Mendocino County Grand Jury • 2016-2017

Mendocino Coast Recreation and Parks District and Their Field of Dreams

Published: June 27, 2017 15 pages
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Findings and 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)