Gran Jurado del Condado de El Dorado
2018-2019
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 (7)
Hallazgos & Recomendaciones
7 hallazgos
F1:
The Agreement between El Dorado County and the El Dorado County Fair Association is outdated. Many of the provisions are no longer applicable and others are not enforced.
Recomendaciones relacionadas (1)
R1:
The County should designate a specific department or person that is directly responsible for management of the agreement between the Association and the County.
F2:
El Dorado County does not appear to have a single point of contact responsible for administration, monitoring, and enforcing provisions of the existing Agreement.
Recomendaciones relacionadas (1)
R2:
The County should decide how it wishes to move forward relative to the Fairgrounds with one of these options: a) Assuming direct control of the Fairgrounds and Agricultural Fair or, b) Continuing the relationship with the Association and updating the agreement incorporating the changed conditions since the 2005 Agreement or, c) Modifying the relationship whereby the Association is only responsible for conducting the agricultural fair and the County assuming management of all other activities held on the Fairgrounds.
F3:
El Dorado County holds title to the property on which the El Dorado County Fair Association conducts the annual agricultural fair, as well as a variety of other events.
Recomendaciones relacionadas (1)
R3:
In drafting a new agreement or assuming direct responsibility for operations of the fair and fairgrounds, the County should look into potential revenue opportunities for the County arising from activities outside the Agricultural Fair. ATTACHMENT A Agreement between the County of El Dorado and the El Dorado County Fair Association, Inc. A general non-profit corporation 5/23/2019 A Fair Review 5 El Dorado County 2018-2019 Grand Jury
F4:
The El Dorado County Fair Association was formed for the purpose of conducting the annual agricultural fair.
Recomendaciones relacionadas (1)
R4:
County will and does hereby constitute and appoint Association as agent of County 23 pursuant to Government Code section 25906 for the following purposes: To manage, use and 24 possess and to operate and conduct said fair, fairgrounds property and fairgrounds activities for the 25 term of this Agreement, under the by-laws in force and effect on the date of this contract as indicated ATTACHMENT A 1 during the term of this Agreement, the term of this Agreement shall be extended automatically, 2 without action of the parties, for a period of one (1) beyond its then current expiration date, unless, 3 prior to any Renewal Date, either party to this Agreement gives written notice to the other of its 4 intent not to renew this Agreement. In the event such notice is given prior to any Renewal Date, then 5 the term of the Agreement shall not be extended upon that or any subsequent Renewal Date and the 6 Agreement shall expire at the end of its then remaining term, it being the intent of the parties that 7 notice of nonrenewal be given not less than four (4) years prior to expiration of the Agreement. 8
F5:
By delegating to the El Dorado County Fair Association, the year-round management of the fairgrounds, El Dorado County has missed opportunities to receive revenue from events held on the fairground property.
Recomendaciones relacionadas (1)
R5:
Association will, subject to the laws of the State of California and County ordinances, 9 rules and regulations, use and possess said fair and fairgrounds, and operate and conduct said fair 10 and other activities within the limits and provisions of this Agreement to the end that said fair and 11 other activities shall be conducted in accordance with the highest and best standards for the benefit 12 of County and the State of California. 13
F6:
El Dorado County is inattentive to the El Dorado County Fair Association’s management of the fair and fairgrounds.
Recomendaciones relacionadas (1)
R6:
The real property known as the fairgrounds subject to this Agreement consists of APN 14 Nos. 152-240-11, 352-240-12, 352-280-02 and 352-280-04. 15
F7:
El Dorado County Government has assumed liability for all fair activities and operations without any direct financial benefit.
Recomendaciones relacionadas (1)
R7:
Association agrees to bear, assume, pay and discharge all expenses and obligations 16 incurred by it in connection with said fair from the funds provided to Association by County. 17
Recomendaciones adicionales
21
No vinculadas a hallazgos específicos.
R8:
County shall pay to Association such sums as have been or may be appropriated by the 18 State Department of Food and Agriculture to County from the Fairs and Expositions Fund of the 19 State of California for the purpose of said fair and fairgrounds. County is not obligated to provide 20 general fund monies for any activity contemplated by this Agreement. 21
R9:
Claims of any type made against Association shall be deemed to be claims against County. Association agrees that upon receipt of any document which purports to be a claim, it will forthwith 23 forward such documents to the office of the clerk of the Board of Supervisors. 24
R10:
County agrees to defend and indemnify Association, its officers and employees against 25 any claims made against such persons for personal injuries or property damage resulting from the ATTACHMENT A 1 for Association which will reimburse County for its costs of such general liability risks of loss as 2 arise from operation of the County Fair. By March 1 each year, County shall notify Association in 3 writing of the amount of this charge. County shall compute and determine the amount of this charge 4 using the same computational methods as it employs to develop and budget similar internal charges 5 for the other departments of County Government. Association shall pay this charge in October of 6 each year, or in the month immediately following adoption of County's final budget. 7
R11:
It is understood that at this time vehicles used by Association in connection with official 8 duties are registered with the Department of Motor Vehicles in the name of Association. County 9 agrees that it shall defend and indemnify Association, its officers and employees resulting from 10 injuries to persons and property as the result of the negligence of willful misconduct of such persons. Property damage to Association vehicles, whether caused by third persons or otherwise, shall 12 be the sole responsibility of Association. By mutual agreement with County, Association may 13 transfer title to such vehicles to County for management within County's fleet management program. In that event only, Association shall remit to County the mileage based internal charges applicable 15 to the County departments. Fleet managed vehicles are replaced or repaired at County expense when 16 depreciated or damaged. 17
R12:
The buildings, tenant improvements and all other fixed assets on the fairgrounds are 18 property of County, and shall be financially protected against sudden and accidental loss or damage 19 to the same extent as County insures or self-insures against these same risks of loss to other County 20 owned properties and assets. As part of its annual budget, the Board of Supervisors shall determine a direct service charge 22 for Association that will reimburse County for its costs of such risk of property losses. By March 23 1 each year, County shall notify Association in writing of the amount of this charge. County shall 24 compute and determine the amount of this charge using the same computational methods as it 25 employs to develop and budget similar internal charges for the other departments of County ATTACHMENT A 1 appropriate to the operations and management of the fairgrounds as are properly required of County 2 departments. At least once annually association officer shall meet with County officers to review 3 these policies and procedures. 4
R14:
In connection with any fair functions or fair sponsored function, Association shall require 5 all concessionaires and sublessees to provide appropriate insurance and indemnity agreements to 6 indemnify County and Association from any and all liability or loss due to negligent acts or willful 7 misconduct of the concessionaires or sublessees. Risk Management shall provide to Association an 8 annual schedule of all required insurance parameters with respect to type of coverage. County 9 Counsel will provide the required indemnity language. 10
R15:
Association will accurately make and keep all records substantially in agreement with 11 the accounting and procedures as illustrated in the FAIRS ADMINISTRATION MANUAL, issued 12 by the Department of Food and Agriculture, Division of Fairs and Expositions, of all its transactions 13 as an agent hereunder, and will, among other things, require and procure serially numbered receipts 14 for any and all money received and detailed itemized invoices or other supporting documents for any 15 and all money disbursed or expended by Association in connection with its executive management 16 and control of said fair and fairgrounds. Association hereby agrees that all books, records and 17 documents pertaining to said management and control shall be subject to examination by the State 18 Department of Food and Agriculture and that all such books, records and documents shall be 19 preserved by Association and remain public records. 20
R16:
Association shall retain and use all monies received by it from the conducting of said 21 fair, and from the use, possession and management of said fair, and from the use, possession and 22 management of fairgrounds, and shall pay therefrom all expenses incurred in connection with both. Association shall carry out all provisions of law relating to county fairs. In accordance with 24 Government Code section 25906, Association agrees that an annual budget shall be submitted by it 25 to and approved by the Department of Food and Agriculture after approval by the County Board of ATTACHMENT A 1
R17:
Association agrees to file with the clerk of the Board of Supervisors of County, and with 2 the Department of Food and Agriculture, a certified copy of the minutes of each meeting of the 3 Board of Directors of Association within twenty (20) business days after each meeting. 4
R18:
Association agrees to include and maintain within the text of its governing by-laws 5 provision for the establishment and reservation of County directorships, upon its governing board 6 of directors, which shall be five (5) in number. 7
R19:
County agrees that, in the matter of selecting its nominees for service on Association's 8 governing board, it will follow the criteria contained within Association's current by-laws wherein 9 the qualification of directors is set forth. 10
R20:
It is mutually agreed that County hereby delegates to Association the matter of hiring, 11 terms of employment, discharge and all other personnel matters and shall be employees of 12 Association. Such employees of Association shall not be members of the classified service of 13 County and shall not be listed in the County Authorized Personnel Allocation Resolution. However, 14 such employees shall be treated as County employees for the purpose of membership in CALPERS 15 retirement programs as allowed by law. County agrees to provide, and Association agrees to pay for, 16 the following employee benefits: 17 A. Workers' Compensation as required by statutes of the State of California, through 18 County's Workers' Compensation Program. B. The same health benefits as provided to County employees, through County's 20 program, pursuant to the currently in force Memorandum of Understanding with the recognized 21 employee organization representing the General, Professional and Supervisory Bargaining Units, 22 excluding any benefits under the county's retiree health defined contribution plan. C. Unemployment Insurance as required by statutes of the State of California. D. Payment of payroll taxes due for participation in the Medicare portion of Social 25 Security as required by federal law. ATTACHMENT A 1 F. County's Employee Assistance Program as provided to County employees 2 pursuant to the currently in force Memorandum of Understanding with the recognized employee 3 organization representing the General, Professional and Supervisory Bargaining Units. As part of its annual budget, the Board of Supervisors shall determine a direct service charge 5 for Association which will reimburse County for its costs of such workers' compensation risks of 6 loss as arise on account of Association's employees. By March 1 each year, County shall notify 7 Association in writing of the amount of this charge. County shall compute and determine the amount 8 of this charge using the same computational methods as it employs to develop and budget similar 9 internal charges for the other departments of County government. Association shall pay this charge 10 in October of each year, or in the month immediately following adoption of County's final budget. The Board of Supervisors shall from time to time establish the rates per pay period for the 12 cost of County sponsored health benefits. Association agrees to pay County at this established rate, 13 each pay period, for health benefits on the same basis as a County department. As part of its annual budget, the Board of Supervisors shall determine a direct service charge 15 for Association which will reimburse County for its costs to provide the life insurance, long term 16 disability insurance and employee assistance programs specified above. County shall compute and 17 determine the amount of this charge using the same computational methods as it employs to develop 18 and budget similar internal charges for the other departments of County government. Association 19 shall pay this charge to County quarterly each year. It is agreed that as to employees, the type and level of employee benefits, other than those 21 required by law, may be established by the Association board of directors. 22
R21:
As part of its annual budget, the Board of Supervisors shall determine a direct service 23 charge for Association which will reimburse County for its costs for PERS retirement by May 1 of 24 each year. County shall notify Association of the PERS cost for the following fiscal year. 25
R22:
That Association agrees that all routine contracts which it executes, including but not ATTACHMENT A 1 any funds allocated by an executive order of the State Department of Food and Agriculture pursuant 2 to section 19630 of the Business and Professions Code, which provides regulations for the 3 expenditure of state monies in support of capital improvement projects at fairs, the regular County 4 procedure with respect to purchases and contracts must be followed. 5
R24:
It is mutually agreed that the solicitation, selection, supervision and any other б employment related matters of the County Fair employees shall be the sole responsibility of 7 Association, following such rules, agreements and policies established by Association. Remuneration for employees shall be set by Association. 9
R25:
The criteria for the establishment of the number and categories of employees and degrees 10 of remuneration shall be in strict accord with the then current state approved Association budget, 11 wherein authorized personnel requirements are outlined. The criterion for job descriptions of all 12 Association employees shall be in accord with those outlined by the State Personnel Board, which 13 recognizes the special category of "Fairgrounds Employees" within the state's system. 14
R26:
This Agreement shall be without force or effect unless it is approved by the State 15 Department of Food and Agriculture. 16
R27:
Association agrees to provide County with a complete cash audit of its operations under 17 this Agreement if during the term of this Agreement, the State of California fails to perform such an 18 audit. 19
R28:
The El Dorado County Fair Association Board of Directors shall annually, on or before 20 March 1, and in conjunction with its budget review, submit to County in writing a general briefing 21 and program review including a five (5) year plan projection. 22
R29:
That County Counsel be designed as legal advisor on an "as needed" basis for the Board 23 of Directors, and only to the extent that County Counsel determines there is no conflict of interest 24 between County and Association. 25
R30:
If any provision of this Agreement, or part thereof, is for any reason held to be invalid, ATTACHMENT A 1 the Association for the same purposes, the term of which was January 1, 2005 through June 30, 2
Hallazgos & Recomendaciones
5 hallazgos
F1:
Underspending of MHSA funds is a State-wide issue, although a few counties have managed to fully utilize funds provided under this program.
Recomendaciones relacionadas (1)
R1:
The County should contact Counties who have been successful in spending MHSA funds in a timely manner to determine if there are best practices that might be used to better utilize MHSA funds.
F2:
The County’s MHSA Project Team has taken some actions to minimize the risk of reversion of MHSA funds.
Recomendaciones relacionadas (1)
R2:
The Chief Administrative Officer, the Director of Health and Human Services the County Auditor-Controller and the Director of Human Resources should review County budgeting and personnel philosophies, strategies, and procedures to ensure that these administrative functions fully support the timely expenditure of MHSA funds.
F3:
There are systemic and persistent issues in hiring and retaining County mental health employees that impact the timely expenditure of MHSA funds.
Recomendaciones relacionadas (1)
R3:
The Chief Administrative Officer, the Director of Health and Human Services, the County Auditor-Controller, and the Procurement and Contracts Division Purchasing Agent should review County contracting strategies and procedures to ensure that these administrative functions fully support the timely expenditure of MHSA funds.
F4:
The El Dorado County budgeting philosophy puts County MHSA funds at risk of reversion.
F5:
The County’s contracting procedures are complex and time-consuming. This allows less time for contractors to assist staff in developing and implementing programs, putting County MHSA funds at risk of reversion. 5/23/2019 Mental Health Services Act Fund Spending 7
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Hallazgos & Recomendaciones
7 hallazgos
F1:
Fire service sustainability is an issue confronting many rural counties in California.
F2:
AB 8 did not account for future fire district demographic changes. It also did not account for the additional financial burden of using salaried firefighters in lieu of volunteers in rural fire districts.
F3:
There are significant on-going discussions regarding County fire services sustainability encouraged by the County Board of Supervisors and LAFCO.
F4:
There is significant interest among elected County Fire Protection District Board members to address and identify solutions to fire services sustainability in the County.
F5:
Meaningful change to fire service sustainability in the County is challenging and will require continued and open dialogue among fire professionals, elected fire board members, the Board of Supervisors and other County officials.
F6:
El Dorado County is inattentive to the El Dorado County Fair Association’s management of the fair and fairgrounds.
F7:
El Dorado County Government has assumed liability for all fair activities and operations without any direct financial benefit.
Recomendaciones adicionales
8
No vinculadas a hallazgos específicos.
R1:
The Board of Supervisors, in conjunction with LAFCO and elected fire protection district board members, should continue to explore options and models for County-wide fire service sustainability.
R2:
The Board of Supervisors should solicit assistance from the State to develop a solution to this issue. 4/19/2019 Moving Forward in County Fire Services Sustainability 5 El Dorado County 2018-2019 Grand Jury
R3:
The Chief Administrative Officer, the Director of Health and Human Services, the County Auditor-Controller, and the Procurement and Contracts Division Purchasing Agent should review County contracting strategies and procedures to ensure that these administrative functions fully support the timely expenditure of MHSA funds.
R18-01:
MOVING FORWARD IN COUNTY FIRE SERVICES SUSTAINABILITY
R18-02:
MENTAL HEALTH SERVICES ACT FUND SPENDING
R18-03:
JAIL AND JUVENILE DETENTION CENTERS INSPECTIONS
R18-04:
ELECTION OBSERVATIONS
R18-05:
GRAND JURY CONTINUITY
Hallazgos & Recomendaciones
3 hallazgos
F1:
Some over-the-counter medicines at the South Lake Tahoe jail had expired.
Recomendaciones relacionadas (1)
R1:
All expired over-the-counter medicines at the South Lake Tahoe jail should be discarded.
F2:
The hood and the vent at the South Lake Tahoe jail kitchen had a noticeable buildup of grease on it.
Recomendaciones relacionadas (1)
R2:
Grease should be removed from the hood and the vent in the South Lake Tahoe jail kitchen.
F3:
Metal detectors are working and being used at both jail facilities.
Recomendaciones relacionadas (1)
R3:
Continue to use full-body metal detectors for all visitors. 5/15/2019 Jail and Juvenile Detention Centers Inspections 5
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Hallazgos y recomendaciones aún no extraídos.
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Hallazgos y recomendaciones aún no extraídos.
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Hallazgos & Recomendaciones
5 hallazgos
F1:
Fire service sustainability is an issue confronting many rural counties in California.
F2:
AB 8 did not account for future fire district demographic changes. It also did not account for the additional financial burden of using salaried firefighters in lieu of volunteers in rural fire districts.
Recomendaciones relacionadas (1)
R2:
The Board of Supervisors should solicit assistance from the State to develop a solution to this issue. 4/19/2019 Moving Forward in County Fire Services Sustainability 5
F3:
There are significant on-going discussions regarding County fire services sustainability encouraged by the County Board of Supervisors and LAFCO.
F4:
There is significant interest among elected County Fire Protection District Board members to address and identify solutions to fire services sustainability in the County.
F5:
Meaningful change to fire service sustainability in the County is challenging and will require continued and open dialogue among fire professionals, elected fire board members, the Board of Supervisors and other County officials.
Recomendaciones relacionadas (1)
R1:
The Board of Supervisors, in conjunction with LAFCO and elected fire protection district board members, should continue to explore options and models for County-wide fire service sustainability.
* 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.