Minutes - Board - 2013-01-14 ASP SANl7gRy
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS SPECIAL MEETING
JANUARY 14, 2013
CALL TO ORDER The Board of Directors of the Costa Mesa
Sanitary District met in special session on
January 14, 2013 at 4:28 p.m. at 628 W. 19th
Street, Costa Mesa.
ROLL CALL DIRECTORS PRESENT: James Ferryman, Art Perry, Mike Scheafer,
Robert Ooten
DIRECTORS ABSENT: Jim Fitzpatrick
STAFF PRESENT: Scott Carroll, General Manager; Noelani
Middenway, Deputy District Clerk; Alan
Burns, District Counsel
OTHERS PRESENT: Jim Mosher, Newport Beach Resident;
Bradley Zint, Daily Pilot
PUBLIC COMMENT
President Ferryman invited members of the public to address the Board.
There was 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.
COSTA MESA SANITARY DISTRICT PAGE 2
MINUTES OF THE BOARD OF DIRECTORS SPECIAL MEETING
HELD JANUARY 14, 2013
Director Perry moved to enter into closed session. Director Scheafer seconded the
motion, which carried 4-0.
ADJOURN TO CLOSED SESSION WITH LEGAL COUNSEL TO DISCUSS ATTORNEY GENERAL'S
OPINION AND LITIGATION OPTIONS PURSUANT TO GOVERNMENT CODE SECTIONS 54956.9(A)
AND(C)
RECONVENE TO OPEN SESSION AND MAKE ANY APPROPRIATE ANNOUNCEMENTS
President Ferryman reconvened to open session at 4:45 p.m. and noted that the Board
had reviewed and accepted the resignation of Jim Fitzpatrick. He further stated that the
Board agreed 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 procedures to protect the public's rights in preventing an incompatibility of office.
President Ferryman excused himself from the meeting.
Director Ooten provided comments 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 that a press release announcing the resignation of
Mr. Fitzpatrick would be sent out at the end of the meeting.
ADJOURNMENT
Vice President Scheafer adjourned the meeting at 4:48 p.m.
Art Perry J.1 es Ferryman
Secretary r-sident