Stanislaus County Grand Jury • 2010-2011

Stanislaus County Civil Grand Jury City of Patterson Case numbers 11-01c, 11-02c, 11-03c, 11-04c, 11-05c, 11-06c,

7 pages
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Findings and Recommendations 3 findings

F1
On 10/26/2009, Council member B (nor any other council member) never reviewed a verification of legal expenses prior to voting to pay attorney fees which is, in the SCCGJ’s opinion, a gift of public funds. Factual and procedural statutes outlining gifts of public funds are located within the California Constitution, Article XVI, Section 6. Besides the lack of knowing/viewing any verified funds, the council cannot give public money without a properly filed lawsuit, verification of funds, court order, contract or statutory authority.
Related Recommendations (1)
R1
Brown Act requirements, city policies, and City of Patterson - City Council Handbook (2007 edition) shall be reviewed by City Council members to ensure they are in accordance with open meeting laws and proper protocol during closed session hearings. • All Patterson City Council members shall have established criteria and authenticated documentation for the return of public funds on any litigation, or payments prior to voting on issues of this nature.
F2
Violation of Patterson Municipal code and City Council handbook. • Failure to follow the proper chain of command as it relates to city business.
Related Recommendations (1)
R2
Any City Council business correspondence or actions by individual members of the City Council must be approved in advance by the City Manager. (Patterson Municipal Code § 2.16.040).
F3
Council member B attempted to use his/her position of authority in an attempt to influence decisions in his/her favor. RECOMMENDATIONS
Related Recommendations (1)
R3
City Council member B shall refrain from using his/her positional power to circumvent city policy, or use his/her position to influence others for special favors or consideration. REQUEST FOR RESPONSES Patterson City Council. REFERENCES • California Fair Political Practices Commission http://www.fppc.ca.gov/. • California Penal Code (§ 939). • Farnow v. Superior Court (San Mateo County Grand Jury)(1990) 226 Cal.App.3d 481; 276 Cal.Rptr. 275. 6 • California Constitution , Article XVI, Section 6. • City of Patterson. (2007). City of Patterson - City Council Handbook. Approved February 20, 2007 by City Council Members of Patterson. • City of Patterson, California. http://ci.patterson.ca.us/. • City of Patterson, Municipal Code (§ 2.16.040). • Correspondence voluntarily submitted by witnesses. • Correspondence acquired from certified letter to commercial developers. • Documents obtained via the Public Records Act. Reports issued by the Civil 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 Civil Grand Jury. The California State Legislature has stated that it intends the provisions of Penal Code § 929 prohibiting disclosure of witness identities to encourage full candor in testimony in Civil Grand Jury investigations by protecting the privacy and confidentiality of those who participate in any Civil Grand Jury investigation. RECUSAL ADVISEMENT This report of cases 11-01C through 11-08C, and 11-18C are issued by the 2010/2011 Stanislaus County Civil Grand Jury with the following exception: One (1) member of the grand jury volunteered to recuse his/her self due to a perceived conflict of interest. This grand juror was excluded from all phases of the investigation, including interviews, deliberations, voting, and in the writing and approval of this report. None of the information included in this report was obtained from the excluded grand juror as a means of mitigating a potential bias to the integrity of this report. 7

No Responses Found 1

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