Amador County Grand Jury
2013-2014
From the annual report
The consolidated year-end volume. The individual investigations it contains are listed separately below.
📑 Year-End Report
The full consolidated volume; individual reports are listed below.
Individual reports (8)
Quick View
Full Details →
Findings & Recommendations
4 findings
F1:
An elected trustee did, on more than one occasion act as an individual rather than speaking for the entire School Board.
F2:
An elected trustee did interact directly with District staff rather than working through the Superintendent.
F3:
An elected trustee did violate policy by directly interacting with District staff to affect changes to District policy without going through the Superintendent.
F4:
When violating Board policies, an elected trustee did act in a manner that was unprofessional and confrontational. __________________________________________________ { 62 }
Quick View
Full Details →
Findings & Recommendations
7 findings
F1:
There are assumptions and misconceptions about the legal standing of extended family members.
Related Recommendations (1)
R1:
The County should develop a handout specifically for extended family members explaining the CPS process and their role in it. (Finding 1, 2)
F2:
Each situation can be emotional for all family members, both core and extended.
F3:
Core family members have the responsibility throughout the process to read the handouts provided by caseworkers regarding Detention Court and to ask questions if something is not clear.
Related Recommendations (1)
R2:
If extended family members are present at the Detention Hearing, forms JV050 and JV055 should be provided to them by caseworkers. (Finding 3)
F4:
Steps in the process of Child Welfare Services can be difficult to understand. While complex in nature, the process is intended to protect the child and support the core family.
F5:
The County is interested in the core family’s progress toward eliminating the problems that led to the County’s intervention.
F6:
CPS caseworkers, attorneys and the Court are all motivated toward reunification of core families.
F7:
CPS has put together procedures to formally address complaints regarding the care of the child by the foster family.
Quick View
Full Details →
Findings & Recommendations
28 findings
F1:
Special Events are included in the County’s Encroachment Permit process.
Related Recommendations (1)
R1:
The complaint process against a trustee should be made clear to all District staff. Superintendent may keep a complainant’s identity confidential, except to the extent necessary to investigate the complaint. Board Policy 1312.1 prohibits retaliation against complainants. (Findings 1, 2, 3, 4)
F2:
There is no central location for information addressing the various agencies’, cities’, and departments’ special events permitting processes.
F3:
The County Public Works Department has a contact number to call in the event of an area left damaged or littered after a special event. Often residents call the Sheriff’s Department or do not call at all. The phone number for the County Public Works Department is 209-223-6429. Bike event in March, 2014 -
F4:
Special Events within the County often include more than one city Plastic arrows are 12”l x 3”w and have melted into and use connecting county and state roads between the cities. the pavement.
F5:
An elected trustee did actively oppose any Board investigation into the misconduct discussed at a Board meeting in June, 2013 as required by the Bylaw 9401 when the accusations of misconduct are brought before the Board.
Related Recommendations (1)
R2:
The present censure policy should be discarded. An independent 3 person board, appointed by the Board at the beginning of the school year, should evaluate all claims of inappropriate behavior by any elected trustee. Board policy should include consequences of inappropriate behavior if it is found to be true. (Findings 5, 6, 7)
F6:
The complaint was never investigated by the Board because the individual accused of misconduct was allowed to vote against further investigation.
F7:
The Bylaws did not indicate consequences nor were any consequences discussed by the Board for inappropriate behavior.
Related Recommendations (1)
R6:
Where appropriate, Bylaws should include specific language relating to the consequences when Bylaws are not followed. (Finding 7) __________________________________________________ { 63 }
F8:
Training is not required, but there is a wide disparity among trustees regarding the value of ongoing training and attendance of courses available.
Related Recommendations (1)
R3:
The Bylaws should mandate continuing training for all trustees. (Findings 8, 10)
F9:
While the various trustees interviewed were aware of the Bylaws pertaining to Board self evaluation and training, most were vague on specifics. All trustees interviewed thought the Board self evaluation a good idea but no one could state exactly the last time such an evaluation was undertaken or what the outcome was.
Related Recommendations (2)
R4:
The Board should conduct written annual self evaluations, presented publically during a Board meeting, where both the Board goals and a statement assessing whether those goals were met are presented. (Finding 9)
R5:
The public should have the opportunity to comment on the goals and evaluations of the Board. (Finding 9)
F10:
All trustees interviewed claimed to know what the Brown Act requires, yet violations continue to occur.
Related Recommendations (2)
R7:
The Grand Jury, as an interested party in the violations occurring with the Brown Act, is demanding that the Board “cure and correct” the actions it has taken in violation of the Brown Act per GC §54960.1 and avoid these violations in the future. (Finding 10)
R8:
The contract for legal counsel services should include meeting agenda review and approval prior to the posting of the agenda to avoid Brown Act violations on a fixed fee rate and not an hourly rate. (Finding 10, 11)
F11:
The contract for legal counsel includes “board governance” in the scope of work, however, absent from Board activity is any meaningful input from legal counsel regarding their monthly meetings.
F12:
EST. COST IN STATE HIGHWAY RIGHT-OF-WAY FUNDING SOURCE(S) FEDERAL STATE LOCAL PRIVATE
F13:
PRODUCT TYPE DIAMETER VOLTAGE / PSIG 14.CALTRANS' PROJECT CODE PIPES
F15:
Double Permit Parent Permit Number _______________________________________ Applicant's Reference Number / Utility Work Order Number _______________________________________
F16:
Have your plans been reviewed by another Caltrans branch? NO YES (If "YES") Who?____________________
F17:
Completely describe work to be done within STATE highway right-of-way : Attach 6 complete sets ofplans (folded to 8.5" x 11"), and any applicable specifications, calculations, maps, etc. All dimensions shall be in U.S. Customary (English) Units. 18.Is a city, county, or other agency involved in the approval of this project? YES (If "YES", check type of project and attach environmental documentation and conditions of approval. ) COMMERCIAL DEVELOPMENT BUILDING GRADING OTHER _______________________________________________________________ CATEGORICALLY EXEMPT NEGATIVE DECLARATION ENVIRONMENTAL IMPACT REPORT OTHER _____________________________ NO (If "NO", please check the category below which best describes the project, and complete of this application.) DRIVEWAY OR ROAD APPROACH, RECONSTRUCTION, MAINTENANCE, OR RESURFACING FENCE PUBLIC UTILITY MODIFICATIONS, EXTENSIONS, HOOKUPS MAILBOX FLAGS, SIGNS, BANNERS, DECORATIONS, PARADES AND CELEBRATIONS EROSION CONTROL LANDSCAPING OTHER ______________________________________________________________________________ 19.Will this project cause a substantial change in the significance of a historical resource (45 years or older), or cultural resource? YES NO (If "YES", provide a description) 20.Is this project on an existing highway or street where the activity involves removal of a scenic resource including a significant tree or stand of trees, a rock outcropping or a historic building? YES NO (If "YES", provide a description)
F18:
Is a city, county, or other agency involved in the approval of this project? DRIVEWAY OR ROAD APPROACH, RECONSTRUCTION, MAINTENANCE, OR RESURFACING PUBLIC UTILITY MODIFICATIONS, EXTENSIONS, HOOKUPS FLAGS, SIGNS, BANNERS, DECORATIONS, PARADES AND CELEBRATIONS ENVIRONMENTAL IMPACT REPORT NEGATIVE DECLARATION CATEGORICALLY EXEMPT
F19:
Will this project cause a substantial change in the significance of a historical resource (45 years or older), or cultural resource?
F20:
Is this project on an existing highway or street where the activity involves removal of a scenic resource including a significant tree or stand of trees, a rock outcropping or a historic building? YES NO (If "YES", provide a description) (If "YES", provide a description) NO (If "NO", please check the category below which best describes the project, and complete of this application.) YES (If "YES", check type of project and attach environmental documentation and conditions of approval. )
F21:
Is work being done on applicant's property? YES NO (If "YES", attach site and grading plans.) ADA NOTICE:For individuals with sensory disabilities, this document is available in alternate formats. For information, call (916) 654–6410, TTY 711, or write to Records and Forms Management, 11_2_0 _N_ S_tre_e_t, _M_S_–_89_, _Sa_c_ra_m_en_to_,_ C_A_ 9_58_1_4_.__________________________________ { 102 } STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION STANDARD ENCROACHMENT PERMIT APPLICATION PERMIT NO. TR-0100 (REV.07/2007) 22.Will this proposed project require the disturbance of soil? YES NO If "YES", estimate the area within State Highway right-of-way in square feet AND acres: _____________________ (ft2) AND ______________________ (acres) estimate the area outside of State Highway right-of-way in square feet AND acres: ______________________ (ft2) AND _____________________ (acres) 23.Will this proposed project require dewatering? YES NO If "YES", estimate total gallons AND gallons/month.__________________________ (gallons) AND __________________________ (gallons/month) SOURCE*: STORM WATER NON-STORM WATER (*See Caltrans SWMP for definitions of non-storm water discharge: http://www.dot.ca.gov/hq/env/stormwater/index.htm ) 24.How will any storm water or ground water be disposed of from within or near the limits of this proposed project? Storm Drain System Combined Sewer / Storm System Storm Water Retention Basin Other (explain): _______________________________________________________________________________________________________________________ PLEASE READ THE FOLLOWING CLAUSES PRIOR TO SIGNING THIS ENCROACHMENT PERMIT APPLICATION. The applicant, understands and herein agrees that an encroachment permit can be denied, and/or a bond required for non- payment of prior or present encroachment permit fees. Encroachment Permit fees may still be due when an application is withdrawn or denied, and that a denial may be appealed, in accordance with the California Streets and Highways Code, Section 671.5. All work shall be done in accordance with Caltrans rules and regulations subject to inspection and approval. The applicant, understands and herein agrees to the general provisions, special provisions and conditions of the encroachment permit, and to indemnify and hold harmless the State, its officers, directors, agents, employees and each of them (Indemnitees) from and against any and all claims, demands, causes of action, damages, costs, expenses, actual attorneys’ fees, judgments, losses and liabilities of every kind and nature whatsoever (Claims) arising out of or in connection with the issuance and/or use of this encroachment permit and the placement and subsequent operation and maintenance of said encroachment for: 1) bodily injury and/or death to persons including but not limited to the Applicant, the State and its officers, directors, agents and employees, the Indemnities, and the public; and 2) damage to property of anyone. Except as provided by law, the indemnification provisions stated above shall apply regardless of the existence or degree of fault of Indemnities. The Applicant, however, shall not be obligated to indemnify Indemnities for Claims arising from the sole negligence and willful misconduct of State, its officers, directors, agents or employees. An encroachment permit is not a property right and does not transfer with the property to a new owner DISCHARGES OF STORM WATER AND NON-STORM WATER: Work within State Highway right-of-way shall be conducted in compliance with all applicable requirements of the National Pollutant Discharge Elimination System (NPDES) permit issued to the Department of Transportation (Department), to govern the discharge of storm water and non-storm water from its properties. Work shall also be in compliance with all other applicable Federal, State and Local laws and regulations, and with the Department’s Encroachment Permits Manual and encroachment permit. Compliance with the Departments NPDES permit requires amongst other things, the preparation and submission of a Storm Water Pollution Protection Plan (SWPPP), or a Water Pollution Control Program (WPCP), and the approval of same by the appropriate reviewing authority prior to the start of any work. Information on the requirements may also be reviewed on the Department's Construction Website at: http://www.dot.ca.gov/hq/construc/stormwater
F22:
Will this proposed project require the disturbance of soil? YES NO If "YES", estimate the area within State Highway right-of-way in square feet AND acres: _____________________ (ft2) AND ______________________ (acres) estimate the area outside of State Highway right-of-way in square feet AND acres: ______________________ (ft2) AND _____________________ (acres)
F23:
Will this proposed project require dewatering? YES NO If "YES", estimate total gallons AND gallons/month.__________________________ (gallons) AND __________________________ (gallons/month) SOURCE*: STORM WATER NON-STORM WATER (*See Caltrans SWMP for definitions of non-storm water discharge: http://www.dot.ca.gov/hq/env/stormwater/index.htm )
F24:
How will any storm water or ground water be disposed of from within or near the limits of this proposed project? Storm Drain System Combined Sewer / Storm System Storm Water Retention Basin Other (explain): _______________________________________________________________________________________________________________________ ____________________________________________________________ { 103 } FEE CALCULATION -- FOR CALTRANS USE CASH CREDIT CARD EXEMPT CALCULATED BY (1) (2) PROJECT CODE __ __ __ __ __ __ DEFERRED BILLING (Utility) REVIEW 1. _______ HOURS @ $________ * 2. _______ HOURS @ $________ * INSPECTION 1. _______ HOURS @ $________ * 2. _______ HOURS @ $________ * FIELD WORK _________ HOURS @ $________ *
F25:
NAME of APPLICANT or ORGANIZATION (Print or Type) E-MAIL ADDRESS ADDRESS of APPLICANT or ORGANIZATION WHERE PERMIT IS TO BE MAILED (Include City and Zip Code) PHONE NUMBER FAX NUMBER
F26:
NAME of AUTHORIZED AGENT / ENGINEER (Print or Type) IS LETTER OF AUTHORIZATION ATTACHED?E-MAIL ADDRESS YES NO ADDRESS of AUTHORIZED AGENT / ENGINEER (Include City and Zip Code) PHONE NUMBER FAX NUMBER
F27:
SIGNATURE of APPLICANT or AUTHORIZED AGENT 28. PRINT OR TYPE NAME 29.TITLE 30. DATE ____________________________________________________________ { 103 } STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION STANDARD ENCROACHMENT PERMIT APPLICATION PERMIT NO. TR-0100 (REV. 07/2007) WORK ORDER/REFERENCE NUMBER FEE CALCULATION -- FOR CALTRANS USE CASH CREDIT CARD NAME ON CARD ____________________________ PHONE NUMBER _________________ CHECK NUMBER _________ NAME ON CHECK ___________________________ PHONE NUMBER _________________ EXEMPT PROJECT CODE __ __ __ __ __ __ DEFERRED BILLING (Utility) CALCULATED BY (1) (2) REVIEW 1. FEE / DEPOSIT DATE 2. FEE / DEPOSIT DATE TOTAL FEE / DEPOSIT 1. _______ HOURS @ $________ * $______________ $______________ 2. _______ HOURS @ $________ * $______________ $______________ INSPECTION 1. FEE / DEPOSIT DATE 2. FEE / DEPOSIT DATE TOTAL FEE / DEPOSIT $______________ 1. _______ HOURS @ $________ * $______________ 2. _______ HOURS @ $________ * $______________ $______________ FIELD WORK _________ HOURS @ $________ * $______________ $______________ $______________ DEPOSIT DATE DEPOSIT DATE DEPOSIT EQUIPMENT & MATERIALS $______________ $______________ $______________ CASH DEPOSIT IN LIEU OF BOND $______________ $______________ $______________ TOTAL COLLECTED $______________ $______________ CASHIER'S INITIALS ______________ ______________ $______________ * The Standard Hourly Rate is set annually by HQ Encroachment Permits. District Office staff do not have authority to modify this rate. DATE AMOUNT PERFORMANCE BOND $ DATE AMOUNT PAYMENT BOND $ AMOUNT LIABILITY INSURANCE REQUIRED? YES NO $ ____________________________________________________________ { 104 } STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION STANDARD ENCROACHMENT PERMIT APPLICATION PERMIT NO. TR-0100 (REV. 07/2007) INSTRUCTIONS for completing This page needs to be completed when the proposed project DOES NOT involve a City, County or other public agency. Your answers to these questions will assist departmental staff in identifying any physical, biological, social or economic resources that may be affected by your proposed project within the State highway right-of-way and to determine which type of environmental studies may be required to approve your application for an encroachment permit. It is the applicant's responsibility for the production of all required environmental documentation and supporting studies and in some cases this may be costly and time-consuming. If possible, attach photographs of the location of the proposed project. Please answer these questions to the best of your ability. Provide a description of any "YES" answers (type, name, number, etc.)
F28:
PRINT OR TYPE NAME E-MAIL ADDRESS 29.TITLE
F30:
DATE PLEASE READ THE FOLLOWING CLAUSES PRIOR TO SIGNING THIS ENCROACHMENT PERMIT APPLICATION. The applicant, understands and herein agrees that an encroachment permit can be denied, and/or a bond required for non- payment of prior or present encroachment permit fees. Encroachment Permit fees may still be due when an application is withdrawn or denied, and that a denial may be appealed, in accordance with the California Streets and Highways Code, Section 671.5. All work shall be done in accordance with Caltrans rules and regulations subject to inspection and approval. The applicant, understands and herein agrees to the general provisions, special provisions and conditions of the encroachment permit, and to indemnify and hold harmless the State, its officers, directors, agents, employees and each of them (Indemnitees) from and against any and all claims, demands, causes of action, damages, costs, expenses, actual attorneys’ fees, judgments, losses and liabilities of every kind and nature whatsoever (Claims) arising out of or in connection with the issuance and/or use of this encroachment permit and the placement and subsequent operation and maintenance of said encroachment for: 1) bodily injury and/or death to persons including but not limited to the Applicant, the State and its officers, directors, agents and employees, the Indemnities, and the public; and 2) damage to property of anyone. Except as provided by law, the indemnification provisions stated above shall apply regardless of the existence or degree of fault of Indemnities. The Applicant, however, shall not be obligated to indemnify Indemnities for Claims arising from the sole negligence and willful misconduct of State, its officers, directors, agents or employees. An encroachment permit is not a property right and does not transfer with the property to a new owner DISCHARGES OF STORM WATER AND NON-STORM WATER: Work within State Highway right-of-way shall be conducted in compliance with all applicable requirements of the National Pollutant Discharge Elimination System (NPDES) permit issued to the Department of Transportation (Department), to govern the discharge of storm water and non-storm water from its properties. Work shall also be in compliance with all other applicable Federal, State and Local laws and regulations, and with the Department’s Encroachment Permits Manual and encroachment permit. Compliance with the Departments NPDES permit requires amongst other things, the preparation and submission of a Storm Water Pollution Protection Plan (SWPPP), or a Water Pollution Control Program (WPCP), and the approval of same by the appropriate reviewing authority prior to the start of any work. Information on the requirements may also be reviewed on the Department's Construction Website at: http://www.dot.ca.gov/hq/construc/stormwater PHONE NUMBER ADDRESS of APPLICANT or ORGANIZATION WHERE PERMIT IS TO BE MAILED (Include City and Zip Code) FAX NUMBER E-MAIL ADDRESS PHONE NUMBER FAX NUMBER IS LETTER OF AUTHORIZATION ATTACHED? YES NO PERMIT NO.
Quick View
Full Details →
Findings & Recommendations
11 findings
F1:
The public had ample opportunities to attend open and publicly agendized meetings where important decisions were being made, voice their concerns, and make suggestions about various aspects of the streetscape project.
Related Recommendations (1)
R1:
The public is encouraged to attend Council and other public meetings to become involved and to avoid missing out on decisions that affect the city. (Findings 1, 2, 5)
F2:
Several public hearings and open meetings were conducted for public input to influence decisions made, but no consensus was reached regarding benches, hardscape, street light placement, etc.
F3:
There were several design engineers’ drawings and specifications of the proposed bridge and downtown Amador City available for public view in the City Hall.
F4:
After reviewing the plans located at the back of the City Clerk’s Office, the Grand Jury found that the streetscape items built conformed to the plans.
F5:
Agendas are publicly displayed in 3 locations in conformance with the Brown Act.
F6:
Minutes from Council meetings are inadequate. The Public Hearing sections of the Council meetings are not complete and persons who speak and subjects discussed are not included in the minutes. Motions made and votes identified, including the number of abstentions, are not noted.
Related Recommendations (1)
R2:
The Council should improve the minutes of Council meetings and should develop written backup material for oral presentations of standing committees. A good example of well documented minutes can be found on the Amador County Board of Supervisors’ website. (Finding 6)
F7:
The Council assigned several committees and liaisons over an extended period of time to address various aspects of the bridge replacement projects including streetscape. There was no formal communication between groups and no standing meetings scheduled, agendized, or publicly noticed. ____________________________________________________________ { 116 }
Related Recommendations (4)
R3:
The Council must maintain positive working relationships with the community. (Findings 7, 11)
R4:
To facilitate transparency and open government, minutes and packet materials should be available on the City’s internet website and to attendees at the Council meetings. (Findings 7,11)
R5:
For any continuing or new projects, the Council should make a formal standing committee that will address the specific project and be properly agendized and publicly noticed. (Finding 7)
R6:
The Standing Committees should prepare formal written reports and presentations to the Council every month until the projects are completed. This will allow for public review and involvement. (Findings 7,11)
F8:
Important decisions made during the period between 2009 and the completion of the projects was made in a legal manner.
F9:
While Ordinance 169 was in place, the Council bypassed the DRC approval requirement when it authorized the Mayor or designees to develop and approve task orders and work orders in project design without returning to the Council for approval.
F10:
The Council gave authority to 2 Council members to develop work assignments and to authorize the work based on dollar limits.
F11:
The Council, by allowing 1 or 2 persons the authority to approve work on major projects without full Council disclosure and public discussion, violated the principle of open government and caused distrust among the citizens.
Quick View
Full Details →
Findings & Recommendations
6 findings
F1:
Jury members observed unsanitary and unhygienic floors in the medical clinic located in Yard B. Stacked cardboard boxes and orange plastic cartons made it difficult to walk in an already crowded hallway.
Related Recommendations (1)
R1:
Unsanitary and clutter issues should be remedied in the Yard B medical clinic immediately. (Finding 1)
F2:
Construction of a new Level II facility began in February, 2014. The project will cost $533 million and will add 375 staff and 1,584 inmates. The facility is expected to be operational in January, 2016 and will be compliant with the Americans with Disabilities Act.
F3:
The Chief Executive Officer of Health Care Services reported that funding has been secured to expand the medical clinics in Yards A, B, and C.
F4:
Three PIA programs - cabinetry, office services, and small engine repair - have been discontinued due to budget constraints.
Related Recommendations (1)
R2:
PIA programs should not be eliminated if they are cash positive. They offer inmates an opportunity to earn income, acquire job skills, and develop good work habits. (Finding 4)
F5:
PGYCC provides services to the State, County, Cities, and authorized recipients. These services provide increased safety and security. Costs to the recipients of firefighting, fire mitigation, and cleanup are therefore reduced.
F6:
Ward training in waste water treatment has been implemented since the 2012-2013 Grand Jury Report.
Related Recommendations (1)
R3:
With one ward already training and working at the WWTP, efforts should be made to gain certification for the ward. If possible, increase the number of wards training and working in waste water treatment if certification becomes an option. (Finding 6) ____________________________________________________________ { 48 }
Additional Recommendations
1
Not linked to specific findings.
R4:
REQUEST FOR RESPONSE Pursuant to California Penal Code §933 (c), a response to this report is required. No later than 90 days after the Grand Jury submits a final report on the operations of any public agency subject to its reviewing authority, the governing body of the public agency shall comment on the
Findings & Recommendations
12 findings
F1:
TRANS loans are not necessary because the County maintains a cash reserve. (Fact 5)
F2:
Sound budget policies have been used in the County for more than 25 years. (Facts 5, 8, 12)
Related Recommendations (1)
R1:
the County continue to use budget strategies to maintain a healthy reserve. The BOS should strive to maintain a contingency fund that is 3% of county expenditures as economic times improve. (Finding 2) ----------------------------------------------------- ( 14 ) -----------------------------------------------------
F3:
The State requires the County address the potential landfill liability. Because of the Cash Reserves policy, the County does not need to pay into the State’s trust accounts for the liability potential. (Fact 6)
F4:
The fiscal integrity of the County has always been more important than an individual job. (Facts 9, 10, 12)
F5:
The Fund Contingency in the County is less than the BOS budget strategies outlined. (Facts 5, 7, 8)
F6:
Proposed budgets are submitted to the BOS from various agencies and commissions in different formats. The proposed budgets are reviewed by the BOS. The different formats cause confusion and can lead to misunderstanding the actual requests. (Fact 15)
Related Recommendations (1)
R3:
all budget proposal documents given to the BOS from any department, commission, or agency overseen by the BOS be presented in a standardized format. The BOS should develop a standardized format for budgets submitted to them. (Finding 6)
F7:
There are fundamental differences between private business accounting and governmental accounting. (Facts 5, 11, 12, 13)
Related Recommendations (3)
R4:
the CAO's office should start the budget workshops with a short refresher course to the BOS on governmental accounting. (Findings 7, 8, 9)
R5:
all Supervisors have opportunities to take classes on the processes of government, which highlight the differences between private business and government business. This should be required for all incoming Supervisors and could be completed online. (Findings 7, 8)
R6:
concentrated training be developed for all members of the BOS on general governmental accounting and budget development specific to the County. Training should be developed by the Office of the County Administrative Officer (CAO). This training should occur at the beginning of every term of each supervisor. (Findings 7, 8, 9)
F8:
BOS departmental budget does not include training for themselves. (Fact 17)
F9:
Review and approval of budgets are a key element to the BOS members’ job, including committees, departments, and county agencies. (Facts 4, 8, 9, 11, 12, 13, 15, 16)
F10:
ACUSD has complied with Board Policy 1356 concerning emergency equipment. first aid and CPR certification. (Fact 5) Both are highly visible.
F11:
School safety plans are available to the public in the District office and each school office (Admin. Regulation 3156). (Facts 1, 2, 3, 4)
F12:
Security could be improved with photo IDs for staff: permanent teachers, substitutes, and school support staff. Photo IDs will identify who should be on campus. (Fact 6)
Additional Recommendations
1
Not linked to specific findings.
R2:
the County annual budget documents need to contain: • a
Findings & Recommendations
1 findings
F1:
(State the finding as written in the grand jury report) State your detailed response to the finding. Attach any supporting documentation.
Related Recommendations (1)
R1:
(State the recommendation as written in the grand jury report) State your detailed response to the finding. Response should include progress on your planned action. Attach any supporting documentation. _____________________________________ Follow the same procedures for each finding and recommendation as written in the grand jury report for this agency. ( 3 ) History of the Grand Jury The grand jury is an investigatory body created for the protection of society and the enforcement of law. The U.S. Constitution’s Fifth Amendment and the California Constitution call for grand juries. Grand juries were established throughout California during the early years of statehood. As constituted today, the grand jury is a part of the judicial branch of government, an arm of the court. In Amador County, the grand jury is impaneled annually and is comprised of 19 members. The Superior Court Judge appoints a foreperson who presides at all full jury proceedings and is responsible for directing the business of the grand jury. Grand jurors are officers of the court, but work as an independent body. It is critical to the effectiveness and credibility of the grand jury that all members function without influence from outside parties. The grand jury serves as the “watchdog” of all branches of the county and city governments. It is not answerable to administrations, politicians or legislators. The grand jury represents the public and the public interest. The grand jury may examine all aspects of county and city government and special districts to ensure the best interests of its citizens are being served. The grand jury reviews and evaluates procedures, methods and systems utilized by county government to determine whether more efficient and economical programs may be employed. All complaints to the grand jury are confidential, as are all grand jury proceedings. The grand jury is authorized to: • inspect and audit county books, records, and financial expenditures to ensure public funds are properly accounted for and legally spent • inspect and report on the performance of financial records for special districts or commissions in the county • inquire into the conditions of jails and detention facilities within the county • investigate and report on charges of willful misconduct in office of public officials or employees • investigate and report on “questionable business practices” of public agencies • investigates citizen complaints that fall under the grand jury’s jurisdiction All grand jury finding and recommendations are issued in a written report at the end of each fiscal year. Each report must be approved by at least 12 members of the grand jury. Within 90 days following issuance of a report, officials responsible for the matters addressed in the report are required to respond in writing. The new grand jury reviews the responses of the affected public agencies. Grand jury reports become public record and are available for viewing on the website at: www.amadorcourt.org/grandjury/grandjury.html ( 4 ) 22001122--22001133 GGrraanndd JJuurroorrss Patti Alderson Doug Bellamy Steve Branco Wally Crane Audra Crocker Katie Dunne Jeremy Edwards Heidi Howard Rick Johnson Jr Rebecca Korematsu Carol McComb Paul Molinelli Jr Mike Murray Jane Parmenter Alan Ross Danny Smith Mark Tonn Julie Traxler Marianne Bourgeois ( 5 ) (Page intentionally left blank) ( 6 )
Quick View
Full Details →
Findings & Recommendations
10 findings
F1:
County department heads, especially for those departments not normally involved with construction, frequently lack construction experience and expertise, space needs and architectural design, and/or real property cost/benefit analysis skills.
F2:
There are no written policies and procedures in to direct staff in acquiring property either by lease or by purchase.
F3:
A set of procedures in place could have overridden the lack of experience of the negotiating team and BOS members.
F4:
With the increase of square footage over the HHS departmental needs, the County has sub-let the extra space to cover costs. While the Grand Jury feels all entities in HHS are a benefit to the community, not all entities are paying at the primary rate of the base lease.
F5:
The lease costs of $7,144,200 (over 5 years) were traded for $400,000 (immediate) in cash. (see letter, Appendix A)
F6:
No County official, auditor, or controller has the official assignment to review fiscal commitments of the County prior to adoption and/or approval by the BOS.
F7:
There is no policy to perform a financial cost-benefit analysis prior to BOS approval.
F8:
Members of the BOS relied on staff to develop needs, space configurations, terms of the leases, and did not perform any due diligence on their own.
F9:
There is no policy or procedure that addresses monies received from an individual or company as a gift, donation, grant or “valuable consideration” by the County.
F10:
The problems and complexities in negotiating leases of property are not limited to the County. A neighboring county has drafted policies and procedures to address these issues. (Appendix E)
Additional Recommendations
4
Not linked to specific findings.
R1:
The County should develop a policy and procedure that requires a cost-benefit analysis for all real estate transactions, lease or purchase, prior to starting negotiations.
R2:
The County should appoint a negotiating team that is professional and knowledgeable and should contain one person experienced in the specific areas and from outside County employment. ____________________________________________________________ { 17 }
R3:
BOS should present, at an open session, the documentation to support the decision to lease or purchase property including the specific costs and benefits of its choice. Terms agreed upon in closed session should be presented in open session to promote public awareness of financial commitments, prior to final adoption of any lease/purchase agreement.
R4:
All monies received either by gift, donation, grant or “valuable consideration” by the County over $10,000 should be formally acknowledged in a separate BOS action, with the source of the funds and the purpose or uses of the funds identified.