Upcoming Modesto Irrigation action smells fishy, new board member Janice Keating says | Opinion

My years of experience dealing with public agencies has taught me that things work best for the public when established policies are followed.

The elected bodies I have served on have all enjoyed the benefits of experienced in-house legal counsel to assist us in ensuring that everything is done by the numbers. My short time on the Modesto Irrigation District Board of Directors has revealed that they are no exception and I have found the district’s legal counsel to be exceptionally qualified and responsive.

Experience has also shown that there are occasions when issues arise that are better handled by more specialized attorneys or by firms that can more intensely handle a specific task. When this happens, it is customary for the in-house counsel to seek expanded services which are then brought to the district manager and elected board for approval and oversight.

Next Tuesday, the Modesto Irrigation District board will consider turning this tried-and-true public process on its head.

In a just-published public meeting agenda, it has been proposed that the board itself hire legal counsel that will report directly to the board, bypassing all established procedures for such an action. Worse, the rationale for hiring the special legal counsel is ill-defined.

As a new board member, I have serious reservations about this proposed action for at least three reasons:

• There is no well-defined scope of work.

If there is a compelling reason for this extraordinary action, it should be well-defined and encompassed in a scope-of-work document that the new legal counsel can follow and the public can understand. I fear that if this is not done the public perception will be of a hired gun doing the bidding of the board.

• There is no well-defined cost structure.
  
  

Not only do we not know why we are hiring outside counsel, we have no idea what it will cost on an ongoing basis let alone the financial impact of any litigation the district may become entangled in.

• The contract process is not subject to vetting or competitive bidding.
  
  

The district has a top-notch general manager and a staff who know the ins and outs of public contracting. We need to rely on them to execute all contracts in a transparent manner in accordance with state law.

Why it’s a bad idea

For many good reasons, elected boards should not enter into contracts for the agencies they represent any more than they should pick up shovels and dig ditches, build dams or string power lines. The Modesto Irrigation District has experts we can count on to get these things done under the governance of the board.

As your ratepayer representative on the MID board, I am being asked to vote on an open-ended measure that could very likely expose the district to significant costs and legal risks and I, like you, have been given very little information.

I will have many questions during Tuesday’s Board of Directors meeting and I imagine many of you will, too. If you do, I encourage you to get involved, reach out to me or your division representative and attend the meeting in person or virtually.