Tuolumne County Grand Jury
• 2024-2025
• Agency Response
Response to:
2024-2025 County Hiring Practices Report
Tuolumne County Heather Ryan Administration Center*
⚠️ 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 8 findings
F1
Page 1
Differential Treatment by Senior County Administration Finding 1-1 There is an overall belief and feeling by Tuolumne County Employees that "friends" of those highly placed in Tuolumne County Administration were given pay raises hidden from the public, and possibly the Board of Supervisors on the consent calendar. F 1-1 Response: The Board of Supervisors partially agrees with this finding. The Board understands that certain County employees held beliefs and feelings regarding this matter. However, the Board disagrees that placing agenda items on the consent calendar is "hidden from the public and possibly the Board." Consent agenda items are public items, such as staff reports with
Related Recommendations (1)
R1
Page 1
Differential Treatment by Senior County Administration Recommendation 1-1 The Tuolumne County Board of Supervisors should consider eliminating all pay raises on the consent calendar. While this could lengthen some Board of Supervisors' meetings, there would be a significant benefit to Tuolumne County Employee morale. R 1-1 Response: The Board of Supervisors agrees with this and has since taken action to ensure pay raises and personnel actions include detailed information and are not on consent. Recommendation 1-2 Your Grand Jury knows that there is no easy answer to Finding 1-2. The greatest limitation to Grand Jury Investigations and Recommendations is the one-year time frame. Your Grand Jury had enough time to investigate this problem with morale but did not have enough time to provide answers, even suggested answers. The best we can do is request the Board of Supervisors conduct interviews through annual evaluations themselves or by a hired consultant to better understand the issue of Department Heads feeling they are being hindered by Senior County Administration. Because this is such a large undertaking, your Grand Jury requests this be accomplished of publication of this report. R 1-2 Response: This recommendation has been implemented in that the Board has begun thorough annual evaluations of its Board-appointed department heads with increased resulting documentation and will continue with these evaluations throughout this calendar year. Recommendation 1-3 No recommendation Recommendation 1-4 Your Grand Jury recommends that the Board of Supervisors create a policy that all management level positions be posted internally and externally and increase the minimum time those positions are posted to three weeks. Your Grand Jury requests that this policy be created and enacted of the publication of this report. HIRING PRACTICES - GRAND JURY RESPONSE | 9 R 1-4 Response: This recommendation requires further analysis, because the County is required to meet and confer with its labor unions regarding a change in practice and the Personnel Rules. This review is anticipated to begin this fiscal year. Recommendation 1-5 Your Grand Jury recommends that the Board of Supervisors create a reclassification policy that must be followed by all employees. This policy should be created by November 2025. R 1-5 Response: This recommendation has not yet been implemented, but will be in the future as the County is currently revising its Personnel Rules and Regulations. However, the County is required by law to meet and confer with its employee associations regarding revisions to the Personnel Rules and Regulations, and this process may result in implementation taking longer than November
F2
Page 2
Retribution by Superiors for Legitimate Action or Opinions Finding 2-1 The current reporting structure for complaints creates concerns when the complaint is about someone in the chain of command for the complainant. Your Grand Jury has interviewed multiple employees who have received backlash for making valid complaints. F 2-1 Response: The Board of Supervisors agrees with this finding and has directed the position of Human Resources Director/Risk Manager be made a Board appointed position, rather than report to the CAO as that should create a pathway for complaints to be made outside of the chain of command for those who report to the Senior County Administration.
No recommendations for this finding
F3
Page 2
Treatment of the Board of Supervisors by County Employees Finding 3-1 Senior County Administration did not behave in a professional manner regarding at Least one member of the Board of Supervisors. F 3-1 Response: The Board of Supervisors agrees with this finding.
Related Recommendations (1)
R3
Page 2
Retribution by Superiors for Legitimate Action or Opinions Recommendation 3-1 The Board of Supervisors should discuss during employee evaluations the requirement to act in a professional manner. That direction should include requiring Department Heads to likewise instruct their employees. Your Grand Jury requests that this structure be updated of the publication of this report. R 3-1 Response: The recommendation has been implemented, given the Board of Supervisors has begun holding annual performance evaluations of its appointed Department Heads. The skills and competencies that address professionalism, political acumen and composure are expected of leaders at all levels and are incorporated into 360s and Department Head evaluations.
F4
Page 2
Misrepresentation of Information to and from the Board of Supervisors Finding 4-1 Your Grand Jury heard from several witnesses that the Board of Supervisors appeared to allow Senior County Administration to function with little or no oversight. HIRING PRACTICES - GRAND JURY RESPONSE | 9 F 4-1 Response: The Board of Supervisors agrees with this finding. Finding 4-2 Your Grand Jury heard from several witnesses that Senior County Administration misled the Board of Supervisors during Board meetings by misrepresenting the total amount of specific employees' raises and if Grant funded positions were impacting the General Fund. F 4-2 Response: The Board of Supervisors agrees with this finding. Finding 4-3 Your Grand Jury learned that Senior County Administration caused confusion and mistrust among the individual Board of Supervisor members by misleading them as to the opinions of individual Board members on pertinent issues to be voted on. F 4-3 Response: The Board of Supervisors agrees with this finding. Any pertinent issues will be agendized for the Board. Finding 4-4 Your Grand Jury learned that Senior County Administration misrepresented instructions from the Board of Supervisors to Department Heads. This caused misalignment of direction for County Employees. F 4-4 Response: The Board of Supervisors agrees with this finding that the Department Heads received conflicting information. This could have caused misalignment of direction for the County Employees.
Related Recommendations (1)
R4
Page 2
Retribution by Superiors for Legitimate Action or Opinions Recommendation 4-1 The Board of Supervisors should add to the Tuolumne County Board of Supervisor's Governance Manual, that the Board of Supervisors is to maintain oversight of the Senior County Administration. Your Grand Jury requests that this structure be updated of the publication of this report. R 4-1 Response: This recommendation will be implemented through the Tuolumne County Ordinance Code. HIRING PRACTICES - GRAND JURY RESPONSE | 9 Recommendation 4-2 The Board of Supervisors should amend the Tuolumne County Board of Supervisors Governance Manual, to ensure that information they are receiving from only one source is accurate. Your Grand Jury requests that this structure be updated of the publication of this report. R 4-2 Response: This recommendation will be implemented through evaluations and not the Governance Manual. Recommendation 4-4 The Board of Supervisors should amend the Tuolumne County Board of Supervisors Governance Manual to implement a system to ensure the directions communicated through Senior County Administration to the Department Heads are not being misrepresented. Your Grand Jury requests that this structure be updated of the publication of this report. R 4-4 Response: This recommendation will be implemented through evaluations.
F5
Page 3
Growth of the Executive Confidential Unit Finding 5-1 Your Grand Jury finds that the Tuolumne County government does not consistently interpret and apply the definition given in the Executive Confidential Unit Compensation Plan when hiring and reclassifying for an Executive Confidential position. F 5-1 Response: The Board of Supervisors agrees with this finding. Pursuant to the Employer- Employee Relations Resolution, a "confidential employee" is defined as "an employee who could reasonably have access to information that could affect employer-employee relations," and there are employees whose classifications do not meet that definition who have been inappropriately assigned to the Executive and Confidential unit (EXE). The Board has directed the CAO and Human Resources to reassign positions that were incorrectly placed into the Executive & Confidential plan into the appropriate bargaining unit.
Related Recommendations (1)
R5
Page 2
Retribution by Superiors for Legitimate Action or Opinions Recommendation 5-1 The Board of Supervisors should direct Human Resources and Senior County Administration to consistently interpret and apply the standard for what positions are in the Executive Confidential Unit. Your Grand Jury requests that this structure be updated of the publication of this report. R 5-1 Response: The recommendation will be implemented by July 2025 pending the Board of Supervisors approval.
F6
Page 3
Undue Control by Senior County Administration Finding 6-1 Your Grand Jury has found that there is inconsistency in Senior County Administration's support for department heads, leading to concerns about fairness and transparency. F 6-1 Response: The Board of Supervisors partially agrees with this finding. Finding 6-2 Your Grand Jury found a breakdown in communication between Senior County Administration and department heads, leading to significant tension and distrust. HIRING PRACTICES - GRAND JURY RESPONSE | 9 F 6-2 Response: The Board of Supervisors agrees with this finding. The Board has directed a multi- faceted approach to restoring professional relationships and rebuilding trust amongst the County's executive leaders, including a review of areas where communication and transparency were lacking and where department heads felt excluded; inclusive, structured dialogue that allows all department heads to express their concerns and suggestions in a respectful environment, actionable plans, including enhanced policies and equitable meeting times with senior county administration, and the provision of enhanced oversight with Department Heads. Finding 6-3 Your Grand Jury found systemic discouragement of staff and department heads for speaking out that suggests a culture of fear within the organization. The Board of Supervisors agrees with this finding that some department F 6-3 Response: heads experienced discouragement upon expressing concerns. As noted above, the board has directed the Human Resources-Risk Management department be moved out of the purview of the Senior County Administration to be an independent department, thereby creating a path for reporting and resolution of employee concerns and complaints. Finding 6-4 Your Grand Jury found an inability to gain consensus on urgent issues with employees' reluctance to speak out for fear of reprisals. F 6-4 Response: The Board of Supervisors agrees with this finding.
Related Recommendations (1)
R6
Page 2
Retribution by Superiors for Legitimate Action or Opinions Recommendation 6-1 & 6-2 The Board of Supervisors should update the Tuolumne County Board of Supervisors Governance Manual to develop and communicate clear expectations for Senior County Administration on how to communicate with and support department heads consistently. Your Grand Jury request that this structure be updated of the publication of this report. R 6-1 & 6-2 Response: This recommendation will be implemented, but the Board of Supervisors will decide the proper mechanism in which to implement this recommendation, as the Governance Manual may not be the appropriate mechanism. Recommendation 6-3 The Board of Supervisors should develop a policy that allows staff to voice concerns without fear of retaliation. Your Grand Jury requests that this structure be updated of the publication of this report. R 6-3 Response: This recommendation has already been implemented as there is a policy in place to address this. However, consistency and time will improve the culture of fear of retaliation.
F7
Page 4
High Performance Organization as a Framework Used by County Management Finding 7-1 Your Grand Jury found that Senior Leadership at the County did not practice High Performance Organizations methodology. F 7-1 Response: The Board of Supervisors partially disagrees, as there are many senior leaders in the County, and while some may not have employed the HPO methodology, this is not reflective of senior leadership as a whole. Finding 7-2 Your Grand Jury found that implementation of the High Performance Organizations methodology was not uniform across county departments for whom this would be appropriate. F 7-2 Response: The Board of Supervisors agrees with this finding. However, steps were taken to begin rolling it out, including determining the skills and competencies the County would use as a metric for leadership positions and introducing the skills and competency models for interview and selection, and performance evaluations. Finding 7-3 Your Grand Jury found that no effort has been made to evaluate the effectiveness and benefit of High Performance Organizations. F 7-3 Response: The Board of Supervisors agrees with this finding. The Board of Supervisors has since included the HPO framework into performance evaluations of Department Heads. Finding 7-4 Your Grand Jury found that no effort has been made to determine how much has been spent on High Performance Organizations implementation in the county. Your Grand Jury has estimated the cost was over $100,000. F 7-4 Response: The Board of Supervisors agrees with this finding. HIRING PRACTICES - GRAND JURY RESPONSE |
Related Recommendations (1)
R7
Page 3
Retribution by Superiors for Legitimate Action or Opinions Recommendation 7-1 through 7-4 The Board of Supervisors should determine if Tuolumne County is going to use HPO in some, all or none of the Departments. Then create a policy or procedure that HIRING PRACTICES - GRAND JURY RESPONSE | 9 enacts this position. Your Grand Jury request that this structure be updated of the publication of this report. R 7-1 through 7-4 Response: This requires further analysis. High Performance Organization is a methodology that embraces quality leadership. Embedding its principles into existing processes and it will look different in each department and leader, and by situation.
F8
Page 4
Hiring Irregularities Finding 8-1 Your Grand Jury has uncovered credible allegations of nepotism and favoritism in hiring for the county of Tuolumne. This includes many examples of relatives and friends of relatives leading to a profound appearance of improprieties. This also included hirings completed against
Related Recommendations (1)
R8
Page 3
Hiring Irregularities Recommendation 8-1 Update the Tuolumne County Personnel Rules and Regulations manual. This manual has not been updated since 1997. Your Grand Jury requests that this structure be updated of the publication of this report. R 8-1 Response: The recommendation has not yet been implemented, but will be implemented given that Human Resources and County Counsel have completed their review of the updated Personnel Rules and Regulations. The County will begin its legally required meet and confer process with its employee associations with the goal the Board of Supervisors should adopt the updated policies within the year. We appreciate the opportunity to respond to the above findings and recommendations. Sincerely, 1-9. Kl Jaron E. Brandon, Chair, County of Tuolumne Board of Supervisors I hereby certify that according to the provisions of Government Code Section 25103, delivery of this document has been made. HEATHER D. RWAN Beard Clerk/ HIRING PRACTICES - GRAND JURY RESPONSE | 9
* This report's PDF did not contain easily extractable text and required Optical Character Recognition (OCR) for analysis. There may be minor errors in the extracted findings and recommendations due to OCR limitations with scanned documents.