One MID board member accuses another of violating closed session on Zoom call
Modesto Irrigation District Director Larry Byrd appeared to let an unauthorized person be present during an online closed session, another board member said.
Byrd denied the charge and said he has no objection to the formal investigation that the board might launch at its Oct. 13 meeting. He also suggested that this was an attempt to undermine his Nov. 3 re-election bid against Suzy Powell Roos.
Director Stu Gilman raised the concern about the Sept. 8 closed session during the Sept. 22 open meeting. Both were conducted via Zoom video because of COVID-19 rules on gatherings.
The matter centers on a portion of the Sept. 8 meeting when the board was shifting from closed to open session. Byrd said he took part from the cab of his pickup, using a tablet device that rested on the steering wheel. Outside the truck, a crew was harvesting one of his almond orchards in the Waterford area, he said.
The Zoom recording appears to show someone in the passenger seat, including a left sleeve and, very briefly, part of a face. Byrd appears to mute his microphone, then says something that cannot be heard.
“I think we can clearly see that Director Byrd is having a conversation with someone in his truck,” Gilman said on the Sept. 22 recording. “... Keep in mind that we just came out of closed session and (were) getting ready to come back into open session.”
Gilman did not claim that any sensitive information leaked, but he did say the matter should be addressed.
The recording is archived on the MID website, www.mid.org. Viewers can fast-forward to 1 hour, 43 minutes, for the start of Gilman’s comments.
‘I welcome an investigation’
Byrd denied that anyone else was sitting in the pickup cab during the closed session. He said the only interaction was when his grandson, also named Larry Byrd, reached in to retrieve harvest records.
“I believe in the sanctity of closed session,” the elder Byrd said during the Sept. 22 meeting. “... I welcome an investigation, if you want to spend public funds on something that is this foolish.”
The closed session was the first of two held Sept. 8 and involved the recruitment of a new general manager. Assistant GM Ed Franciosa holds the job on an interim basis.
Gilman also raised concern about what Byrd did right after the second closed session, where the board discussed three current or potential lawsuits. The recording appears to show Byrd saying “sons of b-----s,” possibly referring to MID personnel.
Byrd said he used the epithet out of frustration over how the harvest was going that day, including a cartload of nuts that overturned.
Gilman brought up the matter right after a refresher course on the Brown Act by Wes Miliband, the district’s legal counsel. The state law sets out when elected bodies can conduct business without the public present.
The attorney did not address the Byrd matter during his presentation. He did say that closed sessions in general can be attended only by people with “an official or essential role to play,” quoting a state attorney general’s opinion. That includes board members, key managers, attorneys and consultants, he said.
Election for eastern part of MID
MID provides water to about 58,000 acres of farmland and to a treatment plant serving Modesto and a few other locales. It also supplies electricity to about 130,000 customers.
Byrd has represented an area stretching from La Grange to east Modesto since 2011. He also is a cattle rancher and had a 35-year career with MID in both water and power operations.
Byrd mentioned his suspicion about an election ploy during the Sept. 22 board meeting and a phone call Tuesday with The Modesto Bee.
Powell Roos said by email that she does not have endorsements from Gilman or any other board members. She said she regularly watches the Zoom meetings and is concerned about the complaints against Byrd.
“I hope they get to the bottom of it, and ultimately think that it is another example of the breakdown of trust on the MID board,” she said.
Powell Roos is best known as a discus competitor in three Olympics. She and her husband, Tim, grow walnuts east of Modesto and also own a nursery for almond and walnut trees.
Oct. 13 discussion will be public
The board did not formally vote to schedule the matter for Oct. 13, but Gilman had support from directors Paul Campbell and John Mensinger to take it up then.
The board will meet in open session and decide whether to hire an outside investigator or take other steps.
Director Nick Blom said he did not see a clear violation in the video, but rather someone simply being present during the open portion.
Blom and Byrd have clashed with the other three directors at times, including the sensitive issue of selling MID water to outside agencies.
Zoom meetings have become the norm for many agencies since the pandemic emerged in March. Officials and the public take part from home offices, kitchen tables and other remote sites.
This story was originally published October 2, 2020 at 4:00 AM.
