Santa Cruz County Grand Jury • 2009-2010 • Agency Response
Response to: Protecting Our Special Districts

Who is Watching Our Special Districts?

Published: October 01, 2009
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Note: Missing finding numbers detected: F2, F3, F6, F7

Findings and Recommendations 5 findings

F1 Page 3
Each county LAFCO operates independently and may adopt local policies. [LAFCO 101] Response: LAFCO – AGREES 2. LAFCO, through Municipal Service and Sphere-of-Influence reviews, may hold special districts accountable for meeting community service needs, including governmental structure and operational efficiencies. [Government Code 56439(a)(5)] Response: LAFCO – PARTIALLY AGREES There is no Government Code Section 56439(a)(5). Government Code Section 56430 requires LAFCO, when preparing the five-year service reviews, to make determinations regarding the services being provided to the various communities in the county. One determination subject is: "(5) Accountability for community service needs, including governmental structure and operational efficiencies." 3. From the inception of special districts, they were required to operate by “rules,” often redefined as bylaws or rules of proceedings as in (Kehoe) Government Code 61045(f). Response: LAFCO – PARTIALLY DISAGREES Government Code Section 61045(f) is located in the Community Service District law and states: "(f) The board of directors shall adopt rules or bylaws for Its Who Is Watching Our Special Districts? 65 proceedings." This section of the law applies only to Community Service Districts formed under Government Code Section 61000 et seq. There are no such districts in Santa Cruz County. As pointed out in the comments LAFCO has received from some of the districts in Santa Cruz County, the enabling acts for other types of districts (such as fire protection districts and county water districts) do not contain a similar requirement.
Related Recommendations (1)
R1
Santa Cruz LAFCO commissioners should require that a mission statement accompany the initial application for formation of a special district. Response: LAFCO – WILL NOT BE IMPLEMENTED Consistent with applicable law, LAFCO currently has extensive application requirements for any party proposing the formation of a new district. These requirements include a purpose, a budget, and an operating plan. A LAFCO application requirement that a mission statement be included in the application would be duplicative. A district, if it is formed, may decide whether the adoption of a mission statement would be a helpful management tool. Response: County of Santa Cruz Board of Supervisors – DEFERS TO LAFCO LAFCO was created to regulate the boundaries of cities and special districts. The County defers to the LAFCO Board to determine whether this recommendation falls within its purview. Who Is Watching Our Special Districts? 67
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All special districts fall under the mandate of the Ralph M. Brown Act, adopted in 1953 [Government Code 54950 to 54962], which requires agencies to have open meetings. Response: LAFCO – AGREES 5. In Santa Cruz County the special district that initiated this investigation has operated, and others may continue to operate, in violation of statutes requiring adoption of bylaws and parliamentary procedures. No Response Required 6. Santa Cruz County special districts have never been required to submit bylaws, parliamentary procedures and mission statements to LAFCO. Response: LAFCO – AGREES Response: County of Santa Cruz Board of Supervisors – AGREES 7. LAFCO special district files in Santa Cruz County contain very few, if any, copies of bylaws, parliamentary procedures or mission statements. Response: LAFCO – AGREES LAFCO also notes that, in reviewing the Grand Jury's report, several special districts have provided LAFCO with website references and paper copies of their bylaws, parliamentary procedures, and mission statements. Response: County of Santa Cruz Board of Supervisors – DEFERS TO LAFCO The County does not have access to LAFCO files and will defer to LAFCO to respond to this finding.
Related Recommendations (1)
R4
Page 1
The Santa Cruz LAFCO office should act as a central repository and maintain copies of each special district’s bylaws, parliamentary procedures and, if applicable, mission statement. Response: LAFCO – HAS BEEN IMPLEMENTED LAFCO has implemented this recommendation in the following manner: -- The "Links" page of LAFCO's website has been expanded to include notations for the special districts that don't maintain websites. Only six independent districts do not have any website: -- Alba Recreation and Park District 68 Who Is Watching Our Special Districts? --Central Water District --Opal Cliffs Recreation and Park District --Pajaro Valley Public Cemetery District --Reclamation District 2049 (College Lake) --Salsipuedes Sanitary District. --Santa Cruz LAFCO has opened a paper file that will be the permanent repository of all district bylaws, parliamentary procedures, and mission statements that districts submit in paper format. --Santa Cruz LAFCO has added a notation on the "Links" page of its website that the paper versions of special district bylaws, parliamentary procedures, and mission statements that have been submitted to LAFCO may be accessed at the LAFCO office. --In the next round of service reviews, LAFCO will inquire of each special district if they have bylaws, parliamentary procedures, and mission statements. LAFCO will ask if the documents are available on the district's website, and will invite districts that don't make the documents available on their website to file paper copies at the LAFCO office. Response: County of Santa Cruz Board of Supervisors – DEFERS TO LAFCO LAFCO was created to regulate the boundaries of cities and special districts. The County defers to the LAFCO Board to determine whether this recommendation falls within its purview.
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The public should have access during normal County business hours or by electronic media to LAFCO copies of special district governing documents. Response: LAFCO – HAS BEEN IMPLEMENTED Response: County of Santa Cruz Board of Supervisors – DEFERS TO LAFCO LAFCO was created to regulate the boundaries of cities and special districts. The County defers to the LAFCO Board to determine whether this recommendation falls within its purview.
Related Recommendations (1)
R5
Page 2
The public should have access during normal County business hours or by electronic media to LAFCO copies of special district governing documents. Response: LAFCO – HAS BEEN IMPLEMENTED Response: County of Santa Cruz Board of Supervisors – DEFERS TO LAFCO LAFCO was created to regulate the boundaries of cities and special districts. The County defers to the LAFCO Board to determine whether this recommendation falls within its purview.
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In Santa Cruz County no governmental agency has provided special district oversight to ensure existence of and operation within bylaws and parliamentary procedures. Who Is Watching Our Special Districts? Response: LAFCO – AGREES Response: County of Santa Cruz Board of Supervisors – AGREES Special districts operate under their own locally elected, independent board of directors and are not under the jurisdiction of any other governmental agency.
No recommendations for this finding
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Among the 78 special districts within Santa Cruz county that are the subject of this report, all are authorized to operate under various principal acts and California statutes. No Response Required Conclusions 1. The Santa Cruz County LAFCO has not ensured compliance with the law requiring adoption of bylaws and parliamentary procedures within a special district.
No recommendations for this finding

Conclusions 4