At the July 9 Regular Board Meeting, the CSD Board of Directors made additional preparations for the possibility that the CSD will be required to take direct control of local amenities. Currently, the CSD contracts with the Bear Valley Springs Association to operate amenities.

Earlier this year, a potential legal conflict of interest between the CSD and BVSA was brought to the CSD’s attention. At issue is whether the current agreement between the CSD and BVSA violates California Government Code Section 1090. For additional background on the issue, click here.

The CSD is still awaiting a legal opinion from the Fair Political Practices Commission (FPPC). The FPPC may determine that there is no conflict, and nothing needs to be changed.

However, if the FPPC determines there is a conflict, the CSD will be forced to take direct control of amenities instead of contracting with the BVSA to operate them. If changes are not made, the CSD, the Board of Directors, and individual staff members could face significant civil and/or criminal penalties.

If the FPPC determines there is a conflict, it is unknown if there will be a “grace period” or if changes will need to be made immediately to avoid legal liability. With that in mind, the CSD has been taking steps to prepare for all potential outcomes. The goal is to ensure that, if the CSD is required to take direct control of amenities, any disruptions to services are kept to a minimum.

At the July 9 meeting, the Board of Directors approved the creation of a Parks and Recreation Manager position. This is a precautionary measure allowing the CSD to begin recruitment immediately if the FPPC issues an unfavorable opinion. If the FPPC determines there is no Conflict of Interest, the Parks and Recreation Manager will not be filled.

There is no estimated timetable for when an FPPC opinion will be received.