The Santa Clara Valley Water District board adopted a resolution Tuesday, Oct. 27, continuing its censure of Rebecca Eisenberg, the District 7 director who represents Palo Alto.

The decision followed a public hearing and an investigation into her conduct toward a district employee, according to Valley Water’s Oct. 29 announcement. Eisenberg disputes the findings and calls the proceeding retaliation for whistleblowing.

The action came one week before the Nov. 3 election. Eisenberg faces Los Altos Councilmember Pete Dailey in the District 7 race, according to the Local News Matters election guide.

Investigator substantiated misconduct allegations

Attorney Kym McCourt’s investigation summary concluded that Eisenberg likely accused an employee of lying, called the employee incompetent and accused the employee of bribing judges during a Jan. 29 closed-session meeting.

The summary also substantiated a complaint concerning a March 14 blog post. McCourt concluded that Eisenberg likely violated the board’s ethics and governance rules.

The investigator interviewed 11 witnesses and used a preponderance-of-the-evidence standard, meaning a finding was considered more likely true than not. The summary says Eisenberg did not participate in an interview despite repeated scheduling attempts.

The board accepted the investigation summary as its ethics committee’s findings Oct. 13, according to Valley Water.

Eisenberg disputes the findings

In a written response submitted for the Oct. 27 hearing, Eisenberg challenged the investigation and said she would not attend.

“I oppose this investigation and proposed censure as retaliation for whistleblowing,” she wrote.

Eisenberg disputed the report’s characterization of her conduct and described its evidence as “unsworn hearsay.” She also alleged that the board had denied her adequate notice and a reasonable opportunity to defend herself.

“My absence is neither an admission of the charges nor a waiver of my objections,” she wrote.

Earlier disciplinary action

Valley Water first censured Eisenberg in March 2024 following a separate investigation. Its announcement at the time reported findings of discriminatory harassment, abusive conduct and improper direction to staff.

The board also removed her from committee roles in 2024. The October action continues the censure established through Resolution 24-10, according to Valley Water.