Stanislaus County Grand Jury • 2014-2015 • Agency Response
Response to: 2014-2015 Final Report

to a work environment free of intimidation, malice, and discrimination of any kind*

Published: August 25, 2015 12 pages
View Original PDF

Findings and Recommendations 4 findings

F1 Page 2
The current management practices at ESMAD are in need of evaluation and review by an outside entity. Clearly, problems do exist and need to be addressed. The concerns and issues raised in the complaint are ones that should be handled within the District, by allowing employees to communicate their issues. Employees are entitled to a work environment free of intimidation, malice, and discrimination of any kind. Subordinates should be able to air their grievances to management without fear of retribution. Information conveyed to the SCCGJ by the employees about management, was consistent with items listed in the original complaint. The Honorable Marie Sovey Silveira, Presiding Judge Superior Court of California, Stanislaus County August 25, 2015 Response: I agree with this finding in part. The current management practices should be evaluated and reviewed by a third party. A fresh and knowledgeable perspective is welcome. We are always looking for ways to improve. Because I have not been provided with the specific details by the SCCGJ as to the complaint and investigation, I am not able to respond as to specific concerns referenced in the Grand Jury Report. Employees should be allowed to communicate their issues, are entitled to a work environment free of intimidation, malice, and discrimination of any kind and should be able to air their grievances without fear of retribution. I do not believe that there is an atmosphere of intimidation, malice, and discrimination at ESMAD. Since 2003, only three employees of ESMAD have left their positions. I have an open door policy and employees are always welcome to come to me directly with their issues and concerns. Employees frequently meet with me to discuss questions and concerns.
Related Recommendations (1)
R1
Page 3
An audit of ESMAD's management practices by an outside firm to identify deficiencies and corrective actions needed. All employees should attend ethics and diversity training administered by a third party. Both the District Manager and Foreman would benefit from further training in regards to supervision and management of employees. The change needs to happen from the top down. Response: This recommendation has not been fully implemented but will be implemented in the future. An outside firm, experienced in providing human resources services, management consultant services and conducting human resources investigations, (Human Resources Practitioners (HRP)), has been retained by ESMAD's Board of Trustees to conduct an audit of ESMAD's management practices to identify deficiencies and corrective actions needed. HRP began work on this project on August 3, 2015. It is estimated that this investigation will be completed by September 30, 2015. Additionally, arrangements are being made for ethics and diversity training for ESMAD's employees to be administered by a third party. This training will be conducted in September/October 2015 as the mosquito season is winding down. ESMAD is a member of the California Special Districts Association (CSDA). I regularly attend workshops each year offered by CSDA. CSDA is offering workshops in September 2015 on human resources topics including supervision and management of employees. The Foreman and I will be attending workshops through CSDA or other alternative arrangements for training in the Fall will be made. The Honorable Marie Sovey Silveira, Presiding Judge Superior Court of California, Stanislaus County August 25, 2015
F2 Page 4
The District's current HR system is outdated and does not appear to be adequate. For example, a blank employee annual review form was provided on request, but the interviewed employees were unaware of the existence of the document. The District Policies and Procedures handbook is in need of updating. The policy on filing an employee grievance provided was last updated in the late 1980's and still referenced union representation; however, the employees have not been part of a union in years. Response: I agree with this finding in part. The current HR system including the human resources policies should be updated. I do not have information about the interviews with ESMAD employees and am unable to agree or disagree with the example in the finding involving the response of interviewed employees to the blank employee annual review form. I agree with the statement regarding the employee grievance policy.
Related Recommendations (1)
R2
Page 4
An audit of ESMAD's HR procedures by an outside firm specializing in HR management practices to identify deficiencies and suggest corrective actions needed. Response: This recommendation has not been fully implemented but will be implemented in the future. An outside firm, experienced in providing human resources services, management consultant services and conducting human resources investigations, (Human Resources Practitioners (HRP)), has been retained by ESMAD's Board of Trustees to audit ESMAD's HR procedures and provide recommendations including recommendations for updating the personnel policies/regulations. HRP started work on this project on August 3, 2015. I understand that the audit will be completed by October 30, 2015 and updated personnel policies/regulations will be implemented in a timely manner thereafter.
F3 Page 4
The Board members are appointed by the County Board of Supervisors to a three year term, with a two term limit. The current tenure of the Board is an average of 20 years. Response: Although I agree with this finding as to the appointment and tenure of the Board of Trustees (Board), I do not agree that ESMAD does not have an effective and involved governing Board. The members of the Board attend the monthly meetings prepared and engaged. The Board does not hesitate to ask questions, make decisions and set policies and directions. They take seriously their responsibilities including the obligation to be educated as to the past and current issues facing ESMAD. Board members have attended MVCAC meetings and then provided a report at the Board The Honorable Marie Sovey Silveira, Presiding Judge Superior Court of California, Stanislaus County August 25, 2015 meetings about information received at these meetings. Board members also undergo training about their governance responsibilities. At their monthly meetings, the Board reviews staff activities, current issues facing the district and ESMAD's finances.
Related Recommendations (1)
R3
Page 5
The ESMAD needs a Board that is more involved in the oversight of the District. The Stanislaus County Board of Supervisors should expand public awareness of ESMAD Board vacancies to increase interest in Board membership. Response: This recommendation is directed to the Stanislaus County Board of Supervisors. However, I would repeat here as discussed above that the Board is engaged and involved in the oversight of the District.
F4 Page 5
The observations of the SCCGJ during our investigation indicate differing views from each of the Districts, one is more preemptive, and the other is more reactive in their approach the control of the mosquito population. Merging the two Districts would utilize the strengths of each and streamline operations. Response: I disagrees with this finding. As mentioned at the beginning of this response, ESMAD takes seriously its responsibilities to reduce mosquito sources and mosquito diseases in the 540 square miles of Stanislaus County that it services. ESMAD utilizes the latest research to adapt as needed to meet the challenges in its area. ESMAD has a track record of working proactively with other agencies and is not just reactive but also proactive in its efforts to serve the public. Again, this is demonstrated not only by its ongoing education and outreach efforts but also by the low level of service requests received indicating that ESMAD's proactive methods are effective. The Stanislaus Local Agency Formation Commission (Stanislaus LAFCO) prepared a Municipal Service Review and Sphere of Influence Update for ESMAD and TMAD in 2013. Stanislaus LAFCO proposed no changes as to the Sphere of Influence for the two districts which was consistent with the Sphere of Influence Update prepared in 2008. Stanislaus LAFCO was invited to respond to this finding in the Grand Jury Report. On July 23, 2015, Stanislaus LAFCO's invited response concluded that consolidation of ESMAD and TMAD "would not produce any sizeable efficiencies or savings." Stanislaus LAFCO observed that multiple field offices would be required due to the size of the County and that ESMAD and TMAD were formed under different principal acts with different authorities including how they are governed and how the trustees are appointed. The Honorable Marie Sovey Silveira, Presiding Judge Superior Court of California, Stanislaus County August 25, 2015
Related Recommendations (1)
R4
Page 6
The Stanislaus County Board of Supervisors should prepare a study to examine the feasibility of consolidating the ESMAD and TMAD by LAFCO. Response: This recommendation is directed to the Stanislaus County Board of Supervisors. However, I contend that this recommendation is not warranted for the reasons discussed above. Respectfully submitted, 129h Lloyd Douglass, Manager East Side Mosquito Abatement District CC: Stanislaus County Civil Grand Jury Post Office Box 3387 Modesto, California 95353 Stanislaus County Board of Supervisors 1010 Tenth Street Suite 6700 Modesto, California 95354 Stanislaus Local Agency Formation Commission 1010 Tenth Street, 3rd Floor Modesto, California 95354 BOARD OF TRUSTEES <b>EAST SIDE</b> KANDY SCHMIDT Chairman, Waterford MOSQUITO ABATEMENT DISTRICT BILL PRINGLE Vice-Chalrman, Oakdate <b>Stanislaus County</b> CARL(TONY) OTT Secretary, Modesto LLOYD DOUGLASS RON GREENWOOD MANAGER Modesto 2000 Santa Fe Avenue FRED WILDER Modesto Modesto, CA 95357 ANNA WEBB Modesto August 19, 2015 The Honorable Marie Sovey Silveira, Presiding Judge Superior Court of California, Stanislaus County P.O. Box 3488 Modesto, CA 95353 Re: Response of East Side Mosquito Abatement District to the 2014-2015 Civil Grand Jury Report Case 15-05C Dear Judge Silveira: This letter will serve as the formal response of the Board of Trustees of the East Side Mosquito Abatement District (Board) to the Stanislaus County Civil Grand Jury Report Case 15-05C (Grand Jury Report). The Board acknowledges and appreciates the efforts of the members of the 2014-2015 Stanislaus County Civil Grand Jury in conducting the investigation and preparing the report. This response is provided pursuant to California Penal Code sections 933 and 933.05. By way of preliminary comments, the Board notes that a one-size-fits-all approach in the Grand Jury Report comparing the abatement methods of Turlock Mosquito Abatement District (TMAD) and East Side Mosquito Abatement District (ESMAD) is not useful given the differences in the topography served by the agencies and the different issues addressed by each entity. The Board disagrees with any implication that ESMAD is less forward thinking and less proactive than other agencies. ESMAD has a comprehensive surveillance program that implements integrated vector management (IVM) strategies in order to reduce mosquito sources and mosquito-borne diseases. ESMAD's aircraft are equipped with the latest drift optimizing software and equipment allowing the district to identify and treat specific target areas. ESMAD works in conjunction with local health agencies as well as the State of California by monitoring mosquito abundance and mosquito-borne virus activity. ESMAD participates in the Stanislaus County West Nile Virus task force and recognizes that the West Nile Virus is an ever changing target. ESMAD is a sustaining member of the Mosquito and Vector Control Association of California (MVCAC) and the American Mosquito Control Association (AMCA). J. Silveric<br>J. Silveric<br>in disc<br>provinced RECEIVED SEP 1 5 2015 MEMBER - CALIFORNIA MOSQUITO AND VECTOR CONTROL ASSOCIATION <b>Civil Grand Jury</b> (7) The Honorable Marie Sovey Silveira, Presiding Judge Superior Court of California, Stanislaus County August 19, 2015 Expanding the year round staff would potentially result in a significant cost increase and would not result in a more proactive approach as ESMAD is already working proactively throughout the year with its existing staffing levels. Please know that the Board takes seriously its responsibilities and welcomes suggestions for improvement.

* This report's PDF did not contain easily extractable text and required Optical Character Recognition (OCR) for analysis. There may be minor errors in the extracted findings and recommendations due to OCR limitations with scanned documents.