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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.
⚠️ 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: F13, F21
Findings and Recommendations 24 findings
F1
Members of the Alpaugh JPA Board of Directors are appointed by the “Parent” Districts (Three from the Waterworks District and three from the Irrigation District.)
No recommendations for this finding
F2
The Alpaugh JPA By-Laws state when a resignation is submitted to the Secretary, “no further action is required”. No provisions are made to reverse the decision. Members are appointed to the board by one of the “Parent” Districts. However, one Board Member resigned on May 15, 2009 and continued to serve on the Board without reappointment. T U L A R E C O U N T Y G R A N D J U RY R E P O R T 2 0 0 9 - 2 0 1 0 81 ×
No recommendations for this finding
F3
A member of the Board designated himself as “Chairman” without election. This is a violation of the Alpaugh JPA By- Laws Article V Section 1 and the Joint Exercise of Powers Agreement Article III Section 3.01.
No recommendations for this finding
F4
The Alpaugh JPA Board of Directors do not communicate well with each other, nor do they agree on how the Alpaugh JPA should be run.
No recommendations for this finding
F5
No violations of the Ralph M. Brown Act were found.
No recommendations for this finding
F6
At least 6 meetings were observed to be out of control with members of the public talking at will, speaking directly to each other or Board Members and Board Members speaking at will to each other or responding to the public.
No recommendations for this finding
F7
The Alpaugh JPA By-Laws Article IV, Section 7 states, “The Secretary of the Authority shall cause minutes of all meetings of the Board to be noted and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each member of the Board and to each Member Agency.” Article V, Section 6 states, “The Secretary shall provide a copy of the minutes to each Director and each member agency as soon as possible after the meeting, but no later than seven (7) days prior to the next regular meeting.” Minutes were not prepared as required above.
No recommendations for this finding
F8
The Alpaugh JPA By-Laws and the Joint Exercise of Powers Agreement state that the Executive Director, “...shall be responsible for the hiring, firing, promoting, and disciplining of the Authority employees, except the Secretary, Treasurer, Legal Counsel, and other professional staff and consultants.” During the July 8, 2009 Alpaugh JPA Board meeting a resolution was passed to “…leave all hiring and disciplinary action to the Board.” The Alpaugh JPA can amend their By-Laws, but the Joint Exercise of Powers Agreement can only be amended by the Irrigation District and the Waterworks District.
No recommendations for this finding
F9
Prior to July 8, 2009, without Board approval, a Board Member other than the Executive Director, and in the absence of the office manager, frequented the office and was overly vigilant of staff. This person yelled at the employees and insisted they track (in writing), breaks, bathroom visits and sign a new employment agreement.
No recommendations for this finding
F10
A special meeting was called in April of 2009 for the purpose of an employee’s evaluation. The employee's personnel file was examined in September 2009 with the written permission of the employee. No employee evaluations were found in this file although the employee had worked directly under the Alpaugh JPA Board's supervision since December 2007.
No recommendations for this finding
F11
California Government Code Section 6505 requires JPAs to submit an audit to the State of California every year. As of February 23, 2010, audits have not been received by the State from the Alpaugh JPA since formation.
No recommendations for this finding
F12
California Government Code Section 6505 requires JPAs to file an audit with their County every year. An audit has not been received by Tulare County from the Alpaugh JPA since 2006. 13. `Some Board Members have not received ethics training. California law AB1234 requires public officials to T U L A R E C O U N T Y G R A N D J U RY R E P O R T 2 0 0 9 - 2 0 1 0 Ø 82 complete an ethics training course within six months of assuming office and every two years thereafter.
No recommendations for this finding
F14
The Alpaugh JPA Employee Handbook defines sexual harassment and describes complaint procedures. It states, that when a complaint is received, “…a thorough investigation will be conducted and appropriate action taken.”
No recommendations for this finding
F15
One alleged incident of sexual harassment was reported to the Manager by an employee. The Manager did not report it to the Board at the employee's request. However, a second and separate alleged incident of sexual harassment was reported by the Manager to the Board. The Board did not investigate. One Board Member stated the reason for not investigating was the accused resigned from the Board and relocated.
No recommendations for this finding
F16
There have been three managers in the last four years at the Alpaugh JPA. The first left due to relocation, the second was hired as a temporary and a third was hired in September of 2009 and resigned in April of 2010.
No recommendations for this finding
F17
The first and second Manager approved extended contracts (extended payments) on some water bills allowing customers to accumulate large unpaid balances.
No recommendations for this finding
F18
The first and second Manager allowed some customers with delinquent accounts to open a new account at a different address.
No recommendations for this finding
F19
The practice of allowing unpaid bills to be deferred or customers with delinquent accounts to open a new account at a different address was corrected by the third Manager.
No recommendations for this finding
F20
Personnel files were kept in an unsecured location.
No recommendations for this finding
F22
In October 2008, the Memorial District increased the Alpaugh JPA's rent from $250 per month to $500 per month. An increase in the electric bill was the reason given for the rent increase. A review of the electric bills revealed an average increase of approximately $41 per month.
No recommendations for this finding
F23
On May 11, 2009, at the regular meeting of the Memorial District, it was suggested to the Director in charge of the Alpaugh Memorial Building that to avoid possible conflict or other problems, notice be given pursuant to the rental agreement of October 1, 2008 terminating the agreement with the Alpaugh JPA. The minutes of this meeting reflected no action taken on this suggestion.
No recommendations for this finding
F24
On May 18, 2009, a letter dated May 15, 2009 was submitted to the Alpaugh JPA giving notice to vacate the building within 30 days.
No recommendations for this finding
F25
On June 22, 2009, at a special meeting of the Alpaugh JPA, a representative from the Memorial District outlined problems leading to the eviction letter submitted on May 18, 2009. He stated that he was there to “offer an extension”. The Alpaugh JPA Board of Directors appointed a Board Member to negotiate with the Memorial District to cancel the eviction. The eviction notice was withdrawn shortly thereafter.
No recommendations for this finding
F26
The Memorial District Director in charge of the Alpaugh Memorial Building is
No recommendations for this finding