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The East Palo Alto Sewer District appointed former Menlo Park mayor Kelly Fergusson to the board during a hectic meeting on Thursday, June 9. The police were called on one audience member when a verbal argument ensued over Fergusson’s appointment.
The district faces dissolution after the San Mateo County Local Agency Formation Commission voted for the second time to allow the city of East Palo Alto to take over the sewer. LAFCo says merging the sewer will increase transparency and facilitate growth. According to a post on East Palo Alto’s website, merging the district will remove a barrier for new housing as currently, the city needs approval of the district for any land use change.
The city will terminate the proposal if 50% of landowners and voters submit written objections and will hold an election if at least 25% of voters object.
During Thursday’s meeting, a verbal argument started when Fergusson was about to be appointed. One resident in the audience argued that the sewer district failed to inform residents of the opening, which was why Fergusson was the only applicant. A staff member called the police and the board went into recess. The East Palo Alto Police Department confirmed that they were called to the meeting due to a disturbance but have no record of an arrest, meaning the resident most likely left on her own accord.
Members of the board said they were “very impressed” with Fergusson’s qualifications. According to her application, Fergusson has served on 14 boards in various capacities. She also holds a doctorate in civil engineering from Stanford University.
In 2010, Fergusson resigned as Menlo Park mayor due to violating the Brown Act by meeting with council members to discuss her desire for becoming mayor, The Almanac reported at the time.
The district violated the Brown Act in 2016 by literally locking the public out of meetings to discuss a reorganization plan, according to San Mateo Superior Court Judge Marie Weiner. Recordings and minutes of meetings also “disappeared,” according to board testimony.
When asked about the 2010 incident and her appointment to a public board which has a history of violating the Brown Act, Fergusson said, “I have schooled myself in the Brown Act and have become an expert in it. I will obviously conduct myself in accordance and I am confident that the district will go forward with the utmost transparency.”
She added that she completed the Directors Education Program at the University of Toronto. The program is directed toward corporate governance. The website says, “The goal of the program is to build competencies deemed necessary to be an effective director.”
In May, Fergusson attended a protest hearing arguing that the district should remain independent. She said at the time, “I’m a widow with two kids in college struggling to pay my mortgage on one income and if the sewer rates double, I’m that much closer to losing my house. And so many live closer to the edge than I.”
Editor’s note: A previous version of this article incorrectly described Fergusson’s actions in 2010. Fergusson resigned as mayor. The Almanac regrets the error.
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