For incumbents and individuals who would like to serve on a school or special district board, this Friday is the close of candidate filing.

There are currently two 4-year terms on the Santa Ynez Valley Union High School District Board of Trustees; one 4-year term for Ballard School; two 4-year terms for Buellton Union School District; two 4-year terms for College School District; three 4-year terms and two 2-year terms at Los Olivos School District; two 4-year terms and two 2-year terms at Solvang School and two 4-year terms and one 2-year term at Vista Del Mar Union School in Gaviota. 

For special districts there are two 4-years terms for the newly formed Los Olivos Community Services District; three 4-year terms for Santa Ynez Community Services District; two 4-year terms for Santa Ynez River Water Conservation District for division #2 and #3 and two 4-year terms and one 2-year term for Santa Ynez River Water Conservation District Improvement District #1 for divisions 1, 2, and 3. 

Eligible candidates must be registered voters of the district, trustee area or division, as applicable. Additional requirements apply to some offices; please refer to the online Election Notice at https://bit.ly/2BYTR49. Candidates must file a Declaration of Candidacy in person and meet Nomination requirements between July 13, 2020 and August 7, 2020 by 5 p.m. to qualify for the General Election.

If an eligible incumbent fails to file a Declaration of Candidacy and meet the Nomination requirements by 5 p.m. on August 7, 2020, a five-day extension expiring on August 12 is allowed for any person, other than the incumbent, if otherwise qualified, to file for the office.

HOW TO OBTAIN AND FILE THE DECLARATION OF CANDIDACY (Except City Offices):

Santa Barbara County is utilizing a new contact-less option for local candidates during the nomination period due to the coronavirus pandemic. Candidates can begin the candidate filing process by applying online by no later than Wednesday, August 5, 2020.  Candidates will then be sent the documents via e-mail that they will need to print, complete and file to become a candidate.

The Declaration of Candidacy must be completed in the presence of an Elections Division Clerk or California Notary public who will administer the oath and sign the Declaration.  All other forms are to be completed before filing.

Appointments are available to pick up and/or file candidacy documents between 8:30 a.m. to 11 a.m. and 1:30 p.m. to 4 p.m. To schedule an appointment, contact an office listed below:

• Santa Barbara Elections Main Office (4440-A Calle Real)
  Go to https://candidatefiling.as.me/SantaBarbaraOffice or call (805) 696-8957

• Santa Maria Elections Branch Office (511 Lakeside Parkway, Hearing Room)
  Go to https://candidatefiling.as.me/SantaMariaOffice or call (805) 346-8374

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In future elections, candidates for the board of the ID1 water district will need to file an additional statement confirming that they own property within the Santa Ynez River Water Conservation District, Improvement District No. 1.

After a decision by Santa Barbara County Superior Court Judge Timothy J. Staffel, County Clerk-Recorder Joseph Holland said that this step will be added in future elections.

His office was sued by ID1 after he allowed two candidates who were residents but not land owners to remain on the November 2018 ballot, over ID1’s protests.

“My office is not an investigative (agency) to the degree we can verify those facts, but if candidates are willing to sign a document under penalty of perjury, then I will accept that,” Holland said.

This issue started when two candidates, Brian Schultz and Anita Finifrock, were removed from the ballot last August when attorneys for ID1 said that a section of state Water Code requires candidates to own property in the district.

Philip Seymour, an attorney for the two candidates, challenged that decision, and Holland informed all parties that he would restore Finifrock’s and Schultz’s names to the ballot. He cited a California Attorney General’s opinion that “concluded that the application of a property owner requirement to a particular district involved substantial questions of fact and law and was subject to judicial resolution after the election.”

“What concerns me is that ID1 is using rate-payer money to have lawyers challenge whether other rate payers (that pay their salary) are not allowed to run for trustee. If ID1 were private this might work, but this is a public entity and everyone who is in the district and registered to vote should be allowed to run,” Schultz said before the election.

Both Schultz and Finifrock lost to the incumbents.

Seymour said after the election he expected ID1 to challenge the decision but didn’t believe they would be successful.

“Those rules might apply for a private water district, but not a public entity like ID1. They aren’t a water district, they are an improvement district. It says so in their name,” he added.

After the case came before Staffel in July, he issued his statement in September that the Elections Office had, and continues to have, a ministerial duty to follow the Water Code and Elections Code, and does not have the discretion or authority to disregard the eligibility requirements established by the California Legislature.

The lawsuit didn’t challenge the results of the election, but focused on whether the Elections Office exceeded its authority by not following applicable code requirements in the district’s November 2018 election of trustees.

“ID1 chose to sue the county after the fact, which I thought was ridiculous. They should have waited until this issue came up again and take the candidates to court if they felt they were not qualified,” Holland said.

As the registrar of voters, he added, his office needed clarification as to whether a trustee really needed to be a property owner, and a process for handling that issue in the future.

“Judge Staffer ruled it was valid and we came up with the candidate statement for the future, which would be sufficient. There is no way for anyone to verify whether it’s true or not, because not all property documents are public. People can have agreements with family members, or part of a corporation, which we wouldn’t have access to,” Holland said.

Holland said his office will not be challenging the legality of the property ownership statute again, so any future challenge will be someone else’s fight.

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The agency that provides water to Santa Ynez residential, commercial and agricultural customers is scheduled to appoint a board member at a special meeting that begins at 6 p.m. today, May 23.

The Santa Ynez River Water Conservation District, Improvement District No. 1 (ID1), is set to appoint a replacement for former trustee Kevin Walsh, who resigned after taking the job as general manager of ID1’s parent agency, the Santa Ynez River Water Conservation District, after the retirement of Bruce Wales. 

The Santa Ynez Valley Star has questioned the appointment process after a contentious election last fall, when ID1 tried to remove two candidates from the ballot who didn’t own property in the district.

The Santa Barbara County Elections Division denied ID1’s attempt, and ID1 filed a complaint with the elections office. The county rejected that complaint on April 29.

Joseph Holland, the county clerk-recorder-assessor, restored candidates Brian Schultz and Anita Finifrock to the November 2018 ballot, citing a California Attorney General’s opinion that “concluded that the application of a property owner requirement to a particular district involved substantial questions of fact and law and was subject to judicial resolution after the election.”

ID 1 claims that “For purposes of this appointment, Water Code section 75166.2 states that each Trustee must be a registered voter and holder of title to land in Division 3 of ID No.1. Applicants previously convicted of certain felony crimes may not be eligible to hold public office in California.”

However, County Elections guidelines say that holding office in a special district requires only that the applicant 18 or older, not convicted of a crime or convicted of a felony in which bribes or embezzlement of public monies are concerned. Furthermore, related specifically to water districts, including ID1, the county code states, “Each director (or trustee) shall be an elector of the division for which he or she is elected, a qualified elector of the district, and a resident of the county, or one of the counties, in which the district is situated.”

“ID1’s ‘holder of title or land’ rule is archaic and doesn’t override the California Constitution,” attorney Phillip Seymour said during the election argument last fall. “Those rules might apply for a private water district, but not a public entity like ID1. They aren’t a water district. They are an improvement district. It says so in their name.”

Two applicants will be considered at the meeting, according to ID1’s agenda: hydrogeologist Steve Cullen and self-employed writer Lori Parker. Both candidates reside and are landowners within the district, according to their applications.

The Star has made multiple attempts to clarify whether anyone else applied, and whether their applications were rejected because they weren’t land owners.

Multiple calls to ID1 legal representative Paeter Garcia, who is also interim general manager while General Manager Chris Dahlstrom recovers from a heart attack, were not returned. 

Holland’s office respond they are not able to comment because of the pending litigation. 

Schultz, one of the unsuccessful candidates for election in November, said that he didn’t try to apply for the appointment because, he said, ID1 has made clear to him it not consider his name as he only is a renter in the district. He maintains that the district’s actions are a violation of his civil rights.

“Since the county and ID1 are still battling over the issue of the election last fall, the matter isn’t settled and therefore I wouldn’t be considered. What really has bothered me is the overreaching of ID1 by using taxpayer dollars to not only send their legal team after me but they also hired a private investigator to follow me around the valley and verify that I lived where I said I did. That is not okay with me,” Schultz said. 

The ID1 Board of Trustees consists of five representatives, four of whom are elected by division and one of whom is elected at-large. The person appointed to fill the current vacancy will serve until a new Division 3 trustee is elected in November 2020.

For more information about the district, go to www.syrwd.org, call 805-688-6015, or visit the district office at 3622 Sagunto St. in Santa Ynez.

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The Santa Ynez River Water Conservation District, Improvement District No.1 (“ID1”) has recently issued a vacancy which been created for Division 3 of the ID1 Board of Trustees by the resignation of ID1 Trustee Kevin Walsh, as he moves to the position of General Manager of Santa Ynez River Water Conservation District. Walsh takes over that position following the retirement of Bruce Wales. 

Added to news from the district is that ID1 General Manager Chris Dahlstrom is currently recovering from a heart attack and is recovering at home working part-time, Walsh said. His replacement until Dahlstrom is well enough to return is Paeter Garcia, who is also ID1’s legal counsel. 

“I know that Chris is working hard and should make a recovery over time,” Walsh said. 

Walsh added that he will be continuing the work to ensure that SYVRWCD rights are protected and that the Santa Ynez River Basin is in good shape. The district has until Jan. 1, 2021 to develop the Groundwater Sustainability Plans (GSPs) in accordance with Sustainable Groundwater Management Act (SGMA). This law provides specific provisions for the State of California to step in if local GSAs do not develop adequate GSPs, or do not otherwise comply with SGMA. Thus, although groundwater may be regulated by the State, SGMA is an opportunity for local control, Walsh added. 

“We will be organizing a citizens committee for those interested in being engaged with the process to know more,” Walsh said. 

He said interested parties should contact the district’s office at (805) 693-1156. 

Walsh’s vacancy on the ID1 Board of Trustees will be filled by appointment by the Board of Directors of the District pursuant to Water Code section 75166.2.

The ID1 Board of Trustees is responsible for establishing the policy and direction of ID1. The Board consists of five representatives, four of whom are elected by division and one of whom is elected at-large. The individual appointed to fill the current vacancy will serve until a new Division 3 Trustee is elected and qualified through the next general election process scheduled for November 3, 2020.

The Division 3 Trustee that is elected and qualified through the November 2020 election process will serve the remainder of the current term for Division 3, which extends until the general election in November 2022 and thereafter until the individual elected in November 2022 is qualified. Individuals interested in being considered for appointment to the ID1 Board through November 2020 must submit an application on the form available at ID1’s office located at 3622 Sagunto Street, Santa Ynez, CA 93460 or on ID1’s website at www.syrwd.org.

Completed application forms must be received by ID1 on or before 5 p.m. on Monday, May 13, 2019. For purposes of this appointment, Water Code section 75166.2 states that each Trustee must be a registered voter and holder of title to land in Division 3 of ID No.1. Applicants previously convicted of certain felony crimes may not be eligible to hold public office in California.

The Board of Directors of the District plans to consider applications and make an appointment to fill the vacancy for Division 3 of the ID1 Board of Trustees at a Special Meeting of the District to be determined and noticed for a date occurring after May 13, 2019 at the Santa Ynez Community Services District Board Room, located at 1070 Faraday Street, Santa Ynez, CA 93460.

For more information contact Mary Martone, Secretary to the Board of the Santa Ynez River Water Conservation District, Improvement District No.1, by mail at P.O. Box 157, Santa Ynez, CA 93460, or in person at 3622 Sagunto Street, Santa Ynez, or by phone at (805) 688-6015.

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Save the Valley, LLC recently dismissed their complaint against the Santa Ynez Band of Chumash Indians on August 10. The complaint was withdrawn by Save the Valley’s attorney, Mathew Clarke and filed in Superior Court.

“Save The Valley withdrew its lawsuit ‘without prejudice’, meaning it reserves the right to return to the issue in court at a later time. Save The Valley also submitted a courtesy copy of the Law Suit, in the form of an amicus brief, to the Assistant Secretary of Indian Affairs in support of all the Camp 4 fee-to-trust appellants. The Assistant Secretary of Indian Affairs has notified Save The Valley that he has taken our submission ‘under consideration’,”, replied Steve Pappas, of Save the Valley.

“The suits were baseless when they were filed and remain baseless today,” said Kenneth Kahn, tribal chairman in a statement.

Save the Valley then sued the Santa Ynez River Water Conservation District and Irrigation District No. 1, as the tribe claims they believe it was an effort to deny the Reservation drinking water.

“The Save The Valley Lawsuit did not have any element in it that would deny the Reservation drinking water; we suggest that the tribal leadership do its homework before making any further false representations,” Pappas responded.

Save the Valley and its attorney Mathew Clarke again sued the United States on March 31, 2016, about the Tribe’s Camp 4 Fee-to-Trust application. After the Santa Ynez Band of Chumash Indians threatened Rule 11 sanctions for a baseless complaint on June 1, 2016, Save the Valley voluntarily dismissed its complaint less than three months after filing it.

“We are not appealing the ability of the United States to remove cases against it to the United States Federal Court; rather it is appealing specifically Save The Valley’s Case from being removed from Santa Barbara County Superior Court where it was originally filed and belongs,” Pappas said.

The Santa Ynez Band of Chumash Indians owns and operates the Chumash Casino Resort, which is located on the tribe’s reservation on Highway 246 in Santa Ynez, California. The tribe also owns Hotel Corque, Root 246 and the Hadsten House in Solvang and two gas stations in Santa Ynez.

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