Gran Jurado del Condado de Merced
2008-2009
From the annual report
The consolidated year-end volume. The individual investigations it contains are listed separately below.
📑 Year-End Report
The full consolidated volume; individual reports are listed below.
Individual reports (4)
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Hallazgos & Recomendaciones
8 hallazgos
F1:
Tbe MCSD sbould carefully monitor tbe revenue and expenditures of its Benefits Insnrance Program and provide timely reports to tbe DTA that clearly reflect the status oftbe Program.
F2:
Tbe MCSD sbould augment its efforts to communicatef"mancial transactions within the Benefits Insurance Program in a manner that can be easily understood by certificated employees.
F3:
Tbe MCSD sbould give serions consideration to tbe DTA's request for tbe establisbmentofa Trust Fund for specific purpose of compartmentalizing all financial transactions related to tbe Employee Benefits Insurance Program. 16 ereed ~~c<dc -l:il: 444 West23t<l Stree1,Men:ed,CA 95340 '" ~t9&k7l'lfUdi1II ~OOI Phone (209)385-6600Fax(209) 385-6393 D\S"<- BoardofEduc:ation: PresidentDennisJordan;ClerkTomParker,DarrellCberf;GeneStamm;SusanWalsh ActingDistrictSuperintendent: RoseMaryP. Duran. Ed.D. February, 25, 2009 Mr. Harlan Dake, DeputyForeperson 2008-2009 Merced Couoty Grand Jury P.O. Box 2034 Merced, California 95344 Rc: Merced City Scbool DistrictResponseto GrandJury Complaint 08-09-5 Dear Mr. Dake: TheMerced CitySchool District bas reviewed the findings and recommendations oftheMerced County Grand Jury Report coocerning complaintNo. 08-09-5. Iunderstand that this complaint was presented to the Grand JurybytheMerced CityTeachers' Association (MCTA) overtheir feeling that the District had mismanaged theself-insured health careplan. Grand Jury Recommendations: Finding: TheMCSD shouldcarefullymonilortherevenueandexpendituresofitsBenefits Insurance Programandprovidetimelyreports to theDTA thatclearlyreflect thestatusa/the Program. District Response: The Districtwill revise its financial reports to present the revenueand expenditure information to DTA in a more easilyunderstood fonnat. Finding: TheMCSDshouldaugmenl itsefforts10 communicntejinancialtransactionrwithin Ihe BenefitsInsuranceProgram ina mannerthatcan beeasilyunderstoodbycertificatedemployees. DistrictResponse: The Districtdiscontinuedits Self-InsuranceProgram. withtheexceptionof Dental, asofJune30, 2008. Everyeffort will bemadetoensure DTAcompletelyunderstands anyfinancial information presented tothem.. Finding: The MCSDshouldgiveseriousconsideration to theDTA'srequestforthe establishmentofa Trust Fundforspecificpurposeofcompartmentalizinga//financial transactionsrelatedto theEmployeeBenefitInsurance Program. District Response: The District maintains aseparateFund attheCountyTreasurysolely forthe purposeoftrackingrevenues and expenses for theHealth Insurance Program. 17 "ToansurethataverystudantuceJs~cadfH1lJcaIJy.buildscharacter, andIsaproductivemamblJrofourcommunity... -- """"""'" Fdlfuafy25.2009 PageZ0(2 I appreciate theopportunityto respond to the Merced CountyGrand Jury findings. Sincerely, rtrrt~ ~~ao, RoseMary Ed.D. RD:ktk 18 MERCED COUNTY 2008-2009 GRAND JURY COMPLAINT # 08-09-09 Board ofCommissioners Housing Authority ofthe County ofMerced (HACM) SUMMARY The Grand Jury received a complaint regarding Board ofSupervisor appointments made to the Housing Authority's Board ofCommissioners. (BABC) The complaint was accepted by the Grand Jury and assigned to the Law and Justice Committee. The complaint alleges that the recent appointees to the BABC were biased and had financial conflicts ofinterests; moreover, tbe complaint alleges tbat these appointees were responsible for the financial losses incurred by tbe Housing Authority (HA). The complaint also alleges harassment and retaliatory behavior by at least one commissioner directed at the Executive Director. INTRODUCTION On February 26, 2008, the Board ofSupervisors adopted Resolution 2008-28 which was intended to provide a formal, fair and equitable process for making appointments to boards, commissions and committees ofMerced County. Provisions ofthis resolution stipulate that candidates for at-large Board of Supervisorappointments complete an application and supplemental questionnaire that details their background and experience. Also, candidates must submit to an interview before the full Board ofSupervisors. Each Board member evaluates the candidates' applications, questionnaires, and interviews. Tbe top scorers above a minimum of70% are eligible for appointment. As reflected in the Board ofSupervisors minutes ofthe February 26" meeting, Supervisor Nelson stated words to the effect that the aforementioned resolution will not only require the completion ofForm 700 (disclosure ofpotential conflicts ofinterest) for people interested in serving on Boards, Commissions and Committees, but also will require the stated additional steps in the appointment process. He also stated that the proposed changes will, "ensure the County has ethical representatives." The complaint delineates five (5) major areas ofconcern regarding the process by which commissioners are appointed and warranted examination for possible abuses or conflicts ofinterest, to wit: 19
F4:
A Commissioner ofthe HA asked tbe BABC to use HACM funds to satisfy bis personal dehts and to indemnify him against any legal action stemming from his association with Firm Build. Tbe BABC voted to partially approve the Commissioner's request by payingseveral thousand dollars ofthe Commissioner's personal debt.
F5:
A recent appointee who was a former employee ofHAMC was alleged to have made threatening remarks directed to the Executive Director that were retaliatory in nature. METHOD OF INVESTIGATION The Law and Justice Committee interviewed various County Supervisors, selected HACM staffand certain members ofthe BABe. Various documents and selected correspondence pertinent to tbe complaint were also reviewed by tbe committee. Tbe Committee also attended one meeting oftbe BABe. FINDINGS l. We find that the Executive Director acted appropriately when she denied Firm Build's request to renew its contracts with the HACM.
F6:
We find that the Board ofSupervisors erred in judgment by appointing a former disgruntled employee ofthe HA to the BABe.
F7:
We find that the aforementioned Commissioner mentioned in finding #6 has been grossly unprofessional by displaying retaliatory and potentially slanderous behavior toward the Executive Director. We further find that such behavior is seriously detrimental to orderly conduct ofBABC business.
F8:
The HA is not in compliance with its own By-Laws (Article 1,Section 4). RECOMMENDAnONS
Recomendaciones adicionales
6
No vinculadas a hallazgos específicos.
R2:
The MCOE should obtain the required building permits for future construction projects and should bavethe projects inspected as required.
R3:
For all future projects, the MCOE should bave a contractsigned by both parties to ensure the speci.ficationsofthe contract are followed to the letterofthe contract.
R4:
The MCOE should provide more supervision and oversight when it enters new projects. There was clearly a lack ofboth in the construction ofthe ATC and the MCOE and Finn Build needed to communicate more often and effectively.
R5:
The MCOE should ensure there is no conflict ofinterest when it enters into agreements with outsideentities who desire to become involved in its operations.
R6:
The MCOE is encouraged to continue to look for funding and contributions with then local community to aid in funding for the WLA.
R7:
The MCOE should follow good accounting practices for aU recordkeeping, keeping careful recordsofall incurredexpenses involvingoutside parties, such as the case with Finn Build. GLOSSARY OFTERMS MCOE: MercedCounty ofEducation MOU: Memo ofUnderstanding HAMC: HousingAuthorityofMerced County ATC: Automotive Training Center QZAB: A federal bond WLA: Workplace Learning Academy 26 Postscript to FY200712008 Grand Jnry's Report On The City ofLivingston Summat")' On its own initiative, this Grand Jury voted to revisit the findings ofthe previous year"s Grand Jury as relates to the City ofLivingston. This decision was prompted by the City ofLivingston's response to those findings that primarily consisted ofdenialsofall the
Vista rápida
Detalles completos →
Hallazgos & Recomendaciones
8 hallazgos
F1:
Tbe MCSD sbould carefully monitor tbe revenue and expenditures of its Benefits Insnrance Program and provide timely reports to tbe DTA that clearly reflect the status oftbe Program.
F2:
Tbe MCSD sbould augment its efforts to communicatef"mancial transactions within the Benefits Insurance Program in a manner that can be easily understood by certificated employees.
F3:
Tbe MCSD sbould give serions consideration to tbe DTA's request for tbe establisbmentofa Trust Fund for specific purpose of compartmentalizing all financial transactions related to tbe Employee Benefits Insurance Program. 16 ereed ~~c<dc -l:il: 444 West23t<l Stree1,Men:ed,CA 95340 '" ~t9&k7l'lfUdi1II ~OOI Phone (209)385-6600Fax(209) 385-6393 D\S"<- BoardofEduc:ation: PresidentDennisJordan;ClerkTomParker,DarrellCberf;GeneStamm;SusanWalsh ActingDistrictSuperintendent: RoseMaryP. Duran. Ed.D. February, 25, 2009 Mr. Harlan Dake, DeputyForeperson 2008-2009 Merced Couoty Grand Jury P.O. Box 2034 Merced, California 95344 Rc: Merced City Scbool DistrictResponseto GrandJury Complaint 08-09-5 Dear Mr. Dake: TheMerced CitySchool District bas reviewed the findings and recommendations oftheMerced County Grand Jury Report coocerning complaintNo. 08-09-5. Iunderstand that this complaint was presented to the Grand JurybytheMerced CityTeachers' Association (MCTA) overtheir feeling that the District had mismanaged theself-insured health careplan. Grand Jury Recommendations: Finding: TheMCSD shouldcarefullymonilortherevenueandexpendituresofitsBenefits Insurance Programandprovidetimelyreports to theDTA thatclearlyreflect thestatusa/the Program. District Response: The Districtwill revise its financial reports to present the revenueand expenditure information to DTA in a more easilyunderstood fonnat. Finding: TheMCSDshouldaugmenl itsefforts10 communicntejinancialtransactionrwithin Ihe BenefitsInsuranceProgram ina mannerthatcan beeasilyunderstoodbycertificatedemployees. DistrictResponse: The Districtdiscontinuedits Self-InsuranceProgram. withtheexceptionof Dental, asofJune30, 2008. Everyeffort will bemadetoensure DTAcompletelyunderstands anyfinancial information presented tothem.. Finding: The MCSDshouldgiveseriousconsideration to theDTA'srequestforthe establishmentofa Trust Fundforspecificpurposeofcompartmentalizinga//financial transactionsrelatedto theEmployeeBenefitInsurance Program. District Response: The District maintains aseparateFund attheCountyTreasurysolely forthe purposeoftrackingrevenues and expenses for theHealth Insurance Program. 17 "ToansurethataverystudantuceJs~cadfH1lJcaIJy.buildscharacter, andIsaproductivemamblJrofourcommunity... -- """"""'" Fdlfuafy25.2009 PageZ0(2 I appreciate theopportunityto respond to the Merced CountyGrand Jury findings. Sincerely, rtrrt~ ~~ao, RoseMary Ed.D. RD:ktk 18 MERCED COUNTY 2008-2009 GRAND JURY COMPLAINT # 08-09-09 Board ofCommissioners Housing Authority ofthe County ofMerced (HACM) SUMMARY The Grand Jury received a complaint regarding Board ofSupervisor appointments made to the Housing Authority's Board ofCommissioners. (BABC) The complaint was accepted by the Grand Jury and assigned to the Law and Justice Committee. The complaint alleges that the recent appointees to the BABC were biased and had financial conflicts ofinterests; moreover, tbe complaint alleges tbat these appointees were responsible for the financial losses incurred by tbe Housing Authority (HA). The complaint also alleges harassment and retaliatory behavior by at least one commissioner directed at the Executive Director. INTRODUCTION On February 26, 2008, the Board ofSupervisors adopted Resolution 2008-28 which was intended to provide a formal, fair and equitable process for making appointments to boards, commissions and committees ofMerced County. Provisions ofthis resolution stipulate that candidates for at-large Board of Supervisorappointments complete an application and supplemental questionnaire that details their background and experience. Also, candidates must submit to an interview before the full Board ofSupervisors. Each Board member evaluates the candidates' applications, questionnaires, and interviews. Tbe top scorers above a minimum of70% are eligible for appointment. As reflected in the Board ofSupervisors minutes ofthe February 26" meeting, Supervisor Nelson stated words to the effect that the aforementioned resolution will not only require the completion ofForm 700 (disclosure ofpotential conflicts ofinterest) for people interested in serving on Boards, Commissions and Committees, but also will require the stated additional steps in the appointment process. He also stated that the proposed changes will, "ensure the County has ethical representatives." The complaint delineates five (5) major areas ofconcern regarding the process by which commissioners are appointed and warranted examination for possible abuses or conflicts ofinterest, to wit: 19
F4:
A Commissioner ofthe HA asked tbe BABC to use HACM funds to satisfy bis personal dehts and to indemnify him against any legal action stemming from his association with Firm Build. Tbe BABC voted to partially approve the Commissioner's request by payingseveral thousand dollars ofthe Commissioner's personal debt.
F5:
A recent appointee who was a former employee ofHAMC was alleged to have made threatening remarks directed to the Executive Director that were retaliatory in nature. METHOD OF INVESTIGATION The Law and Justice Committee interviewed various County Supervisors, selected HACM staffand certain members ofthe BABe. Various documents and selected correspondence pertinent to tbe complaint were also reviewed by tbe committee. Tbe Committee also attended one meeting oftbe BABe. FINDINGS l. We find that the Executive Director acted appropriately when she denied Firm Build's request to renew its contracts with the HACM.
F6:
We find that the Board ofSupervisors erred in judgment by appointing a former disgruntled employee ofthe HA to the BABe.
F7:
We find that the aforementioned Commissioner mentioned in finding #6 has been grossly unprofessional by displaying retaliatory and potentially slanderous behavior toward the Executive Director. We further find that such behavior is seriously detrimental to orderly conduct ofBABC business.
F8:
The HA is not in compliance with its own By-Laws (Article 1,Section 4). RECOMMENDAnONS
Recomendaciones adicionales
6
No vinculadas a hallazgos específicos.
R2:
The MCOE should obtain the required building permits for future construction projects and should bavethe projects inspected as required.
R3:
For all future projects, the MCOE should bave a contractsigned by both parties to ensure the speci.ficationsofthe contract are followed to the letterofthe contract.
R4:
The MCOE should provide more supervision and oversight when it enters new projects. There was clearly a lack ofboth in the construction ofthe ATC and the MCOE and Finn Build needed to communicate more often and effectively.
R5:
The MCOE should ensure there is no conflict ofinterest when it enters into agreements with outsideentities who desire to become involved in its operations.
R6:
The MCOE is encouraged to continue to look for funding and contributions with then local community to aid in funding for the WLA.
R7:
The MCOE should follow good accounting practices for aU recordkeeping, keeping careful recordsofall incurredexpenses involvingoutside parties, such as the case with Finn Build. GLOSSARY OFTERMS MCOE: MercedCounty ofEducation MOU: Memo ofUnderstanding HAMC: HousingAuthorityofMerced County ATC: Automotive Training Center QZAB: A federal bond WLA: Workplace Learning Academy 26 Postscript to FY200712008 Grand Jnry's Report On The City ofLivingston Summat")' On its own initiative, this Grand Jury voted to revisit the findings ofthe previous year"s Grand Jury as relates to the City ofLivingston. This decision was prompted by the City ofLivingston's response to those findings that primarily consisted ofdenialsofall the
Hallazgos & Recomendaciones
3 hallazgos
F1:
The MCSD should carefully monitor the revenue and expenditures of its Benefits Insurance Program and provide timely reports to the DTA that clearly reflect the status of the Program. Live the MCSD and the MTA mut on a mouthy basic.
F2:
The MCSD should augment its efforts to communicate financial transactions within the Benefits Insurance Program in a manner that can be easily understood by certificated employees. the
F3:
The MCSD should give serious consideration to the DTA's request for the establishment of a Trust Fund for specific purpose of compartmentalizing all financial transactions related to the Employee Benefits Insurance Program.
Hallazgos & Recomendaciones
3 hallazgos
F1:
The MCSD should carefully monitor the revenue and expenditures of its Benefits Insurance Program and provide timely reports to the DTA that clearly reOect tbe status of the Program. ~ :lJ..-,... 1'\(5 0 ~ UJ... rnA·M.t1 ,'l1 1\Wl"'M:41 ~ ()-oV\ . 2. The MCSD should augment its efforts to communicatetnancial transactions witbin the Benefits Insurance Program in a manner that can be easily understood b~certificatedemployees. -#.A-
F2:
The MCSD should augment its efforts to communicate financial transactions within the Benefits Insurance Program in a manner that can be easily understood by certificated employees. the
F3:
The MCSD should give serious consideration to the DTA's request for the establishmentofa Trust Fund for specific purpose of compartmentalizing all financial transactions related to the Employee Benefits Insurance Program.
* This report's PDF did not contain easily extractable text and required Optical Character Recognition (OCR) for analysis. There may be minor errors in the extracted findings and recommendations due to OCR limitations with scanned documents.