📋

Extracted from Consolidated Report

This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.

El Dorado County Grand Jury • 2009-2010

EI Dorado County Grand Jury 2009-2010 Report

Published: June 30, 2010 109 pages Consolidated Report

View PDF View Full Original

⚠️ 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 22 findings

A Vote by Mail program will save EI Dorado County significant amounts of budget funds each year.

A Vote by Mail program will likely increase the voter turnout in the county.

A Vote by Mail program will not increase the likelihood of voter fraud.

The City’s government employs a notable number of married couples and family members among its employees, commission members, and elected officials. Some of the related employees are in positions of significant influence. Although the policy relating to nepotism does not seem to have been violated, the existence of these close relationships has resulted in an atmosphere where many employees are afraid to discuss operational problems in the City. They are concerned that their observations might be viewed as criticism of family members. In testimony received, there is “angst” by City employees who believe, that employees who have spoken about problems within City government have ended up on “layoff lists”. This fear is so pervasive that some witnesses requested assurance, when they appeared before the Grand Jury, that members of the Grand Jury were not related to officers and employees of the South Lake Tahoe City government before they testified.

City Council members and City officials have varying degrees of understanding and openly disagree with the Brown Act. Although bound by the laws of the State of California to obey the same, some violate them on a regular basis. For example: a. More than one Council member or City staff member erroneously has reported Brown Act violations by City officials. b. One Council member has publicly and frequently expressed disdain for the Brown Act and has often been identified as the source of improper disclosures about confidential matters within City government. This Council member also disclosed information which was discussed in closed session by the City Council. c. Closed sessions are reserved for discussions of confidential and sensitive information. Disclosures of information from closed sessions could have detrimental consequences for the City. When information about this disclosure was obtained by the other members of the City Council, they failed to take the appropriate corrective action by censuring or officially reprimanding the offending City Council member. d. The instructor selected by the City of South Lake Tahoe gave ethics training to Council members with only cursory information about the Brown Act, and appeared to have limited knowledge about the Act.

A City Council member filed a complaint with the Grand Jury that the City Manager was operating without authority and not doing his job. The Council member also made these remarks in public. The Grand Jury received testimony and found these accusations without merit and misleading. The City Council hires and supervises the City Manager and apparently was unwilling to conduct its own investigation to address these accusations. Instead, the Council attempted to use the Grand Jury as its tool to correct a situation that was completely within their jurisdiction.

Testimony supports that City officers and employees at times operate using accepted historical practices that conflict with official written policy. This has resulted in misunderstandings, contentious City Council meetings, and a public impression that the City’s government operates outside the law. These misconceptions could expose the City to lawsuits. a. A member of the City Council requested reimbursement for legal fees paid to an outside law firm. The legal advice consisted of a legal opinion and preparation of a letter to the Fair Political Practices Commission. No contract had been signed and the City Council had not approved the expenditure in advance. The City Manager stated that he gave verbal approval for the expenditure. California State Law clearly states that government contracts for payment may not be backdated. All unusual expenditures should be approved in open session. The City’s Purchasing Policy and Procedure Manual calls for the presence of written contracts when professional services are sought, and makes no provision for payment and reimbursement absent the presence of a contract.

The Board of Supervisors' decisions regarding the selection of the location for the Animal Control Shelter and the method of construction were strongly influenced by one Supervisor. According to authoritative sources with direct knowledge, that Supervisor "drove the bus". Nonetheless, all members of the Board of Supervisors share responsibility for approving the purchase.

The Board of Supervisors failed to make diligent inquiries into the usability of the entire 10-acre parcel, failed to ask important questions about the costs of improvements specified in the purchase agreement, and failed to negotiate a fair cost- sharing agreement with the Sellers for the costs of the improvements.

F10

The Department of General Services, and the CAO, failed to provide the Board of Supervisors with all pertinent information concerning the costs of the improvements to be made by the County as described in the purchase agreement for the 10-acre parcel.

F11

The County Counsel's office, who prepared the purchase agreement for the 10- acre parcel, made a glaring omission by neglecting to insert an "escape clause" that would permit the County to avoid making the specified improvements if the Animal Control Shelter were not actually constructed on the l C-acre parcel. Even if the County received a lower price for the 10-acre parcel because it agreed to build the road and make other improvements, any difference in price did not justify the County being left "holding the bag" or having a costly contractual obligation for the required improvements.

F12

It was determined that an employee was allowed to reside for years on GVFPD property at no cost and without a written agreement containing health, safety, tax and other appropriate provisions. This presents a potential liability to the District and its taxpayers.

F13

A more cohesive and better coordinated system of governance for the County could result in a certain number of positions needed to oversee a wider scope of service delivery across all departments. Appropriate promotional opportunities would likely exist to provide a higher level of managerial expertise in administering a more diverse and skilled group of administrative personnel. This would also present more opportunity for cross-training of administrative staff. Rather than maintaining the current non-system of departmental silos, a flatter and more systemic County- wide administrative structure could provide more meaningful opportunities for advancement. It should be noted that the County has a relatively high proportion of elected officeholders directing a number of County offices or departments. For example, El Dorado County is the only county in California with an elected surveyor. The departments or offices directed by elected officials are often described as relatively independent entities. While these officeholders are certainly accountable to the voters, they can be less responsive to any higher administrative or managerial authority. Still, as was pointed out by a prominent source interviewed for this investigation, “Even elected officials experience financial pressures.”

F14

Significant questions need to be asked about just what services and functions are improved by virtue of the fact that these officials are elected. They are, in fact, mostly beholden to fulfillment of mandated responsibilities under the laws of the State of California, whether elected or not. Nevertheless, it should be emphasized that recent efforts have been made to diminish administrative overhead and realize a greater level of efficiency. Examples include:  Though somewhat controversial, a significant consolidation and merger of the former Department of General Services within the larger Department of Transportation. This affected far more than just administrative services personnel and functions;  There is consideration being given to the formation of a Public Works Department that would include the Departments of Transportation, Environmental Management, and elements of the Office of Surveyor;  Consideration is being given to the partial consolidation of administrative services of the Sheriff, District Attorney, and Public Defender’s Office. A Law and Justice Working Group will likely be assessing just how such a consolidation of services could be implemented;  A merger of the Veterans Service Office with the County Elections Office/Recorder Clerk has, in fact, recently been implemented;  There has been a recent consolidation of the Department of Agriculture and Weights and Measures Office;  It is recognized that considerable potential benefits could be obtained through a greater level of co-location of County offices and diminishment of leased space;  Other initiatives, perhaps most notably a higher and better utilization of access to online or Internet-based services, is underway. An example includes automated business license functions that provide more convenience to the public at less cost;  Various other approaches to a greater level of organizational consolidation are being actively considered. These consolidations, mergers, and generally greater focus on functions serving the public, are clearly centered on identifying and compartmentalizing related or similar services. In the absence of a more directed, purposeful, and cohesive vision of how the County government should be organized and structured to minimize administrative overhead and maximize service to the public, various minor, incremental, and lengthy approaches will prevail. Retirements, for example, generally present challenges to the old way of doing business and can present genuine opportunities for making changes. Job specifications, those broadly based descriptions that provide enough information to classify positions for rank, pay, and benefits, are generally the first level of documentation referenced to begin to determine what type of work employees perform. Actual job descriptions that include a listing of specific responsibilities and duties performed by an employee are the next level of documentation to be referenced when determining what services are performed by which employees. Without such current documentation, some sort of job audit must be performed to identify this key information. Lacking such documentation, it becomes virtually impossible to identify and facilitate a consolidation of administrative service duties and responsibilities. Competent and objective performance evaluations of employees are difficult to complete without current job information describing what job responsibilities and duties exist.

F15

This investigation revealed that there is very little centralized knowledge or objective information (meaning first-hand information outside of the department itself) about just what administrative services personnel in County departments actually do in performing their jobs. For example, it was revealed that approximately 15 separate County departments have a significant number of personnel performing information technology jobs. But it is not known “…what these people are doing.”

F16

Testimony from a number of reliable and knowledgeable sources demonstrated that, while job specifications often existed, current job descriptions in County government are “virtually non-existent.”

F17

It will, therefore, be necessary to identify what services are performed by administrative services personnel in departments to determine the potential for administrative services consolidation. Specific functions performed and the extent or frequency of workload activity become key determinants of what service functions and personnel may be candidates for greater consolidation efforts. This information is also critical for cross-training purposes. There are a number of approaches and options to achieve a beneficial consolidation of administrative services.  County departments can be grouped into broad categories of service functions. These include, for example, Law Enforcement and Justice, Land Use and Developmental Services, Health and Human Services, and General Government agencies. A system of several key agencies, each containing departments with like or similar functions, could be organized. Administrative services for these key agencies could be consolidated. County government could become more manageable, cohesive, and service or mission-oriented.  Another basic approach could involve identifying those departmental missions and service functions that are the most closely related, and consolidating the administrative services function of those departments or offices. The CAO has, in fact, started this process with respect to the previously mentioned Law and Justice Working Group.  Administrative services staff could be organized along more functional lines across County departments. For example, those staff performing personnel classification and/or transactions could become more cohesive and concentrated. Fiscal analysis and management staff could be similarly consolidated or grouped to perform those services.  Yet another approach worthy of examination could be a greater consolidation of fiscal and budgeting services. This could be accomplished by having a single fiscal officer for each group of closely related departments with similar functions.  Still another approach would be to establish Assistant or Deputy CAO positions over departments providing like or similar functions or services. Though this would lessen the benefits of potential cost savings, it could easily result in other cost savings achieved through greater coordination, efficiency, and enhancement of service levels. The effective use of information technologies is at the core of many attempts to develop management information and enhance service levels.

F18

During the course of this investigation, it became clear that El Dorado County is in urgent need of updating and modernizing its “legacy systems” of information technology. These key systems are foundational in their critical importance.

F19

The three primary information technology systems are dedicated to financial management, personnel payroll, and property tax administration. A prominent County official described the Personnel Payroll System as “antiquated.” The current Property Tax System was described as “homegrown.”

F20

The need to update and modernize these foundational systems was often cited as the kind of effort needed to make County administrative services more efficient and cost-effective. The need was cited as yet another example of how County administrative services, and information technology systems in particular, should become more enterprise or functionally-oriented across departments rather than solely devoted to and functioning within individual departments.

F21

Cost estimates to modernize these key administrative systems varied from a low of $6 million to a high of $30 million. The initial estimate for necessary consulting to affect needed changes ranges upward of $100,000.

F22

These three key legacy systems, now over twenty years old (numerous generations in the information technology field), are now so dated that it is fast becoming difficult to find people with the expertise to operate them. With an increasing number of impending retirements of qualified personnel, and with maintenance of such systems becoming a very real issue, the County will have to make some key decisions in the very near future. One of those decisions should be whether some type of financial reserve or enterprise fund might be advisable to help cushion the now unavoidable financial impact of converting to more cost-efficient and workable systems. The need to update these key administrative service and information technology systems is very real and becoming quite urgent. Such an effort is integral to the needed modernization of County government. It will not be sufficient to rely on modernizing these systems alone to make the necessary improvements in how administrative services are provided in El Dorado County. This investigation made abundantly clear that there is a wealth of opportunity in further pursuing the consolidation of administrative services throughout County government.

Recommendations 8

R1

The recommendation has been implemented, with a summary regarding the implemented action.
R2

The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation.*
R3

The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of an agency of department being investigated or reviewed. This timeframe shall not exceed six months from the date of publication of the grand jury report. **
R4

The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefore. * The time frame needs to be specific and reasonable. ** At the conclusion of this analysis, the recommendation must be responded to as required by items 1, 2, or 4. ii RESPONSE: TIME, WHERE, AND TO WHOM The Penal Code identifies two different response times, depending upon the classification of the respondent (see below), and includes where and to whom the response is directed. Day one begins with the date of the report.
R5

Each County Department should designate a supervisor as the point of contact for employee complaints of uncomfortable temperatures, so that the supervisor can determine whether BOS Policy A-18 is being complied with, and if not, communicate the problem to appropriate maintenance personnel. RESPONSES Responses to both numbered findings and recommendations in this report are required in accordance with California Penal Code §933 and §933.05. Address responses to: The Honorable Suzanne N. Kingsbury, Presiding Judge of the E1 Dorado County Superior Court, 1354 Johnson Blvd., South Lake Tahoe, CA 96150. ACKNOWLEDGEMENT The County Department of Transportation should be recognized for applying for the $812,423 Energy Efficiency and Conservation Block Grant program which is funded through the American Recovery and Reinvestment Act (Federal stimulus dollars). Facilities Inspected:  Boiler Room, Building B, El Dorado County Government Center, Placerville, California  Control Room, Building 3, 2850 Fairlane Court, Placerville, California  County-leased facility at 3057 Briw Road, Placerville, California  EI Dorado County Library, Placerville, California Interviews Conducted:  Building Maintenance personnel  Building Operations Supervisor  Capital Group, Executive  Citizen complainant  Deputy Director, Facilities Engineering, DOT Documents Reviewed:  California Energy Commission letter dated August 3, 2009, to the EI Dorado County Supervisors inviting the County to apply for $812,423 in federal stimulus dollars (American Recovery and Reinvestment Act money)  Department of Transportation's Response to Grand Jury Inquiry of November 30,2009, containing: a. Description of all energy audits that have been performed within the past five years; b. Description of all plans for replacing inefficient heating, ventilation, air conditioning (HV AC) and lighting equipment; c. Description of County Master Plan, Capital Improvement Fund, etc.; d. Reports of power consumption by each EI Dorado County facility; e. Report of all funds received from the Federal and State Governments for increasing energy efficiencies; f. Report of all plans for spending federal and state monies for increased energy efficiencies; g. Information on the annual expenses for electricity, propane and natural gas for HV AC and lighting for all facilities under the jurisdiction of the County government.  EI Dorado County Board of Supervisors Agenda Item dated August 11, 2009, approving letter for support for the Lake Tahoe Green Energy District.
R6

City employees, starting with City Council members and senior City officials, should receive mandatory training in ethics, sexual harassment, and confidentiality, with emphasis on the Brown Act. The City should consider training from sources other than those used in the past.
R7

City officials must find a way to assure that the City adheres to written policies and procedures, and does not allow itself to “cut corners” by using historically accepted practices that violate written policies. Senior City officials and Council members should receive mandatory annual training on policies and procedures. Enforcing adherence to this might require establishment of an Ombudsman or Inspector General position. CONCLUSION The City Council, in its reports, procedures and by evidence received by the Grand Jury, points to a severely handicapped organization that needs major changes. The 2009-2010 Grand Jury has recommended to the County Supervisor for District V, that the City of South Lake Tahoe needs a “Management and Procedural Review” to be conducted by an independent consultant. The consultant should make their report to the District Attorney for possible legal action. This Grand Jury is of the opinion that an accusation for malfeasance or nonfeasance by this City Council may be appropriate after the study is concluded. The Grand Jury only touched the “tip of the iceberg” in its investigation and recommends that the citizens of South Lake Tahoe get involved with their City government. It is up to the citizens to establish the kind of governance they desire, to exercise their democratic right to vote, and get a City government that works for the common good and in an efficient manner for its citizens. RESPONSES Responses to both findings and recommendations in this report are required in accordance with California Penal Code §933 and §933.05. Address responses to: The Honorable Suzanne N. Kingsbury, Presiding Judge of the El Dorado County Superior Court, 1354 Johnson Blvd., South Lake Tahoe, CA 96150. -009 REASON FOR REPORT California Penal Code §919(a) and §919(b) require that grand juries annually inspect any jail, prison, or juvenile detention facility within their respective counties.
R8

District personnel and the El Dorado County Auditor/Controller's Office should improve their communication on financial issues. RESPONSES Response(s) to Findings and Recommendations in this report are required in accordance with California Penal Code §933.05. Address response(s) to: The Honorable Suzanne N. Kingsbury, Presiding Judge of the El Dorado County Superior Court, 1354 Johnson Boulevard, South Lake Tahoe, CA 96150. CLOSING REMARKS In recent years, the Garden Valley Fire Protection District has undergone intensive public and legal scrutiny. The Board of Directors cannot publicly comment on ongoing personnel investigations and litigation, so they are an easy target for criticism. The majority of the criticism rests with actions and inactions that had occurred prior to the current Board of Directors and Fire Chief. The Grand Jury found the Board of Directors, Fire Chief, and senior management to be extremely cooperative with all our requests for documentary evidence and interviews. The current administration has actively dealt with employee issues. They have improved the emergency response for the District from Basic Life Support to Advanced Life Support. The Board of Directors, Fire Chief, and senior management appear to be taking the District in the right direction, but need to keep their momentum moving forward. -019 REASON FOR REPORT The Grand Jury became aware of significant issues regarding Board of Supervisors Policy B-2 and the fee waiver process (see attachment). There was concern over the potential for significant lost revenue to the County and the equity of notification to all applicants about the availability of fee waivers.

Conclusions 1

CL1

The City Council, in its reports, procedures and by evidence received by the Grand Jury, points to a severely handicapped organization that needs major changes. The 2009-2010 Grand Jury has recommended to the County Supervisor for District V, that the City of South Lake Tahoe needs a “Management and Procedural Review” to be conducted by an independent consultant. The consultant should make their report to the District Attorney for possible legal action. This Grand Jury is of the opinion that an accusation for malfeasance or nonfeasance by this City Council may be appropriate after the study is concluded. The Grand Jury only touched the “tip of the iceberg” in its investigation and recommends that the citizens of South Lake Tahoe get involved with their City government. It is up to the citizens to establish the kind of governance they desire, to exercise their democratic right to vote, and get a City government that works for the common good and in an efficient manner for its citizens. RESPONSES Responses to both findings and recommendations in this report are required in accordance with California Penal Code §933 and §933.05. Address responses to: The Honorable Suzanne N. Kingsbury, Presiding Judge of the El Dorado County Superior Court, 1354 Johnson Blvd., South Lake Tahoe, CA 96150. EL DORADO COUNTY GRAND JURY 2009-2010 EL DORADO COUNTY JUVENILE HALL Case No. GJ 09-009 REASON FOR REPORT California Penal Code §919(a) and §919(b) require that grand juries annually inspect any jail, prison, or juvenile detention facility within their respective counties.

Commendations 10

CM1

The Board of Supervisors authorized the purchase of a parcel owned by a friend of one Supervisor;
CM2

The parcel purchased by the County is 10 acres but only about 7 acres are useable;
CM3

The purchase agreement required the County to build a road and water lines at a cost of approximately $1.5 million to reach the landlocked 10-acre parcel;
CM4

The road and water lines will enhance the surrounding privately-owned parcels, but the County will not be reimbursed for any of the cost;
CM5

The Board of Supervisors insisted on a concrete tilt-up design; however, this is not the most cost effective construction for this location.
CM6

The 2009-2010 EI Dorado County Grand Jury commends the EI Dorado County Registrar of Voters for his plans to save County budget funds and to take action to secure the accuracy of all ballots cast. EL DORADO COUNTY GRAND JURY 2009-2010 CITY OF SOUTH LAKE TAHOE CITY COUNCIL Case No. GJ 09-008 REASON FOR REPORT A Grand Jury investigation originated from a complaint by a local union official that there had been violations of California State law including the Ralph M. Brown Act, and local City and county ordinances. It was alleged that the violations had been committed by a member or members of the City Council of the City of South Lake Tahoe. The complaint related to the release of confidential personnel information. Specifically, during the hiring process for a new City Attorney, local news media outlets reported that two members of the City Attorney’s staff had not passed the California State Bar examination. The information was believed to have come from members of the City Council, and possibly from closed sessions of City Council meetings. As the investigation into the violations progressed, the Grand Jury became aware of additional issues. It was stated that breaches of confidentiality affected the conduct and fiduciary functions of the City Council, compromising its ability to govern.
CM7

The current CAO and staff are to be commended for efforts taken to-date toward greater consolidation of administrative service functions throughout County government. EL DORADO COUNTY GRAND JURY 2009-2010 REVIEW OF PUBLIC GUARDIAN AND PUBLIC ADMINISTRATOR Case No. GJ 09-023 REASON FOR REPORT The Orange County Grand Jury requested assistance from this Grand Jury securing legislation that would require all county grand juries to conduct an annual review of the offices of Public Administrator and Public Guardian. Specifically, they requested we review their report and send letters requesting passage of this legislation to our state senator and assemblyman.
CM8

The 2009-2010 El Dorado County Grand Jury commends the South Lake Tahoe Jail administration and staff for their dedication in providing a safe and secure custodial environment. The number and variety of available programs, especially the Culinary Arts program, have a proven record of success. EL DORADO COUNTY GRAND JURY 2009-2010 SOUTH LAKE TAHOE JUVENILE TREATMENT CENTER Case No. GJ 09-026 REASON FOR REPORT The California Penal Code §919(a) and §919(b) charges the Grand Jury to annually inspect correctional institutions that operate within the county.
CM9

The 2009-2010 El Dorado Grand Jury commends the staff of the South Lake Tahoe Juvenile Treatment Center, the El Dorado Probation Department, and the El Dorado Office of Education for their outstanding advocacy and rehabilitation programs for at-risk youth. EL DORADO COUNTY GRAND JURY 2009-2010 HAPPY HOMESTEAD CEMETERY DISTRICT PAYMENT FOR TEMPORARY PERSONNEL Case No. GJ 09-028 REASON FOR REPORT A complaint was received from the El Dorado County Auditor/Controller concerning claims submitted by the Happy Homestead Cemetery District (HHCD) for temporary employment services. Two issues were presented by the complainant. The first issue involves a retroactive charge in the amount of $2,272 for a temporary office worker. The second issue concerns a $3,000 settlement agreement proposed by the employment agency to settle potential legal claims.
CM10

The 2009-2010 El Dorado County Grand Jury commends the Growlersburg Conservation Camp and its leadership teams for providing:  Excellent inmate training in firefighting;  Significant assistance in fighting forest fires throughout California;  Meaningful maintenance assistance to local districts and agencies;  Working and living conditions for inmates to improve themselves and return to productive lives.

No Responses Found 1

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

El Dorado County County