Illegal appointment will cost Oceano
June 24, 2011
By LISA RIZZO
The Oceano Community Services District will likely be slapped with nearly $75,000 in fees after losing a civil lawsuit that found the board illegally appointed one of its directors.
In his tentative ruling released Tuesday San Luis Obispo County Superior Court Judge Charles Crandall awarded former Oceano board director, Pamela Dean, $74,441 in attorney’s fees after she obtained a ruling March 18 that found the district’s Board of Directors failed to follow the law when it appointed Lori Angelo to fill a vacancy.
In February 2010, after Barbara Mann resigned from the board, Lori Angello was appointed by a vote of 2-1 with one director abstaining.
Following the vote, Dean claimed the board violated its own rules of order by appointing Angello with only two votes. In addition the vote violated Government Code Section 61045, which stated “a majority of the total membership of the board of directors shall constitute a quorum for the transaction of business.”
After Angello refused to step down, Dean filed a civil lawsuit against the Oceano Community Service District and Angello.
In March, Judge Crandall ruled in Dean’s favor, agreeing that Angello’s appointment was not legal.
By that time, however, the issue was moot. Angello ran unopposed in the November election and won a seat on the board. She is now the district President.
Dean was able to go after the district to pay her attorney fees under the California Private Attorney General Statute because the court declared the lawsuit a “useful public service,” one that set “future precedent and guidance not just for this board but for other community services districts and public agencies.”
Tentatively, while the board has been ordered to pay Dean’s legal fees, the judge did not find Angello personally liable.
“Practically speaking, however, the court sees no reason why attorney’s fees should be awarded against Lori Angello, personally. Because the award runs against a public agency, there is little risk of insolvency.”
That may not be the case for Oceano, however, which is financially strapped and is facing insolvency, according to a district document titled, “Financial Challenges to Remain Solvent.”
Once July 1 arrives, the CSD will officially be three years behind on completing and turning in audits to the county. Without the financial reporting, Oceano is not able to refinance current loans, obtain new loans, or win available government grants.
“Our finances are already tight, so it is going to be another pinch on the budget,” Oceano CSD Board Vice President Matthew Guerrero told CalCoastNews. “We are working on a new budget and this will have to be factored in.”
Meanwhile, the CSD appointed a new interim general manager Wednesday following the dismissal of General Manager Raffaele Montemurro over findings of mismanagement of district funds.
The new interim general manager, Thomas Geaslen, will be tasked with getting the CSD’s finances in order until a permanent replacement is found.
In his tentative ruling, Crandall noted that it appears “the board has changed its appointment practices and is complying with applicable authority” in that regard.







THANK-YOU LYNN HILL FOR A CITE TO THE ACTUAL FEBRUARY 24TH, 2010 AUDIO OF THE BOARD’S ELECTION PROCEDURE. (ELECTION/APPOINTMENT/ANNOINTMENT) WHAT THE HELL IS THE DIFFERENCE? SOMEBODY! GET ME THAT 2001 ALLEDGED COONEY-CREATED BOARD PROCEDURE! I AM NOT TAKING THESE VARMITS WORDS ALONE THAT COONEY CAME UP WITH THE IDEA THAT TWO BOARD MEMBERS COULD APPOINT ANOTHER MEMBER WHEN ONLY THREE BOARD MEMBERS WERE VOTING!
Like or Dislike:
0
0
The board can create all the procedures they want to try and circumvent California law but in the end the llaw supersedes any procedure they create.
Like or Dislike:
0
0
Some off topic and specious speculation deleted, commentary directed to the moderator is quickly removed, questions ????
Like or Dislike:
0
0
Perhaps similar “charges” should be brought against Marshall Ochylski of the Los Osos CSD for unilaterally nominating & appointing his former campaign manager, Mike Wright…There’s certainly something VERY SMELLY about THAT appointment…
Like or Dislike:
0
1
There was ONE vote? Nonsense.
Like or Dislike:
0
0
Ochilski was just chosen by the OCSD to represent it before LAFCO. Everyone followed Angello’s suggestion, who in turn, got the idea from Jim Hill, I believe, when he was still on the board.
Director Searcy stated that he liked Shell Beach attorney/resident Brian Kreowski, who has served on the Avila Beach Harbor Commission. That Searcy would chose Kreowski is ironic.
Once, when I was in Kreowski’s office, I noticed a picture of King Leopold II on his wall.
Kreowski extolled the political acumen of this man, who historians consider the most brutal ruler of the Belgian Congo “Free State,” in the early 1900′s.
Leopold II routinely ordered his native police force to massacre defenseless and peaceful tribal communities whose only crime was to protest the taking of their crops, lands and people as slave laborers under punishing conditions. As Kreowski proudly stated, “both he and Leopold are Dutch.”
Then Kreowski went on to observe that “Mexicans” were just as racist as the next group, pointing out that Mexico has a hierarchy of bias based upon race and economic class.
This was a disagreeable extrapolation, or misinterpretation, of my reason to visit him in the first place, which was to discuss a real estate dispute over title ownership to land caused by the seller’s failure to disclose a defective condition of the property.
Both the buyer and seller were “white.” The most harassing neighbors were not. The harassment was directly related to, and exacerbated by, the seller’s failure to disclose the neighbor’s claim of interest in the “defective condition.” (If I tried to explain the legalities of the “defective condition,” I could put you into a coma, so I won’t go there….)
The types of behavior I reported to Kreowski concerned gender hate speech, physical threats and assault, vandalism and race-based insults. These neighbors, who happened to be Latino, were also confirmed alcoholics and glue sniffers. Therefore, the issue of racial bias was indeed relevant, but it was by no means the only explanation for their tortious conduct. The addictions, which finally took their toll, were more relevant to the issue of why they behaved as they did.
And if there was an identifiable “cause of compaint” it must be laid at the feet of the seller, who knew exactly what she had done by knowingly hiding the condition of the property from the buyer, and previous disputes with the neighbors about which of them had to fix the defective condition.
I left Kreowski’s office with the impression that he needed to understand one very important point when it comes to talking about race relations in the context of real estate disputes:
Rather than focus on the race of the negotiator, and blame his or her transgressions on race, it is better to identify the individual act that is offensive or injurious, rather than attributing the act of one individual to an entire race or culture.
This is a very hard rule to follow when one is confronted with the tortious conduct previously described. But in the end, you have to ask yourself, what kind of world you would like to have, and then, try to act accordingly.
In my own experience, I find it easy to lump people together based upon one negative experience with one individual. So, I try to train myself out of this habit. I try to verbalize the act that offends me rather than to presume that the act “was motivated by” the individual’s race or ethnicity, even when the person states that “they hate white people.” They, too, mistake the acts of individuals to be the acts of an entire group of people who are, in fact, not involved at all.
Like or Dislike:
1
0
From the Court’s tentative ruling:
“The core issue in this lawsuit was THE BOARD’s compliance with law in the appointment of
a replacement member.”
Pamela Dean was on THE BOARD.
“Petitioner Pamela Dean obtained a declaratory ruling that THE BOARD OF DIRECTORS of the Oceano Community Services District failed to follow applicable rules and statutes…”
Pamela Dean sued taxpayers for a wrongful action that she participated in.
“[T]he declaratory judgment concluded that THE BOARD failed to comply with Government Code §1780 and certain applicable provisions of the Community Services District Act…”
Pamela Dean held the gavel during the appointment.
“Moreover, it appears to be uncontroverted that THE BOARD has changed its appointment
practices and is complying with applicable authority.”
Pamela Dean presided over the appointment.
“[T]he court sees no reason why attorney’s fees should be awarded against Lori Angello”
THE BOARD broke the rules.
Like or Dislike:
4
4