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Findings and Recommendations 8 findings
F1
The EKHCD Board Meeting agendas are posted in a timely manner on their website. Meetings are held in a small office on North Loop Boulevard and made accessible via Zoom. Unfortunately, the live audio-visual feed is poor quality and does not show all Board Members participating in the meeting. The audio-visual shortcomings can be distracting and frustrating, therefore making the flow of information difficult for the public to follow. Board Members sit facing the camera, meaning that they sit with their backs to the public. This makes it difficult for the Board to engage with community members.
Related Recommendations (1)
R1
Relocate the Board meetings to a room that can accommodate the entire Board and the public. Audio-visual equipment should be properly positioned so that all Board Members can be seen and heard at the same time anytime there is a quorum. This should be in place by September 1, 2024. (Finding 1)
F2
Not all previous meetings are available on the website for the public to review. In addition, some archived Zoom videos are poor quality, as the sound frequently cuts out, and Board Members in some meetings used only audio without the visual aspect. This does not meet the requirements of AB 2449.
Related Recommendations (1)
R2
Ensure both Board Meeting minutes and videos are made available to the public prior to the next meeting. This should be in place by September 1, 2024. (Findings 2 and 4)
F3
Board Meetings are scheduled for 5:00 pm and usually begin on time; however, one board member frequently arrives late or attends via Zoom from another location. This disrupts the flow of the meeting. Zooming from an alternate location raises the question by the Grand Jury, “Can this member be considered part of the quorum, and is the remote location open to the public?” This may not meet the requirements of AB 2449.
Related Recommendations (1)
R3
Change the Board Meetings to a time that is more convenient to accommodate all Board Members and the public. This will reduce meeting distractions (Board Members coming in late or having to leave the room) and ensure a quorum is met at all times. This should be completed by September 1, 2024. (Finding 3)
F4
Board Members generally follow the guidelines of The Brown Act, and their legal counsel provides guidance in times of uncertainty; however, Robert’s Rules of Order are not always followed. Some Board Members have been observed using cell phones throughout the meeting and engaging in side conversations, sometimes behind notepads preventing the public from hearing the topic of conversation. Some Board Members also sporadically leave the room for a few minutes, thus affecting the quorum status.
Related Recommendations (1)
R4
Establish and adhere to a decorum policy for the Board Meetings to ensure public transparency. Follow Robert’s Rules of Order, eliminate cell phone usage, and reduce side bar conversations during the meeting. This should be in place by September 1, 2024. (Finding 4)
F5
The aftermath of the fire at the building on Bay Avenue revealed that the building was not up to current building codes. The building sustained fire, water, and structural damages resulting in an unsafe condition. Asbestos was also detected during an inspection. Code upgrades may not be covered by their insurance claim, leaving the EKHCD to pay for the upgrades.
Related Recommendations (1)
R5
Work with California City’s Building Planning Department to ensure that repairs of the Bay Avenue Building will be up to current building codes. This should be initiated by September 1, 2024. (Finding 5)
F6
Annexation of Ridgecrest Regional Hospital will benefit Eastern Kern County communities with improved access to health care and governmental funding sources. During the annexation process, the EKHCD will have to update their Administrative Code of Operating Procedures and Municipal Service Review (MSR) to include the operations of RRH facilities and its other entities.
Related Recommendations (1)
R6
Develop and publish a strategic plan with the Ridgecrest Regional Hospital on how to use the annexation to benefit all residents of Eastern Kern County with convenient access to medical and health care. This should be in place by November 30, 2024. (Finding 6) NOTES: • The East Kern Health Care District should post a copy of this report where it will be available for public review. • Persons wishing to receive an email notification of newly released reports may sign up at: www.kerncounty.com/government/other-agencies/grand-jury • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website www.kerncounty.com/government/other- agencies/grand-jury RESPONSE DEADLINE: • REQUIRED WITHIN 90 DAYS FROM: East Kern Health Care District
F7
The EKHCD Board opted not to fill a position left vacant in 2023. This has led to voting difficulties and maintaining a quorum. Three Board Member positions will be open for election in November 2024, filling all five seats.
No recommendations for this finding
F8
The EKHCD website is well maintained; however, the Staff and Board Meeting Minutes webpages need to be updated regularly and made available to the public. COMMENTS: The Grand Jury appreciates the input provided by all interviewees, the cooperation of the East Kern Health Care District Board Members, and Ridgecrest Regional Hospital staff in preparation of this report. The District’s website was very useful in obtaining the needed documents, information, and links to important webpages. The Grand Jury looks forward to seeing how EKHCD navigates the annexation process with Ridgecrest Regional Hospital and hopes the rural Eastern Kern County will benefit with improved access to health care.
No recommendations for this finding
Comments 8
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CO1501(c)(3): is an organization that is a United States corporation, trust, unincorporated association or other type of organization exempt from federal income tax under section 501(c)(3) of Title 26 of the United States Code. It is one of the 29 types of 501(c) nonprofit organizations in the United States.
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CO2FPPC: Fair Political Practices Commission oversees many public officials that are required to take an ethics-training course to educate them on the ethical standards required of any individual who works in state or local government. Cities, counties and special districts in California are required by law (AB 1234, Chapter 700, Stats. of 2005) to provide ethics training to their local officials. The FPPC is responsible for administering and enforcing the Political Reform Act. It enacts regulations that implement the law, issues advice letters, and adopts advisory opinions that apply the Act as well as the regulations to particular circumstances.
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CO3LAFCo: Local Agency Formation Commissions are local agencies mandated by the State legislature to encourage the orderly formation of local governmental agencies, preserve agricultural land resources, and discourage urban sprawl.
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CO4MSR: Municipal Service Review is a comprehensive study designed to better inform LAFCo, local agencies, and the community about the provision of municipal services. Service reviews attempt to capture and analyze information about the governance structures and efficiencies of service providers, and to identify opportunities for greater coordination and cooperation between providers. The service review is a prerequisite to a sphere of influence determination and may also lead a LAFCo to take other actions under its authority.
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CO5Quorum: is the number (such as a majority) of officers or members of a body that when duly assembled is legally competent to transact business.
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CO6The Ralph M. Brown Act: is a California law that guarantees the public's right to attend and participate in meetings of local legislative bodies.
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CO7Robert’s Rules of Order: are a specific kind of parliamentary procedure rules to help groups to hold meetings.
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CO8Rural: in general, a rural area or a countryside is a geographic area that is located outside towns and cities. Typical rural areas have a low population density and small settlements. 2023-2024 Kern County Grand Jury Report 8 APPENDICES: Appendix A 2024 Map of the East Kern Health Care District Provided by LAFCo 2023-2024 Kern County Grand Jury Report 9 Appendix B: Possible Annexation to East Kern Health Care District Provided by EKHCD Minutes 2023-2024 Kern County Grand Jury Report 10 Appendix C: Photos Photo by Grand Jury 2023-2024 Kern County Grand Jury Report 11 EKHCD Properties, North Loop Blvd. Photos by Grand Jury EKHCD Property, Bay Ave. Photos by Grand Jury Fire Damage Repair, Bay Ave. Photos by Grand Jury 2023-2024 Kern County Grand Jury Report 12 Appendix D: Overview of AB 2449 Remote Participation Procedures To avail itself of the teleconferencing rules established under AB 2449, a public agency must comply with the following meeting requirements: