02 - Minutes Special Meeting 2013-01-14 C OSTA M ESA S ANITARY D ISTRICT M INUTES OF B OARD OF D IRECTORS S PECIAL M EETING J ANUARY 14 , 2013 ______________________________________________________________________ C ALL TO O RDER The Board of Directors of the Costa Mesa Sanitary District met in spe cial session on January 1 4 , 2013 at 4 :28 p .m . at 628 W. 19 th Street, Costa Mesa. R OLL C ALL D IRECTORS P RESENT : D IRECTORS A BSENT : James Ferryman, Art Perry, Mike Scheafer, Robert Ooten Jim Fitzpatrick S TAFF P RESENT : Scott Carroll, General Manager ; Noelani Middenway, Deputy District Clerk; Alan Burns, District Counsel O THERS P RESENT : Jim Mosher, Newport Beach Resident ; Bradley Zint, Daily Pilot P UBLIC C OMMENT President Ferryman invited members of the public to address the Board. There w as one public comment regarding the fundamental incompatibility of a Board member holding two offices. It was also stated that the Attorney General did not find that the holding of both offices were incompatible. District Counsel Burns responded to the public comment and noted that the Attorney General did find that the offices were incompatible . President Ferryman announced that on January 14, 2013 the District received a letter of resignation from Jim Fitzpatrick vacating his position of Director on the Costa Mesa Sanitary District Board of Directors effective immediately.
C OSTA M ESA S ANITARY D ISTRICT P AGE 2 M INUTES OF THE B OARD OF D IRECTORS S PECIAL M EETING H ELD J ANUARY 1 4 , 2013 ________________________________________________________________ Director Perry moved to enter into closed session. Director Scheafer seconded the motion, which carried 4 -0. A DJOURN TO C LOSED S ESSION WITH L EGAL C OUNSEL TO D ISCUSS A TTORNEY G E NERAL ’S O PINION AND LITIGATION OPTIONS P URSUANT TO G OVERNMENT C ODE S ECTIONS 54956.9(A ) AND (C ) R ECONVENE TO O PEN S ESSION AND M AKE ANY A PPROPRIATE A NNOUNCEMENTS President Ferryman reconvened to open session at 4:45 p.m . and noted that the Board had review ed and accepted the resignation of Jim Fitzpatrick . He further stated that the Board agree d with the Attorney General’s findings and will not pursue further legal action against former Board Member Fitzpatrick. He noted that the Board was pleased that the Attorney General agreed with the Board and felt that the Board undertook the proper procedure s to protect the public’s rights in preventing an incompatibility of office. President Ferryman excused himself from the meeting. Director Ooten provided commen ts regarding the content of Mr. Fitzpatrick’s letter of resignation and indicated that the former Director had made several incorrect assumptions that were not in accordance with the findings of the Attorney General. General Manager Carroll indicated tha t a press release announcing the resignation of Mr. Fitzpatrick would be sent out at the end of the meeting. A DJOURNMENT Vice President Scheafer adjourned the meeting at 4 :48 p.m. _________________________ _________________________ Art Perry James Ferryman Secretary President