When Janice Keating ran for a seat on the Modesto Irrigation District (MID) Board of Directors, she promised to be a budget hawk. Keating argued that her experience as an accountant would bring MID ratepayers a keen eye and sharp pencil to the MID. Since her time on the Board, Keating has been more of a budget buster than hawk.
Her single most notable action was a failed lawsuit against the District and fellow Director Robert Frobose on charges of gender discrimination and harassment. The case had so little foundation that Keating ended up having to pay a large portion of the attorneys’ fees.
Since then, Keating has seemed to have trouble staying focused on issues critical to MID’s financial security, most especially the Byrd case. Last September, MID launched an investigation into credible allegations that Director Larry Byrd had irrigated out-of-district orchards with in-district water. The investigation by 4Creeks Engineering determined that Byrd could not have irrigated the orchard in question with groundwater, as he had claimed.
Though the only other available water supply was MID surface water, 4Creeks investigators concluded they could not determine whether or not Byrd had used that water on his out-of-district trees, even though his irrigation system features pipes that can deliver MID water directly to the out-of-district trees with a 250 horsepower pump.
Last December, when Keating voted against continuing the investigation, she admitted she found it difficult to understand the 4Creeks report. Instead of asking for clarification or voting to continue the investigation, Keating voted with Byrd to drop the investigation. Byrd himself voted in a clear conflict of interest, which is now being investigated by the FPPC.
Since that December meeting, Keating has missed two subsequent meetings. Last Tuesday, after a motion to continue the investigation, rather than vote, Keating abstained, saying she didn’t want to get into an argument “between two farmers.”
The Byrd issue has nothing to do with an argument between farmers. The impetus for the investigation was a claim by Byrd’s former ranch manager that Byrd had used MID surface water on his out-of-district trees. If proven, the allegation amounts to a case of embezzlement of public resources by an MID Director.
Everyone involved in the Byrd case acknowledges his out-of-district trees are thriving. Former ranch manager Todd Sill’s claim that Byrd “seldom’ used the diesel pump he claimed provided the out-of-district trees with groundwater was confirmed by the 4Creeks investigation. Given that the trees have thrived and that surface water is the only other water source, the only logical inference is that Byrd watered out-of-district trees with in-district water.
The out-of-district trees amount to approximately 100 acres. Ordinarily, mature almond trees require at least three acre-feet of water to reach optimum production. Three acre-feet of water times 100 acres at today’s market prices amount to tens of thousands of dollars for just one-year’s irrigation. The orchards on the AB La Grange Ranch are ten years old.
None of these numbers could possibly be ambiguous to a professional accountant like Janice Keating. Nonetheless, instead of applying her expertise and fulfilling her fiduciary duty to her constituents, Janice Keating ran and hid, thereby depriving the MID Board of Directors the quorum needed to complete the investigation into Director Byrd’s irrigation practices on the AB La Grange Ranch. Two Directors, including Byrd himself, recused.
In failing to address an issue of extreme financial concerns for MID ratepayers, Janice Keating not only broke her campaign promises, she abandoned her duty to monitor and safeguard the district’s most precious resource. Come November, Keating’s abstention will be a major campaign issue, as well as her failed campaign promises four years prior.
She and Byrd need to resign. Larry is a crook and everyone knows it.
I agree they should both resign but they won’t do the right thing because if they were concerned about what is right Larry Byrd would not be embezzling resources from the ratepayers and Janice Keating would have voted to further the investigation to determine how much he has stolen from the ratepayers and how to recover the theft.
Crook ? I resemble that remark lol.
Janice Keating promised voters that she would find the waste. Confronted with facts of $250,000+ stolen water, she abandoned the ratepayers and made it about her personal grievances. Don’t tell us what you did as a city councilmember 15 years ago when you have done nothing as an MID director. Abstain? If you don’t have the stomach to vote then resign.
I find your investigative reporting extremely refreshing. This is the kind of sunshine this county needs to make Stanislaus County a better place to live. Thank you so much for your hard work and journalistic bravery for publishing these facts in a non-partisan way.
It will be an interesting Fall – Frobose, Boer and Keating are all up for re-election. Expect to see at least 2 of the 3 challenged – maybe ALL 3. They each have their detractors and groups wishing to possibly make changes. Wouldn’t it be ironic if the Board flipped and the new Board reinstalled Director Byrd as President for the remainder of his 2 year term! The Valley Citizen would be on overload!
Even more interesting will be seeing who contributes to these three incumbents and their challengers. The money behind large AG water battles are 4-digit and 5-digit contributors. The 2-digit and 3-digit contributions will be your average ratepayer. And, before you crown Larry Byrd Board President, consider that the State Water Board, FPPC and potentially a grand jury are reviewing his actions. I appreciate the Valley Citizen shining a light on these local issues.
When the investigation is completed by the authorities Larry Byrd, the emmbezzler of public resources, will never be president again. Probably be removed from the board under GC 3060 or some other way
Janice Keating’s actions are incomprehensible.
Harry Truman said “If you can’t stand the heat, get out of the kitchen.” Hopefully in November, the voters will remember this lack of spine and she will be removed from the kitchen.
Janice Keating and Larry Byrd both took an oath of office which included the words “…that I will well and faithfully discharge the duties upon which I am about to enter.” Neither appears to have done that.
Laurence & Cynthia – If this is at the level of the Grand Jury (Hell yes it is!) it would not be the first time. The DA still has to enforce. They (DA) have tended to stay out of Special Districts in order to focus their resources on violent crime. As for FPPC, a fine or slap on the wrist is the most you can expect from them – maybe in a couple of years. The real issue that will cause pain would be the loss of the Riparian water rights. Loss of those will be nearly precedential and devastating from a supply side – especially in the current SGMA world. The negative focus on the Tuolumne River while they try to get their Voluntary Agreement with the State Board, is not welcome. At least two of those Board Members remember Director Byrd sitting in the front row during the BDCP hearings with his hat and blue t-shirt on glaring at them. I’m sure TID and CCSF are not happy with the unwanted attention on MID. And then there is the largest winery in the world – when will they weigh in with one of their lead attorneys being so visible in the defense of his brother? So many storylines and strands of a spider web to explore. Lots of WHAT IF’s!
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