Pending

February 13, 2012 Mr. Rick Zanutto, President Bear Valley Community Services District 28999 South Lower Valley Road Tehachapi, CA 93561-9637 RE: RALPH M. BROWN ACT—DEMAND FOR CURE AND CORRECTION Dear Mr. Zanutto, Californians Aware demands that the Board of Directors of the Bear Valley Community Services District provide a cure and correction of multiple violations of the Ralph M. Brown Act occurring at its December 8, 2011 regular meeting. The agenda for that meeting listed, as item 4 C: “A.   REQUEST FOR CLOSED SESSION REGARDING PUBLIC EMPLOYEE PERFORMANCE REVIEW §54957 “TITLE: GENERAL MANAGER ASSISTANT GENERAL MANAGER CHIEF OF POLICE PUBLIC WORKS SUPERINTENDENT FINANCE DIRECTOR” The Brown Act, in Government Code Section 54957, states in pertinent part: (b)(1) Subject to paragraph (2), nothing contained in this chapter shall be construed to prevent the legislative body of a local agency from holding closed sessions during a regular or special meeting to consider the . . . evaluation of performance . . . of a public employee . . . ***** (4) . . . Closed sessions held pursuant to this subdivision shall not include discussion or action on proposed compensation except for a reduction of compensation that results from the imposition of discipline. (Emphasis added) Included in the scope of discussion conducted in the December 8 closed session in question were employment contract terms, including compensation for the following employees: John Yeakely, General Manager Severance pay, disability compensation, salary, automobile/auto allowance, paid vacation, health and life insurance, dues and subscriptions, professional development travel and subsistence, club memberships Brown Act Demand/Bear Valley Community Services District February 13, 2012 Page 2 of 3 Sandra L. Jantzen, District Secretary/Assistant General Manager Severance pay, disability compensation, salary, health and life insurance, [...]