July 11, 2022, Swansboro, CA
By John Jay Community op-ed *
In this posting, the Sentinel examines what we expect from our leaders and elected board members and some of the challenges they face. Firstly, we need to need to give them our thanks. These good people, who volunteer to serve our community through election or appointment to the board of directors, are often unprepared for the emotional and political crossfires that can easily arise in the performance of these duties. It’s not an easy job and typically it’s thankless. They generally do a very good job. Rightly or wrongly, as elected people, they are open to criticisms. Fair or not, that’s just the American way.
Occasionally, some folk fail to realize just how important their work and responsibility is to the community. Or they may act on the temptation to seize the opportunity to promote their personal cause(s). When they fail to realize that their personal cause may not be what’s best for the community at large, they find themselves in the personal agenda predicament.
“The law and common sense impose fiduciary responsibilities to ensure that power is exercised responsibly. Directors must act in the best interests of the Association, and not exploit their position of power for personal gain or advantage.”
Davis Stirling
It is important to remember that the community’s interest must always come first. If they don’t realize this and continue with their personal agenda, it usually turns into a conflict of interest. The resultant outcome is invariably not positive and may divide the community – the predicament. Fortunately, most elected folk understand this, and when they find themselves tempted to pursue a personal agenda, they realize it and stop before it gets out of hand. Unfortunately, it’s not uncommon for folks in this predicament to not realize the spot in which they are – because of their ability to rationalize. What follows is a situation in SCPOA that’s close to turning unpleasant. Let’s view it as a learning experience for those presently involved and for those contemplating serving as elected community leaders.
Ms. Luz Brown is an elected volunteer serving as director on the Swansboro Country Property Owner Association (SCPOA). She also is an officer of SCPOA as its secretary. As such her actions, which include her public statements, carry significant weight. Nonetheless, in her official capacity she has a duty to the SCPOA members.
Recently, following the last Fire Board meeting, it came to light that Director Brown may have been acting on her own agenda. In that meeting, she introduced herself as a SCPOA director and secretary and cited her former-law enforcement experience. Relying on these credentials, she stood up and sought peace in the community by demanding we all “just stop” with criticizing and bashing one another. While that is a laudable goal, she could not stop herself from taking the opportunity to level insults on two members attending the attending. When challenged by the chair as to Mr. Valenzuela continuous disparagement of the fire department, she snapped “I did not give birth to him” apparently in an effort to deflect blame. Well, those present chalked that up as an exited utterance and human nature.
But was it? Based on her pervasive local social media posts, she seems dedicated to support Mr. Valenzuela. Mr. Valenzuela is a firefighter who previously volunteered on our Mosquito 75 Fire Protection District (the department). Director Brown’s support comes across as a personal agenda. That agenda appears not to be in the best interest of the Associations and its members.
Why? Ostensibly, much of the underlying origin of our community internal strife is rooted in Mr. Valenzuela’s reaction to his failed relationship with the Mosquito fire department. As a volunteer firefighter he was dismissed from it. According to the department, he subsequently filed a complaint with the California Labor & Workforce Development Agency (LWDA) against the department – which he lost for lack of merit. (Copies of the legal action can be obtained from the LWDA)
Not satisfied with the outcome, he began a relentless campaign to malign our fire department, its people, their work and those who support them. Judging by his social media post, it is self-evident he harbors a need to prove himself right. His desire for vindication, for all the wrongs the department and community inflicted on him, seems to be boundless.
To that end, he recruited community members, such as SCPOA Director Luz Brown to help him in that campaign. Unwilling, or unable, to accept certain undeniable facts (Chief’s report of the demise of MS75FA/MFA), Ms. Brown, in turn, unwittingly supports Valenzuela’s mission to seek justice. As is now clear, her angry and demanding approach does not resonate with our community.
As an elected director and officer of the SCPOA, Ms. Brown has a fiduciary duty to her constituents. This duty is to all members, whether or not she likes or agrees with them. As such she is afforded certain protection, i.e., indemnification under the business judgement rule – for her good faith acts. Slander, insults and knowingly spreading false and misleading information is not covered in her indemnification. As an POA director and officer, with prior law enforcement experience, she should be familiar with CIVIL CODE SECTION 5800 and act accordingly. Given her credentials, it’s odd she acts as though she’s not required to abide by those provisions.
Let’s hope she takes these comments to heart and will moderate her actions to be more in line with Association’s interests. Fortunately, the majority of our community understand this. They realize the value the Fire Department brings to us and support it now more than ever. When all else fails, the best remedy is for the community to remove inept and self-serving people from positions of power. They can best do this by electing responsible volunteer directors to our POA board, Fire Board and fundraising support groups.
* Disclaimer: The information contained on this website is for general information purposes only. The views expressed herein, inclusive of all links and or attachments, are those of the individual authors and do not necessarily reflect the views of the Swansboro Sentinel's owners or managers. Do not rely upon the material or information as a basis for making any business, legal or any other decisions.
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