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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.

Nevada County Grand Jury • 1999-2000

Donner Summit Public Utilities District Reason for Investigation The Grand Jury received two citizen complaints in

Published: June 15, 1999 13 pages

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⚠️ 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 9 findings

F1 Page 1

Bulk sales of 115 sewer hook-ups were conducted between Donner Summit General Manager and three ski resorts through a Conditional Sales Contract in January, 1999.

F2 Page 1

Bulk sales of 25 sewer hook-ups were conducted in like manner with a fourth ski resort in June, 1999.

F3 Page 1

These bulk sales were reported by Donner Summit General Manager to the Board in open, regular meetings on January 19 and June 15, 1999.

F4 Page 1

Suspension of a portion of Donner Summit Ordinance 81-09, and supplemental changes thereto, which regulated sales, maintenance, repair and debt service of sewer hook-ups, were recommended by Donner Summit General Manager and approved by the Board in the January 19, 1999, regular meeting. This action allowed negotiation of referenced bulk sales to continue pending a new ordinance, 99-01.

F5 Page 1

This new Ordinance modified Ordinance 81-09 authorizing new financial arrangements for sewer hook-up bulk sales. It was approved and adopted by the Donner Summit Board at the regular meeting, March 16, 1999.

F6 Page 1

A Memorandum of Understanding (MOU) and an Agreement were signed by Donner Summit and Sierra Lakes in mid-April, 1999. Agreement was reached that Sierra Lakes and Donner Summit had 30 sewer hook-ups and 15 hook-ups respectively remaining for individual use. Any further need by Sierra Lakes prior to plant expansion was to be negotiated.

F7 Page 1

The MOU included redrafting of the existing Donner Summit/Sierra Lakes contract, commencement of plant expansion, the need for coordination regarding future capacity, and the need to develop a process to share plant expansion expenses.

F8 Page 2

The Donner Summit General Manager negotiated bulk sales with several ski resorts. However, evidence suggests that he did not complete a bulk sale with Donner Ski Ranch, the only ski resort in which he had an economic interest as reflected on his California Form 700, Statement of Economic Interest. Two Donner Summit Board members stated on their Form 700's an economic interest in ski resorts which did complete bulk sales of EDUs with Donner Summit. The Grand Jury found no evidence that these members influenced these sales which were conducted solely by the General Manager and subsequently reported to the Board in open meetings.

F9 Page 2

The Donner Summit sewer ordinances are outdated and confusing. Over the years, individual ordinances (examples: 81-9, 84-2, 85-3. 86-1. 86-4. 90-4. etc.) have been enacted which modify sections of previous ordinances. In some cases, modified sections are again modified by a more recent ordinance. There is no indication that any of these ordinances have been rescinded. The current system requires that individuals must research through a large number of ordinances to insure they have the correct, up-to-date, information regarding a specific section of the Donner Summit sewer ordinances. CONCLUSIONS The Grand Jury concludes:

Recommendations 6

R1
Page 1

Donner Summit create new ordinance(s) to incorporate all pertinent, applicable, previous ordinances. New ordinance(s) should include, or refer specifically to, any necessary forms, applications requirements, etc.
R2
Page 1

Copies of updated ordinance(s) and necessary forms should be available to individuals at Donner Summit.
R3
Page 1

The Donner Summit Board and the General Manager should explore and incorporate more effective avenues of communication with customers and potential customers.
R4
Page 1

Customer queries and concerns should be addressed in a timely, open, and complete manner, thereby reducing any confusion and eliminating misconceptions.
R5
Page 1

Donner Summit and Sierra Lakes should jointly explore new contractual arrangements and sewer plant capacity expansion as soon as possible.
R6
Page 1

To ensure no possibility of Conflict of Interest or the appearance of Conflict of Interest exists, Donner Summit Board members, the General Manager, and any other appropriate Donner Summit employee should avoid conducting business with entities in which they have an economic interest, making inquiry of the California Fair Political Practices Commission if they have any doubt.

Conclusions 4

CL1 Page 3

There is no evidence that referenced bulk sales were negotiated or completed in closed Board meetings.
CL2 Page 3

There is no specific proof that any individual applicant to Donner Summit was denied a sewer hook-up.
CL3 Page 3

There is no evidence that bulk sales were in violation of Donner Summit policies existing at the time of sales.
CL4 Page 3

There is no specific proof that the Donner Summit General Manager or Board members engaged in Conflict of Interest regarding the bulk sales of EDUs to ski resorts as alleged. Donner Summit sewer ordinances and Donner Summit/Sierra Lakes contracts are outdated and confusing. This has resulted in incorrect interpretation among individuals and between Donner Summit and Sierra Lakes regarding available capacity, contractual requirements and appropriate procedures.

No Responses Found 1

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

Donner Summit Public Utility District Special District