Ad Hoc Education Committee Final Report - Complaint Against Trinity County Aids Task Force

Misuse of Funds The Misuse of Funds complaint itemized four charges: failure to disclose budget records, an inappropriate Project Coordinator's salary, improper reimbursement for attending a conference and possible theft of a fax machine. • The allegations of failure to disclose public records appear to be unfounded. The Committee found the LIG budget/expenditures information to be readily available and accurately documented. Quarterly reports of expenditures are prepared by the Project Coordinator and approved by the Director of H&HS. They are then forwarded to the State Office of AIDS. The records in question are available through Trinity County Office of Education (TCOE) upon request. While the complainant stated `obstruction of public information,' he did not approach the TCOE when he was not satisfied with the information from the Coordinator. Documentation exists of an attempt, by the Coordinator and the State Consultant, to explain the flow and disbursement of State grant money. The State Office of AIDS, the Superintendent of Schools and the Director of H&HS appear satisfied that the grant standards are being met. However, the State Office of AIDS is now exploring the allegations and recommends that the LIG members have more input into budget planning. • The HIV/AIDS E&P Project Coordinator's salary was found to be appropriately determined using the TCOE salary schedule. Her salary also meets the guidelines set forth by the grant. • The complainant alleged that the Coordinator improperly charged attendance at a conference. The Grand Jury investigated and found the allegation was without merit. • The whereabouts of a FAX machine, reportedly purchased with $900.00 allocated from the original grant money in 1995, was questioned by the complainant. After investigating, the Grand Jury was unable to locate this specific Fax machine. The machine was ordered and then no longer needed when the HIV/AIDS Project was moved from H&HS to TCOE. It is "reportedly" in the Hayfork Community Center.

Conflict of Interest The Coordinator of the HIV/AIDS E&P Project has served as a member of the Board of Directors for Six Rivers Planned Parenthood for several years. Allegations of conflict of interest were raised because PPH is a subcontractor for the Project. No conflict of interest was found by the Grand Jury, nor by County Counsel. However, the State Office of AIDS saw a possible perception of conflict of interest by the general public. Because of the State's concerns, the Coordinator was requested to remove her name from the PPH letterhead. In order to preserve "appearances" the Coordinator has since resigned her position on the PPH board. The Grand Jury wishes to make it clear, that they found no conflict, either in fact or appearance.

Failure To Meet The Goals Of HIV Prevention The Grand Jury found that some of the goals of the program, as set forth in the HIV/AIDS Prevention plan, are so broad that a charge such as this could easily be made, i.e., "All people will...". However, the Grand Jury found the Coordinator kept acceptable records indicating that the goals were indeed being met. Quarterly reports submitted to the State show progress toward, or activities to support, stated goals. Activities supporting goals appear appropriate. The Grand Jury found one exception to adequate progress toward goals. One Activity states "continue outreach to all geographic regions of the county through schools, medical care providers, associations, bars and stores by June 30, 1999." Visits to Partners in Prevention sites to replenish condoms and other supplies appear to be occurring only in Hayfork and Weaverville. Furthermore, the current Second Quarter Progress report states that condoms have been placed in most bars, but does not cite specific names, except in Hayfork and Weaverville.

Obstruction Of HIV/AIDS/STD Prevention Blocking Access To Condoms: One of the allegations was that condom distribution was not adequate and that the volunteer distributor has been blocked from obtaining condoms purchased with grant money. The Coordinator agrees that condom distribution has not been adequate and is taking steps to remedy that situation. Because of liability concerns, County Counsel feels that until certain protocols are in place, volunteers should not be used to distribute condoms. The Grand Jury concurs with County Counsel.

Brown Act An allegation that the LIG was violating the Brown Act was made. Upon consulting with County Counsel, it was found that the LIG does not fall under the Brown Act. The Grand Jury concurs and finds this allegation without merit. _RECOMMENDATION #5: None.

Failure To Intervene A second complaint was filed against the Director of H&HS, alleging that the Director failed to intervene after an allegation of misuse of funds was made against the HIV Coordinator. Because TCOE and not H&HS is the HIV Coordinator's immediate superior, the Grand Jury finds that this complaint is without merit.