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Water District Anticipates Litigation
about employee and retiree health benefits

Rio Linda Elverta News March 24, 2005
By Jay O'Brien


The Rio Linda/Elverta Community Water District Board of Directors' health-benefits ad hoc committee, consisting of Directors Mary Harris and Jim Strutton, hired attorney Richard Chiurazzi earlier this month as an additional attorney for the District, according to Strutton, "to help us out with this in the legal areas". A Board closed session was held before the regular public Board meeting on March 21st, that, according to the published agenda, was to "...confer with counsel concerning pending and potential litigation concerning employee and retiree health benefits. It has been determined by counsel [Chiurazzi] there exists a significant exposure to litigation. The number of cases are unknown at this time."

After meeting for an hour in closed session, the Board reported that there was no action taken. Legal expenses with Chiurazzi to date are $400, according to Board President Darrell Nelson.  "We are continuing to look into the situation, but we are making progress", said Strutton, "We are continuing to progress and move on. I don't want to go into any detail at this point because of exactly why we had the closed session."

Even though the closed session was called specifically to discuss litigation, Director Mary Harris apparently went beyond the scope of the closed session meeting. During the following public Board session, Harris, discussing the expense statement breakdowns, said to General Manager Dave Andres, "We've got to break this down. Like I told you in closed session, there's a discrepancy between the two, and I am in contact with (attorney). They're looking at it like the other attorney." Harris did not explain her statement to those in attendance at the public meeting.

Harris, during the discussion of the District's financial reports, asked that additional details be provided. Harris said, "I received as a public document from PERS [California Public Employees' Retirement System], the health benefits breakdown, and it had the names, and the amounts, and something else there, so I think if PERS gives that to us as a breakdown, Rio Linda Water District should be able to give us that, as a breakdown." Harris did not provide copies to the public of the "public document" she claims she received from PERS. The NEWS has requested the District to make public a copy of the "public document" cited by Harris.

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