You are on page 1of 9

December 21, 2018

Dear Board Members,
It has come to my attention that Director Compensation may have been miscalculated for an unknown
period of time in connection with several board members, past and present. I have requested additional
information and am researching the past irregularities and will report the conclusions to you.
Please find the attached tables of Los Osos Community Services District Directors Compensation
requested and received since January 2017. It appears bylaw 9.2 conflicts with the Government Code, in
that the Board President is no more important than other directors and the board acts only as a whole
and not as individuals. Furthermore, it is important to note that LOCSD Vice President, Marshall Ochylski,
receives no compensation -- according to bylaw 9.5 his compensation should be accruing in a training
fund for board members. To my knowledge there is no such accounting or fund. This underscores the
inconsistencies with the bylaws themselves.
LOCSD Board Bylaw/Government Code reference (adopted in 2018):

The summary detail of the analysis below suggests several directors, past and present, have requested
and received compensation for meetings that were not in compliance with bylaws above as they “day’s
service rendered as a Director” was not performed as a “request of the Board of Directors.” This
compensation also violates Government Code Section 61047 where compensation for “meetings” is
defined by state statute (below).
Government Code Section 61047

(a) The board of directors may provide, by ordinance or resolution, that each of its members may receive
compensation in an amount not to exceed one hundred dollars ($100) for each day of service. A member of the board
of directors shall not receive compensation for more than six days of service in a month.

(b) The board of directors, by ordinance adopted pursuant to Chapter 2 (commencing with Section 20200) of Division
10 of the Water Code, may increase the amount of compensation that may be received by members of the board of
directors.

(c) The board of directors may provide, by ordinance or resolution, that its members may receive their actual and
necessary traveling and incidental expenses incurred while on official business. Reimbursement for these expenses is
subject to Sections 53232.2 and 53232.3.
(d) A member of the board of directors may waive any or all of the payments permitted by this section.

(e) For the purposes of this section, a “day of service” means any of the following:
(1) A meeting conducted pursuant to the Ralph M. Brown Act, Chapter 9 (commencing with Section 54950) of
Part 1 of Division 2 of Title 5.
(2) Representation of the district at a public event, provided that the board of directors has previously
approved the member’s representation at a board of directors’ meeting and that the member delivers a
written report to the board of directors regarding the member’s representation at the next board of directors’
meeting following the public event.
(3) Representation of the district at a public meeting or a public hearing conducted by another public agency,
provided that the board of directors has previously approved the member’s representation at a board of
directors’ meeting and that the member delivers a written report to the board of directors regarding the
member’s representation at the next board of directors’ meeting following the public meeting or public
hearing.
(4) Representation of the district at a meeting of a public benefit nonprofit corporation on whose board the
district has membership, provided that the board of directors has previously approved the member’s
representation at a board of directors’ meeting and the member delivers a written report to the board of
directors regarding the member’s representation at the next board of directors’ meeting following the
corporation’s meeting.
(5) Participation in a training program on a topic that is directly related to the district, provided that the
board of directors has previously approved the member’s participation at a board of directors’ meeting, and
that the member delivers a written report to the board of directors regarding the member’s participation at
the next board of directors’ meeting following the training program.
(Added by Stats. 2005, Ch. 249, Sec. 3. Effective January 1, 2006.)

It appears many “meetings” attended, and compensated for, were not Brown Act noticed and not
“previously approved” by the board of directors, nor were written reports submitted to the board.
Below I have provided highlighted items that are not eligible for compensation under State law; including
Ad Hoc Committee meetings, meetings with staff and/or consultants, meetings with members of the
public (i.e. Chair of LOCAC and Committee Members).
While this irregularity may be an unintended oversight, the very form by which the stipend is requested
clearly cites the parameters for eligible compensation. It is important to recover these funds from all
board members who have been compensated in this fashion as soon as possible. Again, I will be
submitting more analysis in the coming weeks, as the data is made available to me. I would ask that the
$.10 per page photo copying charge be waived, as these documents could be scanned and sent to me at no
charge.
Thank you for immediate attention to this very important matter.

Julie Tacker

PO Box 6070
Los Osos, CA 93412
LOCSD President, Vicki Milledge, Compensation January 2017-September 2018
Running
total of Date Meeting
Irregularities
January 2017
1/05/17 Regular Board Meeting
February 2017
2/02/17 Regular Board Meeting
1 2/06/17 RCAC (Rural Community Assistance Corporation?)Info Session Meeting
2/16/17 Emergency Services Committee
2 2/23/17 Chief Taylor
March 2017
3/02/17 Regular Board Meeting
3 3/23/17 CSD Agenda Meeting (Vice Chair in 2017)
4 3/28/17 Ad Hoc Committee Meeting
5 3/30/17 Ad Hoc Committee Meeting
April 2017
4/06/17 Regular Board Meeting
4/11/17 Special Board Meeting
6 4/19/17 Ad Hoc Committee Meeting
7 4/25/17 CSD Agenda Meeting (Vice Chair in 2017)
May 2017
5/04/17 Regular Board Meeting
8 5/08/17 Ad Hoc Committee
9 5/11/18 ESAC Agenda & Chief Meeting
5/16/17 ESAC Meeting
10 5/22/17 CSD Agenda Meeting (Vice Chair in 2017)
June 2017
6/01/17 Regular Board Meeting
11 6/12/17 General Manager Meeting
12 6/20/17 Chief Spinharney
13 6/22/17 Attorney Hanley
14 6/26/17 CSD Agenda Setting Meeting
July 2017
7/06/17 Regular Board Meeting
15 7/10/17 Staff (redacted name) meeting
16 7/13/17 Chief Jalbert, Chief Spinharney, Chief Alex Meeting
17 7/18/17 Utility Manager Interviews
18 7/21/17 President Storm & Attorney Hanley
19 7/24/17 CSD Agenda Setting (Vice Chair in 2017)
August 2017
20 8/02/17 Ad Hoc w/Storm
8/03/17 Regular Board Meeting
21 8/18/17 GM Osborne, District Engineer
22 8/28/17 CSD Agenda Setting (Vice Chair in 2017)
September 2017
9/07/17 Regular Board Meeting
9/21/17 Special Board Meeting
23 9/25/17 CSD Agenda Setting (Vice Chair in 2017)
October 2017
10/12/17 Special Board Meeting
24 10/18/17 CSDA Quarterly Meeting
25 10/22/17 President Storm
10/24/17 Special Board Meeting
26 10/16/17 LOCAC Report
November 2017
11/02/17 Regular Board Meeting
11/15/17 Special Board Meeting
December 2017
12/07/17 Regular Board Meeting
January 2018
27 1/09/18 CSD Agenda Setting
28 1/11/18 Fire Fuel Reduction
29 1/17/18 Utilities Advisory Committee
1/18/18 Regular Board Meeting
30 1/22/18 CSD Agenda Setting
31 1/29/18 Finance Advisory Committee
February 2018
2/02/18 Regular Board Meeting
32 2/06/18 GM Osborne
33 2/09/18 Chief Jalbert
34 2/15/18 Sherriff’s Townhall Meeting
35 2/20/18 CSD Agenda Setting
36 2/26/18 Finance Advisory Committee
March 2018
37 3/6/18 Cheri Grimm
38 3/9/18 Cuesta College District 2 Meeting
39 3/12/18 GM Osborne
40 3/15/18 Fire Safe Council
41 3/19/18 PRE-CSD Agenda Setting
42 3/27/18 CSD Agenda Setting
April 2018
4/05/18 Regular Board Meeting
43 4/06/18 GM Osborne
44 4/11/18 Director Cesena re: ESAC
45 4/18/18 Utility Advisory Committee
46 4/19/18 Fire Safe Council
47 4/24/18 Chief Spinharney & Director Cesena
May 2018 is Missing

June 2018
48 6/04/18 Finance Advisory Committee
49 6/06/18 Director Womack & GM Osborne
6/07/18 Regular Board Meeting
50 6/15/18 Fire Safe Council
6/26/18 Special Board Meeting
July 2018
51 7/02/18 Finance Advisory Committee
7/05/18 Regular Board Meeting
52 7/23/18 12th Street Lot
7/24/18 Emergency Services Advisory Committee
53 7/26/18 LOCAC
54 7/30/18 Finance Advisory Committee
August 2018
8/02/18 Regular Board Meeting
55 8/07/18 Parks & Recreation Committee Meeting
56 8/13/18 Stormwater
57 8/15/18 Utilities Advisory Committee
58 8/20/18 Fire Fuel Reduction
59 8/23/18 LOCAC
September 2018
9/06/18 Regular Board Meeting
60 9/11/18 Parks & Recreation Committee Meeting
9/17/18 Fire Safe Council
61 9/19/18 Special Board Meeting
62 9/20/18 David Harris LOCAC Chair

LOCSD Director, Jon-Erik Storm, Compensation February 2017-November 2018
Running
total of Date Meeting
irregularities
February 2017
2/02/17 Regular Board Meeting
1 2/09/17 Ad Hoc
2 2/06/17 Ad Hoc
3 2/14/17 Ad Hoc
4 2/16/17 Ad Hoc
5 2/21/27 Ad Hoc
March 2017
6 3/14/17 Ad Hoc Gov’t Service
7 3/16/17 Ad Hoc 2701
8 3/22/17 Ad Hoc 2701
9 3/23/17 Agenda
10 3/28/17 Ad Hoc Gov’t Service
11 3/30/17 Ad Hoc Gov’t Service
April 2017
12 4/04/17 9.2 BOS BMC Funding
13 4/07/17 Ad Hoc
4/06/17 Regular Board Meeting
4/11/17 Special Board Meeting
14 4/19/17 Ad Hoc Gov’t Service
15 4/25/17 Agenda
May 2017
16 5/02/17 Water Rate/Kiwanis Club
5/04/17 Regular Board Meeting
17 5/08/17 Water Rate/Lions Club
18 5/11/17 Ad Hoc
19 5/25/17 Finance Advisory Committee
June 2017
6/01/17 Regular Board Meeting
20 6/04/17 Ad Hoc
6/15/17 Special Board Meeting
21 6/21/17 Ad Hoc
22 6/26/17 Agenda
23 6/27/17 Ad Hoc
July 2017
24 7/03/17 Ad Hoc
7/06/17 Regular Board Meeting
25 7/07/17 Ad Hoc
26 7/13/17 Ad Hoc
27 7/21/17 Ad Hoc
28 7/28/17 Ad/Hoc
August 2017
29 8/01/17 Ad Hoc
8/03/17 Regular Board Meeting
30 8/21/17 Agenda
September 2017
9/07/17 Regular Board Meeting
October 2017
10/12/17 Special Board Meeting
31 10/22/17 Ad Hoc
10/24/17 Special Board Meeting
November 2017
11/02/17 Regular Board Meeting
32 11/07/17 Ad Hoc
33 11/10/17 Ad Hoc
11/15/17 Special Board Meeting
34 11/27/17 Agenda
35 11/30/17 Ad Hoc
December 2017 Missing
January 2018
1/18/17 Regular Board Meeting
LOCSD Director, Chuck Cesena, Compensation February 2017-September 2018
Running
total of Date Meeting
irregularities
February 2017
2/02/17 Regular Board Meeting
2/16/17 Utility Advisory Committee
March 2017
3/02/17 Regular Board Meeting
3/16/17 Utility Advisory Committee
April 2017
4/06/17 Regular Board Meeting
4/11/17 Special Board Meeting
4/19/17 Utility Advisory Committee
May 2017
5/04/17 Regular Board Meeting
5/17/17 Utility Advisory Committee
June 2017
06/01/17 Regular Board Meeting
06/15/17 Special Board Meeting
06/21/17 Utility Advisory Committee
July 2017
7/06/17 Regular Board Meeting
August 2017
8/03/17 Regular Board Meeting
September 2017
9/07/17 Regular Board Meeting
9/20/17 Utility Advisory Committee
9/21/17 Special Board Meeting
October 2017
10/03/17 IRWM
10/12/17 Special Board Meeting
10/18/17 Utility Advisory Committee
10/24/17 Special Board Meeting
November 2017
11/01/17 IRWM
11/02/17 Regular Board Meeting
11/15/17 Special Board Meeting
1 11/15/17 Utility Advisory Committee (2nd mtg. in single day)
December 2017
12/07/17 Regular Board Meeting
January 2018 (did not attend)
February 2018
2/01/18 Regular Board Meeting
2/07/18 IRWM
2/21/18 Utility Advisory Committee
March 2018
3/01/18 Regular Board Meeting
3/07/18 IRWM
3/21/18 Utility Advisory Committee
April 2018
4/05/18 Regular Board Meeting
4/18/18 Utility Advisory Committee
May 2018
5/03/18 Regular Board Meeting
5/16/18 Utility Advisory Committee
June 2018
6/07/18 Regular Board Meeting
6/20/18 Utility Advisory Committee
6/26/18 Special Board Meeting
July 2018
7/05/18 Regular Board Meeting
August 2018
8/02/18 Regular Board Meeting
8/15/18 Utility Advisory Committee
8/30/18 Special Board Meeting
September 2018
9/09/18 Regular Board Meeting
9/19/18 Special Board Meeting
LOCSD Director, Lou Tornatzky, Compensation February 2017-September 2018
Running
total of Date Meeting
irregularities
February 2017
2/02/17 Regular Board Meeting
March 2017
3/02/17 Regular Board Meeting
3/07/17 Parks & Recreation Committee
3/11/17 Special Board Meeting
April 2017
4/06/17 Regular Board Meeting
4/11/17 Special Board Meeting
May 2017
5/02/17 Parks & Recreation Committee
5/04/17 Regular Board Meeting
June 2017
6/01/17 Regular Board Meeting
6/15/17 Special Board Meeting
July 2017
7/06/17 Regular Board Meeting
August 2017
8/1/17 Parks & Recreation Committee
8/3/17 Regular Board Meeting
September 2017
9/07/17 Regular Board Meeting
9/21/17 Special Board Meeting
October 2017
10/12/17 Special Board Meeting
10/24/17 Special Board Meeting
November 2017
11/02/17 Regular Board Meeting
11/15/17 Special Board Meeting
December 2017
12/05/17 Parks & Recreation Committee
12/07/17 Regular Board Meeting
January 2018
1/18/18 Regular Board Meeting
February 2018
2/01/18 Regular Board Meeting
March 2018
3/01/18 Regular Board Meeting
April 2018
4/03/18 Parks & Recreation Committee
4/05/18 Regular Board Meeting
May 2018
5/01/18 Parks & Recreation Committee
5/03/18 Regular Board Meeting
June 2018
6/07/18 Regular Board Meeting
6/26/18 Special Board Meeting
July 2018
7/03/18 Parks & Recreation Committee
7/05/18 Regular Board Meeting
August 2018
8/02/18 Regular Board Meeting
8/07/19 Parks & Recreation Committee
8/30/18 Special Board Meeting
September 2018
9/09/18 Regular Board Meeting
9/11/18 Parks & Recreation Committee
9/19/18 Special Board Meeting

LOCSD Director, Christine Womack, Compensation April 2018-November 2018
Running
total of Date
irregularity April 2018
4/05/18 Regular Board Meeting
1 4/30/18 Finance Advisory Committee
May 2018
5/03/18 Regular Board Meeting
June 2018
6/07/18 Regular Board Meeting
6/26/18 Special Board Meeting
July 2018
7/05/18 Regular Board Meeting
2 7/30/18 Finance Advisory Committee
August 2018
3 8/30/18 Basin Management Committee
September 2018
9/30/18 Regular Board Meeting
November 2018
11/01/18 Regular Board Meeting