Orange County Grand Jury
• 2006-2007
• Agency Response
County Disciplinary Procedures for Elected Officials?"*
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings and Recommendations 1 findings
F1
Published Procedures to Investigate Misconduct: Other than Penal Code section 919c which grants the Grand Jury the authority to inquire into willful or corrupt misconduct by public officers, there are no authorized published procedures by the county or agencies to investigate non-EEO misconduct by an elected official that does not rise to the level of willful or corrupt. Response: The Board of Supervisors, Assessor, Auditor-Controller, County Clerk- Recorder, Public Administrator, Sheriff-Coroner, and Treasurer-Tax Collector disagree wholly with this finding. It is unclear what type of misconduct the Grand Jury means by non-EEO misconduct that does not rise to the level of willful or corrupt. The examples provided by the Grand Jury of possible non-EEO misconduct to be investigated (malfeasance, bribery, theft and fraud) are types of misconduct that rise to the level of willful and corrupt. The County through its Internal Audit Department has generated and implemented written procedures to review such misconduct and other forms of malfeasance. As part of its procedures for reviewing alleged misconduct involving bribery, theft, fraud, and misuse of County resources, the Internal Audit Department has established a Hotline accessible by telephone or through the internet (the telephone number is (714) 834-3608 and the website is http://www.ocgov.com/audit/fraud.asp). Response to the Recommendation(s)
Related Recommendations (1)
R1
Generate and Implement Procedures: Each Agency should generate and implement a set of procedures to facilitate an investigation of any non-EEO misconduct that does not rise to the level of willful or corrupt claim against its own elected official in Orange County. Response: The Board of Supervisors, Assessor, Auditor-Controller, County Clerk- Recorder, Public Administrator, Sheriff-Coroner, and Treasurer-Tax Collector decline to implement the recommendation because it is not warranted and it is not reasonable. As stated in the Response to Findings section, it is unclear what the Grand Jury means by non-EEO misconduct that does not rise to the level of willful or corrupt. Furthermore, as stated in the Response to Findings section, the County through its Internal Audit Department has generated and implemented procedures to review non-EEO misconduct cited by the Grand Jury such as fraud, theft, and bribery. Finally, statutory and case laws have limited the supervision of elected officials when performing their official functions.
* 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.