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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.
Calaveras County Grand Jury
• 2005-2006
Foothill Fire Protection District
⚠️ 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 6 findings
F1
Page 24
All fire protection district board of director candidates are required to be a registered voter of the district they are to represent per California State Health and Safety Code 13841.
F2
Page 24
All candidates are required to file for candidacy with the Calaveras County Clerk’s office per Declaration of Candidacy, Elections Code Section 10511, 10512 and 10540. Filing is done by filling out an application and signing, under penalty of perjury, that the address on the application is correct. The County Elections Coordinator then certifies each candidate’s declaration of candidacy by checking the applicant’s residence against county voter registration.
F3
Page 24
Should a board member move during his term in office, he is required to file a change of voter registration with the County Elections Coordinator. The voter registration record change is the only county check to determine a board member’s residency per Voter Qualifications, Chapter 1, Section 2032 and 2034. 20
F4
Page 25
If a board member’s residency requirement, through litigation, is no longer met during his term, this could render all votes taken by that candidate void and possibly nullify some decisions where that vote was critical.
F5
Page 25
Other than the voters of the special district, the county special fire protection district board, itself, is the only agency that can continuously verify the residency of its members.
F6
Page 25
Due to board action and a resignation, the specific complaint being investigated is no longer an issue. DETERMINATION Residency is defined by voter registration, and being a registered voter is a requirement for fire protection district board members. If a board member moves out of the district, no county agency audit can determine if residency requirements are met if the board member does not re-register to vote at the new address. The special district board, therefore, is the only agency that can determine if board members continue to meet the requirements of office. This process has taken place, as intended, in the best interest of the citizens within the Copperopolis Fire Protection District.
Recommendations 6
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R1Page 24Was the Brown Act violated prior to the Ebbetts Pass Fire District’s April 18, 2005 board of directors’ meeting, when the pending initiative was discussed without being on the agenda?
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R2Page 24Did a staff member violate the Brown Act by discussing the pending initiative with the board members prior to the April 18, 2005 district board meeting?
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R3Page 24Were public funds used inappropriately when law firm services were retained for legal counsel to keep an initiative off the ballot before the initiative was certified?
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R4Page 24Did holding a closed session to initiate litigation violate the Brown Act? Code 54956.9 (c)
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R5Page 24Did the district overpay staff and directors’ expenses?
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R6Page 24Was the Brown Act violated by not having full packet agendas available when requested prior to the November 21, 2005 board meeting? PROCEDURES The Grand Jury requested and reviewed all agendas and minutes for the district for 2005, interviewed the complainant, and interviewed a district staff member. The Grand Jury listened to tapes of board meetings and reviewed budgets and financial statements, including expenses of the board. The Grand Jury reviewed district policies and procedures and the Brown Act with particular attention to sections 54952.2(b) and 54956.9(c). County Counsel was consulted by the Grand Jury. RESULTS OF INVESTIGATION