Director Juan Garza and VP Martha Camacho-Rodriguez cannot seem to grasp the fact that it is illegal under Government Code for a public agency board to hire an executive at a special board meeting.
June 8, 2024
By Brian Hews
Two weeks ago, Los Cerritos Community News exclusively reported that Central Basin [CB] Municipal Water District Board members Martha Camacho-Rodriguez and appointed Director Juan Garza forced an illegal vote at a CB special meeting to hire interim (and unknown) General Manager Elaine Jeng for the Commerce-based water agency.
It was a blatant politics-over-water-agency move by Camacho-Rodriguez, at the last regular Board meeting she and Garza got into a heated argument with Camacho calling Garza “a dictator.”
Current President Art Chacon tried to stop the vote, but it was clear that Camacho and Garza, with the support of CB attorney Victor Ponto, Zach Lopes and Stephani Gutierrez with L.A.-based Burke, Williams & Sorensen, were going to allow the vote to hire the GM.
But the hiring was illegal and should catch the attention of the Los Angeles District Attorney’s office, the California Bar Association and the Fair Political Practices Commission.
Let’s start with the blatant violations.
Government Code 54956 states, “any action to approve the contract of a local agency executive [Jeng] must be taken at a regular board meeting and cannot be approved at a special meeting of the board.”
In addition, GC 54956(b) states, “A legislative body shall not call a special meeting regarding the salary of a local agency executive.”
But the Desperate Duo, along with their see-no-evil, hear-no-evil attorneys, eschewed those violations and then moved on to violating the Brown Act.
The Act clearly defines any item that is not on a posted agenda [Jeng hiring] as a “walk-on” item that could not be voted on unless the following strict circumstances were met:
1. That the agenda item came to the attention of staff and/or the Board of directors after the agenda was posted;
2. and there is a need to take immediate action.
The Board must state that the circumstances were met and approved by the majority, but they did not occur.
Despite the Code and Act violations, Camacho and Garza forced the item on the agenda and voted to hire Jeng.
But Chacon, who voted no along with Director Vasquez-Wilson, vowed he would not sign Jeng’s contract.
Where is the District Attorney?
Undeterred, Camacho and Garza hatched another illicit Code-breaking scheme to finalize the hiring of Jeng.
Under Central Basin Code, a special meeting can only be called by a majority of board members, which currently is three.
Sources are telling LCCN that Chacon, Vasquez-Wilson and Crawford are fed up with Camacho and Garza’s unethical behavior and have formed a solid majority.
So what did the Desperate Duo do? They called for a special meeting on June 6 [violating Code] and placed Jeng on the agenda. However, they only had two votes, so in another illegal move [that’s five now], they claimed that former Director Thomas Bekele had also called for the meeting and would be attending.
But Bekele resigned in an email to attorney Victor Ponto on April 23 and confirmed his resignation on video at a May 20 regular board meeting. Ballots were sent out May 21 by the CB Board Secretary to replace Bekele.
Camacho and Garza persisted, but the CB Board Secretary, who had indicated Bekele had resigned in a memo of her own obtained by LCCN, did not post the agenda due to lack of a majority.
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Memo showing that Bekele had “submitted his resignation.”
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That brave move stopped Camacho and Garza’s scheme in its tracks, but Jeng remains and is already stirring things up to help the Desperate Duo.
During the process LCCN sent out emails to all CB Board Members and CB GM/Attorney Victor Ponto several times asking for comment on Bekele’s resignation.
One question to Ponto involved an incriminating April 6 agenda document showing that Ponto was aware of Bekele’s resignation two weeks prior to Bekele’s April 23 resignation email to him. Under GM comments, Ponto wrote, “The election process is to begin for both Bekele and Gualtieri replacements.” Ponto did not respond.
Document showing Ponto, as GM, acknowledged that Bekele had resigned and the agency needs to look for replacements.
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Only Garza answered about Bekele’s resignation, conveniently leaving several words out of Bekele’s original email to justify validate his fantasy that Bekele did not resign.
Garza wrote, “In his April 23 email, Director Thomas [Bekele] did [sic] NOT indicate “he was going to resign at the next CB Board meeting”. He in fact informs our agency of his ‘decision to step down from my role as Director’.
“What he [sic] DID state in his April 23 email was “We can make a formal notice of some kind during the next board meeting” and to “please initiate any applicable proceedings that will expedite my replacement.” He even ends his email with a commitment “to assist as much as I can during this [sic] TRANSITION.”
Below is the actual April 23 email from Bekele, bold indicates words Garza used in his email to LCCN, unbolded were not included by Garza:
“Victor [Ponto], I am writing to inform you of my decision to step down from my role as a Director (At-Large) at CBMWD. The demands of my current position as Public Works Director at the City of Signal Hill have significantly increased, necessitating my full attention and commitment.”
It has been a pleasure to work with you, and I am grateful for the experiences and insights gained during my tenure. I am confident in the Board’s continued success and look forward to witnessing the District’s future achievements.”
We can make a formal notice of some kind during the next board meeting [May 20]. However, please initiate any applicable proceedings that will expedite my replacement. I will try my best to assist as much as I can during this transition.”
Garza insisted Bekele did not resign, but apparently a conversation between Garza and Ponto concerning the resignation did not occur.
LCCN has obtained email communications between Bekele, Victor Ponto, Juan Garza, and Sharon Kumar related to the resignation. The email exchanges clearly show Ponto knew and agreed that Bekele had resigned as of April 23.
The emails also show collusion between Ponto and Garza; Garza was the only CB Director in the emails.
Initial April 23 email from Bekele to Ponto
From: Thomas Bekele <tbekele@cityofsignalhill.org> Sent: Tuesday, April 23, 2024 9:18 PM To: Ponto, Victor M. <VPonto@bwslaw.com>
Subject: Thomas Bekele – Stepping Down from Director (At-Large) Position
Hi Victor, I am writing to inform you of my decision to step down from my role as a Director (At-Large) at CBMWD. The demands of my current position as Public Works Director at the City of Signal Hill have significantly increased, necessitating my full attention and commitment. It has been a pleasure to work with you, and I am grateful for the experiences and insights gained during my tenure. I am confident in the board’s continued success and look forward to witnessing the District’s future achievements. We can make a formal notice of some kind during the next board meeting. However, please initiate any applicable proceedings that will expedite my replacement. I will try my best to assist as much as I can during this transition. Thanks, Thomas Bekele Public Works Director Signal Hill Public Works
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April 24 email from Ponto (note only Director is Garza)
From: Ponto, Victor M. <VPonto@bwslaw.com> Sent: Wednesday, April 24, 2024 9:08:16 AM To: mike@lhhcwd.com <mike@lhhcwd.com>; Juan Garza <juan@sixheron.com>; Sharon Kumar <sharonk@centralbasin.org>; Elizabeth Brizuela <elizabethb@centralbasin.org>; Naja Braddock <najab@centralbasin.org> Cc: Lopes, Zachery A. <ZLopes@bwslaw.com>; Gutierrez, Stephanie <SGutierrez@bwslaw.com>
Subject: FW: Thomas Bekele – Stepping Down from Director (At-Large) Position
All,
See the email below from Director Bekele. What do we need to do as staff to assist with this process?
Regards, Victor Victor M. Ponto Partner 1770 Iowa Avenue, Suite 240 Riverside, CA 92507-2479
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April 24 email from Kumar
From: Sharon Kumar <sharonk@centralbasin.org> Sent: Wednesday, April 24, 2024 9:13 AM To: Ponto, Victor M. <VPonto@bwslaw.com>; mike@lhhcwd.com; Juan Garza <juan@sixheron.com>; Elizabeth Brizuela <elizabethb@centralbasin.org>; Naja Braddock <najab@centralbasin.org> Cc: Lopes, Zachery A. <ZLopes@bwslaw.com>; Gutierrez, Stephanie <SGutierrez@bwslaw.com>
Subject: Re: Thomas Bekele – Stepping Down from Director (At-Large) Position
Victor, we need to start the election process to get a replacement. What is the effective date of his resignation?
Best, Sharon Kumar
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April 24 email from Ponto (note only Director is Garza)
From: Ponto, Victor M. <VPonto@bwslaw.com> Sent: Wednesday, April 24, 2024 9:15 AM To: Sharon Kumar <sharonk@centralbasin.org>; mike@lhhcwd.com; Juan Garza <juan@sixheron.com>; Elizabeth Brizuela <elizabethb@centralbasin.org>; Naja Braddock <najab@centralbasin.org> Cc: Lopes, Zachery A. <ZLopes@bwslaw.com>; Gutierrez, Stephanie <SGutierrez@bwslaw.com>
Subject: RE: Thomas Bekele – Stepping Down from Director (At-Large) Position
My assumption is that it would be at the next regular meeting as his email suggests but we can get clarification.
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