For six months the Newberry CSD board members have refused to release Kiewit Pacific funds for Newberry Springs' defense against the intrusion of utility-scale solar.

    For six months, board members Robert Springer, Paula Deel, Victoria Paulson, and Larry Clark have acted with indifference to calls from the community to release the funds.

    Newberry Springs is currently facing a major crisis.  Should the solar developments be built, the vast majority of the citizens and the landowners of the community will lose big time in their property investments and their personal health.  An expected major health problem will be an increase in PM 10 dust which is recognized as a leading cause of pulmonary death.

    The Newberry CSD has been withholding defense funds that the community wants to have used for their protection.  This is money that does not belong to the CSD, it belongs to the People of Newberry Springs.

    Currently, there is a chance that the solar projects will not be built.  However, if the projects are built, and if the Kiewit Pacific community funds were not released prudently in time for the community's defense, the individual Newberry CSD board members may have their own property at risk.

    Poetically, in their willingness to risk other people's property by not releasing the funds, the Board members may lose their own.  Community lawsuits for the recovery of damages may become epidemic and the CSD board's current names may be listed as defendants.

    Without the benefit of expert legal opinion, and from a common sense perspective of the law, it would strongly appear (from a legal layman's perspective) that the Kiewit Pacific funds belong to the People of the community, not the CSD nor its Board.

    It further appears that the CSD has been holding the funds in a fiduciary trust-type relationship for the dispensing of the funds for the benefit of the community.  Currently, no benefit seems higher than to use the funds to preserve the health and safety of the community from utility-scale solar.

    Despite six months of community cries for the release of the funds, the CSD has failed to do so.  This is contrary to the intended purpose of the funds.  The funds were never meant to be squirreled away for decades.  If this breach of fiduciary duty directly contributes to the nonprevention of the solar construction, massive community damages will occur.

    This may lead to each Newberry CSD board culprit being held personally responsible for breach of their fiduciary trustee responsibilities.  This may place each obstructive Board member at risk of losing all of their own personal property that can be legally attached.

    There may be a wrongful impression that the Board is fully protected by state law and the CSD's insurance, but that might not be.  State law and insurance only cover the Board members' action when acting in the capacity of the CSD.

    The Board's action of trustee for the Kiewit Pacific funds appears to be totally outside of the CSD's capacity.  Acting as a separate trustee in the distribution of private funds is not a power granted to the Newberry CSD by LAFCO (Local Agency Formation Commission).

    Acting as trustee of private funds appears to be outside the scope of LAFCO, so there is probably no protection for the Board members by state law nor from the CSD's insurance.  The CSD Board members may have to pony up their own assets for potential legal fees and awards.

    One would expect that the CSD board members would want to limit their personal liability exposure with the Kiewit Pacific funds, however, as previously alluded to in previous blogs, there appears to be greed involved.

    The People of Newberry Springs need the release of the funds NOW!  Not later, when the funds won't do any good in protecting the community.