⚠️ 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.
Note: Missing finding numbers detected: F8, F9, F10, F11, F12, F13
Findings 8 findings
F1
– THE BOARD OF SUPERVISORS (BOS) 1. Background Check - The BOS, when hiring the CDA Director (Director), failed to follow standard hiring procedures by neglecting to insist that the candidate’s qualifications and past work experience be verified and thoroughly checked. 2. Reporting Relationship - The BOS failed to clearly define the reporting relationship of the position and allowed the Director to circumvent the established line of supervision. The Director reported directly to the BOS with disregard for the published County organization chart. 3. Accountability - After establishing the Director’s direct reporting relationship to the Board, the BOS failed to hold the Director accountable and neglected to prepare any performance evaluations. 4. Job Qualifications - The Director, when hired by the County, lacked the technical skills and sufficient related experience to successfully perform the job. The BOS based their hiring decision on the applicant’s self-reported strong management experience. However, the Grand Jury, in the course of the investigation, could not substantiate many of the claims made on the Director’s resume and application. 4
F2
– FUNDS 1. Mismanagement of County Funds – Numerous outside consultants have been hired for work that could be done by CDA employees. The position of Chief Building Official is still filled by a Vali Cooper consultant and a large portion of the plan checking service is still performed by outside contractors. Due to the Director’s decisions, the CDA has spent nearly $2 million (almost half of its 2007/2008 budget) on consulting fees. 2. Budget Deficit - The County is currently faced with a CDA projected deficit of nearly $900,000 for fiscal year 2007-2008, the largest Planning and Building Department deficit in many years. This deficit is not entirely due to the national decline of the housing market. 3. Internal Audit - When the CDA’s second quarter actual budget deficit was discovered; the Director initiated an internal audit. The Director reassigned the qualified Account Technician to other duties and instructed a newly hired Permit Technician to conduct the audit and to perform the regular duties of the Account Technician. 4. Disregard for County Accounting Practices – The Director fails to follow the County’s accounting practices and procedures and has shown little interest in coordinating these practices with the County Auditor/Controller. This has resulted in costly accounting errors and confusion in recording various services such as Environmental Impact Report expenses and revenues within the Trust Account. 5. Lack of Consistency in Collecting Fees and Fines - The Director has exempted certain cases subject to code compliance fees and fines without justification, thus potentially violating Calaveras County Code, Title 8, Article IX Violations Fines and Procedures. 5 6. Hiring Incentives - The Director is the only Department Head in the County who has relied on costly hiring incentives when recruiting new Planners. 7. CDA Hiring Practices - The Director disregarded County hiring practices, bypassed Human Resources, and developed the CDA’s own recruiting, screening and interviewing procedures for potential hires.
F3
– DIRECTOR 1. Management Style – The Director’s management style contributes to a chaotic workplace. The Director at times exhibits confrontational behavior towards County employees and Department Heads, and at times magnifies the severity of issues, presenting the BOS with multiple emergencies. 2. Work Environment – CDA employees have filed numerous harassment/hostile work environment complaints. Some of the earlier complaints prompted a thorough investigation, which resulted in a directive from the BOS to have all CDA management and employees participate in a team building exercise. The team building exercise was not completed (as of this writing) and failed because the Director walked out with the executive staff in mid-session and refused to continue. 6 3. Trust –The Director frequently scrutinizes the work of employees by secretly checking files in the absence of employees. This perceived lack of trust comes at the expense of the performance of the Director’s managerial responsibilities. 4. Communication – The Director’s accessibility to CDA employees is inadequate, partly due to the remote location of Director’s office from the Building and Planning Departments. In addition, the Director’s mode of communication is usually verbal and often unofficial, which leads to confusion, misinterpretations and misunderstandings. 5. Compliance with Administrative Requirements – For the past two years the Director has not prepared or mandated the preparation of annual performance evaluations of the CDA staff. 6. General Plan – The complete overhaul of the General Plan, as opposed to using a step-by-step process, was influenced by the Director’s sense of urgency. However, the Director’s lack of technical planning expertise has prevented consideration of alternate ways of moving the project forward.
F4
The Grand Jury recognizes there are no quick or inexpensive fixes to completely remedy the septic tank and leach line problems that appear to at least partially contribute to the e-coli contamination along the identified section of the River. The financial impact on local parcel owners, without help from grants or other creative financing options, would be very costly. In addition, the West Point Waste Water Treatment Plant and Wilseyville Solid Waste Treatment Plants are located close-by.
F5
The Bridge area has become an informal recreational site where people congregate for swimming, fishing and other water related activities. In addition, East Bay MUD also treats and stores these waters downstream for use by its Bay Area customers.
F6
Management and building deficiencies within the district have been exacerbated by lack of funding. Without a full time fire chief, there has been a legacy of last minute planning and personnel problems. A shoestring approach to the completion of the much-needed new Station #1 has contributed to the district’s existing problems. How well the district will serve its current and future residents will depend on the implementation of long range fiscal planning now. Although planned development and assessed valuation increases within the district can answer some of the district financial shortcomings, there may not be sufficient increases in funding for the district to catch up with projected growth and infrastructure requirements.
F7
On most agendas for regular meetings the board indicated that it would go into closed session to discuss pending litigation. There is no pending litigation.
F14
67 SUMMARY In general, the process as being proposed by the Community Development Agency appears to streamline the application process with several refinements. If actual positive results come from the innovative step 6 TAC meeting, many past problems of infrastructure and service district misconnects could be resolved. The process requests “impacted/involved” agencies attend the meeting but further states only county agencies are required to attend TAC meetings. Infrastructure and service district input is critical to orderly development. Inadequate long term planning by service districts can be illuminated through this process.
Recommendations 14
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R1The BOS hire Department Heads only after background checks and thorough verification of prior work experience are completed by Human Resources Department.
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R2The BOS publicly restore the reporting relationship of the Director to the County Administrative Officer (CAO).
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R3The BOS and the Director adhere to the reporting relationship as defined in the County organization chart..
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R4The CAO develop a plan to prepare annual performance evaluations on all Department Heads.
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R5The Director enroll in an accredited educational institution and obtains a Certified Planner Certificate. RESPONSE REQUESTED Board of Supervisors County Administrative Officer Director, Human Resources Director, Community Development Agency
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R6Hiring Incentives - The Director is the only Department Head in the County who has relied on costly hiring incentives when recruiting new Planners.
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R7CDA Hiring Practices - The Director disregarded County hiring practices, bypassed Human Resources, and developed the CDA’s own recruiting, screening and interviewing procedures for potential hires. RECOMMENDATIONS
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R8The BOS reassess the Mintier General Plan contract to find ways to minimize consultant’s expenditures, downsize Mintier’s role in the project and manage more of it in-house. RESPONSE REQUESTED Board of Supervisors County Administrative Officer Director, Community Development Agency 7 CALAVERAS COUNTY AUDIT CONTRACT REASON FOR INVESTIGATION It came to the attention of the Grand Jury that the contract with the accounting firm of Moss, Levy & Hartzheim LLP that was ordered by the Board of Supervisors in their June 19, 2007 meeting was not completed.
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R9Initial comments received & additional studies approved.
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R10Preparation of Negative Declaration, Mitigated Negative Declaration or Environmental Impact Report.
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R11Public circulation of environmental documents - Circulated to agencies and the public; publish a public notice.
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R12Staff report prepared. Report includes project and environmental documents, and a recommendation of approval or denial.
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R13Planning Commission – Reviews public records and takes public testimony. Basis of decision/recommendation has to be based upon substantial facts.
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R1467 SUMMARY In general, the process as being proposed by the Community Development Agency appears to streamline the application process with several refinements. If actual positive results come from the innovative step 6 TAC meeting, many past problems of infrastructure and service district misconnects could be resolved. The process requests “impacted/involved” agencies attend the meeting but further states only county agencies are required to attend TAC meetings. Infrastructure and service district input is critical to orderly development. Inadequate long term planning by service districts can be illuminated through this process. RECOMMENDATION While the process proposal appears to have met the “streamlining and simplifying” goals, the Grand Jury believes infrastructure and service district input is still lacking in the process. The TAC meeting step should include review by all impacted/involved special districts within the county, not just County agencies. Impact of development on infrastructure such as roads, schools, and even law enforcement must also be considered and adequate long term planning by all special districts within the county be required. The Grand Jury recommends these infrastructure consideration steps be strengthened and the Board of Supervisors adopt the procedure. RESPONSE FROM CALAVERAS COUNTY COMMUNITY DEVELOPMENT AGENCY The Community Development Agency established new processing guidelines in early 2007, and these included the formation of a Technical Advisory Committee (TAC). The purpose of TAC is to identify early in the process project requirements and challenges, including infrastructure needs, and to ensure the project description is accurate and comprehensive before beginning the environmental review. Agency participation in TAC is voluntary, and invitations are sent out to those agencies in the development area for the project, so attendance will vary at each meeting. Although not every district has had a project-related reason to attend one of the three TAC meetings held so far, a number of agencies have participated, including Planning, Building, Public Works, Environmental Management, the Sheriffs Department, the Calaveras County Water District (CCWD), Foothill Fire Protection District, Murphy's Sanitary District, and Union Public Utility District. It is important to note that participation, or lack of participation, in TAC meetings does not change an agency's ability to comment on a project. Although the County does not have jurisdiction over outside agencies, and cannot make their attendance mandatory, CDA believes participation in TAC will voluntarily increase as the process becomes more established. GRAND JURY DETERMINATION 2007-2008 The Grand Jury determines this response is adequate. Response FROM CALAVERAS COUNTY BOARD OF SUPERVISORS All Findings (pages 35-36) The Board of Supervisors concurs with the response provided regarding this issue by the Community Development Agency. In particular, the Board agrees that the participation of all interested agencies in the TAC process should be encouraged. GRAND JURY DETERMINATION 2007-2008 The Grand Jury determines this response is adequate. Exhibit A DRAFT AGENCY PROPOSAL – January 30, 2007