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November 1, 2024
By Brian Hews
In their special meeting today that was illegally called, the Central Basin Board of Juan Garza, Martha, Camacho Rodriguez, Nem Ochoa, and Joanna Moreno defied Government Code and Central Basin Admin Code and removed Art Chacon as President of the Board.
The four also fired Dr. Alex Rojas, who is on paid administrative leave, violating a 2015 California State Audit Mandate and Central Basin Admin. Code.
It was a particularly egregious vote since both Garza and Camacho Rodriguez could be unseated by next Tuesday’s election, and Moreno will be termed out in February 2025.
Violated Government Code
The meeting was illegal because it violated Government Code 54956 which states, “A special meeting may be called at any time….by delivering written notice to each member of the legislative body and to each local newspaper of general circulation and radio or television station requesting notice in writing and posting a notice on the local agency’s Internet Web site, if the local agency has one. The notice shall be delivered personally or by any other means and shall be received at least 24 hours before the time of the meeting as specified in the notice.”
According to documents obtained by LCCN, the agenda was sent out at 2:30 pm yesterday for today’s 1:00 pm meeting, violating 54956. In addition, LCCN is the adjudicated newspaper for the City of Commerce and did not receive the notice via email as required by 54956.
Violated Central Basin Code
The calling of the special meeting also violated Central Basin’s Code under Article 3, section 3.3, Duties and Role of Board Officers.
“The President shall: (1) Preside over all meetings of the Board. (i) Have final approval on the contents of the agendas for all regular, special, and emergency meetings of the Board.” Chacon was not asked to approve the November 1 agenda.
Article 3 of CB’s Admin Code clearly states the president has final approval of all agendas, yet Ochoa, Moreno, Garza, and Camacho are ignoring the Code and holding the meeting.
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Amend the Code to Fit the Crime
An item on the agenda is evidence that the four board members, along with attorney Victor Ponto, know the meeting was illegal; in a blatant attempt to justify their move, the item amends Article 3, section 3.3 Duties and Role of Board Officer.
Item 5B states “Consideration to amend Central Basin Water Water District Article 3 related to the approval on the contents of the agenda for all regular special and emergency emergency meetings of the board.”
But when an amendment is made, it does not apply to actions prior to the amendment, the action to remove Chacon was item 5A.
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Illegally Fired Rojas
After the debacle between 2011 and 2014, a 2015 California State Audit mandated that if the board wanted to fire the CB GM it needed six votes.
At today’s meeting only four CB Directors were present.
In addition, Rojas’s personal employment contract mandated a 7/8 vote of the board, which is also six given the current board configuration.
Yet Garza, Camacho, Ochoa, and Moreno fired Rojas.
Perhaps the group justified the move because the Los Angeles County District Attorney’s Office is investigating CB and has ordered the agency to turn over recordings and meeting minutes from 2020 to March 31, 2024, the four-year period during Rojas’s tenure.
Yet no CB board meeting videos exist during that time period.
Perhaps it is the August 2022 indictments alleging money laundering, bribery, perjury and embezzlement. Rojas has strongly denied the allegations. In 26 months, the case is still pending and has not progressed past the initial arraignment “because they have no proof,” said Rojas.
Or perhaps the financial examination by CRI that alleged certain violations, all denied by Rojas, and found no money missing.
Regardless, through the entire process, the board has been advised by attorney Victor Ponto, who himself has an rule-violating track record; somehow ignored by those CB Board members who seek his advice.
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Former CB GM Tony Perez was illegally fired and won a $1 million settlement against the agency. Former GM Kevin Hunt recently secured a $200,000 wrongful termination settlement.
It is certain that if the Board goes through with today’s actions, Rojas will be suing CB, Ponto, Ponto’s law firm Burke Williams Sorenson, and individual directors for wrongful termination.
But unlike in past years, there is a mandate if Central Basin Board members individually cause any lawsuits that, they must pay for their own attorneys.
Questions into the board members went unanswered at time of publication.
