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File #: 21-0066    Version: 1 Name:
Type: Board of Directors Item Status: Agenda Ready
File created: 1/13/2021 In control: Board of Directors
On agenda: 1/26/2021 Final action:
Title: Report of Former Board of Directors Chairperson Nai Hsueh, Upon Review of Investigation of May 27, 2020 Complaint Filed by Rev. Jethroe Moore, Against Directors Keegan and LeZotte.
Attachments: 1. Attachment 1: 052720 Complaint, Rev. Jethroe Moore, 2. Attachment 2: 011221 Confidential Executive Summary, Investigative Report
BOARD AGENDA MEMORANDUM


SUBJECT:
Title
Report of Former Board of Directors Chairperson Nai Hsueh, Upon Review of Investigation of May 27, 2020 Complaint Filed by Rev. Jethroe Moore, Against Directors Keegan and LeZotte.


End
RECOMMENDATION:
Recommendation
Review and Consider Findings in the Executive Summary of the investigative report.


Body
SUMMARY:
On May 27, 2020, Rev. Jethroe Moore submitted a complaint to Valley Water alleging that Directors Keegan and LeZotte engaged in discriminatory and retaliatory conduct with respect to CEO Enrique L. Callender during the process for his selection to that position. Since Rev. Moore is a non-board member, the complaint was handled in accordance with the provisions of Board Governance Process 6.15 through 6.19, which is followed when a non-Board member files a written complaint stating his/her reasonable belief that a member of the Board has acted or failed to act in the best interests of the District resulting in misconduct. For reference, Rev. Moore's May 27, 2020 complaint is attached as Attachment 11.

District Counsel, with input from Board Ethics and Conduct Ad Hoc Committee, retained the services of Amy Oppenheimer, Attorney at Law, to serve as the impartial and independent investigator. Ms. Oppenheimer served as the principal investigator and was assisted by Julie M. Kennedy.

During the course of the investigation, Rev. Moore supplemented his complaint with a letter to the investigator dated August 10, 20201. Based upon the allegations in the two letters and the investigators' interviews with Rev. Moore and CEO Callender, the investigator addressed four discrete issues:

1. Did Keegan and LeZotte release confidential information from Mr. Callender's personnel or EEO files to the media and the public?
2. Did Keegan and LeZotte spread information about Mr. Callender being a sexual harasser or a convicted felon as part of their "lobbying" against his appointment to the CEO position?
3. Did ...

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