Score: -8 (0/0/8)

Sutter County Grand Jury • 2011-2012

Endorsed Filed*

Published: April 09, 2012 4 pages

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Agency Responses 2

Government agencies' official responses to this report's findings and recommendations. Click on a response to see the structured breakdown.

SUTTER COUNTY BOARD OF SUPERVISORS - Filed 09-28-12

September 28, 2012 • 30 pages View Details ▾

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Sutter County Services District - Filed 9-22-16

August 04, 2016 • 5 pages • 16 responses • Score: -8 (+0, 0, -8) View Details ▾

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16 responses to findings and recommendations

The BOS' Response to the 2014-2015 SCGJ Final Report did not follow Califomia Penal Code Section 933.05 with respects to the mandated format and content. Additionalty, the Sutter County District Attomey did not provide an acceptable timeframe in its response.

Response: Disagree Score: -1

F2: The District disagrees wholly with this finding. (Penal Code $ 933.05(a)(2).) The District previously considered consolidating Well 2B with its other operable wells, but has since determined that such consolidation is not feasible.

The Sutter County Sheriff sha11 follow California Penal Code Sections 933(c) with respect to response submission to the Presiding Judge.

Response: Will Not Implement

Score: -1

R2: The recommendation will not be implemented by District because it is not warant;d and not reasonable. (Penal Code $ 933.05(bX4).) Use of Well 28 for fire suppression is not economically feasible given it would require designing and installing anew fire suppression water distribution system that is separate from the District's treated water dishibution system.

The Sutter County Sheriffs Response to the 2014-2015 SCGJ Final Report was not received by the Presiding Judge.

Response: Unknown Score: 0

F3. The SCGJ found that some residents with one'v)ster meter hookup have been billed since at least 2002 for two monthly Base Rates fees. The SCSD and SCGJ were unable to substantiate that d second Base Rate fee should have been applied. RECE:VED AUQ l 1 20'6 District Response to

The BOS shall fully review the responses to the grand jury final report before approval for statements made by representatives of the County for accuracy with respect to Cahfomia Penal Code (ie: Section 9l I and 929).

Response: Unknown

Score: 0

r 3, 1991 (1991 Ordinance) requires one meter for each premises or family residential unit, unless approval is obtained from the District. (1991 Ordinance, $$ 711,901,902.) A duplex, for example, is required pursuant to the District's 1991 Ordinance to have one meter for each separate premises. The 10 properties that are charged double base rates sought and were granted an exemption from the District's 1991 Ordinance and are permitted to have one meter serving more than one premises or family residential unit. This accommodation by the District saves the property owners the cost in labor and m...

The CAO invited the SCGJ to meet to discuss issues covered in the BOS' Response to the 2014-2015 SCGJ Final Repofi.

Response: Disagree Score: -1

F4: The District disagrees wholly with this frnding, but avers that it has modified its billing software to more clearly show that the 10 properties are being billed two base rate charges. (Penal Code $ 933.05 (aX2).)

Citizens with concerns regarding County or City govemment, that are within SCGJ junsdiction, should submit a complaint. You may submit a complaint to the SCGJ using the form attached or by accessing the Sutter County Courts website at www.suttercourts.com/general-info/grand-jury/submilcomplaint. You may print the form then later type in or fill in with ink all of the fields of information that apply to your concem and the issue(s) you have identified. Or, you may fill out the form electronically...

Response: Unknown

Score: 0

R4. The SCSD immediately hire an outside auditor to review and determine lhe duplicate amount that was charged erroneously to residents that had only one water meter hookup The time frame that the outside auditor should review is from January 01, 2001 to .lune 2016. Upon completion of the audit, the SCSD should immediately reimburse the residents affected by the additional base rate fee the full amount plus interest. Dishict Response to

The SCGJ has a complaint form that may be utilized by citizens to allege mistreatment by officials, suspicions of misconduct, and/or govemment inefficiencies.

Response: Unknown Score: 0

F5. The SCGJ found that the SCSD did not bilt the residents the coftect omount for water usage on two occasions, March 2105 and January 2016, which caused a loss of revenue ($3,17 3.38) to the District. District Response ro

The SCSO Live Oak division use the "COPS" Grant or other funding sources to install a live streaming/recording video system in their interview room. If there is any remaining funds they should be prioritized in the order of "less than lethal" weapons for all officers, ballistic helmets for each officer, and at least one ballistic shield in an on duty vehicle at all times.

Response: Unknown

Score: 0

R5. The SCSD should evaluate the billing/statements and have an itemized line for eachfee charged to the residences of the sCSD (i.e.: Base Rate Fee #l , Base Rate Fee #2). . District Response to

In the rush to complete the Chevron Project, incomplete research resulted in the selection of "problem" sites for two thirds of the total projected energy production resulting in extensive delays and added expense to the County.

Response: Unknown Score: 0

F6. The SCSD Ordinance 9l-05 Article l0 Section 1008 allows the SCSD to estimdte water consumption based upon prior use when a water meter is no longer functioning' District Response to

The Yuba-Sutter-Colusa Juvenile Hall conduct a comprehensive salary and benefit survey to reduce turnover and increase recruitment.

Response: Unknown

Score: 0

R6. Training to be implemented to all appropriate representatiyes ofthe sCSD on how to use the wair urog, bilting tyttem. Ilhen a consumptive rate is changed within the billing system, two p;opte shouid verify the rate change for occuracy. Sample billings should be printed prior to mailing to residents to ensure that the billing rates are coffecl. District Response to

The BOS approved the CAO and the Assistant CAO sole access to the $9.1 million escrow account to disburse funds for the Chevron Project. This was later amended by giving the Treasurer-Tax Collector and Auditor-Controller sole access to the account. of4

Response: Disagree Score: -1

F7: The District disagrees wholly with this finding. (Penal code $ 933.05 (a)(2).) Board members are legally required and do in fact receive training, such as training on board ethics and avoidance of conflicts of interest. Additionally, when a new member is appointed or elected to the Board, District staffprovides copies of District policies, rules for the distribution of water, and significant District ordinances. The District's General Manager also conducts legally required training and has reviewed and has available copies ofthe various District rules, ordinances, and policies.

Remove the SCSD estimating bill Ordinance 91-05 Article 10 Section 1008.

Response: Will Not Implement

Score: -1

R7: This recommendation will not be implemented because it is not warranted oi is not reasonable. (Penal Code $ 93 3.05(bX4).) The District must have rules that govem the District's process to estimate water usage for meters that malfrrnction (either thLrough equipment failure or deliberate third party tampering).

The SCSD By-Laws are outdated in regards to meeting place/time and posting of meeting requirements. There is no clear definition of election qualifications and terms of directors.

Response: Disagree Score: -1

F8: The District disagrees wholly with this finding. (Penal Code $ 933-05 (a)(2).) The District is a community services district formed and existing under the Community Services District Law (Title 6, Division 3 of the Califomia Government Code commencing with section 61000). It conducts a regular meeting on the first Monday of every month beginning at 6:30 p.m. The date of the regular meeting has been changed historically to accommodate the schedules of the Board members, but on each occasion the change was voted upon by the then- sitting Board of Directors and was published in accordance wit...

The SCSD's Bylaws and Ordinances be reviewed for accuracies in regards to compliance with current law. Additionally, identifying term limits for the SCSD Board of Directors and make proper

Response: Will Not Implement

Score: -1

R8: The first sentence of this recommendation will be implemented in 2016; the Board of Directors has instructed its General Legal Counsel to conduct the review with regular updates on progress to the Board ofDirectors. (Penal Code $ 933.05(b)(2).) The second sentence of this recommendation will not be implemented because it is not warranted or not reasonable. (Penal Code 933.05 (b)(a).) The District's elections, qualifications of candidates, S term of office, etc. are govemed by the Community Services District Law.

The SCSD Ordinance 91-05 Article 9 Section 902 makes a reference to outdated Section 434. FlO. The SCSD BOD Meetings' minutes are not posted for public viewing on the SCSD's website or within the SCSD's office. of7

Response: Disagree Score: -1

F9: The District disagrees wholly with this finding. (Penal code $ 933.05 (a)(2).) The District's 1991 Ordinance does not contain the cited reference'

All representatives of the SCSD are educated on the SCSD Ordinances. Additionally, the District Manager and the BOD should familiarize themselves with the Bylaws and the Board of Directors Policy Manual. RIO. The SCSD BOD Meetings' minutes for the prior six months be posted for public viewing on the SCSD's website and the most recent SCSD BOD meeting minutes on the bulletin board within the SCSD's office.

Response: Unknown

Score: 0

R9. All representatives of the SCSD ore educated on the SCSD Ordinances. Additionally, the District Manager and the BOD should familiarize themselves with the Bylaws and the Board of Directors Policy Manual. District Response to

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Sutter County Board of Supervisors Elected County Office

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