Stanislaus County Grand Jury • 2009-2010

Empire Sanitary District Civil Grand Jury Case Nos. 10-12c, 10-14c, 10-15c and 10-16c

Published: June 30, 2010 7 pages
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Findings and Recommendations 7 findings

F1
Two past members of the Board, Board President A and Board Member, did not reside within the District boundaries during at least a part of the time they served on the Board.
Related Recommendations (1)
R1
Confirm that its current and future Board members reside within the District.
F2
The minutes of District Board meetings were minimal. The minutes did not include sufficient detail or statements of matters discussed.
Related Recommendations (1)
R2
Expand on the details of the minutes of Board meetings so that an average citizen can understand the issues raised and discussed during meetings. 5
F3
There is no indication in the meeting minutes that the District Board conducted the yearly independent audit of its financial standing mandated by California Government Code Section 26909 during the period studied by the Civil Grand Jury (2006 to present).
Related Recommendations (1)
R3
Commission an independent audit of the District’s finances pursuant to the provisions of California Government Code Section 26909.
F4
The Board’s practice of appointing relatives of current Board members as new Board members, and hiring relatives of current District Board members and employees appears unethical.
Related Recommendations (1)
R4
Review its hiring policies and, if one does not already exist, include a policy regarding the hiring of relatives of Board members or other employees. The hiring policies should include employee job descriptions.
F5
The Board appeared to lack knowledge of the exact number and type of customers located within the District, and there appeared to be confusion as to the proper billing practices for the different types of customers.
Related Recommendations (1)
R5
Perform an inventory which classifies residential, commercial and educational customers; and set fees in accordance with standard practices for each classification.
F6
It appeared that non-bonded employees were accepting bill payments in the District’s office.
Related Recommendations (1)
R6
Investigate the possibility of customers paying their service fees at a local financial institution instead of at the District office. Alternatively, require that any District employee accepting service fee payments at the District Office is bonded.
F7
The previous Board did not prudently handle the District’s business affairs, as Evidenced, at least partially, by the present Board’s decision to forego compensation until the District’s financial position improves.
Related Recommendations (1)
R7
Conduct District business affairs in an ethical, professional manner including the following: · Review the California State Statutes regulating special districts. · Receive training and up-dated information regarding the Brown Act once a year. New Board members should, upon taking office, be provided with a copy of the Brown Act and training as to its requirements. · Consistently retain legal counsel. While it may not be necessary to have an attorney attend each Board meeting, the Board should have one available for closed meetings or discussing matters of a legal nature, such as sewer rate increases. · Explore associating with similar special districts for information regarding problem solving, billings and other matters common to such special districts. · Pursue grant monies for system upgrades through Stanislaus County and the State and Federal Governments. · Consistently maintain a Board of 5 members.

Agency Responses 2

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No Responses Found 1

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