Mendocino County Grand Jury

2016-2017

6 reports

Findings & Recommendations 15 findings
F1: The loss of significant numbers of experienced staff since 2011 and the inability of the County to attract trained social workers with CPS experience has resulted in the hiring of inexperienced workers with a higher than normal turnover rate and a need for on-the-job training.
Related Recommendations (6)
R1: The County require a commitment of continued employment for a fixed period of time for those participating in the County subsidized Master’s Degree program. (F1, F5, F9, F11, F13)
R2: The County request another State Waiver for FCS to operate with less than the mandatory number of staff with MSW degrees. (F1, F3, F5, F11)
R3: The County continue to develop and utilize community-based non-profits to locate and assist families before exigent situations develop. (F1-F3, F7, F12, F14)
R4: The Board of Supervisors direct the County to offer competitive salaries to hire and retain quality Department staff. (F1-F3, F5, F11, F13, F15)
R5: The Board of Supervisors provide a side letter agreement to the SEIU contract authorizing additional pay for Emergency Response work. (F1-F3, F11, F13-F15)
R7: The Department ensure that staff utilize the Structured Decision Making risk assessment instrument forms prior to decision making, allowing for prompt data input into the State information bank. (F6, F14) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individuals: • Mendocino County Chief Executive Officer (F1-F4, F7, F9-F12, F14, F15) and (R1-R5) • Mendocino County Health and Human Services Agency Director (All Findings) and (All Recommendations) • Mendocino County Human Resources/Civil Service Director (F1, F3, F5, F9-F11, F13, F15) and (R1, R4, R5) Pursuant to Penal Code §933.05, responses are required from the following body: • Mendocino County Board of Supervisors (F1-F4, F9-F15) and (R1-R5) Pursuant to Penal Code §933.05, responses are requested from the following individuals: • Mendocino County Health and Human Services Agency Operations Officer (All Findings) and (All Recommendations) • Mendocino County Health and Human Services Agency Deputy Director (All Findings) and (All Recommendations)
F2: Mendocino County has a higher rate than the State average for removal of children from their families due to of lack of early intervention in troubled families, the drug culture, high unemployment, lack of housing, and the lack of teenage drug treatment programs.
Related Recommendations (5)
R3: The County continue to develop and utilize community-based non-profits to locate and assist families before exigent situations develop. (F1-F3, F7, F12, F14)
R4: The Board of Supervisors direct the County to offer competitive salaries to hire and retain quality Department staff. (F1-F3, F5, F11, F13, F15)
R5: The Board of Supervisors provide a side letter agreement to the SEIU contract authorizing additional pay for Emergency Response work. (F1-F3, F11, F13-F15)
R6: The prevention and investigation of childhood abuses receive the most resources and attention of the Department management. (F2, F3, F14)
R7: The Department ensure that staff utilize the Structured Decision Making risk assessment instrument forms prior to decision making, allowing for prompt data input into the State information bank. (F6, F14) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individuals: • Mendocino County Chief Executive Officer (F1-F4, F7, F9-F12, F14, F15) and (R1-R5) • Mendocino County Health and Human Services Agency Director (All Findings) and (All Recommendations) • Mendocino County Human Resources/Civil Service Director (F1, F3, F5, F9-F11, F13, F15) and (R1, R4, R5) Pursuant to Penal Code §933.05, responses are required from the following body: • Mendocino County Board of Supervisors (F1-F4, F9-F15) and (R1-R5) Pursuant to Penal Code §933.05, responses are requested from the following individuals: • Mendocino County Health and Human Services Agency Operations Officer (All Findings) and (All Recommendations) • Mendocino County Health and Human Services Agency Deputy Director (All Findings) and (All Recommendations)
F3: Without more investigators and a five-day workweek, it will be impossible to meet the County’s mandated response time for non-emergency ten-day investigation requests. This results in unnecessary risks for children.
Related Recommendations (6)
R2: The County request another State Waiver for FCS to operate with less than the mandatory number of staff with MSW degrees. (F1, F3, F5, F11)
R3: The County continue to develop and utilize community-based non-profits to locate and assist families before exigent situations develop. (F1-F3, F7, F12, F14)
R4: The Board of Supervisors direct the County to offer competitive salaries to hire and retain quality Department staff. (F1-F3, F5, F11, F13, F15)
R5: The Board of Supervisors provide a side letter agreement to the SEIU contract authorizing additional pay for Emergency Response work. (F1-F3, F11, F13-F15)
R6: The prevention and investigation of childhood abuses receive the most resources and attention of the Department management. (F2, F3, F14)
R7: The Department ensure that staff utilize the Structured Decision Making risk assessment instrument forms prior to decision making, allowing for prompt data input into the State information bank. (F6, F14) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individuals: • Mendocino County Chief Executive Officer (F1-F4, F7, F9-F12, F14, F15) and (R1-R5) • Mendocino County Health and Human Services Agency Director (All Findings) and (All Recommendations) • Mendocino County Human Resources/Civil Service Director (F1, F3, F5, F9-F11, F13, F15) and (R1, R4, R5) Pursuant to Penal Code §933.05, responses are required from the following body: • Mendocino County Board of Supervisors (F1-F4, F9-F15) and (R1-R5) Pursuant to Penal Code §933.05, responses are requested from the following individuals: • Mendocino County Health and Human Services Agency Operations Officer (All Findings) and (All Recommendations) • Mendocino County Health and Human Services Agency Deputy Director (All Findings) and (All Recommendations)
F4: The new State eligibility requirements and training requirements for foster homes may reduce the rate of abuse and changes in foster care placements, but make it even harder for Mendocino County agencies to recruit foster families.
Related Recommendations (1)
R7: The Department ensure that staff utilize the Structured Decision Making risk assessment instrument forms prior to decision making, allowing for prompt data input into the State information bank. (F6, F14) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individuals: • Mendocino County Chief Executive Officer (F1-F4, F7, F9-F12, F14, F15) and (R1-R5) • Mendocino County Health and Human Services Agency Director (All Findings) and (All Recommendations) • Mendocino County Human Resources/Civil Service Director (F1, F3, F5, F9-F11, F13, F15) and (R1, R4, R5) Pursuant to Penal Code §933.05, responses are required from the following body: • Mendocino County Board of Supervisors (F1-F4, F9-F15) and (R1-R5) Pursuant to Penal Code §933.05, responses are requested from the following individuals: • Mendocino County Health and Human Services Agency Operations Officer (All Findings) and (All Recommendations) • Mendocino County Health and Human Services Agency Deputy Director (All Findings) and (All Recommendations)
F5: Experienced workers are carrying a much higher caseload than inexperienced workers creating resentment and job dissatisfaction. This has contributed to staff leaving the Department.
Related Recommendations (4)
R1: The County require a commitment of continued employment for a fixed period of time for those participating in the County subsidized Master’s Degree program. (F1, F5, F9, F11, F13)
R2: The County request another State Waiver for FCS to operate with less than the mandatory number of staff with MSW degrees. (F1, F3, F5, F11)
R4: The Board of Supervisors direct the County to offer competitive salaries to hire and retain quality Department staff. (F1-F3, F5, F11, F13, F15)
R7: The Department ensure that staff utilize the Structured Decision Making risk assessment instrument forms prior to decision making, allowing for prompt data input into the State information bank. (F6, F14) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individuals: • Mendocino County Chief Executive Officer (F1-F4, F7, F9-F12, F14, F15) and (R1-R5) • Mendocino County Health and Human Services Agency Director (All Findings) and (All Recommendations) • Mendocino County Human Resources/Civil Service Director (F1, F3, F5, F9-F11, F13, F15) and (R1, R4, R5) Pursuant to Penal Code §933.05, responses are required from the following body: • Mendocino County Board of Supervisors (F1-F4, F9-F15) and (R1-R5) Pursuant to Penal Code §933.05, responses are requested from the following individuals: • Mendocino County Health and Human Services Agency Operations Officer (All Findings) and (All Recommendations) • Mendocino County Health and Human Services Agency Deputy Director (All Findings) and (All Recommendations)
F6: State forms for evaluating safety and risk factors may be filed considerably after determinations are made, if at all, creating unnecessary risk for children.
Related Recommendations (1)
R7: The Department ensure that staff utilize the Structured Decision Making risk assessment instrument forms prior to decision making, allowing for prompt data input into the State information bank. (F6, F14) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individuals: • Mendocino County Chief Executive Officer (F1-F4, F7, F9-F12, F14, F15) and (R1-R5) • Mendocino County Health and Human Services Agency Director (All Findings) and (All Recommendations) • Mendocino County Human Resources/Civil Service Director (F1, F3, F5, F9-F11, F13, F15) and (R1, R4, R5) Pursuant to Penal Code §933.05, responses are required from the following body: • Mendocino County Board of Supervisors (F1-F4, F9-F15) and (R1-R5) Pursuant to Penal Code §933.05, responses are requested from the following individuals: • Mendocino County Health and Human Services Agency Operations Officer (All Findings) and (All Recommendations) • Mendocino County Health and Human Services Agency Deputy Director (All Findings) and (All Recommendations)
F7: The contract with RCS for ESS workers stationed at the RCS facility in Willits, serving the entire County, is proving extremely valuable in removing children to safety while investigators make a determination on the removal of a child.
Related Recommendations (2)
R3: The County continue to develop and utilize community-based non-profits to locate and assist families before exigent situations develop. (F1-F3, F7, F12, F14)
R7: The Department ensure that staff utilize the Structured Decision Making risk assessment instrument forms prior to decision making, allowing for prompt data input into the State information bank. (F6, F14) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individuals: • Mendocino County Chief Executive Officer (F1-F4, F7, F9-F12, F14, F15) and (R1-R5) • Mendocino County Health and Human Services Agency Director (All Findings) and (All Recommendations) • Mendocino County Human Resources/Civil Service Director (F1, F3, F5, F9-F11, F13, F15) and (R1, R4, R5) Pursuant to Penal Code §933.05, responses are required from the following body: • Mendocino County Board of Supervisors (F1-F4, F9-F15) and (R1-R5) Pursuant to Penal Code §933.05, responses are requested from the following individuals: • Mendocino County Health and Human Services Agency Operations Officer (All Findings) and (All Recommendations) • Mendocino County Health and Human Services Agency Deputy Director (All Findings) and (All Recommendations)
F8: The Grand Jury supports the Deputy Director of FCS’ efforts to implement a more supportive and trusting management style, and the Department’s recognition of individual accomplishments.
F9: The change from the Merit System to Civil Service Employment practices allows promotion of experienced people without an MSW degree to supervisorial positions and this may attract new staff from neighboring counties.
Related Recommendations (2)
R1: The County require a commitment of continued employment for a fixed period of time for those participating in the County subsidized Master’s Degree program. (F1, F5, F9, F11, F13)
R7: The Department ensure that staff utilize the Structured Decision Making risk assessment instrument forms prior to decision making, allowing for prompt data input into the State information bank. (F6, F14) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individuals: • Mendocino County Chief Executive Officer (F1-F4, F7, F9-F12, F14, F15) and (R1-R5) • Mendocino County Health and Human Services Agency Director (All Findings) and (All Recommendations) • Mendocino County Human Resources/Civil Service Director (F1, F3, F5, F9-F11, F13, F15) and (R1, R4, R5) Pursuant to Penal Code §933.05, responses are required from the following body: • Mendocino County Board of Supervisors (F1-F4, F9-F15) and (R1-R5) Pursuant to Penal Code §933.05, responses are requested from the following individuals: • Mendocino County Health and Human Services Agency Operations Officer (All Findings) and (All Recommendations) • Mendocino County Health and Human Services Agency Deputy Director (All Findings) and (All Recommendations)
F10: The use of the term Social Worker as a job title in the Department is too broad. It does not properly define the education or responsibility of the various workers’ assignments.
Related Recommendations (1)
R7: The Department ensure that staff utilize the Structured Decision Making risk assessment instrument forms prior to decision making, allowing for prompt data input into the State information bank. (F6, F14) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individuals: • Mendocino County Chief Executive Officer (F1-F4, F7, F9-F12, F14, F15) and (R1-R5) • Mendocino County Health and Human Services Agency Director (All Findings) and (All Recommendations) • Mendocino County Human Resources/Civil Service Director (F1, F3, F5, F9-F11, F13, F15) and (R1, R4, R5) Pursuant to Penal Code §933.05, responses are required from the following body: • Mendocino County Board of Supervisors (F1-F4, F9-F15) and (R1-R5) Pursuant to Penal Code §933.05, responses are requested from the following individuals: • Mendocino County Health and Human Services Agency Operations Officer (All Findings) and (All Recommendations) • Mendocino County Health and Human Services Agency Deputy Director (All Findings) and (All Recommendations)
F11: The California State Waiver for staffing levels through 2018 will need to be renewed. Mendocino County is unable to maintain sufficient State mandated MSW staff levels.
Related Recommendations (5)
R1: The County require a commitment of continued employment for a fixed period of time for those participating in the County subsidized Master’s Degree program. (F1, F5, F9, F11, F13)
R2: The County request another State Waiver for FCS to operate with less than the mandatory number of staff with MSW degrees. (F1, F3, F5, F11)
R4: The Board of Supervisors direct the County to offer competitive salaries to hire and retain quality Department staff. (F1-F3, F5, F11, F13, F15)
R5: The Board of Supervisors provide a side letter agreement to the SEIU contract authorizing additional pay for Emergency Response work. (F1-F3, F11, F13-F15)
R7: The Department ensure that staff utilize the Structured Decision Making risk assessment instrument forms prior to decision making, allowing for prompt data input into the State information bank. (F6, F14) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individuals: • Mendocino County Chief Executive Officer (F1-F4, F7, F9-F12, F14, F15) and (R1-R5) • Mendocino County Health and Human Services Agency Director (All Findings) and (All Recommendations) • Mendocino County Human Resources/Civil Service Director (F1, F3, F5, F9-F11, F13, F15) and (R1, R4, R5) Pursuant to Penal Code §933.05, responses are required from the following body: • Mendocino County Board of Supervisors (F1-F4, F9-F15) and (R1-R5) Pursuant to Penal Code §933.05, responses are requested from the following individuals: • Mendocino County Health and Human Services Agency Operations Officer (All Findings) and (All Recommendations) • Mendocino County Health and Human Services Agency Deputy Director (All Findings) and (All Recommendations)
F12: The Differential Response RFP is part of developing community based programs that will lessen the stress on the available staff of FCS by assisting families before problems become exigent and require removal of children.
Related Recommendations (2)
R3: The County continue to develop and utilize community-based non-profits to locate and assist families before exigent situations develop. (F1-F3, F7, F12, F14)
R7: The Department ensure that staff utilize the Structured Decision Making risk assessment instrument forms prior to decision making, allowing for prompt data input into the State information bank. (F6, F14) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individuals: • Mendocino County Chief Executive Officer (F1-F4, F7, F9-F12, F14, F15) and (R1-R5) • Mendocino County Health and Human Services Agency Director (All Findings) and (All Recommendations) • Mendocino County Human Resources/Civil Service Director (F1, F3, F5, F9-F11, F13, F15) and (R1, R4, R5) Pursuant to Penal Code §933.05, responses are required from the following body: • Mendocino County Board of Supervisors (F1-F4, F9-F15) and (R1-R5) Pursuant to Penal Code §933.05, responses are requested from the following individuals: • Mendocino County Health and Human Services Agency Operations Officer (All Findings) and (All Recommendations) • Mendocino County Health and Human Services Agency Deputy Director (All Findings) and (All Recommendations)
F13: The disparity between Mendocino County’s salary scale and adjacent counties’ pay scales has made recruitment of workers with a MSW degree or years of CPS experience nearly impossible.
Related Recommendations (4)
R1: The County require a commitment of continued employment for a fixed period of time for those participating in the County subsidized Master’s Degree program. (F1, F5, F9, F11, F13)
R4: The Board of Supervisors direct the County to offer competitive salaries to hire and retain quality Department staff. (F1-F3, F5, F11, F13, F15)
R5: The Board of Supervisors provide a side letter agreement to the SEIU contract authorizing additional pay for Emergency Response work. (F1-F3, F11, F13-F15)
R7: The Department ensure that staff utilize the Structured Decision Making risk assessment instrument forms prior to decision making, allowing for prompt data input into the State information bank. (F6, F14) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individuals: • Mendocino County Chief Executive Officer (F1-F4, F7, F9-F12, F14, F15) and (R1-R5) • Mendocino County Health and Human Services Agency Director (All Findings) and (All Recommendations) • Mendocino County Human Resources/Civil Service Director (F1, F3, F5, F9-F11, F13, F15) and (R1, R4, R5) Pursuant to Penal Code §933.05, responses are required from the following body: • Mendocino County Board of Supervisors (F1-F4, F9-F15) and (R1-R5) Pursuant to Penal Code §933.05, responses are requested from the following individuals: • Mendocino County Health and Human Services Agency Operations Officer (All Findings) and (All Recommendations) • Mendocino County Health and Human Services Agency Deputy Director (All Findings) and (All Recommendations)
F14: The Grand Jury notes management is seeking outside help to analyze and correct the Departmental issues. However, the problems noted in the 2014-15 Report still need corrective action.
Related Recommendations (4)
R3: The County continue to develop and utilize community-based non-profits to locate and assist families before exigent situations develop. (F1-F3, F7, F12, F14)
R5: The Board of Supervisors provide a side letter agreement to the SEIU contract authorizing additional pay for Emergency Response work. (F1-F3, F11, F13-F15)
R6: The prevention and investigation of childhood abuses receive the most resources and attention of the Department management. (F2, F3, F14)
R7: The Department ensure that staff utilize the Structured Decision Making risk assessment instrument forms prior to decision making, allowing for prompt data input into the State information bank. (F6, F14) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individuals: • Mendocino County Chief Executive Officer (F1-F4, F7, F9-F12, F14, F15) and (R1-R5) • Mendocino County Health and Human Services Agency Director (All Findings) and (All Recommendations) • Mendocino County Human Resources/Civil Service Director (F1, F3, F5, F9-F11, F13, F15) and (R1, R4, R5) Pursuant to Penal Code §933.05, responses are required from the following body: • Mendocino County Board of Supervisors (F1-F4, F9-F15) and (R1-R5) Pursuant to Penal Code §933.05, responses are requested from the following individuals: • Mendocino County Health and Human Services Agency Operations Officer (All Findings) and (All Recommendations) • Mendocino County Health and Human Services Agency Deputy Director (All Findings) and (All Recommendations)
F15: The Board of Supervisors agreed to many of the recommendations in the UC Davis report. The BOS increased salaries and awarded a 5% differential payment to Coastal and Covelo staff. The BOS also took action to reward long-term County service with longevity pay. The Grand Jury commends these changes and hopes the BOS will continue to support those committed to County service.
Related Recommendations (3)
R4: The Board of Supervisors direct the County to offer competitive salaries to hire and retain quality Department staff. (F1-F3, F5, F11, F13, F15)
R5: The Board of Supervisors provide a side letter agreement to the SEIU contract authorizing additional pay for Emergency Response work. (F1-F3, F11, F13-F15)
R7: The Department ensure that staff utilize the Structured Decision Making risk assessment instrument forms prior to decision making, allowing for prompt data input into the State information bank. (F6, F14) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individuals: • Mendocino County Chief Executive Officer (F1-F4, F7, F9-F12, F14, F15) and (R1-R5) • Mendocino County Health and Human Services Agency Director (All Findings) and (All Recommendations) • Mendocino County Human Resources/Civil Service Director (F1, F3, F5, F9-F11, F13, F15) and (R1, R4, R5) Pursuant to Penal Code §933.05, responses are required from the following body: • Mendocino County Board of Supervisors (F1-F4, F9-F15) and (R1-R5) Pursuant to Penal Code §933.05, responses are requested from the following individuals: • Mendocino County Health and Human Services Agency Operations Officer (All Findings) and (All Recommendations) • Mendocino County Health and Human Services Agency Deputy Director (All Findings) and (All Recommendations)

Findings and recommendations not yet extracted.

Findings & Recommendations 13 findings
F1: There is evidence of continuing misfeasance regarding the financing of MCRPD, by Board action which neglects their fiduciary duties of transparency and fiscal responsibility to the taxpayers of MCRPD.
Related Recommendations (3)
R1: The MCRPD Board of Directors and administration immediately make all financial transactions transparent to the public. (F1, F3, F4, F5, F7, F8, F9, F10, F11, F12, F13)
R2: MCRPD develop a long-term strategic plan to eliminate all unfunded liabilities. (F1-F3, F5-F13)
R8: MCRPD finalize the ongoing bankruptcy and divest itself of the Hwy 20 property. (F8-F11) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individuals: • Mendocino County District Attorney (F1, F11, F12) and (R1) • Mendocino County Auditor (F3-F5) and (R4-R6) • MCRPD District Administrator (F1-F3, F5-F13) and (R1-R3, R6-R8) • City of Fort Bragg City Manager (F1, F3, F5-F12) and (R1, R2, R6-R8) Pursuant to Penal Code §933.05, responses are required from the following governing bodies: • Mendocino County Board of Supervisors (All Findings and All Recommendations) • MCRPD Board of Directors (All Findings and All Recommendations) Pursuant to Penal Code §933.05, responses are requested from the following individuals: • State Auditor/Controller (All Findings and All Recommendations)
F2: The MCRPD’s Board of Directors is not representational of the four tax districts.
Related Recommendations (4)
R2: MCRPD develop a long-term strategic plan to eliminate all unfunded liabilities. (F1-F3, F5-F13)
R3: By a change in bylaws, each tax district has an elected representative on the MCRPD Board of Directors with the fifth member elected at large. (F2)
R7: The property tax funds be fairly allocated to the communities based on the current tax dollars raised in each tax district. After the 5% allocation from Fort Bragg to MCRPD, remaining funds shall be fairly allocated in proportional amounts to the outlying districts. (F2, F6)
R8: MCRPD finalize the ongoing bankruptcy and divest itself of the Hwy 20 property. (F8-F11) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individuals: • Mendocino County District Attorney (F1, F11, F12) and (R1) • Mendocino County Auditor (F3-F5) and (R4-R6) • MCRPD District Administrator (F1-F3, F5-F13) and (R1-R3, R6-R8) • City of Fort Bragg City Manager (F1, F3, F5-F12) and (R1, R2, R6-R8) Pursuant to Penal Code §933.05, responses are required from the following governing bodies: • Mendocino County Board of Supervisors (All Findings and All Recommendations) • MCRPD Board of Directors (All Findings and All Recommendations) Pursuant to Penal Code §933.05, responses are requested from the following individuals: • State Auditor/Controller (All Findings and All Recommendations)
F3: MCRPD has received County Treasury advances on Teeter funds (property tax funds) for at least the past four years by the Board of Supervisors Consent Calendar actions. The Grand Jury could 13 “Public seeks bankruptcy for MCRPD,” Fort Bragg Advocate News, August 25, 2011 14 Strategic planning is an organizational management activity that is used to set priorities, focus energy and resources, strengthen operations, ensure that employees and other stakeholders are working toward common goals, establish agreement around intended outcomes/results, and assess and adjust the organization's direction in response to a changing environment. It is a disciplined effort that produces fundamental decisions and actions that shape and guide what an organization is, who it serves, what it does, and why it does it, with a focus on the future. Effective strategic planning articulates not only where an organization is going and the actions needed to make progress, but also how it will know if it is successful. not determine if the Teeter fund advances were comingled within the MCRPD budget. MCRPD requires and spends 2018 tax revenue in the 2017 budget year. This annual MCRPD need for advanced Teeter funds indicates a serious deficit in budget planning, and indicates serious concern for MCRPD’s long term financial viability.
Related Recommendations (5)
R1: The MCRPD Board of Directors and administration immediately make all financial transactions transparent to the public. (F1, F3, F4, F5, F7, F8, F9, F10, F11, F12, F13)
R2: MCRPD develop a long-term strategic plan to eliminate all unfunded liabilities. (F1-F3, F5-F13)
R4: The Board of Supervisors develop and implement a policy that addresses the advances of Teeter funding to special districts in financial distress including bankruptcy. (F3, F4)
R5: The County Auditor perform an audit of MCRPD before recommending an issuance of an advance of Teeter funds. (F3, F4)
R8: MCRPD finalize the ongoing bankruptcy and divest itself of the Hwy 20 property. (F8-F11) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individuals: • Mendocino County District Attorney (F1, F11, F12) and (R1) • Mendocino County Auditor (F3-F5) and (R4-R6) • MCRPD District Administrator (F1-F3, F5-F13) and (R1-R3, R6-R8) • City of Fort Bragg City Manager (F1, F3, F5-F12) and (R1, R2, R6-R8) Pursuant to Penal Code §933.05, responses are required from the following governing bodies: • Mendocino County Board of Supervisors (All Findings and All Recommendations) • MCRPD Board of Directors (All Findings and All Recommendations) Pursuant to Penal Code §933.05, responses are requested from the following individuals: • State Auditor/Controller (All Findings and All Recommendations)
F4: The County does not require or perform any type of audit on a special district requesting Teeter fund advances. Because MCRPD is operating in structural deficit, the Board of Supervisors and County Auditor may be abdicating a fiduciary duty to the taxpayer by not questioning
Related Recommendations (4)
R1: The MCRPD Board of Directors and administration immediately make all financial transactions transparent to the public. (F1, F3, F4, F5, F7, F8, F9, F10, F11, F12, F13)
R4: The Board of Supervisors develop and implement a policy that addresses the advances of Teeter funding to special districts in financial distress including bankruptcy. (F3, F4)
R5: The County Auditor perform an audit of MCRPD before recommending an issuance of an advance of Teeter funds. (F3, F4)
R8: MCRPD finalize the ongoing bankruptcy and divest itself of the Hwy 20 property. (F8-F11) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individuals: • Mendocino County District Attorney (F1, F11, F12) and (R1) • Mendocino County Auditor (F3-F5) and (R4-R6) • MCRPD District Administrator (F1-F3, F5-F13) and (R1-R3, R6-R8) • City of Fort Bragg City Manager (F1, F3, F5-F12) and (R1, R2, R6-R8) Pursuant to Penal Code §933.05, responses are required from the following governing bodies: • Mendocino County Board of Supervisors (All Findings and All Recommendations) • MCRPD Board of Directors (All Findings and All Recommendations) Pursuant to Penal Code §933.05, responses are requested from the following individuals: • State Auditor/Controller (All Findings and All Recommendations)
F5: The MCRPD’s annual audits have not been completed in a timely manner which prevents full public financial disclosure. The MCRPD’s most recent audit, due June 30, 2016, was completed on February 8, 2017. MCRPD is currently delinquent on a capital lease and a note in the amount of $200,000 plus interest.
Related Recommendations (4)
R1: The MCRPD Board of Directors and administration immediately make all financial transactions transparent to the public. (F1, F3, F4, F5, F7, F8, F9, F10, F11, F12, F13)
R2: MCRPD develop a long-term strategic plan to eliminate all unfunded liabilities. (F1-F3, F5-F13)
R6: The annual audits be completed on time according to MCRPD’s policy. (F5)
R8: MCRPD finalize the ongoing bankruptcy and divest itself of the Hwy 20 property. (F8-F11) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individuals: • Mendocino County District Attorney (F1, F11, F12) and (R1) • Mendocino County Auditor (F3-F5) and (R4-R6) • MCRPD District Administrator (F1-F3, F5-F13) and (R1-R3, R6-R8) • City of Fort Bragg City Manager (F1, F3, F5-F12) and (R1, R2, R6-R8) Pursuant to Penal Code §933.05, responses are required from the following governing bodies: • Mendocino County Board of Supervisors (All Findings and All Recommendations) • MCRPD Board of Directors (All Findings and All Recommendations) Pursuant to Penal Code §933.05, responses are requested from the following individuals: • State Auditor/Controller (All Findings and All Recommendations)
F6: MCRPD minimally supports activities in communities outside of Fort Bragg, even though significant amounts of property tax funds are collected from those communities. For example, Mendocino District contributes 35% of the Teeter funds, yet only receives 5% of the property tax funds collected in that District for its recreation and other MCRPD benefits.
Related Recommendations (3)
R2: MCRPD develop a long-term strategic plan to eliminate all unfunded liabilities. (F1-F3, F5-F13)
R7: The property tax funds be fairly allocated to the communities based on the current tax dollars raised in each tax district. After the 5% allocation from Fort Bragg to MCRPD, remaining funds shall be fairly allocated in proportional amounts to the outlying districts. (F2, F6)
R8: MCRPD finalize the ongoing bankruptcy and divest itself of the Hwy 20 property. (F8-F11) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individuals: • Mendocino County District Attorney (F1, F11, F12) and (R1) • Mendocino County Auditor (F3-F5) and (R4-R6) • MCRPD District Administrator (F1-F3, F5-F13) and (R1-R3, R6-R8) • City of Fort Bragg City Manager (F1, F3, F5-F12) and (R1, R2, R6-R8) Pursuant to Penal Code §933.05, responses are required from the following governing bodies: • Mendocino County Board of Supervisors (All Findings and All Recommendations) • MCRPD Board of Directors (All Findings and All Recommendations) Pursuant to Penal Code §933.05, responses are requested from the following individuals: • State Auditor/Controller (All Findings and All Recommendations)
F7: The Grand Jury feels that the leaseback arrangement has an appearance of impropriety. The way in which the leaseback appears to be used in this particular situation is outside of the usual leaseback arrangement. It is conveying benefits to the lessees that are not within the normal course of business. This is to the detriment of the property taxpayers of MCRPD.
Related Recommendations (3)
R1: The MCRPD Board of Directors and administration immediately make all financial transactions transparent to the public. (F1, F3, F4, F5, F7, F8, F9, F10, F11, F12, F13)
R2: MCRPD develop a long-term strategic plan to eliminate all unfunded liabilities. (F1-F3, F5-F13)
R8: MCRPD finalize the ongoing bankruptcy and divest itself of the Hwy 20 property. (F8-F11) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individuals: • Mendocino County District Attorney (F1, F11, F12) and (R1) • Mendocino County Auditor (F3-F5) and (R4-R6) • MCRPD District Administrator (F1-F3, F5-F13) and (R1-R3, R6-R8) • City of Fort Bragg City Manager (F1, F3, F5-F12) and (R1, R2, R6-R8) Pursuant to Penal Code §933.05, responses are required from the following governing bodies: • Mendocino County Board of Supervisors (All Findings and All Recommendations) • MCRPD Board of Directors (All Findings and All Recommendations) Pursuant to Penal Code §933.05, responses are requested from the following individuals: • State Auditor/Controller (All Findings and All Recommendations)
F8: MCRPD’s financial problems were and are compounded by the purchase of the Hwy 20 property. MCRPD has assumed a large amount of debt with no clear means of repayment.
Related Recommendations (3)
R1: The MCRPD Board of Directors and administration immediately make all financial transactions transparent to the public. (F1, F3, F4, F5, F7, F8, F9, F10, F11, F12, F13)
R2: MCRPD develop a long-term strategic plan to eliminate all unfunded liabilities. (F1-F3, F5-F13)
R8: MCRPD finalize the ongoing bankruptcy and divest itself of the Hwy 20 property. (F8-F11) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individuals: • Mendocino County District Attorney (F1, F11, F12) and (R1) • Mendocino County Auditor (F3-F5) and (R4-R6) • MCRPD District Administrator (F1-F3, F5-F13) and (R1-R3, R6-R8) • City of Fort Bragg City Manager (F1, F3, F5-F12) and (R1, R2, R6-R8) Pursuant to Penal Code §933.05, responses are required from the following governing bodies: • Mendocino County Board of Supervisors (All Findings and All Recommendations) • MCRPD Board of Directors (All Findings and All Recommendations) Pursuant to Penal Code §933.05, responses are requested from the following individuals: • State Auditor/Controller (All Findings and All Recommendations)
F9: The Grand Jury has substantial doubt about MCRPD’s ability to continue as a viable operation. The MCRPD Board and Management have used poor judgement in borrowing money from individuals and commercials banks on at least three occasions. The loan repayment terms have not been met by MCRPD.
Related Recommendations (3)
R1: The MCRPD Board of Directors and administration immediately make all financial transactions transparent to the public. (F1, F3, F4, F5, F7, F8, F9, F10, F11, F12, F13)
R2: MCRPD develop a long-term strategic plan to eliminate all unfunded liabilities. (F1-F3, F5-F13)
R8: MCRPD finalize the ongoing bankruptcy and divest itself of the Hwy 20 property. (F8-F11) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individuals: • Mendocino County District Attorney (F1, F11, F12) and (R1) • Mendocino County Auditor (F3-F5) and (R4-R6) • MCRPD District Administrator (F1-F3, F5-F13) and (R1-R3, R6-R8) • City of Fort Bragg City Manager (F1, F3, F5-F12) and (R1, R2, R6-R8) Pursuant to Penal Code §933.05, responses are required from the following governing bodies: • Mendocino County Board of Supervisors (All Findings and All Recommendations) • MCRPD Board of Directors (All Findings and All Recommendations) Pursuant to Penal Code §933.05, responses are requested from the following individuals: • State Auditor/Controller (All Findings and All Recommendations)
F10: The Grand Jury finds that MCRPD has no strategic plan.
Related Recommendations (3)
R1: The MCRPD Board of Directors and administration immediately make all financial transactions transparent to the public. (F1, F3, F4, F5, F7, F8, F9, F10, F11, F12, F13)
R2: MCRPD develop a long-term strategic plan to eliminate all unfunded liabilities. (F1-F3, F5-F13)
R8: MCRPD finalize the ongoing bankruptcy and divest itself of the Hwy 20 property. (F8-F11) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individuals: • Mendocino County District Attorney (F1, F11, F12) and (R1) • Mendocino County Auditor (F3-F5) and (R4-R6) • MCRPD District Administrator (F1-F3, F5-F13) and (R1-R3, R6-R8) • City of Fort Bragg City Manager (F1, F3, F5-F12) and (R1, R2, R6-R8) Pursuant to Penal Code §933.05, responses are required from the following governing bodies: • Mendocino County Board of Supervisors (All Findings and All Recommendations) • MCRPD Board of Directors (All Findings and All Recommendations) Pursuant to Penal Code §933.05, responses are requested from the following individuals: • State Auditor/Controller (All Findings and All Recommendations)
F11: MCRPD acted irresponsibility by borrowing money outside of legal parameters by borrowing more money and for a longer period of time than allowed by California Public Resources Code §5788.21.
Related Recommendations (3)
R1: The MCRPD Board of Directors and administration immediately make all financial transactions transparent to the public. (F1, F3, F4, F5, F7, F8, F9, F10, F11, F12, F13)
R2: MCRPD develop a long-term strategic plan to eliminate all unfunded liabilities. (F1-F3, F5-F13)
R8: MCRPD finalize the ongoing bankruptcy and divest itself of the Hwy 20 property. (F8-F11) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individuals: • Mendocino County District Attorney (F1, F11, F12) and (R1) • Mendocino County Auditor (F3-F5) and (R4-R6) • MCRPD District Administrator (F1-F3, F5-F13) and (R1-R3, R6-R8) • City of Fort Bragg City Manager (F1, F3, F5-F12) and (R1, R2, R6-R8) Pursuant to Penal Code §933.05, responses are required from the following governing bodies: • Mendocino County Board of Supervisors (All Findings and All Recommendations) • MCRPD Board of Directors (All Findings and All Recommendations) Pursuant to Penal Code §933.05, responses are requested from the following individuals: • State Auditor/Controller (All Findings and All Recommendations)
F12: The Grand Jury finds that MCRPD has not maintained proper and complete records.
Related Recommendations (3)
R1: The MCRPD Board of Directors and administration immediately make all financial transactions transparent to the public. (F1, F3, F4, F5, F7, F8, F9, F10, F11, F12, F13)
R2: MCRPD develop a long-term strategic plan to eliminate all unfunded liabilities. (F1-F3, F5-F13)
R8: MCRPD finalize the ongoing bankruptcy and divest itself of the Hwy 20 property. (F8-F11) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individuals: • Mendocino County District Attorney (F1, F11, F12) and (R1) • Mendocino County Auditor (F3-F5) and (R4-R6) • MCRPD District Administrator (F1-F3, F5-F13) and (R1-R3, R6-R8) • City of Fort Bragg City Manager (F1, F3, F5-F12) and (R1, R2, R6-R8) Pursuant to Penal Code §933.05, responses are required from the following governing bodies: • Mendocino County Board of Supervisors (All Findings and All Recommendations) • MCRPD Board of Directors (All Findings and All Recommendations) Pursuant to Penal Code §933.05, responses are requested from the following individuals: • State Auditor/Controller (All Findings and All Recommendations)
F13: After originally requesting MCRPD documentation in January 2017, it was necessary for the Grand Jury to issue a subpoena in May 2017 to obtain MCRPD financial documentation.
Related Recommendations (3)
R1: The MCRPD Board of Directors and administration immediately make all financial transactions transparent to the public. (F1, F3, F4, F5, F7, F8, F9, F10, F11, F12, F13)
R2: MCRPD develop a long-term strategic plan to eliminate all unfunded liabilities. (F1-F3, F5-F13)
R8: MCRPD finalize the ongoing bankruptcy and divest itself of the Hwy 20 property. (F8-F11) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individuals: • Mendocino County District Attorney (F1, F11, F12) and (R1) • Mendocino County Auditor (F3-F5) and (R4-R6) • MCRPD District Administrator (F1-F3, F5-F13) and (R1-R3, R6-R8) • City of Fort Bragg City Manager (F1, F3, F5-F12) and (R1, R2, R6-R8) Pursuant to Penal Code §933.05, responses are required from the following governing bodies: • Mendocino County Board of Supervisors (All Findings and All Recommendations) • MCRPD Board of Directors (All Findings and All Recommendations) Pursuant to Penal Code §933.05, responses are requested from the following individuals: • State Auditor/Controller (All Findings and All Recommendations)
Findings & Recommendations 8 findings
F1: Formula businesses are restricted or prohibited, except when they are not. Ordinances are written and applied in different jurisdictions resulting in dissimilar treatment of similar businesses, and even applied differently in the same jurisdiction.
Related Recommendations (2)
R1: The County zoning ordinance include community character design review for all business development. (F1, F2, F4, F5, F7)
R2: The County and Ukiah eliminate “by right” business permits and formula business restrictions, and consistently review all business development under discretionary use permits for community character. (F1, F3, F4, F6, F8)
F2: The proposed County Community Character Combining District Ordinance adds additional expense and time, discouraging business permit applications in the County.
Related Recommendations (1)
R1: The County zoning ordinance include community character design review for all business development. (F1, F2, F4, F5, F7)
F3: The City of Ukiah has applied its zoning ordinance inconsistently.
Related Recommendations (2)
R2: The County and Ukiah eliminate “by right” business permits and formula business restrictions, and consistently review all business development under discretionary use permits for community character. (F1, F3, F4, F6, F8)
R3: Ukiah modify the Ukiah City code to eliminate the prohibition on formula business in the downtown zone and treat all business development equally. (F3, F4, F5, F8) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individual(s): • Ukiah City Manager (F1, F3, F4, F5 and R2, R3) Pursuant to Penal Code §933.05, responses are required from the following governing bodies: • Mendocino County Board of Supervisors (F1, F2, F4–F8 and R1, R2) • Ukiah City Council (F1, F3–F5 and R2, R3) Pursuant to Penal Code §933.05, responses are requested from the following individual(s): • Director, Mendocino County Planning and Building Services Department (F1, F2, F4–
F4: The downtown Ukiah formula business prohibition and the County Community Character Combining District Ordinance reflect an anti-business attitude that stymies economic growth.
Related Recommendations (3)
R1: The County zoning ordinance include community character design review for all business development. (F1, F2, F4, F5, F7)
R2: The County and Ukiah eliminate “by right” business permits and formula business restrictions, and consistently review all business development under discretionary use permits for community character. (F1, F3, F4, F6, F8)
R3: Ukiah modify the Ukiah City code to eliminate the prohibition on formula business in the downtown zone and treat all business development equally. (F3, F4, F5, F8) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individual(s): • Ukiah City Manager (F1, F3, F4, F5 and R2, R3) Pursuant to Penal Code §933.05, responses are required from the following governing bodies: • Mendocino County Board of Supervisors (F1, F2, F4–F8 and R1, R2) • Ukiah City Council (F1, F3–F5 and R2, R3) Pursuant to Penal Code §933.05, responses are requested from the following individual(s): • Director, Mendocino County Planning and Building Services Department (F1, F2, F4–
F5: Community character may be achievable through design modification.
Related Recommendations (2)
R1: The County zoning ordinance include community character design review for all business development. (F1, F2, F4, F5, F7)
R3: Ukiah modify the Ukiah City code to eliminate the prohibition on formula business in the downtown zone and treat all business development equally. (F3, F4, F5, F8) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individual(s): • Ukiah City Manager (F1, F3, F4, F5 and R2, R3) Pursuant to Penal Code §933.05, responses are required from the following governing bodies: • Mendocino County Board of Supervisors (F1, F2, F4–F8 and R1, R2) • Ukiah City Council (F1, F3–F5 and R2, R3) Pursuant to Penal Code §933.05, responses are requested from the following individual(s): • Director, Mendocino County Planning and Building Services Department (F1, F2, F4–
F6: In-N-Out Burger could have mitigated neighborhood concerns and Dollar General could have been required to provide design modifications if the code had not been written to allow “by right” commercial development.
Related Recommendations (1)
R2: The County and Ukiah eliminate “by right” business permits and formula business restrictions, and consistently review all business development under discretionary use permits for community character. (F1, F3, F4, F6, F8)
F7: The County Community Character Combining District zoning regulations go too far by adding time and expense to the application with the risk of capricious denial.
Related Recommendations (1)
R1: The County zoning ordinance include community character design review for all business development. (F1, F2, F4, F5, F7)
F8: The “wisdom of the market place” should be allowed to determine the success or failure of business.
Related Recommendations (2)
R2: The County and Ukiah eliminate “by right” business permits and formula business restrictions, and consistently review all business development under discretionary use permits for community character. (F1, F3, F4, F6, F8)
R3: Ukiah modify the Ukiah City code to eliminate the prohibition on formula business in the downtown zone and treat all business development equally. (F3, F4, F5, F8) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individual(s): • Ukiah City Manager (F1, F3, F4, F5 and R2, R3) Pursuant to Penal Code §933.05, responses are required from the following governing bodies: • Mendocino County Board of Supervisors (F1, F2, F4–F8 and R1, R2) • Ukiah City Council (F1, F3–F5 and R2, R3) Pursuant to Penal Code §933.05, responses are requested from the following individual(s): • Director, Mendocino County Planning and Building Services Department (F1, F2, F4–
Findings & Recommendations 9 findings
F1: The Registrar of Voters does an excellent job in the accuracy of reporting certified results.
Related Recommendations (2)
R1: The BOS and the Registrar of Voters review SB 450 and either adopt the provisions of SB 450 or change the current ballot counting procedures for more timely results. (F1, F2, F4-F8)
R3: The Registrar of Voters hires and trains more workers to provide more timely results. (F1, F2, F5-F7)
F2: Lack of timely results frustrates candidates and voters.
Related Recommendations (5)
R1: The BOS and the Registrar of Voters review SB 450 and either adopt the provisions of SB 450 or change the current ballot counting procedures for more timely results. (F1, F2, F4-F8)
R2: Regardless of the adoption of the provisions of SB 450, the Registrar of Voters requests updated more efficient equipment and software. (F2-F8)
R3: The Registrar of Voters hires and trains more workers to provide more timely results. (F1, F2, F5-F7)
R4: The Registrar of Voters updates election results weekly before the issuance of the State required certified results. (F2, F4, F5, F6)
R6: The Registrar of Voters install microphones so that observers can hear the counting proceedings between staff and implement a procedure to allow observers to view signature comparisons. (F9) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individual(s): • Mendocino County Clerk/Registrar of Voters: All Findings and All Recommendations Pursuant to Penal Code §933.05, responses are required from the following governing body: • Mendocino County Board of Supervisors: (F2, F6) (R1-3, R5) APPENDICES Appendix 2-1: County of Mendocino Office of the Assessor-Clerk Recorder Memorandum dated February 7, 2017 Appendix 2-2: SB 450 Legislative Analysist comments Appendix 2-3: Memorandum to All Candidates, Incomplete Ballot Counting on Election Night Reports issued by the Civil Grand Jury do not identify individuals interviewed. Penal Code §929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Civil Grand Jury. Appendix 2-1 County of Mendocino Office of the Assessor-Clerk Recorder Memorandum dated February 7, 2017 Appendix 2-2 SB 450 Legislative Analysist comments Appendix 2-3 Memorandum to All Candidates, Incomplete Ballot Counting on Election Night
F3: Twenty seven percent, or 10,029 mail-in ballots, were dropped off at a polling place on Election Day indicating that some voters may prefer to vote at polling places.
Related Recommendations (1)
R2: Regardless of the adoption of the provisions of SB 450, the Registrar of Voters requests updated more efficient equipment and software. (F2-F8)
F4: The Office of the Registrar of Voters follows its established procedures rigidly.
Related Recommendations (3)
R1: The BOS and the Registrar of Voters review SB 450 and either adopt the provisions of SB 450 or change the current ballot counting procedures for more timely results. (F1, F2, F4-F8)
R2: Regardless of the adoption of the provisions of SB 450, the Registrar of Voters requests updated more efficient equipment and software. (F2-F8)
R4: The Registrar of Voters updates election results weekly before the issuance of the State required certified results. (F2, F4, F5, F6)
F5: The Registrar of Voters voiced a willingness to change but has not implemented any substantive changes.
Related Recommendations (4)
R1: The BOS and the Registrar of Voters review SB 450 and either adopt the provisions of SB 450 or change the current ballot counting procedures for more timely results. (F1, F2, F4-F8)
R2: Regardless of the adoption of the provisions of SB 450, the Registrar of Voters requests updated more efficient equipment and software. (F2-F8)
R3: The Registrar of Voters hires and trains more workers to provide more timely results. (F1, F2, F5-F7)
R4: The Registrar of Voters updates election results weekly before the issuance of the State required certified results. (F2, F4, F5, F6)
F6: To achieve more timely results, members of the Board of Supervisors stated a willingness to dedicate resources to improvement, including increasing the budget for hiring more election workers and reserving more physical space for ballot counting.
Related Recommendations (6)
R1: The BOS and the Registrar of Voters review SB 450 and either adopt the provisions of SB 450 or change the current ballot counting procedures for more timely results. (F1, F2, F4-F8)
R2: Regardless of the adoption of the provisions of SB 450, the Registrar of Voters requests updated more efficient equipment and software. (F2-F8)
R3: The Registrar of Voters hires and trains more workers to provide more timely results. (F1, F2, F5-F7)
R4: The Registrar of Voters updates election results weekly before the issuance of the State required certified results. (F2, F4, F5, F6)
R5: The Registrar of Voters provides training and outreach education instructing voters how to correctly cast a vote with the aim to reduce the number of spoiled and provisional ballots. (F6, F8, F9)
R6: The Registrar of Voters install microphones so that observers can hear the counting proceedings between staff and implement a procedure to allow observers to view signature comparisons. (F9) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individual(s): • Mendocino County Clerk/Registrar of Voters: All Findings and All Recommendations Pursuant to Penal Code §933.05, responses are required from the following governing body: • Mendocino County Board of Supervisors: (F2, F6) (R1-3, R5) APPENDICES Appendix 2-1: County of Mendocino Office of the Assessor-Clerk Recorder Memorandum dated February 7, 2017 Appendix 2-2: SB 450 Legislative Analysist comments Appendix 2-3: Memorandum to All Candidates, Incomplete Ballot Counting on Election Night Reports issued by the Civil Grand Jury do not identify individuals interviewed. Penal Code §929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Civil Grand Jury. Appendix 2-1 County of Mendocino Office of the Assessor-Clerk Recorder Memorandum dated February 7, 2017 Appendix 2-2 SB 450 Legislative Analysist comments Appendix 2-3 Memorandum to All Candidates, Incomplete Ballot Counting on Election Night
F7: The procedures for processing election results are labor intensive and lack adequate modern data processing.
Related Recommendations (3)
R1: The BOS and the Registrar of Voters review SB 450 and either adopt the provisions of SB 450 or change the current ballot counting procedures for more timely results. (F1, F2, F4-F8)
R2: Regardless of the adoption of the provisions of SB 450, the Registrar of Voters requests updated more efficient equipment and software. (F2-F8)
R3: The Registrar of Voters hires and trains more workers to provide more timely results. (F1, F2, F5-F7)
F8: Adopting the provisions of SB 450 will be expensive for low population counties like Mendocino County.
Related Recommendations (3)
R1: The BOS and the Registrar of Voters review SB 450 and either adopt the provisions of SB 450 or change the current ballot counting procedures for more timely results. (F1, F2, F4-F8)
R2: Regardless of the adoption of the provisions of SB 450, the Registrar of Voters requests updated more efficient equipment and software. (F2-F8)
R5: The Registrar of Voters provides training and outreach education instructing voters how to correctly cast a vote with the aim to reduce the number of spoiled and provisional ballots. (F6, F8, F9)
F9: Observation has been improved, but observers could not hear the proceedings or view the signature comparisons.
Related Recommendations (2)
R5: The Registrar of Voters provides training and outreach education instructing voters how to correctly cast a vote with the aim to reduce the number of spoiled and provisional ballots. (F6, F8, F9)
R6: The Registrar of Voters install microphones so that observers can hear the counting proceedings between staff and implement a procedure to allow observers to view signature comparisons. (F9) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individual(s): • Mendocino County Clerk/Registrar of Voters: All Findings and All Recommendations Pursuant to Penal Code §933.05, responses are required from the following governing body: • Mendocino County Board of Supervisors: (F2, F6) (R1-3, R5) APPENDICES Appendix 2-1: County of Mendocino Office of the Assessor-Clerk Recorder Memorandum dated February 7, 2017 Appendix 2-2: SB 450 Legislative Analysist comments Appendix 2-3: Memorandum to All Candidates, Incomplete Ballot Counting on Election Night Reports issued by the Civil Grand Jury do not identify individuals interviewed. Penal Code §929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Civil Grand Jury. Appendix 2-1 County of Mendocino Office of the Assessor-Clerk Recorder Memorandum dated February 7, 2017 Appendix 2-2 SB 450 Legislative Analysist comments Appendix 2-3 Memorandum to All Candidates, Incomplete Ballot Counting on Election Night
Findings & Recommendations 11 findings
F1: The CED Officers have considerable discretion as to whether or not fines should be asserted. California Penal Code §829.5 states that CED officers are, “…authorized to issue citations, or file formal complaints”.
Related Recommendations (1)
R8: The BOS direct staff to develop and enact policies by the close of fiscal year 2018 to provide consistency in the assertion and the amount of fines for violations.(F1, F2) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individual(s): • Mendocino County Chief Executive Officer (All Findings and All Recommendations) Pursuant to Penal Code §933.05, responses are required from the following governing body: • Mendocino County Board of Supervisors (All Findings and All Recommendations) Pursuant to Penal Code §933.05, responses are requested from the following individual(s): • Mendocino County Interim Director of Planning and Building Services (All Findings and All Recommendations) • Mendocino County Deputy Chief Executive Officer (All Findings and All Recommendations) APPENDICES: 3-1 Complaint Form 3-2 Department Organization Chart 3-3 Department Procedures 3-4 Department Activity Report Reports issued by the Civil Grand Jury do not identify individuals interviewed. Penal Code §929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury. Appendix 3-1 Attachment 3-2 Page11of14 (cid:41)(cid:44)(cid:49)(cid:36)(cid:47)(cid:25)(cid:18)(cid:21)(cid:21)(cid:18)(cid:20)(cid:26) (cid:48)(cid:72)(cid:81)(cid:71)(cid:82)(cid:70)(cid:76)(cid:81)(cid:82)(cid:38)(cid:82)(cid:88)(cid:81)(cid:87)(cid:92)(cid:42)(cid:85)(cid:68)(cid:81)(cid:71)(cid:45)(cid:88)(cid:85)(cid:92)(cid:21)(cid:19)(cid:20)(cid:25)(cid:16)(cid:21)(cid:19)(cid:20)(cid:26) (cid:36)(cid:51)(cid:51)(cid:40)(cid:49)(cid:39)(cid:44)(cid:59) (cid:22)(cid:16)(cid:22) (cid:51)(cid:68)(cid:74)(cid:72) (cid:20) (cid:82)(cid:73) (cid:21) (cid:51)(cid:68)(cid:74)(cid:72)(cid:20)(cid:21)(cid:82)(cid:73)(cid:20)(cid:23) FINAL6/22/17 MendocinoCountyGrandJury2016-2017 APPENDIX 3-3 NOTICEOFVIOLATIONDUEPROCESS BuildingViolations:AnypersonaccusedofanactivityprohibitedbyMendocinoCountyCodeChapter18has therighttoappeal.ThefollowingprovidesthedueprocessproceduresforanNOV: AdministrativeAppeals: A.ArequestforameetingbeforethePlanningandBuildingServicesDepartmentBuildingOfficialorDirector shallbemadebythepropertyownerorinterestedpartytocontestanyviolation,decision,determination,or requirementofthePlanningandBuildingServicesDepartmentbyfilinganoticeinwritingwiththePlanning andBuildingServicesDepartmentwithinten(10)daysfromthedateoftheNoticeofViolation. B.YoumayappealthedecisionrenderedbytheBuildingOfficialorDirectortotheBoardofSupervisorsby submittingawrittenappealtotheCountyExecutiveOfficealongwiththefilingfee.Youmayalsohavetheright toahearingintheSuperiorCourt.Consultanattorneyifyouhavequestionsaboutyourcase. ZoningViolations:AnypersonaccusedofanactivityprohibitedbytheMendocinoCountyZoningCode Chapter20hastherighttoappealanadversedecision.MendocinoCountyZoningCode,Section20.208.010, 20.544.010,and20.728.010providetheproceduresforanappeal. A.ArequestforahearingbeforethePlanningCommissionmaybemadebythepropertyownerorany interestedpersonfromanydecision,determination,orrequirementofthePlanningandBuildingServices DepartmentbyfilinganoticeinwritingwiththePlanningandBuildingServicesDepartmentwithinten(10) daysaftersuchdecision,determinationorrequirementismade.Suchappealshallbeaccompaniedbyafee. B.ThePlanningandBuildingServicesDepartmentshallprepareawrittenreportthatincludesfindingswhich shallbeforwardedtothePlanningCommissionforaction.TheactionofthePlanningCommissionisfinal unlessappealedtotheBoardofSupervisorspursuanttoSection20.208.015,20.544.015,and20.728.015by filinganappealinwritingwithin10daysofthePlanningCommission’sdecisionandshallbeaccompaniedbya fee. C.Notificationisnotnecessaryforanadministrativeappeal.(Ord.No.3639(part),adopted1987) AlienwillberecordedwiththeMendocinoCountyRecordersOfficeforanyviolationoftheprovisionsofthis Divisionthatarenotclearedwithinthetimeframesetbytheofficer.Thelienwillbeforthenoticeofviolation andtheestimatedpermitcosts(ifapplicable),penalties(suchfeesshallbefurtherevaluatedatthetimeof restitution),fines,andadministrativecosts.Thenoticeshallspecifythename(s)oftherecordownersand particularlydescribingtherealproperty.Theuseoftheseadministrativeremediesdoesnotprecludetheuseof otherlegalremediesprescribedbylawtogaincompliance. StormwaterViolations:AnypersonaccusedofactivityprohibitedbytheMendocinoCountyCodeChapter16 relativetostormwaterdischargeviolationsissubjecttoenforcementthroughtheNoticeofViolationand/or NoticeandOrdertoAbateprocess.Theenforcementmechanismusedtoaddressviolationsofthischapterwill beatthediscretionofthecodeenforcementofficerbasedupontherelativeseverityoftheviolationas determinedbythenatureandcircumstancessurroundingtheincident. UkiahOffice: 860NorthBushStreet Ukiah,California95482 Telephone:(707)463-4281 Facsimile:(707)463-5709 FortBraggOffice: 120WestFirStreet FortBragg,California95437 Telephone:(707)964-5379 Facsimile:(707)961-2427 *Thisinformationisnotall-inclusive;toaccessfurtherinformationregardingtheUniformNuisanceAbatement ProcedureandSummaryAbatementProcedureoftheMendocinoCountyCodevisitChapter8.75 onlineat www.co.mendocino.ca.usundertheBoardofSupervisorsdrop-downmenu. Page13of14 APPENDIX 3-4 Page14of14
F2: The CED approach to complaints is reactive and rarely considers issues outside the parameters of the complaint.
Related Recommendations (3)
R1: To reduce the backlog of complaints, there is a need for additional staff in CED; the BOS discuss and consider expanding CED staff. (F2, F4-F6)
R2: The BOS consider and discuss assigning the enterprise designation to the CED. (F2, F4)
R8: The BOS direct staff to develop and enact policies by the close of fiscal year 2018 to provide consistency in the assertion and the amount of fines for violations.(F1, F2) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individual(s): • Mendocino County Chief Executive Officer (All Findings and All Recommendations) Pursuant to Penal Code §933.05, responses are required from the following governing body: • Mendocino County Board of Supervisors (All Findings and All Recommendations) Pursuant to Penal Code §933.05, responses are requested from the following individual(s): • Mendocino County Interim Director of Planning and Building Services (All Findings and All Recommendations) • Mendocino County Deputy Chief Executive Officer (All Findings and All Recommendations) APPENDICES: 3-1 Complaint Form 3-2 Department Organization Chart 3-3 Department Procedures 3-4 Department Activity Report Reports issued by the Civil Grand Jury do not identify individuals interviewed. Penal Code §929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury. Appendix 3-1 Attachment 3-2 Page11of14 (cid:41)(cid:44)(cid:49)(cid:36)(cid:47)(cid:25)(cid:18)(cid:21)(cid:21)(cid:18)(cid:20)(cid:26) (cid:48)(cid:72)(cid:81)(cid:71)(cid:82)(cid:70)(cid:76)(cid:81)(cid:82)(cid:38)(cid:82)(cid:88)(cid:81)(cid:87)(cid:92)(cid:42)(cid:85)(cid:68)(cid:81)(cid:71)(cid:45)(cid:88)(cid:85)(cid:92)(cid:21)(cid:19)(cid:20)(cid:25)(cid:16)(cid:21)(cid:19)(cid:20)(cid:26) (cid:36)(cid:51)(cid:51)(cid:40)(cid:49)(cid:39)(cid:44)(cid:59) (cid:22)(cid:16)(cid:22) (cid:51)(cid:68)(cid:74)(cid:72) (cid:20) (cid:82)(cid:73) (cid:21) (cid:51)(cid:68)(cid:74)(cid:72)(cid:20)(cid:21)(cid:82)(cid:73)(cid:20)(cid:23) FINAL6/22/17 MendocinoCountyGrandJury2016-2017 APPENDIX 3-3 NOTICEOFVIOLATIONDUEPROCESS BuildingViolations:AnypersonaccusedofanactivityprohibitedbyMendocinoCountyCodeChapter18has therighttoappeal.ThefollowingprovidesthedueprocessproceduresforanNOV: AdministrativeAppeals: A.ArequestforameetingbeforethePlanningandBuildingServicesDepartmentBuildingOfficialorDirector shallbemadebythepropertyownerorinterestedpartytocontestanyviolation,decision,determination,or requirementofthePlanningandBuildingServicesDepartmentbyfilinganoticeinwritingwiththePlanning andBuildingServicesDepartmentwithinten(10)daysfromthedateoftheNoticeofViolation. B.YoumayappealthedecisionrenderedbytheBuildingOfficialorDirectortotheBoardofSupervisorsby submittingawrittenappealtotheCountyExecutiveOfficealongwiththefilingfee.Youmayalsohavetheright toahearingintheSuperiorCourt.Consultanattorneyifyouhavequestionsaboutyourcase. ZoningViolations:AnypersonaccusedofanactivityprohibitedbytheMendocinoCountyZoningCode Chapter20hastherighttoappealanadversedecision.MendocinoCountyZoningCode,Section20.208.010, 20.544.010,and20.728.010providetheproceduresforanappeal. A.ArequestforahearingbeforethePlanningCommissionmaybemadebythepropertyownerorany interestedpersonfromanydecision,determination,orrequirementofthePlanningandBuildingServices DepartmentbyfilinganoticeinwritingwiththePlanningandBuildingServicesDepartmentwithinten(10) daysaftersuchdecision,determinationorrequirementismade.Suchappealshallbeaccompaniedbyafee. B.ThePlanningandBuildingServicesDepartmentshallprepareawrittenreportthatincludesfindingswhich shallbeforwardedtothePlanningCommissionforaction.TheactionofthePlanningCommissionisfinal unlessappealedtotheBoardofSupervisorspursuanttoSection20.208.015,20.544.015,and20.728.015by filinganappealinwritingwithin10daysofthePlanningCommission’sdecisionandshallbeaccompaniedbya fee. C.Notificationisnotnecessaryforanadministrativeappeal.(Ord.No.3639(part),adopted1987) AlienwillberecordedwiththeMendocinoCountyRecordersOfficeforanyviolationoftheprovisionsofthis Divisionthatarenotclearedwithinthetimeframesetbytheofficer.Thelienwillbeforthenoticeofviolation andtheestimatedpermitcosts(ifapplicable),penalties(suchfeesshallbefurtherevaluatedatthetimeof restitution),fines,andadministrativecosts.Thenoticeshallspecifythename(s)oftherecordownersand particularlydescribingtherealproperty.Theuseoftheseadministrativeremediesdoesnotprecludetheuseof otherlegalremediesprescribedbylawtogaincompliance. StormwaterViolations:AnypersonaccusedofactivityprohibitedbytheMendocinoCountyCodeChapter16 relativetostormwaterdischargeviolationsissubjecttoenforcementthroughtheNoticeofViolationand/or NoticeandOrdertoAbateprocess.Theenforcementmechanismusedtoaddressviolationsofthischapterwill beatthediscretionofthecodeenforcementofficerbasedupontherelativeseverityoftheviolationas determinedbythenatureandcircumstancessurroundingtheincident. UkiahOffice: 860NorthBushStreet Ukiah,California95482 Telephone:(707)463-4281 Facsimile:(707)463-5709 FortBraggOffice: 120WestFirStreet FortBragg,California95437 Telephone:(707)964-5379 Facsimile:(707)961-2427 *Thisinformationisnotall-inclusive;toaccessfurtherinformationregardingtheUniformNuisanceAbatement ProcedureandSummaryAbatementProcedureoftheMendocinoCountyCodevisitChapter8.75 onlineat www.co.mendocino.ca.usundertheBoardofSupervisorsdrop-downmenu. Page13of14 APPENDIX 3-4 Page14of14
F3: There are insufficient appropriate vehicles directly assigned to CED to allow safe and efficient performance of the assigned tasks.
Related Recommendations (1)
R3: The BOS consider assigning each CED Officer a dependable all-wheel drive vehicle. (F3)
F4: The turnover and lack of staff to conduct CED activities within Mendocino County contributes to issues not being corrected in a timely and consistent manner.
Related Recommendations (2)
R1: To reduce the backlog of complaints, there is a need for additional staff in CED; the BOS discuss and consider expanding CED staff. (F2, F4-F6)
R2: The BOS consider and discuss assigning the enterprise designation to the CED. (F2, F4)
F5: The shortage and turnover of CED management staff contributes to lack of clear direction for employees.
Related Recommendations (1)
R1: To reduce the backlog of complaints, there is a need for additional staff in CED; the BOS discuss and consider expanding CED staff. (F2, F4-F6)
F6: The backlog number of complaints has been significantly reduced to approximately 300. The validity of this number cannot be proven due to lack of publicly available documentation.
Related Recommendations (3)
R1: To reduce the backlog of complaints, there is a need for additional staff in CED; the BOS discuss and consider expanding CED staff. (F2, F4-F6)
R5: The Director of P&B provide in the monthly report to the BOS a summary of the monthly staff meeting with action items included.(F6, F7,F9, F10)
R6: The Department of P&B place all building and complaint actions in an online database for public access by street address and property number (APN) leaving off the name(s) of the complainant(s). (F6, F7, F10)
F7: There are no online data regarding code enforcement complaints and the status of code enforcement activity. This lack of transparency is detrimental to the efficient function of CED. The Grand Jury finds this lack of accuracy unacceptable because it is difficult: • to determine if a complaint has been filed on a specific property • to know when a complaint has been corrected • to know if there are duplicate filings of a complaint • to have statistics to fairly assess the performance of the department • to understand departmental operations in the interest of transparency
Related Recommendations (2)
R5: The Director of P&B provide in the monthly report to the BOS a summary of the monthly staff meeting with action items included.(F6, F7,F9, F10)
R6: The Department of P&B place all building and complaint actions in an online database for public access by street address and property number (APN) leaving off the name(s) of the complainant(s). (F6, F7, F10)
F8: There are no regularly scheduled meetings between the staff of CED and the rest of P&B. This impairs the efficient function of both staffs.
Related Recommendations (1)
R4: The Director of P&B schedule at least a monthly meeting of all staff to discuss and advise on all issues concerning P&B and CED. (F8, F9)
F9: There are no departmental action plans in the report given by the P&B Director to the BOS.
Related Recommendations (2)
R4: The Director of P&B schedule at least a monthly meeting of all staff to discuss and advise on all issues concerning P&B and CED. (F8, F9)
R5: The Director of P&B provide in the monthly report to the BOS a summary of the monthly staff meeting with action items included.(F6, F7,F9, F10)
F10: There is a new online program available to licensed contractors to obtain permits. In interviews it was not clear what additional changes are planned for online access by licensed contractors or the public.
Related Recommendations (2)
R5: The Director of P&B provide in the monthly report to the BOS a summary of the monthly staff meeting with action items included.(F6, F7,F9, F10)
R6: The Department of P&B place all building and complaint actions in an online database for public access by street address and property number (APN) leaving off the name(s) of the complainant(s). (F6, F7, F10)
F11: The mold growth that was found is hazardous to the health of workers and citizens who frequent County facilities.
Related Recommendations (1)
R7: The BOS direct staff to bring all County facilities into compliance with applicable State and County codes within the next fiscal year, and report the result back to the BOS. (F11)