VEOLIA, Novato Sanitary ‘End-Run’ Around Voters Described as ‘illegal’

NOVATO – The embattled Novato Sanitary District – already faced with a voter-inspired referendum to overturn its decision to hire a foreign company to run its wastewater operations – has been notified that a recent decision to make an “end-run” around the voters is patently “illegal.”

The NSD board’s decision April 26 to pay Veolia Water – whose multi-million-dollar contract is up for a vote June 8 by the voters – violates the law because it is “re-passing a materially identical ordinance as an interim measurer (prior to) the referendum,” said the law firm of Shut, Mihaly & Weinberger, LLP, representing California Healthy Communities Network, one of the sponsors of Measure F on the Novato ballot.

NSD authorized up to $50,000 for Veolia to develop “high priority” Standard Operating Procedures (SOPs), which in effect implements the contract subject to a vote June 8, according to the law firm, which asserts that authorization is illegal.

“(The) District should rescind the $50,000 contract augmentation for SOP development and wait until the results of the referendum election are certified before taking any further action to implement the Veolia contract,” said Catherine Engberg of the San Francisco law firm in a letter to NSD Friday.

She explained that the court cases are clear, including one in nearby San Anselmo (Lindelli v. Town of San Anselmo (2003) 11 Cal.App.4th 1099, 1109), that interim contracts like this are unlawful. The courts have ruled that a legislative body cannot continuously amend the contract at issue because it would “deprive voters” of their rights, she said.

Ms Engberg noted courts have said interim contracts are illegal where work to be performed is “essentially the same.” In fact, she said, the $50,000 Veolia augmentation is for the “identical” work called for in the Veolia contract before voters on June 8 ballot.

“The District may not circumvent the referendum by awarding the same task to Veolia as part of this interim contract augmentation,” Ms Engberg wrote.

Hot this week

Did David Wineland and Serge Haroche Steal Idea For The Nobel Physics Prize?

Dr. Omerbashich says the Royal Swedish Academy is a Crime Scene and he has the proof that Nobel laureates stole his discovery.

New Approaches to Disaster Relief Challenges

Disaster relief has always been a challenge. NASA, Google,...

3 Legitimate Money Making Methods to Supplement Your Income

In a perfect world, when your landlord raises your...

2016 Predictions by World Renowned Medium and Psychic Lindy Baker

World renowned medium and psychic Lindy Baker is interviewed by The Hollywood Sentinel, discussing psychic power, the spirit world, life after death, areas of concern in 2016, and much more.

Digital Coupon Customers Spending More Than Double At Stores

A new study shows that customers who use digital coupons go shopping more for groceries and other household goods more often and spend more on their shopping trips.

Practitioners Flag Anxiety Ahead of Digital Distraction in Adult Focus Survey

Practitioners flagged anxiety and racing thoughts more often than digital distraction as barriers to adult focus in a 106-person survey.

How Men Compare On-Demand and Daily ED Prescription Options

On-demand and daily prescription strategies solve different calendars. One...

How Men Compare On-Demand and Daily ED Prescription Options

On-demand and daily prescription strategies solve different calendars. One...

Frontline Supervisors Are Sinking Your Safety Program. Here’s the Fix

A single recordable injury can cost an employer tens...

He Bought a Rescue Ship Before He Built a Dating App

An anti-racism clothing label. A converted fishing boat that took 104 people off a sinking dinghy. A DJ career. And now an app for gay and queer men, run out of Amsterdam. Benjamin Hartmann's history does not run in a straight line, and the thing that runs through it is a willingness to lose money on purpose.

Why Renting a Car Changes Your Crash Risk and Insurance Exposure

A decade ago, a rental car was a rental car. You adjusted the mirrors, hunted for the wipers, and drove off in something close to what you already owned. The dashboard had gauges. The turn signal was on the left, the transmission was a leve

Related Articles

Popular Categories