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Valley Water board accepts conduct report on director Eisenberg after security removes her from the dais

Santa Clara Valley Water District directors voted 6-0 Tuesday to accept an investigation into Rebecca Eisenberg's conduct and set an Oct. 27 meeting on extending her censure; she has sued the district alleging retaliation.

Sasha Lowery

October 14, 20262 min read

The board of the Santa Clara Valley Water District, the agency that supplies water and flood protection to about 2 million people across the county, voted 6-0 on Tuesday to accept an outside investigator's report on director Rebecca Eisenberg and scheduled an Oct. 27 meeting to consider extending her censure and other limits on her conduct.

The vote came after security escorted Eisenberg out of the meeting, the second time since July she has been removed from a district board session, the Mercury News reported. Eisenberg, a Palo Alto attorney seeking a second four-year term on Nov. 3, kept speaking past the five minutes each director is allotted, saying her colleagues had a vendetta against her.

Chair Tony Estremera told her to leave and asked whether police were needed.

The report and the lawsuit

The investigation, commissioned by the board in April and carried out by attorney Kym McCourt, concluded that Eisenberg had shown "a pattern of disrespectful, accusatory and insulting behavior" toward former district counsel Carlos Orellana, according to the Mercury News. Eisenberg declined to be interviewed for it. A 2024 investigation had already led the board to censure her and strip her committee assignments.

A day earlier, Eisenberg said she had filed a federal lawsuit against the district, former CEO Rick Callender and Orellana, alleging whistleblower retaliation, defamation and emotional distress. She has said she was targeted for opposing the now-canceled Pacheco Pass reservoir and the district's settlement with Callender, who resigned in March after an investigation found he had sexually harassed two employees.

At Tuesday's meeting she called the findings "make-believe accusations" and said the dispute "will be decided in federal court." She has said she has spent $300,000 of her own money on legal costs fighting the district.

Colleagues respond

Director Jim Beall said that in more than 40 years in elected office he had never seen such persistent violations of conduct standards.

Director Shiloh Ballard said she shares many of Eisenberg's values but that her attempts to work with her had "devolve[d] into personal attacks," and noted that without committee seats Eisenberg cannot represent her constituents on bodies such as the San Francisquito Creek Joint Powers Authority.

Eisenberg faces Los Altos City Council member Pete Dailey, a former Los Altos mayor, in the Nov. 3 election. Dailey told the Mercury News after the meeting that her behavior is inconsistent with serving in elected office.

The board's Oct. 27 session will take up whether to extend the censure.

Sources

mercurynews.com

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Sasha Lowery

Sasha Lowery writes about community life, schools, public safety, and local events in Saratoga.

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