New CSD secretary, Marchelle Hall, is sworn in at the December monthly CSD board meeting by Director Jack Unger.
Unger Out, Deel In As President
CSD Purchases Fire Truck
BMT Minneola Solar May Fizzle
Former GM Jodi Howard Sues Newberry CSD
Posted: December 22, 2023
Newberry Springs Community Alliance
by Ted Stimpfel
More of the Good, the Bad, and the Ugly.
The December CSD general board meeting started
with a changing of the guard.
Director Jack Unger gave up the presidency by saying
that he would not run for either the president or the vice president
seat. Under apparent economic stress, he stated that he was going to
leave retirement and go back to full-time employment and that he would
not have the time to dedicate to either elected position.
For the president position, Director Mike Matson
nominated Paula Deel and Director Robert Springer nominated himself.
The vote was 4 to 1, favoring Deel.
For vice president, Director Margie Roberts then
nominated Mike Matson and Director Robert Springer again nominated
himself. The vote was 4 to 1, favoring Mike Matson.
Under the current dynamics of the existing players,
the sad board structure is probably as good as could be hoped for.
Director Deel is good with budget numbers but Newberry Springs has
lost out on a lot over the years with this undynamic member on the
board. She has been stagnant and has sat by while the board delivered
us such wonders as Clearway Energy.
During the meeting, Director Margie Roberts was once
again exclaiming (as she has done in the past) what a great board the CSD
has and how it is the best ever! As a CSD residential observer, I
believe that she was again hallucinating. Until she was elected, she was always a no-show
at CSD meetings so she does not know what she professes.
Also, as a CSD board member, she hasn't done anything meaningful
for the community.
The CSD board does OK with the routine basic
management and should be recognized for that, but the board continues
to miss golden opportunities. Director Mike Matson has been the only
positive spark on the board so there is future hope based upon his
younger energy and business knowledge.
The accomplishments this year that have been
beneficial have been led by Director Mike Matson who has been the
visionary, and much of the physical muscle, in improving the recreational
park. Along with him for accolades, is Fire Chief Daphne Lanier whose
department has located an excellent fire truck in Pennsylvania. Chief
Lanier expects to have the truck in operation in early January 2024.
Newberry Springs' acquired 2004 KME Rescue Pumper is being trucked over
the holidays for expected delivery on January 2nd.
With the truck's purchase price coming in a little
under budget, the fire department will be shopping for a water tender.
All this is to limit the CSD's liability and to help reduce
the community's high fire insurance rates.
BMT Minneola Solar Project May Stall
We know that the BMT Minneola Solar project
has major problems with the County's produced Initial Study's
determination that the project does not present a 'significant effect'
on the environment and that, "A MITIGATED NEGATIVE DECLARATION shall be
prepared."
The Newberry Springs Community Alliance has submitted
a lengthy comment letter that lambasts the County's Initial
Study's determination as lacking credibility, being fundamentally flawed,
and in violation of numerous federal, state, and county codes.
Proceeding with the BMT Minneola Solar project will
further subject the County deeper into its conspiracy of knowingly
and maliciously injuring the health and the property values of the
residents of Newberry Springs.
The Community Alliance's comment letter should give
the County a pause to reevaluate its determination. Should it proceed
with the project, the County will be held accountable.
Former CSD General Manager Jodi Howard Sues Newberry
The CSD has been having to spend thousands of dollars
in legal fees, money that could have been spent on the fire department
and the park, to defend against Jodi Howard's actions as a
disgruntled ex-employee.
Howard is alleging wrongful termination. Yeah, like
that is going to fly. The general manager position that she held was
a position 'at will,' meaning that the CSD board could fire her
at any time without cause. And that is what they did, without apparently
stating a reason.
Actually, the board held an excellent cause in that
Howard took a secret simultaneous second job as general manager with
the Daggett CSD. This violated a state law that forbids such
a conflict of interest. It goes against the "two masters" legal theory.
Howard forced her termination.
Should Jodi Howard lose, as is likely as the board
seems willing to fight her rather than settling a frivolous lawsuit,
Howard can be held liable under court order to pay back all of the
CSD's legal expenses.
Expenses can run into huge amounts as Howard will
likely be subjected to lengthy depositions and interrogatories
during the discovery process.
It is interesting to note that only the current
Newberry CSD directors are being named as defendants and not any
of the previous directors that Jodi Howard worked under, some
for a longer period.
It is also interesting that one current director
has been omitted, Director Robert Springer whom Jodi Howard is
believed to have had a special relationship during her Newberry CSD
employment. Director Springer, during most of the time of Howard's
employment, held the position of President and Chair.
The reason why Director Springer was omitted from
the complaint might be learned during the upcoming legal discovery
process where Jodi Howard is expected to be grilled under oath on
each of her 9 causes of action.
A trial-setting conference is set for June 10, 2024,
in Superior Court, Department S30, in the city of San Bernardino.
Personally, IMHO, the court should simply grant
the CSD a summary judgment and expenses.
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