Eye On Modesto

Thoughts and observations about Modesto and Stanislaus County

Archive for the tag “tom van groningen”

Deceiving the Public MID Style

[CALIFORNIA-A-0023] Don Pedro Dam

[CALIFORNIA-A-0023] Don Pedro Dam (Photo credit: waterarchives)

By Emerson Drake

MID has come through some very turbulent times. They had an iron fisted General Manager in Allen Short and until last year MID’s Board of Directors was a rubber stamp for his misguided dictatorial policies. Unfortunately it is the public that has been required to foot the bill. Here is an example of what has gone on during the last year of Allen Short’s reign.

Some Background

Back in 2010 the Board allowed GM Short to create a policy know as  Resolution No. 2010-35. This resolution, when combined with Purchase Order 54981 to Martino Graphic Design (MGD) for a total of $450,000, effectively created a slush fund using Joy Warren as Regulatory Administrator for control.  The original purpose for this fund included concerns about regulation concerning the delta, greenhouse gas, state regulations, and a euphemistic “improve the image and credibility of the district.”

But through a series of phone calls leaving no paper trail, the Resolution was bastardized and at least $148,000 went, utilizing “creative descriptions,” to a series of players/vendors to be used to create a false image of the potential water sale to the general public.  It’s my opinion this was done by nefarious design to make tracking the money and proving where it went  difficult, if not almost impossible. At least one recipient of the slush fund (Janice Keating) spoke before the Board claiming to be a private citizen while others  recruited “politicos”, both politicians and wannabee’s to speak in favor the sale thus attempting to create a false impression using testimony for hire to fool the media and the unsuspecting public.

The Key to the Code

Throughout the year I submitted multiple formal Public Information Requests and queried the MID Board in a variety of ways during meetings, trying to get to the bottom of where the money was going .  But MID’s staff, management, and attorney, refused to provide any real answers other than the veiled documents themselves.  Finally on December 18, 2012 after a tumultuous MID Board meeting, Modesto Bee Reporter Garth Stapley was given the key to the code by a MID staff member to decipher the Martino Graphic design invoices. His story is here with the relevant information on page two.  http://www.modbee.com/2012/12/18/2500794_p2/raises-okd-for-modesto-irrigation.html 

Unfortunately, Garth only broke down the current invoice totalling $48,500, instead of the entire amount of $148,000 billed in 2012, despite being in possession of the earlier invoices MID already paid to MGD.  We know he had the earlier invoices because I sent them to both Garth Stapley and to Judy Sly many weeks earlier in an attempt to get them to write a story about what was going on.

Money was laundered using Martino Graphic Design as a middle man. The plan was designed to allow MID to make the claim, which they did, of having no contracts with those receiving the money and as such did not know where it was going.

Here is the Breakdown as we Know it Today

During the year 2012 under the guise labeled Outreach and Transparency, Janice Keating took $28,000.  Under Communications Services Mark Looker took $28,500 and under Consulting,  Mike Lynch took a whopping $52,500.   For their part in this ruse Martino Graphics Design pocketed $29,000.

In a recent Public Information Request response MID stated “NO money has been given to Janice Keating or Mike Lynch  for the last THREE years.”  The same PIR showed Carol Whiteside had only received $1,500 dollars to her or her company, California Strategy, in the last three years when the actual total to Ms. Whiteside  is almost $30,000.  In a follow-up conversation with Asst. General Manager Lou Hempel,  he stated “after checking I show no money other than the $1,500 to Carol Whiteside’s California Strategy’s has been paid to any of the three in the last six years.”

MID used ratepayer’s money deceptively to create a false impression in the public’s mind in order to sell water we don’t have in order to hide the financial mismanagement that has been going on for many years. It would be my suggestion this type of paid testimony has been going on for years. Unfortunately only an in-depth investigation by knowledgable persons would discover what has been occurring.  Several members of staff including Joy Warren, took an active role in this, what can be described at best as a legally questionable  tactic. No effort was made by staff including the General Manager to inform the Board members,  yet by their own admissions during public meetings, Directors Tom VanGroningen and Glen Wild were willing participants to the deception.

MGD did create a few flyers, stickers, and handouts but these were billed separately and at much smaller costs  to the same PO number. MID  Board Agenda Report from their December 18, 2012 meeting was filled with deception and what can only be described as political spin trying desperately to paint a false impression to anyone who hadn’t been following their exploits for the past year.

Did you know MID is still paying former General Manager Allen Short his regular pay through October of this year despite him having left back in December?   You do now.   Are you wondering why there was a $60,000  investigation conducted by the personnel department at the end of last year?  Maybe you should be.

“What’s on America’s Mind” Wednesday at 7:00 PM

Radio RED 104.9 FM

Topics include a conversation regarding the Modesto Council meeting, another Modesto Economic Development  Committee meeting, MID the water hike and the hidden costs, the City County Liaison meeting,  LAFCO vs Salida vs Beard Industrial Tract,  these and more so tune in at 7:00PM Wednesday and find out the things you really  need to know.

104.9 FM Modesto our Flag Ship station

Live and in our archives at the following link.

http://www.blogtalkradio.com/centralvalleyhornet/2013/02/14/whats-on-americas-mind-with-emerson-drake

“What’s on America’s Mind” Wednesday 12/19 7:00 PM

Radio RED 104.9 FM

Topics include: Money laundering by Allen Short, Tom Van Groningen, Glen Wild, and  Deceptive business practices by the MID’s Joy Warren, How the Workforce Alliance spends your money, Is Modesto’s Ruling Class Immune to scrutiny, the Salida Ad Hock Committee meeting you haven’t heard about, On line balloting, the Newton Ct. shooting, Cat Killers Reed and Sumner and the progress on the Protective Animal ordinance, all this and more Wednesday night at 7:00 PM

We can be found here live or in our archives: http://www.blogtalkradio.com/centralvalleyhornet/2012/12/20/whats-on-americas-mind-with-emerson-drake 

104.9 FM our Flag Ship Station

Our call in number is 347-215-9414

For news you can use,

You won’t read in the Bee,

It’s Eye on Modesto,

Spelled E Y E

 

Money Laundering, payoffs, Just Another Day at the MID

English: A picture of two dual-circuit power l...

By Emerson Drake

Did you ever watch someone with a gambling disease?  They keep raising the bet hoping for the  payoff that seldom if ever comes.  The hole gets deeper and deeperand sooner or later they have to pay the piper,  and that’s what is happening at the MID. 

For years they’ve been getting away with murder by doing whatever came to their minds ( The TANC project, Geo thermal energy to name two losers) flaunting public opinion but when the proposed water sale to San Francisco came around the opposition became formidable.  First the public had been aroused last summer before and  during the MID elections.  Then the Board changed getting two new members, Larry Byrd and Nick Blom. And suddenly during January of 2012 GM Allen Short, and Directors Tom Van Groningen, and Glen Wild realized they needed additional support,  reinforcements if you will.

The reinforcements came in the disguise of Martino Graphics. Allen Short found an expired purchase order that could be twisted, at least if you squint real hard, to assist in their determination to sell MID’s water through an unfavorable contract. So the “Three Caballeros” with the assistance of a MID staff member started funneling money, laundering if you prefer, through Martino Graphics to a local lobbyist, Mike Lynch, and at least one other shill named Janice Keating.  Janice a former Modesto Councilwoman, spoke publicly to the MID Board pretending to be a private citizen concerned about the water transfers, but in reality we know she spoke as a paid shill, someone who pretends to be an innocent bystander but is paid by the house to manipulate the crowd and public opinion. Mark Looker was also a recipient of their largess.

In an enlightening flash MID finally, after more than six months and multiple requests, including Public Information Requests,  after Van Groningen publicly stating they had no contracts with anyone other than Martino, and had no idea who Martino had contracts with, they have finally admitted Martino had subcontracts with Mike Lynch, Janice Keating, and Mark Looker.

Since January of 2012 MID has spent over $99,000 with Martino Graphics under the expired purchase order #54981 and is now requesting another $49,500 all in a failed effort to change your mind about the water sale to the San Francisco Public Utilities District.  The original intent of this purchase order was to have a fund to work/lobby  legislators over water and electric issues. You remember,  like the one to allow large hydro generators to be classified as “Green”.  Yet they didn’t bother to use it for OUR benefit ( a green designation would have held down the cost of electricity) they used it to promote a failed, water wasting idea they couldn’t let go of.  We’ve seen this in the past with the likes of the TANC project where Short spent between $3.5 and $5 million dollars before  the plug was pulled, all thanks to Allen Short’s obsession with being in charge, Van Groningen’s willingness to be led around by the nose and Glen Wild’s subservient way of saying “which way should I vote?” to Van Groningen. They remind me of three elephants walking in file, the latter two holding on to the lead elephant’s tail by their trunk.

Ask them to actually quantify and break down what Martino did to earn the money instead the sweeping obfuscations of reality they provide and they can’t.  An examination of the purchase orders, which wasn’t provided but EOM  has made available in the past, reveals the same generic charges month after month while providing no real substantiation of work.

The following pdf link provides a glimpse into the twisted cover-up mentality staff uses to provide Allen Short, Tom Van Groningen and Glen Wild a spider hole to crawl into under the glare of public examination.

121812BoardAgendawithAttachments

Pages 116 -130 are the ones discussed in this article.

If you choose to dive further into the MID cesspool we can talk about the contract the MID Board gave to George Petrulakis allegedly to facilitate in the meetings between Modesto and the MID Board. Mr. Petrulakis was paid:

$28,852.50

  But since they only held only one meeting and George  gets paid $415 per hour what else did he do for the Board to justify his 69.39 hours of work?  Can you say lobbying and influence pedaling or did he provide inducements to others to go in front of the MID Board and endorse the water sale?

Then there is MID attorney Tim O’Laughlin who as a going away present is requesting a payment of $146,250.89. These are a total of his invoices from November and December and it isn’t his last bill there is at least one more coming. MID the gift that keeps on giving.

You have to walk away shaking your heads wondering where the closest bathroom is to wash your hands. But we need to resist that impulse. We need to dig down deep to get to the bottom of the MID barrel to rid ourselves of ALL of the rotten apples.

 The next MID meeting is at 9:00 AM Tuesday Dec. 18th.   As with all parties it’s BYO Pitchforks and torches lynch ropes are optional.

You don’t want to be late, it’s the best show in town.

“What’s on America’s Mind” Wednesday at 7:00PM

Radio RED 104.9 FM

Radio RED 104.9 FM (Photo credit: Mahdi Ayat.)

 

 

 

 

 

Topics include a recent conversation with Modesto’s Mayor on the Salida annexation, What the public needs to remember from the Del Rio well proposal, an up-date on Modesto’s Cat Killers (yes we have at least two), MID’s latest budget and what you don’t know about 503 (C)(6) ‘s This and a Happy Birthday salute so don’t forget to tune us in.

To listen Wednesday night at 7:00PM or in our archives anytime

http://www.blogtalkradio.com/centralvalleyhornet/2012/12/06/whats-on-americas-mind-with-emerson-drake

Our Flagship station 104.9 FM

Bill Bassitt Stretches the Truth for a Larger MID Contribution

[CALIFORNIA-A-0021] Don Pedro Dam

[CALIFORNIA-A-0021] Don Pedro Dam (Photo credit: waterarchives)

By Emerson Drake

The newly appointed members of the Water Advisory Committee were introduced at yesterday’s MID meeting.  But you have to wonder if TomVanGroningen is starting to slip just a bit.  He introduced Richard Ulm, the City of Modesto’s choice, but “forgot” to offer him an opportunity to speak.  He made a point of allowing everyone else an opportunity.  Well, maybe except his own appointee who he failed to introduce for several minutes. He eventually went back and allowed his man the opportunity to be heard but never allowed the City appointees an opportunity.  We’re seeing slips like these more often in recent months along with his occasional volcanic outbursts of temper.

During public input for the good of the District, I suggested to the Board  they needed to investigate the way Allen Short, Tom VanGroningen, Glen Wild and apparently willing accomplice Joy Warren (Ms. Warren with Short signed authorizations for $90,000 plus  on expired Martino Graphics payments) laundered money through Martino Graphics.  I also asked that they please  explain “exactly” what the money was used for.  I also reminded them of the $28,800 they paid George Petrulakis for facilitating the only meeting between the City and MID regarding the potential water sale.  There has to be more to the story but the Board, to this point, has refused to authorize an investigation into this apparent misappropriation of funds.

If MID continues to stonewall inquiries in these regards it appears it’s time to attempt to get either the  District Attorney (which at this point isn’t likely) or the Civil Grand Jury to investigate where the ratepayer’s money has gone. Although I believe our local Civil Grand Jury politically protects a chosen few, it would seem to be our only recourse.  In the future when Tom Van Groningen and Glen Wild are gone, maybe we can discover who was behind the cover-up.

In a prior article I wrote about the $210,000 for the 2nd floor’s carpet which comes to  $61.76 per yard and the $30,000 for two desks and a counter for outside Short’s office along with an ice machine which for $8,000, you would think has a flat screen and Internet access! https://eyeonmodesto.com/2012/09/24/people-1-mid-0-in-best-of-7/.  This was straight from a MID Budget workshop meeting. Director Byrd questioned the carpet and desks but didn’t include the ice machine which, according to professionals I contacted, is extremely overpriced.  And while I agree with Director Byrd about the GM’s car I didn’t write about it at the time.

                        How the Dust Up / Van Groningen’s Meltdown  Began

At the beginning of the budget discussion Director Van Groningen used his authority to bump Bill Bassitt from the Workforce Alliance to the front of the discussion.  Mr. Bassitt was there to request a donation of ratepayer money (although he didn’t describe it that way) for his organization. During his talk, which wasn’t timed like the rest of the public, and in the response to a question, he made the claim that the Oakdale Irrigation District was donating $10,000 to the Alliance this year.  Having been to the OID meeting last week, I knew they hadn’t donated $10,000 in several years, but I wasn’t allowed to ask a follow-up question of Mr. Bassitt who left the proceedings 5-10 minutes later.

What I don’t understand is the way, especially at MID, the public is treated like children who don’t know anything. When I had the opportunity to speak 20 minutes or so later I took the opportunity to point out the obvious discrepancy in donation figures and mentioned the Alliance’s budget isn’t completely available on their website.  After I sat down Tom Van Groningen pulled one of his favorite CHEAP SHOT  TACTICS.  Tom waits for you to sit down so he can launch a diatribe against you when you can’t respond without being gaveled down for being out of order.  Tom’s blood pressure jumped and he started raising his voice claiming I was wrong and he wasn’t going to stand for it.  Well he didn’t stand for it because he remained seated.

So yesterday afternoon I talked with someone from the Alliance and arranged to speak with someone more informed from there this morning.  Not surprisingly after a few questions Bill Bassitt came on the line.  First we talked about the Alliance’s Budget.  It is actually at least three budgets.  Of course, like asking questions at MID, you need to ask the question exactly the right way or you won’t get the real answer.  it took several follow-up questions to find out about each of the two additional budgets.  One is available on-line at their website http://www.stanalliance.com/. He says another is with the County and that he would make it available to me.  I offered to make a Public Information Request with the County but he said it wasn’t necessary.  At first he said the third budget they have is quarterly. but then he said they change it monthly and that it wasn’t available on-line but that he would make it available to me too.

Then we discussed the OID donation.  At first he stuck with the $10,000 claim. When I explained that wasn’t accurate he then claimed they donated $10,000 last year.  That, I told him wasn’t accurate either. Then he said he thought about mentioning the Kaiser donation (where that came from I have no idea) and thought better of it.  Kaiser hasn’t made up its mind for this year he finally acknowledged.  I reminded him it had been several years since OID donated the claimed $10,000 and they had cut the number to $5,000 then to $2,000 last year.  This year he  requested a four year commitment but they declined. One year at $2,000 doesn’t add up to $10,000 any way you try to spin it.

So Director Van Groningen you owe me an apology for the claims you made against me.  But I don’t expect one since we both know the kind of man you are.  And if you want to donate $20,000 to the Alliance please do it from your personal account and not that of the ratepayers.

  One thing I do want to clear up is that I misspoke when I addressed the Board when I said they had all voted to pay the Martino  Graphics invoices.  Director Byrd was the lone hold out and I didn’t get the opportunity to correct my mistake.  So Director Byrd I apologize and will do so again at the next MID meeting I attend, when on the record, I can correct my mistake.

Comparing Our Board to Theirs is an Insult Says OID Board Member

Welcome to Oakdale

Welcome to Oakdale (Photo credit: jurvetson)

By Emerson Drake

Comparing our Board to theirs is an insult were the first words out of  Oakdale Irrigation District (OID) Director Jack Alber’s mouth when I met him.  I didn’t take offense, since to that point I hadn’t said anything, while it did show they were concerned about the public perception of them.  But I will compare the experience of going to a OID meeting for the first time with their counterparts at the MID.

The Board room is in the back of the building and is between the sizes of the StanCoG and MID Board rooms. Everyone was friendly (although they didn’t have any coffee available) and you weren’t met by an armed guard the way you are at MID. The OID Directors sit on the right side and staff sits across on the left. Their attorney, Tim  O’laughlin, is on the end sitting sidewise and closest to the public.  At OID meetings O’Laughlin makes nice with all of the Directors, unlike the dour, impatient attitude he displays at MID (maybe because he lost his million dollar a year gig at MID?)  There are about three rows of seats  with a bench the width of the room in the rear.

The meeting started out amiably enough with O’Laughlin receiving a “revised hourly rate” on the consent calender (a public information request was made for the contract.) The meeting started to get interesting when a discussion of Trinitas LLC buying into the district came up.  Trinitas is offering to pay $2,600 an acre to buy in and $60 per acre foot for water.  On top of this their potential contract says they will be forced to pump water from their wells on dry years.

Apparently Trinitas has set the going rate for the buy in and for water rates  for future farmers to join the District. An owner of Hofstra’s Dairy reminded the Board the proposed water sale amount is the same his farm is hoping to purchase and it is more beneficial if the water is kept locally. The Trinitas proposal was referred to LAFCO for approval.

The next question they wrestled with were their obligations on the Garr Pipeline.  Somewhere in the past they assumed ownership of the Garr and now it needs extensive repair. It needs about $400,000 in repairs and generates $1,200 a year in income (but they don’t want me to compare the two districts boards.)  This was sent to counsel (O’Laughlin) to see if it would set a legal precedent and just how far their potential liability goes. Needless to say in the past someone annexed a pig in a poke.

The Stanislaus Economic Development and Workforce Alliance donation was next.  OID used to donate $4,000 yearly but in these hard times has cut back to $2,000 a year.  Now Bill Basset is looking for a four-year  committment and the majority of the Board was unwilling to make it. Bassitt has already made a presentation to the OID Board but they were concerned about OID’s future and decided to make it one year and $2,000. 

MID on the other hand is considering a $20,000 a year committment and Bassett hasn’t bothered to show up at their meetings to make a presentation. MID just loves to spend our money,  ratepayer money.

Then came the headline discussion regard ing the potential water transfers(sales) to San Francisco. It was made known very quickly the Board had no information other than what they had read in the Bee.  But that was somewhat disingenuous since Tim O’Laughlin had the proposal in his hands. They just wanted to keep the public in the dark for another two weeks.  But having seen the ludicrous longtime binding contract MID was asked to sign, forewarned is forearmed.

During the discussion Denise Hanlan, a Oakdale resident addressed the Board and asked questions about the water table levels in Oakdale.  In a move that would make Tom Van Groningen proud, Director Frank Clark gaveled her down.  He pounded the sound block and mover onto the rostrum  and finally progressed to his fist to silence her saying she was out-of-order. All she was doing was addressing an item on the agenda which is her right. Ms. Hanlan asked for a little civility but Director Clark wasn’t in the mood.  Former Mayor Pat Kuhn suggested he might have been a little harsh and reminded the Directors they were only stewards of the resource and not the owners.

OID makes its money through wholesale electric sales from the Tri-Dam Project.  They sell between $10 and $12 Million yearly depending on the price of electricity. Next year they expect to make $10 M and with a budget of approx. $12 M they will be using $2M from their reserves which will still leave them with more than $10M.

Here’s an interesting comparison.  MID’s annual budget is about $440M mostly in electric costs. They keep aprox.$100M in reserve ever since their bankers started to complain about the low reserves and lowered their bond rating (MID has since raised their reserve level and the Bond community adjusted their rating upward.) OID on the other hand has $41.9M in reserve right now.

So MID has one-quarter of its budget in reserve and OID has almost four times its annual budget in reserve.  Who is more fiscally responsible?  OID.  I don’t believe they’ll mind that comparison.

The bottom line is when it comes to the potential water sales  it’s all in the contract and we’re going to have to wait and see just what it says.  We’ll be visiting the OID again to follow-up on their decision.

There are several different stories in publications of the Modesto Bee and the Oakdale Leader and I’m going to give both addresses. But first I’m going to post a comment made in the Bee by Theorvii which provide the background details some might find interesting.

By Theorvii

JUST THE FACTS – OID gets an allotment of 300KAF from New Melones – shares the first 600KAF into New Melones with SSJID. Take for instance this year – OID used approximately 233KAF of their 300KAF allotment – 67KAF remaining. OID has made efficiency improvements from their previous sales such as regulating reservoirs and the Rubicon system from Australia.

GM Steve Knell came from the Imperial Irrigation District where their water comes from the over-committed Colorado River System. He once said that IID conserved more water in one year then OID had allotted to them. Add Trinitas @ 25KAF and that number becomes 258KAF for this year. Still 42KAF remaining. 

Unlike MID & TID who carry any excess over to the next year because they control the Don Pedro Dam, New Melones is a Federal dam controlled by the Army Corps of Engineers and the Bureau of Reclamation and the waterbank account goes to 0 (zero, zip, zilch, nada) on November 1 each year. All dams need to be at 70% capacity by November 30 to allow for flood control requirements by the Bureau of Reclamation. The FEDs can use the leftover 67KAF from this year any way they choose and OID has no recourse. 

OID still has others “outside the district” that want to be annexed as well – it’s just now the price and conditions are a known entity. The Board said on Tuesday that they will consider those annexation requests as well and possibly move forward at LAFCO after February when they expect to go with Trinitas. They may incrementally “eat up” their excess water through annexation. MID & TID CANNOT annex because they are tapped out to capacity by the Raker Act. Otherwise they would have annexed the “Westside” of Stanislaus County – west of the San Joaquin River. 

The one area of the county that is still in play is the Paulsell Valley – the east end of Claribel Rd., Warnerville Rd. and south of Dry Creek to Modesto Reservoir sandwiched between Crabtree Rd. and the Hazeldean/Tim Bell Rd. area. A lot of former rice ground and grazing lands converted to trees. Kind of a “No Man’s Land” between MID & OID. 

The only other area asking is north of Woodward Reservoir and that could only be serviced potentially by Stockton East or SSJID via Little Johns Creek or Shirley Creek. Don’t expect it to happen – but those are the most likely scenarios. Rock Creek Water District does not have the capacity in Salt Springs Valley Reservoir or the conveyance south of Highway 4. One wild card for the northern part of the county is the Calaveras County Water District who has been sniffing around Salt Springs Valley using it as a conveyance for potential ag water into western Calaveras, northern Stanislaus or northeastern San Joaquin county. Still very much a concept on paper without the dollars behind it to make it a reality.

OID also has a plan – since 2008 – and they have followed it. That being said, Director Bairos also commented Tuesday that they will need to dip into their reserves for approximately $2 million in the 2013 calendar year to balance their budget. The key is that they actually do have a “reserve account” and have allocated money and water for a drought or rainy day – whichever connotation you want to use. 

Not saying I support the proposals (Brisbane or the hypotheticals being thrown out on CCSF.) I am VERY well-versed on both the MID and OID proposals. Brisbane approached TID & MID before contacting OID and was rejected.  I caution the public to not get the cart before the horse and wait until the facts come out. If it is the same enslaving contract as MID was considering, I have the utmost confidence that the OID Board will vote at least 3-2 to kill it with Alpers and Clark possibly supporting a sale.  Clark is more likely to oppose then Alpers at this time.  But Alpers is also not going to jeopardize the district for a couple of million dollars.  STILL TOO MANY UNKNOWNS TO REALLY SPECULATE ON SF!

Also forgot – OID’s previous spills to MID used to be about 15KAF – their latest inventory was approximately 8KAF in 2012.

 
A better article to read than the Bee’s is at http://www.oakdaleleader.com/section/44/article/9249/ 
 

 

 

 

“What’s on America’s Mind” Wed 11/21 7:00PM

Français : Radio Contact 104.9 FM

Français : Radio Contact 104.9 FM (Photo credit: Wikipedia)

Topics include a feel of an Oakdale Irrigation District meeting and its participants, An update regarding Salida’s potential annexation by Modesto, Memorial Medical Centers attempt to keep the Nurses Union out and how it reduces The quality of healthcare , an election update and more so listen in live or to our archives at the same link.

Wednesday 11/21/12 at 7:00PM

http://www.blogtalkradio.com/centralvalleyhornet/2012/11/22/whats-on-americas-mind-with-emerson-drake

104.9 FM K-GIG Modesto our Flag Ship station

Some Suggestions to the MID the Bee Finally Got Around to Liking

Two hangman's nooses and gallows behind the co...

By Emerson Drake

I’ve been going to MID meetings for more than six years, writing about them for just short of five and been talking on the radio about them for four years in February.  During that time I’ve consistently made some suggestions hoping they would be implemented. But honestly, they haven’t gained any traction until recently.  Others have joined me in making these requests from time to time, and I’m not trying to claim the ideas were all mine.  During Mike Serpa’s time on the MID Board we had someone who cared, but one person on the Board couldn’t  get anything on the agenda (unless your name was Tom Van Groningen or Allen Short) let alone manage to create real change in the way things were done, no matter how hard they tried.

Even with the addition of Directors Larry Byrd and Nick Blom it took ten months to get to the point of generating and possibly passing some out of the box ideas (for MID) that other public entities have been utilizing for years. MID does place their agendas on-line but they remove them before the next meeting, never to be seen again without a Public Information Request and most of those are drawn out to the legally  mandated limit of 10 working days at best even when the information is readily available. They also seldom place supporting material on-line linked to the agendas like other public agencies do.  See the City of Modesto’s website as an example of doing things the correct way.

The Board’s policy is to destroy the electronic records of the meetings 100 days after the meeting. I’ve never understood this policy especially since they wait until AFTER the records are destroyed to approve the minutes. The October 21, 2012 agenda shows them approving the minutes from 6/23/12, a delay of 120 days.

We’ve asked the Board repeatedly to preserve the records and place them on-line along with streaming the video live. They’ve consistently refused to seriously consider any of these suggestions.

As recently as last week I once again repeated the request for separate email addresses for the Board members that the General Manager wouldn’t be privy to. Why should he or his replacement be monitoring a Board member’s communications?

The MID’s Purchase Orders process needs to be better defined. Here is the part of the resolution staff has been willing to share. Director Van Groningen brought the above to me for one of our private meetings and I don’t know if he shared it with the rest of the Board or not.  A complete copy will be handed out  to the Board on Tuesday at the scheduled meeting.   This is what he/staff  provided, a partial of Resolution 2010-35.

3.Contract Purchase Order 54981 issued July 2010 states that it is effective through December 31, 2011.

This PO is for services to “Refocus and Enhance Public Education and Information Services per Board Resolution 2010-35.”  These services included a variety of consulting activities through subcontractors retained by Martino Graphic Design with MID’s approval.

This Project was undertaken at the direction of the Board in accordance with the referenced resolution, stating as follows:

The Board of Directors of the Modesto Irrigation District does hereby authorize and direct the General Manager to continue implementing legislative and regulatory activities to further the goals and interest of the District in State and Federal jurisdictions, including…7.  Implementing a program to improve the image and credibility of the District with is ratepayers.

As an example Staff currently believes after reading the above  Board Resolution 2010-35

  • Based on the foregoing resolution, the General Manager clearly would have had the authority to make expenditures under this PO, and to extend the time and not-to-exceed value of the PO;

In other words they (Short’s staff)  support the idea the GM can not only indefinitely extend a purchase order time limit but that the not-to-exceed value is meaningless and the GM is given Carte Blanche or an open checkbook, if you will.

 I don’t believe that’s what the true meaning of the resolution is and  I haven’t been able to read the entire resolution due to their foot-dragging response to Public Information Requests. But that is the portion the quote as applicable.  These aren’t the General Manager’s private monies, they are ratepayer supplied funds. We deserve a staff who believes in responsible controls, a staff who won’t create verbage to support the GM’s desires and lacking that,  the Board needs to provide unquestionable guidance and  a promise of a dire consequence when its instructions are flaunted. An area in the past where they’ve fallen woefully short.

GM  Short’s staff may be trying to create an “out” but in my opinion it’s  an inappropriate use of money  that cannot be overlooked or swept under the rug.  How many other occurrences of this type of malfeasance in office have taken place?

The phrase “Not to exceed” on purchase orders means what it says. It doesn’t mean spend however much you want.

We want to thank Directors Byrd, Blom, and Warda for pushing these ideas to the forefront.  Now lets bring them home.

In Sunday’s Bee, Judy Sly finally gets around to agreeing with many of the items we’ve been suggesting for years.  Thanks for getting on the “Band Wagon” Modesto Bee, now help us follow through with the rest of the many, much-needed changes.

Next Agenda Holds Promise of Transparency at MID

Lady Justice revisited

Lady Justice revisited (Photo credit: Scott*)

By Emerson Drake

The items on next weeks agenda range from allowing Board members greater access to both staff and records to possibly placing Board meeting recordings on-line for the public, who can’t make the meetings to view.  To those who are familiar with the MID, these are amazing possibilities.

When Mike Serpa was elected, we had a member who asked the difficult questions and received very few answers.  He was stonewalled by the MID’s own  attorney Tim O’Laughlin and Allen Short made life as difficult as possible. General Manager Allen Short made decisions regarding what material the Board members were allowed to access and prevented any questions from being asked to staff without his permission.  You might ask why they implemented these draconian measures and did they affect the rest of the Board members. The reality is the most of the Board had been acting like bobble head dolls in the rear window of a car (nodding yes) and took Short’s word regarding most MID policies.

But Director Mike Serpa has never been one to just roll over and  agree without substantiation. So when he started to ask questions he was demonized by Short and Van Groningen.  Soon there after Bee Editor Judy Sly jumped on the band wagon and wrote several times about this issue. When Mike Serpa ran for reelection Ms.Sly trotted out this old bugaboo again and helped to defeat him.

So after the “Serpa rule” was passed, if elected Board members had questions regarding policies, all  GM Short had to do was say it was going to require too much staff time and to override him it took a majority of the Board members to request it. I don’t remember a single time Short was over ridden by the Board when this  “too time-consuming” ruling was made in Mike Serpa’s direction.  I have requested a copy of Board Resolution 2000654 but if the MID track record holds true I doubt I will see it (if I see it you see it)  before the Board meeting next Tuesday.

Next is the dotted line between Board Secretary and Allen Short and the Board members.  Short has two secretaries of his own sitting  outside his office but somehow he’s managed to commander the Board’s secretary.  Personally I think it’s kind of funny/sad that no Board members have a MID email account.  All “Board emails go to a central account where the Secretary prints them out and gives them to Short who decides how to handle them.  Even when addressed to specific Board members the emails aren’t given directly to them. They receive them after the fact so to speak.

So why does the Board’s Secretary report to Short? Can you say control?

No wonder Board members, at least three of them, want to discuss this.  In years past,  two of the now retired Board members bragged they didn’t own a computer some of this could have been a help but instead of going through Short with their emails even his buddy Van Groningen employs his private email instead of utilizing one at MID.

MID records dvds of all of their meetings but has a policy requiring destroyed them after 100 days. The policy defines these recording as: for the use of the Board Secretary to provide accuracy in the creation of the meeting’s minutes. They are adamant the recordings are not public records.  I know because I tried, through Public Information Request to gain access to the recording when the 100 days expired and they were going to destroy/ dispose of the dvd. The response I received from MID’s attorney was: ( if we gave them to you they would be public records and then we couldn’t give them to you) talk about convoluted logic.

Would anyone be surprised to discover the MID Board approves the minutes AFTER the recording is destroyed?

We (myself and several members of the public) have been asking for the Board to save their recording physically and on-line for at least 6 years to no avail. We’ve also been requesting them to keep agendas and supporting documents available on-line but haven’t been able to find sufficient support on the Board until now.  The Stanislaus County Board of Supervisors keeps agendas and supporting documents available from 1993 and Board videos are available from 2006.  Don’t you think  the MID Board should start IMMEDIATELY?

During my last meeting with Director Van Groningen, he mentioned he would request an audit if fellow Board members deemed it necessary.  When he brought it up to the Board he phrased it to suggest only a few thousand dollars might be found at great expense.  I reject both premises. The misuse of both the  NON Purchase order process and the Purchase Order System is a great concern.

Purchase Order #54981 was used to spend $127,000 AFTER it expired and in an egregious abuse of the NON-Purchase Order process to attempt to funnel $24,000  ($6,000 in pending checks written but not sent) to Martino Graphics. Somehow Allen Short and Tom Van Groningen along with Glen Wild got together and decided to spend ratepayer money on their own agenda without discussing it with the rest of the Board. There are still $9,000 spent but not accounted for.

Using a second party (Martino Graphics) to disguise money being given to a lobbyist working behind the scenes utilizing local politicos to convince local officials  on the water sale issue is wrong, and if it is shown, anyone who participated should be held accountable.  We can’t even access contracts to lobbyists because they use Martino Graphics to hide their involvement.

I would like to be able to fill you in on the letters from Escalon and Oakdale but MID as usual is dragging their heels on  even simple Public Record Requests.  They prefer to supply Judy Sly at the Bee with confidential memos and  letters since she’ll publish MID propaganda rather than someone in the public domain who will hold their feet to the fire.

It is time for the MID Board to accept the need for accountability. Directors Byrd, Blom, and Warda are pushing  forward so lets support their efforts. 

Gentlemen I thank you as do ALL of the MID ratepayers.

 

Post Navigation