Kern County Grand Jury
• 2024-2025
Southwest Healthcare District a Hidden Resource within the Community Photo by Grand Jury
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⚠️ 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
District Board meetings were held at several different locations and on different days of the month in the past, making it difficult for the public to plan and attend meetings. The lack of transparency ended up with a lack of public input.
Related Recommendations (2)
R5
Develop an Annual Budget with income, expenses, and expected grants for the year. Explore budget options to provide for an office, a secure storage space, access to legal counsel, and a part-time clerical employee to respond to public inquires and perform day- to-day activities by December 31, 2024. (Findings 1 and 7)
R7
Locate and rent/lease a facility to be used as the District’s Office with a phone, email, secure file storage capabilities, and a place to hold monthly public meetings at the same location. The public should be informed of the office location by December 31, 2024. (Findings 1 and 2) NOTES: • The Southwest Healthcare District should post a copy of this report where it will be available for public review. • Persons wishing to receive an email notification of newly released reports may sign up at: https://www.kerncounty.com/government/other-agencies/grand-jury • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website at: https://www.kerncounty.com/government/other-agencies/grand-jury RESPONSE DEADLINE: • REQUIRED WITHIN 90 DAYS FROM: Southwest Healthcare District o Findings 1 to 8 Recommendations 1 to 7 RESPONSES ARE REQUIRED PURSUANT TO PENAL CODE §§933(c) AND 933.05 WITHIN 90 DAYS TO: PRESIDING JUDGE SUPERIOR COURT OF CALIFORNIA COUNTY OF KERN 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 Reports issued by the 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 Grand Jury. GLOSSARY: 1. ADA Compliance: refers to the Americans with Disabilities Act Standards for Accessible Design, which states electronic, information technology (like websites) must be accessible to people with disabilities, and meeting rooms must be accessible to all people of the public. 2. California Health and Safety Code §32139: requires each district to maintain a website listing information that MUST be shared: • The district’s annual budget • A list of current board members • Information regarding public meetings required pursuant to the Ralph M. Brown Act • A Municipal Service Review (MSR) or special study conducted by a LAFCo • Recipients of grant funding or assistance provided by the district, if any • Audits of the district’s accounts and records prepared pursuant to existing law • Annual financial reports to the Controller (State of California), submitted pursuant to existing law • Any other information the board deems relevant • The district’s policy for providing grants or assistance 3. FPPC: Fair Political Practices Commission oversees many public officials that are required to take an ethics-training course to educate them on the ethical standards required of any individual who works in state or local government. Cities, counties and special districts in California are required by law (AB 1234, Chapter 700, Stats. of 2005) to provide ethics training to their local officials. The FPPC is responsible for administering and enforcing the Political Reform Act. It enacts regulations that implement the law, issues advice letters, and adopts advisory opinions that apply the Act as well as the regulations to particular circumstances. 4. LAFCo: Local Agency Formation Commissions are local agencies mandated by the California State Legislature to encourage the orderly formation of local governmental agencies, preserve agricultural land resources, and discourage urban sprawl. 5. The Ralph M. Brown Act: is a California law that guarantees the public's right to attend and participate in meetings of local legislative bodies. Located at California Government Code §54950 et seq., it is an act of the California State Legislature, authored by Assemblymember Ralph M. Brown and passed in 1953. APPENDICES:
F2
Because of inconsistent posting of meeting times and locations, members of the public may be misinformed, especially if living outside the community of Frazier Park.
Related Recommendations (1)
R6
Post agendas and important District related notices in all (three) US Post Offices within the District boundaries, other visible public locations, and publish a copy in the local newspaper’s calendar of events. This process should be in place by September 1, 2024. (Finding 2)
F3
Proposed grants for funding were not always placed on the meeting’s agenda for required public comment before acting on a request. Some grants were improperly approved without an application, letter of intent, or the knowledge of purposed expenses and/or expected outcomes.
Related Recommendations (1)
R2
Develop and publish a grant application form and the process for awarding annual grants. This application should explain the purpose of the grant, budget of expenses, and expected outcomes when the project is completed. The approved application form should be available to the public by September 1, 2024. (Findings 3 and 4)
F4
Minutes of Board meetings do not reflect any accountability of grant expenses or the proposed benefit to the community that would be provided by the grants. Minutes are very brief and do not name the Board Members present, resulting in the lack of public transparency.
No recommendations for this finding
F5
Board Members’ stipends varied from member to member, and from year to year, without explanation, as per the State Controller’s Reports. It is unknown if some of the dollar amounts include hours of labor paid to Board Members. The Monthly Board stipends were changed without being placed on the agenda or through the resolution process and without public input or explanation.
No recommendations for this finding
F6
Without a written policy, resolution, or ordinance approved by the Board in a public meeting, paying a board member to work an hourly rate may violate Government Code and FPPC guidelines.
Related Recommendations (2)
R3
Develop and publish, with community input, District Bylaws and operation procedures that reflect the current operation of the District. Bylaws should be posted on their website by October 1, 2024. (Findings 6 and 8)
R4
Seek an official legal opinion on the process of hiring a Board Member to perform work for the District, and update the Rules and Regulations’ requirements for hiring Board Members. If needed, seek the return of funds paid for hours of work performed by Board Members. Bylaws and/or Rules and Regulations should reflect the process to hire Board Members to do work by November 1, 2024. (Finding 6)
F7
District files including historical minutes, LAFCo documents, and Board Members’ Form 700 documentation are currently stored in totes at the home of a Board Member. These District files are not open for public review, therefore lacking transparency.
No recommendations for this finding
F8
The District’s website is under development. The webpage links to Bylaws are outdated and not complete. The Mission Statement is blank, and the FAQs appear to be generic. Many other links to sections are vague, confusing the public. COMMENTS: The Grand Jury researched the internet, the local newspaper, and other websites for over a month before locating limited information and contact information for the Southwest Healthcare District. The California State Controller's Office, Kern LAFCo, and the Kern County Elections Office had very limited, outdated information pertaining to the operation and leadership of the District. The Grand Jury thanks the people that were interviewed for this investigation and provided information for this report.
Related Recommendations (1)
R1
Continue to update and maintain their website to meet all the requirements of California Health and Safety Code §32139, to include Board Members’ contact information. This will be an on-going activity requiring monthly updates. (Finding 8)
Comments 5
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CO1ADA Compliance: refers to the Americans with Disabilities Act Standards for Accessible Design, which states electronic, information technology (like websites) must be accessible to people with disabilities, and meeting rooms must be accessible to all people of the public.
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CO2California Health and Safety Code §32139: requires each district to maintain a website listing information that MUST be shared: • The district’s annual budget • A list of current board members • Information regarding public meetings required pursuant to the Ralph M. Brown Act • A Municipal Service Review (MSR) or special study conducted by a LAFCo • Recipients of grant funding or assistance provided by the district, if any • Audits of the district’s accounts and records prepared pursuant to existing law • Annual financial reports to the Controller (State of California), submitted pursuant to existing law • Any other information the board deems relevant • The district’s policy for providing grants or assistance
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CO3FPPC: Fair Political Practices Commission oversees many public officials that are required to take an ethics-training course to educate them on the ethical standards required of any individual who works in state or local government. Cities, counties and special districts in California are required by law (AB 1234, Chapter 700, Stats. of 2005) to provide ethics training to their local officials. The FPPC is responsible for administering and enforcing the Political Reform Act. It enacts regulations that implement the law, issues advice letters, and adopts advisory opinions that apply the Act as well as the regulations to particular circumstances.
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CO4LAFCo: Local Agency Formation Commissions are local agencies mandated by the California State Legislature to encourage the orderly formation of local governmental agencies, preserve agricultural land resources, and discourage urban sprawl.
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CO5The Ralph M. Brown Act: is a California law that guarantees the public's right to attend and participate in meetings of local legislative bodies. Located at California Government Code §54950 et seq., it is an act of the California State Legislature, authored by Assemblymember Ralph M. Brown and passed in 1953. 2023-2024 Kern County Grand Jury Report 11 APPENDICES: APPENDIX A: SOUTHWEST HEALTHCARE DISTRICT MAP Photo provided by Kern LAFCo 2023-2024 Kern County Grand Jury Report 12 APPENDIX B: California Government Code Section 54954.2 (a)(1) At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 words. The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public and on the local agency’s internet website, if the local agency has one… (3) No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3. In addition, on their own initiative or in response to questions posed by the public, a member of a legislative body or its staff may ask a question for clarification, make a brief announcement, or make a brief report on their own activities. Furthermore, a member of a legislative body, or the body itself, subject to rules or procedures of the legislative body, may provide a reference to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda. 2023-2024 Kern County Grand Jury Report 13 APPENDIX C: SOUTHWEST HEALTHCARE DISTRICT NOTICE OF VACANCY Photo from The Mountain Enterprise, March 1, 2024 2023-2024 Kern County Grand Jury Report 14
No Responses Found 1
Government entities assigned to respond to this report. No response documents have been linked in our database.
Southwest Healthcare District
Special District