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OCSD denies ex-legal counsel request to work with Central Coast Blue 

The Central Coast Blue Regional Recycled Water Authority is still on the hunt for an attorney after the Oceano Community Services District (OCSD) denied a conflict-of-interest waiver request from the law firm that resigned from the district last year.

Law Firm Adamski, Moroski, Madden, Cumberland, Green LLC had represented the OCSD for 10 years when it gave written notice to the district on Oct. 13, 2023. That resignation was contingent upon the district appointing new legal counsel, according to an email the law firm sent to the OCSD.

click to enlarge REQUEST DENIED The Oceano Community Services District recently denied a request from its previous legal counsel to sign a potential conflict of interest. - FILE PHOTO BY JAYSON MELLOM
  • File Photo By Jayson Mellom
  • REQUEST DENIED The Oceano Community Services District recently denied a request from its previous legal counsel to sign a potential conflict of interest.

The district appointed Robert Schultz as its interim district legal counsel on Dec. 20, 2023. Eight days later, on Dec. 28, the firm sent a letter confirming that it was no longer representing the OCSD.

That same month, Central Coast Blue notified the law firm that it was selected to represent the water authority.

"At the conclusion of our interview with [Adamski, Moroski, Madden, Cumberland, Green] on Dec. 4, 2023, the board directed me to move forward with a report and draft an agreement for consideration for appointment at a future meeting," Central Coast Blue General Manager Geoff English told New Times. "Those appointments need to be made during a regular meeting, so it was agenized for Feb. 1."

The law firm then asked the OCSD to sign off on a conflict advisement letter regarding its upcoming move to represent Central Coast Blue on Feb. 2, 2024, which Schultz recommended that the OCSD board deny.

"Even though we are not aware of the existence of any actual conflicts, there may be an appearance of conflict which we would rather address than avoid," the email from the law firm read.

Through the law firm's own research, which is supported by consultation with State Bar ethics counsel and through consultations with attorneys practicing municipal law throughout California, it concluded that there was no current or possible future conflicts.

"Our firm is not asking you to waive any legal conflicts as there are no such conflicts currently. Our letter was only intended to advise you of our duties to you as a former client, including our obligation to protect your confidential client information, and what we would do if a conflict were on arise in the future," the firm stated in a follow-up letter to the OCSD.

But in a staff report from Feb. 28, Schultz said that the law firm had provided the OCSD with substantial legal advice about existing water supplies and the risks associated with the Santa Maria groundwater adjudication and Central Coast Blue. While Oceano was initially going to be one of the areas served by Central Coast Blue, it pulled out of the deal.

"[The law firm] has researched and provided legal analysis for the OCSD on the advantages and disadvantages, the benefits and impacts, and the risks associated with the CCB [Central Coast Blue]," the staff report stated.

After the OCSD's board voted to deny the firm's request, the firm sent an email to English saying it was no longer planning to work for Central Coast Blue.

"While we would enjoy working with you and your board, it is unwise for us to draw any unwanted and negative attention to the board. The cause you folks are working for is a good one, and we should not be a distraction for it," the email stated. "We do not want to hamper [Central Coast Blue's] ability to approach OCSD in the future. If our firm accepted this representation against the desire of OCSD, we are concerned that doing so could harden relations between your two boards."

English said they are interviewing other law firms to represent Central Coast Blue. Δ

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