📋
Extraído del Informe Consolidado
Esta investigación fue publicada originalmente como parte de un informe consolidado más amplio que contiene múltiples investigaciones. Consulte el PDF consolidado para ver el documento completo.
Santa Cruz County Grand Jury
• 2008-2009
Who is Watching Our Special Districts?
⚠️ Aviso de traducción: Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
⚠️ 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 75
Each county LAFCO operates independently and may adopt local policies. [LAFCO 101] Response: LAFCO – AGREES
F2
Page 75
LAFCO, through Municipal Service and Sphere-of-Influence reviews, may hold special districts accountable for meeting community service needs, including governmental structure and operational efficiencies. [Government Code 56439(a)(5)] Response: LAFCO – PARTIALLY AGREES There is no Government Code Section 56439(a)(5). Government Code Section 56430 requires LAFCO, when preparing the five-year service reviews, to make determinations regarding the services being provided to the various communities in the county. One determination subject is: "(5) Accountability for community service needs, including governmental structure and operational efficiencies."
F3
Page 75
From the inception of special districts, they were required to operate by “rules,” often redefined as bylaws or rules of proceedings as in (Kehoe) Government Code 61045(f). Response: LAFCO – PARTIALLY DISAGREES Government Code Section 61045(f) is located in the Community Service District law and states: "(f) The board of directors shall adopt rules or bylaws for Its Who Is Watching Our Special Districts? 65 2008–2009 Santa Cruz County Grand Jury Final Report with Responses proceedings." This section of the law applies only to Community Service Districts formed under Government Code Section 61000 et seq. There are no such districts in Santa Cruz County. As pointed out in the comments LAFCO has received from some of the districts in Santa Cruz County, the enabling acts for other types of districts (such as fire protection districts and county water districts) do not contain a similar requirement.
F4
Page 76
All special districts fall under the mandate of the Ralph M. Brown Act, adopted in 1953 [Government Code 54950 to 54962], which requires agencies to have open meetings. Response: LAFCO – AGREES
F5
Page 76
In Santa Cruz County the special district that initiated this investigation has operated, and others may continue to operate, in violation of statutes requiring adoption of bylaws and parliamentary procedures. No Response Required
F6
Page 76
Santa Cruz County special districts have never been required to submit bylaws, parliamentary procedures and mission statements to LAFCO. Response: LAFCO – AGREES Response: County of Santa Cruz Board of Supervisors – AGREES
F7
Page 76
LAFCO special district files in Santa Cruz County contain very few, if any, copies of bylaws, parliamentary procedures or mission statements. Response: LAFCO – AGREES LAFCO also notes that, in reviewing the Grand Jury's report, several special districts have provided LAFCO with website references and paper copies of their bylaws, parliamentary procedures, and mission statements. Response: County of Santa Cruz Board of Supervisors – DEFERS TO LAFCO The County does not have access to LAFCO files and will defer to LAFCO to respond to this finding.
F8
Page 76
In Santa Cruz County no governmental agency has provided special district oversight to ensure existence of and operation within bylaws and parliamentary procedures. Who Is Watching Our Special Districts? 2008–2009 Santa Cruz County Grand Jury Final Report with Responses Response: LAFCO – AGREES Response: County of Santa Cruz Board of Supervisors – AGREES Special districts operate under their own locally elected, independent board of directors and are not under the jurisdiction of any other governmental agency.
F9
Page 77
Among the 78 special districts within Santa Cruz county that are the subject of this report, all are authorized to operate under various principal acts and California statutes. No Response Required Conclusions
Recommendations 7
-
R1Page 73Santa Cruz LAFCO commissioners should require that a mission statement accompany the initial application for formation of a special district. Response: LAFCO – WILL NOT BE IMPLEMENTED Consistent with applicable law, LAFCO currently has extensive application requirements for any party proposing the formation of a new district. These requirements include a purpose, a budget, and an operating plan. A LAFCO application requirement that a mission statement be included in the application would be duplicative. A district, if it is formed, may decide whether the adoption of a mission statement would be a helpful management tool. Response: County of Santa Cruz Board of Supervisors – DEFERS TO LAFCO LAFCO was created to regulate the boundaries of cities and special districts. The County defers to the LAFCO Board to determine whether this recommendation falls within its purview. Who Is Watching Our Special Districts? 67 2008–2009 Santa Cruz County Grand Jury Final Report with Responses
-
R2Page 73Santa Cruz LAFCO commissioners should require bylaws and parliamentary procedures be adopted, presented to and permanently lodged with LAFCO of formation of a new district. Response: LAFCO – HAS NOT BEEN IMPLEMENTED This recommendation has not been implemented and it may exceed LAFCO's legal authority under state law. LAFCO notes that any new district will be subject to any of the other Grand Jury recommendations that LAFCO implements for all districts. Response: County of Santa Cruz Board of Supervisors – DEFERS TO LAFCO LAFCO was created to regulate the boundaries of cities and special districts. The County defers to the LAFCO Board to determine whether this recommendation falls within its purview.
-
R3Page 73Santa Cruz LAFCO commissioners should require all existing special districts to have bylaws and parliamentary procedures and to submit copies for LAFCO’s files Response: LAFCO – WILL NOT BE IMPLEMENTED This recommendation will not be implemented and it may exceed LAFCO's authority under state law and may conflict with the enabling statutes for various special districts. If legal support existed for such a requirement, LAFCO would not choose to implement it because LAFCO believes that the decision to adopt bylaws and parliamentary procedures should be made by each district board, and that LAFCO should not prioritize its limited staff time in an effort to enforce special districts to adopt bylaws and parliamentary procedures. Response: County of Santa Cruz Board of Supervisors – DEFERS TO LAFCO LAFCO was created to regulate the boundaries of cities and special districts. The County defers to the LAFCO Board to determine whether this recommendation falls within its purview.
-
R4Page 73The Santa Cruz LAFCO office should act as a central repository and maintain copies of each special district’s bylaws, parliamentary procedures and, if applicable, mission statement. Response: LAFCO – HAS BEEN IMPLEMENTED LAFCO has implemented this recommendation in the following manner: -- The "Links" page of LAFCO's website has been expanded to include notations for the special districts that don't maintain websites. Only six independent districts do not have any website: -- Alba Recreation and Park District 68 Who Is Watching Our Special Districts? 2008–2009 Santa Cruz County Grand Jury Final Report with Responses --Central Water District --Opal Cliffs Recreation and Park District --Pajaro Valley Public Cemetery District --Reclamation District 2049 (College Lake) --Salsipuedes Sanitary District. --Santa Cruz LAFCO has opened a paper file that will be the permanent repository of all district bylaws, parliamentary procedures, and mission statements that districts submit in paper format. --Santa Cruz LAFCO has added a notation on the "Links" page of its website that the paper versions of special district bylaws, parliamentary procedures, and mission statements that have been submitted to LAFCO may be accessed at the LAFCO office. --In the next round of service reviews, LAFCO will inquire of each special district if they have bylaws, parliamentary procedures, and mission statements. LAFCO will ask if the documents are available on the district's website, and will invite districts that don't make the documents available on their website to file paper copies at the LAFCO office. Response: County of Santa Cruz Board of Supervisors – DEFERS TO LAFCO LAFCO was created to regulate the boundaries of cities and special districts. The County defers to the LAFCO Board to determine whether this recommendation falls within its purview.
-
R5Page 74The public should have access during normal County business hours or by electronic media to LAFCO copies of special district governing documents. Response: LAFCO – HAS BEEN IMPLEMENTED Response: County of Santa Cruz Board of Supervisors – DEFERS TO LAFCO LAFCO was created to regulate the boundaries of cities and special districts. The County defers to the LAFCO Board to determine whether this recommendation falls within its purview.
-
R6Page 74The LAFCO commissioners and/or the County Board of Supervisors should draft enforceable penalties for failure to comply with these recommendations, following adoption. Response: LAFCO – WILL NOT BE IMPLEMENTED LAFCO will not implement this recommendation because: --It may not be legal under state law Who Is Watching Our Special Districts? 69 2008–2009 Santa Cruz County Grand Jury Final Report with Responses --LAFCO has major pending applications to review and significant state mandates to comply with. LAFCO must use its limited resources to provide thorough reviews and public hearings on applications, and to meet the state mandates --The public and the Grand Jury should deal directly with any district they believe is failing to provide adequate transparency in conducting the public's business. Response: County of Santa Cruz Board of Supervisors – DEFERS TO LAFCO LAFCO was created to regulate the boundaries of cities and special districts. The County defers to the LAFCO Board to determine whether this recommendation falls within its purview.
-
R7Page 74For an example, see Response Report to the 2006-2007 Santa Cruz County Grand Jury Final Report: http://www.co.santa-cruz.ca.us/grandjury. If you have questions about the response report, please contact the Grand Jury by calling (831) 454-2099 or by email: [email protected]. Instructions to Respondents 73 2008–2009 Santa Cruz County Grand Jury Final Report with Responses Where to Respond