WHY IS LMUD HIDING THE PAYMENT TO
EVELENE TWITCHELL ?
Because...........
LMUD LIED TO THE PUBLIC
& VIOLATES AGREEMENT
Twitchell Separation Agreement
TWITCHELL GETS $100,000 AFTER SHE RESIGNS & MORE......?
Lassen County District Attorney asks Susanville Chief of Police to investigate unlawful distribution of public funds by LMUD
KWH requested copy of the payment and LMUD claims there isn't even a voucher? link
Chris Gallagher decision puts LMUD at risk
Gallagher claims Cady is an officer of LMUD LINK
KWH FILES COMPLAINT WITH DISTRICT ATTORNEY FOR
"UNLAWFUL DISTRIBUTION OF PUBLIC FUNDS"
Twitchell gets $45,000 employee benefits
"Unlawful disbursement of public funds"
The Board stated, after her "resignation", that the Board was terminating her without cause?
Evelene Twitchell resigned suddenly to move back to Nevada to get married? Her contract with LMUD states that she does not get any compensation or benefits and must give LMUD a three month notice. Twitchells Original Contract
The Board gave her $10,385.02 for accrued vacation time, which is fine. But the $100,000 lump sum and the 18 months of health benefits is NOT ACCEPTABLE.
This reeks of another "John Baxter" deal or Darrell Wood issue
This is a breach of the Boards fiduciary duties and shows a pattern of misconduct by this Board.
KWH member, Eileen Spencer, spoke with George Sargent on 3/4/05 at 10:15 AM and George Sargent was asked if he knew that Twitchell had resigned. He nodded his head, yes. Spencer asked if he had signed the agreement on 2/28/05. He looked at the document and said that he had signed the agreement on 2/28/05. Spencer then asked him if he was aware that Twitchell's contract did not entitle her to any further compensation or benefits if she resigned. Sargent did not respond. Suddenly George said that he had orders on the grill. Spencer continued to tell him "You gave her $100,000 and you signed this George".
As George Sargent began moving away from Spencer he replied that "You need to talk with the President"
Spencer: "But George you signed this".
Sargent quickly moved to the back of his restaurant and out of sight.
Twitchell was not entitled to a dime, not a thin dime.
She failed miserably and did not perform her contractual duties to the benefit of LMUD. The audit was very clear about her failures and the Board's failures.
LMUD FINALLY OFFICIALLY RELEASES TWITCHELL? 2/23/05
Evelene Twitchell resigns, but how much is the LMUD Board going to give her? She isn't entitled to a dime. If she resigns, her contract states that she must give three months notice, and is not entitled to any further compensation or benefits. If she is terminated with cause she is not entitled to any further compensation or benefits.
In the last year, she did not perform as required by her contract.
TWITCHELL SUDDENLY GONE- 39 DAYS AFTER AUDIT IS RELEASED
The LMUD Board is hiding the reason Twitchell left in such a hurry.
VSD,VERY SUSPICIOUS DISAPPEARANCE
LMUD TRIES FOR THE THIRD TIME TO SETTLE WITH TWITCHELL 1/21/05
This Board has no moral, ethical or contractual right to offer Twitchell ANYTHING.
Twitchell's "SECRET" departure may be decided on Monday, January 24, 2005. The LMUD Board has had her "separation agreement" on three separate meeting Agendas. Twitchell contract history
The Board will have a closed session first. The public will be allowed to comment prior to the Board recessing for the closed session. Meyers/Nave Brown Act Seminar Agenda Item 5. Closed Session. "Public Employee Release Pursuant to Government Code 54957.
LMUD AUDIT SHOWS DEEP FINANCIAL PROBLEMS
12/22/04
TWITCHELL NEVER HAD CONTROL OVER LMUD FINANCES
LMUD Special Meeting link
The LMUD Board was told by McKenzie and Pezzullo, LMUD's auditors that "in fifteen years of doing LMUD's audit, this is the first time we have had to "qualify" (Definition: the result of the limitation is the failure of the CPA to obtain sufficient objective and verifiable evidence in support of business transactions of the entity being audited) the audit".
"Uncertainty now exists as to the exposure of the District for unlawful disbursement of public funds" link NOTE: A copy of the 27 page Audit is available at the LMUD office
LMUD TERMINATES GENERAL MANAGER AFTER ANNUAL AUDIT IS RELEASED Twitchells Original Contract
EVELENE TWITCHELL MAY WELL BE THE WORST LMUD MANAGER....EVER.
Four Managers in Four Years
At 10:37 AM, 1/3/05: Jeri Kresge, the LMUD Board Secretary, said that LMUD's official position is that Evelene Twitchell has resigned. According to her contract, she is not entitled to any compensation or benefits after her resignation occurs in March/2005. If the LMUD Board compensates Twitchell, they essentially are illegally distributing public funds as a gift.
How many times can the LMUD Board pull-off a "John Baxter" at the publics expense
RECKLESS SPENDING: LMUD'S TRADEMARK
The LMUD 2003/2004 Audit indicated that "uncertainty now exists as to the exposure of the District for unlawful disbursement of public funds.
LMUD signed a contract with Evelene Twitchell on December 23, 2002. The term of her contract was for of 2 1/2 years. The original contract ends on July 31, 2005. LMUD agreed to pay Twitchell $10,000 a month. Twitchells Original Contract
Twitchells contract states that she is not entitled to any compensation if she is terminated "with cause" or resigns.
Contract obligates Twitchell to:
1. Implement effective and efficient operation of the affairs of the District. FAILED
2. LMUD shall meet in closed session each February for the purpose of a performance evaluation. This evaluation shall focus on the accomplishment of defined goals. FAILED
3. LMUD must terminate Twitchell for acts of dishonesty, fraud or misrepresentation.
Contract obligates LMUD to
"In the event of such termination for cause, the EMPLOYEE shall neither be entitled, nor shall receive, any future payment of compensation beyond the termination date for any un-expired term of this Agreement nor any benefits or programs which are not yet vested at the time of such termination for cause." Page 6, paragraph 12.1
How many times can the LMUD Board pull-off a "John Baxter" at the publics expense
TO REWARD TWITCHELL FOR HER FAILURES WOULD BE "A GIFT OF PUBLIC FUNDS"
Ms. Twitchell's alleged background was Controller and Chief Operating Officer of Mt. Wheeler Power, a rural electric cooperative in Ely, Nevada Mt. Wheeler Power
Note: Mt. Wheeler records indicate that a Mr. David Fair was the General Manager and Chief Executive Officer of Mt. Wheeler Power in January 1999. Twitchell claims that she was Chief Operating Officer in 2002 when she was hired by LMUD.
Les Lieber, with years of experience over Twitchell, was paid $9,500 a month and would receive no payments past his termination, with or without cause. link
LMUD announced at the March 4, 2004 meeting that they gave Twitchell an 8% pay increase and extended her contract three years. Twitchell's contract now expires January 2, 2007. The Board did not change any termination language nor the language in the event that she resigned.
The LMUD Board has always stood up for Twitchell and Stewart, "We feel you are doing a fine job despite the criticism", Wayne Langston.
TWITCHELL APPROVES MEMBERSHIPS IN PRIVATE CLUB
$290.00
"GIFT OF PUBLIC FUNDS"
LMUD ratepayers pay for Bill Stewart to join the Rotary Club. This is a private club and membership should be paid by Bill Stewart. This is public money they are spending for private clubs.
Ratepayers are paying for the time he spends attending the Rotary meetings and $240.00 of food.
Benefit to ratepayers.................ZERO Suggestion: Take the $290 and pay a utility bill for a family in need
These gifts are paid through management expense reports so you won't find a check made out to Rotary. Keri Richards is a member. How many LMUD managers are members, how many memberships has LMUD paid for?
Stewarts Expense Report (obtained through the Public Records Act)
TWITCHELL FILES FERC INTERVENTION ON NOVEMBER 22, 2004
December 8, 2004, LMUD Agenda Item 5E: "Consideration of Ratification of FERC Intervention (1)ER-05-155; (2) ER-05-151; and ER-05-229". link
NO RULES OF PROPRIETY FOR LMUD BOARD OF DIRECTORS. THEY DON'T HAVE TO OBEY THE LAW
Twitchell knew about this FERC issue on November 1, 2004. Twitchell filed the FERC Intervention on 11/22/04 without bringing this "action" before the Board.
TWITCHELL CONTINUES TO WASTE RATEPAYERS MONEY. THESE FERC ACTIONS ARE DUPLICATED HUNDREDS OF TIMES BY MARKETERS OF ENERGY.
FRANK CADY NEEDS THIS TO "RE-INVENT" HIMSELF. BENEFIT TO RATEPAYERS......ZERO.
Twitchell pays Ed Delaney $2350 to update LMUD website.
LMUD WEBSITE DYSFUNCTIONAL FOR MORE THAN TWO YEARS and CONTINUES TO BE DYSFUNCTIONAL. NO UPDATES HAVE BEEN MADE. RATEPAYERS GOT NOTHING FOR THE $2350.....NOTHING
TWITCHELL LIES ABOUT YET ANOTHER STUDY
Don Battles, LMUD General Manager in 2001, told the public that a study was done by Powers Engineers. He went into specifics about the report to convince the public that LMUD should give PSREC 1000 LMUD customers. He stated that it would be too costly to service these customers. PSREC reports that they would save $800,000 a year if they were given the LMUD customers.
KWH is attempting to find this "so-called" study that was done by Powers Engineers. Twitchell claims now, like the Arrowrock Feasibility Study, that the study is not in the possession of LMUD.
The public has the right to be told the truth
Copies of these public documents were requested on August 13, 2004. Twitchell says they do not exist. So, why did Frank Cady and the 2001 LMUD Board lie to the people?
THESE DOCUMENTS, ACCORDING TO TWITCHELL, DID NOT EXIST AND NOW THEY'RE JUST NOT IN LMUD'S POSSESSION?
Powers Engineers link Bond Counsel link
Twitchell and the current Board are now "connected" to the Cover-up
Both documents were relied upon by CPUC Administrative Law Judge DeBerry to approve LMUD's application to transfer LMUD customers to PSREC?
Twitchell Continues to Lie About Public Records
Richey only knows how to Lie about Public Records link link
LMUD VIOLATES PUBLIC RECORDS REQUEST FOR DOCUMENTS 8/2/04
Frank Cady advises LMUD General Manager to withhold CEQA documents, WAPA documents and CPUC documents in regards to the transfer of customers to PSREC. KWH asked for documents filed by LMUD. LMUD states there are no documents, but the CPUC gives KWH a list of documents LMUD filed with various state and federal agencies.
TWITCHELL LIES ABOUT DOCUMENTS
LMUD authorized a "Notice of Exemption" to be submitted to CEQA in 2002 in relation to the transfer of LMUD customers to PSREC.
KWH has caught Twitchell in more lies about documents that existed when KWH requested them.
On November 7, 2003 and May 26, 2004, Kan We Help requested documents in relation to the transfer of 1000 of LMUD customers to Plumas Sierra Rural Electric. One of the requests was for any environmental agency documents filed in relation to the transfer of LMUD customers. LMUD denied that any existed, TWICE.
Jaime Richey wants KWH to submit another PRA form for information already asked for ???? Poor management Twitchell . These delays cost ratepayers unnecessary costs. LMUD approved these notices to CEQA so there is no excuse for not releasing them to the public.
KWH received a letter from the CPUC, listing documents that related to LMUD and the transfer of their customers to a different service area.
Documents that LMUD said did not exist or were not in their possession.
These documents include a "Notice of Exemption" submitted to CEQA, a ruling by the CPUC on April 4, 2002 approving the change in service areas of the two utilities.
California Public Utilities Commission states very clearly that LMUD is the "LEAD AGENCY"
Twitchell allows Bill Stewart to "recatogorized" General Ledger accounts.....that's a NO, NO
Ms. Twitchell's alleged background was Controller and Chief Operating Officer of Mt. Wheeler Power, a rural electric cooperative in Ely, Nevada Mt. Wheeler Power
MAYBE THE RATEPAYERS SHOULD BE ASKING WHY SHE LEFT
Note: Mt. Wheeler records indicate that a Mr. David Fair was the General Manager and Chief Executive Officer of Mt. Wheeler Power in January 1999. Twitchell claims that she was Chief Operating Officer in 2002 when she was hired by LMUD.
One example: Stewart changed the Public Benefit Account to Customer Service
THE PURPOSE OF THIS IS SO YOU CAN'T TRACK THE MONEY THAT IS BEING SPENT. THIS WAS DONE TO OTHER ACCOUNTS AS WELL, ACCORDING TO THE AUDITORS.
TWITCHELL REFUSES TO RELEASE PUBLIC DOCUMENTS ON THE TRANSFER OF LMUD CUSTOMERS TO PSREC
Twitchell lied about the not having the LMUD documents
May 26, 2004 LMUD response to Public Records Request Link
LMUD HAS ABSOLUTELY NO DOCUMENTS FOR THE LEGAL TRANSFER OF CUSTOMERS TO PSREC ?????
NO RECORD OF APPROVAL FOR THE TRANSFER. NO DUE DILIGENCE Link
The PSREC/LMUD agreement was not honored
Twitchell approves five years of VIP Packets for LMUD
Cost to ratepayers: $7500.00
