Director Greg Prada

CENSURED!



First EID Board "censure" in 90 years!!!

Director Alan Day

Grand Jury's Mission:  "As an independent arm of the court the primary mission of the Grand Jury is to represent the Public’s interest..."

Director Greg Prada & Director Alan Day

CENSURE

Requested!

Write to the Grand Jury today with the facts outlined in the left column.  Let the Grand Jury decide... before Prada and Day scuttle our water supply.  Click here.

Water, who needs water?


  • In the midst of California’s worst drought in 100+ years, EID Directors Alan Day and Greg Prada voted “No” on pursuing additional water for the County at the Board’s May 11, 2015 meeting and at subsequent meetings.  After giving lip service to the El Dorado Water and Power Authority’s (EDWPA) continuing efforts to obtain 40,000 acre feet (a/f) of water for the County, both directors showed their true colors.   “No” more water!  Little support was provided for their “No” vote (i.e. 3 or 4 folks) as compared to the myriad of “Yes” supporters that spoke at the meeting including representatives from the Chamber of Commerce, the Alliance for Responsible Planning, Citizens for Water, the Farm Bureau and the Department of Agriculture.  In addition, 52 “Yes” and 0 “No” emails were received by the Board from those that work day jobs.  Prada and Day ignored them all.  Fortunately, EID Directors George, Osborne and Coco voted “Yes” and the motion passed.   It’s clear that Directors Day and Prada are only representing their “special interests” (i.e. not you) and are mismanaging our resources.  Now it's up to the Board of Supervisor's and the County Water Agency to approve the same.   Remember Prada and Day's "No" more water vote the next time you vote!    Click here to read more.
  • In an earlier attempt to derail the County's efforts to pursue additional water, at the November 12, 2014 El Dorado Water and Power Authority (EDWPA) Board meeting, EID Director Prada and EID President Day proposed to pass on the County's continued pursuit of 40,000 acre-feet (a/f) of new water.  No water = no growth.  The storage of that water (i.e. the bucket) was promised to the County in 1957 and 1961 SMUD agreements under very favorable terms.   EDWPA has been actively pursuing this water for us via the County's area-of-origin water rights application (permit) with the State Water Resources Control Board (SWRCB).   Without that water/storage, Director Coco says "We don't have enough water to fill out our current General Plan."  "There are... no more water rights."   Click here to listen.
  • At the same November 12, 2014 EDWPA meeting, Director Prada stated that with the County's "current number of customers" the County would need to "contain" our sales of water to "26,400 acre-feet" in Y2020 due to mandated water conversation.   If the County wanted "no growth" (i.e. current number of customers) Measures M, N & O would have passed.  In fact, they failed by a decided margin indicating that the County wanted at least managed growth and water to support said growth.   Click here to listen "carefully" to Director Prada's words.  BTW - Prada offered no calculations to support his 26,400 a/f claims in Y2020.
  • The final cost to pursue this additional 40,000 a/f of water will be in the neighborhood of $8-12 million (of which $3.1 million has already been spent by EDWPA) over the next three years.   These costs will be spread equally between three agencies (i.e. EID, BOS and CWA).  When finalized, the one-time cost to acquire these water rights will be approximately $300 per a/f (@ $12M).    Once obtained, that water is the County's  in perpetuity (i.e. forever).  That's only $3 per a/f spread over 100 years, $1 per a/f spread over 300 years, etc.  What a deal for 40,000 a/f of water rights in perpetuity!   BTW - One acre foot of water = 43,560 cubic feet (c/f) = 326,000 gallons.  A typical residence uses 1/2 acre foot of water per year or $1.50 at the 100 year ($3 spread) rate above.   Interested yet???
  • For comparison, Sly Park Reservoir holds 41,000 a/f of water, Project 184 (Echo, Aloha, Caples and Silver) provides 15,000 a/f of water, Folsom Lake and ditch-related allocations add another 12,000 a/f of water.    Since the County can't drain our lakes to the bottom (i.e. turbid/muddy water), our total useable water supply (i.e. safe yield) is around 42,000-44,000 a/f in good years and far less in drought years.  For example, while Sly Park Reservoir holds 41,000 a/f of water, only 23,000 a/f is useable (safe yield) during normal years and only 16,000 a/f in drought years (e.g. 1976-77).  Plus, the County loses around 6,000-8,000 a/f per year due to leaks, evaporation, theft, etc.   Click here to listen to how much water we really don't have...
  • Until we need our full allocation of the SMUD/SWRCB water (40,000 a/f) for the County's water consumption, the County could (potentially) sell excess water to other County's in need.  At $300-$500 per a/f * 10,000 a/f (i.e. 1/4 our allocation) that could generate $3-5 million in incremental revenue for the County each year (i.e. paying for the SMUD/SWRCB project in 3-4  years).    Thereafter, it's almost all profit.  That should help to lower all of our water rates unless Prada/Day have their way!
  •  While it is true that the County (not EID) is running a $17 million deficit and the Board of Supervisors are looking for any/all ways to curb our debt, Prada and Day's proposal to give up 40,000 a/f of water is very short sighted.   Click here to read the Mt. Democrat's "Masters of disaster" article (11/20/14).  This is no longer just about farming... It's about the long-term survival of the County.


Water Notes


  •  If we pass on this 40,000 a/f of SMUD/SWRCB water ($8M-$12M) now, our other (future) alternative is to build another reservoir, build out the infrastructure, and go through the whole permitting process again (assuming the Plan passes the "then current" environmental standards).   That could cost the County (us)  $100-150 million or more and take 10+ years to complete.  Imagine what your water bill would look like then!  


  • In 1980 the County's voters overwhelming passed an initiative to spend $560 million (bond) to finance the 30,000 a/f  South Fork of the American River ("SOFAR") hydroelectric and consumptive use project.  However, due to delays by County officials, infighting and environmental  regulation changes (during County delays), the SOFAR project eventually failed.   Sound familiar?   Some say the County would be $50 million dollars richer today if the SOFAR project had continued in a timely fashion.  Click here to read more.  See section 8.1 (p. 23) for hydroelectric power generation capacity (461M kilowatts), section 8.2 (p. 29-30) for EDC's incremental water gains  (30,000 a/f) , and 8.2.3 for Sly Park Reservoir "safe yields" (p. 35).  


  • $560 million divided by 30,000 a/f (above) is $18,667 per a/f .   We're getting the SMUD/SWRCB water for $300 per a/f.  That's a 98% Discount ($300/$18,667).  While not an exact comparison (i.e. due to SOFAR's power generation capabilities) EDWPA's SMUD/SRWCB deal will be "great" for the County!

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"Censure... is of no concern to me. "  Director Prada  11/10/2014

The facts you need to know...


  • EID Board Directors Greg Prada and Alan Day both voted "No" on pursuing additional water for you, your children and your grand children at EID's May 11, 2015 Board meeting and again at subsequent meetings.  Remember their "No more water for you!" vote the next time you vote!  See left column.


  • EID Board Director Prada was censured by EID's Board on November 10, 2014 for threatening litigation against any rate payer (i.e. Public) that voiced an "opinion" contrary to his own.  This is an alleged violation of the Public's First Amendment Free Speech rights, Board Policy 12030 (Public Statements), BP 12040 (Code of Ethics), AR 12083 (Meeting Order), Civil and Federal law.  Click here to view BPs, ARs, articles, etc.  Prada threatened litigation against the Public as a sitting member of EID's Board from his Director's chair (October 14, 2014). 


  • EID Board Director Alan Day voted "no" on Prada's censure effectively endorsing Prada's actions (aiding and abetting).  Day even went so far as to sponsor a Motion for the Board to eliminate the word "censure" from all Board policies to protect himself and Prada from Board censure.  Of course, Prada seconded Day's motion.   Click here to listen.


  • At EID's November 10, 2014 Board meeting Director Prada read a prepared statement including "censure... is of no concern to me."


  • Now, Directors Prada and Day are opposing the pursuit of any new water rights for the County.  What will your children and grandchild be drinking... mud?  This is exactly opposite to the County's General Plan (i.e. managed growth with managed water). 

  • Censure alone does not adequately deal with the severity of Director Prada's (and Day's) alleged Board, Ethics, Constitution, Federal and Civil law violations that have endangered, and continue to endanger, the Public as evidenced below.


Since censure... is of no concern to Director Prada, please consider FILING a Confidential COMPLAINT with the Grand Jury naming both Director Greg Prada and President Alan Day (in separate Complaints).   Click here to see a SAMPLE Grand Jury Complaint form.  The Grand Jury was formed to help "protect the Public's interests."  Let the Grand Jury decide...  Click here to complete your on-line Grand Jury Complaint (form).  


ACTION REQUEST (Box 5):  "That EID Director Greg Prada and EID President Alan Day be removed from office for co-conspiring to 1) violate the Public's trust, 2) mislead the Public,  3) slander, defame and libel the Public, 4) threaten the Public with litigation, and 5)  commit significant Board, Ethics and Constitutional violations that continue to endanger the Public.  Furthermore, we would request that the Grand Jury impose any and all further remedies afforded to the Jury to protect the Public's interests."


Note:  Day said "Go for it!" (i.e. counting on you to never to file your Grand Jury Complaint).  Click here to listen.  Click here to file.


FOR YOUR INFORMATION


  • While "all of us" were being asked to conserve 30%,  Director Prada's water use was UP 22.6% over his 3 year June/July average and UP 56.7% over Y2011.   See chart (right).
  • Did you know that you paid for Prada's water usage via his EID Board salary = $1,250 p/mo + medical/dental/life insurance?
  • President Alan Day used 10,800 c/f of water during the equivalent period, down only 3.5% from Y2013.  You paid for Day's water too... including his 33% UP spike in Y2012!
  • Day was "the region's highest-paid special district board member" garnering $37,275 for attending (approx) 2 EID meetings per month.  That's $250 per hour at your expense!   See Sacramento Bee 03/06/2015 (click here).


ALLEGATIONS (Box 2) & Time frame History:


Attempts to get EID Sued


  • Since Y2010... Greg Prada has been trying to get  EID sued prior to becoming an EID Director and allegedly after becoming an EID Director (as evidenced below).   The same may also be true for Alan Day.     Such actions may be considered "criminal" activities and may result in jail time and loss of privileges such as professional licenses, public offices or public employment.
  • According to a letter received from the the Howard Jarvis Tax Association (HJTA), HJTA's Director of Legal Affairs wrote "You asked me to reconstruct our communications with a man named Greg Prada..." "In 2010 he contacted me..."  "Prada claimed the [EID connection charge discount] extension constituted an illegal subsidy."  "I researched the issue and declined the case."  This was  Prada's first (known) attempt to get HJTA to sue EID.  Click here to view the "HJTA Letter".
  • Then, "Prada urged us to at least  sue EID over its current (2011) sewer rate increase..." according to HJTA's Director of Legal Affairs. This was Prada's second attempt to get HJTA to sue EID.   Click here  to view the "HJTA Letter".
  • Then, in early Y2012 "Prada urged HJTA [once again] to sue EID to invalidate the [Cost of Services] study."   "I declined" said HJTA's Director of Legal Affairs."  This was Prada's third attempt to get HJTA to sue EID.  "EID's General Manager went though a dozen points, point by point, defending the study" said HJTA.   "The commission (all but Prada) ultimately voted 9-to-1 to approve the  [COS] study."  Click here to download the COS Study.
  •  Then, "In the November 2011 [EID] Board election, Prada and his friends succeeded in replacing the incumbent with one of their own, Alan Day."  "Mr. Day asked for a meeting with us, to discuss litigation.  He and Prada came to Sacramento."  This was Prada's fourth attempt to get HJTA to sue EID allegedly now co-conspiring with Alan Day (an alleged EID Director) to get HJTA to sue EID.   Click here to view the "HJTA Letter".    Note:  Alan Day filed his Declaration of Candidacy on August 10, 2011, was elected on November 9, 2011, and was sworn in as an EID Director on December 12, 2011.   It appears that Alan Day "asked for a meeting" to "discuss litigation" (sue EID)  sometime after  he was elected to EID's Board (i.e. or HJTA would not have known that Prada "succeeded" in getting Day elected).  
  • On July 22, 2014 President Alan Day authored an article (click here) admitting that he did attend said HJTA litigation meeting.  Day's article  suggested that the meeting took place was after he was elected to EID's Board but before he was sworn in.  In the article Day stated "Yes, I went to a single meeting, nearly three years ago, with this association" and "If one meeting, before I was even sworn in, nearly three years ago constitutes..."  To date, President Day has refused to answer any further questions relating to the exact date of this meeting.  Testimony "under oath" will solve this "meeting date" issue.   When the exact date is verified (i.e. after elected, after swearing in, etc) this could lead to a significant violation of BP 12040 (Code of Ethics ), Day's Oath of Office (click here) and potential "criminal" charges (i.e. grounds for dismissal from EID's Board and potential jail time).
  •  On April 16, 2014 the Mt. Democrat ran an article  (click here) stating "Following dueling motions and another tirade..."  Director Prada said "Recreational Turf (customers) ought to sue the district."   According to the Mt. Democrat's quote, a sitting Board member (Prada), apparently encouraged a class of customers to sue EID in direct violation of his Oath of Office (click here) long after  Prada was already sworn in as an "EID Director".  When/if confirmed, this could lead to a significant violation BP 12040 (Code of Ethics), Prada's Oath of Office and potential "criminal" charges (i.e. grounds for dismissal from EID's Board and potential jail time).


Reckless Disregard for the Truth


  • Starting in early 2014, Prada authored at least 15 articles (now 18 articles) using his "Director" title that mislead the public pitting neighbor against neighbor with reckless disregard for the truth (click here).   These articles did not represent the official position(s) of the Board nor EID (i.e. as disproven by EID's own staff).   Click here to see "Prada's $49 SF Rate" article and "EID's $49 Rebuttal #1-4" and "Prada's $186 SF Misrepresentation" article and "Abercrombie's Rebuttal" (middle/bottom).    These are just two (2) of Director Prada's 15-18 articles that misrepresent the truth thus pitting neighbor against neighbor and wasting the Public's (and EID's) time, resources and treasure.   You can download the Board originals (see Board Packet - Information Item #6, June 23, 2014, pages 147-180) by clicking here.  Each Prada article contained false/misleading information making each a  censurable event per BP 12030 as "it allows an audience to conclude that such opinion or position is held by the Board."  Prada used his "Director" title and position in all of these (15-18) articles.


Slander, Defamation and Libel

plus Ethics Violations


  • According to the Mt. Democrat, Director Prada yelled"Go to hell.  It's my turn" (click here) at Director George during the May 14, 2014 EDWPA "public" Board meeting.  Irrespective of what Prada yelled, "yelling" at another Board member during a "public meeting" is an alleged violation of BP 12020 (Duties and Powers) and BP12040 (Code of Ethics).  Then Director Prada threatened (click here) a member of public with litigation for bringing this "public" information to the Board on August 25, 2014 to suppress this rate payer's Free Speech rights.  See October 14, 2014 threat of litigation information below and "Censure Asked" article by clicking here.
  • On June 19, 2014 Director Prada and President Day presented a Powerpoint presentation (click here) to the El Dorado Hills Tea Party.  During that meeting they mutually mislead the public by presenting positions that were not the official position(s) of the Board nor EID (e.g. $49 SF rate, $65M in new debt, etc).    In addition, they also mutually suggested that Director Coco was not a "conservative" (i.e. appropriate) Board member and/or should be recalled via their "It takes three" slide.   Their mutual actions are alleged violations of BP 12040 (Public Statements),  BP 12020 (Duties and Powers) and BP 12040 (Code of Ethics).  Violation of BP 12040 alone is a censurable event for both parties (Prada and  Day).
  • In early August 2014, Greg Prada authored his "Fake, Scam, Fraud, Rip-Off" (FSFR) article including "geographical information" for a group of  14 rate payers and published their "home addresses" on-line via InEDC.  These rate payers' addresses were graciously (later) redacted by InEDC (click here) but Prada's damage to the Public had already been done.  Per Board-recorded testimony, many of these rate payers felt endangered and feared for their families lives due to Prada's wrongful "scam" allegations, privacy concerns and unknown drive-bys.   To listen to a few of the many Public Comments on Prada's article please click here (1), click here (2), click here (3), click here (4), and click here (5).   Note:  Based upon Prada's previously published articles using his "Director" title (click here), it would be easy for an audience to conclude that the FSFR article was the "official position" held by the Board in violation of Administrative Regulation (AR) 1130 * 14 citizens, BP 12030 (Public Statements) and Privacy laws.
  • All of these rate payers (above) were "verified/certified" according to EID's own Rules via the program that EID and EID's Board created as previously admitted by Prada (click here).   Even President Alan Day admitted, during EID's Small Farm Workshop (June 23, 2014), that small farmers were "not cheating" and "that's what the Rules were" (click here).  Then, these same legitimate "customers by class" were slandered,  defamed and libeled by Prada (click here) at EID's September 8, 2014 Board meeting.  This is a violation of Civil Law. 
  • Then, during the September 8, 2014 Board meeting, Director Prada lied directly to the Board and to the Public, from his Director's chair, claiming he did not submit (click here) the "Fake, Scam, Fraud, Rip-off" article/email to InEDC.  He was caught in this lie per InEDC's own email records.  Click here to see Prada's email to Cris Alarcon @ InEDC with the content (first page) for the FSFR article.  Prada did submit the article/email to InEDC on August 7, 2014 violating these rate payers privacy (click here) labeling them as "small farm scams".  This is an alleged violation of BP 12040  (Codes of Ethics).  Note:  Prada continues to claim that the article/email was written by someone else but remains silent on his source.   Testimony "under oath" will solve this issue.  
  • At EID's September 8, 2014 Board meeting, Director Prada singled out one rate payer slandering and defaming him and his business (click here) as the "Ringleader" (definition:  a person who leads others in any kind of unlawful... activity) for following EID's own rules (click here).  This rate payer has a valid El Dorado County business license, has been verified/certified as a small farm by EID/DoA, and files an IRS Schedule F (Profit/Loss from Farming) each year.  Prada made his defaming statements against this rate payer as a sitting member of EID's Board from his Director's chair (i.e. EID "Director").   This is an alleged  violation of BP 12040 (Code of Ethics) and Civil Law.


Threats of Litigation and Reprimands

against the Public


  • At EID's October 14, 2104 Board meeting Director Prada  threatened litigation (click here) against any rate payer that voiced an "opinion" contrary to his own stating "Those that persist..." followed by "best make sure their liability insurance is paid up". See "Censure Asked" article by clicking here (bottom).  Director Prada's threat of litigation was targeted at any member of the Public that might play the May 14, 2014 "public" EDWPA audio recording of Prada or reference the Mt. Democrat's August 22, 2014 "Water Agency..." article quoting Prada.  Then, after stating "I wasn't necessarily intending to make any Director Comments today, but..." Prada read and handed-out a prepared statement (click here) threatening any member of the public that voiced an "opinion" contrary to his own.   Prada threaten litigation as a sitting member of EID's Board from his Director's chair (i.e. EID "Director") subjecting the District  to potential legal action.   Prada's actions are an alleged violation the Public's First Amendment Free Speech rights (Civil and Federal Law) , BP 12030 (Public Statements), BP 12040 (Code of Ethics) and AR 12083 (Meeting Order). 
  • At the same October 14, 2014 Board meeting, via a Public Records Request, a member of the public (John Wilson) presented each of the Board member's water usage for the June/July 2014, 2013, 2012 and 2011 time frame (i.e. first discretionary water use period for the Summer).  Upon completion this rate payer's presentation, President Alan Day publicly reprimanded this rate payer for presenting Day's  water usage while allowing Director Prada's threat of litigation to go unchecked (i.e. endorsed).  Click here to listen to Day's public reprimand of this rate payer.


Censure and Co-Conspiring


  • At the Board's October 14, 2014 EID's General Counsel Tom Cumpston did a very thorough presentation on how other County's had implemented "censure" procedures into their Board policies.   Click here to download, save and view (Item #6, pages 47-78).  After the presentation, President Alan Day disregarded Cumpston's presentation and initiated a Motion to have the terminology "censure" eliminated from all Board policies.  Day suggested that EID Board violations should be taken to the Grand Jury stating "Go for it!"   Director Prada seconded Day's motion.   Click here to hear Day's Motion, the Board's interaction, and Prada's second.  Note:  Day's motion was noticed for a future meeting as it would require Public Comment.
  • At EID's October 27, 2014 Board meeting Director George and Director Osborne asked for a Special Meeting (in the evening) to hear Public Comments and to vote on the censure of Director Prada under Robert's Rules of Order.  Click here to read the "Prada censure asked" article (bottom).  Note:  To limit Public Comment (i.e. since most rate payers work during the day), behind-the-scenes President Alan Day and Director Prada allegedly would not agree to a Special Meeting in the evening.   As such, Director Prada's censure discussion/vote was conducted during the November 10, 2014 regular Board meeting starting at 9AM thus limiting Public Comments (i.e. Free Speech). 
  • Based upon Prada's threat of litigation (above), at EID's November 10, 2014 Board meeting Director Prada was censured by a vote of 3-2 with President Alan Day and Director Greg Prada voting "no" on censure.  Directors George, Osborne and Coco voted "yes".  Click here to read the "Prada censured" article (bottom).  Note: During the Public Comments section, an 8 section (60+ page) binder was handed out documenting most of Director Prada's alleged violations (above) on behalf of 70+ rate payers.   A copy of that binder can be made available to the Grand Jury upon request.
  • At the November 10, 2014 Board meeting, on behalf of rate payers across the County and Day's "no" censure vote, the Board was asked to censure President Alan Day for co-conspiring with Director Prada to endorse, encourage, and participate in violating any and/or all of the above listed BPs, ARs, Codes of Ethics, Constitution, Federal and Civil Laws.  To date, the Board has not taken up the Public's censure request for Day.
  • At the November 12, 2014 El Dorado Water and Power Authority (EDWPA) Board meeting, Director Prada handed out two items. Of particular importance, the second hand-out was a copy of EID's report showing the "average revenue" by customer class.  Director Prada, according to EID's General Manager's, misrepresented this "average revenue" by customer class as being the amount that each customer class "paid" for an acre-foot of water.  According to EID's official records, the amount "paid" by Small Farmers for one acre-foot of water was $514.17 (according to EID) .  Prada misrepresented this "average revenue" data claiming that Small Farmers only paid $186 per acre-foot of water.   Click here to listen to Prada's misrepresentation of EID's data.   Click here to read "Abercrombie's Rebuttal" (EID's General Manager) email.


Censure... is of no concern to me!


  • At the same November 10, 2014 Board meeting, Director Prada read a prepared statement including the words: "censure... is of no concern to me" showing a complete "lack of respect" for the Board's decision and complete "disregard" for the severity of his actions.  Furthermore, Director Prada went on to say "My statement [...best make sure their liability insurance is paid up] was made during Director Comments... not during the open forum session...".   Director Prada made his threat of litigation as a sitting member  of EID's Board during the "Director Comments" section (per his own admission) thus subjecting the District  to potential legal action.  Click here to read the "Prada censured" article.  Director Prada's statements are an alleged violation of BP 12030 (Public Statements),  BB 12040 (Code of Ethics), Civil and Federal laws.

  • Then, on November 19, 2014 "Director" Prada authored an article in the Mt. Democrat (click here), Village Life (click here) and other media entitled "Censuring will not censor me".  Prada's article included further EID misrepresentations (i.e. $49 SF rate, EID violates Article 13d, etc) and continued his  slanderous, defamatory and libelous comments about "customers by class" (i.e. SF's are not legitimate).   Click here to see Director Prada's "Censuring will not censure me" article.    Note:  Prada concludes his article with these customers are "short on facts but long on personal attacks."   Is that what you see above (i.e. short on facts)?  


    ACTION REQUEST:  "That EID Director Greg Prada and EID President Alan Day be removed from office for co-conspiring to 1) violate the Public's trust, 2) mislead the Public,  3) slander, defame and libel the Public, 4) threaten the Public with litigation, and 5)  commit significant Board, Ethics and Constitutional violations that continue to endanger the Public.  Furthermore, we would request that the Grand Jury impose any and all further remedies afforded to the Jury to protect the Public's interests."


    Censure alone does not adequately deal with the severity of Director Prada's (and Day's) alleged Board, Ethics, Constitution, Civil and Federal law violations that endangered, and continue to endanger, the Public.


    • Click here  to file your Grand Jury Compliant (form).


    P.S.  FixEIDsBoard also understands that approximately 19 years of Director Prada's background cannot be found.  Testimony "under oath" should address this issue too.


    * EID's Board President Alan Day was replaced by EID's new Board President Bill George on December 10, 2014.   Alan Day was nominated for "Vice President" by Director Prada but was not endorsed by the rest of the Board.  As such, Day has reverted back to Director status on 12/10/14.