News

Valley Water director wages war with own agency

Palo Alto resident Rebecca Eisenberg faces investigation, says it's retaliation against her

New records show rising tensions, turmoil and dysfunction at the region's largest water supplier -- with one of its own directors now demanding the public agency pay her attorney fees in her fight against them.

Rebecca Eisenberg is a Valley Water director. Courtesy Rebecca Eisenberg.

Valley Water Director Rebecca Eisenberg has ruffled feathers since taking office in January. But six months into her tenure, emails obtained by San Jose Spotlight reveal the infighting has reached a new level with the director demanding money from the district to defend herself.

Eisenberg is also threatening the district for complying with a public records request made by a resident, according to the emails, and blasting its decision to boot her from a lobbying trip to Washington, D.C.

Eisenberg herself faces accusations of gender discrimination and intimidation toward men stemming from alleged complaints from workers. But Eisenberg says that probe is just retaliation after she complained about sexism and a hostile work environment created by the district's leadership -- namely CEO Rick Callendar and attorney Carlos Orellana.

Eisenberg in March hired a personal attorney to defend her in the investigation. Now she wants the district to pay for it. In an email from March 2, Eisenberg demanded the district send her $10,000 by midnight to pay for her legal fees. She claimed the district paid for other directors' legal costs in investigations against them -- a charge the district's outside attorney denied except for one unrelated case. Eisenberg threatened to send her legal bills to the district if she didn't receive a check.

Help sustain the local news you depend on.

Your contribution matters. Become a member today.

Join

"They hired lawyers to do this and both of those lawyers are still being paid for with taxpayer money for five months," Eisenberg told San Jose Spotlight. "I want to know how much they spent on those lawyers. And at the same time, they refuse to cover the costs of my defense, even though they've done it (before)."

The district's lawyers maintained the agency has no legal obligation to pay for an employee or board member's legal representation but said it paid for Director Joe Judge during a probe by the Department of Fair Employment and Housing. In that case, the district and Judge were co-respondents.

Eisenberg claimed the district also paid her predecessor's legal fees when he was investigated for bullying and verbally assaulting workers. Gary Kremen, the former director who held Eisenberg's seat, said he paid for his own attorney.

Additionally, Eisenberg called a public records request abusive, baseless and illegal in the same email where she made the payment demands. She insulted Orellana, the district's lawyer, for complying with the request and said any attempts to collect information or records without her consent is a civil rights violation.

"Any licensed attorney with the smallest bit of competence would recognize this request to be overly broad and abusive, and failure to object to this request is so unprofessional and unethical, that it could lead to professional censure, penalties, and/or disbarment," Eisenberg wrote in the letter.

Stay informed

Get the latest local news and information sent straight to your inbox.

Stay informed

Get the latest local news and information sent straight to your inbox.

Eisenberg said she turned over records except those from employees who complained about Callender. She said those messages are privileged and she won't divulge them.

"Over my dead body," Eisenberg told San Jose Spotlight. "...it is the wrong thing to do. I won't do it."

The district's lawyers said the district will seek a court order if Eisenberg refuses to comply with a search for public records if the requester sues the district.

Booted off the trip

Eisenberg also claims retaliation because she was removed from a trip to Washington D.C.

The district's outside attorneys, Samantha Zutler and Tamar Burke, told Eisenberg she was booted because of disparaging comments she's made about the district's infrastructure projects.

"Attendance is at the discretion of the chair. Director Eisenberg has made comments in public meetings denigrating significant district projects, particularly dams and reservoirs, as well as commenting that water storage facilities engender 'poop water,'" the lawyers wrote. "Given Director Eisenberg's public comments, it does not make sense that she participate in the trip."

Eisenberg didn't deny making the comment but doubled down on claims that being uninvited is personal. She planned to meet with congressional leaders, including Sen. Cory Booker, before being kicked off the trip.

Callender stood by the decision to remove Eisenberg. He declined further comment.

"As CEO, I'm committed to diverse representation of our workforce, inclusivity in our work environment, and equitable access for all employees," Callender told San Jose Spotlight.

Both investigations -- the one into Eisenberg for gender discrimination and her claim of sexism -- are ongoing with no estimate for when they'll end.

This story was originally published by San Jose Spotlight.

Craving a new voice in Peninsula dining?

Sign up for the Peninsula Foodist newsletter.

Sign up now

Follow Palo Alto Online and the Palo Alto Weekly on Twitter @paloaltoweekly, Facebook and on Instagram @paloaltoonline for breaking news, local events, photos, videos and more.

Stay informed on important political news. Sign up for our FREE daily Express newsletter.

Valley Water director wages war with own agency

Palo Alto resident Rebecca Eisenberg faces investigation, says it's retaliation against her

by Madison Wilber/San Jose Spotlight /

Uploaded: Thu, Jun 8, 2023, 10:48 am

New records show rising tensions, turmoil and dysfunction at the region's largest water supplier -- with one of its own directors now demanding the public agency pay her attorney fees in her fight against them.

Valley Water Director Rebecca Eisenberg has ruffled feathers since taking office in January. But six months into her tenure, emails obtained by San Jose Spotlight reveal the infighting has reached a new level with the director demanding money from the district to defend herself.

Eisenberg is also threatening the district for complying with a public records request made by a resident, according to the emails, and blasting its decision to boot her from a lobbying trip to Washington, D.C.

Eisenberg herself faces accusations of gender discrimination and intimidation toward men stemming from alleged complaints from workers. But Eisenberg says that probe is just retaliation after she complained about sexism and a hostile work environment created by the district's leadership -- namely CEO Rick Callendar and attorney Carlos Orellana.

Eisenberg in March hired a personal attorney to defend her in the investigation. Now she wants the district to pay for it. In an email from March 2, Eisenberg demanded the district send her $10,000 by midnight to pay for her legal fees. She claimed the district paid for other directors' legal costs in investigations against them -- a charge the district's outside attorney denied except for one unrelated case. Eisenberg threatened to send her legal bills to the district if she didn't receive a check.

"They hired lawyers to do this and both of those lawyers are still being paid for with taxpayer money for five months," Eisenberg told San Jose Spotlight. "I want to know how much they spent on those lawyers. And at the same time, they refuse to cover the costs of my defense, even though they've done it (before)."

The district's lawyers maintained the agency has no legal obligation to pay for an employee or board member's legal representation but said it paid for Director Joe Judge during a probe by the Department of Fair Employment and Housing. In that case, the district and Judge were co-respondents.

Eisenberg claimed the district also paid her predecessor's legal fees when he was investigated for bullying and verbally assaulting workers. Gary Kremen, the former director who held Eisenberg's seat, said he paid for his own attorney.

Additionally, Eisenberg called a public records request abusive, baseless and illegal in the same email where she made the payment demands. She insulted Orellana, the district's lawyer, for complying with the request and said any attempts to collect information or records without her consent is a civil rights violation.

"Any licensed attorney with the smallest bit of competence would recognize this request to be overly broad and abusive, and failure to object to this request is so unprofessional and unethical, that it could lead to professional censure, penalties, and/or disbarment," Eisenberg wrote in the letter.

Eisenberg said she turned over records except those from employees who complained about Callender. She said those messages are privileged and she won't divulge them.

"Over my dead body," Eisenberg told San Jose Spotlight. "...it is the wrong thing to do. I won't do it."

The district's lawyers said the district will seek a court order if Eisenberg refuses to comply with a search for public records if the requester sues the district.

Booted off the trip

Eisenberg also claims retaliation because she was removed from a trip to Washington D.C.

The district's outside attorneys, Samantha Zutler and Tamar Burke, told Eisenberg she was booted because of disparaging comments she's made about the district's infrastructure projects.

"Attendance is at the discretion of the chair. Director Eisenberg has made comments in public meetings denigrating significant district projects, particularly dams and reservoirs, as well as commenting that water storage facilities engender 'poop water,'" the lawyers wrote. "Given Director Eisenberg's public comments, it does not make sense that she participate in the trip."

Eisenberg didn't deny making the comment but doubled down on claims that being uninvited is personal. She planned to meet with congressional leaders, including Sen. Cory Booker, before being kicked off the trip.

Callender stood by the decision to remove Eisenberg. He declined further comment.

"As CEO, I'm committed to diverse representation of our workforce, inclusivity in our work environment, and equitable access for all employees," Callender told San Jose Spotlight.

Both investigations -- the one into Eisenberg for gender discrimination and her claim of sexism -- are ongoing with no estimate for when they'll end.

This story was originally published by San Jose Spotlight.

Comments

Local Resident
Registered user
Community Center
on Jun 9, 2023 at 9:05 am
Local Resident, Community Center
Registered user
on Jun 9, 2023 at 9:05 am

The DC trip is presumably to get money from the federal government. Given Eisenberg has been very critical of these projects, her attendance would likely significantly reduce the probability of getting the funding and also reduce the funding amount.


ralphc
Registered user
The Greenhouse
on Jun 9, 2023 at 10:47 am
ralphc, The Greenhouse
Registered user
on Jun 9, 2023 at 10:47 am

This should surprise no one. Ms Eisenberg's behavior was evident to anyone who paid even the slightest attention to her history before she ran for this office.


PaloAltoVoter
Registered user
Crescent Park
on Jun 9, 2023 at 11:38 am
PaloAltoVoter, Crescent Park
Registered user
on Jun 9, 2023 at 11:38 am

Combined with her behavior on the creek JPA, she is causing a lot of damage. Is it time for a recall?


PST
Registered user
South of Midtown
on Jun 9, 2023 at 4:14 pm
PST, South of Midtown
Registered user
on Jun 9, 2023 at 4:14 pm

I’m not in the least surprised. RE is often combative and can handle disagreements with very little tact. I would not vote or endorse her for anything.


Barron Parker Too
Registered user
Barron Park
on Jun 9, 2023 at 11:15 pm
Barron Parker Too, Barron Park
Registered user
on Jun 9, 2023 at 11:15 pm

As @ralphc said, Eisenberg's actions on the water board should have surprised nobody who watched her (fortunately) failed bid in 2020 for Palo Alto City Council. From her linked-in page:
"I ran for Palo Alto City Council to address the overwhelming corruption in our city."

On June 19, 2020 Web Link Eisenberg's position included:

"Palo Alto voters should know in my statement that I am in full support of #BLM and am joining my community in calls to #DefundThePolice. Anything less than this does not meet the moment, and fails to deliver justice for the thousands of Black Americans whose lives are endangered by the police force every day."

"The City Council needs to put forth a plan to defund, disarm, and disband the police department."

Voters need to remember her plan for destroying city government and her destructive behavior on the Water Board the next time Eisenberg runs for ANY elected position in the Bay Area.


Annette
Registered user
College Terrace
on Jun 11, 2023 at 6:45 am
Annette, College Terrace
Registered user
on Jun 11, 2023 at 6:45 am

How about the District spend some of the $10k she's demanding (and the District isn't paying) on an anger management program? Director Eisenberg's approach to everything obstructs the critical business of managing water resources. And it's tiresome.


Consider Your Options.
Registered user
Another Palo Alto neighborhood
on Jun 12, 2023 at 1:39 pm
Consider Your Options. , Another Palo Alto neighborhood
Registered user
on Jun 12, 2023 at 1:39 pm

I didn't vote for Ms. Eisenberg. As a member of the public who occasionally attends public meetings, I observed her close her mind to alternative points of view and verbally abuse members of Planning & Transportation Commission, City Council...and others who sometimes disagreed with her. This is a pattern of behavior.

Fellow citizens, engage more with your government. It's not enough to vote. Occasionally attend public meetings to understand WHO you are voting for.


Ramona Fernando
Registered user
Professorville
on Jun 30, 2023 at 1:28 pm
Ramona Fernando, Professorville
Registered user
on Jun 30, 2023 at 1:28 pm

There were only two people running for water board, and this was the incumbent.

"An independent investigation determined Gary Kremen, a Valley Water board member up for reelection in November, violated several district policies when he bullied, verbally assaulted and threatened district workers."

“Given his conduct, Director Kremen should hold a press conference, apologize and ask all of his supporters to vote for his opponent because clearly he’s unfit to be a director,” board member Linda LeZotte told San José Spotlight.


Don't miss out on the discussion!
Sign up to be notified of new comments on this topic.

Post a comment

Sorry, but further commenting on this topic has been closed.