This commentary was contributed by Stacie McGrady. The opinions expressed do not necessarily represent BenitoLink or other affiliated contributors. Lea este artículo en español aquí.

San Benito County LAFCO is a state directed commission. It is unique to California and exists in every county. One of their responsibilities, along with protecting agricultural lands and preventing urban sprawl, is to conduct regular Municipal Service Reviews and Sphere of Influence updates. These non-partisan and unbiased reports give information on the growth of the community and availability of services including water, fire and law services, wastewater removal, and managing growth. LAFCO representatives are drawn from the local city councils, Board of Supervisors, the public, and Special Districts, if they choose to participate. Representatives, regardless of other political positions, are referred to as commissioners. They are specifically prohibited from acting for or engaging in practices to support their political activities. 

In December 2024, commissioners were Hollister Mayor Mia Casey, San Juan Bautista City Mayor Pro Tem Leslie Jordan, San Benito County Supervisors Bea Gonzales and Angela Curro, and Public Member Richard Bettencourt. Alternate commissioners were Elia Salinas, EJ Sabathia and Supervisor Mindy Sotelo. On January 9, the LAFCO commissioners took their seats for the new term. Curro, Bettencourt, Salinas and Sotelo were all in the midst of their appointed terms. 

Upon taking the role of Chair at the County Board in December, Supervisor Kosmicki took it upon himself to remove Supervisors Curro and Sotelo from their roles as LAFCO commissioners. He followed that action by installing himself and Supervisor Dom Zanger in the vacancies. Newly elected Supervisor Ignacio Velasquez was appointed to replace Supervisor Sotelo. Roxanne Stephens replaced Mia Casey.  City councilman Rudy Picha was selected as the city alternate. These actions by Chair Kosmicki, clearly supported by Zanger and Stephens have raised a number of red flags. It is highly unusual and not recommended, to remove commissioners midterm, absent ethical, moral or legal issues. LAFCO is a complex organization, with a steep learning curve. None of the newly empaneled commissioners, save Richard Bettencourt, Elia Salinas and Ignacio Velasquez (during his previous term as Mayor) have any LAFCO experience. Most of them have very little experience in governance at all.

The January meeting progressed. Agenda item 6.3 was an educational LAFCO overview by Executive Officer Jennifer Stephenson. She reported on the seriously overdue Municipal Service Reviews. As mandated by the Cortese-Knox-Hertzberg (CHK) Local Government Reorganization Act, LAFCO is required to conduct Municipal Service Reviews before establishing or updating a Sphere of Influence (SOI) for a local agency. The presentation included a slide organizing necessary reviews by priority.

The Sphere of Influence (SOI) is necessary for a community or district to make plans for the future.

Instead of moving forward with the plan presented by Ms. Stephenson, Commissioner Kosmicki made a motion to indefinitely suspend the schedule for Municipal Service Reviews. The motion was supported by Commissioner Zanger and passed by a 3-2 vote. Commissioners Jordan and Bettencourt did not support the motion, voting no. 

Commissioner Kosmicki went on to specifically address the San Benito Wastewater Municipal Services Review. This MSR took over a year to prepare by the previous ad hoc committee. It is currently available for review with the City of Hollister, City of San Juan Bautista, and county Board of Supervisors. The MSR has been released by LAFCO for public comments, accepted through January 31, 2025. 

Commissioner Kosmicki was perfectly clear that he does not support the idea of a San Benito Regional Wastewater Service. His stated concerns were that the MSR would encourage growth. The intent seems to disallow this fact-finding report for any critical consideration. Commissioner Jordan attempted to  clarify the matter, explaining that the Wastewater MSR is not a growth endorsing document. Instead, the MSR is solely an investigation used to identify options and potential opportunities for improvements. 

Commissioner Kosmicki took several opportunities to insert his opinions during the meeting. As a commissioner, it is not his role to support his personal or county agenda. As a state agency, LAFCO is tasked with evaluating municipal services by gathering information from many sources, identifying opportunities for inter-agency collaboration and recommending actions. 

January agenda item 7.2 included announcements and requests for future Agenda items. Commissioner Zanger requested a change to the bylaws to prevent commissioner alternates from speaking on agenda items when the primary commissioner is present. Commissioner Kosmicki requested an item to immediately repeal the June 2024 invitation for Special Districts to fully participate in LAFCO. This is another clear and direct violation of state law, that specifically allows Special Districts to be a part of LAFCO. Kosmicki followed up with a second request to require the special districts to pay 75% of costs.
Again, state law allows for up to 33%, but not more, unless the special funding is voted on and approved by all member agencies. Special Districts have the option of joining LAFCO, and this request by Chair Kosmicki is clearly intended to discourage participation. The January meeting was adjourned shortly thereafter.

The February 13 LAFCO meeting proved to be even more shocking and disappointing. The agenda for the meeting was posted on February 6, 2025. Agenda item 5.2 called for the removal of Commissioner Richard Bettencourt as well as alternate Commissioner Elia Salinas. 

This subject was not brought up during the January meeting. It was added at the last minute in order to surprise the community, limit public comment or protest, and move forward the personal goals held by Roxanne Stephens, Dom Zanger and Kollin Kosmicki. 

Executive Officer Jennifer Stephenson stated she did not recommend removing Mr. Bettencourt. There were no allegations regarding either Mr. Bettencourt or Ms. Salinas not fulfilling their roles, being absent, malfeasance or any unethical behavior. Just last year, Mr. Bettencourt was recognized by the state as the LAFCO member of the year. Ms. Salinas observed that this is the first time in the State of California that commissioners have been removed without cause. Commissioner Zanger appeared ashamed as he would not even look Richard in the eye. In order to avoid the discomfort of being voted out, Richard Bettencourt resigned his position earlier that day. It was a heartbreaking moment, moving many to tears.

Upon calling for a vote, Commissioner Zanger exclaimed that he wished to “remove Elia immediately”.  Commissioner Kosmicki made his personal feelings clear that he will not tolerate opinions that do not reflect his own. The removal of Mr. Bettencourt and Ms. Salinas was divisive, aggressive and retaliatory.  These behaviors have no place in San Benito County governance. Commissioner Roxanne Stephens supported the actions of Zanger and Kosmicki. 

Following the vote, Commissioner Kosmicki moved for a recess as seating positions on the dais were rearranged to reflect the removal of Ms. Salinas. Many in the audience chose to show their appreciation for Mr. Bettencourt and Ms. Salinas with an ovation. Zanger and Kosmicki couldn’t even do that.

The February LAFCO meeting continued with agenda item 5.3 regarding the previous invitation to Special Districts. As Commissioner Zanger avowed “I don’t want them!” 

The meeting continued, as Chair Kosmicki continued to try and prevent comment from public speaker Elia Salinas and alternate EJ Sabathia. Item 7.2 on the agenda, announcements and requests for future agenda items, included the following:

Supervisor Dom Zanger requested a change to the bylaws regarding the ability for alternate commissioners to speak up.

Chair Kollin Kosmicki requested an item to immediately repeal the invitation for Special Districts to participate and to remove special district participation.

Chair Kosmicki requested an item regarding special funding that would require Special Districts to pay 75% of the total funding- a move intended to discourage further participation. 

The next LAFCO meeting is scheduled for March 13 at 4:00 at 481 Fourth St. Meetings are open to the public in person or by ZOOM. I encourage everyone who can to participate in this important government process. 

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