Tuolumne County Transit Agency August 14, 2024 Judge Kevin Seibert*

When TCTA was formed many administrative tasks were left incomplete, causing ambiguity concerning legal and human resources matters. Response 2: Disagree: The Grand Jury was provided copies of TCTC agenda staff reports, resolutions, and meeting minutes documenting exactly how staff functions would occur when creating the TCTA whereby existing staff would continue to serve both the TCTC and public transit (TCTA). The meeting documents clearly show participation and support by legal counsel and the Human Resources Manager for using the same staff for both TCTC and TCTA functions. The County Administrator, Auditor Controller and City Manager were also consulted in the creation of the TCTA leading to the Joint Powers Agreement approval by both the City of Sonora and County of Tuolumne. Specific language in the July 27, 2011 background report states: “The purpose of this agenda item is to inform the TCTC of this pressing situation and gain support for the approval of a Joint Powers Agreement between the County and City to create a new agency named the "Tuolumne County Transit Agency." This agency would be governed by the same Board members as the TCTC, and staff functions would be performed by the existing staff of the TCTC. No title or compensation changes are proposed with this reorganization." The approved JPA stated: "SECTION 6. MANAGER The Board may appoint a manager who shall be the chief administrative officer of the Agency and assume such other duties and responsibilities as the board may direct including, but not limited to, the execution of Agency documents and contracts when so authorized by resolution of the board. The manager shall serve at the pleasure of the board. Other employees may be hired as may be from time to time required." While the TCTA has the option to appoint a Manager to be the chief administrative officer. In its first adopted budget, the TCTA decided to continue to share the Executive Director with the TCTC, splitting the cost of the position 60% TCTC/40% TCTA, thereby reducing costs to the public. Phone: 209/533-5603 Mailing: 2 South Green Street 975 Morning Star Drive Suite A Sonora, CA 95370 Therefore, the Grand Jury accusation "there is no evidence the Executive Director position was ever created by the TCTA Board of Directors", is categorically false. The Grand Jury was provided a copy of the Joint Powers Agreement for the TCTC signed by both the County of Tuolumne and City of Sonora stating these agencies would provide support services to the TCTA and may be reimbursed for such services. Currently the County provides Accounting and Auditing, Legal Services, Human Resources, IT, Facility Management and other support services on an as needed basis. Some services are reimbursed directly through invoices such as legal services while many other services are reimbursed indirectly through what is known as A87 charges which are clearly shown in annual budgets. The Agreement specifically states: "10.8. Other Personnel. Additional professional and administrative staff will serve as employees of the TCTC to provide the support needed to carry out TCTC's responsibilities as the regional transportation planning agency for the Tuolumne County Region. TCTC employees will work under the direct supervision of the Executive Director. The specific positions and their duties and responsibilities are identified in the TCTC Organization and Procedures Manual. Upon request of the Executive Director, the County Administrative Officer or City Manager may assign County or City personnel to perform work for the TCTC. TCTC work assigned to County and/or City employees should be programmed and approved in the TCTC's annual Overall Work Programs and included in the TCTC's annual budgets. Compensation for the direct and indirect costs of work performed for the TCTC by County and City employees will be reimbursed to the respective Member Agency by the TCTC at the rate mutually agreed upon in advance. The TCTC may annually negotiate an agreement with the Member Agencies for services that may include, but are not limited to, Treasurer, Auditor-Controller, Legal Services, Information Technology (IT) and Human Resources." Support services historically negotiated with the County and City has saved considerable costs to each agency. For this and other reasons, the agencies added the following section in the TCTA JPA: "SECTION 2. AMENDMENT OF PREVIOUS AGREEMENT- CONTINUATION OF RIGHTS, DUTIES AND <b>OBLIGATIONS</b> It is the purpose of this Agreement to take over the operations, rights, duties, and property informally carried out, incurred, and acquired by the Tuolumne County Transportation Council and the County of Tuolumne with respect to the Public Transportation System. All rights, duties, and obligations incurred thereby shall remain in full force and effect. The Agency is to be construed as having been in continual existence since its inception and no action previously taken is to be considered modified, amended, or otherwise affected by this Agreement." While the legal and documentation path to utilization of the Executive Director and existing TCTC staff for the TCTA is complicated, there is nothing fundamentally wrong with our process just because it is different than the Grand Jury's suggestion. Furthermore, the joint powers agreement language for support services from the County and City are also perfectly valid. Phone: 209/533-5603 Mailing: 2 South Green Street 975 Morning Star Drive Sonora, CA 95370 Suite A <b>F3.</b> The current TCTA Public Information function is in poor condition. Response 3: Partially Disagree: The TCTA public information system has many positive attributes not mentioned by the Grand Jury. The TCTA increases public awareness of public transit services with booths at the County Health Fair, Community Roots Resource Fair, 49er Festival and events at Columbia College, Advertisements on MyMotherlode.com, radio advertising, TV commercials and streaming impressions also promote Tuolumne County Transit. The TCTA website is utilized thousands of times each year for schedule and real time arrival information. The public can access considerable information via the website. However, some information was outdated when reviewed by the Grand Jury and other notable short comings do exist.

The current TCTA Public Information function is in poor condition. Response 3: Partially Disagree: The TCTA public information system has many positive attributes not mentioned by the Grand Jury. The TCTA increases public awareness of public transit services with booths at the County Health Fair, Community Roots Resource Fair, 49er Festival and events at Columbia College, Advertisements on MyMotherlode.com, radio advertising, TV commercials and streaming impressions also promote Tuolumne County Transit. The TCTA website is utilized thousands of times each year for schedule and real time arrival information. The public can access considerable information via the website. However, some information was outdated when reviewed by the Grand Jury and other notable short comings do exist.

TCTA does not have a written Citizen Complaint Procedure. Response 4: Agree: As a small transit operator, the Federal Transit Administration does not require the TCTA to have an adopted formal complaint procedure for general service complaints.

Storer Transportation Services (Storer) has failed to provide the bi-yearly summary reports required by their contract with TCTA. Response 5: Agree.

Storer consistently fails to meet the 95% on-time Performance Standard required by their contract with TCTA. Response 6: Agree.

TCTA Board members have an inadequate knowledge of the role and functions of the TCTA Board. Response 7: Disagree: The Grand Jury made its finding based upon the written meeting minutes. The TCTA uses summary action minutes that often do not capture verbatim comments from Board members or staff. Frequently, the phrase "discussion ensued" is used to cover what can often be lengthy and detailed conversation between the Board and staff. It is wholly inappropriate for the Grand Jury to jump to the conclusion that "a lack of critical questioning by the Board" ... "lack of connecting the dots" ... or "There is no evidence to suggest that the Board and the Agency communicate regularly" simply because it was not included in meeting minutes that were never intended to capture such dialogue. Furthermore, it is unfair for the Grand Jury to disparage citizen Board members on the basis they could not recite the Board duties and responsibilities verbatim. The authors of this report had unreasonable expectations of technical aspects of TCTA's Board knowledge that would typically fall under the purview of staff. All TCTA meetings are recorded on video and can be viewed by the public and Grand Jury for a more accurate picture of the Board's knowledge and engagement.

TCTA has very few written goals, objectives, policies, and procedures. Much of the "corporate knowledge" of TCTA operations is merely stored in the Executive Director's mind. Response 8: Disagree: The goals, objectives, and policies of the TCTA are noted in response #1. Additionally, policies of the agency are written and stored in the agencies electronic filing system available to all staff and public. Furthermore, an adopted Organization and Procedures Manual provides substantial information about how to run the agency. Finally, a hierarchy of executive, senior and mid-level staff having 31, 15, 8 and 3 years' experience provides considerable continuity of institutional knowledge to new employees and Board members. Phone: 209/533-5603 Mailing: 2 South Green Street 975 Morning Star Drive Sonora, CA 95370 Suite A To say corporate knowledge of TCTA operations is merely stored in the Executive Director mind is simply incorrect. The following are the TCTC and Executive Director's response to the Grand Jury Recommendations: RI. The TCTA Executive Director should develop and implement TCTA goals and objectives, and a yearly process to analyze if the desired results are being met. Response 1: Will not be implemented because it is not warranted. It is unclear why the Grand Jury incorrectly determined the TCTA did not have adopted Goals and Objectives. The RTP is Updated every 5 years at which time TCTA Goals and Objectives will be reconsidered. The TCTA receives semi-annual reports that monitor performance. The semi-annual report will be re-formatted to clear analyze if desired results are being met.