Does the Imperial Irrigation District still have a general counsel? Officials say yes but the reality is not so clear.
Jeff Garber has served as general counsel for more than six years and sat on the dais almost continuously next to General Manager Kevin Kelley and GMs before him at public meetings and closed-session meetings. Assistant Counsel Vance Taylor filled in whenever Garber was working on a project or out of town.
However, this changed Dec. 7, when the present IID Board of Directors was inducted, after which Taylor sat on the dais while Garber sat in the audience. Garber has sat in the audience since, although the dais still bears Garber’s nameplate.
“He is not attending closed or open session with the board and that is entirely at my discretion,” Kelley said of Garber. “I believe it is for the good of this board and this district.”
Garber last attended a Board of Directors meeting Jan. 8, when the board contemplated rescinding all conflict-of-interest waivers the IID granted outside counsel. Garber took the podium for clarification, and discussion between him and Director Jim Hanks became tense.
Officials declined to comment when asked if this interaction between Hanks and Garber was a deciding factor in the decision to not have Garber present at board meetings. However, Kelley alluded to just that.
“In the interest of comity and orderly process of holding a board meeting, Mr. Taylor’s involvement has been helpful,” Kelley said.
One of the general counsel’s duties is to make sure the Board of Directors complies with the Brown Act, California’s open meetings law.
“The general counsel shall … serve as counsel at board meetings to ensure compliance with the California open meeting laws. In furtherance of this duty, the general counsel shall be present at all closed session board meetings,” states the IID’s Board of Directors Governance Manual.
With Garber no longer present at board meetings — open or closed — is he still acting in the capacity of general counsel?
IID Director Matt Dessert declined to comment, saying only that Garber is still employed as the general counsel. Nor did Dessert comment when asked if Taylor is doing the work of the general counsel.
“He (Taylor) has sat in the seat,” Dessert said, referring to the seat that is ordinarily occupied by the general counsel.
Hanks confirmed that Garber still is general counsel and under the supervision of the general manager.
“I couldn’t tell you what he’s doing,” he said when asked what kind of work Garber is presently doing for the district.
The Board of Directors Governance Manual states the general counsel reports to both the general manager and to the board of directors, and that the general manager shall hire, evaluate and terminate the general counsel upon consultation with the board.
Garber and Taylor declined to comment when asked for clarification.
Kelley said that Garber remains the general counsel, and “the only way that can change is if the board takes action.”
Staff Writer Antoine Abou-Diwan can be reached at 760-337-3454 or aabou-diwan@ivpressonline.com
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