Mendocino County Grand Jury • 2009-2010

It’s Not Over Yet! a Failure to Collect Mendocino County Supervisor Travel Overpayments

4 pages
Ver PDF original

Findings and Recommendations 11 findings

F1
The Mendocino County Supervisor who admitted a travel expense overpayment never reimbursed the County for that overpayment.
Related Recommendations (3)
R1
all members of the BOS accurately report travel expenditures and immediately reimburse the Mendocino County taxpayers for any unearned or inaccurately reported overpayments, as required of any other county employee. (Finding 1)
R4
in the absence of the recovery of BOS travel overpayment(s), the Mendocino County District Attorney pursue collection of those funds. (Findings 1-7)
R5
the Mendocino County Auditor bill any Supervisor for any overpayment incurred. (Findings 1, 4)
F2
California Penal Code §932 clearly states that the district attorney shall “institute and maintain an action” to recover money due to the County.
Related Recommendations (1)
R4
in the absence of the recovery of BOS travel overpayment(s), the Mendocino County District Attorney pursue collection of those funds. (Findings 1-7)
F3
California Penal Code §932 also states that the order of the grand jury shall be full authority for the district attorney to institute and maintain any such suit.
Related Recommendations (1)
R4
in the absence of the recovery of BOS travel overpayment(s), the Mendocino County District Attorney pursue collection of those funds. (Findings 1-7)
F4
In June, 2007, the MCDA was ordered by the GJ, to recover money owed the County from BOS travel overpayment, in accordance with Penal Code §932.
Related Recommendations (1)
R4
in the absence of the recovery of BOS travel overpayment(s), the Mendocino County District Attorney pursue collection of those funds. (Findings 1-7)
F5
The MCDA chose not to institute the civil proceedings against a Supervisor which were cited in PC §932.
Related Recommendations (1)
R4
in the absence of the recovery of BOS travel overpayment(s), the Mendocino County District Attorney pursue collection of those funds. (Findings 1-7)
F6
The MCDA’s response to a 2009-2010 GJ request to enforce Penal Code §932 and recover overpayments of travel funds made to a Mendocino County Supervisor, was not made because the MCDA stated that prosecutorial discretion allowed the MCDA’s office not to pursue this matter.
Related Recommendations (1)
R4
in the absence of the recovery of BOS travel overpayment(s), the Mendocino County District Attorney pursue collection of those funds. (Findings 1-7)
F7
upon further clarification by the GJ, the MCDA stated that “there is no jurisdiction in Superior Court to enforce the GJ’s requested action contained in previous GJ recommendations to recover such funds, because the amount claimed was less than $5,000”.
Related Recommendations (1)
R4
in the absence of the recovery of BOS travel overpayment(s), the Mendocino County District Attorney pursue collection of those funds. (Findings 1-7)
F8
The Mendocino County Board of Supervisors, (BOS), voted to institute a stipend for travel in-lieu of actual reimbursement effective January 1, 2008.
Related Recommendations (1)
R2
the Mendocino County Board of Supervisors eliminate the travel stipend and revert to actual expenses. (Findings 8-9, 11)
F9
The Mendocino County BOS’ stipend for travel increased their compensation, retirement benefits, and County payroll costs.
Related Recommendations (1)
R2
the Mendocino County Board of Supervisors eliminate the travel stipend and revert to actual expenses. (Findings 8-9, 11)
F10
Fourth and Fifth District Supervisors have refused to accept the 10% salary reduction mandated by the BOS, for all other County employees.
Related Recommendations (1)
R3
the Mendocino County Board of Supervisors resolve that the 10% salary reduction they mandated, applies to all members of the Mendocino County Board of Supervisors, as well as all other Mendocino County employees. (Finding 10-11)
F11
BOS base salary is $68,000 per year, not including perks such as travel stipends, health insurance benefits, a wellness program and other benefits.
Related Recommendations (1)
R3
the Mendocino County Board of Supervisors resolve that the 10% salary reduction they mandated, applies to all members of the Mendocino County Board of Supervisors, as well as all other Mendocino County employees. (Finding 10-11)

No Responses Found 2

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Mendocino County Board of Supervisors Elected County Office
Mendocino County District Attorney Elected County Office