Gran Jurado del Condado de Butte
2010-2011
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 (6)
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Hallazgos & Recomendaciones
12 hallazgos
F1:
cases of West Nile Virus in the OMAD. The respondent neither agrees nor disagrees with these findings. The findings are directed at the Oroville Mosquito Abatement District, which is not under my control. The service provided by OMAD, a smaller district, is more personal to the residents of
Recomendaciones relacionadas (1)
R1:
should not be consolidated with another mosquito abatement district. The respondent is unable to comment on these recommendations. The recommendations are directed at the Oroville Mosquito Abatement District, which is an independent governmental entity. The Butte County Board of Supervisors should make use of their website to actively
F2:
the district, and is cost effective. The respondent neither agrees nor disagrees with these findings. The findings are directed at the Oroville Mosquito Abatement District, which is not under my control. Appointments to the OMAD Board by the Butte County Board of Supervisors and the
F3:
Oroville City Council have not been timely or in accordance with California law. The respondent partially agrees with the finding. I understand that requests from OMAD to its board for appointments have not been done timely, therefore appointments have not been done timely. However, appointments have been done in accordance to California law. As a result of lengthy vacancies, the OMAD Board has often not had a quorum and has
Recomendaciones relacionadas (1)
R3:
assure that appointments to fill vacancies to OMAD and other special districts boards, commissions, and committees for which they have the responsibility to appoint members are timely and in accordance with California Law. The respondent is unable to comment on these recommendations. The recommendations are directed at the Board of Supervisors, and although I am a member of the Board, I cannot speak for the Board, nor the Oroville City Council. The Butte County Board of Supervisors and Oroville City Council should take steps to
F4:
been unable to conduct business. From October 2007 through March 2010, there has only been a full five-member OMAD Board for seven months. The respondent neither agrees nor disagrees with these findings. Since I am not involved in the day-to-day operations of OMAD, I am not aware of the reasons why the OMAD board has been unable to conduct business. A qualified person who had demonstrated interest and commitment to the OMAD Board
F5:
by attending numerous meetings and who was recommended as an appointee by the OMAD Board was not even considered for that appointment by the District One Supervisor. The respondent disagrees with the finding. I did consider the individual for appointment, but chose not to bring the name to the Board of Supervisors, as the candidate did not meet my criteria of a qualified candidate. The District One Supervisor's failure to fulfill his obligation to oversee appointments to
F6:
the OMAD Board appears to be due to making his personal interests more important than his regard for California law which states: The trustees shall represent the interests of the public as a whole and not solely the interests of the board of supervisors or the city council that appointed them. This has often left the OMAD Board unable to function properly, due to long, unfilled vacancies. The respondent emphatically disagrees with the finding. The law cited in the finding refers specifically to the duties of district trustees, not the members of the Board of Supervisors. Also, the obligation of overseeing appointments belongs to OMAD, not the Board of Supervisors. Since I am not involved in the daily workings of the OMAD Board, I cannot comment on the reasons they have been unable to properly function, or how their lack of appointment oversight has contributed to it. I take the appointment process seriously, and do not recommend appointments simply because a name was provided. When an individual is presented to me for an appointment, I need to be sure that the individual is the best candidate to serve the community in that capacity. Appointments to the OMAD Board by the Board of Supervisors, as recommended by the
Recomendaciones relacionadas (1)
R5:
Supervisors and Oroville City Council should base their appointments on the needs of the district or commission and not on an individual supervisor's or council member's agenda. The respondent cannot respond to the recommendation. The recommendation is specific to the Board of Supervisors. However, I can unequivocally say that when I am acting in the capacity of a Board member making appointments, my appointments and votes are done with the best interests of the community in mind. The Board of Supervisors should assign responsibility to the Clerk of the Board of
F7:
District One Supervisor, have included at least one person who was unqualified due to their residency being outside the District. The respondent agrees with the finding. At the October 13, 2009 Board of Supervisors meeting, I recommended an appointment to a listed vacancy on the OMAD. It was determined after the appointment was approved that the individual did not meet the residency requirements. The appointee, having been made aware of the requirement, subsequently resigned from the OMAD. The appointment letters to new OMAD Board appointees by the Board of Supervisors do
Recomendaciones relacionadas (1)
R6:
Supervisors or another county government official to determine if an applicant or appointed person to fill a board vacancy meetings the residency and other mandated requirements. The Oroville City Council should also designate such a person in the city administration. The respondent cannot respond to the recommendation. The recommendation is specific to the Board of Supervisors and the Oroville City Council. The OMAD Board should monitor upcoming vacancies and communicate with the
F8:
not include the relevant information regarding the OMAD Board responsibilities, meeting time, and place. The respondent neither agrees nor disagrees with these findings. The findings are directed at the Board of Supervisors, and although I am a member of the Board, I cannot speak for the Board. However, the responsibility to provide OMAD Board members relevant information about their responsibilities, meeting time, and place belongs to the OMAD Board. The OMAD Board and the appointee were not notified by mail of an October 2009
Recomendaciones relacionadas (1)
R2:
publicize vacancies and information (qualifications, purpose, functions, and current board members) for the special district boards, commissions, and committees to which they have the responsibility to appoint members. The respondent is unable to comment on these recommendations. The recommendation is directed at the Board of Supervisors, and although I am a member of the Board, I cannot speak for the Board. The Butte County Board of Supervisors and Oroville City Council should take steps to
F9:
appointment recommended by the District One Supervisor and approved by the Board of Supervisors. The respondent neither agrees nor disagrees with these findings. The findings are directed at the Clerk of the Board of Supervisors. The Locals Appointments List, as related to the OMAD, and over a period of time that we
F10:
reviewed has not been accurately maintained as required by California law by both the County of Butte and the City of Oroville. The respondent neither agrees nor disagrees with these findings. The findings are directed at the Clerk of the Board of Supervisors and the City of Oroville. The OMAD Board has not been monitoring Board Members' term expiration dates. As a
Recomendaciones relacionadas (1)
R4:
assure that the Local Appointments List is accurate with respect to OMAD and other special districts boards, commissions, and committees for which they have the responsibility to appoint members. The respondent is unable to comment on these recommendations. The recommendation is directed at the Board of Supervisors, and although I am a member of the Board, I cannot speak for the Board. When making appointments to districts, boards, commissions, Butte County Board of
F11:
result, they have not been notifying the proper appointing authorities in a timely manner or current or anticipated vacancies or their interest of being reappointed. The respondent is unable to agree or disagree with the finding. The findings are directed to OMAD. At times, for security reasons, the doors to the OMAD Board meeting room in the
Recomendaciones relacionadas (2)
R7:
appointing authorities so that vacancies are filled in a timely manner. The respondent cannot respond to the recommendation. The recommendation is specific to the OMAD Board. The OMAD Board should immediately communicate with the appointing authority
R8:
whenever an unexpected vacancy occurs. The respondent cannot respond to the recommendation. The recommendation is specific to the OMAD Board. The City of Oroville and the OMAD Board should work together to assure that the doors
F12:
Oroville City Hall have been locked and access for citizens may have been hindered. The respondent is unable to agree or disagree with the finding. The findings are directed to OMAD and the City of Oroville, and does not know the reasons for locking the doors. Grand Jury Recommendations OMAD should continue to function as an independent mosquito abatement district and
Recomendaciones relacionadas (1)
R9:
to the OMAD Board meeting room in the Oroville City Hall are unlocked during OMAD Board meetings. The respondent cannot respond to the recommendation. The recommendation is specific to the OMAD Board and the City of Oroville. However, I fully endorse the recommendation. The most basic concept of a public meeting is access to the public. To meet behind closed doors, even if everything else is done properly, gives the appearance of impropriety, which results in a loss of public confidence. Bill Connelly
Hallazgos & Recomendaciones
8 hallazgos
F1:
Concern for the safety of humans, domestic animals, and the environment was evident to the Grand Jury in its review of the BCMVCD.
F2:
The BCMVCD is regulated to ensure the health and safety of employees and community members.
F3:
The chemical storage facilities at both the Oroville and Chico locations are constructed to ensure environmental safety, and containment and clean-up of any potential spills.
F4:
The BCMVCD underwent a change of management near the time of the 2007-2008 Grand Jury report which cited morale problems. Morale issues no longer appear to be a significant problem at the BCMVCD.
F5:
Ongoing employee safety training is integrated into the District's monthly meetings; however, certified first aid training for employees is neither provided nor required. 35
F6:
The BCMVCD website is comprehensive, educational, easy to use, and exhibits transparency in its practice of publicly posting its financial information.
F7:
The new BCMVCD Otterson Drive substation is much larger than the property it formerly occupied, is currently underutilized, and its laboratory is unequipped and unused.
F8:
The BCMVCD policy manual lacks concrete guidelines for acceptable and unacceptable vehicle use. .
Recomendaciones adicionales
3
No vinculadas a hallazgos específicos.
R1:
develop a formal plan and time-line for equipping and fully utilizing the BCMVCD Otterson Drive laboratory facility.
R2:
adopt a vehicle usage policy which details clear and consistent rules and responsibilities, specifically including guidelines for personal use of take home vehicles.
R3:
provide first aid certification training for its employees.
Hallazgos & Recomendaciones
4 hallazgos
F1:
The BINTF South building is well-constructed and suitable for their needs.
F2:
Evidence handling procedures, including documentation, logging, tracking, numbering, security and disposal, are handled in a manner that ensures integrity of the evidence.
F3:
The evidence room is secure and well-organized.
F4:
The BINTF South facility lacks a security fence around the parking area.
Recomendaciones adicionales
1
No vinculadas a hallazgos específicos.
R1:
Install a security fence for the parking area, providing an estimated completion date.
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Hallazgos & Recomendaciones
19 hallazgos
F1:
The Gridley Business Improvement District‟s non-profit status is listed as suspended, and this is due to an error by the California Secretary of State.
F2:
Any problem involving the Mayor serving as Executive Director of GBID has been resolved. 57
F3:
Some City Council members and the Mayor have had contentious interactions with members of the public and one another at Gridley City Council meetings attended by the Grand Jury.
F4:
The research and development concept for biofuel using rice straw became a catalyst for disagreement and animosity, dividing Gridley City Council and public opinion.
F5:
Rice straw was moved from the original location in the farmers‟ fields to the Industrial Park, at some cost to the City of Gridley, where it rotted, became infested with vermin and had to be hauled away.
F6:
Rice Straw alone has not yet been proven to be a viable source to create a biofuel.
F7:
Monies were used from City of Gridley taxpayer funds to purchase the parcel behind the Rio Pluma plant (Parcel #025-200-088) and pay the Energy Commissioner for his representation regarding NCPA.
F8:
The City of Gridley purchased land (Parcel #025-200-088) that was outside its sphere of influence at the time of purchase for a total of $679,000, using Gridley taxpayer funds. The land is still zoned for agricultural purposes.
F9:
Until recently, Gridley City Council agendas and minutes have been vague and lacked sufficient detail for the public to understand the issues.
F10:
Under the former administration, the City of Gridley engaged in notably ineffective record keeping and file maintenance practices.
F11:
Some proponents, including public officials, assured the Gridley City Council and citizens the Gridley Project would result in no cost to the City. However, Gridley City funds were spent.
F12:
The perception of conflict of interest exists regarding some Gridley City leaders involvement in the Gridley Project while serving in public office.
F13:
Emails have been used by Gridley City Council members to discuss pending agenda items outside the public arena, which limits City residents‟ participation in the governing process, and may violate the Brown Act.
F14:
The City of Gridley Energy Commissioner position has never been a paid position, other than when held by the former Council member who was appointed to the position in 2000.
F15:
The City of Gridley paid the Energy Commissioner from 2000 to 2009, even though the contract which was signed in 2000 expired in 2003. 58
F16:
The former Energy Commissioner appointed in 2000 to represent the City of Gridley with NCPA was paid $526,369.00 out of Gridley taxpayer funds. Gridley Project grant funds paid an additional $438,580.00 for services related to the Gridley Project. The total Energy Commissioner payments over a nine year period amounted to $964,949.00.
F17:
The City of Gridley has been pursuing the biomass project since 1994 and so far the project has proven non-feasible. At least one Gridley City Council member continues to advocate for the project.
F18:
The DOE terminated funding for the Gridley Project in 2010.
F19:
Positive changes have been made to address some of the past practices that created problems within the Gridley community.
Recomendaciones adicionales
9
No vinculadas a hallazgos específicos.
R1:
Schedule ethics and Brown Act classes for all department heads, elected and appointed officials, to be performed annually and keep records of compliance that are made available to the public, perhaps on the website.
R2:
Create a timeline for the City Clerk to remind Gridley City Council members and Gridley City officials at the appropriate time to file Form 700s. Make available to the public, records of ongoing compliance with this requirement.
R3:
Create a policy when seeking individuals for specialized positions to best represent Gridley‟s interests.
R4:
Encourage GBID to move quickly to obtain their non-profit status by correctly registering with the Secretary of State of California.
R5:
In concert with NCPA, continue to pursue other avenues of proven, affordable renewable energy, such as the solar project. Continue to make information regarding this activity available to the public.
R6:
Hold public meetings at which community members can ask questions. Ensure that questions raised receive either verbal responses or follow-up responses that are also publicly available.
R7:
Develop policy and procedures for effectively maintaining Gridley City records. Provide an estimated date of completion for these documents.
R8:
Employ an independent firm to audit and investigate whether any Gridley City officials made decisions or took actions that would constitute a conflict of interest. Make the results of this audit and investigation available to the public. 59
R9:
Create and document an internal audit committee (one person from each department) to audit and ensure that the Gridley City‟s policies and procedures are practiced and performed as written and executed correctly. Make audit reports from this oversight available to the public.
Hallazgos & Recomendaciones
4 hallazgos
F1:
The following special districts reported that they were in full compliance with the ethics training requirements of AB 1234 as of November 15, 2010: Chico Area Park & Recreation District Durham Recreation & Park District Paradise Recreation & Park District South Feather Water & Power Agency
F2:
The following special districts reported that they were not current with the ethics training requirements of AB 1234 as of November 15, 2010, but had achieved compliance by March 15, 2011: Biggs-West Gridley Water District Butte Creek Drainage District Butte Water District Drainage District #100 Drainage District #200 Feather River Park and Recreation District Richvale Recreation & Park District Western Canal Water District
F3:
The following special districts claimed exemption from the ethics training requirements of AB 1234: Drainage District No. Drainage District No. Lake Madrone Water District Reclamation District #833 Rock Creek Reclamation District Sacramento River Reclamation District
F4:
Ethics training for government agencies is available free of charge over the internet.
Recomendaciones adicionales
2
No vinculadas a hallazgos específicos.
R1:
All agency officials (as defined by AB 1234) of the following special districts, even though they currently claim exemption, complete AB 1234 ethics training, as it is for the public good and available free of charge via the internet: Drainage District No. Drainage District No. Lake Madrone Water District Reclamation District #833 Rock Creek Reclamation District Sacramento River Reclamation District
R2:
Every district surveyed develop and adopt a plan to ensure continued compliance with the ethics training requirements of AB 1234.
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Hallazgos y recomendaciones aún no extraídos.
* This report's PDF did not contain easily extractable text and required Optical Character Recognition (OCR) for analysis. There may be minor errors in the extracted findings and recommendations due to OCR limitations with scanned documents.