2004-05 Final Report

Note: Missing finding numbers detected: F6

Conclusions 41

• CL1 Page 33
  The Plymouth City Administrator, serving at the time, acted as an unofficial Maintenance Supervisor, but was preparing to retire. He stated “I just never felt that I had the time to make the trips and run around and really do an adequate job of checking up on the public works crew.”(Minutes, Plymouth City council, 4/8/04)
• CL2 Page 33
  At the same 4/8/04 Council meeting, the City Administrator recommended hiring a part time Maintenance Supervisor. He stated he 2004-2005 Grand Jury Final Report 19 had spoken to a former Plymouth Ditch and Public Works employee (and former Plymouth Mayor) who was available to take the position.
• CL3 Page 34
  During the same council meeting the Plymouth City council voted to hire the identified person for a three hours per day, five days a week, position as Maintenance Supervisor.
• CL4 Page 34
  The position of Maintenance Supervisor was not advertised in-house or publicly in any newspaper or trade journal.
• CL5 Page 34
  The City of Plymouth’s hiring policies state “In an effort to discover qualified candidates, the City MAY (emphasis added) place advertisements in newspapers and magazines, as well as list the positions with employment agencies, vocational schools, colleges, universities and the Employment Development Department”. (Section 1-The Selection Process, 1.01, Recruitment)
• CL6 Page 34
  Personnel files are sealed to the Grand Jury without subpoena. However, Plymouth City staff report that the City does have, as required, a physical examination and a drug/alcohol screening report for the employee hired, dated 4/14/04.
• CL7 Page 37
  In 2003 the Mayor and at least one other Councilmember negotiated an MSA between the City of Plymouth and the Ikon/Mi-Wok Indian group.
• CL8 Page 37
  The Plymouth City Attorney negotiated a Reimbursement Agreement (RA) with the same group at the end of 2003, after the City Council Subcommittee had begun the MSA negotiations. Under the terms of the RA, the Ikon/Mi-Wok Indian group would pay agreed upon amounts of 2004-2005 Grand Jury Final Report 23 money to the City “up-front” to defray expenses incurred by the City in attempting to develop the casino project.
• CL9 Page 38
  The City Attorney suspected meetings between the City Council and the Ikon/Mi-wok group were occurring, but he was not officially notified or consulted about the negotiation of the MSA.
• CL10 Page 38
  The Mayor of Plymouth stated that the reason the City didn’t use its attorney was that he was “too expensive.” She pointed to the cost of the RA as evidence.
• CL11 Page 38
  The City Attorney is a part-time position, paid under contract on an hourly basis.
• CL12 Page 38
  The bill for the City Attorney’s negotiation of the RA was paid out of funds paid to the City by the Ikon/Mi-wok group, under the terms of that agreement.
• CL13 Page 38
  In December 2003 or January 2004, the City hired an outside attorney (special counsel) to negotiate and/or review the MSA.
• CL14 Page 38
  There was no public discussion or vote regarding the hiring of a special counsel during an open, noticed City Council meeting.
• CL15 Page 38
  The then-City Administrator stated that the reason the City didn’t use its own attorney was that he “lacked experience in Indian affairs”.
• CL16 Page 38
  The special counsel’s self-stated area of legal expertise is estate planning.
• CL17 Page 38
  The special counsel stated he prepared a professional services agreement outlining his retainer charge and fees, and the basic work that he understood he was to perform for the City, as required by California State Bar Association rules. He stated it was signed by the City Administrator and himself. However, he is unable to produce it, stating he “probably” destroyed it along with the rest of the file after completion of his work, and the recall election of May, 2004.
• CL18 Page 38
  The then-City Administrator stated they had an oral agreement only.
• CL19 Page 38
  City staff is unable to locate a professional services agreement between the parties in city records or files. 24 2004-2005 Grand Jury Final Report
• CL20 Page 39
  Under issuance of a subpoena, the special counsel produced a file that included a copy of the draft MSA, and other MSAs from existing and proposed Indian Gaming Casinos, and a copy of the Writ of Mandate served on the Plymouth City Council by the “No Casino in Plymouth” group.
• CL21 Page 39
  The special counsel stated he was interviewed by the City Administrator, the Mayor and at least one Councilmember.
• CL22 Page 39
  The Mayor and Councilmembers in question state they did not interview the special counsel.
• CL23 Page 39
  The special counsel was referred to the City of Plymouth by a consultant representing the Ikon/Mi-wok group.
• CL24 Page 39
  The special counsel had represented the referring consultant on “several” occasions; including a grandparent visitation dispute, several transactional/contractual issues, and a suit for breach of contract against the Shingle Springs Mi-woks.
• CL25 Page 39
  The letter of complaint from the City of Plymouth (dated 10/14/04) requesting that the Grand Jury investigate the special counsel’s hiring stated that he concluded his service in February 2004.
• CL26 Page 39
  Records obtained by the Grand Jury indicate the special counsel billed (and was paid) for services performed in January, February, March and April 2004.
• CL27 Page 39
  The special counsel stated the MSA was only about 50% done when he began his service and that it needed “significant attention.”
• CL28 Page 39
  The City Administrator, Mayor, Councilmembers and staff interviewed stated that the MSA was “95% done” and “basically done”, and that the special counsel was hired to “protect the City”.
• CL29 Page 39
  The MSA was given to the Plymouth City Attorney two days before a noticed City Council meeting.
• CL30 Page 39
  A revised MSA was given to the City attorney two days before the Council voted on it in special session.
• CL31 Page 39
  In each case the City Attorney provided initial feedback and input totaling over 10 pages of problems and issues he had with the MSA, protesting the 2004-2005 Grand Jury Final Report 25 short time period for evaluation, and reserving the right to make further comment.
• CL32 Page 40
  The City of Plymouth has policies and procedures regarding the hiring of public employees, but none exist for consultants or outside contractors.
• CL33 Page 40
  Surrounding jurisdictions have hiring practices for outside consultants in the form of County or Municipal Code Ordinances.
• CL34 Page 149
  This compliant is against: Name, Title:________________________________________________________________ _ Organization:_________________________________________________________ _ Address:________________________________________________________________ ____________________________________________________________________ _
• CL35 Page 149
  My complaint against the above is:
• CL36 Page 149
  Before filling out this form I have contacted:
• CL37 Page 149
  Complainant: Name:________________________________________________________________ _ Address:________________________________________________________________ Phone:_________________________________________________________________
• CL38 Page 149
  I request the following action: _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ The information in this form is true, correct, and complete to the best of my knowledge. __________________________________________________________ (Signature) 2004-2005 Grand Jury Final Report A-1 Appendix A All communications to the Grand jury are confidential Grand Jury Citizen Complaint Form Citizen Complaints: The Grand Jury is empowered to investigate complaints from citizens, civic groups, government employees, and others, about the workings of local governments, prisons/jails, some private non-profit organizations, certain schools and school districts, and other organizations, and the conduct of their officers and employees. The Grand Jury is the guardian of public trust in local government and the proper use of public funds. Confidentiality: In all its proceedings and investigations the Grand Jury is sworn to maintain complete secrecy. The members of the Grand Jury apply the same objective standard of conduct ad responsibility to all persons and entities, and are not influenced by sentiment, conjecture, sympathy, public feelings, passion, or prejudice. Complaint Process: The Grand Jury investigates complaints presented to it in any form, but is desirous that this form is used whenever possible. Please identify the specific problem and describe the circumstances. Present your complaint with all available evidence and submit copies of all available documents. The Grand Jury will acknowledge receipt of your complaint. Mail this complaint form to: Amador County Grand Jury P.O. Box 249 Jackson CA 95642 Instructions for completing form:
• CL39 Page 161
  No Employee shall use influence or attempt to suppress a complaint or any part thereof and no Employee shall be subject to any retaliation or reprisal for filing the complaint and participating in any investigation or disciplinary action caused in whole or in part by sexual harassment.
• CL40 Page 161
  A sexually harassed Employee may file a grievance in accordance with Section 20 of the Agreement. To the extent allowed by law, the filing of such a grievance and the prior communication of the sexual harassment being complained of to the complainant’s department head shall constitute administrative/contractual remedies which a sexually harassed Employee shall complete prior to filing a complaint with the State Department of Fair 2004-2005 Grand Jury Final Report C-5 Appendix C Employment and Housing, the Federal Equal Employment Opportunity Commission, or a court with jurisdiction. While an Employee is exhausting his/her administrative/contractual remedies as set forth herein, the statute of limitations for filing a state or federal administrative or judicial complaint shall be tolled. DISTRIBUTION AND TRAINING
• CL41 Page 29
  The Grand Jury commends the Amador County Health and Human Services Agency, Mental Health Department, Sheriff’s Office and other law enforcement agencies for their on-going efforts to resolve issues related to 5150 and 5170 W & I. The Grand Jury extends a special commendation to the American Legion Ambulance Service for their flexibility and willingness to assist Amador County in this area. All parties involved express understanding that dealing with and evaluating impaired persons who may (or who may not) meet the criteria for 5150 or 5170 detainment is difficult. Laws and rules protecting the rights of apparently impaired individuals are at times difficult to reconcile with laws protecting the community from danger or even from public nuisance. The Grand Jury urges law enforcement and Mental Health Department personnel to continue mutual education and understanding of the laws that both groups must deal with and continue to work toward increased cooperation and mutual assistance. Response Required No response required. 2004-2005 Grand Jury Final Report 15 16 2004-2005 Grand Jury Final Report CITY OF PLYMOUTH BROWN ACT Introduction The Amador County Grand Jury received a complaint from a citizen alleging Brown Act violations by the Plymouth City Council. The citizen alleged that on October 14 and November 29, 2004 the Council met in closed session under the litigation exception and then discussed non-excepted issues.

No Responses Found 1

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