Another IWD Brown Act violation may have occurred

Idyllwild Water District directors may have violated the Brown Act (the California open meetings law) in the March 29 special meeting by voting on the rate study for both water and sewer under discussion and not action items.

“Procedural error. We will have to correct that at the next meeting. We should have directed our Rate Study firm to present the indicated numbers not voted on a discussion item. Thank you for pointing that out,” wrote former President Charles Schelly in an email later.

However, another Brown Act violation also may have occurred at the same meeting following closed session.

The Town Crier learned from the upcoming meeting agenda packet that Schelly stepped down as president in a closed session at that meeting discussing General Manager Leo Havener’s performance, leaving the meeting before closed session ended.

However, the board did not report out any actions from the closed session in a possible violation of the Brown Act.

The minutes read: “President Schelly left the Closed Session and meeting at 7:58 p.m. The Board resumed Open Session at 8:03 p.m.”

Resigning as IWD president is an action both not on the agenda and not reported out of closed session.

“At the last Board meeting during Closed Session, President Schelly resigned as Board President, and stepped down to serve as a Board Member. As I was not in Closed Session at the time this occurred … I have no knowledge as to the reason Schelly decided to do so,” wrote Havener later.

By press time, Schelly had not responded to a request for comment on why he resigned.

Vice President Peter Szabadi confirmed in an email that he is acting president.

According to the Brown Act: “The legislative body of any local agency shall publicly report any action taken in closed session and the vote or abstention on that action of every member present, as follows:

“54957.7 (b) After any closed session, the legislative body shall reconvene into open session prior to adjournment and shall make any disclosures required by Section 54957.1 of action taken in the closed session.

“(c) The announcements required to be made in open session pursuant to this section may be made at the location announced in the agenda for the closed session, as long as the public is allowed to be present at that location for the purpose of hearing the announcements.”

The IWD minutes for the closed session state: “No reportable action.”

This Wednesday, April 19, at 6 p.m., the board will meet for its regular monthly meeting. On the agenda is Item 5 — Election of Officers of the Board of Directors.

The board will vote on a president and vice president to serve through the remainder of 2023.