CSD deadlocked again
by Ruth Roberts
Nov 13, 2009 | 727 views | 84 84 comments | 28 28 recommendations | email to a friend | print
CSD President Ray Teatreault listens to a comment from Director David Piepho during a special meeting on Nov. 11.<br><i>Photo by Richard Wisdom</i>
CSD President Ray Teatreault listens to a comment from Director David Piepho during a special meeting on Nov. 11.
Photo by Richard Wisdom
slideshow
For the second time in as many weeks, the Discovery Bay CSD board is deadlocked over the appointment of two new directors, effectively placing the decision in the hands of the Contra Costa County Board of Supervisors.

At a special meeting held Wednesday, board members could not fill the two empty seats vacant since September. Because a full CSD board is comprised of five members, it takes three votes to pass a motion, which means the current diminished board must vote unanimously.

Despite various attempts to break the deadlock, President Ray Tetreault, Vice President Mark Simon and Director David Piepho were divided during a meeting that was contentious from the beginning and grew more so during the course of the half-hour session.

Tetreault began by suggesting the nomination process be reopened. Simon seconded the motion and Piepho rejected it. At last week’s meeting, the board directors had narrowed the field to three applicants: Kevin Graves, nominated by Simon; Brian Dawson, nominated by Piepho; and Michael McCleery, nominated by Tetreault. McCleery withdrew as a candidate last Thursday, saying he didn’t feel he was familiar enough with the issues.

Tetreault then tried nominating candidates one at a time, despite Piepho’s declaration at last week’s meeting that he would support voting only for a slate of two. Piepho rejected the one-at-a-time concept again Wednesday, voting against each in turn. “It’s not a ‘no’ for the candidate; it’s a ‘no’ for the process,” he said. “There is a process (voting by slate) and we’re following it.”

Simon made a motion to call for a special election rather than face another deadlock and be forced to send the matter to the BOS. His motion was seconded by Tetreault but rejected by Piepho.

Simon then offered that the board could appoint the one candidate they all agreed on – Graves. (Each had agreed to Graves last week as part of different slates) and then hold another meeting to work through the second nominee.

“I will just say,” said Tetreault, “that having another director would put us closer to being a full board. If we all agree on this man (Graves), there’s no reason we can’t do this.” Piepho said no, reiterating a point he made last week, that such a process could put the newest and least experienced board member in the position of being the deciding vote. The two remaining nominees should fill the two empty seats, he said.

“I see in front of us two nominees,” said Piepho. “I wanted to wait a week, hoping that something would change, and something did change; one dropped out. I would not be in favor (of a special election).”

Resident Jennifer Mixon agreed. “Regardless of who dropped out, there are two open seats and two nominations,” said Mixon. “It’s pretty basic.”

As frustration grew, voices got louder. One audience member asked why the nomination process could not be reopened to include all the original applicants. “Because I can’t get an agreement to reopen the nominations. I tried,” said Tetreault.

“That process has already gone forward,” added Piepho. “The reason I’m not interested in reopening the nominations is because after the last meeting they (the candidates not nominated) all got up and left after the meeting last week.”

Walter MacVittie, one of the applicants who left that meeting, was furious. He called Piepho’s remark a “ cheap shot,” and when Piepho began to respond, interrupted. “Excuse me, I think I have the floor,” he said to Piepho. “Good luck,” Piepho fired back.

Audience members, many of whom believe Piepho’s stance against the individual nominations was merely a maneuver to get his candidate, Dawson, on the board, grew louder, many shaking their heads and loudly expressing their contempt for Piepho’s perceived disrespect to MacVittie. Piepho supporters quickly came to his defense, arguing across the aisles, temporarily causing the meeting to dissolve into innuendo and anger.

A stern reminder from Piepho quieted the audience, but the atmosphere remained tense for the remainder of the meeting.

But before leaving the subject, Piepho offered one last option. “Before we go on, I suggest we redo the Graves and Dawson vote,” he said. “If one of the others had dropped out, I would have supported (the other two).”

“That’s disingenuous,” said Tetreault, referring to the fact that Peipho’s candidate was still in the running.

“If our goal is to work it out,” Piepho finished, “that’s what I propose. I would have been in favor of the other nominations but that didn’t happen.”

Barring the calling of another special meeting, the decision will now go before the county Board of Supervisors, of which Piepho's wife, Mary is a member. Some residents believe, however, that she should not be part of the process because of her marraige to David. The BOS will have 30 days from the date of the two directors’ resignations to either make appointments or call for a special election. If it does neither, the town will be required to hold a special election.

Rick Lemyre contributed to this story

comments (84)
« Mr. Nobody wrote on Thursday, Nov 19 at 11:18 AM »
Everyone posting these comments knows they ran a joint campaign but the voting was totally separate. I think this all got started because there was an effort to justify the quest to vote on both replacement director seats at the same time. Sorry but the comparison was false and intended to mislead. Campaigning is very different than voting. But I have to say it was an effective campaign technique and I bet the more political savvy losers, and their politically experienced supporters in that election wish they had thought of it.
« fact-checker wrote on Wednesday, Nov 18 at 05:00 PM »
Oh please please don't try to claim that Simon and Tetreault didn't run on a slate. Everyone knows they did. What a joke. They openly endorsed each other, they ran a joint website and distributed joint campaign materials, their campaign signs were nearly always side by side, they even had a joint table together at the Discovery Bay Halloween event sponsored by the chamber. And they had one campaign button between them. If that isn't a slate, I don't know what is.

Here is a link to their campaign website which is still active: http://sta-tru.com/

Their opening message proclaims "WE DID IT!" That pretty much says it all.
« Thatwasit? wrote on Wednesday, Nov 18 at 04:39 PM »
Obviously you don't know what "slate" means in this context. It's two like minded individuals. Of course they aren't linked on the ballot, that's not what slate means!

They shared the same PAC and filed as having EXACTLY the same backers, unless you're going to suggest they committed election fraud with their Form 460 filing.

In their campaign speeches before the Chamber they both recommended voting for them as a pair. In fact, when you see the videos on youtube shortly you will see just what empty suits these guys turned out to be, and that doesn't touch on some of the outright lies stated in those speeches. Their campaign promises are loooooooong in the rear view now.

Why are you even trying to defend this one? Buyer's remorse or something?

« no slate? wrote on Wednesday, Nov 18 at 04:04 PM »
They shared a website, campaign lit, campaign funds, endorsement list, mailers, campaigned together, pretty much a slate, no? Though they weren't voted as a "slate", it is the word that described their campaign plan the best.

Just the facts? Certain people in this town (the anti-Piepho, take over the town and rule from the shadows people)couldn't find facts in a library.
« justfactsplease wrote on Wednesday, Nov 18 at 03:53 PM »
I have seen a couple references to a Simon-Tetrualt "slate" in the last election. There was no such thing. Each candidate was voted on separately with no link between the two on the ballot.

Yes, they both had many of the same backers and they shared some signs/sign design but that was it. Was it a smart way to campaign, you decide but it was not a two person "slate" as some posters have stated.
« conflict of what? wrote on Wednesday, Nov 18 at 03:30 PM »
I like how you do things, psssst.

Who cares if your points are all far-fetched opinion. You tell that same old lie enough times it just might become real!

There is no conflict of interest and anyone trying to sale that idea at this point is desperate and has run out of other things to attack decent people with.

An election at this point would be a waste of money. Everyone should e-mail the BoS and let them know that this small group of people does not speak for our community.

« Or Maybe wrote on Wednesday, Nov 18 at 03:27 PM »
We shouldn't waste ratepayer money. There is a small faction that has no problem doing so, of which Simon/Tetrault are now members, right alongside the litigants and would-be litigants.

Sadly, you will eventually have to admit to yourself that there will be an appointment, as we have elected these people to decide what is best for us. While our board has the handicap of being able to deadlock repeatedly, the BoS does not have any such issues. Therefore, it makes sense that they will be able to come to a decision and quickly, without wasting our town's reserves.

If the public doesn't agree, and I am not talking about the small group of people whose hackles are up, they will be given an opportunity to cast their own ballots to replace these folks.

I have to say I agree with Mr. MacVittie. We may not like seeing it go to the BoS, we may not like who they eventually choose, but we are all neighbors here, and we need to try to get along. Part of that is understanding the political process - if step 1 fails, we move to step 2, as prescribed by law, and if we dislike the results we can work harder next time to get who we want on the CSD and the BoS.

The proof is in the pudding - the slate of Simon and Tetrault was elected because they and the group backing them worked tirelessly in their efforts. Do I like the results? Up until this recent show of financial irresponsibility and apparent elitism, I did. I will have to be involved during the next cycle to help change the results.
« PsssstX2 wrote on Wednesday, Nov 18 at 03:12 PM »
Get over it, is right. It's time to get over the conflict and have AN ELECTION.

one of

Us People, the voters

No Conflict, No Appointment = ELECTION VOTE

People should e-mail ALL the Supervisors and demand an ELECTION to avoid the mud on the BOS faces if they appoint after this fiasco.

" The mere appearance of conflict sometimes has the same result as actual conflict in the eyes of the public ".
« Walter MacVittie wrote on Wednesday, Nov 18 at 02:20 PM »
I really get tired of people writing these ridicules statements that try and tie me to some organized group trying to create problems in DB. As to making my feeling public regarding lawsuits filed against the CSD, I already have. Please read my statement on this thread of 11/13 at 7:08pm. I have made these statements many times before in public to others including to Mr. Dawson.

My record of public service stands in contrast to accusations that I do not work well with others on boards or committees. I was appointed by 5 different Supervisors to 2 different Commissions. That by itself is a statement to have the support of 5 different Supervisors. I was voted as Chairman to every Commission I was ever appointed to by my fellow commissioners and one that I was elected to (ECRPC, ECFPD, DBMAC). This was by my peers. If I was so difficult to work with, as some people have tried to falsify the record, they would not have given me the responsible position of Chairman.

I also believe I was a contributor to the DB West Spill Sub-committee last year. The sub-committee all worked well together and were all praised by the public and CSD Board for the work they did.

It is one thing to state you have a different philosophy on an issue or you just plain think another person can do a better job. However trying to tear down candidates, and I do mean all candidates, with lies and cheap shots just makes or community look childish. Especially this economical/elitist tone that is going back and forth. Who cares what is in someone's bank account. We should only care who is best to do the job for our community. We are all going to be neighbors hopefully for a long time. Many more issues to be discussed. Let's tone it done a bit. It sure would be nice if we all used our names. I'm sure many would not write some of what they do if they did not hide behind those constantly changing gimmick tags.

« rlemyre wrote on Wednesday, Nov 18 at 02:16 PM »
Several comments deleted. The insults aren't even original any more.
« get over it wrote on Wednesday, Nov 18 at 12:30 PM »
PsssstX2, you're not getting it. Either a reading comprehension problem or you just have the blinders on.

A special election doesn't take place before April. The winners would not seat until May. That leaves a situation where the CSD is deadlocked with the existing unanimous vote requirement for ALL BUSINESS for 5 months.

No respectable or objective adult would see that as appropriate. It only makes sense to you because you're locked on a selfish agenda of wanting to get your pick of replacements on the Board. You can do that 5 months later in the regular Fall election. If you feel you speak with any sort of consensus for this community, then get out and start collecting registered voter signatures to support your special election. Your innuendo isn't going to cut it here anymore.

The only conflict is in your head. You people used that excuse during the no tow debate. It didn't fly then, it doesn't fly now. It does have the APPEARANCE that you are slandering good people for purely selfish reasons.

« PsssstX2 wrote on Wednesday, Nov 18 at 11:47 AM »
"Conflict" and "JustaVoter" has very logical comments. The one sentence that I feel is so important to the sucess of DBCSD is;

"Some may dispute the actual conflict, but I don't know how anyone can dispute the APPEARANCE of a conflict".

This is why an ELECTION is needed.

It will truly illiminate the appearance of conflict, it will confirm the voters decission, and there can be no more speculations and inuendos as the voters are the end honest result.

How can anyone dispute a vote of the people at any cost ? It's the right thing to do based on the circumstances after impass of the DBCSD.

VOTE ! It will shut up have of sick comments on this blog. If there is not a vote, these comments and conflicts will continue to hinder the real business at hand needed to move the community forward. A cheap price to pay for unity.

« iffy morals wrote on Wednesday, Nov 18 at 11:38 AM »
In re-reading the above article, it struck me that Mr. Tetrault said David's statement that he would have voted in whichever two nominees were standing was disingenuous but he himself has been disingenuous several times throughout this issue.

First, he voted for Brian Dawson and then changed his vote to go along with another board member, not because he thought the choice so radical - else why would he have acquiesced in the previous meeting?

Second - and this has been brought up by a few people - he told the CC Times reporter how he was going to vote before the meeting, before the facts were heard.

Third, and probably most important to myself and my fellow residents, he ran on the platform of financial conservatism (and in many/almost all meetings has voted in that fashion, respectably) but then attempted to change his mind on a special election. Just three meetings before that idea was voted down by ALL members as financially irresponsible. Another change of vote.

Looking at all of the above facts, I am glad we have higher elected officials to make a decision for us, as embarrassing as Tetrault/Simon's lack of forethought and homework into the matter was.
« very true wrote on Wednesday, Nov 18 at 10:28 AM »
Iffy morals couldn't be more correct. Trying to spin this blog like it's one side beating up on another is flat wrong. I see one side attacking and then getting all worked up over being attacked in return. The hypocrisy display in these comments leads me to question you stance and your morals. I hope that none of you speak for this community.
« iffy morals wrote on Wednesday, Nov 18 at 10:21 AM »
It is unkind to pick on people because they are old or have no hair, but not unkind to point to a person's need to take a "low level" job, a person's YOUTH, lack of home ownership etc. Aren't those hands "God has dealt" also, though circumstantial rather than physical?

Isn't it the anti-Piepho group that is responsible for those attacks? I would like to for once hear a balanced commentary rather than the hypocrisy that runs rampant here.
« Nice try wrote on Wednesday, Nov 18 at 10:20 AM »
both sides are guilty, stop playing like the non-piepho/Dawson crowd is the only one to blame, that's just silly.

« HAVEAHAPPYDAY wrote on Wednesday, Nov 18 at 10:08 AM »
It is too bad that for some who cannot address the issues the next best thing is to attack the person presenting the issue because they are old, short or have no hair. Do you not understand that calling people crazy because you have a different opinion is very telling? Do you not understand how bad you look when you demonstrate the worst form of bully behavior by ridiculing a persons personal traits they have no control over? I truly hope the people stooping to this low behavior have no kids as I can just imagine the kind of role models they must be. Can we try to stick to the issues and leave the hand that God has dealt to people out of the dialog? People who attack a person because they are "old" give this community a very bad reputation. The kind of derogatory personal attacks on private citizens continually launched by the supporters of Mr. Piepho and Mr. Dawson need to stop. I call on both of these individuals to demonstrate their good character by seeking to put an end to the personal insults directed toward private citizens.
« I can see it. wrote on Wednesday, Nov 18 at 07:25 AM »
He sure is playing politics.

My town is a mess and it isn't because of David or Mary Piepho, it is a mess because people like the poster below.
« takeahikebill wrote on Wednesday, Nov 18 at 07:23 AM »
justavoter, you're only forgetting one thing in your post.

You don't get a vote in this process.

The process playing itself out is set in law. It was there long before the Piephos. It will be there long after. Your issue should be with the California legislature if you disagree with it.

This "wide appeal" you speak of is in your head. After crying to hundreds, if not thousands of DB residents over the stipends issue, your latest wild goose chase, you come up with 38 supporters out of 15,000 residents. Two of those names are bogus and 1 is a non-resident. That's some wide appeal.

MacVittie has time in office. He hasn't displayed any proficiency in office. Ask the people who have served with him. He doesn't work well with others on boards or committees. You are hyping resume entries which mean nothing. MacVittie was asked to publicly disavow his association with Richardson. Do you see any response to that? Of course not. Because you and that group are the ones trying to put him there.

You'll get your chance next Fall. Not this round though.

As for the conflict poster, that's language right of a ranting Richardson letter sent to the County Counsel on Oct 20. Three different attorneys now have weighed in on the matter. The only conflict is in your thick skull because you can't read the legal opinions rendered. You make some pretty silly, if not irrational comments right there, telling me this is probably Bill himself posting. But let’s go to this supposed “conflict”. Conflict of what, Bill? Conflict because they won’t entertain your crazy letters, impromptu visits to Director’s homes, unending phone calls ranting for your agenda? Anyone who won’t further that cause has a “conflict” according to you? I don’t recall reading even one of your rants where you even touched on what the conflict is supposedly about. But when you’re making it up in your head, I guess that part is optional.

For a guy who sues over disagreement of process and procedure, you display no shortage of hypocrisy here now that process is not in your favor.

The Piephos live in Discovery Bay and advocating for what’s best for the community is in their best interests as well. This bizarre suggestion they are somehow selling us out is absurd and the ramblings of a crazy person. The angry little bald buy used to run around insisting they were short timers and were acting with short term thinking(without any facts to support his paranoia, btw) and even he seems to have figured out that he was wrong. But the old crazy dude still rambles on with imagined conflicts, conspiracy theories and new boogeymen put forth to waste the time and resources of the community and the county, while testing the patience, if not the sanity of those who have to listen to him.

Thank goodness there is no law against stupidity or insanity or we’d have some life sentences being handed out within that little group.

« nice try wrote on Wednesday, Nov 18 at 06:59 AM »
posting two posting under different names, are you sure you aren't the one who likes to play politics?

Keep at it Mr. Barber. It's amazing you have so much time for this.

Postings are not edited and are the responsibility of the author. You agree not to post comments that are abusive, threatening or obscene. Postings may be removed at the discretion of thepress.net.