Mendocino County Grand Jury • 2004-2005

County of Mendocino Post Office Box 629

Published: March 01, 2005 5 pages
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Findings and Recommendations 7 findings

F1
Reports published earlier this year by the Mendocino County Grand Jury (on Animal Control and the Library) cited the failure of the BOS to exercise proper and sufficient control over the administration of those departments. The same criticism occurs in a number of Grand Jury reports from previous years. Response (CEO): The CEO agrees with this finding that the reports have been critical. Response (County Counsel): The Department agrees with the finding that this year the Grand Jury did allege that the Board of Supervisors failed to exercise proper and sufficient control over the administration of Animal Care & Control and the Library. Response (Board of Supervisors): The Board agrees with this finding that the reports have been critical.
No recommendations for this finding
F2
Under the new organization, the BOS retains direct supervisory responsibility only for the Clerk of the Board, the County Counsel and the CEO. All other County agencies are ultimately the responsibility of the BOS but will be supervised by the CEO. Response (CEO): The CEO disagrees with this finding in part and agrees with this finding in part. Elected department heads cannot be supervised by the Board or the CEO. The Chief Probation Officer and the Farm Advisor are appointed and supervised by other entities than the Board and the CEO. Additional language will be necessary in the County Code to make provisions regarding appointed department heads consistent with supervision by the CEO. Response (County Counsel): The Department disagrees with this finding in that the CEO does not supervise the Assessor-Clerk-Recorder’s Office, the Sheriff’s Office, the District Attorney’s Office, the Auditor-Controller, Treasurer-Tax Collector, or any other elected official’s department. Response (Board of Supervisors): The Board disagrees with this finding in part and agrees with this finding in part, in concurrence with the response of the CEO.
No recommendations for this finding
F3
The language in the ordinance, which does not clearly assign responsibilities for supervision of departments, leaves considerable room for confusion and misinterpretation. Response (CEO): The CEO agrees with this finding. Response (County Counsel): The Department disagrees with this finding. The ordinance amending Mendocino County Code § 2.28 et seq. states that the CEO will “appoint, transfer, discipline, suspend or dismiss, as appropriate, any non-elected department head who is not required to be appointed by the Board of Supervisors.” (§ 2.28050 (3)(h)) The amended ordinance also defines those department heads who report directly to the BOS. (see § 2.28.050(3)(g)) In addition, when read as a whole, the new ordinance clearly establishes that the department heads, except for elected department heads, County Counsel, and the Clerk of the Board, all report to the CEO, and that the CEO has the ability to terminate and/or discipline the department heads that report to the CEO. Response (Board of Supervisors): The Board agrees with this finding.
No recommendations for this finding
F4
Mendocino County Supervisors are elected officials who do not necessarily have the training and expertise to be personnel managers. Response (CEO): The CEO does not have sufficient information to agree or disagree with this finding. Response (County Counsel): The County Counsel cannot agree or disagree with this finding due to insufficient information. Response (Board of Supervisors): The Board does not have sufficient information to agree or disagree with this finding.
No recommendations for this finding
F5
The CAO’s office had seven funded positions in the 2004-5 County budget. Response (CEO): The CEO agrees with this finding. Response (County Counsel): The Department does not have sufficient information to either agree or disagree with this finding. Response (Board of Supervisors): The Board agrees with this finding.
No recommendations for this finding
F6
There is no anticipated increase in staffing for that office under the CEO. Response (CEO): The CEO agrees with this finding in part and disagrees with this finding in part. There has been no increase in staffing attributable to the transition to CEO, at this point in time. Analysis is underway regarding workload and resources. There has been the addition of two positions as a result of incorporation of the risk management function into the Executive Office. The two Safety Officers are not included in this count. Response (County Counsel): The Department does not have sufficient information to either agree or disagree with this finding. Response (Board of Supervisors): The Board agrees with this finding in part and disagrees with this finding in part; in concurrence with the response of the CEO.
No recommendations for this finding
F7
The CEO is an at-will employee of the County – that is, his employment may be terminated at any time by a vote of the BOS. Response (CEO): The CEO agrees with this finding. Response (County Counsel): The Department agrees with this finding. Response (Board of Supervisors): The Board agrees with this finding.
No recommendations for this finding

Comments 1

No Responses Found 1

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Mendocino County County