By Kevin D. Siegel, Partner, Burke, Williams & Sorensen
Santa Clara Valley Water District v. Eisenberg concerns confidential reports, prepared by the Water District’s outside counsel, regarding investigations of complaints of alleged misconduct relative to interactions between Board Member Rebecca Eisenberg (who is also a practicing attorney) and Water District staff. Eisenberg was permitted to review the confidential reports, but not to retain them. Nonetheless, she took the reports and refused to return them to the Water District, even after the censure by the very Board on which she serves.
The Water District filed suit in Santa Clara County Superior ...