IID Board declares it is the client in all legal matters



IID Board Vice President James Hanks


EL CENTRO – At the regular meeting of Tuesday, January 8, the IID Board of Directors voted to revise Governance Policy B-7 to declare that the Board is client on all legal matters, including granting of any legal waivers.

The Board voted 4 to 0 in favor of the revision.

 Director Bruce Kuhn was absent due to illness.

On July 24, 2007, the Board adopted a governance code that sets out several Board policies to assist in governing district operations. Policy B-7, Outside Legal Services, requires that the retention of outside counsel shall be authorized by the General Manager and the Board, as a joint body.

Related to this is also the matter of authorizing waivers to certain attorneys that might have a conflict of interest while representing both the IID and another client.

IID Board Vice President James Hanks had requested that the Board discuss B-7 in the context that the Board is the client and all legal issues should come before it and that the policy should be amended to reflect that. He also wanted to rescind of all attorney waivers that have been issued by the district, subject to the Board’s further review. Any future waivers will come before the Board for ratification.

IID pays millions of dollars to outside attorneys, including David Osias, San Diego attorney.

Some have questioned Osias’ loyalty to the IID and his treatment of some the largest IID ratepayers.

“The bottom line is the Board is the client on legal matters,” said Hanks. “I’ve worked on many boards over the years; I know who the client is.”

General Counsel Jeff Garber, who has been conspicuously absent from Board meetings or just sitting in the audience, disagreed with the concept.

Garber doesn’t recognize the Board as a client.

Hanks said, “If the Board isn’t the client, who gives General Counsel direction? As long as counsel is allowed to operate where the Board is not the client, then they are making decisions the Board doesn’t know about.”

In other business, the Board declined to adopt the General Manager Kevin Kelley’s 2013 Plan of Work.

The Imperial Irrigation District Board of Directors is taking control of the utility.
















  1. board meeting was scary to watch..clueless water manager shield doesnt know farmers use more water when crops prices go up..clueless cfo broking doesnt know how to keep qsa funds separate..clueless gm kelly who called director desert director menville doesnt know which of his overpaid managers are clueless..thank god for smart farmers like jordan and kalin..stop fighting the farmers and start listening to them!

  2. Fire Newsboy and offer $500,000 for a proven GM. The Million plus is worth it if we want to fix IID the correct way and not have people like the Imperial Group or large land owners trying to take over the water and screw the ratepayers.

    • A 5 year Board commitment to re organization and change, a 5 year contract for a GM that is a proven professional manager/re organization expert and respectable leader and $350,000-$400,000 per year will transform the IID from a financial drain and liability to the future of our region to maximum productivity and the optimization/delivery of cost effective services to ALL IID ratepayers.

  3. Did you all the the faces of the Board Member’s while they were given class by Large Farm owners at the last meeting? Clueless. Good Ole’ Boy’s smell blood.

  4. Agree with Homegirl. We need a professsional manager to grow the company treeting employees fairly, instead of the cronies like Kevin, Mario, Dan/Marcie,Garger and the king of finance padding pockets.

    • Well not likely to grow IID Whatzat but there sure is a lot of shoring up of gaps and duplication and development of effective/collaborative processes, procedure and policy that will stop the financial bleeding that has been going on for so long that everyone thinks it is the norm and that no one even is aware is occurring. Many standard business and administrative processes and procedure have virtually never existed. A real professional manager who is an expert in organizational structure and flow is the solution. Not an expert in water or power matters but a management expert and an intelligent and sage leader. It has to be a leader that is committed or commits to our region unlike the Brady group that was commuting. All the executive brown bag lunches in the world with management and staff couldn’t get buyin from IID management and staff with the Brady group. Staff and management knew there was no committment or loyalty to the district and that it wouldn’t stick so they simply waited it out until a new election cycle when it was opportunistically taken apart for votes. The most effective executive management triangle for the current state of administrative and business chaos in the IID business enterprise is GM/AGM Power/AGM Water. With a fairly congenial IID Board there needs to be a five year binding commitment to re organization and change. The necessary cultural change in the IID organization and business operation from one of unproductive cronyism and favoritism to one of merit based reward for performance and productivity starts in the human resource department.

  5. “In other business, the Board declined to adopt The General Manager Kevin Kelley’s 2013 Plan of Work”……

    Hopefully this is the writing is on the wall and our terrible embarrassment is just about over. Time to hire a real pro, a professional manager with successful re organization skills and experience , and get to work to fix this inefficient, ineffective and reactive strategic public business enterprise. Hundreds of millions of dollars in regional financial resources continue to be lost, stolen and wasted from this poorest of the poor communities. Time to stop the bleeding immediately before raising rates.

    • Kevin Kelly has no experince putting together a strategic plan, and he doens’t know what IID does or should do, so how could his plan work? That’s a joke for sure!How can he be expedted to prepare a plan for water & power and HR, IT, finance, etc. when he doesn’t know the business and isn’t a leader.Worse almost is his staff is so selfish they won’t help do anything but help themselves. IID hasn’t had ledership since Chyck Shreeves and Arn lahde & Jesse Siva. Been a long dry spell of carpet baggers & imposters. We’ve finnally got a honest board & nobody to manage the IID.

      • Shreeves yes, Jesse was ok and Lahde is as over rated as starbucks. Hosken was done in by Steiger’s doing, which was a mistake as he had the makings of a good GM.

        Regardless of the GM without a competent board who lets the GM be an real administrator the IID will never be what it can be.

        • We need far more than an administrator or a typically qualified utility manager. IID needs a huge organizational/business re structuring. The business is fragmented into fiefdoms with individual rulers, duplicative and lacks coherent/fuctional business collaboration and flow. None of these past folks you mention are even close to knowing how to re strucuture a +500 million dollar business enterprise with a 100 million dollar hole in it. Got to re structure the business before administering it and the expertise needs to come from the GM/professional manager not contracted out to another consultant. You are absolutely correct Desertrek about the Board.

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