Mariposa County Grand Jury
2021-2022
From the annual report
The consolidated year-end volume. The individual investigations it contains are listed separately below.
📑 Continuity Report
Compliance and Continuity Report: Past Examination, Present Action
From the consolidated annual report · 23 pages
Individual reports (12)
Findings & Recommendations
2 findings
F1:
When it comes to contracts for outside services, the County does not have a set of policies and procedures used by all County departments. This is in violation of County Purchasing Code Chapter 3.08, Section 3.08.040 (C).
F2:
In 2021, the CAO used his authority as purchasing agent to renew the Coulterville Visitors Center Operations contract.
Additional Recommendations
1
Not linked to specific findings.
R1:
The CAO should develop a set of policies and procedures for contracting outside services to be used by all County departments, consolidating them into a manual within 90 days.
Quick View
Full Details →
Findings & Recommendations
4 findings
F1:
Information about Mariposa County cemeteries, cemetery committees, and the interment process is difficult to find and is very limited.
F2:
There is no active Mariposa Town Cemetery Committee to effectively manage public requests for interment.
F3:
The County does not have a set of guidelines for County staff to use to respond to public inquiries regarding interment at its three cemeteries, leading to the public sometimes receiving erroneous information.
F4:
The upkeep of the three County cemeteries is insufficient.
Additional Recommendations
4
Not linked to specific findings.
R1:
The Board of Supervisors should direct staff to add links to, and information about, Mariposa County cemeteries, cemetery committees, and the interment process to the County website within the next three months.
R2:
The Board of Supervisors should re-establish a cemetery committee for the Mariposa Town Cemetery within the next six months.
R3:
The County should work with the cemetery committees to develop a set of guidelines for staff and committees to use to respond to public inquiries regarding interment at its three cemeteries within the next six months.
R4:
The BOS should direct the Parks and Recreation staff to work with current cemetery committee members to develop a plan for regular upkeep and maintenance needs and, until the Mariposa Town Cemetery Committee is back up and running, staff should assess the needs at the Mariposa Town Cemetery. The BOS should work with staff to determine an adequate budget for cemeteries to cover upkeep and maintenance for the 2024 budget.
Quick View
Full Details →
Findings & Recommendations
8 findings
F1:
A School Board Member made a motion and voted on it when the subject involved a relative.
F2:
School Superintendent and School Board Members must avoid the appearance of a conflict of interest in order to maintain public trust.
Related Recommendations (1)
R3:
Within the next six (6) months, a standard RMA template guidelines should be developed and adopted by the BOS with the following provisions: a. Define the roles and responsibilities for implementing the conditions of the agreement (e.g., establishment of a road maintenance association). (F2) b. Specifications for collection and allocation of funds for road maintenance. (F3) c. Lien authorities to ensure compliance. (F4) d. Road maintenance duration responsibilities per the updated RICP. (F5) e. An annual self-inspection and compliance report. (F6, F7)
F3:
There is no mechanism by which the BOS can make certain that a successful RMA applicant requires a committee to collect and manage funds for routine road maintenance and emergency repairs.
Related Recommendations (1)
R3:
Within the next six (6) months, a standard RMA template guidelines should be developed and adopted by the BOS with the following provisions: a. Define the roles and responsibilities for implementing the conditions of the agreement (e.g., establishment of a road maintenance association). (F2) b. Specifications for collection and allocation of funds for road maintenance. (F3) c. Lien authorities to ensure compliance. (F4) d. Road maintenance duration responsibilities per the updated RICP. (F5) e. An annual self-inspection and compliance report. (F6, F7)
F4:
There is no mechanism by which the BOS can make certain that the successful RMA applicant applies enforcement tools (e.g., liens) to ensure delinquent fees and assessments are collected. MCCGJ 2021-2022 Final Report
Related Recommendations (1)
R3:
Within the next six (6) months, a standard RMA template guidelines should be developed and adopted by the BOS with the following provisions: a. Define the roles and responsibilities for implementing the conditions of the agreement (e.g., establishment of a road maintenance association). (F2) b. Specifications for collection and allocation of funds for road maintenance. (F3) c. Lien authorities to ensure compliance. (F4) d. Road maintenance duration responsibilities per the updated RICP. (F5) e. An annual self-inspection and compliance report. (F6, F7)
F5:
The RICP identifies the duration of road maintenance to extend through the life of the project, a vague term with opportunities for multiple interpretations.
Related Recommendations (2)
R3:
Within the next six (6) months, a standard RMA template guidelines should be developed and adopted by the BOS with the following provisions: a. Define the roles and responsibilities for implementing the conditions of the agreement (e.g., establishment of a road maintenance association). (F2) b. Specifications for collection and allocation of funds for road maintenance. (F3) c. Lien authorities to ensure compliance. (F4) d. Road maintenance duration responsibilities per the updated RICP. (F5) e. An annual self-inspection and compliance report. (F6, F7)
R4:
Within the next six (6) months, the BOS should approve by resolution an update of the RICP including clearly identified standard duration periods and responsibilities with clearly defined terms. Approved changes should be made in an act by BOS resolution and should document clarity of decision and reasoning for the resolution. (F5, F7)
F6:
There is concern that public access to privately maintained roads can result in additional wear and tear as well as safety and liability concerns.
Related Recommendations (1)
R3:
Within the next six (6) months, a standard RMA template guidelines should be developed and adopted by the BOS with the following provisions: a. Define the roles and responsibilities for implementing the conditions of the agreement (e.g., establishment of a road maintenance association). (F2) b. Specifications for collection and allocation of funds for road maintenance. (F3) c. Lien authorities to ensure compliance. (F4) d. Road maintenance duration responsibilities per the updated RICP. (F5) e. An annual self-inspection and compliance report. (F6, F7)
F7:
Some Mariposa County regulations and policies regarding road design and maintenance standards (e.g., RICP and MCIS) are older than ten (10) years.
Related Recommendations (3)
R3:
Within the next six (6) months, a standard RMA template guidelines should be developed and adopted by the BOS with the following provisions: a. Define the roles and responsibilities for implementing the conditions of the agreement (e.g., establishment of a road maintenance association). (F2) b. Specifications for collection and allocation of funds for road maintenance. (F3) c. Lien authorities to ensure compliance. (F4) d. Road maintenance duration responsibilities per the updated RICP. (F5) e. An annual self-inspection and compliance report. (F6, F7)
R4:
Within the next six (6) months, the BOS should approve by resolution an update of the RICP including clearly identified standard duration periods and responsibilities with clearly defined terms. Approved changes should be made in an act by BOS resolution and should document clarity of decision and reasoning for the resolution. (F5, F7)
R5:
Within the next six (6) months, the BOS should approve by resolution an update of the MCIS. Approved changes should be made in an act by BOS resolution and should document clarity of decision and reasoning for the resolution. (F7)
F8:
Mariposa County has no review authority for amendments to an RMA.
Related Recommendations (1)
R6:
Within the next six (6) months an amendment procedure should be established that requires interdisciplinary review by the County when a project and associated RMA is amended. (F8)
Additional Recommendations
2
Not linked to specific findings.
R1:
School Board Members should recuse themselves from making motions or voting on matters that involve a conflict of interest or give the appearance of a conflict of interest.
R2:
The language in the bylaws should be written to more clearly define conflict of interest, and the process to determine if a conflict of interest exists.
Findings & Recommendations
6 findings
F1:
Mariposa County Elections Staff are dedicated to following California Election Code and, at times, go beyond State code. Staff shares best practices with State personnel and similarly-sized counties for considered implementation.
F2:
Election security is a top priority for all Elections staff and volunteers; Mariposa County elections are secure.
F3:
Elections staff and volunteers are dedicated and well-trained.
F4:
Elections staff and volunteers are responsive to the needs of all voters. Staff and volunteers are respectful, polite, and helpful.
F5:
There are adequate means of voting provided throughout the county, including mailing in ballots via US Postal Service postage-paid envelopes, placing ballots in secure ballot boxes, or voting at designated Vote Centers.
F6:
Mariposa County Elections run smoothly and efficiently. INTERIM REPORT September 16, 2021
Findings & Recommendations
6 findings
F1:
Mariposa County Elections Staff are dedicated to following California Election Code and, at times, go beyond State code. Staff shares best practices with State personnel and similarly-sized counties for considered implementation.
F2:
Election security is a top priority for all Elections staff and volunteers; Mariposa County elections are secure.
F3:
Elections staff and volunteers are dedicated and well-trained.
F4:
Elections staff and volunteers are responsive to the needs of all voters. Staff and volunteers are respectful, polite, and helpful.
F5:
There are adequate means of voting provided throughout the county, including mailing in ballots via US Postal Service postage-paid envelopes, placing ballots in secure ballot boxes, or voting at designated Vote Centers.
F6:
Mariposa County Elections run smoothly and efficiently. INTERIM REPORT September 16, 2021
Quick View
Full Details →
Findings & Recommendations
4 findings
F1:
The August 17, 2021, BOS Regular Meeting Agenda item “J. 3. Clerk of the Board of Supervisors-Discussion and Direction to Clarify the Airport Advisory Committee Purpose,” was put on the BOS agenda following policy and procedure.
F2:
In regards to this agenda item, the COB made a good faith attempt to inform the AAC chairperson prior to the BOS meeting.
F3:
Supervisors informed the AAC board of the BOS agenda item at an AAC meeting prior to the BOS meeting.
F4:
COB and county staff members were aware of the allegations of misconduct at AAC board meetings, but did not take timely action to investigate. MCCGJ 2021-2022 Final Report
Additional Recommendations
2
Not linked to specific findings.
R1:
The County should follow the “Mariposa County Policy Against Discrimination and Harassment in the Workplace” policy when made aware of the type of allegations noted in the memo from the COB to the BOS included as an attachment to the AAC agenda item in the August 17, 2021, BOS meeting packet.
R2:
County employees and agencies should be made aware that they must file formal written complaints with a County staff supervisor or manager per the “Mariposa County Policy Against Discrimination and Harassment in the Workplace” policy in order to have the issues addressed in a timely manner.
Findings & Recommendations
4 findings
F1:
The August 17, 2021, BOS Regular Meeting Agenda item “J. 3. Clerk of the Board of Supervisors-Discussion and Direction to Clarify the Airport Advisory Committee Purpose,” was put on the BOS agenda following policy and procedure.
F2:
In regards to this agenda item, the COB made a good faith attempt to inform the AAC chairperson prior to the BOS meeting.
F3:
Supervisors informed the AAC board of the BOS agenda item at an AAC meeting prior to the BOS meeting.
F4:
COB and county staff members were aware of the allegations of misconduct at AAC board meetings, but did not take timely action to investigate. MCCGJ 2021-2022 Final Report
Additional Recommendations
2
Not linked to specific findings.
R1:
The County should follow the “Mariposa County Policy Against Discrimination and Harassment in the Workplace” policy when made aware of the type of allegations noted in the memo from the COB to the BOS included as an attachment to the AAC agenda item in the August 17, 2021, BOS meeting packet.
R2:
County employees and agencies should be made aware that they must file formal written complaints with a County staff supervisor or manager per the “Mariposa County Policy Against Discrimination and Harassment in the Workplace” policy in order to have the issues addressed in a timely manner.
Quick View
Full Details →
Findings & Recommendations
4 findings
F1:
Information about Mariposa County cemeteries, cemetery committees, and the interment process is difficult to find and is very limited.
F2:
There is no active Mariposa Town Cemetery Committee to effectively manage public requests for interment.
F3:
The County does not have a set of guidelines for County staff to use to respond to public inquiries regarding interment at its three cemeteries, leading to the public sometimes receiving erroneous information.
F4:
The upkeep of the three County cemeteries is insufficient.
Additional Recommendations
4
Not linked to specific findings.
R1:
The Board of Supervisors should direct staff to add links to, and information about, Mariposa County cemeteries, cemetery committees, and the interment process to the County website within the next three months.
R2:
The Board of Supervisors should re-establish a cemetery committee for the Mariposa Town Cemetery within the next six months.
R3:
The County should work with the cemetery committees to develop a set of guidelines for staff and committees to use to respond to public inquiries regarding interment at its three cemeteries within the next six months.
R4:
The BOS should direct the Parks and Recreation staff to work with current cemetery committee members to develop a plan for regular upkeep and maintenance needs and, until the Mariposa Town Cemetery Committee is back up and running, staff should assess the needs at the Mariposa Town Cemetery. The BOS should work with staff to determine an adequate budget for cemeteries to cover upkeep and maintenance for the 2024 budget.
Quick View
Full Details →
Findings & Recommendations
2 findings
F1:
When it comes to contracts for outside services, the County does not have a set of policies and procedures used by all County departments. This is in violation of County Purchasing Code Chapter 3.08, Section 3.08.040 (C).
F2:
In 2021, the CAO used his authority as purchasing agent to renew the Coulterville Visitors Center Operations contract.
Additional Recommendations
1
Not linked to specific findings.
R1:
The CAO should develop a set of policies and procedures for contracting outside services to be used by all County departments, consolidating them into a manual within 90 days.
Findings & Recommendations
5 findings
F1:
The JCF board does not always comply with the Brown Act, California Health and Safety Code §3200-32499.4, and California Government Code §54956.87 regarding the wording of closed session agenda items and actions at board meetings.
F2:
The JCF Board does not have a lawyer present during closed session litigation or potential litigation discussions.
F3:
Regarding a November 2021 agenda item about the request for registered nurse union recognition, there was improper board discussion of this item during closed session.
F4:
The JCF bylaws state that the agenda and minutes are the responsibility of Administration and yet neither the CEO nor the COB have had Brown Act, Health and Safety Code §3200-32499.4, and GC §54956.87 training.
F5:
The JCF board members are not required to attend Brown Act training. While some have received this training, none retrain on a regular basis.
Additional Recommendations
5
Not linked to specific findings.
R1:
The JCF board must follow Brown Act, Health and Safety Code §3200-32499.4, and GC §54956.87 requirements. One way to ensure this would be to use the GC templates.
R2:
JCF’s legal counsel must be present for all closed session items regarding litigation. MCCGJ 2021-2022 Final Report
R3:
The JCF Board must ensure it is only discussing items in closed session that fall under the purview of closed session and are properly noticed.
R4:
The JCF Board should ensure staff drafting meeting agendas and minutes have the training they need to carry out that job function.
R5:
The JCF Board should schedule Brown Act training on a regular timeframe.
Quick View
Full Details →
Findings & Recommendations
2 findings
F1:
A School Board Member made a motion and voted on it when the subject involved a relative.
F2:
School Superintendent and School Board Members must avoid the appearance of a conflict of interest in order to maintain public trust.
Additional Recommendations
2
Not linked to specific findings.
R1:
School Board Members should recuse themselves from making motions or voting on matters that involve a conflict of interest or give the appearance of a conflict of interest.
R2:
The language in the bylaws should be written to more clearly define conflict of interest, and the process to determine if a conflict of interest exists.
Quick View
Full Details →
Findings & Recommendations
8 findings
F1:
A major subdivision ZOB was dissolved by a BOS resolution and the RMA(s) which replaced it did not include conditions for County oversight of effective road management.
Related Recommendations (2)
R1:
Within the next six (6) months, the BOS should ensure that changes or amendments to road maintenance agreements should be consistent and in conformance with standards set in the RICP and MCIS. (F1, F5, F7)
R2:
Effective immediately, approved BOS resolutions should document clarity of decision and reasoning for the resolution (e.g., rescinding or amending road maintenance agreements). (F1, F5, F7)
F2:
There is no mechanism by which the BOS can make certain that a successful RMA applicant establishes a committee to ensure the conditions of the agreement were met.
Related Recommendations (1)
R3:
Within the next six (6) months, a standard RMA template guidelines should be developed and adopted by the BOS with the following provisions: a. Define the roles and responsibilities for implementing the conditions of the agreement (e.g., establishment of a road maintenance association). (F2) b. Specifications for collection and allocation of funds for road maintenance. (F3) c. Lien authorities to ensure compliance. (F4) d. Road maintenance duration responsibilities per the updated RICP. (F5) e. An annual self-inspection and compliance report. (F6, F7)
F3:
There is no mechanism by which the BOS can make certain that a successful RMA applicant requires a committee to collect and manage funds for routine road maintenance and emergency repairs.
Related Recommendations (1)
R3:
Within the next six (6) months, a standard RMA template guidelines should be developed and adopted by the BOS with the following provisions: a. Define the roles and responsibilities for implementing the conditions of the agreement (e.g., establishment of a road maintenance association). (F2) b. Specifications for collection and allocation of funds for road maintenance. (F3) c. Lien authorities to ensure compliance. (F4) d. Road maintenance duration responsibilities per the updated RICP. (F5) e. An annual self-inspection and compliance report. (F6, F7)
F4:
There is no mechanism by which the BOS can make certain that the successful RMA applicant applies enforcement tools (e.g., liens) to ensure delinquent fees and assessments are collected. MCCGJ 2021-2022 Final Report
Related Recommendations (1)
R3:
Within the next six (6) months, a standard RMA template guidelines should be developed and adopted by the BOS with the following provisions: a. Define the roles and responsibilities for implementing the conditions of the agreement (e.g., establishment of a road maintenance association). (F2) b. Specifications for collection and allocation of funds for road maintenance. (F3) c. Lien authorities to ensure compliance. (F4) d. Road maintenance duration responsibilities per the updated RICP. (F5) e. An annual self-inspection and compliance report. (F6, F7)
F5:
The RICP identifies the duration of road maintenance to extend through the life of the project, a vague term with opportunities for multiple interpretations.
Related Recommendations (4)
R1:
Within the next six (6) months, the BOS should ensure that changes or amendments to road maintenance agreements should be consistent and in conformance with standards set in the RICP and MCIS. (F1, F5, F7)
R2:
Effective immediately, approved BOS resolutions should document clarity of decision and reasoning for the resolution (e.g., rescinding or amending road maintenance agreements). (F1, F5, F7)
R3:
Within the next six (6) months, a standard RMA template guidelines should be developed and adopted by the BOS with the following provisions: a. Define the roles and responsibilities for implementing the conditions of the agreement (e.g., establishment of a road maintenance association). (F2) b. Specifications for collection and allocation of funds for road maintenance. (F3) c. Lien authorities to ensure compliance. (F4) d. Road maintenance duration responsibilities per the updated RICP. (F5) e. An annual self-inspection and compliance report. (F6, F7)
R4:
Within the next six (6) months, the BOS should approve by resolution an update of the RICP including clearly identified standard duration periods and responsibilities with clearly defined terms. Approved changes should be made in an act by BOS resolution and should document clarity of decision and reasoning for the resolution. (F5, F7)
F6:
There is concern that public access to privately maintained roads can result in additional wear and tear as well as safety and liability concerns.
Related Recommendations (1)
R3:
Within the next six (6) months, a standard RMA template guidelines should be developed and adopted by the BOS with the following provisions: a. Define the roles and responsibilities for implementing the conditions of the agreement (e.g., establishment of a road maintenance association). (F2) b. Specifications for collection and allocation of funds for road maintenance. (F3) c. Lien authorities to ensure compliance. (F4) d. Road maintenance duration responsibilities per the updated RICP. (F5) e. An annual self-inspection and compliance report. (F6, F7)
F7:
Some Mariposa County regulations and policies regarding road design and maintenance standards (e.g., RICP and MCIS) are older than ten (10) years.
Related Recommendations (5)
R1:
Within the next six (6) months, the BOS should ensure that changes or amendments to road maintenance agreements should be consistent and in conformance with standards set in the RICP and MCIS. (F1, F5, F7)
R2:
Effective immediately, approved BOS resolutions should document clarity of decision and reasoning for the resolution (e.g., rescinding or amending road maintenance agreements). (F1, F5, F7)
R3:
Within the next six (6) months, a standard RMA template guidelines should be developed and adopted by the BOS with the following provisions: a. Define the roles and responsibilities for implementing the conditions of the agreement (e.g., establishment of a road maintenance association). (F2) b. Specifications for collection and allocation of funds for road maintenance. (F3) c. Lien authorities to ensure compliance. (F4) d. Road maintenance duration responsibilities per the updated RICP. (F5) e. An annual self-inspection and compliance report. (F6, F7)
R4:
Within the next six (6) months, the BOS should approve by resolution an update of the RICP including clearly identified standard duration periods and responsibilities with clearly defined terms. Approved changes should be made in an act by BOS resolution and should document clarity of decision and reasoning for the resolution. (F5, F7)
R5:
Within the next six (6) months, the BOS should approve by resolution an update of the MCIS. Approved changes should be made in an act by BOS resolution and should document clarity of decision and reasoning for the resolution. (F7)
F8:
Mariposa County has no review authority for amendments to an RMA.
Related Recommendations (1)
R6:
Within the next six (6) months an amendment procedure should be established that requires interdisciplinary review by the County when a project and associated RMA is amended. (F8)