Central Basin Sends Unauthorized Letter to AG in Attempt to Keep Appointed Members Who are Termed Out

February 24, 2025

By Brian Hews

Desperate to keep their majority, Central Basin (CB)  Board Members have made the “decision” to send an unauthorized letter to California Attorney General Rob Bonta asking Bonta to opine on altering AB 1794,  a bill authored by Christia Garcia and Anthony Rendon,  to allow two appointed board members, Nem Ochoa, and Joanna Moreno, to remain on the board even though their terms have expired under AB 1794.

Replacements for the two should have been chosen and ready to take their seats this Friday, February 28.

The letter, penned by CB attorney Victor Ponto, was not included in a CB regular board meeting agenda for discussion and voting. Instead, certain board members “provided direction” to send the letter to Bonta, bypassing three other CB Board Members and raising questions about transparency and accountability.

Directors Art Chacon, Leticia Vasquez-Wilson, and Jim Crawford have confirmed they were never asked to “provide direction,” or vote to approve sending the letter to Bonta.

The remaining board members, President Nem Ochoa, VP Gary Mendez, and Directors Joanna Moreno and Juan Garza, are all for sending the AG letter and keeping their majority voting bloc.

The sending of the letter was confirmed in a text message conversation between LCCN and newly elected CB Board VP Gary Mendez.

The text between LCCN and Mendez who confirmed the AG letter was sent.

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In the text conversation, Mendez indicated that all the board needed was “direction” in sending the letter.

Mendez, who has served on several public agency boards, did not comment when asked if the letter should have been board-approved at a regular public meeting.

Ochoa, Moreno, and Garza refused to comment.

Questions are swirling as to how Ochoa and Moreno could “provide direction” on the AG letter when they have an obvious conflict of interest.

The letter argues that they should remain on the board. The two were at the meeting that “provided direction.” In any other public agency meeting, directors in that situation would have recused themselves from any discussion, which would leave only Director Juan Garza and VP Gary Mendez (two out of seven) as the officials who “provided direction.”

The timing is certainly suspect, as it occurred just days before newly appointed directors would have taken Ochoa and Moreno’s seats.

As the majority awaits the AG’s opinion, Ochoa and Moreno will continue to participate in CB Board meetings and vote on agenda items. Those votes could be called into question at some point in the future.

And the process of appointing new directors takes 120 days, prolonging the impact of their attendance at meetings.

In addition, while the California Attorney General’s Opinion is a formal legal interpretation, the opinions provide guidance on questions of law but are advisory rather than legally binding. Opinions cannot create new laws.

But opinions can be used in courts… likely giving more time on the board for Ochoa and Moreno.