Mariposa County Grand Jury • 2022-2023 • Agency Response

Réceived September 23, 2022*

Published: September 23, 2022 5 pages
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Findings and Recommendations 5 findings

F1
The JCF board does not always comply with the Brown Act, California Health and Safety Code §3200-32499.4, and California Government Code §54956.87 regarding the wording of closed session agenda items and actions at board meetings. Response: JCF's Board agrees partially with this finding, in that the Board always endeavors to word closed session agenda items and take actions at Board meetings in a manner that is fully compliant with the Brown Act and Health and Safety Code. However, to the extent there have been inadvertent instances of noncompliance, the Board agrees to take all necessary corrective actions to ensure no such instances occur going forward.
Related Recommendations (1)
R1
The JCF board must follow Brown Act, Health and Safety Code §3200-32499.4, and GC §54956.87 requirements. One way to ensure this would be to use the GC templates. Response: This recommendation has been implemented in all Board meeting agendas published since the Grand Jury Report, and will continue to be implemented on an ongoing basis in the future.
F2
The JCF Board does not have a lawyer present during closed session litigation or potential litigation discussions. Response: JCF's Board partially agrees with this finding; JCF's counsel has, from time to time, attended litigation-related closed session discussions, but the Board will work in conjunction with the CEO to ensure counsel is present at every litigation-related closed session going forward.
Related Recommendations (1)
R2
JCF's legal counsel must be present for all closed session items regarding litigation. Response: This recommendation has been implemented, as the Board recently held a litigation-related closed sessions after the release of the Grand Jury Report and ensured that legal counsel was present. In addition, the Board is committed to ensuring that legal counsel will attend <u>all</u> litigation-related closed sessions in the future.
F3
Regarding a November 2021 agenda item about the request for registered nurse union recognition, there was improper board discussion of this item during closed session. Response: JCF's Board agrees with this finding, and will ensure no such discussion of agendized open session items occur in closed session going forward.
Related Recommendations (1)
R3
The JCF Board must ensure it is only discussing items in closed session that fall under the purview of closed session and are properly noticed. Response: This recommendation has been implemented, as the Board recently held a closed session after the release of the Grand Jury Report. At that meeting, the Board was careful to discuss only those items in closed session that were properly noticed and fell within the scope of the agendized closed session item. In addition, the Board is committed to ensuring continued compliance at all future meetings. 1. The Honorable Michael Fagalde, Presiding Judge, and Members of the Grand Jury September 23, 2022 Page Five
F4
The JCF bylaws state that the agenda and minutes are the responsibility of Administration and yet neither the CEO nor the COB have had Brown Act, Health and Safety Code §3200-32499.4, and GC §54956.87 training. The Honorable Michael Fagalde, Presiding Judge, and Members of the Grand Jury September 23, 2022 Page Four Response: JCF's Board partially agrees with this finding; the Clerk of the Board has not been formally trained in Brown Act or Health and Safety Code § 3200-32499.4, but has received some on-the-job training. Further, the CEO has received formal training in these matters in recent years. Still, the Board commits to ensuring that the CEO, and all pertinent staff, receive regular Brown Act and Health and Safety Act trainings from qualified individuals going forward.
Related Recommendations (1)
R4
The JCF Board should ensure staff drafting meeting agendas and minutes have the training they need to carry out that job function Response: This recommendation has not yet been implemented, but the Board, through the CEO, is in contact with personnel who are capable of and willing to provide such training, and is in the process of scheduling the training for the coming weeks.
F5
The JCF board members are not required to attend Brown Act training. While some have received this training, none retrain on a regular basis. Response: JCF's Board partially agrees with this finding. Board members have, in the past, been required to attend Brown Act training. However, with respect to regular re- trainings, the Board and CEO have already begun the process of scheduling a refresher training course, and will ensure that all Board members will be required to attend regularly scheduled trainings going forward.
Related Recommendations (1)
R5
The JCF Board should schedule Brown Act training on a regular timeframe. Response: This recommendation has not yet been implemented, but the CEO is in contact with personnel who are capable of and willing to provide such training, and is in the process of scheduling the training for the coming weeks. If you have any questions, please contact District Counsel, Noel Caughman, at (925) 977-3334. Sincerely, Lunda Pribys Linda Pribvl Board Chair, John C. Fremont Healthcare District Board of Directors Received Honorable PG933 Michael Α -

* 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.