Stanislaus County Grand Jury • 2010-2011

Stanislaus County Civil Grand Jury City of Patterson Case numbers 11-01c, 11-02c, 11-04c, 11-05c, 11-08c, & 11-18c

13 pages
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Findings and Recommendations 6 findings

F1
The IPM was not a resident of the City of Patterson during the 2008-2010 term as Mayor. The IPM, spouse and family lived in the home outside the city limits that was occupied in 2007. The IPM made a written admission indicating he/she was ineligible to serve as Mayor of Patterson and misled the community members to the actual place of residency. The California Government Code states that the position of Mayor shall become immediately vacant upon moving from within the jurisdictional boundaries of the city.
Related Recommendations (1)
R1
The IPM knowingly failed to follow established statutory laws and policy by residing outside the city limits of Patterson. The California Government Code stipulates that the position shall become immediately vacant and thereby forfeit any voting privileges or other powers of the Mayor during the 2008-2010 years of elected service. The IPM shall reimburse the City of Patterson his/her salary of $300.00 per month, ($9,300.00) from the time of admitting the fact that he/she was not a Patterson resident and was not eligible to run for office (2.12.020 (b) Patterson City Municipal Code). (California Government Code §§ 34882, 34904, and 36502 (a)). The Patterson City Council shall review all votes that the IPM rendered during the term of 2008-2010. Specifically, the votes that were 3-2, which had a direct impact on city business shall be examined. This review of votes cast by the IPM during this term of ineligibility shall be done during a public City Council meeting.
F2
Council member A failed to disclose a fiduciary conflict of interest with the landlord/developer to other Council members or with the community members. With a history of late payments, arrearages, and funds “written off,” Council member A never recused from a vote involving the landlord/developer. Council member A never reviewed a verification of legal expenses prior to voting to pay attorney fees, which is a gift of public funds in the SCCGJ’s opinion. The money paid to the landlord/developer was absorbed through the City of Patterson’s general fund account while this individual was still the landlord of Council member A.
Related Recommendations (1)
R2
Council member A should be held accountable for the sustaining violations and resign from elected office (Patterson City Council). Community members can evaluate the need and collect signatures for a special recall election if they feel warranted by this report and if Council member A refuses to resign. Council member A had a fiduciary conflict of interest with the landlord/developer.
F3
On October 26, 2009, the IPM (nor any other council member) never reviewed a verification of legal expenses prior to voting to pay attorney fees to the landlord/developer, which is a gift of public funds in the SCCGJ’s opinion. Factual and procedural statutes outlining gifts of public funds are located within the California Constitution, Article XVI, Section 6. Besides the lack of knowing/viewing any verified funds, the council cannot give public monies without a properly filed lawsuit, verification of funds, court order, contract or statutory authority. • Council members C and D voted not to provide the landlord/developer with a gift of public funds due to the lack of verified itemization and further legal opinion(s).
Related Recommendations (1)
R3
All Patterson City Council members shall have established criteria and authenticated documentation for the disbursement of public funds on any claim, litigation, or payments prior to voting.
F4
Between 2008 and 2010, the IPM and Council member A were not in compliance with the mandated AB 1234 ethics training required under the Political Reform Act of 1974. The IPM and Council member A’s vote to gift the landlord/developer took place during the time of non-compliance.
Related Recommendations (1)
R4
All Patterson City Council members shall post their AB 1234 Ethics Training results on the City website to ensure compliance. The City Clerk shall monitor this requirement and place upcoming AB 1234 expiration dates on the public agenda. Members who fail to remain in compliance of AB 1234 shall be mentioned at open meetings until they complete the certification.
F5
The IPM, Council member A, and Council member B were involved in the resignations of the IPCM and the CDD. 8
Related Recommendations (1)
R5
On April 20, 2010, Council members A, B and the IPM voted to terminate the IPCM during a closed session of a City Council special meeting. The Patterson City Municipal Code mandates that this action shall be done during a regular City Council meeting. (Patterson Municipal Code § 2.16.120). FINDINGS Council member C Council member D
F6
The SCCGJ could find no evidence of a code of ethics and a requirement to complete AB1234 Ethics Training for members appointed to boards and commissions. RECOMMENDATIONS
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.

Patterson City