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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.
Amador County Grand Jury
• 2013-2014
F5. An elected trustee did actively oppose any Board investigation into the misconduct discussed at a Board meeting in
⚠️ 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: F14, F29
Findings and Recommendations 28 findings
F1
Page 78
Special Events are included in the County’s Encroachment Permit process.
Related Recommendations (1)
R1
Page 67
The complaint process against a trustee should be made clear to all District staff. Superintendent may keep a complainant’s identity confidential, except to the extent necessary to investigate the complaint. Board Policy 1312.1 prohibits retaliation against complainants. (Findings 1, 2, 3, 4)
F2
Page 78
There is no central location for information addressing the various agencies’, cities’, and departments’ special events permitting processes.
No recommendations for this finding
F3
Page 78
The County Public Works Department has a contact number to call in the event of an area left damaged or littered after a special event. Often residents call the Sheriff’s Department or do not call at all. The phone number for the County Public Works Department is 209-223-6429. Bike event in March, 2014 -
No recommendations for this finding
F4
Page 78
Special Events within the County often include more than one city Plastic arrows are 12”l x 3”w and have melted into and use connecting county and state roads between the cities. the pavement.
No recommendations for this finding
F5
Page 67
An elected trustee did actively oppose any Board investigation into the misconduct discussed at a Board meeting in June, 2013 as required by the Bylaw 9401 when the accusations of misconduct are brought before the Board.
Related Recommendations (1)
R2
Page 67
The present censure policy should be discarded. An independent 3 person board, appointed by the Board at the beginning of the school year, should evaluate all claims of inappropriate behavior by any elected trustee. Board policy should include consequences of inappropriate behavior if it is found to be true. (Findings 5, 6, 7)
F6
Page 67
The complaint was never investigated by the Board because the individual accused of misconduct was allowed to vote against further investigation.
No recommendations for this finding
F7
Page 67
The Bylaws did not indicate consequences nor were any consequences discussed by the Board for inappropriate behavior.
Related Recommendations (1)
R6
Page 67
Where appropriate, Bylaws should include specific language relating to the consequences when Bylaws are not followed. (Finding 7) __________________________________________________ { 63 }
F8
Page 67
Training is not required, but there is a wide disparity among trustees regarding the value of ongoing training and attendance of courses available.
Related Recommendations (1)
R3
Page 67
The Bylaws should mandate continuing training for all trustees. (Findings 8, 10)
F9
Page 67
While the various trustees interviewed were aware of the Bylaws pertaining to Board self evaluation and training, most were vague on specifics. All trustees interviewed thought the Board self evaluation a good idea but no one could state exactly the last time such an evaluation was undertaken or what the outcome was.
Related Recommendations (2)
R4
Page 67
The Board should conduct written annual self evaluations, presented publically during a Board meeting, where both the Board goals and a statement assessing whether those goals were met are presented. (Finding 9)
R5
Page 67
The public should have the opportunity to comment on the goals and evaluations of the Board. (Finding 9)
F10
Page 67
All trustees interviewed claimed to know what the Brown Act requires, yet violations continue to occur.
Related Recommendations (2)
R7
Page 68
The Grand Jury, as an interested party in the violations occurring with the Brown Act, is demanding that the Board “cure and correct” the actions it has taken in violation of the Brown Act per GC §54960.1 and avoid these violations in the future. (Finding 10)
R8
Page 68
The contract for legal counsel services should include meeting agenda review and approval prior to the posting of the agenda to avoid Brown Act violations on a fixed fee rate and not an hourly rate. (Finding 10, 11)
F11
Page 67
The contract for legal counsel includes “board governance” in the scope of work, however, absent from Board activity is any meaningful input from legal counsel regarding their monthly meetings.
No recommendations for this finding
F12
Page 105
EST. COST IN STATE HIGHWAY RIGHT-OF-WAY FUNDING SOURCE(S) FEDERAL STATE LOCAL PRIVATE
No recommendations for this finding
F13
Page 105
PRODUCT TYPE DIAMETER VOLTAGE / PSIG 14.CALTRANS' PROJECT CODE PIPES
No recommendations for this finding
F15
Page 105
Double Permit Parent Permit Number _______________________________________ Applicant's Reference Number / Utility Work Order Number _______________________________________
No recommendations for this finding
F16
Page 105
Have your plans been reviewed by another Caltrans branch? NO YES (If "YES") Who?____________________
No recommendations for this finding
F17
Page 105
Completely describe work to be done within STATE highway right-of-way : Attach 6 complete sets ofplans (folded to 8.5" x 11"), and any applicable specifications, calculations, maps, etc. All dimensions shall be in U.S. Customary (English) Units. 18.Is a city, county, or other agency involved in the approval of this project? YES (If "YES", check type of project and attach environmental documentation and conditions of approval. ) COMMERCIAL DEVELOPMENT BUILDING GRADING OTHER _______________________________________________________________ CATEGORICALLY EXEMPT NEGATIVE DECLARATION ENVIRONMENTAL IMPACT REPORT OTHER _____________________________ NO (If "NO", please check the category below which best describes the project, and complete of this application.) DRIVEWAY OR ROAD APPROACH, RECONSTRUCTION, MAINTENANCE, OR RESURFACING FENCE PUBLIC UTILITY MODIFICATIONS, EXTENSIONS, HOOKUPS MAILBOX FLAGS, SIGNS, BANNERS, DECORATIONS, PARADES AND CELEBRATIONS EROSION CONTROL LANDSCAPING OTHER ______________________________________________________________________________ 19.Will this project cause a substantial change in the significance of a historical resource (45 years or older), or cultural resource? YES NO (If "YES", provide a description) 20.Is this project on an existing highway or street where the activity involves removal of a scenic resource including a significant tree or stand of trees, a rock outcropping or a historic building? YES NO (If "YES", provide a description)
No recommendations for this finding
F18
Is a city, county, or other agency involved in the approval of this project? DRIVEWAY OR ROAD APPROACH, RECONSTRUCTION, MAINTENANCE, OR RESURFACING PUBLIC UTILITY MODIFICATIONS, EXTENSIONS, HOOKUPS FLAGS, SIGNS, BANNERS, DECORATIONS, PARADES AND CELEBRATIONS ENVIRONMENTAL IMPACT REPORT NEGATIVE DECLARATION CATEGORICALLY EXEMPT
No recommendations for this finding
F19
Will this project cause a substantial change in the significance of a historical resource (45 years or older), or cultural resource?
No recommendations for this finding
F20
Is this project on an existing highway or street where the activity involves removal of a scenic resource including a significant tree or stand of trees, a rock outcropping or a historic building? YES NO (If "YES", provide a description) (If "YES", provide a description) NO (If "NO", please check the category below which best describes the project, and complete of this application.) YES (If "YES", check type of project and attach environmental documentation and conditions of approval. )
No recommendations for this finding
F21
Page 105
Is work being done on applicant's property? YES NO (If "YES", attach site and grading plans.) ADA NOTICE:For individuals with sensory disabilities, this document is available in alternate formats. For information, call (916) 654–6410, TTY 711, or write to Records and Forms Management, 11_2_0 _N_ S_tre_e_t, _M_S_–_89_, _Sa_c_ra_m_en_to_,_ C_A_ 9_58_1_4_.__________________________________ { 102 } STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION STANDARD ENCROACHMENT PERMIT APPLICATION PERMIT NO. TR-0100 (REV.07/2007) 22.Will this proposed project require the disturbance of soil? YES NO If "YES", estimate the area within State Highway right-of-way in square feet AND acres: _____________________ (ft2) AND ______________________ (acres) estimate the area outside of State Highway right-of-way in square feet AND acres: ______________________ (ft2) AND _____________________ (acres) 23.Will this proposed project require dewatering? YES NO If "YES", estimate total gallons AND gallons/month.__________________________ (gallons) AND __________________________ (gallons/month) SOURCE*: STORM WATER NON-STORM WATER (*See Caltrans SWMP for definitions of non-storm water discharge: http://www.dot.ca.gov/hq/env/stormwater/index.htm ) 24.How will any storm water or ground water be disposed of from within or near the limits of this proposed project? Storm Drain System Combined Sewer / Storm System Storm Water Retention Basin Other (explain): _______________________________________________________________________________________________________________________ PLEASE READ THE FOLLOWING CLAUSES PRIOR TO SIGNING THIS ENCROACHMENT PERMIT APPLICATION. The applicant, understands and herein agrees that an encroachment permit can be denied, and/or a bond required for non- payment of prior or present encroachment permit fees. Encroachment Permit fees may still be due when an application is withdrawn or denied, and that a denial may be appealed, in accordance with the California Streets and Highways Code, Section 671.5. All work shall be done in accordance with Caltrans rules and regulations subject to inspection and approval. The applicant, understands and herein agrees to the general provisions, special provisions and conditions of the encroachment permit, and to indemnify and hold harmless the State, its officers, directors, agents, employees and each of them (Indemnitees) from and against any and all claims, demands, causes of action, damages, costs, expenses, actual attorneys’ fees, judgments, losses and liabilities of every kind and nature whatsoever (Claims) arising out of or in connection with the issuance and/or use of this encroachment permit and the placement and subsequent operation and maintenance of said encroachment for: 1) bodily injury and/or death to persons including but not limited to the Applicant, the State and its officers, directors, agents and employees, the Indemnities, and the public; and 2) damage to property of anyone. Except as provided by law, the indemnification provisions stated above shall apply regardless of the existence or degree of fault of Indemnities. The Applicant, however, shall not be obligated to indemnify Indemnities for Claims arising from the sole negligence and willful misconduct of State, its officers, directors, agents or employees. An encroachment permit is not a property right and does not transfer with the property to a new owner DISCHARGES OF STORM WATER AND NON-STORM WATER: Work within State Highway right-of-way shall be conducted in compliance with all applicable requirements of the National Pollutant Discharge Elimination System (NPDES) permit issued to the Department of Transportation (Department), to govern the discharge of storm water and non-storm water from its properties. Work shall also be in compliance with all other applicable Federal, State and Local laws and regulations, and with the Department’s Encroachment Permits Manual and encroachment permit. Compliance with the Departments NPDES permit requires amongst other things, the preparation and submission of a Storm Water Pollution Protection Plan (SWPPP), or a Water Pollution Control Program (WPCP), and the approval of same by the appropriate reviewing authority prior to the start of any work. Information on the requirements may also be reviewed on the Department's Construction Website at: http://www.dot.ca.gov/hq/construc/stormwater
No recommendations for this finding
F22
Will this proposed project require the disturbance of soil? YES NO If "YES", estimate the area within State Highway right-of-way in square feet AND acres: _____________________ (ft2) AND ______________________ (acres) estimate the area outside of State Highway right-of-way in square feet AND acres: ______________________ (ft2) AND _____________________ (acres)
No recommendations for this finding
F23
Will this proposed project require dewatering? YES NO If "YES", estimate total gallons AND gallons/month.__________________________ (gallons) AND __________________________ (gallons/month) SOURCE*: STORM WATER NON-STORM WATER (*See Caltrans SWMP for definitions of non-storm water discharge: http://www.dot.ca.gov/hq/env/stormwater/index.htm )
No recommendations for this finding
F24
How will any storm water or ground water be disposed of from within or near the limits of this proposed project? Storm Drain System Combined Sewer / Storm System Storm Water Retention Basin Other (explain): _______________________________________________________________________________________________________________________ ____________________________________________________________ { 103 } FEE CALCULATION -- FOR CALTRANS USE CASH CREDIT CARD EXEMPT CALCULATED BY (1) (2) PROJECT CODE __ __ __ __ __ __ DEFERRED BILLING (Utility) REVIEW 1. _______ HOURS @ $________ * 2. _______ HOURS @ $________ * INSPECTION 1. _______ HOURS @ $________ * 2. _______ HOURS @ $________ * FIELD WORK _________ HOURS @ $________ *
No recommendations for this finding
F25
Page 106
NAME of APPLICANT or ORGANIZATION (Print or Type) E-MAIL ADDRESS ADDRESS of APPLICANT or ORGANIZATION WHERE PERMIT IS TO BE MAILED (Include City and Zip Code) PHONE NUMBER FAX NUMBER
No recommendations for this finding
F26
Page 106
NAME of AUTHORIZED AGENT / ENGINEER (Print or Type) IS LETTER OF AUTHORIZATION ATTACHED?E-MAIL ADDRESS YES NO ADDRESS of AUTHORIZED AGENT / ENGINEER (Include City and Zip Code) PHONE NUMBER FAX NUMBER
No recommendations for this finding
F27
Page 106
SIGNATURE of APPLICANT or AUTHORIZED AGENT 28. PRINT OR TYPE NAME 29.TITLE 30. DATE ____________________________________________________________ { 103 } STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION STANDARD ENCROACHMENT PERMIT APPLICATION PERMIT NO. TR-0100 (REV. 07/2007) WORK ORDER/REFERENCE NUMBER FEE CALCULATION -- FOR CALTRANS USE CASH CREDIT CARD NAME ON CARD ____________________________ PHONE NUMBER _________________ CHECK NUMBER _________ NAME ON CHECK ___________________________ PHONE NUMBER _________________ EXEMPT PROJECT CODE __ __ __ __ __ __ DEFERRED BILLING (Utility) CALCULATED BY (1) (2) REVIEW 1. FEE / DEPOSIT DATE 2. FEE / DEPOSIT DATE TOTAL FEE / DEPOSIT 1. _______ HOURS @ $________ * $______________ $______________ 2. _______ HOURS @ $________ * $______________ $______________ INSPECTION 1. FEE / DEPOSIT DATE 2. FEE / DEPOSIT DATE TOTAL FEE / DEPOSIT $______________ 1. _______ HOURS @ $________ * $______________ 2. _______ HOURS @ $________ * $______________ $______________ FIELD WORK _________ HOURS @ $________ * $______________ $______________ $______________ DEPOSIT DATE DEPOSIT DATE DEPOSIT EQUIPMENT & MATERIALS $______________ $______________ $______________ CASH DEPOSIT IN LIEU OF BOND $______________ $______________ $______________ TOTAL COLLECTED $______________ $______________ CASHIER'S INITIALS ______________ ______________ $______________ * The Standard Hourly Rate is set annually by HQ Encroachment Permits. District Office staff do not have authority to modify this rate. DATE AMOUNT PERFORMANCE BOND $ DATE AMOUNT PAYMENT BOND $ AMOUNT LIABILITY INSURANCE REQUIRED? YES NO $ ____________________________________________________________ { 104 } STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION STANDARD ENCROACHMENT PERMIT APPLICATION PERMIT NO. TR-0100 (REV. 07/2007) INSTRUCTIONS for completing This page needs to be completed when the proposed project DOES NOT involve a City, County or other public agency. Your answers to these questions will assist departmental staff in identifying any physical, biological, social or economic resources that may be affected by your proposed project within the State highway right-of-way and to determine which type of environmental studies may be required to approve your application for an encroachment permit. It is the applicant's responsibility for the production of all required environmental documentation and supporting studies and in some cases this may be costly and time-consuming. If possible, attach photographs of the location of the proposed project. Please answer these questions to the best of your ability. Provide a description of any "YES" answers (type, name, number, etc.)
No recommendations for this finding
F28
PRINT OR TYPE NAME E-MAIL ADDRESS 29.TITLE
No recommendations for this finding
F30
DATE PLEASE READ THE FOLLOWING CLAUSES PRIOR TO SIGNING THIS ENCROACHMENT PERMIT APPLICATION. The applicant, understands and herein agrees that an encroachment permit can be denied, and/or a bond required for non- payment of prior or present encroachment permit fees. Encroachment Permit fees may still be due when an application is withdrawn or denied, and that a denial may be appealed, in accordance with the California Streets and Highways Code, Section 671.5. All work shall be done in accordance with Caltrans rules and regulations subject to inspection and approval. The applicant, understands and herein agrees to the general provisions, special provisions and conditions of the encroachment permit, and to indemnify and hold harmless the State, its officers, directors, agents, employees and each of them (Indemnitees) from and against any and all claims, demands, causes of action, damages, costs, expenses, actual attorneys’ fees, judgments, losses and liabilities of every kind and nature whatsoever (Claims) arising out of or in connection with the issuance and/or use of this encroachment permit and the placement and subsequent operation and maintenance of said encroachment for: 1) bodily injury and/or death to persons including but not limited to the Applicant, the State and its officers, directors, agents and employees, the Indemnities, and the public; and 2) damage to property of anyone. Except as provided by law, the indemnification provisions stated above shall apply regardless of the existence or degree of fault of Indemnities. The Applicant, however, shall not be obligated to indemnify Indemnities for Claims arising from the sole negligence and willful misconduct of State, its officers, directors, agents or employees. An encroachment permit is not a property right and does not transfer with the property to a new owner DISCHARGES OF STORM WATER AND NON-STORM WATER: Work within State Highway right-of-way shall be conducted in compliance with all applicable requirements of the National Pollutant Discharge Elimination System (NPDES) permit issued to the Department of Transportation (Department), to govern the discharge of storm water and non-storm water from its properties. Work shall also be in compliance with all other applicable Federal, State and Local laws and regulations, and with the Department’s Encroachment Permits Manual and encroachment permit. Compliance with the Departments NPDES permit requires amongst other things, the preparation and submission of a Storm Water Pollution Protection Plan (SWPPP), or a Water Pollution Control Program (WPCP), and the approval of same by the appropriate reviewing authority prior to the start of any work. Information on the requirements may also be reviewed on the Department's Construction Website at: http://www.dot.ca.gov/hq/construc/stormwater PHONE NUMBER ADDRESS of APPLICANT or ORGANIZATION WHERE PERMIT IS TO BE MAILED (Include City and Zip Code) FAX NUMBER E-MAIL ADDRESS PHONE NUMBER FAX NUMBER IS LETTER OF AUTHORIZATION ATTACHED? YES NO PERMIT NO.
No recommendations for this finding