Failure to Plan

Attendance and punctuality at attended 26 of 28 meetings and Commission meetings by some Planning was late 14 times from 3 to 57 Commissioners has been an ongoing minutes. problem and described in the 2002- d. The District Four Commissioner 2003, 2006-2007 and 2007-2008 attended 26 of 28 meetings. Grand Jury Final Reports. e. The District Five Commissioner attended 26 of 28 meetings and

On August 11, 2009 the BOS appointed was late twice. an alternate Planning Commissioner. f. One At-Large Commissioner attended 24 of 28 meetings.

The BOS decided that an alternate g. One At-Large Commissioner Planning Commissioner (an 8th person) attended 13 of 28 meetings and would not only assist in solving the eventually resigned. problem of not having a quorum but it 71 × TULARE COUNTY GRAND JURY REPORT 2009-2010

On several occasions a Commissioner commissions, and committees whose was observed operating a cellular phone members serve at the pleasure of the during the meeting while business was legislative body, and the necessary being conducted. qualifications for each position.”

The BOS followed the minimum 12. The BOS has what is called the List of standards of the Maddy Local Appointive Offices on Regulatory and Appointive List Act 1 (Act). Advisory Boards, Commissions and Committees.

In Section 54970 of the Act, the Legislature declared that many 13. Section 54973 of the Act states, “The opportunities exist for the public to be Local Appointments List shall be made appointed to local regulatory and available to members of the public for a advisory boards, commissions and reasonable fee which shall not exceed committees. Additionally, the Act actual cost.” It continues by instructing declared that the public has traditionally the BOS to appoint the largest public been denied access to information library within its jurisdiction to “…receive regarding vacancies on these boards, a copy of the list”. commissions and committees. This denies citizens and interest groups the 14. Section 54974 of the Act provides that opportunity to nominate persons to in situations other than an emergency, contribute to the efficient and the BOS shall post unscheduled representative policy development and vacancies not earlier than 20 days administration in local government. before or not later than 20 days after the vacancy occurs.

Section 54972 of the Act states that by 15. Section 54974 of the Act also states December 31 of each year the BOS that unscheduled vacancy notices shall prepare a “…list of all regular and “…shall be posted in the office of the ongoing boards, commissions, and clerk of the local agency, the library committees which are appointed by…” designated pursuant to section 54973, the BOS. This section of the Act also and in other places…” states, “This list shall be known as The Local Appointments List.” CONCLUSIONS

Section 54972 (a) of the Act states that The findings revealed no meetings were this list shall contain appointive terms cancelled due to a lack of a quorum in 2008 which will expire during the next and 2009. At a cost of at least $2,400 a calendar year, “…with the name of the year (which does not include mileage, travel incumbent appointee, the date of for training and other expenses) the appointment, the date the term expires, appointment of an alternate Commissioner and the necessary qualifications for the was unnecessary and fiscally irresponsible. position.” It appears that not having a sufficient

Section 54972 (b) of the Act states the number of people to fill a vacant Commission list shall also contain “…all boards, position may be due to a lack of advertising. The Grand Jury believes there are members of the public, both professional and non- 1 California Government Code 54970-54974 Ø 72