BOARD AGENDA MEMORANDUM
SUBJECT:
Title
Consideration of Waiver of Attorney-Client Privilege as to Records Requested by Auditor for the Lower Silver Creek Flood Protection Project Audit.
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RECOMMENDATION:
Recommendation
A. Consider waiving the attorney-client privilege as to the April 2011 Memorandum from Senior Assistant District Counsel Leslie Orta to Marc Klemencic (former COO Watersheds); and
B. Consider whether waiver of attorney-client privilege as to the 2015 fact-finding report related to contracting issues from Mike Moye, Esq, is appropriate and provide direction to staff.
Body
SUMMARY:
The Santa Clara Valley Water District (District) retained PMA Consultants LLC (PMA) to perform auditing services of the Lower Silver Creek Flood Protection Project, Consultant Agreement (A32776) with [the former] RMC Water and Environment. On February 27, 2018, the District's Board of Directors considered and approved the Board Audit Committee's recommendation to expand the scope of the Lower Silver Creek Flood Protection Performance Audit (Audit) to include, among other things, a review of the media allegations in newspaper reports and video to ensure they have been addressed. The approved Audit specifically included review of the Firewall Process as a task.
Moving forward with the revised audit, PMA has formally requested the following records from the District Counsel's Office:
(1) A copy of any 'Firewall Memorandum relating to Melanie Richardson; and
(2) The report prepared by Mike Moye, Esq., formerly of the law firm Hanson Bridget regarding its investigation of allegations of ethical violations, conflict of interest, and corruption surrounding the District's dealings with RMC Water and Environment Incorporated (fact finding investigation).
Each of these records is subject to the Attorney-Client privilege.
'Firewall' Memorandum
The "Firewall Memorandum," was written as conflict of interest advice from Senior Assistant District Counsel Leslie Orta...
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