Modoc County Grand Jury
2007-2008
Findings & Recommendations
14 findings
F1:
MCS determined in August of 2005 that it had not expended enough on instruction to satisfy the 80% requirement. The attempted remedy was to issue supplemental payrolls. The interim director stated that this was a common occurrence in school accounting systems; however, this was contradicted by Charter School department head in Sacramento who stated that supplemental payrolls were not a common occurrence.
F2:
Board policies and procedures were not followed. The matter of supplemental payrolls was not brought before the board of directors for approval until after the fact. Required two signatures procedure on checks was not followed.
Related Recommendations (1)
R6:
Because this investigation is Incomplete the grand jury highly recommends the 2008 – 2009 grand continue the review. FORMAL RESPONSE REQUIRED Modoc County Sheriff (recommendation #1, finding #2) Fire Protection District Board of Directors (recommendation #2, findings #2 and 4) and (recommendations #3 and 4, finding #3) Adin, Alturas Rural, Canby, Cedarville, Davis Creek, Eagleville, Ft. Bidwell, Likely, Lookout, New Pine Creek/Willow Ranch, Tulelake Multi-County Modoc County Board of Supervisors (recommendation #5, finding #5) Responses submitted following publication of the report to Superior Court Judge Francis W. Barclay pursuant to Penal Code 933 c found in the end of the final report (notice to respondents). .
F3:
The MJUSD representative on the MCS Board of Directors did not provide adequate oversight regarding fiscal and legal responsibilities.
Related Recommendations (1)
R6:
Because this investigation is Incomplete the grand jury highly recommends the 2008 – 2009 grand continue the review. FORMAL RESPONSE REQUIRED Modoc County Sheriff (recommendation #1, finding #2) Fire Protection District Board of Directors (recommendation #2, findings #2 and 4) and (recommendations #3 and 4, finding #3) Adin, Alturas Rural, Canby, Cedarville, Davis Creek, Eagleville, Ft. Bidwell, Likely, Lookout, New Pine Creek/Willow Ranch, Tulelake Multi-County Modoc County Board of Supervisors (recommendation #5, finding #5) Responses submitted following publication of the report to Superior Court Judge Francis W. Barclay pursuant to Penal Code 933 c found in the end of the final report (notice to respondents). .
F4:
In reviewing documentation for petty cash bank account, warrants for checks drawn on that account were found for employees’ utility bills and house payments.
F5:
Grand jury felt it had discovered possible criminal activity and turned the matter over to the Modoc County District Attorney. The district attorney agreed that the matter required further follow-up, but due to inadequate investigative resources, recommended that the grand jury issue recommendations to correct deficiencies. 8
Related Recommendations (1)
R6:
Because this investigation is Incomplete the grand jury highly recommends the 2008 – 2009 grand continue the review. FORMAL RESPONSE REQUIRED Modoc County Sheriff (recommendation #1, finding #2) Fire Protection District Board of Directors (recommendation #2, findings #2 and 4) and (recommendations #3 and 4, finding #3) Adin, Alturas Rural, Canby, Cedarville, Davis Creek, Eagleville, Ft. Bidwell, Likely, Lookout, New Pine Creek/Willow Ranch, Tulelake Multi-County Modoc County Board of Supervisors (recommendation #5, finding #5) Responses submitted following publication of the report to Superior Court Judge Francis W. Barclay pursuant to Penal Code 933 c found in the end of the final report (notice to respondents). .
F6:
The evidence locker was neat and orderly.
Related Recommendations (1)
R1:
Fund safety and security measures for the department. • There is no observation camera in the holding area, and there is not a “Panic Button” for staff to use in an emergency. Modoc County District Attorney’s Office
F7:
The Chief stated the city has one animal control officer.
F8:
All parties interviewed have a great desire for MMC to succeed.
F9:
Having a permanent qualified CEO should improve employee morale.
F10:
In order to comply with the requirements of an acute care and/or critical access hospital, the ER is now being covered by four rotating doctors under contract which will ensure that the ER will be covered adequately.
F11:
A large portion of the hospital debt that is being reported consists of interest being charged by the county which continues to compound monthly. Although the debt is increasing, both the county CAO and the hospital CEO indicate that MMC hopes to considerably improve its financial status by December 2008.
F12:
The goal of the business office is to have a 60 day turn around on accounts receivables.
F13:
The critical access application has been completed and sent to the state.
F14:
The community appears to be more involved in trying to ensure the continuation of the hospital. Numerous grass roots groups have been formed.
Additional Recommendations
4
Not linked to specific findings.
R2:
Accusations - Formal written complaints accusing a government official or employee of misconduct. (Conviction would result in removal from office/duties rather than criminal penalties.)
R3:
Indictments - Formally charging a person with a crime. Under its review authority, the Grand Jury is specifically authorized to: • Inspect and audit local entity records, insuring proper and legal accountings of public record. • Investigate and report on performance of special districts or commissions. • Evaluate conditions of jails and detention centers within the county. • Investigate charges of misconduct by public officials or employees. • Investigate and report on "questionable practices" of such agencies or officials. • Request subpoenas. The Grand Jury also receives complaints from citizens alleging mistreatment by officials, suspicions of misconduct, or government inefficiencies. While keeping all complaints confidential, each is acknowledged and considered by the panel. Those accepted under Grand Jury jurisdiction are investigated carefully before any action is taken. Modoc County Grand Jury Activity Report The following is a list of 2007 – 2008 grand jury activities. • Held 14 official meetings of the full grand jury (per diem/mileage claimed) • Held more than 36 committee meetings (volunteer time) • Traveled 5,000 miles to attend committee meetings and conduct interviews (volunteer mileage) • Completed 16 hours formal training and 2 hours informal training • Received 11 citizen complaints (multiple citizens regarding 1 issue) Investigated 5 Referred 1 to District Attorney Referred 0 to other counties Declined 4 Referred 1 to the Modoc County Sheriff • Met with complainants and others • Toured local government facilities • Reviewed 6 local government agencies • Reviewed 11 Special Districts and 1 State facility • Issued 1 final report • Revised the Modoc County Grand Jury Procedures Manual • Reviewed budgets and financial statements of the City of Alturas, Modoc County, Modoc Medical Center, Charter School, Special Districts, Surprise Valley District Hospital • Mailed 20 letters of request for information • Mailed 6 certified 2nd letters of request for information; Alturas Rural Fire Protection District refused the letter • Requested two subpoenas • Reviewed responses to recommendations in the 2006 – 2007 grand jury final report; Noted Modoc County Board of Supervisors did not respond • Grand jury budgeted $10,500 by Board of Supervisors: publication, mileage & per diem for official meetings, training, office supplies 6 REPORT TO THE MODOC COUNTY BOARD OF SUPERVISORS Penal Code 928, the grand jury shall investigate and report upon the needs of all county officers. A copy of the report will be given to each member of the Board of Supervisors. NEEDS OF COUNTY OFFICES Modoc County Probation Department
R4:
Vacancies should be adequately advertised as per California law, and interim appointments should be publicized and subjected to the electoral process.
R5:
The BOS provide oversight for the county funds collected and expended for the fire protection districts.