Ex-PUD commissioner comments on attorney

EPHRATA — Former Grant County PUD Commissioner Bill Judge told commissioners he was concerned about recent talks suggesting the contracted PUD attorney work in-house.

Judge also said he also disagreed with commission talks suggesting attorney Ray Foianini may have to directly report to PUD General Manager Tim Culbertson.

Judge said the scandals broadcast on the news are due to a lack of checks and balances and transparency.

He noted he was looking for the independence of appointees and added a man can’t answer to two people.

Last week, Commissioner Terry Brewer said problems occurred when Foianini and Culbertson couldn’t decide on how to move forward with issues.

Commissioners decided Dec. 8 to reduce Foianini’s contract extension from six months to two months.

The decision wasn’t a reflection of Foianini’s work, rather what was best for the utility, Bernd said last week.

No new decisions about Foianini’s contract were made Monday.

So far this year, the PUD has paid Foianini’s office $502,107 and concerns have also been mentioned regarding costs from being billed hourly.

In the meantime, research is being done to find job descriptions and salary schedules for PUD attorneys.

Commissioner Bob Bernd said he wasn’t aware of a current job description for Foianini and cited the contract as being the only document he knew of.

Foianini wasn’t present at the meeting Monday during Judge’s time at the podium.

Judge said the commission struggled with the same issues in 2001 and 2002 and held 46 meetings to discuss the matter. Appointees are to report directly to the commission, not management.

After six years serving as commissioner, Judge said there was only one person he could trust: the attorney.

Commissioner Randy Allred said before he started serving as commissioner, he understood that Foianini answered to former General Manager Don Godard.

Judge said that wasn’t the case, but there was an attempt to pass a resolution to make the change.

Culbertson he didn’t think the resolution was approved.

Commissioner Greg Hansen said he thought there was a working agreement signed by commissioners stating they would obtain their information from the general manager.

Commissioner Tom Flint said at the time, there were efforts made, but the end result never changed.

Culbertson said he didn’t think there was an employee who didn’t feel safe taking to the commission.

Judge also chastised PUD Treasurer/Controller Jim Bunch for what he viewed as decision-making statements during the morning session of the PUD meeting.

Bunch didn’t respond to Judge’s accusations.

Culbertson defended Bunch by explaining Bunch reports to him as controller and to the commission as treasurer.

Culbertson also said policy-making wasn’t occurring and they were making recommendations about industrial rates.

Allred said he wants staff’s input about industrial rates and it will be up to commissioners to insert the numbers.

Hansen agreed with Judge about his views regarding appointees and added the points are especially true with the attorney.

Judge said Foianini is the most knowledgeable attorney in the PUD system.

Foianini isn’t a lapdog and provided honest answers, Judge added.

Flint said he didn’t think anyone has questioned independence or transparency.

The district has a lot of business that has to take place, Flint said.

Having the attorney fully report to the manager isn’t where the commission is at, Flint added.