Stanislaus County Grand Jury
• 2010-2011
Stanislaus County Civil Grand Jury City of Patterson Case numbers 11-01c, 11-03c, 11-05c, & 11-06c
⚠️ 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 5 findings
F1
The IPCA neglected to advise the City Council of Brown Act violations.
Related Recommendations (1)
R1
Based on this report, the City Council of Patterson file a complaint with the California State Bar Association. REQUEST FOR RESPONSES Patterson City Council. REFERENCES • California Fair Political Practices Commission http://www.fppc.ca.gov/. • California Government Code. • California Penal Code. 7 • City of Patterson. (2007). City of Patterson - City Council Handbook. Approved February 20, 2007 by City Council Members of Patterson. • City of Patterson, California. http://ci.patterson.ca.us/. • City of Patterson, Municipal Code. • Correspondence voluntarily submitted by witnesses. • Correspondence acquired from certified letter to commercial developers. • Documents obtained via the Public Records Act. • Farnow v. Superior Court (San Mateo County Grand Jury)(1990) 226 Cal.App.3d 481; 276 Cal.Rptr. 275. Reports issued by the Civil Grand Jury do not identify individuals interviewed. Penal Code § 929 requires that reports of the Grand Jury not contain the name of any person, or facts leading to the identity of any person who provides information to the Civil Grand Jury. The California State Legislature has stated that it intends the provisions of Penal Code § 929 prohibiting disclosure of witness identities to encourage full candor in testimony in Civil Grand Jury investigations by protecting the privacy and confidentiality of those who participate in any Civil Grand Jury investigation. RECUSAL ADVISEMENT This report of cases 11-01C through 11-08C and 11-18C are issued by the 2010/2011 Stanislaus County Civil Grand Jury with the following exception: One (1) member of the grand jury volunteered to recuse his/her self due to a perceived conflict of interest. This grand juror was excluded from all phases of the investigation, including interviews, deliberations, voting, and in the writing and approval of this report. None of the information included in this report was obtained from the excluded grand juror as a means of mitigating a potential bias to the integrity of this report. ATTACHMENT #1 NOTICE IS HEREBY GIVEN that a special meeting of the City Council of the City of Patterson will be held on Monday, October 26, 2009, commencing at 6:00 p.m. in the City Council Chambers, 1 Plaza, Patterson, California. Said special meeting shall be for the purpose of holding a Closed Session: · City Manager Evaluation/Potential Action (Pursuant to Government Code Section 54957). · Conference with Legal Counsel, Anticipated Litigation. Significant exposure to Litigation pursuant to subdivision (b) of Section 54956.9: (1 case). The special closed session meeting of the City Council of the City of Patterson was called to order in the City Council Chambers, Closed Session Room at 6:00 p.m. by Mayor Campo. PRESENT: Councilmember Smith, Councilmember Farinha, Councilmember Cuellar, Councilmember Shelton and Mayor Campo (5) STAFF: City Attorney Logan and City Manager Morris (2) At 8:25 p.m. after Closed Session, Mayor Campo announced the following: In regards to the Item of City Manager Evaluation/Potential Action (Pursuant to Government Code Section 54957). There was no action taken by Council. In regards to the Item of Conference with Legal Counsel, Anticipated Litigation. Significant exposure to Litigation pursuant to subdivision (b) of Section 54956.9: (1 case). The City Council voted 3-2 to reimburse John Ramos $27,101.74 for legal fees incurred in his appeal of the Health Care District zoning issue, subject to verification of cost. Councilmembers Smith, Farinha and Mayor Campo voted yes. Councilmembers Cuellar and Shelton voted no. There being no further business, the special closed session meeting of the City Council of the City of Patterson of October 26, 2009 was adjourned at 8:30 p.m. Approved by the Patterson City Council on November 3, 2009. 9 10
F2
The IPCA should have recused himself/herself from providing legal advice to Council member B after having previously testified about evidence contained within this report.
Related Recommendations (1)
R1
Based on this report, the City Council of Patterson file a complaint with the California State Bar Association. REQUEST FOR RESPONSES Patterson City Council. REFERENCES • California Fair Political Practices Commission http://www.fppc.ca.gov/. • California Government Code. • California Penal Code. 7 • City of Patterson. (2007). City of Patterson - City Council Handbook. Approved February 20, 2007 by City Council Members of Patterson. • City of Patterson, California. http://ci.patterson.ca.us/. • City of Patterson, Municipal Code. • Correspondence voluntarily submitted by witnesses. • Correspondence acquired from certified letter to commercial developers. • Documents obtained via the Public Records Act. • Farnow v. Superior Court (San Mateo County Grand Jury)(1990) 226 Cal.App.3d 481; 276 Cal.Rptr. 275. Reports issued by the Civil Grand Jury do not identify individuals interviewed. Penal Code § 929 requires that reports of the Grand Jury not contain the name of any person, or facts leading to the identity of any person who provides information to the Civil Grand Jury. The California State Legislature has stated that it intends the provisions of Penal Code § 929 prohibiting disclosure of witness identities to encourage full candor in testimony in Civil Grand Jury investigations by protecting the privacy and confidentiality of those who participate in any Civil Grand Jury investigation. RECUSAL ADVISEMENT This report of cases 11-01C through 11-08C and 11-18C are issued by the 2010/2011 Stanislaus County Civil Grand Jury with the following exception: One (1) member of the grand jury volunteered to recuse his/her self due to a perceived conflict of interest. This grand juror was excluded from all phases of the investigation, including interviews, deliberations, voting, and in the writing and approval of this report. None of the information included in this report was obtained from the excluded grand juror as a means of mitigating a potential bias to the integrity of this report. ATTACHMENT #1 NOTICE IS HEREBY GIVEN that a special meeting of the City Council of the City of Patterson will be held on Monday, October 26, 2009, commencing at 6:00 p.m. in the City Council Chambers, 1 Plaza, Patterson, California. Said special meeting shall be for the purpose of holding a Closed Session: · City Manager Evaluation/Potential Action (Pursuant to Government Code Section 54957). · Conference with Legal Counsel, Anticipated Litigation. Significant exposure to Litigation pursuant to subdivision (b) of Section 54956.9: (1 case). The special closed session meeting of the City Council of the City of Patterson was called to order in the City Council Chambers, Closed Session Room at 6:00 p.m. by Mayor Campo. PRESENT: Councilmember Smith, Councilmember Farinha, Councilmember Cuellar, Councilmember Shelton and Mayor Campo (5) STAFF: City Attorney Logan and City Manager Morris (2) At 8:25 p.m. after Closed Session, Mayor Campo announced the following: In regards to the Item of City Manager Evaluation/Potential Action (Pursuant to Government Code Section 54957). There was no action taken by Council. In regards to the Item of Conference with Legal Counsel, Anticipated Litigation. Significant exposure to Litigation pursuant to subdivision (b) of Section 54956.9: (1 case). The City Council voted 3-2 to reimburse John Ramos $27,101.74 for legal fees incurred in his appeal of the Health Care District zoning issue, subject to verification of cost. Councilmembers Smith, Farinha and Mayor Campo voted yes. Councilmembers Cuellar and Shelton voted no. There being no further business, the special closed session meeting of the City Council of the City of Patterson of October 26, 2009 was adjourned at 8:30 p.m. Approved by the Patterson City Council on November 3, 2009. 9 10
F3
The IPCA violated the Stanislaus County Civil Grand Jury Oath and Admonition when he/she informed Council member B of his/her exposure to this case.
Related Recommendations (1)
R1
Based on this report, the City Council of Patterson file a complaint with the California State Bar Association. REQUEST FOR RESPONSES Patterson City Council. REFERENCES • California Fair Political Practices Commission http://www.fppc.ca.gov/. • California Government Code. • California Penal Code. 7 • City of Patterson. (2007). City of Patterson - City Council Handbook. Approved February 20, 2007 by City Council Members of Patterson. • City of Patterson, California. http://ci.patterson.ca.us/. • City of Patterson, Municipal Code. • Correspondence voluntarily submitted by witnesses. • Correspondence acquired from certified letter to commercial developers. • Documents obtained via the Public Records Act. • Farnow v. Superior Court (San Mateo County Grand Jury)(1990) 226 Cal.App.3d 481; 276 Cal.Rptr. 275. Reports issued by the Civil Grand Jury do not identify individuals interviewed. Penal Code § 929 requires that reports of the Grand Jury not contain the name of any person, or facts leading to the identity of any person who provides information to the Civil Grand Jury. The California State Legislature has stated that it intends the provisions of Penal Code § 929 prohibiting disclosure of witness identities to encourage full candor in testimony in Civil Grand Jury investigations by protecting the privacy and confidentiality of those who participate in any Civil Grand Jury investigation. RECUSAL ADVISEMENT This report of cases 11-01C through 11-08C and 11-18C are issued by the 2010/2011 Stanislaus County Civil Grand Jury with the following exception: One (1) member of the grand jury volunteered to recuse his/her self due to a perceived conflict of interest. This grand juror was excluded from all phases of the investigation, including interviews, deliberations, voting, and in the writing and approval of this report. None of the information included in this report was obtained from the excluded grand juror as a means of mitigating a potential bias to the integrity of this report. ATTACHMENT #1 NOTICE IS HEREBY GIVEN that a special meeting of the City Council of the City of Patterson will be held on Monday, October 26, 2009, commencing at 6:00 p.m. in the City Council Chambers, 1 Plaza, Patterson, California. Said special meeting shall be for the purpose of holding a Closed Session: · City Manager Evaluation/Potential Action (Pursuant to Government Code Section 54957). · Conference with Legal Counsel, Anticipated Litigation. Significant exposure to Litigation pursuant to subdivision (b) of Section 54956.9: (1 case). The special closed session meeting of the City Council of the City of Patterson was called to order in the City Council Chambers, Closed Session Room at 6:00 p.m. by Mayor Campo. PRESENT: Councilmember Smith, Councilmember Farinha, Councilmember Cuellar, Councilmember Shelton and Mayor Campo (5) STAFF: City Attorney Logan and City Manager Morris (2) At 8:25 p.m. after Closed Session, Mayor Campo announced the following: In regards to the Item of City Manager Evaluation/Potential Action (Pursuant to Government Code Section 54957). There was no action taken by Council. In regards to the Item of Conference with Legal Counsel, Anticipated Litigation. Significant exposure to Litigation pursuant to subdivision (b) of Section 54956.9: (1 case). The City Council voted 3-2 to reimburse John Ramos $27,101.74 for legal fees incurred in his appeal of the Health Care District zoning issue, subject to verification of cost. Councilmembers Smith, Farinha and Mayor Campo voted yes. Councilmembers Cuellar and Shelton voted no. There being no further business, the special closed session meeting of the City Council of the City of Patterson of October 26, 2009 was adjourned at 8:30 p.m. Approved by the Patterson City Council on November 3, 2009. 9 10
F4
The IPCA admitted that the IPCM and CDD most likely lost their jobs due to the zoning issues surrounding the HCD.
No recommendations for this finding
F5
Based upon investigative functions, it is clear that the IPCA should have recused himself/herself from any discussions, legal advice, or guidance concerning the landlord/developer situation. This is based upon the testimony that the IPCA had declared himself a hostile witness to his client, the City of Patterson. RECOMMENDATIONS
Related Recommendations (1)
R1
Based on this report, the City Council of Patterson file a complaint with the California State Bar Association. REQUEST FOR RESPONSES Patterson City Council. REFERENCES • California Fair Political Practices Commission http://www.fppc.ca.gov/. • California Government Code. • California Penal Code. 7 • City of Patterson. (2007). City of Patterson - City Council Handbook. Approved February 20, 2007 by City Council Members of Patterson. • City of Patterson, California. http://ci.patterson.ca.us/. • City of Patterson, Municipal Code. • Correspondence voluntarily submitted by witnesses. • Correspondence acquired from certified letter to commercial developers. • Documents obtained via the Public Records Act. • Farnow v. Superior Court (San Mateo County Grand Jury)(1990) 226 Cal.App.3d 481; 276 Cal.Rptr. 275. Reports issued by the Civil Grand Jury do not identify individuals interviewed. Penal Code § 929 requires that reports of the Grand Jury not contain the name of any person, or facts leading to the identity of any person who provides information to the Civil Grand Jury. The California State Legislature has stated that it intends the provisions of Penal Code § 929 prohibiting disclosure of witness identities to encourage full candor in testimony in Civil Grand Jury investigations by protecting the privacy and confidentiality of those who participate in any Civil Grand Jury investigation. RECUSAL ADVISEMENT This report of cases 11-01C through 11-08C and 11-18C are issued by the 2010/2011 Stanislaus County Civil Grand Jury with the following exception: One (1) member of the grand jury volunteered to recuse his/her self due to a perceived conflict of interest. This grand juror was excluded from all phases of the investigation, including interviews, deliberations, voting, and in the writing and approval of this report. None of the information included in this report was obtained from the excluded grand juror as a means of mitigating a potential bias to the integrity of this report. ATTACHMENT #1 NOTICE IS HEREBY GIVEN that a special meeting of the City Council of the City of Patterson will be held on Monday, October 26, 2009, commencing at 6:00 p.m. in the City Council Chambers, 1 Plaza, Patterson, California. Said special meeting shall be for the purpose of holding a Closed Session: · City Manager Evaluation/Potential Action (Pursuant to Government Code Section 54957). · Conference with Legal Counsel, Anticipated Litigation. Significant exposure to Litigation pursuant to subdivision (b) of Section 54956.9: (1 case). The special closed session meeting of the City Council of the City of Patterson was called to order in the City Council Chambers, Closed Session Room at 6:00 p.m. by Mayor Campo. PRESENT: Councilmember Smith, Councilmember Farinha, Councilmember Cuellar, Councilmember Shelton and Mayor Campo (5) STAFF: City Attorney Logan and City Manager Morris (2) At 8:25 p.m. after Closed Session, Mayor Campo announced the following: In regards to the Item of City Manager Evaluation/Potential Action (Pursuant to Government Code Section 54957). There was no action taken by Council. In regards to the Item of Conference with Legal Counsel, Anticipated Litigation. Significant exposure to Litigation pursuant to subdivision (b) of Section 54956.9: (1 case). The City Council voted 3-2 to reimburse John Ramos $27,101.74 for legal fees incurred in his appeal of the Health Care District zoning issue, subject to verification of cost. Councilmembers Smith, Farinha and Mayor Campo voted yes. Councilmembers Cuellar and Shelton voted no. There being no further business, the special closed session meeting of the City Council of the City of Patterson of October 26, 2009 was adjourned at 8:30 p.m. Approved by the Patterson City Council on November 3, 2009. 9 10
Agency Responses 1
Government agencies' official responses to this report's findings and recommendations. Click on a response to see the structured breakdown.