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BDVWA GUILTY of yet another Brown Act Violation
Click on the letter from the SB County District Attorney's office below to read about the latest violation of the law by Terry Burkhart and Marina West. The BDVWA circus show goes on........
Click on the letter from the SB County District Attorney's office below to read about the latest violation of the law by Terry Burkhart and Marina West. The BDVWA circus show goes on........
"We believe the facts and law make clear that the Board violated the Brown Act." - SB County District Attorney's office
"it is our understanding that it was Ms. West who drafted the agenda for the meeting – the very agenda that failed to give notice that increases in her compensation would be considered." - SB County District Attorney's office
"Nonetheless, given the Board's failure to admit a violation now, we are concerned about the Board's future compliance with the Brown Act. Given this concern, we recommend that the current Board members obtain training on the requirements of the Brown Act." - SB County District Attorney's office
Click on the letter to read in full
County DA Finds Bighorn Desert View Water Agency
Violated Open Meeting Laws
listen to the story in MP3 >>>
Violated Open Meeting Laws
listen to the story in MP3 >>>
Agency Action Ripped
DA: Yucca Valley water
panel ignored Brown Act
DA: Yucca Valley water
panel ignored Brown Act
The District Attorney's Public Integrity Unit admonished the Bighorn Desert View Water Agency for a Brown Act, the State's open meeting law, violation.
Citizen watchdog, Jim Harvey, said on April 27, the Agency held a closed session to evaluate the performance of General Manager Marina West, as part of their regular board meeting agenda. After the closed session, the board issued a closed session report giving West a glowing report. The board then took four separate actions to amend West's compensation.
These four discussions and actions were not agendized.
On May 1st, Harvey sent a "Demand for Cure and Correct" letter to the Agency. By law, the Agency has 30 days to respond, which Harvey says, they didn't. A letter by the Agency's legal council, Susan Trager, advised the board that no violation of law occurred and that no corrective measures would be necessary. Harvey pressed the issue by contacting the DA's office.
After an investigation, the DA agreed with Harvey, and in it's findings said "we are disappointed that the Board failed to acknowledge the violation, and went on to say, given the Board's failure to admit a violation, we are concerned about the Board's future compliance with the Brown Act and we recommend that the current Board Bighorn Desert View Water Agency members obtain training on the requirements of the
Act.
Citizen watchdog, Jim Harvey, said on April 27, the Agency held a closed session to evaluate the performance of General Manager Marina West, as part of their regular board meeting agenda. After the closed session, the board issued a closed session report giving West a glowing report. The board then took four separate actions to amend West's compensation.
These four discussions and actions were not agendized.
On May 1st, Harvey sent a "Demand for Cure and Correct" letter to the Agency. By law, the Agency has 30 days to respond, which Harvey says, they didn't. A letter by the Agency's legal council, Susan Trager, advised the board that no violation of law occurred and that no corrective measures would be necessary. Harvey pressed the issue by contacting the DA's office.
After an investigation, the DA agreed with Harvey, and in it's findings said "we are disappointed that the Board failed to acknowledge the violation, and went on to say, given the Board's failure to admit a violation, we are concerned about the Board's future compliance with the Brown Act and we recommend that the current Board Bighorn Desert View Water Agency members obtain training on the requirements of the
Act.
Click on the image to read
July/August Johnson Valley Journal Articles - must read!
Probe Finds
Bighorn Water Board
Violated Brown Act
Bighorn Water Board
Violated Brown Act
Click on the image to read
BDVWA EXPOSED AGAIN!
Well, it's a very deep subject
Click to open PDF
Bighorn Strikes Out
Click to open PDF
Shame on them!
JOURNAL UPDATE: BIGHORN vs THE WELL
You will recall that in this July's issue of the JV Journal there was an update on the status of the well to be sited on the JVIA property, and it stated, “Though there were delays, we expected that. Only later did we find out that there were objections and obstacles being put in the way of this project. We had not anticipated these, and still do not really understand them.
“But we can hope they are in the past and over with.”
Wrong. The very day that the Journals arrived in Johnson Valley mailboxes, JVIA Board members also received a peculiar communication from Marina West, General Manager of the Bighorn-Desert View Water Agency.
The objections and obstacles being put in the way of the well project are no longer secondhand hearsay and rumors: Marina West has mailed us proof in black and white, that Bighorn is determined that either we do not get a well, or that Bighorn takes control of it entirely.
It is a two-page letter, plus an 11-page document packed full of legalese. (Download below)
The letter is headed “Confidential Settlement Communication - not a Public Record and Not Subject to Disclosure under the California Public Records Act”
It is on BDVWA letterhead, dated June 28, and signed by Marina West.
It concerns the “Publicly Funded Water Well for Johnson Valley Improvement Association”
Our e-mail list does not contain addresses for the entire Journal mailing list, but the next Journal will not be published until September. As many people as possible should be informed, so pass it on to your neighbors.
The worst demand contained in this “settlement” denies the Fire Department use of the water from this well…the brighter outlook for fire service in this scattered isolated community is utterly squashed. BDVWA obviously does not care.
We know the lack of fire service, and difficulty getting insurance, is one of Bighorn’s favorite carrots tempting property owners to support a pressurized water system. The truth is, a fire hydrant does not do us any good without a Fire Department nearby, as was pointed out by Ms West herself at the June JVIA General Meeting.
It also has been made obvious through Bighorn’s own words (see the Journal story on page 18) that water service to our homes is an illusion, and that any pipeline installed will be to sell Johnson Valley water elsewhere.
So Marina West and Bighorn stack up some “legal” arguments to block our well, declare the county is a party to this document because it is furnishing technical assistance regarding the design and construction, and “may” provide more in the future, and argue that because this well is within BDVWA boundaries, we better sign on the dotted line to avoid litigation over offenses we have not committed and do not even recognize.
Ms West declares that the use of public funds to drill the well is the issue, that we are “alleged” to have violated the law and have “insinuated” we will export the water off the property for financial gain. Since we are part of the public that supplies the funds, we question her logic here.
Our existing Johnson Valley Well #10 was drilled for Johnson Valley using public funds. The water is exported off the property. It was given to BDVWA free, and BDVWA gets the financial gain.
We have not insinuated, we have celebrated, that the Fire Department will be able to use the water, not only at the firehouse, but anytime they want to take it off the property to put out a fire, be our guest! We would also be assured of a supply of water in case of another disaster like the 1992 earthquake, which had neighbors trying to aid neighbors who suffered broken water pipes and tanks.
Ms West states this is a “purported dispute,” but in reality the dispute is one-sided; JVIA has never had intentions or claims to dispute about this well.
She claims that the 3rd District Supervisor has agreed to “stipulate” in our contract that BDVWA calls the shots on this well–now and forevermore. If this is so, it is the first we have been notified of it. BDVWA director Dave Larson said in a recent board meeting that there would be a document to sign, but we had no notice before that, and he said nothing about shutting out the Fire Department.
So an Association that has looked after its own affairs for over 50 years is expected to bind itself to this agency, an agency that has been less than candid and less than cooperative with the people of Johnson Valley. And, indeed, with many of its other constituents. And if some future JVIA Board does something to displease some future BDVWA, they will have the power to remove our well!
This avalanche of legalspeak is designed to be intimidating and costly to our Association.
The very idea that the agency can tyrannize us to the point that Fire Station #43 could possibly never be reactivated again, and certainly not as quickly, is bound to be one of the worst public relations moves this agency has ever made.
The fact is, this document confirms in no uncertain terms that Ms West and the agency do not have the best interests of Johnson Valley at heart. It justifies suspicions many have had, and closes the mouths of the few who have called those suspicions divisive and paranoid.
It is not known whether their attorney’s bill dated 1/6-1/20 “Johnson Valley Water Supply Issues” for $5,850.00, was related to this document. The items charged were crossed out with big black marker pen (see page 21 of the Journal). The request for an unredacted copy of the bill has been denied since the Journal went to press. Now BDVWA is demanding the JVIA board keep this latest document confidential. (In fact, JVIA director John Burkhart sent an e-mail saying, “I think you should not discuss, show or otherwise disclose this document to anyone outside the Board members until recordation.” The rest of the JVIA Board disagreed.)
Our elected representatives at Bighorn, who are supposed to be looking out for us, evidently approve of this document.
Betty Munson
760-364-2646
You will recall that in this July's issue of the JV Journal there was an update on the status of the well to be sited on the JVIA property, and it stated, “Though there were delays, we expected that. Only later did we find out that there were objections and obstacles being put in the way of this project. We had not anticipated these, and still do not really understand them.
“But we can hope they are in the past and over with.”
Wrong. The very day that the Journals arrived in Johnson Valley mailboxes, JVIA Board members also received a peculiar communication from Marina West, General Manager of the Bighorn-Desert View Water Agency.
The objections and obstacles being put in the way of the well project are no longer secondhand hearsay and rumors: Marina West has mailed us proof in black and white, that Bighorn is determined that either we do not get a well, or that Bighorn takes control of it entirely.
It is a two-page letter, plus an 11-page document packed full of legalese. (Download below)
The letter is headed “Confidential Settlement Communication - not a Public Record and Not Subject to Disclosure under the California Public Records Act”
It is on BDVWA letterhead, dated June 28, and signed by Marina West.
It concerns the “Publicly Funded Water Well for Johnson Valley Improvement Association”
Our e-mail list does not contain addresses for the entire Journal mailing list, but the next Journal will not be published until September. As many people as possible should be informed, so pass it on to your neighbors.
The worst demand contained in this “settlement” denies the Fire Department use of the water from this well…the brighter outlook for fire service in this scattered isolated community is utterly squashed. BDVWA obviously does not care.
We know the lack of fire service, and difficulty getting insurance, is one of Bighorn’s favorite carrots tempting property owners to support a pressurized water system. The truth is, a fire hydrant does not do us any good without a Fire Department nearby, as was pointed out by Ms West herself at the June JVIA General Meeting.
It also has been made obvious through Bighorn’s own words (see the Journal story on page 18) that water service to our homes is an illusion, and that any pipeline installed will be to sell Johnson Valley water elsewhere.
So Marina West and Bighorn stack up some “legal” arguments to block our well, declare the county is a party to this document because it is furnishing technical assistance regarding the design and construction, and “may” provide more in the future, and argue that because this well is within BDVWA boundaries, we better sign on the dotted line to avoid litigation over offenses we have not committed and do not even recognize.
Ms West declares that the use of public funds to drill the well is the issue, that we are “alleged” to have violated the law and have “insinuated” we will export the water off the property for financial gain. Since we are part of the public that supplies the funds, we question her logic here.
Our existing Johnson Valley Well #10 was drilled for Johnson Valley using public funds. The water is exported off the property. It was given to BDVWA free, and BDVWA gets the financial gain.
We have not insinuated, we have celebrated, that the Fire Department will be able to use the water, not only at the firehouse, but anytime they want to take it off the property to put out a fire, be our guest! We would also be assured of a supply of water in case of another disaster like the 1992 earthquake, which had neighbors trying to aid neighbors who suffered broken water pipes and tanks.
Ms West states this is a “purported dispute,” but in reality the dispute is one-sided; JVIA has never had intentions or claims to dispute about this well.
She claims that the 3rd District Supervisor has agreed to “stipulate” in our contract that BDVWA calls the shots on this well–now and forevermore. If this is so, it is the first we have been notified of it. BDVWA director Dave Larson said in a recent board meeting that there would be a document to sign, but we had no notice before that, and he said nothing about shutting out the Fire Department.
So an Association that has looked after its own affairs for over 50 years is expected to bind itself to this agency, an agency that has been less than candid and less than cooperative with the people of Johnson Valley. And, indeed, with many of its other constituents. And if some future JVIA Board does something to displease some future BDVWA, they will have the power to remove our well!
This avalanche of legalspeak is designed to be intimidating and costly to our Association.
The very idea that the agency can tyrannize us to the point that Fire Station #43 could possibly never be reactivated again, and certainly not as quickly, is bound to be one of the worst public relations moves this agency has ever made.
The fact is, this document confirms in no uncertain terms that Ms West and the agency do not have the best interests of Johnson Valley at heart. It justifies suspicions many have had, and closes the mouths of the few who have called those suspicions divisive and paranoid.
It is not known whether their attorney’s bill dated 1/6-1/20 “Johnson Valley Water Supply Issues” for $5,850.00, was related to this document. The items charged were crossed out with big black marker pen (see page 21 of the Journal). The request for an unredacted copy of the bill has been denied since the Journal went to press. Now BDVWA is demanding the JVIA board keep this latest document confidential. (In fact, JVIA director John Burkhart sent an e-mail saying, “I think you should not discuss, show or otherwise disclose this document to anyone outside the Board members until recordation.” The rest of the JVIA Board disagreed.)
Our elected representatives at Bighorn, who are supposed to be looking out for us, evidently approve of this document.
Betty Munson
760-364-2646
Click on this image to read the document
I am just giving y'all a heads up. My house is getting raided by theives, and has been numerous times in the past 6 months to a year. I am missing a 2200 or 2500 (I forget) upright green water tank (the kind that are prevelant in the valley), 33" tires and rims that are from a Chevy Blazer, two twin mattresses and/or a set of homemade wooden bunk beds. That is the known items. The things that may be missing, I have yet to account for. I am so poor, broke, etc. My husband left me with nothing! I cannot afford this. I was supposed to move back there, but without a water tank, I am stuck in limbo. I do not want to infuriate any mean people who are doing this to me, but I cannot take it anymore!!
If anyone finds my stuff, or has any leads, please let me know. I don't know what to do. desert_gurlie@yahoo.com
If anyone finds my stuff, or has any leads, please let me know. I don't know what to do. desert_gurlie@yahoo.com
8/5/2011
Court, Kenny Cash, and myself attended the Bighorn Water Agency Meeting on Tues. 7/26/11. What a disappointment it was. The board of directors led by Terry Burkhart were asked a question about the
$41,084.06 attorney bill for three months. The silence was deafening as not one director or General Manager West opened their mouth. They sat there like six mummies, all that was missing was the linen wrapping. The board also discussed life insurance for the staff and General Manager West. The amount of coverage would be double the employee's salary not to exceed $ 200,000, which means General Manager West would be eligible for a $ 200,000 insurance policy, along with her other outrageous benefits that government agencies enjoy at the public's expense. Never is there talk about lowering the water rates, only increasing the perks for the water agency that the people pay out from their hard earned money. I will bet that the hard working stiff does not get life insurance, and auto allowance, and educational benefits. I can guarantee that if those perks were coming out of the boards own pockets they would be singing a different tune. That is the fundamental problem with any government entity today, they are spending the peoples money and do not care how they go about it. While discussing the life insurance item, director Corl-Lorono who never saw a government handout she didn't like commented that she thought the amount of insurance was not sufficient.
Is she in the real world or not? Certain members of the board, namely Terry and Judy love to go to seminars and shows where they can get all the freebies, food and lodging at the peoples expense. All the so called stuff that they claim to have learned has not done the Bighorn Agency a whit of good, the agency is worse than ever. We have a election coming up in November, I encourage everybody to attend the water board meetings and see for yourself just how dysfunctional this board is.
Jim Hanley
Court, Kenny Cash, and myself attended the Bighorn Water Agency Meeting on Tues. 7/26/11. What a disappointment it was. The board of directors led by Terry Burkhart were asked a question about the
$41,084.06 attorney bill for three months. The silence was deafening as not one director or General Manager West opened their mouth. They sat there like six mummies, all that was missing was the linen wrapping. The board also discussed life insurance for the staff and General Manager West. The amount of coverage would be double the employee's salary not to exceed $ 200,000, which means General Manager West would be eligible for a $ 200,000 insurance policy, along with her other outrageous benefits that government agencies enjoy at the public's expense. Never is there talk about lowering the water rates, only increasing the perks for the water agency that the people pay out from their hard earned money. I will bet that the hard working stiff does not get life insurance, and auto allowance, and educational benefits. I can guarantee that if those perks were coming out of the boards own pockets they would be singing a different tune. That is the fundamental problem with any government entity today, they are spending the peoples money and do not care how they go about it. While discussing the life insurance item, director Corl-Lorono who never saw a government handout she didn't like commented that she thought the amount of insurance was not sufficient.
Is she in the real world or not? Certain members of the board, namely Terry and Judy love to go to seminars and shows where they can get all the freebies, food and lodging at the peoples expense. All the so called stuff that they claim to have learned has not done the Bighorn Agency a whit of good, the agency is worse than ever. We have a election coming up in November, I encourage everybody to attend the water board meetings and see for yourself just how dysfunctional this board is.
Jim Hanley