Bend OR Riverside

(541) 382-3011 (951) 686-1450

Indian Wells Sacramento
(760) 568-2611 (916) 325-4000
Irvine San Diego
(949) 263-2600 (619) 525-1300
Los Angeles 3390 University Avenue, 5th Floor, P.O. Box 1028, Riverside, CA 92502 Walnut Creek
(213) 617-8100 Phone: (951) 686-1450 | Fax: (951) 686-3083 | www.bbklaw.com (925) 977-3300
Ontario Washington, DC
(909) 989-8584 (202) 785-0600

Jeffrey S. Ballinger
(951) 826-8219
jeff.ballinger@bbklaw.com
File No. 01376.00001
November 2, 2022

VIA E-MAIL

Gracie Torres
Vice President, Board of Directors
Western Municipal Water District
14205 Meridian Parkway
Riverside, CA 92518

Re: Compliance with Western Municipal Water District Board Policies

Dear Vice President Torres:

This letter is written in response to certain conduct that you have engaged in, most recently
at the October 5, 2022 Western Board of Director’s meeting. Specifically, at that meeting, you
made comments during the open session portion of the meeting, which were critical of Western
staff. Namely, you suggested that Western staff had not fully complied with either the letter or
intent of the Ralph M. Brown Act.

Over the years, the Board has adopted policies that are aimed at promoting a proper
functioning of the District. Among these policies are the following:

• Board members will strive to work in cooperation with other public officials unless
prohibited from so doing by law or officially recognized confidentiality of their
work. (Western Municipal Water District Code (“WMWDC”), § 2.15.030
(Responsibilities of public office).)

 Board members, in the performance of their official duties and responsibilities, will
neither harass any person nor discriminate against any person on the basis of
various protected categories. (WMWDC, § 2.15.040 (Fair and equal treatment).)

 Board members will deal with matters within the authority of the general manager
through the general manager, and not through other district employees. (WMWDC,
§ 2.15.100 (Board/general manager relationship).)

01376.00001\40803038.1
Gracie Torres
November 2, 2022
Page 2

• Board members will disclose to the general manager any improper activities within
their knowledge and will not interfere with the general manager’s responsibilities
listed, unless the board determines that the general manager is not properly carrying
out these responsibilities. (WMWDC, § 2.15.120 (Whistle blower protection).)

• Board members shall reflect the following behaviors and qualities at all times:
Conducting public deliberations and processes openly, unless legally confidential,
in an atmosphere of mutual respect, civility, and transparency. (WMWDC, §
2.15.180(A)(d) Censure policy.)

Your conduct at the October 5, 2022 Board meeting could be interpreted as violating one
or more of these Board Policies. In addition, your conduct could potentially give rise to liability
for the District and yourself based on state and federal employment laws. And, it is my
understanding that, during Board meetings that precede my tenure at Western, you have engaged
in similar conduct in publicly criticizing Western staff.

Therefore, on behalf of Western as an organization, I am respectfully requesting that you

be more mindful of these Board policies, and conform your conduct accordingly.

For instance, if you believe staff has not met your expectations, you should bring that up
to the General Manager, or if the expectations are legal in nature, with Legal Counsel. This should
be done in private, rather than criticizing Western staff in public.

Finally, I should point out that continued violation of Board Policy by a Boardmember,
after having been advised, will quite likely result in Western not being obligated to provide that
Boardmember a defense, or indemnify you for punitive damages that may be awarded, in any
lawsuit brought arising from your violation of such Board Policy. (Cal. Gov. Code, § 995.2(a)(1)
& (2).)

01376.00001\40803038.1
Gracie Torres
November 2, 2022
Page 3

I hope that this correspondence has been helpful to you. Should you have any questions or
wish to respond to this correspondence, please do not hesitate to contact me, in writing, at the
address above.

Sincerely,

Jeffrey S. Ballinger
Legal Counsel for Western Municipal Water
District

cc: Board of Directors, Western Municipal Water District

Craig Miller, General Manager

01376.00001\40803038.1