A major change to the Oceano Community Services District’s bylaws had its district counsel concerned about a fate similar to the Ottoman Empire’s.
“The reason we have five of you is for you to build a consensus, not to have one or two members put whatever on the agenda,” said OCSD District Counsel Chase Martin. “Instead of balkanizing the board, you actually act as a body.”
Balkanization—the fragmentation of a larger state or region into smaller territories that are mutually hostile to one another—became a hotly debated issue during the Feb. 8 meeting where they discussed bylaw changes.
In a 3-2 vote, the board decided to allow two directors to approve placing an item on the agenda for discussion, as opposed to the current bylaw requiring a majority of three directors to do the same. OCSD directors Linda Austin and Shirley Gibson dissented, claiming that the ease of putting items on the agenda would create lengthy meetings and waste CSD money, resources, and time.
Martin told the board that he had researched other boards and public agencies in the county to find precedent for such a change.
“It’s not anomalous but rare,” he said.
Of the 12 special districts that Martin studied, the Cambria Community Healthcare District is the only one where any board member can agendize an item while the chair and the general manager prepare it. All the other boards put items on the agenda based on different combinations of chair, general manager, and majority member approvals.
The OCSD’s move to stray from the typical format stemmed from board member Charles Varni’s opposition to the chair or board president having special powers.
One of the bylaws said that the president or a board majority can direct CSD staff to place items on the agenda. In the absence of the president at OCSD meetings, the vice president assumes the top role. Varni, who previously expressed ambitions to be vice president, told New Times on Feb. 21 that he doesn’t support the privileges awarded to the president.
“I don’t know why the president should have any more power than any of the other directors, especially when it’s considered a service position,” he told New Times.
Varni countered Martin’s apprehension that an agenda item placed by two members could divide the board internally. At the meeting, he said that in the past, under the majority rule, some important issues for the Oceano community never made the agenda. Varni elaborated to New Times via email.
“Two specific items I recall are they refused to agendize the Phillips 66 Crude oil train project in Nipomo, and also refused to put [former] Director Cynthia Replogle’s motion to protect her from sexual, emotional, and physical harassment from citizens stalking her,” he said. “I also recall her being unable to get the votes to do a performance review for the general manager [Will Clemens].”
Though the board approved the bylaw change, it hasn’t taken effect yet. Varni told New Times that Clemens told the board he would agendize the finalization for the Feb. 22 meeting.
In spite of majority approval, including from board President Allene Villa, the item is absent from that meeting’s agenda.
“[Clemens] didn’t tell me why it wasn’t on the agenda,” Villa said. “I assume it’s because he wants to be present.”
An automated email from Clemens stated that he will be out of office until March 2. Carey Casciola, the CSD’s business and accounting manager, told New Times that a resolution will be brought back before the board in March so the bylaw update can get settled. Δ
This article appears in Weddings 2023.
Oceanoans appreciate New Times and reporter Bulbul’s attention to our community. Hopefully the next few months will see more positive changes reported on. My main concern in seeking a by-law change onn how Directors could get items on the agenda was the old “three Directors” rule. This could and did result in three Directors controlling the agenda and two directors not seeing their topics given discussion. I am grateful that Directors Suneson and Villa joined me in making this change.
Regarding the President’s authority to unilaterally put an item on the agenda I have less concern. The differentiation in power doesn’t particularly make sense to me but I can live with it. I know President Villa is deeply committed to the good of the entire community.
“Three directors rule”? It’s called consensus, Mr. Varni. Ever heard of it?