Editorial: Secrecy puts desal project in deep hole
The Monterey County Herald 08/03/2011
ABSTRACT: CONFIDENTIALITY AND NONDISCLOSURE AGREEMENT regarding the Regional Desalination Project, dated and entered into as of June 17, 2011 by and between the Mayors of the Cities of Carmel-by-the-Sea, Del Rey Oaks, Monterey, Pacific Grove, Sand City and Seaside “for the purpose of binding each Mayor executing this Agreement, the respective City represented by each Mayor, and the staff of each respective City, to the terms of this Agreement,” is embedded. The signatory parties include, but not limited to, City of Carmel-by-the-Sea Mayor, Sue McCloud; City of Del Rey Oaks Mayor, Jerry Edelen; Monterey Mayor, Chuck Della Sala; Pacific Grove Mayor, Carmelita Garcia; City of Sand City Mayor, David Pendergrass; and City of Seaside Mayor, Felix Bachofner and respective city managers. The existence of the AGREEMENT became known to the public after attorney Michael Stamp, representing The Open Monterey Project, filed public records requests for the agreements and Carmel-by-the Sea City Attorney Don Freeman decided to release the AGREEMENT last week. Although the AGREEMENT has been made public, attorney Michael Stamp stated that “he has yet to receive any document, which he requested, showing how the agreement was proposed and acted on, and authorized, as well as the mayors’ authority to impose the terms of the agreement on city officials and staff,” according to reporting in The Monterey County Herald, 2 August 2011. Attorney Michael Stamp, in a BRIEF OF AMICUS CURIAE (COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT, DIVISION THREE SIERRA CLUB, Petitioner, v. SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF ORANGE, Respondent. COUNTY OF ORANGE, Real Party in Interest), wrote, as follows: “The California Constitution guarantees that access to government information is a fundamental right” and “Under the California Public Records Act, the Legislature and the Courts consistently have declared the importance of the right of public access and meaningful public participation in local government. Those rights are fundamental and essential to open government and to the democratic process itself.”
Note: The Open Monterey Project, “an unincorporated nonprofit association active in environmental and open government matters in Monterey County and throughout California” was established in 2002 and “has taken a leading role in promoting the California Public Records Act (CPRA) in several cases and in public educational efforts.”
CONFIDENTIALITY AND NONDISCLOSURE AGREEMENT
CONFIDENTIALITY AND NONDISCLOSURE AGREEMENT
(courtesy of Monterey County Weekly)
HIGHLIGHTS:
CONFIDENTIALITY AND NONDISCLOSURE AGREEMENT, dated and entered into as of June 17, 2011 by and between the Mayors of the Cities of Carmel-by-the-Sea, Del Rey Oaks, Monterey, Pacific Grove, Sand City and Seaside for the purpose of binding each Mayor executing this Agreement, the respective City represented by each Mayor, and the staff of each respective City, to the terms of this Agreement.
The Cities are engaged with the governance and oversight over the Project as constituents of the Municipal Advisor that is a non-voting member of the Advisory Committee, which is the governing body for the Project.
Various recent developments have raised questions concerning the Project’s timing and feasibility (including financial feasibility). These developments include a pending lawsuit filed against the Project filed by the Ag land Trust, and investigations into the approval of the Project by MCWRA in light of a possible conflict of interest by one of its Directors.
Because of these recent developments the Cities desire to communicate openly among themselves about how these matters affect the Project or an equivalent alternative project, the adequacy and effectiveness of the present Project governance, and related concerns for Project timing to meet critical water supply deadlines set forth in the CDO. Given the various present uncertainties, including the pending lawsuit and the investigations referenced above, it is important that the Cities’ communications concerning the Project be kept confidential for the immediate future.
AGREEMENT
Purpose. The purpose of this Agreement is to provide assurances that the Confidential Information disclosed hereunder will be kept confidential by the Cities and their respective Mayors and staff during the Period of Confidentiality.
Period of Confidentiality. The Period of Confidentiality shall extend from the Effective Date for an initial period of ninety (90) days, which may be extended or shortened by unanimous written agreement of the Mayors.
Term. This Agreement shall remain in effect for one (1) year from the Effective Date.
Press Comments for the Mayors
The six Peninsula Mayors have had initial discussions regarding the recent revelations surrounding the Regional Project. The Mayors are disappointed by the issues associated with Mr. Collins and his actions that potentially threaten the validity of the RMC project management contract and the Water Purchase Agreement. The Mayors remain unanimous in their support of the Regional Project as the only project far enough along in its conceptual/technical development that it has the potential to provide water in time to avert the draconian economic impacts associated with the Cease and Desist order, scheduled to go into effect December 31, 2016.
The Mayors await the investigative finding s to determine the appropriate next steps, on the part of the cities, to ensure that a reliable and timely water supply for the peninsula is put in place. The Mayors are aware of the other potential water project concepts that are being discussed and encourage the responsible agencies to continue development of theses concepts. The Mayors completely understand and are focused on the critical need for a new, sustainable and reliable water supply to be developed for the Monterey Peninsula, so that the Peninsula can maintain economic viability.
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Mayors Sign Confidentiality Agreement On Regional Desal Project
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By JIM JOHNSON Herald staff writer 08/02/2011
5 comments:
The six mayors and council members, six city managers, five city attorneys have irretrievably destroyed the public trust. All the mayors and council members should have enough shame to resign. A complete investigation should be conducted by the STATE ATTORNEY GENERAL'S OFFICE ASAP and/or a lawsuit filed by The Open Monterey Project. Their conduct was outrageous and they have no business representing anybody in public office.
Not to mention it appears the instigator of these secret meetings and CONFIDENTIALITY AND NONDISCLOSCURE AGREEMENT was none other than Carmel Mayor Sue McCloud with the willing assistance of City Attorney Don Freeman. Freeman has a long history of acting more as the mayor’s personal attorney than the peoples’ attorney to make certain the mayor and council members obey the law.
Sue thinks the conspiracy of silence is too big to fail, there are too many mayors, city managers, city attorneys and city council members involved to result in recalls or pressure on them all to resign. So no remorse and business as usual in Carmel and voters will all forget about it by April 2012.
So much for open and transparent government. What was Jason thinking? He just followed Sue's lead without thinking of the consequences.
Shame on all these officials and city employees. Hopefully, the State Attorney General will investigate and file charges against all of them as an example to all California city officials and employees.
The mayors' press release says "The Mayors remain unanimous in their support of the Regional Project as the only project far enough along in its conceptual/technical development that it has the potential to provide water in time to avert the draconian economic impacts associated with the Cease and Desist order, scheduled to go into effect December 31, 2016."
If the mayors are unanimous in their support of the Regional Seawater Desal Project, and only have an advisory role, why did they feel the need to meet in secret away from the public on a project of huge concern to the public? The public deserves to know when they met, what they discussed and what authority the city attorney cited to these mayors and council members for his need to write up a confidentiality agreement and for them to sign off on it. These mayors are peripheral to the project, but they seem to think they have a central role to play. Voters need to vote these mayors out of office ASAP for their bad judgement alone and obviously not thinking about the best interests of their constituents. They have done damage to the water solution process.
What makes Anonymous (posted at 11:46 AM)think that Jason just followed Sue's lead without thinking of the consequences?
That confidentialty agreement was signed without anyone else's knowledge; onlythe mayors of each city knew about it. The document was drafted by the lawyers representing the peninsula cities on the water issues. No City Council had seen it.
At the August 2nd council meeting, Jason wanted to ask questions about the confidentiality agreement. Sue tried to block his questions because it was "not on the agenda" even though she had just commented on the subject with the "Mayors' Talking Points." And it was during the report and comment section of the agenda that allows such questions.
Jason had obviously prepared Don Freeman with his questions and Don was willing to answer them in public.
Jason stated to Don: An individual council member or mayor cannot bind the other council members to the agreement. Don's request was "That's correct".
Jason went on to state that an indivudual council member or mayor cannot unilaterally create a liability by signing a document of that sort saying that if certain things happen, the city would be liable. Don's reply (you guessed it): "That's correct, unless authorized by the City Council to do so."
Jason finished with, "And, in this case it was not authorized by the City Council." Don's response (you're right again): "That's correct."
So Sue just sat their "undressed and naked" so to speak, with a look on her face that she had just failed to cover up what all the mayors were trying to hide.
Jason's maneuver was a thing of beauty. You had to be at the meeting to see it. The body language and facial expressions do not show on the video of the meeting.
Where is Carmel mayor's and city councils' public ad "we apologize?" We apologize for mishandling the Rich Guillen-Jane Miller affairs. We apologize for the secret meetings shenanigans. We apologize for violating the public trust. We apologize for being clueless about our role in running Carmel. We apologize and we beg for your forgiveness. This council so likes to spend other peoples money, why don't they pony up their own money to pay for an ad coming soon in a newspaper near us.
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