CSD Possible Settlement Update   

Posted: March 15, 2020
Newberry Springs Community Alliance
by Ted Stimpfel

Mandatory Settlement Conference

    The Mandatory Settlement Conference (MSC) between the Newberry CSD and the County was held on Monday, March 9, 2020, and ended with a continuance.  Officiating was Judge David Cohn of Department 26 of the County of San Bernardino Superior Court.

    The County was represented by counsel Jason Searles.  The Newberry CSD was represented by Mitchell Tsai who attended by teleconference.  Also in attendance by teleconference was Andrew Sadey, an attorney representing the Real Party in Interest, Daggett Solar Power Facility 1, LLC.

    The meeting was closed to outsiders but the continuance of the MSC to June 2, 2020, indicates that the judge sees existing potential for the parties to settle and he is providing additional time to the parties to work out the possible details.

    With the sunset on the federal solar incentives occurring this coming December 31st, it can be reasonably expected that Daggett Solar Power will be offering some very high bribes to get the Newberry CSD to sell out the community and settle.

    It appears that Respondent / Defendant County of San Bernardino Land Use Services Department will be removed from the litigation.  This was expected and is understandable as the department falls under the defendant County of San Bernardino.

CSD's Brown Act Violations

    The community's ability to respond to the highly hazardous Daggett Solar Power Project has been greatly obstructed by the refusal of the Newberry CSD directors to work with the community.

    The CSD directors claim that all of the CSD's involvement and information regarding the litigation are privileged and that they can not release anything according to the Law.

    Even Director Jack Unger became unglued and ignorantly shouted at the public audience members following a CSD Closed Meeting that the CSD's secrecy is the Law !  Well, that was just another lie from Unger.  It is not the Law.

    While the Brown Act does allow secrecy "...regarding pending litigation when the discussion in an open session concerning those matters would prejudice the position of the local agency in the litigation,"  (Gov. § 54956.9 (a) ), the Brown Act otherwise REQUIRES open transparency.

    The CSD is required to provide vital information on great community concern unless the specific information would be of a privileged nature.

    To be privileged, the withheld information must be narrowly construed and must be of a nature that it would prejudice and harm the CSD if released.  The Brown Act does not allow the CSD to operate in a complete information blackout or bubble when information will not impact nor prejudice the negotiations nor the underlying litigation.

    The CSD has even intentionally failed to disclose the general nature of what is so privileged that it supersedes the public's overwhelming right to know the workings of its elected officials.  The CSD directors appear to be in direct denial and violation of the state's Brown Act.

    The CSD's actions are highly arrogant and abusive to the community's residents.  In eight months, the seats of Paula Deel and Larry Clark are replaceable.  The community will have a chance to voice their displeasure of the repeated years of terrible CSD bungling and mismanagement.

    Newberry residents interested in actively participating with the Friends of Newberry Springs in the defense of the community are encouraged to sign up if they haven't already.


Daggett Solar Air or a Healthy Community's Air ?


    Silicosis is an incurable, and fatal lung disease that is a result of crystalline silica exposure.  It is progressive, which means it gets worse over time, even if you are no longer experiencing silica dust exposure.

    Once the crystalline silica enters into your lungs, it immediately begins doing damage by acting like tiny blades, making cuts on your lung's air sacs.  This leads to scarring, inflammation, fluid, and stiffening of the lungs as it progresses and reduces your ability to pull oxygen from the air that you are breathing in.


Next Newberry CSD board meeting is
Tuesday, March 24, 2020, at 6 P.M.

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