by Carol Ann Anderson
EWUA board
Recently, Teri Nigretto falsely accused me and Ron Claus of violating the law in an email to all EWUA members, on the EWUA website, in the Islands’ Sounder and in the Orcasonian (https://www.islandssounder.com/news/eastsound-water-users-association-says-two-board-members-violated-the-law/). Publishing and falsely accusing someone of a crime opens Teri Nigretto and all EWUA members to legal jeopardy. We ask/demand that Nigretto retract and issue an apology.
Teri misused the meaning of the word “fiduciary” in her article. An alleged breach of fiduciary duty is only actionable in a court of law if there is proof that the plaintiff suffered damages because of the breach. In this case, the original breach of duty took place when the former directors and officers botched the 2023 election and denied all members their right to choose the directors who represented them.
As EWUA directors, our primary fiduciary responsibility is to the members of the EWUA — not the members of the Board. If we think EWUA members’ rights or interests are being violated by the dominant board faction or when the four signed documents that Jim Nelson submitted to the Court are not accurate, then we must publicly say so and correct the record. To be clear all we did when we submitted our affidavits to San Juan County Superior Court in the Farm to Market LLC lawsuit against EWUA, was tell the truth, and that is all. CR 56(A). Furthermore, we all may still be subpoenaed as material witnesses for trial. CR 45.
During the July 3 hearing on that lawsuit, EWUA attorney Rochelle Doyea did not dispute the inclusion of these sworn statements in the Court record, and Judge Kathryn Loring, in fact, accepted them as valid. In addition, EWUA’s attorney could have requested a protective order had she objected to the statements under CR 26 (C). They are now officially part of the open, public record. Interested readers can access these statements at recallwater.com under “Our Statements”).
A major thrust of that lawsuit is that our fellow board member Jim Cook was inappropriately excluded from voting on important board matters until the January 16, 2024, board meeting. No persuasive justification has yet been offered for his exclusion. One such important matter was the appointment of a person to fill the seat left vacant by the resignation of Joe Cohen in November 2023. In a closed special meeting on January 9, 2024, Leith Templin was appointed to the Board only because director Jim Cook was prevented from voting.
We contend that the dominant board faction, consisting of Teri Nigretto, Jim Nelson, Michael Cleveland, and, later, Leith Templin, manipulated the EWUA elections and appointment process to maintain control of the EWUA board. In so doing, they have violated the rights of EWUA members to a fair, unbiased choice of who represents them. This is a major claim of the Farm to Market lawsuit, which we support. The recall is necessary, even if the Farm to Market lawsuit is successful. It is also an important claim of the current RecallWater effort to recall these four directors and replace them with individuals more faithful to EWUA members’ interests.
If you agree, we urge you to sign the petition and proxy forms accessible at www.RecallWater.com.
