Score: +10 (10/14/0)

Stanislaus County Grand Jury • 2016-2017

Burbank-Paradise Fire District Board of Directors Dynasty or Democracy? Case #18-06c

Published: July 13, 2017 10 pages

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⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.

Findings and Recommendations 13 findings

The BPFD-BOD is dysfunctional. Board members lack training, leadership skills, and the ability to communicate effectively.

Related Recommendations (1)

LAFCO should consider dissolving BPFD or consolidating it with another district

The lack of written conflict of interest policies and procedures is a frequent issue.

Related Recommendations (1)

BPFD-BOD must conduct public meetings in a professional manner led by the board chair in congruence with the district’s adopted written policies, customary parliamentary procedures, and the Brown Act

Legal fees have depleted the funds available for the district’s core mission.

Related Recommendations (1)

Develop procedures and rules for BPFD-BOD on conducting public meetings by participating in state-approved courses on the Leadership of Special Districts Foundation in California by December 1, 2018. R.4 Develop and implement a conflict of interest policy and procedures to establish expectations of balancing the personal and business interests of BPFD.

No records exist accounting for the cash funds received from the sale of the BPFD fire truck.

Related Recommendations (1)

Develop and implement a conflict of interest policy and procedures to establish expectations of balancing the personal and business interests of BPFD. R5. Retain Financial Disclosure Forms (Form 700) for a minimum of five years to be held at the BPFD office and at the Stanislaus County Election Office by September 1, 2018. R6. Maintain Ethics training certificates for a minimum of three years to be held at BPFD office by August 1, 2018. R7. Establish bylaws requiring new and returning BPFD-BOD to complete biannual training in the Brown Act, Public Records Act (Government Code 1090-1098), and the Political Reform Act (Government Code 87100-87505) by December 1, 2018. R8. The BPFD website should focus on governance information and financial transparency no later than August 1, 2018 by posting:  Regular meeting agendas 72 hours prior to the meeting.  Special meeting agendas 24 hours prior to the meeting.  Emergency meeting agendas one hour prior to the meeting.  Board minutes.  Monthly budget reports.  Financial transaction reports. 7  Annual audit information. R9. Use the BPFD website to provide information about the district to encourage public attendance and participation by September 1, 2018. R10. Encourage public attendance and involvement by clearly posting BPFD-BOD meeting dates, times, agendas, at locations visible to the public by August 1, 2018. R11. BPFD-BOD needs to develop job descriptions and responsibilities for all employees and volunteers by December 1, 2018. R12. Develop a grievance procedure free from the fear of retaliation by January 1, 2019. R13. BPFD-BOD is directed to support the current fire chief and assistant chief by encouraging them to connect with the Stanislaus County Fire Warden’s Office to assist this leadership staff with strategic planning, training, and other support services to effectively manage the district by August 1, 2018. R14. Ensure LAFCO website shows the correct monthly board meeting time and location and update when necessary by September 1, 2018. REQUEST FOR RESPONSES Pursuant to Penal Code section 933.05, the Stanislaus County Civil Grand Jury requests responses as follows: Burbank-Paradise Fire District Board of Directors – Recommendations R2-R13 INVITED RESPONSES BPFD Fire Chief LAFCO Stanislaus County Board of Supervisor BIBLIOGRAPHY CALIFORNIA STATE LAW GOVERNMENT CODE Title 1. General [100-7914] Division 1. Cost Records to be Kept [4000-4007] Division 4. Public Officers and Employees [1000-3599] 8 Chapter 1. General [1000-1241] Article 4. Prohibitions Applicable to Specified Officers [1090- 1099] Division 7. Miscellaneous [6000-7599.2] Chapter 3.5 Inspection of Public Records [6250-6276.48] Article 1. General Provision [6250-6270.5] Title 3. Government of Counties [23000-33205] Division 2. Officers [24000-28085] Part 3. Other Officers [26500-27773] Chapter 4. Auditor [26900-26914] Article 1. Duties Generally [26900-26914] Title 5. Local Agencies [50001-57550] Article 2.4 Ethics Training [53234-53235.2] Division 2. Cities, Counties and other Agencies [53000-55821] Part 1. Power and Duties [53000-54999.7] Chapter 9 Meetings Ralph M. Brown Act [54950-54963] Title 9. Political Reform [81000-91014] Chapter 7. Conflicts of Interest [87100-87505] Article 2. Disclosure [87200-87210] HEALTH & SAFETY CODE Division 12. Fire and Fire Protection [13000-14960] Part 2.7. Fire Protection District Law of 1987 [13800-13970] Chapter 7. Finance [13890-13906] PUBLIC CONTRACT CODE Division 2. General Provisions [1100-22355] Part 3. Contracting by Local Agencies [20100-20928] Chapter 1. Local Agency Public Construction Act [20100-20929] Article 53. Fire Protection Districts [20810-20813]

State funds reimbursing the district for administrative costs for strike teams were improperly paid to an employee.

Related Recommendations (1)

Retain Financial Disclosure Forms (Form 700) for a minimum of five years to be held at the BPFD office and at the Stanislaus County Election Office

Credit cards were left unsecured with no written policy for their use.

Related Recommendations (1)

Maintain Ethics training certificates for a minimum of three years to be held at BPFD office

BPFD-BOD failed to provide financial statements and audit reports.

Related Recommendations (1)

Establish bylaws requiring new and returning BPFD-BOD to complete biannual training in the Brown Act, Public Records Act (Government Code 1090-1098), and the Political Reform Act (Government Code 87100-87505)

BPFD-BOD failed to provide Form 700 Statement of Economic Interests and evidence of ethics training as required by California law.

Related Recommendations (1)

The BPFD website should focus on governance information and financial transparency no later than August 1, 2018 by posting:  Regular meeting agendas 72 hours prior to the meeting.  Special meeting agendas 24 hours prior to the meeting.  Emergency meeting agendas one hour prior to the meeting.  Board minutes.  Monthly budget reports.  Financial transaction reports. 7  Annual audit information.

BPFD-BOD failed to provide board agendas and minutes as required by the Brown Act.

Related Recommendations (1)

Use the BPFD website to provide information about the district to encourage public attendance and participation

F10

Agendas for special meetings were not posted as required by the Brown Act. 6

Related Recommendations (1)

R10

Encourage public attendance and involvement by clearly posting BPFD-BOD meeting dates, times, agendas, at locations visible to the public

F11

BPFD-BOD has no written policies, procedures, or bylaws.

Related Recommendations (1)

R11

BPFD-BOD needs to develop job descriptions and responsibilities for all employees and volunteers

F12

Employees have no job descriptions and therefore have little understanding of what their job responsibilities truly are.

Related Recommendations (1)

R12

Develop a grievance procedure free from the fear of retaliation

F13

BPFD has no grievance procedure for protection against any form of abuse.

Related Recommendations (1)

R13

BPFD-BOD is directed to support the current fire chief and assistant chief by encouraging them to connect with the Stanislaus County Fire Warden’s Office to assist this leadership staff with strategic planning, training, and other support services to effectively manage the district

Additional Recommendations 1

These recommendations are not explicitly linked to specific findings.

R14

Ensure LAFCO website shows the correct monthly board meeting time and location and update when necessary

Agency Responses 6

Government agencies' official responses to this report's findings and recommendations. Click on a response to see the structured breakdown.

Local Agency Formation Commission (LAFCO)

August 22, 2018 • 1 pages View Details ▾

PDF

Local Agency Formation Commission (LAFCO)

June 27, 2018 • 2 pages View Details ▾

PDF

Local Agency Formation Commission (LAFCO)

June 27, 2018 • 2 pages View Details ▾

PDF

Stanislaus Consolidated Fire Protection District

July 12, 2018 • 6 pages • 18 responses • Score: +8 (+8, 10, 0) View Details ▾

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18 responses to findings and recommendations

The BPFD-BOD is dysfunctional. Board members lack training, leadership skills, and the ability to communicate effectively.

Response: Disagree Partially Score: 0

The SCFPD agrees partially with this finding to the extent that the Grand Jury report did not note specific deficiencies for SCFPD except with regard to ethics training compliance. With regard to SCFPD, the District strives to ensure transparency and accountability to its constituents on an everyday basis. However, SCFPD acknowledges that some issues were noted for the District and we have either addressed those issues in the last few months or will do so in the very near future. F2. Many board members are not adequately prepared to assume office. Stanislaus County lacks a standardized governa...

The lack of written conflict of interest policies and procedures is a frequent issue.

Response: Agree Score: +1

above, all new board members to the SCFPD Board are provided a mini-ethics overview by District Counsel. Further, the SCFPD recently undertook a mini-ethics overview at its regular board meetings from January 2018 through May 2018. The SCFPD will seek to continue this practice with potential expansion of topics to include nepotism and parliamentary procedure. 17 1 R3. Certificates of ethics training and Financial Disclosure Form 700 must be on file in each fire district office for five years and at the Stanislaus County Elections Office. Response: The recommendation has been partially impleme...

Legal fees have depleted the funds available for the district’s core mission.

Response: Disagree Partially Score: 0

The SCFPD partially agrees with this finding as some of the board members of SCFPD are appointed by the respective cities in the District's boundaries. F4. The SCCGJ observed that some fire districts perceive that they are accountable to the SCBOS. Conversely the SCBOS has no responsibility beyond appointment of board members. Response: The SCFPD disagrees with this finding. The SCFPD board members are fully aware that they are accountable to the constituents in the District along with the cities within the District. The SCFPD Board strives to include the cities within its District boundaries ...

Response: Implemented

Score: 0

The recommendation has been partially implemented as originals of the Form 700s are kept for 7 years. However, the SCFPD does not currently file the Form 700s with the Stanislaus County Elections Office. The SCFPD will explore making this a new requirement next year when Form 700s are filed. R4. Fire districts are to ensure that meeting times and locations are posted consistently and accurately on district websites and with LAFCO. Response: The recommendation has been implemented. The SCFPD does post its agendas with meeting locations and times consistently on its website and sends those agend...

No records exist accounting for the cash funds received from the sale of the BPFD fire truck.

Response: Disagree Partially Score: 0

The SCFPD disagrees with this finding. The SCFPD board members are fully aware that they are accountable to the constituents in the District along with the cities within the District. The SCFPD Board strives to include the cities within its District boundaries when making critical decisions and did include a representative from each city in its prior selection of a Fire Chief. F5. Citizen participation is lacking at board meetings. Response: The SCFPD partially agrees with this finding. While this might be true for some of the agencies reviewed, citizen participation is encouraged and welcomed...

Response: Implemented

Score: 0

The recommendation has been implemented. The SCFPD does post its agendas with meeting locations and times consistently on its website and sends those agendas by email to LAFCO. R5. The fire districts and the community at large would benefit if the SCBOS would exert oversight of governance training. Response: The SCFPD defers to the SCBOS as to whether it wants to exert oversight of governance training is at its discretion. The SCFPD has taken consistent action to ensure that its actions are compliant with the law, and continues to strive for improvement in all areas. R6. The SCBOS should advis...

State funds reimbursing the district for administrative costs for strike teams were improperly paid to an employee.

Response: Disagree Partially Score: 0

The SCFPD partially agrees with this finding. While this might be true for some of the agencies reviewed, citizen participation is encouraged and welcomed at SCFPD meetings. Although citizen participation can be low at certain SCFPD board meetings, at other meetings, citizen participation has been quite high and the SCFPD welcomes all participation at its board meetings. F6. Most board meetings are not welcoming to citizens. Response: The SCFPD partially agrees with this finding. While this might be true for some of the agencies reviewed, the SCFPD welcomes all participation at its board meeti...

Retain Financial Disclosure Forms (Form 700) for a minimum of five years to be held at the BPFD office and at the Stanislaus County Election Office

Response: Will Implement

Score: +1

The SCFPD defers to the SCBOS as to whether it wants to exert oversight of governance training is at its discretion. The SCFPD has taken consistent action to ensure that its actions are compliant with the law, and continues to strive for improvement in all areas. R6. The SCBOS should advise the forty-two specials districts in Stanislaus County to obtain a copy of this report from the SCCGJ website for informational purposes. Response: The SCFPD defers to the SCBOS as whether it wants to advise the forty-two specials districts in Stanislaus County to obtain a copy of this report from the SCCGJ ...

Credit cards were left unsecured with no written policy for their use.

Response: Disagree Partially Score: 0

The SCFPD partially agrees with this finding. While this might be true for some of the agencies reviewed, the SCFPD welcomes all participation at its board meetings. Further, as noted by the Grand Jury in its report, the structure and formality of the SCFPD meetings were excellent. F7. Many of the district websites lack required information about governance and finances. Response: The SCFPD partially agrees with this finding. As noted in the Grand Jury report, the Grand Jury found SCFPD maintains a website, containing an audit on 6/30/15, a posted budget for 2017, and Board meeting schedules a...

Maintain Ethics training certificates for a minimum of three years to be held at BPFD office

Response: Will Implement

Score: +1

The SCFPD defers to the SCBOS as whether it wants to advise the forty-two specials districts in Stanislaus County to obtain a copy of this report from the SCCGJ website for informational purposes. R7. All fire district boards must comply immediately with the requirements for meeting notices, posting of meeting agendas, publishing of minutes, and financial statements as required by California law. Response: The recommendation has already been implemented. The SCFPD regularly posts meeting notices, agendas, and publishes its minutes in its Board agenda. Further, the SCFPD has financial documents...

BPFD-BOD failed to provide financial statements and audit reports.

Response: Disagree Partially Score: 0

The SCFPD partially agrees with this finding. As noted in the Grand Jury report, the Grand Jury found SCFPD maintains a website, containing an audit on 6/30/15, a posted budget for 2017, and Board meeting schedules and agendas. SCFPD has recently embarked on an update to its website, and concurs with the Grand Jury report that items, such as public documents, agendas, minutes, etc. should be easy to locate and readily available. SCFPD will work to update its website by the end of 2018. F8. No apparent effort exists to increase citizen participation and involvement. Response: The SCFPD partial...

Response: Implemented

Score: 0

BPFD-BOD failed to provide Form 700 Statement of Economic Interests and evidence of ethics training as required by California law.

Response: Disagree Partially Score: 0

The SCFPD partially agrees with this finding. The SCFPD routinely ensures public notice is provided regarding controversial items above and beyond what state law requires. The SCFPD acknowledges it can always do more and will explore ways of ensuring further citizen participation and involvement. F9. The fire districts spend $26 million yearly with little public scrutiny. Response: The SCFPD agrees with this finding to the extent the amount noted is accurate. SCFPD makes a great effort to provide the public with access to all public information and strives to ensure that any questions asked ar...

BPFD-BOD failed to provide board agendas and minutes as required by the Brown Act.

Response: Agree Score: +1

The SCFPD agrees with this finding to the extent the amount noted is accurate. SCFPD makes a great effort to provide the public with access to all public information and strives to ensure that any questions asked are answered timely and accurately. SCFPD is committed to ensuring that the public's trust is earned and valued. F10. While the SCCGJ focused its investigation on independent special fire districts, our findings and recommendations should be of interest to all special districts in Stanislaus County. Response: The SCFPD agrees with this finding. RECOMMENDATIONS R1. All Stanislaus Count...

Use the BPFD website to provide information about the district to encourage public attendance and participation

Response: Will Implement

Score: +1

The recommendation has been partially implemented. The SCFPD agenda clearly details the time and location of its meetings. The agenda is posted at the front of the SCFPD headquarters. Although not specifically identified as an item for SCFPD action, SCFPD will work to place a sign at the front street location, which would direct citizens to the meeting location which is at the rear of SCFPD headquarters. The SCFPD does provide a well-lighted meeting room with adequate seating void of any fumes. R10. Board meeting structure should routinely reflect the basic elements of accepted rules of order ...

F10

Agendas for special meetings were not posted as required by the Brown Act. 6

Response: Agree Score: +1

The SCFPD agrees with this finding. RECOMMENDATIONS R1. All Stanislaus County fire districts boards should adhere to California law. All districts should have a written manual of generally accepted governance policies and procedures. The manual should include policies for nepotism, credit card control, and check signing. The manual should be completed by December 31, 2018 (see appendix). Response: The recommendation has been implemented as noted by the Grand Jury in its report. Specifically, the Grand Jury noted that SCFPD met all benchmarks, as having on file: an organization chart, board mem...

R10

Encourage public attendance and involvement by clearly posting BPFD-BOD meeting dates, times, agendas, at locations visible to the public

Response: Will Implement

Score: +1

The recommendation has already been implemented. As noted in the Grand Jury's report, the structure and formality of the SCFPD meetings were excellent. R11. The districts should utilize local print media to seek candidates for the boards of directors. For example, the Modesto Bee's "Lend a Hand" section announces volunteer opportunities. Response: The recommendation has not yet been implemented, but will be implemented when a future vacancy arises on the Board of Directors. If you have any questions, please contact District Counsel, Christopher Diaz at 925-977-3309. Sincerely. Susan Zanker, Bo...

R11

BPFD-BOD needs to develop job descriptions and responsibilities for all employees and volunteers

Response: Will Implement

Score: +1

The recommendation has not yet been implemented, but will be implemented when a future vacancy arises on the Board of Directors. If you have any questions, please contact District Counsel, Christopher Diaz at 925-977-3309. Sincerely. Susan Zanker, Board President Stanislaus Consolidated Fire Protection District

Stanislaus County Board of Supervisors

July 31, 2018 • 54 pages • 4 responses • Score: +2 (+2, 2, 0) View Details ▾

PDF

4 responses to findings and recommendations

The BPFD-BOD is dysfunctional. Board members lack training, leadership skills, and the ability to communicate effectively.

Response: Disagree Partially Score: 0

Disagrees Wholly Agree w/ Finding Will Implement Agrees Partially mplemented Findings Recommendations Will Not X X F1.

The lack of written conflict of interest policies and procedures is a frequent issue.

Response: Agree Score: +1

The Board of Supervisors agrees with this finding. Commendation: The SCCGJ commends the Auditor-Controller management team for their competent financial management. The Board of Supervisors acknowledges the skilled financial Response: management work of the Auditor-Controller's staff. POLICY ISSUE: The SCCGJ studies and investigates citizen complaints and the operations of selected public agencies, publishing its findings, conclusions, and recommendations at the end of each fiscal year. Agencies or departments, which are the subjects of these investigations, are invited or requested to respond...

Legal fees have depleted the funds available for the district’s core mission.

Response: Agree Score: +1

BPFD-BOD failed to provide Form 700 Statement of Economic Interests and evidence of ethics training as required by California law.

Response: Disagree Partially Score: 0

Disagrees Wholly Agree w/ Finding Agrees Partially Will Implement Recommendations Implemented Findings X F8.

Response from Burbank Paradise Fire Protection District

June 25, 2018 • 3 pages • 3 responses • Score: 0 (+0, 2, 0) View Details ▾

PDF

3 responses to findings and recommendations

Response: Implemented

Score: 0

R.3 our legal counsel has assisted us in coming into compliance with your recommendations, and we now follow all policies and procedures outlined in the Brown Act, and conduct of public meetings. Our board had previously implemented recommendations set forth in R.4 and R.5 all board members have current 700 Forms, as well as all Fire CHIEF: BOARD OF DIRECTORS: Curtis King Peter Golling Evette Andre [email protected] Rodolfo Caro [email protected] Diane Culwell-Caro Burbank Paradise Fire Protection District 1313 Beverly Dr. • Modesto Ca 95351 Office (209) 523-1129 • Fax (209) 523-...

Response: Implemented

Score: 0

R.4 recommendation was implemented as of 10-2017.

Response: Unknown

Score: 0

R.7 on the Brown Act will be completed and in effect prior to August 1 2018 The BPFD website is already made corrections to include the recommended items set forth by R.

No Responses Found 1

Government entities assigned to respond to this report. No response documents have been linked in our database.

Burbank-Paradise Fire Protection District Fire District