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Findings and Recommendations 8 findings
F1
NVBH and Ortner are clearly linked in both business and professional matters.
Related Recommendations (3)
R1
The Board of Supervisors develop and adopt policies and procedures to require senior management and/or staff to recuse themselves from any board or department activity that could have, or might have the appearance, of a positive financial impact on themselves or any of their immediate family. (F1, F2, F3, F4, F5, F7)
R2
A clause be added to any consultant contract stating explicitly: “All information gathered by the consultant under this contract shall be considered privileged and confidential. It shall not be divulged to a third party without the express written consent of the appropriate agency head.” (F1, F2, F3, F4, F5, F7)
R3
The Board of Supervisors adopt a policy prohibiting any County employee from participating in any decision regarding the selection or rejection of any RFP or other contract that involves any former employer within three years of the employee’s termination from the former employer. (F1, F2, F3, F4, F5, F7) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individuals: • Director, Health and Human Services, Mendocino County (All findings and All recommendations) • Director, Behavioral Health and Recovery Services, Mendocino County (All findings and All recommendations) Pursuant to Penal Code §933.05, responses are required from the following governing bodies: • Mendocino County Board of Supervisors (All findings and All recommendations) The governing bodies indicated above should be aware that the comment or response of the governing body must be conducted subject to the notice, agenda and open meeting requirements of the Brown 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.
F2
As administrator of NVBH-Fairfield, the BHRS Director had a business and financial relationship with Ortner through NVBH-Fairfield immediately prior to coming to work for the County.
Related Recommendations (3)
R1
The Board of Supervisors develop and adopt policies and procedures to require senior management and/or staff to recuse themselves from any board or department activity that could have, or might have the appearance, of a positive financial impact on themselves or any of their immediate family. (F1, F2, F3, F4, F5, F7)
R2
A clause be added to any consultant contract stating explicitly: “All information gathered by the consultant under this contract shall be considered privileged and confidential. It shall not be divulged to a third party without the express written consent of the appropriate agency head.” (F1, F2, F3, F4, F5, F7)
R3
The Board of Supervisors adopt a policy prohibiting any County employee from participating in any decision regarding the selection or rejection of any RFP or other contract that involves any former employer within three years of the employee’s termination from the former employer. (F1, F2, F3, F4, F5, F7) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individuals: • Director, Health and Human Services, Mendocino County (All findings and All recommendations) • Director, Behavioral Health and Recovery Services, Mendocino County (All findings and All recommendations) Pursuant to Penal Code §933.05, responses are required from the following governing bodies: • Mendocino County Board of Supervisors (All findings and All recommendations) The governing bodies indicated above should be aware that the comment or response of the governing body must be conducted subject to the notice, agenda and open meeting requirements of the Brown 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.
F3
The Grand Jury perceived a possible conflict of interest in the selection of Ortner for the privatization contract for adult mental health services.
Related Recommendations (3)
R1
The Board of Supervisors develop and adopt policies and procedures to require senior management and/or staff to recuse themselves from any board or department activity that could have, or might have the appearance, of a positive financial impact on themselves or any of their immediate family. (F1, F2, F3, F4, F5, F7)
R2
A clause be added to any consultant contract stating explicitly: “All information gathered by the consultant under this contract shall be considered privileged and confidential. It shall not be divulged to a third party without the express written consent of the appropriate agency head.” (F1, F2, F3, F4, F5, F7)
R3
The Board of Supervisors adopt a policy prohibiting any County employee from participating in any decision regarding the selection or rejection of any RFP or other contract that involves any former employer within three years of the employee’s termination from the former employer. (F1, F2, F3, F4, F5, F7) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individuals: • Director, Health and Human Services, Mendocino County (All findings and All recommendations) • Director, Behavioral Health and Recovery Services, Mendocino County (All findings and All recommendations) Pursuant to Penal Code §933.05, responses are required from the following governing bodies: • Mendocino County Board of Supervisors (All findings and All recommendations) The governing bodies indicated above should be aware that the comment or response of the governing body must be conducted subject to the notice, agenda and open meeting requirements of the Brown 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.
F4
There was a lack of transparency to the public regarding the timelines and the changing work relationships between the consultants and the management of H&HS.
Related Recommendations (3)
R1
The Board of Supervisors develop and adopt policies and procedures to require senior management and/or staff to recuse themselves from any board or department activity that could have, or might have the appearance, of a positive financial impact on themselves or any of their immediate family. (F1, F2, F3, F4, F5, F7)
R2
A clause be added to any consultant contract stating explicitly: “All information gathered by the consultant under this contract shall be considered privileged and confidential. It shall not be divulged to a third party without the express written consent of the appropriate agency head.” (F1, F2, F3, F4, F5, F7)
R3
The Board of Supervisors adopt a policy prohibiting any County employee from participating in any decision regarding the selection or rejection of any RFP or other contract that involves any former employer within three years of the employee’s termination from the former employer. (F1, F2, F3, F4, F5, F7) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individuals: • Director, Health and Human Services, Mendocino County (All findings and All recommendations) • Director, Behavioral Health and Recovery Services, Mendocino County (All findings and All recommendations) Pursuant to Penal Code §933.05, responses are required from the following governing bodies: • Mendocino County Board of Supervisors (All findings and All recommendations) The governing bodies indicated above should be aware that the comment or response of the governing body must be conducted subject to the notice, agenda and open meeting requirements of the Brown 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.
F5
There was a lack of transparency to the public as to the legal relationship and responsibilities of the concerned parties during the changing work relationships.
Related Recommendations (3)
R1
The Board of Supervisors develop and adopt policies and procedures to require senior management and/or staff to recuse themselves from any board or department activity that could have, or might have the appearance, of a positive financial impact on themselves or any of their immediate family. (F1, F2, F3, F4, F5, F7)
R2
A clause be added to any consultant contract stating explicitly: “All information gathered by the consultant under this contract shall be considered privileged and confidential. It shall not be divulged to a third party without the express written consent of the appropriate agency head.” (F1, F2, F3, F4, F5, F7)
R3
The Board of Supervisors adopt a policy prohibiting any County employee from participating in any decision regarding the selection or rejection of any RFP or other contract that involves any former employer within three years of the employee’s termination from the former employer. (F1, F2, F3, F4, F5, F7) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individuals: • Director, Health and Human Services, Mendocino County (All findings and All recommendations) • Director, Behavioral Health and Recovery Services, Mendocino County (All findings and All recommendations) Pursuant to Penal Code §933.05, responses are required from the following governing bodies: • Mendocino County Board of Supervisors (All findings and All recommendations) The governing bodies indicated above should be aware that the comment or response of the governing body must be conducted subject to the notice, agenda and open meeting requirements of the Brown 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.
F6
The Grand Jury noted that when timelines and contractual relationships were reviewed, there did not appear to be any illegal activities by the individuals involved in the selection of Ortner.
No recommendations for this finding
F7
Given the response published by the County in the Request for Proposal Addendum No. 1, the Grand Jury finds the County guidelines are insufficient to address perceptions of undue influence.
Related Recommendations (3)
R1
The Board of Supervisors develop and adopt policies and procedures to require senior management and/or staff to recuse themselves from any board or department activity that could have, or might have the appearance, of a positive financial impact on themselves or any of their immediate family. (F1, F2, F3, F4, F5, F7)
R2
A clause be added to any consultant contract stating explicitly: “All information gathered by the consultant under this contract shall be considered privileged and confidential. It shall not be divulged to a third party without the express written consent of the appropriate agency head.” (F1, F2, F3, F4, F5, F7)
R3
The Board of Supervisors adopt a policy prohibiting any County employee from participating in any decision regarding the selection or rejection of any RFP or other contract that involves any former employer within three years of the employee’s termination from the former employer. (F1, F2, F3, F4, F5, F7) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individuals: • Director, Health and Human Services, Mendocino County (All findings and All recommendations) • Director, Behavioral Health and Recovery Services, Mendocino County (All findings and All recommendations) Pursuant to Penal Code §933.05, responses are required from the following governing bodies: • Mendocino County Board of Supervisors (All findings and All recommendations) The governing bodies indicated above should be aware that the comment or response of the governing body must be conducted subject to the notice, agenda and open meeting requirements of the Brown 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.
F8
It is not entirely clear to the Grand Jury whether or not there was undue influence in the selection process.
No recommendations for this finding
No Responses Found 1
Government entities assigned to respond to this report. No response documents have been linked in our database.
Mendocino County Board of Supervisors
Elected County Office