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Extracted from Consolidated Report
This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.
Kings County Grand Jury
• 2013-2014
Comments The Grand Jury, in the course of its investigation, has found that many facets of Home Garden governance need
⚠️ 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 7 findings
F1
Page 24
The Grand Jury found that Brown Act violations were prevalent throughout the HGC.SD board meetings.
F2
Page 24
While the California Fair Political Practice Commission (CFPPC) is mentioned in HGCSD bylaws, it appears that Board members lack knowledge of its content.
F3
Page 25
HGCSD bylaws appear to be incomplete and not reviewed on a yearly basis per the stated policy: § 14 of their bylaws.
F4
Page 25
The formation of the 501 (c)(3) was put in place without a cost estimate, a bidding process or formal approval for the hiring of the firm. Recommenqation 4: Procedures regarding bidding regulations are not addressed in the HGCSD bylaws as per CGC § 61063(a). The bylaws should be updated to include the current regulations and be reviewed by all board members. Response 4: The District agrees with this finding. However, a cost estimate, bidding process and formal hiring of a firm to provide professional services were not required by any statute. Furthermore, Government Code § 61063 (a) does not mandate that bidding procedures be enacted as bylaws. For that reason, this recommendation will not be implemented through enactment of bylaws. However, because Government Code § 6106,3 (a) requires adoption of .policies and procedures, incll;!ding oiddihg regulations; governing the purchasing of supplies and equipment not governed by Article 43 (commencing with Section 20680) of Chapter 1 of Part 3 of the Public Contract Code, the District intends to review its procurement policies and, if none exist or if they require updating, to enact by Board resolution or ordinance appropriate procurement policies and procedures for acquisition of: (1) supplies and equipment; and (2) materials and supplies for the construction or completion of any District building, structure or improvements costing less than the statutory threshold codified in Public Contracts Code § 20682 (presently $25,000 or greater). Such implementation will commence within six ( 6) months from the date of publication of the grand jury report.
F5
Page 25
Two family members on the HGCSD board also serve as President and Vice President of the HGCC.
F6
Page 23
The HGCD Board approved a credit card with a $500 limit. The card issued was a debit card and was not discussed or approved by the board. The use of the debit card was not questioned or approved at any board meeting, though the $500 limit was exceeded.
F7
Page 23
A G .L. account of $10, 000 for grant writing was never set up by the accounting firm as requested by the District Manager and the board.
Recommendations 6
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R1Page 24Training on the Brown Act should be conducted on an annual basis for all board members per the HGCSD bylaws. Response 1: The District partially disagrees with this finding to the extent that no specific violations were identified. However, the District agrees that it can benefit from annual Brown Act training for all Board members. Since the issuance of the Grand Jury report, the District's Board and General Manager have obtained mandated AB-1234 (2005) training including training regarding the Brown Act, conflicts of interests and other required topics. Accordingly, the recommendation has been implemented as to the existing calendar year and the District's Board will continue to comply with AB-1234.
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R2Page 24Bylaws and associated documents should be reviewed on a continuing basis, and members should obtain training to familiarize themselves with the Political Reform Act and its compliance and reporting requirements. Response 2: The District agrees with this finding. Since the issuance of the Grand 10 Hon. Thomas Desantos, Presiding Judge RE: 2014 Grand Jury Report on Home Garden Community Services District May 14, 2014 Page2 Jury report, the District's Board and General Manager have obtained mandated AB- 1234 (2005) training including training regarding the Political Reform Act of 1974, conflicts of interests and other required topics. Accordingly, the recommendation has been implemented as to the existing calendar year and the District's Board will continue to comply with AB-1234.
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R3Page 25HGCSD Board members should read, update and follow their bylaws. · Response 3: The District agrees with this finding insofar as all bylaws were not reviewed annually. The Board intends to review its bylaws periodically and update them as needed, including any portions which might be incomplete. Accordingly, this recommendation has not yet been implemented but will be within six ( 6) months from the. date of publication of the grand jury report.
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R5Page 25To avoid the appearance of a conflict of interest, because these 11 Hon. Thomas DeSantos, Presiding Judge RE: 2014 Grand Jury Report on Home Garden Community Services District May 14, 2014 Page3 family members are also members of the newly created 501 (c)(3 ), they should have disqualified themselves from both discussing and voting on the approval for setting up the 501(c)(3). Response 5: The District agrees with this finding. However, the recommendation will not be implemented because the District cannot do so retroactively. Moreover, individual officeholders are responsible for disqualifying themselves. Finally, we do not anticipate this issue arising again since both of the family members resigned from the District's board of directors in 2013.
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R6Page 23All expenditures should be reviewed by the HGCSD board when using any debit or credit cards and receipts should be submitted to the appropriate person for accounting purposes.
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R7Page 23This account should be set up as previously requested. COMMENTS The Grand Jury, in the course of its investigation, has found that many facets of Home Garden governance need to be addressed. The Board consists of citizens who sincerely desire to create a better district and devote time and energy toward that end. There seems to be a need of education and guidance in the performance of their duties. Possibly, mentors could be found who are willing to help with the organization and operation of the district. Maybe attending other district board meetings could offer new directions and guidelines.