, later refused to hear the matter at the September 6th, 2012 Special Meeting citing personal reasons while walking out of the board room – but we’ll get to that later.]

DOES THIS “CRAZY BROWN ACT VIOLATION SUTFF” SOUND A BIT FAMILIAR TO YOU?

Remember when Emery Ross at the beginning of his new term refused to attend a director training class sponsored by a California State approved water organization because he believed a quorum of directors participating in the training was a Brown Act Violation? He apparently learned nothing from Brown Act Training.

Good Heavens. What did Emery think? That these approved training organizations were operating some sort of “Sting Operation” to ensnare unsuspecting directors in Brown Act Violations?

BACK TO EMERY’S SPECIAL MEETING (August 31st, 2012)

Once again Mr. Ross has clearly illustrated his deceptive nature and penchant for misrepresenting the truth of a matter. The material in “Ross’s Board Packet” (which is also provided to ratepayer’s requesting such) in support for his calling a Special Meeting (with support from Directors Skoien and Kinsella) consisted of only one of his differing requests for such a meeting and only my second brief written denial to call a Special Meeting.

As you already know with the recent JLIMBOCKER ATTACK, the “rent a mob” is gearing up with the traditional unfounded accusations and personal insults which are intentionally designed to distract from the business of this district. Gee, wonder why?

There’s a lot going on right now (you wouldn’t believe it) but I’ll try to get back to Director Ross’s August 31st, 2012 Special Meeting farce as soon as possible. Later!

My best to you and yours, Lew

• In answer to your question…..what did I think I saw in this photo?….and how did this image end up with the Hawk photos? Hey lew….answer that yourself. You are a very sick person and why would anyone care to see that? Is this your butt? Are you now going to expose your frontal side now too? I have found out a lot about you after the last board meeting….and it has not been good.

jlimbocker5 hours ago

• Your confusing comment exemplifies what I learned about you at the Lake Don Pedro Community Services District Board of Directors meeting in La Grange, California as well. You consistently remain ignorant to facts then act accordingly with personal insults, rude behavior and spurious accusations. Please be advised there are numerous websites which could cater to your interest in male frontal nudity images, but I do not share your interest or participate in such, good hunting! Lew 🙂

lew9532921 minutes ago

????????????????????????

Folks this is a perfect example of how some of the people around Lake Don Pedro seem to be stuck in a perpetual cycle of ignorance and self denial.

What is so bewildering is the tenacity with which they cling to their obvious stupidity and continually engage in disingenuous activities, all the while apparently oblivious to how foolish and hateful they appear to others.

I really do not understand JLIMBOCKER’s comment because anyone who would take the time to view the video would understand exactly what happened to produce that image. There’s nothing sinister, nasty, obscene or disrespectful there. Good Heavens!

SO:

JLIMBOCKER could not understand the video because?

1. They did not view it and only commented based on what someone else incorrectly told them (this is usually the case with gullible/ignorant people who will believe just about anything if that is what they want to hear)

2. They viewed it only up to the “mystery photo” and became so enraged (or excited) they couldn’t watch the rest

3. They cannot read and only looked at images (“BUTT” even then, there is the clear “OKAY photo” explaining the image – complete with a flashing arrow under the finger crease – what sort of idiot could misunderstand that?

4. They cannot discriminate between a finger and an apparent “human butt”

5. They may possess some physical, mental or psychological challenge preventing normal perception, cognitive interpretation, and truthful expression

Whether this ignorance can be explained by any of the above reasons, or something else entirely, it really doesn’t matter. Any author who writes about things they know nothing about in a public environment only provides a glimpse as to their basic intelligence, integrity, and honesty.

Shame on you JLIMBOCKER!

You are a malicious and ignorant individual who thrives on creating and perpetuating disinformation for your own warped personal interests. The thought of your proposed service to this LDPCSD Board of Directors is repugnant and illustrates exactly why this district continues to suffer – because of hateful people just like you.

LOL

🙂

OK, with that unpleasantness out of the way, for those of you brave enough to view a simple little humorous video that does not contain any indecent photos, images or videos, so as to understand what our resident crackpot know-it-all JLIMBOCKER is erroneously babbling to the world about, here’s the link:

http://www.youtube.com/watch?v=MSrzTKM1vyo

My best to you and yours, Lew