⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings 17 findings
F1
The City does not have an organizational chart.
F2
The Mayor/City Council member is also simultaneously holding the office of City Fire Chief, which is a department head position, supervised, controlled, audited and disciplined by the City Council which appears to be a conflict of interest in violation of the doctrine of incompatible offices contrary to California Government Code Section 1099.
F3
The City Fire Department lacks proper safety and equipment training and does not have a written roster listing the names of all active City firefighters.
F4
The City has not investigated numerous complaints of a Montague Fire Chief creating a hostile workplace/environment within the City of Montague Fire Department.
F5
The Montague Fire Chief suspended a mutual aid agreement with another local fire department.
F6
The City Fire Chief does not appear to be properly licensed or certified to provide certain medical and safety training to the City’s firefighters, and yet, has been doing so contrary to State Agency requirements; and has failed to properly perform equipment safety and maintenance checks on fire equipment.
F7
At a City Council meeting on December 5, 2024 the Mayor/City Council member who also simultaneously held the office of Acting Fire Chief, sat on City Council and did step down from the City Council or recuse himself as a member of the City Council, when hearing and presiding over an agenda item regarding his position held as the Acting Fire Chief, after hearing a Petition of No Confidence submitted to the City by 16 firefighters asking the Montague City Council to remove him as the Acting Fire Chief. This demonstrates that there is an issue of incompatible offices here, the Mayor/City Council member heard and discussed an issue regarding himself while on the City Council dais, for a performance evaluation for Montague Fire Assistant Fire Chief.
F8
The City of Montague has received ineffective legal advice from their city attorney concerning conflicts of interest.
F9
From 2020 to 2024, the Mayor/City Council Member/Fire Chief has contracted between the City and his private pest control business to provide pest control services to the City Fire Department for compensation contrary to the provisions of California Government Code Section 1090.
F10
City officials and employees have used public taxpayer resources to wash their private vehicles at the City of Montague Fire Department facility.
F11
The City’s practices relating to Council vacancies, public meetings, records posting and fire department are not in compliance with state and local laws.
F12
The City Administrator/Public Works Director discharged a personal firearm within the city limits at a private residence in violation of City Municipal Code to dispatch a deer, then removed the horns of the deer without a permit or authorization from the California Department of Fish & Wildlife.
F13
Code Enforcement/Animal Control Officer failed to carry out her duties.
F14
The City Clerk disclosed City employee Social Security Numbers in W2 mailings, with no required remedies offered to the victims pursuant to California data breach laws.
F15
The City has not consistently posted their City meeting agendas or minutes to be made available to the public on their City website as required by law.
F16
The City of Montague Fire Department firefighters need proper training provided by a certified licensed instructor approved by the correct State Agency (S_SV EMS).
F17
The Mayor/City Council/Fire Chief testified under Oath to the Civil Grand Jury that he is properly certified, licensed and trained to provide medical and safety training to the City of Montague Firefighters in contradiction to the testimony of the State Agency in charge of such licensing and certification. The Mayor/City Council Member/Fire Chief appears to have perjured himself to the Civil Grand Jury multiple times regarding his qualifications to provide medical and safety training.
Recommendations 17
-
R1(Montague City Council): Adopt and publish a current organizational chart, together with written descriptions of reporting relationships, supervisory authority, and departmental responsibilities.
-
R2(Montague City Council): Conduct a formal review of all current appointed and elected City positions to determine whether any incompatible offices, supervisory conflicts, or overlapping authorities exist, and eliminate any impermissible or imprudent role combinations.
-
R3(Montague City Council, the City Fire Department and City Administration) Establish written policies for Fire Department officer and management appointments, personnel status tracking, official roster maintenance, disciplinary procedures, and administrative leave or review processes.
-
R4(Montague City Council and City Administration): Create a Human Resources office, position or path. Provide ongoing training for city officers and employees on personnel management, provide for conflict resolution policy, harassment prevention and training, and management training for supervisors.
-
R5(Montague City Council): Restore and honor all mutual aid agreements other local and State agencies. Immediately.
-
R6(Montague City Council) Establish procedures to ensure the City Fire Department leadership and its firefighters and staff receive properly licensed and certified training.
-
R7(Montague City Council) With the vast issues discovered in the Civil Grand Jury investigation, receive conflict of interest training, receive competent legal counsel and consider removal of the Fire Chief. Immediately.
-
R8(Montague City Council) Obtain competent legal counsel. City Council needs to ensure they are making informed decisions that are legally sound and that exposures to litigation are reduced or avoided.
-
R9(Montague City Council): Adopt or strengthen written conflict-of-interest and public-resource-use policies requiring disclosure, required recusals where appropriate, and legal review of all contracts, transactions or business arrangements to avoid having the City do business or provide compensation to City officials' involving their private business interests.
-
R10(Montague City Council/City Administration/City Fire Department) Cease and desist of the private use of city/fire department resources. Immediately.
-
R11(Montague City Council/Administration): Review, update and correct policies and training procedures related to Brown Act compliance, council vacancy procedures, records retention, posting agendas and minutes, employee privacy protections, and incident reporting.
-
R12(Montague City Council) Provide Firearms safety training for City Administrator and Code Enforcement officer, if carrying and using firearm is part of their job duties.
-
R13(Montague City Council) Provide training on the Montague Municipal Code and State Regulations.
-
R14(Montague City Council): Establish a process to ensure data breach victims of are properly notified and aware of the civil remedies available to them as required by law. Immediately.
-
R15(Montague City Council) Comply with state laws regarding posting of meetings, agendas and minutes on the City website.
-
R16(Montague City Council/Fire Department) Recommend the Fire Chief and all fire personnel be trained by licensed, certified and qualified instructors where certification is required. Immediately
-
R17(Montague City Council/Fire Department) Recommend the Fire Chief and all fire personnel be trained IMMEDIATELY by licensed, certified and qualified instructor where certification is required.