Sonoma County Grand Jury
• 2021-2022
Smart Decision Making Citizen Feedback is Critical for Success
⚠️ 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 and Recommendations 18 findings
F1
The Board of Directors lacks adequate input from the Citizens Oversight Committee.
Related Recommendations (3)
R3
By January 31, 2023, the Board of Directors reassess the SMART organizational structure such that the Citizens Oversight Committee and any future advisory committees report directly to the Board. (F1, F2, F3, F4, F9, F11)
R4
By January 31, 2023, the Board of Directors require written Citizens Oversight Committee analysis and recommendations prior to all strategic decisions whether or not incorporated in the five-year Strategic Plan. (F1, F2, F3, F5, F6, F7, F11, F12)
R8
By December 31, 2022, the Board of Directors direct the Citizens Oversight Committee to prepare written recommendation reports to be presented at or entered into the record of the Board of Directors meetings. (F1, F2, F3, F4, F6, F10, F11, F12)
F2
The Citizens Oversight Committee reports to SMART management rather than directly to the Board of Directors.
Related Recommendations (3)
R3
By January 31, 2023, the Board of Directors reassess the SMART organizational structure such that the Citizens Oversight Committee and any future advisory committees report directly to the Board. (F1, F2, F3, F4, F9, F11)
R4
By January 31, 2023, the Board of Directors require written Citizens Oversight Committee analysis and recommendations prior to all strategic decisions whether or not incorporated in the five-year Strategic Plan. (F1, F2, F3, F5, F6, F7, F11, F12)
R8
By December 31, 2022, the Board of Directors direct the Citizens Oversight Committee to prepare written recommendation reports to be presented at or entered into the record of the Board of Directors meetings. (F1, F2, F3, F4, F6, F10, F11, F12)
F3
The public has expressed concern about the Board of Directors strategic decisions made without the input of a citizens’ oversight committee.
Related Recommendations (3)
R3
By January 31, 2023, the Board of Directors reassess the SMART organizational structure such that the Citizens Oversight Committee and any future advisory committees report directly to the Board. (F1, F2, F3, F4, F9, F11)
R4
By January 31, 2023, the Board of Directors require written Citizens Oversight Committee analysis and recommendations prior to all strategic decisions whether or not incorporated in the five-year Strategic Plan. (F1, F2, F3, F5, F6, F7, F11, F12)
R8
By December 31, 2022, the Board of Directors direct the Citizens Oversight Committee to prepare written recommendation reports to be presented at or entered into the record of the Board of Directors meetings. (F1, F2, F3, F4, F6, F10, F11, F12)
F4
A well-informed and responsive citizens’ advisory group has the potential to positively influence the final terms of crucial actions prior to the vote of the Board of Directors.
Related Recommendations (3)
R3
By January 31, 2023, the Board of Directors reassess the SMART organizational structure such that the Citizens Oversight Committee and any future advisory committees report directly to the Board. (F1, F2, F3, F4, F9, F11)
R8
By December 31, 2022, the Board of Directors direct the Citizens Oversight Committee to prepare written recommendation reports to be presented at or entered into the record of the Board of Directors meetings. (F1, F2, F3, F4, F6, F10, F11, F12)
R9
The Board of Directors direct the General Manager to provide a timeline to evaluate the financial viability of freight services by March 31, 2023. (F4, F15, F16)
F5
The SMART Strategic Plan of 2019 did not adequately address the addition of freight operations, and was not updated for consideration by an advisory committee and the public.
Related Recommendations (1)
R4
By January 31, 2023, the Board of Directors require written Citizens Oversight Committee analysis and recommendations prior to all strategic decisions whether or not incorporated in the five-year Strategic Plan. (F1, F2, F3, F5, F6, F7, F11, F12)
F6
The Citizens Oversight Committee has not fulfilled its oversight role as represented in Measure Q election materials and it has failed to serve as a fully independent advisor on important SMART issues.
Related Recommendations (2)
R4
By January 31, 2023, the Board of Directors require written Citizens Oversight Committee analysis and recommendations prior to all strategic decisions whether or not incorporated in the five-year Strategic Plan. (F1, F2, F3, F5, F6, F7, F11, F12)
R8
By December 31, 2022, the Board of Directors direct the Citizens Oversight Committee to prepare written recommendation reports to be presented at or entered into the record of the Board of Directors meetings. (F1, F2, F3, F4, F6, F10, F11, F12)
F7
The Board of Directors and the Citizens Oversight Committee have maintained the responsibility of the Citizens Oversight Committee at what was defined loosely in the 2008 Expenditure Plan of Measure Q—addressing only the minimal responsibility of reviewing the five-year strategic plan—despite recommendations from former Sonoma and Marin County Grand Juries and members of the League of Women Voters to expand the advisory role.
Related Recommendations (3)
R1
By January 31, 2023, the Board of Directors expand the role of the Citizens Oversight Committee beyond the minimal requirements of the Measure Q Expenditure Plan to achieve expectations of citizen oversight and accountability. (F1, F2, F3, F5, F6, F7,
R4
By January 31, 2023, the Board of Directors require written Citizens Oversight Committee analysis and recommendations prior to all strategic decisions whether or not incorporated in the five-year Strategic Plan. (F1, F2, F3, F5, F6, F7, F11, F12)
R5
The Board of Directors define and implement advisory committee bylaws for the Citizens Oversight Committee, by January 31, 2023. (F7, F12, F13, F14)
F8
The requirements of Measure Q and its associated 2008 Expenditure Plan are not sufficiently detailed to provide for a well-trained, well-informed, well-regulated, and suitably responsive Citizens Oversight Committee.
Related Recommendations (1)
R7
By January 31, 2023, the Board of Directors develop suitable training programs for new and existing members of the Citizens Oversight Committee regarding their newly defined role and proper public committee protocols, such as the Brown Act rules. (F1,
F9
Measure Q does not prohibit or limit the development of committee roles or additional committees to provide the Board of Directors with informed and independent public opinion.
Related Recommendations (2)
R2
By January 31, 2023, the Board of Directors consider additional advisory committees to generate informed, independent advice on important matters under consideration, including but not limited to increasing ridership, building public trust, new lines of business, sale of assets, finance, and other significant decisions. (F1, F2, F3, F4, F7,
R3
By January 31, 2023, the Board of Directors reassess the SMART organizational structure such that the Citizens Oversight Committee and any future advisory committees report directly to the Board. (F1, F2, F3, F4, F9, F11)
F10
The Board of Directors response to the Grand Jury reports of 2014 indicated that comment periods in Board of Directors meetings are sufficient to obtain public input, but failed to recognize the importance of well-informed advisory committees.
Related Recommendations (1)
R8
By December 31, 2022, the Board of Directors direct the Citizens Oversight Committee to prepare written recommendation reports to be presented at or entered into the record of the Board of Directors meetings. (F1, F2, F3, F4, F6, F10, F11, F12)
F11
The Board of Directors responded to prior Grand Jury reports that the Citizens Oversight Committee fulfilled the Measure Q requirements with regard to the five-year Strategic Plan, but failed to recognize their responsibility to provide suitable public feedback and oversight, as promised in election materials.
Related Recommendations (3)
R3
By January 31, 2023, the Board of Directors reassess the SMART organizational structure such that the Citizens Oversight Committee and any future advisory committees report directly to the Board. (F1, F2, F3, F4, F9, F11)
R4
By January 31, 2023, the Board of Directors require written Citizens Oversight Committee analysis and recommendations prior to all strategic decisions whether or not incorporated in the five-year Strategic Plan. (F1, F2, F3, F5, F6, F7, F11, F12)
R8
By December 31, 2022, the Board of Directors direct the Citizens Oversight Committee to prepare written recommendation reports to be presented at or entered into the record of the Board of Directors meetings. (F1, F2, F3, F4, F6, F10, F11, F12)
F12
The lack of required formal reports from the Citizens Oversight Committee to the Board of Directors has created an environment where input from the Citizens Oversight Committee is not required or generally expected prior to decision making.
Related Recommendations (3)
R4
By January 31, 2023, the Board of Directors require written Citizens Oversight Committee analysis and recommendations prior to all strategic decisions whether or not incorporated in the five-year Strategic Plan. (F1, F2, F3, F5, F6, F7, F11, F12)
R5
The Board of Directors define and implement advisory committee bylaws for the Citizens Oversight Committee, by January 31, 2023. (F7, F12, F13, F14)
R8
By December 31, 2022, the Board of Directors direct the Citizens Oversight Committee to prepare written recommendation reports to be presented at or entered into the record of the Board of Directors meetings. (F1, F2, F3, F4, F6, F10, F11, F12)
F13
Bylaws for the Citizens Oversight Committee do not exist and if developed could provide structure and a set of rules to guide the Committee’s operations and activities.
Related Recommendations (1)
R5
The Board of Directors define and implement advisory committee bylaws for the Citizens Oversight Committee, by January 31, 2023. (F7, F12, F13, F14)
F14
The undefined term of service in the Citizens Oversight Committee has the potential to allow Committee members to remain for long periods of time or permanently, which could lead to stagnation of ideas, and to leadership and committee fatigue.
Related Recommendations (2)
R5
The Board of Directors define and implement advisory committee bylaws for the Citizens Oversight Committee, by January 31, 2023. (F7, F12, F13, F14)
R6
The Board of Directors define the length of terms for Citizens Oversight Committee members, by January 31, 2023. (F14)
F15
The ultimate financial and management impacts of taking on the freight business are very difficult to predict, and accepting the freight business creates the potential risk of distraction from SMART’s primary purpose of implementing and operating a passenger rail system.
Related Recommendations (1)
R9
The Board of Directors direct the General Manager to provide a timeline to evaluate the financial viability of freight services by March 31, 2023. (F4, F15, F16)
F16
The lack of district-wide public discussion of the LPG storage facility in Schellville contributed to the hasty closure of the facility rather than a phased or delayed closure that would have given the SMART management an opportunity to mitigate the financial loss.
Related Recommendations (1)
R9
The Board of Directors direct the General Manager to provide a timeline to evaluate the financial viability of freight services by March 31, 2023. (F4, F15, F16)
F17
Implementing accounting best practices would separate the Measure Q monies from freight or other future ventures into separate bank accounts in addition to their separate bookkeeping accounts.
Related Recommendations (1)
R10
The Board of Directors and the General Manager establish separate bank accounts for the monies associated with passenger transit (Measure Q, et al.) and with freight or other future ventures, by December 31, 2022. (F17)
F18
Committee members who were interviewed by the Grand Jury could not provide requested documents because there was no central information repository.
Related Recommendations (1)
R11
The Board of Directors direct advisory committees to develop and implement a policy to keep documents and information related to their advisory role centrally located and remotely accessible, by January 31, 2023. (F18)
Conclusions 1
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CL1 Page 12The SMART District has suffered a number of disruptions in its short life that have put it at risk of losing public confidence and trust, some within and some outside its control. Without decisive and visible steps to bolster public confidence, it could conceivably lose funding such that it never fulfills the vision originally provided to the public. One powerful step toward rebuilding public confidence and trust—with the possible added benefit of gaining a greater brain trust in decision-making—is to give the public a greater insight into the SMART management and a greater voice to decision makers. The SMART tax funding was originally proposed with the Sample Ballot statement that “Independent Citizens' Oversight and annual audits are MANDATORY to ensure funds are spent properly” (emphasis in the original). There are two definitions of oversight: 1) the action of overseeing something; 2) an unintentional failure to notice or do something. In order to fully achieve the independent citizens’ oversight—in the first sense—the SMART BOD must redefine and re-energize the existing COC, and/or must establish additional advisory committees. The BOD, COC, and prominent citizens groups have addressed this, but it has not been implemented; it is past time to do so.