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1. Evelene Twitchell's contract with LMUD was fully executed on December 23, 2002. The term of this contract commenced on 2/1/03 to 7/31/05.
2. There is no record in the LMUD Agendas or Minutes, as to any changes in Ms. Twitchells' contract from December 23, 2002 to June 5, 2003. A copy of Ms. Twitchell's contract was obtained through the Public Records Act on 6/5/03.
3. No changes were made to Ms. Twitchells contract from 6/5/03 to 3/4/04.
4. On March 4, 2004, the LMUD Board placed an agenda item for "closed session" to discuss revisions to Ms. Twitchell's contract.
The following revisions were reported by the LMUD Board on March 4, 2004.
a. Paragraph 2, the LMUD Board extended the term of Ms.Twitchell's contract from 2/1/04 to 1/31/07.
b. Paragraph 3, the LMUD Board approved an 8% increase in wages, effective 2/1/04.
This was a violation of the Brown Act (54957), "closed session held pursuant to this section shall not include discussion or action on proposed compensation except for a reduction of compensation that results from the imposition of discipline." The LMUD minutes state that the LMUD Board not only discussed but moved, seconded and passed a pay raise in closed session.
c. Paragraph 4, the LMUD Board changes the dates for performance reviews.
d. Paragraph 5, the LMUD Board deleted this section (Relocation expenses)
e. Paragraph 7, the LMUD Board gave an additional five days vacation per year.
There were no changes in this contract as far the separation agreement language. Paragraphs 12.1, 12.2 and 12.3 were unchanged.
Ms. Twitchell submitted her resignation, at the December 29, 2004 Special LMUD meeting. She cited that she was getting married and was moving back to Nevada. (Jerri Kresge, 1/3/05 @ 10:37 AM, reported that Evelene had not been fired but had resigned.
The Brown Act requires LMUD to announce her resignation, but they did not do so.
Twitchell's contract is very clear on any resignation. She must give three months notice. This notice would require her to stay until March 31, 2005. She will not be entitled to any further compensation or benefits.
Ms. Twitchell has failed her duties as set forth in her contract, Paragraph 1(a-d) and 12.1.
Ms. Twitchell's contract should have been terminated for cause by the District.