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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.

Fresno County Grand Jury • 2003-2004 • Agency Response

City of Mendota

Published: June 29, 2004 90 pages
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Note: Missing finding numbers detected: F11, F12, F13, F14, F15, F16, F17, F18, F19, F20, F21, F22, F23, F24

Findings 14 findings

F1
For in class use, some high school classrooms maintain a classroom set" of textbooks to give each student access to a textbook.
F2
At some school sites, enough textbooks are ordered to assign each student a textbook for use outside the classroom.
F3
High school libraries also have classroom textbooks available for students to use on site or to check out for home use. J. The process for acquisition and delivery of textbooks to school sites is adequate K. School site department heads are given a stipend for handling extra responsibilities, including ordering, distribution, care and collection of books L. Responsibility for textbooks at the school site is as follows:
F4
Wears gang clothing, symbols, etc. to identify with a specific gang 62
F5
Student 33 M. In some schools, up to 30% of the textbooks are not returned at the end of the school year. Some textbooks may be returned in damaged condition, making them unusable. N. Textbooks cost $50.00 to $150.00 each. O. Some schools do not reconcile the inventory of textbooks at the beginning of the school year with the number of textbooks returned at the end of the year. This information is needed in order to accurately order textbooks for the next school year. P. No uniform district wide system of unit control exists for textbooks. Some school site librarians have independently installed a packaged software stock keeping unit (SKU) system. Q. District wide funding for textbooks decreased from $9.2 million in 2001 to $3.3 million in 2003. R. Textbook funds are allocated on a per student basis. Additional textbook funds are available for Title One Schools (a majority of students are from lower socioeconomic disadvantaged families). Other special funds such as grant programs, pilot programs and lottery funds may also be available for textbooks. S. California will only fund programs that use state recommended textbooks. Currently, the state provides 80% of the funds for textbooks. T. Each school site is assigned a designated number of custodians to provide custodial care and make minor repairs. U. If a custodian is absent, a replacement generally is not assigned. V. A custodian’s absence may result in reduced campus cleanliness and maintenance. W. Some principals try to limit class size to 38 students. Other principals allow teachers more latitude in determining class size. X. Educators indicate students perform better when parents are active, informed and involved. Y. The FUSD requires that principals control all aspects of school site management. There is limited oversight on the part of the district. Z. Some serious site problems have not been reported to the FUSD Board of Education. Conclusions A. Concerns regarding the rodent and cockroach infestation were exaggerated. Corrective procedures were and remain in place when a problem occurs. B. A shortage of custodial help results in on site services being delayed and deterioration of facilities C. Involvement of FUSD administration and additional funding will be required to correct the custodial and maintenance problems. D. In order to correct a shortage, principals and staff can acquire extra desks from the central warehouse. There are also informal agreements between some schools to share desks when needed. E. Desk and furniture repair and replacement are provided in the normal course of school operations. A delay may occur as a result of teacher apathy in the timely reporting of problems. F. Planned control of class size has not been addressed in a formal manner by the district administration and school principals. G. Problems related to textbooks exist throughout the school system. Some of these problems relate to funding, inventory control and replacement of textbooks in a timely manner H. A district wide procedure for retrieving school textbooks is needed. This is especially true for schools with a high student transient rate. I. In FUSD schools, the principals are responsible for complete school site management. Some principals lack management skills. J. Having created autonomous site management, the FUSD has distanced itself from oversight responsibilities of the individual campuses. K. Each year the loss, defacing and theft of textbooks has caused a significant dollar loss within the district. L. FUSD administration is not aware of the annual dollar amount of lost or unusable textbooks. M. Schools with a high student transient rate lose more books than schools with a stable student body. N. Since 1993, there has been no change in district wide policy regarding accountability for textbooks. Upon review, the 1993 policy was found to be obsolete.
F6
Name is on gang document, hit list, or gang-related graffiti
F7
Is identified as a gang member by a reliable source (Dept. of Corrections, Probation, Parole, Gang Unit)
F8
Arrested in the company of identified gang members or associates
F9
Corresponds with know gang members or writes and/or receives correspondence about gang activities
F10
Writes about gangs (graffiti) on walls, books, papers, etc. H. The Fresno County Sheriff’s Department’s gang validation criteria are:
F25
A system needs to be put in place to control the inventory of acquired properties. Controls should include a reason for acquisition and the anticipated date of disposition.
F26
Properties currently in inventory not scheduled for disposition or earmarked for near term projects be offered for sale and the proceeds conveyed to the City of Fresno to reduce the obligations of the RDA.
F27
The composition of the RDA board be changed to give the Mayor’s office majority representation without a change in the total number of board members.
F28
The operations of the RDA need to be made more transparent to city officials and the general public. FRESNO COUNTY COMMITTEE Ed O’Neill, Chair Henry Chin Robert Gutierrez Paul O’Rourke Yvonne Setencich Sam Yelenick 20 FRESNO COUNTY COMMITTEE INTRODUCTION The County Committee of the 2003/2004 Fresno County Grand Jury responded to several citizens’ complaints regarding cities within the County and focused on issues impacting the entire community. County departments and special districts were reviewed. The committee interviewed a number of officials, department heads and employees of the County. The committee proceeded with its investigation culminating in these reports: · The City of Mendota · Land Retirement in Western Fresno County 21 CITY OF MENDOTA Introduction In response to a complaint from a number of citizens of the City of Mendota (City) alleging various financial and personnel management improprieties, the 2003/2004 Fresno County Grand Jury undertook an investigation. During this process, elected officials, city officials under contract and city employees were interviewed. Findings A. Mendota is a general law city of approximately 8,000 residents governed by a five-person City Council, which elects a mayor from its membership. In fiscal year 2003/2004, the City is operating with a general fund budget of $1.2 million. B. The unemployment rate in the City is approximately 35%. C. There have been fourteen city managers within the past ten years. D. Currently, the City does not have a city manager. It is managed by a committee of senior staff reporting to the mayor. The City is conducting a search for a city manager. E. The total number of full-time City employees is approximately twelve. F. In the past 18 months, there have been a number of employees terminated. Some terminated employees were rehired and then dismissed again for other reasons. G. The City maintains two credit cards with Stockmen’s Bank. One is designated for use by the mayor and the other by the City manager. H. In the year 2002/2003, the mayor used his assigned credit card for personal purchases. He subsequently repaid the City. I. In January, 2003, the City council, at the request of the City manager, adopted a resolution authorizing a relief effort for the city of Ixtlahuacan in the State of Colima, Mexico that experienced a major earthquake. The City manager was involved in property development in Ixtlahuacan, Colima. J. The City manager and mayor, without City council approval, were advanced $5,000 of City funds for relief of earthquake victims. The check was made payable to a liquor store that waived the money order fees and converted it into fifty $100 money orders. K. The City has a written policy authorizing the finance director to issue a check in the amount not exceeding $5,000 for emergencies benefiting the citizens of the City. There is no policy authorizing expenditures for the benefit of other cities. L. The City manager solicited the relief funds from private contributors. The fund balance never reached the anticipated $5,000 and the City manager personally contributed $705 to cover the shortfall. M. Copies of records to support the purchase of these money orders are maintained as part of the audit trail, but there is no practical way of verifying the receipt of these funds by the earthquake victims. N. The City manager made an unauthorized trip to Ixtlahuacan using the City credit card. Ultimately, he repaid the charges for the trip. O. The City had received Community Development Block Grant (CDBG) funds to renovate its community center. It contracted for this work improperly, by not using a formal Request For Proposal process, and the contractor was not required to pay prevailing wages. This impropriety resulted in the inability of the City to use the CDBG funds as planned. Consequently, funds had to be drawn from the General Fund. P. The City has funded Christmas parties for employees and elected officials with donations solicited from vendors doing business with the City. Q. The City attorney’s function is currently being performed by an independent attorney under a retainer contract dated July 14, 1998. R. The City entered into another contract, dated June 8, 1999 with a law firm for legal services the City needed on a water project with the U.S. Department of Agriculture. The contracted services are to be paid on an hourly basis. The current City attorney is a member of the contracted law firm. S. The City attorney is currently being compensated for work performed as City attorney under the terms of the hourly rate contract and not on the retainer contract. T. In the first six months of FY 2004, the City paid attorney’s fees of $319,141. Conclusions A. The high turnover rate in city managers has created confusion among the City’s staff. B. The use of a city credit card for personal purposes is in violation of existing City policy. C. The relief effort to assist Ixtlahuacan, Mexico, violated numerous City ordinances and policies. D. The issuance of a $5,000 City check for the humanitarian effort is not consistent with City policy on emergency disbursements. E. The oversight in the use of grant monies is lacking. F. Soliciting contributions from city contractors to fund social events conveys to the public an impression of impropriety. G. The fees paid to the City attorney for his services as City attorney are not based on his retainer contract executed on July 14, 1998.

Recommendations 100

Conclusions 23