2018 County of Inyo Grand Jury Report*

R1

All Districts review budget tracking and long-term planning for future expenses. Olancha Community Services District should establish reserve funds to avoid the need of a temporary loan from the county.

R2

All Districts periodically review the Brown Act. Big Pine Fire Protection District review the closed session agenda requirements of the Brown Act.

R3

All Districts are recommended to visit the IRS website https://www.irs.gov/newsroom/understanding-employee-vs-contractor-designation.

R4

All districts use more expansive outreach that includes newspaper, radio, mailings, and the internet to improve resident participation. Responses Pursuant to Penal Code section 933.05 the following response is required: Olancha Community Services District: R1

R5

Reports to the court be filed when due at least every 2 years.

R6

A system of oversight to insure timely filings needs to be created and implemented.

R7

A system of oversight be created to be sure that the Public Guardian always petitions the Court for the fees to which it is reasonably entitled under the law.

R8

When the Public Guardian in its discretion decides to apply to the Court for lesser or greater amounts than called for by the Public Guardian Fee Schedule, the Guardian should explain in the Petition for fees, which is a public document, why it is not seeking the amount supported by the Court Ordered Fee Schedule.

R9

To be sure there is some oversight on behalf of the Inyo County taxpayers, now and in the future, copies of all conservatorship accountings be provided both to the County Administrator Budget Analyst and to the County Auditor's Office at the time of filing the Accountings with the Court at the latest and preferably 10 days before filing the Accounting with the Court so that those offices may confer with the Public Guardians office or appear in Court if the interest of the County Taxpayers does not appear to be properly served by the fees requested in the Petition to the Court.

R10

The County work with the Public Guardian to assure adequate levels of record keeping and fee calculations and to reasonably compensate the County for the Public Guardians services whether by use of software, personnel or other County office assistance in calculating and processing those fees. Pursuant to Penal Code section 933.05 the following response is required: Public Guardian as to all Findings and all Recommendations. County Counsel's Office as to Findings 4,5,6,8,9,11,13,14 and 15 and all Recommendations. County Administrator's Office, as to Findings 2,3,6,8,13,14 and 15 and Recommendations 1,2,4,5,6,7,8, 9 and 10. County Auditor's Office as to Findings 6,8,13, 14 and 15 and Recommendations 1,2,4,5,6,7,8, 9 and 10. Inyo County Board of Supervisors as to all Findings and Recommendations. Postscript to Report On June 2, a few days after representatives of the County Counsel's Office were interviewed by members of the Grand Jury, possibly as a result of what we considered to be a confidential interview, we received a new ORDER ESTABLISHING PUBLIC GUARDIAN FEES signed May 29, 2018, signed by outgoing Judge Dean Stout. A copy is attached to this report as Exhibit 2. We do not have the time to fully analyze and comment on the new fee schedule. We note that the new schedule is even more dependent on time keeping than the previous two fee schedules which is remarkable in that the Public Guardian's office has not kept time records in recent years and has stated that it has not had the time or personnel to do so. We do not know if any consideration was given to the taxpayers before the new schedule was suddenly adopted. Most importantly, it has not been the purpose of this Grand jury to recommend a new fee schedule. Our purpose has been to recommend that the Public Guardian follow whatever fee schedule is in effect to seek reasonable fees for the benefit of the Inyo County tax payers when the conservatorship estates have sufficient assets to pay fees. It is also our purpose to recommend that when the fee schedule is not being followed, an explanation for the departure be in the petition for fees. Finally, it has been our purpose to recommend a system of oversight as to Public Guardian fee requests by someone who has at heart the interest of County and its taxpayers. Exhibit 1 - 1 Inyo County Superior Court 168 North Edwards Street 2 Post Office Drawer U Independence, California 93526 3 Tel: (760) 878-0218 FILEU 4 JUL 13 2001 5 NAMEY A MONLEY GLERK 6 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF INYO 90.00 10 STANDING ORDER NO. 01-003 11 In re the Matter of: 100 12 ORDER ESTABLISHING PUBLIC GUARDIAN FEES 13 INYO COUNTY PUBLIC GUARDIAN FEES 14 80 15 16 Good cause appearing therefore, the Court finds that the fee 17 schedule, attached hereto and incorporated herein by reference as 18 Exhibit "B," are presumptively just and reasonable for services 19 provided by the Inyo County Public Guardian as set forth in the 20 attachment Exhibit "A." 21 Pursuant to Probate Code §§ 2623, 2640, and 2942, the Public 22 Guardian shall petition for not more than these fees for such 23 services. In determining whether fees are just and reasonable for 24 a particular estate, the Court shall, among other factors, take 25 into consideration the actual costs of the services provided, the requested might impose an economic hardship on the estate. This fee schedule shall apply to petitions filed after July 2 15, 2001. This order repeals and supersedes the fee schedule 3 established by the Superior Court and the Public Guardian on March 4 1, 1979. 5 6 7 Dated: July 13, 2001 Dean T. Stout Judge of the Superior Court/ 8 Acting Presiding Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 £ - PUBLIC GUARDIAN SERVICES RENDERED A. Regular Services: 1. Visits to clients at place of residence or placement; visits from clients at Public Guardian's office; Contacts with care providers, family, friends, and others; 3. Telephone calls to clients and from clients; Arrange for transportation to court hearings, placements, medical facilities, residences, other locations; Handle correspondence from or to clients, providers of care, vendors, governmental agencies, private and public sector agencies and persons, and relatives and friends; 6. Manage client mail, including change of addresses at post offices, picking up mail at residences or other locations; forwarding of mail to appropriate locations, and cancellation or maintenance of subscriptions or other items of mail; Application, verification, and maintenance of eligibility for private and public benefits, insurance coverage, Medicare/Med.-Cal, and related tasks, appeals, and administrative hearings; 8. Fiscal case management of income, investments, real and personal property; daily weekly, and monthly budgets, and several miscellaneous financial transactions; 9. Respond to urgent and imminent needs regarding changes in placements, medical attention, fiscal needs, and other emergencies; 10. Assist clients in purchasing needed personal items, clothing, food, etc., and coordinate persons and agencies to provide or help with such services. 11. Consult with county counsel regarding legal issues concerning care, placement, personal or financial protection, and estate planning; Coordination and advocacy with public and private agencies, 12. individuals, and programs regarding issues such as patients rights, facility licensing, criminal matters, civil actions and problems, residence status, pending lawsuits, class action suits, and related matters; 13. Prepare petitions, accountings, and orders; coordinate with County Counsel to have legal documents reviewed and consult with County Counsel on all legal proceedings, and appear at Court Hearings as necessary or as directed; All other regular services required pursuant to Probate Code. B. Extraordinary Services: Investments; Note debt service; Small claims/litigation; 4. Dissolutions;

R11

Consult with county counsel regarding legal issues concerning care, placement, personal or financial protection, and estate planning; Coordination and advocacy with public and private agencies,

R12

individuals, and programs regarding issues such as patients rights, facility licensing, criminal matters, civil actions and problems, residence status, pending lawsuits, class action suits, and related matters;

R13

Prepare petitions, accountings, and orders; coordinate with County Counsel to have legal documents reviewed and consult with County Counsel on all legal proceedings, and appear at Court Hearings as necessary or as directed; All other regular services required pursuant to Probate Code. B. Extraordinary Services:

R14

All other regular services required pursuant to Probate Code. B. EXTRAORDINARY SERVICES: