Gail Fry
Contributor
As previously reported by The San Bernardino American News, years of corruption, struggles for power, lawsuits by and settlements paid to disgruntled employees, investigations, audit by the State Controller’s Office, and disputes between directors leading to ongoing litigation, West Valley Water District (WVWD) ratepayers are plagued with struggling to pay the bill for both the litigation as well as for their life-sustaining water service.
Continuing Litigation
On February 19, 2019, West Valley Water District Director Dr. Clifford Young along with former WVWD employees Patricia Romero and Naisha Davis filed a whistleblower lawsuit on behalf of the district against Defendants Tafoya & Garcia, LLP., Robert N. Tafoya, Kaufman Law Firm PC., Martin Kaufman, Albright, Yee & Schmidt, APC. (AYS), Clifton Albright, and Robert Katherman and Rob Katherman Consulting alleging a conspiracy to gain lucrative contracts in exchange for kick backs and campaign contributions.
After litigation and a court ruling, West Valley Water District Director Dr. Clifford Young, former WVWD employees Patricia Romero and Naisha Davis’ whistleblower lawsuit was dismissed, and Defendants Tafoya & Garcia, LLP, Robert N. Tafoya filed their Motion for attorney fees and costs seeking payment of $50,878.40.
At a June 16, hearing at the Los Angeles Superior Court, the court denied Defendants’ motion for legal fees and costs noting the defendants “have not submitted any detailed billing records to substantiate their attorneys’ fees” and allowing defendants to refile with “evidentiary support.” To date, no hearing date has been scheduled.
In his motion Tafoya lays blame in the lap of C. Young, Romero and Davis claiming they used the whistleblower lawsuit to “chill” the investigations Tafoya was conducting into C. Young’s “illegal and unethical behavior” and to “publicly smear Tafoya Defendants and others with impunity.”
Defendant Albright, Yee & Schmidt, APC. turned the tables when on December 1, 2020, they filed a lawsuit in Los Angeles Superior Court alleging malicious prosecution, abuse of process, defamation, negligent interference with economic advantage, and intentional interference with economic advantage against C. Young, Romero, Davis, as well as their attorneys Rachel Fiset, Erin Perez-Coleman, Michael Zweiback, Zweiback Fiset & Coleman LLP.
Three ongoing lawsuits by former employees, Davis, Romero and recently Nadia Loukeh, are now pending in San Bernardino Superior Court originating from the chaos created by the mismanagement resulting from the clashes between WVWD directors. Loukeh filed her lawsuit on June 3, naming WVWD as well as C. Young, and Romero personally alleging sex and gender discrimination, retaliation, harassment, a hostile work environment and wrongful termination.
In addition to the lawsuits filed by Davis, Romero and Loukeh, to date the district has paid about $1.3 million in settlements to its terminated “disgruntled employees” according to WVWD press releases and February 23 meeting minutes.
Questionable Directors, Current and Former Employees, and a General Counsel under investigation
The San Bernardino American News provided an opportunity for comment to every individual allegedly involved in either unethical behavior or implicated in criminality as written in this story.
WVWD Director Michael Taylor
Formerly the police chief of the City of Baldwin Park, Michael Taylor joined the WVWD Board of Directors in December 2017, immediately attracted scrutiny when his priority was to nominate Baldwin Park City Attorney Robert Tafoya to serve as WVWD’s general counsel as reported by Southern California News Group report (SCNG).
Three weeks prior to this nomination, Tafoya, as Baldwin Park city attorney, recommended approval of a controversial, one-year police chief contract with Taylor, one year and two months after Taylor was fired from that same position, to Baldwin Park’s City Council. It was alleged that Tafoya helped Taylor with Taylor’s contract negotiations with Baldwin Park.
The negotiated contract for Taylor included a $20,000 annual salary increase, a $25,000 annual pension increase, a prohibition of any annual performance evaluation and a provision protecting him from termination unless he committed a felony offense.
Taylor is attempting to expand his political horizons by now running for the Rialto City Council.
Former WVWD Assistant General Manager Ricardo Pacheco
Taylor recommended the district hire Ricardo Pacheco, a former Baldwin Park councilmember, in December 2017, Pacheco was hired as WVWD’s assistant general manager. Almost two years later, Pacheco was terminated with a severance package, and by June 2020, he pled guilty to accepting $37,900 in bribes from a Baldwin Park Police officer working at the direction of the Federal Bureau of Investigation’s (FBI). In a press release, the Justice Department reported Pacheco received the bribes in exchange for his political support of the Baldwin Park Police Association’s three-year contract worth over $4.4 million.
in their Second Amended Whistleblower Complaint, C. Young, Romero and Davis alleged that during WVWD work hours Pacheco conducted Baldwin Park business, ran up his district credit card with non-district entertainment expenses, and while working for WVWD patronized strip clubs.
As a member of the Baldwin Park City Council In 2019, Pacheco voted to release then Baldwin Park Police Chief Lili Hadsell. Subsequently, Hadsell filed a complaint with the Los Angeles Superior Court against Baldwin Park alleging gender discrimination, specifically claiming after Hadsell replaced Taylor as police chief, Pacheco and Taylor made sexist comments directed toward her the officers she was supervising and conducted a pattern of harassment. In March 2019, a jury awarded Hadsell a seven million-dollar judgment against the City of Baldwin Park.
After the verdict, the Los Angeles Times reported Albert Ehlers, resident of Baldwin Park and critic of Pacheco, displayed huge banners outside his Ramona Boulevard business calling Pacheco a “fraud” and a “liar.” In turn, the City of Baldwin Park fined Ehlers more than $12,000 for failing to get a permit for the signs. Court documents show Ehlers and other Baldwin Park citizens formed the Baldwin Park Free Speech Coalition filed a lawsuit against the city in federal court where litigation continues.
At its June 17, meeting the California Fair Political Practices Commission (FPPC), the FPPC fined Pacheco, Gilbert Pacheco and his committee to elect R. Pacheco for Baldwin Park City Council 2015, $6,500 for failing to timely file two pre-election campaign statements, six semi-annual campaign statements and failing to timely file three 24-hour reports.
Former WVWD Human Resources Director Deborah Martinez
Hired in August 2016, Former WVWD Human Resources Director Deborah Martinez promoted at Taylor’s recommendation in December 2017, was then placed on leave in December 2019, and terminated in April 2020 after WVWD confirmed Martinez was facing criminal charges for tax fraud, charges unrelated to WVWD. According to press reports, WVWD officials kept Hadsell’s criminal charges under wraps for three months until confronted by journalists in December of 2017.
WVWD General Counsel Robert Tafoya
In November 2020, the Los Angeles Times reported the FBI searched the downtown Los Angeles law office of WVWD General Counsel and current Baldwin Park City Attorney Robert Tafoya, in an ongoing investigation into the administration of cannabis businesses in the City of Baldwin Park.
The FBI investigation also involved San Bernardino County Planning Commissioner Gabriel Chavez, and Compton Councilman Isaac Galvan whose homes were searched by the FBI. As reported by the Los Angeles Times, the former Baldwin Park police officer working on behalf of the FBI testified to receiving complaints from three cannabis operators alleging “questionable business practices” and $250,000 in cash bribes paid to Baldwin Park officials in brown paper bags.
Subsequent to the FBI’s search of Tafoya’s office, the City of Baldwin Park issued a press release stating it would cooperate fully in the investigation, however, had not yet been contacted by federal agents, while at the same time distancing itself from Tafoya claiming his work on behalf of the city is under a contract.
In another act of alleged impropriety, the Los Angeles Superior Court sanctioned Attorney Robert Tafoya and his client Lorena Cabrera, $60,153.56 when it found they had filed a frivolous claim for disability discrimination against Cabrera’s employer Sonora Foods, Inc. doing business as Popchips, Inc.
A review of WVWD meeting agendas from December 3, 2020 through May 20, 2021, located one closed session item at its May 20 meeting to conduct a performance evaluation of its general counsel, minutes reflect “no reportable action was taken.”
The San Bernardino American News inquired of WVWD directors as to whether Tafoya’s contract with WVWD should be re-evaluated following the FBI search of his office and his sanction for filing and pursuing a frivolous lawsuit.
WVWD Director Greg Young voiced, “As much as the district could benefit from new counsel, I have little faith that the present administration and board majority will ever seriously consider making a change.”
“Numerous ratepayers have asked me about why the district continues to use the general council we do even after many of these and past revelations,” Greg Young shared, concluding, “Sadly, talk is cheap and politics never change.”
WVWD Director Dr. Clifford Young
Alleged whistleblower WVWD Director Dr. Clifford Young is dogged by his own allegations of unethical acts such as holding a Christmas celebration in December 2017 later admitting to the San Bernardino County District Attorney’s Office that his request and receipt of a $1,897.43 reimbursement by WVWD ratepayers was “inappropriate.”
Former WVWD Ratepayers Association President (RPA) Don Griggs, suspicious of the expense reimbursement, filed a complaint detailing his concerns to the California Fair Political Practices Commission (FPPC). The FPPC determined there was “insufficient evidence” deciding to forward RPA’s complaint to the California State Attorney General’s Office.
After receiving two complaints against C. Young concerning the reimbursement of $1,378.58 for travel expenses for a canceled 2016 business trip to Washington, DC and a $538.41 reimbursement by WVWD in 2016, for fees on his personal Linkedin account, in October 2018, the San Bernardino County District Attorney’s Office issued its written report to WVWD’s attorney.
The San Bernardino County District Attorney’s Public Integrity Unit determined that C. Young, without admitting any liability, admitted the reimbursements in question paid by WVWD ratepayers were inappropriate, were inadvertent and were repaid.
The allegations persisted in haunting C. Young, and when RPA pressured him in September 2018, WVWD retained law firm Milon Pluas LLP (Pluas) to investigate the allegations made in the FPPC complaint. In March 2019, Plaus substantiated the allegations and in April 2019, then WVWD General Manager Clarence Mansell decided to submit the report to the San Bernardino County District Attorney’s Public Integrity Unit.
In response to a request for comment, Public Affairs Officer Mike Bires of the San Bernardino County District Attorney’s Office voiced, “Unfortunately, we are prohibited in speaking about any matters or investigations by our Public Integrity Unit.”
Bires concluded, “Should our office determine a crime has in fact been committed by any elected official and there is evidence which will support us pursuing a criminal case, we will issue a news release.”
The audit by the California State Controller’s Office the operations of WVWD during the period, July 1, 2016 through June 30, 2018, a period of time when C. Young was primarily at the helm of WVWD.
The State Controller’s Office found: West Valley entered into millions of dollars in financial, legal, and consulting contracts without competitive bidding, and made some large purchases with no written contract at all, failing to exercise due diligence to ensure public resources were spent in a cost-effective manner.
More than $70,000 was spent on two meetings at a golf resort outside of district boundaries, in violation of Government Code Section 54954(b).
District board members spent far above their operating budgets and reimbursable rates for travel, lodging, and meals.
SCO auditors questioned the spending of $1,897 for an election victory party for three members elected in 2017. Travel claims for $4,563 were reimbursed without documented approval or were self-approved by the claimant.
West Valley compensated board members for numerous outside meetings held without prior board approval or documented business purpose, sometimes for more than one meeting a day in violation of Water Code Section 20201. These included lunch meetings, teleconferences, and “public meetings” at the farmer’s market.
The district overrode its own hiring policies and could not provide documentation to justify hiring decisions, promotions, or excessive pay increases.
The San Bernardino American News will continue to follow the story.
