Gran Jurado del Condado de Calaveras
2011-2012
Hallazgos & Recomendaciones
7 hallazgos
F1:
The Mark Twain Healthcare District Board has had a limited turnover in its elected members. Since there are no term limits it is possible for a District Board member to serve for decades if reelected.
Recomendaciones relacionadas (1)
R1:
3 RESPONSE REGARDING JENNY LIND FIRE PROTECTION DISTRICT 41
F2:
The Mark Twain Healthcare District's office (CEO, CFO, secretarial help, financial committee), website and telephone number are identical to that of the Mark Twain Healthcare Corporation. Even the District Board’s files are archived within the Corporate offices. This has allowed the Corporation to control access to the elected District Board and its records.
Recomendaciones relacionadas (1)
R2:
RESPONSE REGARDING THE CALAVERAS COUNTY JAIL 43
F3:
Information from the private Corporate Board was either incomplete or not communicated to the full District Board until it was too late for the District Board to have any influence even though two elected District Board members sit on the Corporate Board. Since elected District Board members are the legal liaison between the District Board and the Corporate Board, they are responsible for all communication pertaining to public issues on healthcare within the county. 14
Recomendaciones relacionadas (1)
R3:
RESPONSE REGARDING CALAVERAS COUNTY ANIMAL SHELTER 45
F4:
The Mark Twain Healthcare District has three seats on the Corporate Board only as long as the Corporate Board’s bylaws read the way they currently do. If the bylaws were rewritten to exclude the District Board’s representation on the Corporate Board, the electorate would lose its voice concerning healthcare in this county.
Recomendaciones relacionadas (1)
R4:
RESPONSE REGARDING ANGELS CAMP POLICE DEPARTMENT 47
F5:
The District Board's Financial Committee or their CFO submitted incomplete information to the independent auditors for the annual audit. The Management’s Discussion and Analysis (MD&A) as required by law was never prepared.
Recomendaciones relacionadas (1)
R5:
RESPONSE REGARDING THE CALAVERAS COUNTY DEPARTMENT OF 49 PUBLIC WORKS
F6:
The public has lost confidence in the healthcare provided in the county.
Recomendaciones relacionadas (1)
R6:
RESPONSE REGARDING COPPER COVE ROCKY ROAD COMMUNITY 51 SERVICES DISTRICT
F7:
The Grand Jury finds that the required public notices of District Board meetings and agendas were only posted on the bulletin board in the administrative area of the hospital. Although this minimally meets the requirements of the Brown Act, it limits public access to those notices.
Recomendaciones relacionadas (1)
R7:
RESPONSE REGARDING CALAVERAS COUNTY SCHOOL DISTRICTS’ 53 SUPERINTENDENTS OFFICES
Recomendaciones adicionales
9
No vinculadas a hallazgos específicos.
R8:
RESPONSE REGARDING THE CALAVERAS COUNTY BOARD OF 57 EDUCATION ALTERNATIVE EDUCATION PROGRAMS 5 TABLE OF CONTENTS (cont.) Page
R9:
RESPONSE REGARDING CALAVERAS COUNTY ASSESSOR’S OFFICE 59
R10:
RESPONSE REGARDING CALAVERAS COUNTY OFFICE OF AUDITOR- 61 CONTROLLER AND DEPARTMENT OF TECHNOLOGY SERVICES
R11:
RESPONSE REGARDING CALAVERAS COUNTY OFFICE OF AUDITOR- 65 CONTROLLER
R12:
RESPONSE REGARDING CALAVERAS COUNTY MANAGEMENT REPORT 69
R13:
RESPONSE REGARDING THE CALAVERAS COUNTY BEHAVIORAL 71 HEALTH SERVICES SUBSTANCE ABUSE PROGRAM AND THE CALAVERAS WORKS AND HUMAN SERVICES AGENCY CHILD PROTECTIVE SERVICES PROGRAM
R14:
RESPONSE REGARDING CALAVERAS WORKS AND HUMAN SERVICES 73 AGENCY AND CALAVERAS COUNTY VETERANS SERVICES PROGRAM
R15:
RESPONSE REGARDING IN-HOME SUPPORTIVE SERVICES PROGRAM 77
R16:
RESPONSE REGARDING THE CALAVERAS PUBLIC AUTHORITY 79 6 A. FACTS ABOUT THE GRAND JURY SYSTEM WHAT IS A GRAND JURY? A Grand Jury is a judicial body composed of a set number of citizens. Ancient Greece exhibited the earliest concepts of the Grand Jury System. Another reference can be found during the Norman conquest of England in 1066. There is evidence that the courts of that time summoned a body of sworn neighbors to present crimes which had come to their knowledge. In 1066 the Assize of Clarendon appears to be the beginning of the true Grand Jury system. At that time juries were established in two types: Civil and Criminal. Toward the end of the United States Colonial Period, the Grand Jury became an important adjunct of government: Proposing new laws, protesting abuses in government, and influencing authority in their power to determine who should and should not face trial. Originally, the Constitution of the United States made no provisions for a Grand Jury. The Fifth Amendment, ratified in 1791, added this protection. THE GRAND JURY IN CALIFORNIA The California Constitution, Article 1, Section 23, states, “One or more Grand Juries shall be drawn and summoned once a year in each County.” In California every county has a civil Grand Jury. Criminal Grand Juries are seated as necessary. A civil Grand Jury‘s function is to inquire into and review the conduct of county government and special districts. The Grand Jury system in California is unusual in that Federal and County Grand Juries in most states are concerned solely with criminal indictments and have no civil responsibilities. Grand Jurors are citizens of all ages and different walks of life bringing their unique personalities and abilities. Grand Jurors are selected from the Department of Motor Vehicles and Voter Registration files. In some counties citizens may request to be on the Grand Jury. Jurors spend many hours researching; reading, and attending meetings to monitor county government, special districts, and overseeing appointed and elected officials. A final report is created after many hours of fact-finding investigations conducted by the Grand Jury. This report can disclose inefficiency, unfairness, wrongdoings, and violations of public law and regulations in local governments. The report can also recognize positive aspects of local government and provide information to the public. The Grand Jury makes recommendations for change, requests responses, and follows up on responses to ensure more efficient and lawful operation of government. CALAVERAS COUNTY GRAND JURY The Calaveras County Grand Jury is a judicial body sanctioned by the Superior Court to act as an extension of the Court and the conscience of the community. The Grand Jury is a civil investigative body created for the protection of society and enforcement of its laws. The conduct of the Grand Jury is delineated in California Penal Code, Section 888 through Section 945. Grand Jurors are officers of the Superior Court but function as an independent body. One provision of the Grand Jury is its power, through the Superior Court, to aid in the prosecution of an agency or individual they have determined to be guilty of an offence against the people. RESPONSIBILITIES OF THE GRAND JURY The major function of the Calaveras County Grand Jury is to examine County and City government and special districts to ensure their duties are being lawfully carried out. The Grand Jury reviews and evaluates procedures, methods, and systems utilized by these agencies to determine if more efficient and economical programs may be used for the betterment of the County‘s citizens. It is authorized to inquire into charges of willful misconduct or negligence by public officials or the employees of public agencies. The Grand Jury is mandated to investigate the conditions of jails and detention centers. The Grand Jury is authorized to inspect and audit the books, records, and financial expenditures of all agencies and departments under its jurisdiction, including special districts and non-profit agencies, to ensure funds are properly accounted for and legally spent. In Calaveras County the Grand Jury must recommend an independent Certified Public Accountant to audit the financial condition of the County. RESPONSE TO CITIZEN COMPLAINTS The Grand Jury receives formal complaints from citizens alleging government inefficiencies, mistreatment by officials, and voicing suspicions of misconduct. Anyone may ask that the Jury conduct an investigation on agencies or departments within the Grand Jury‘s jurisdiction. All such requests and investigations are kept confidential. The Grand Jury investigates the operations of governmental agencies, charges of wrongdoing within public agencies, and the performance of unlawful acts by public officials. The Grand Jury cannot investigate disputes between private parties nor any matters in litigation. Neither official request nor public outcry can force the Grand Jury to undertake an inquiry it deems unnecessary or frivolous. FINAL REPORT The Final Report includes the findings and recommendations of the Grand Jury and is released to the Superior Court Judge by July 1 of each year. It is made available to the new Grand Jury, the media, the public, and government officials. It will also be available on the Calaveras County Grand Jury website: http://www.co.calaveras.ca.us/cc/Departments/GrandJury.aspx 8 HOW TO CONTACT THE GRAND JURY Those who wish to contact the Grand Jury may do so by writing to: Calaveras County Grand Jury P. O. Box 1414 San Andreas, CA 95249 A Citizen’s Complaint Form may be requested by calling 209-754-5860. The form is also available at all county libraries and for download on the Grand Jury website at www.co.calaveras.ca.us/cc/Departments/GrandJury.aspx. Completed forms may be mailed to the above address or faxed to the Grand Jury at 209-754-9047. MEMBERS OF THE 2011-2012 CALAVERAS COUNTY GRAND JURY Dan McPherson, Foreperson Suzie Coe, Foreperson Pro Tem Lydia Testa, Recording Secretary Sherry Marsh, Correspondence Secretary John Darroch, Sergeant-at-Arms Geoff Antus Monique Johnson-Wolfe Nancy Barton Karen LeBlanc Michael Bayha Jim Lewis Ron Braidman Karen Moon Leanne Bryan Dave Richards Marcy Crawford Kris Wilmot Harriet Johns 9 THIS PAGE LEFT BLANK INTENTIONALLY 10 1. MARK TWAIN HEALTHCARE DISTRICT INTERIM REPORT REASON FOR INVESTIGATION Penal Code Section 925 states in part “… investigations may be conducted on some selective basis each year.” The Grand Jury decided to investigate the Mark Twain Healthcare District due to publicity in the Calaveras Enterprise of turmoil and discord within the healthcare system of Calaveras County. PROCEDURES The Grand Jury began their investigation by acquiring the following public documents: 1. Minutes of the Mark Twain Healthcare District Board meetings for the years 2010 and 2011 2. All leases between the Mark Twain Healthcare District, the Mark Twain St. Joseph’s Healthcare Corporation and Catholic Healthcare West 3. The Mark Twain Healthcare District Bylaws 4. The annual independent audits for the Mark Twain Healthcare District for the years 2009 and 2010. The Grand Jury also requested the “Management’s Discussion and Analysis” (MD&A) for those audits. The Chief Financial Officer said they were unavailable because they were not done for those years even though the inclusion of MD&A is accepted practice for annual audits. 5. The 2005 LAFCO report on the Mark Twain Healthcare District. The Mark Twain Healthcare District could not locate their responses to the recommendations made in that report. 6. The 2010 Tax Return for the Mark Twain St. Joseph’s Healthcare Corporation, which operates the Mark Twain St. Joseph’s Hospital in San Andreas, CA. The following interviews were conducted: 1. All five members of the Mark Twain Healthcare District’s Board of Directors 2. Three members of the Mark Twain St. Joseph’s Healthcare Corporate Board 3. The CFO of Mark Twain St. Joseph’s Hospital and the CFO of Mark Twain Healthcare District Board; the same person serves as CFO of both 4. Physicians who have left Mark Twain St. Joseph’s Hospital in the last two years as well as those who still practice there Members of the Grand Jury observed regular monthly meetings of the Mark Twain Healthcare District Board that were open to the public. One meeting was a joint session of the Corporate Board and the District Board. Also present at the joint meeting was the attorney of record for each board.