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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.
Sacramento County Grand Jury
• 2017-2018
The Sacramento LAFCo's Municipal Review Process: a Study in Complacency
⚠️ 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 8 findings
F1
Page 93
LAFCo does not perform MSRs in a timely manner.
F2
Page 93
The questionnaire used by LAFCo is out of date and incomplete.
F3
Page 93
The content of MSRs is inadequate, failing to include analysis and findings to support conclusions and consideration of regional issues.
F4
Page 93
MSRs do not contain required analysis of environmental justice issues.
F5
Page 93
LAFCo does not retain experts to help perform MSRs, particularly in the water area.
F6
Page 93
LAFCo fails to use its authority to look at county and private water entities and provide recommendations regarding sensible integration of water supply and water quality solutions on a regional basis.
F7
Page 93
LAFCo’s budget does not support the best use of resources to accomplish its mandatory requirement to complete quality MSRs in a timely manner.
F8
Page 93
The LAFCo Commission does not adopt an annual plan or provide adequate direction to its staff, nor does it conduct annual reviews of staff performance. Summary of Recommendations
Recommendations 8
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R1Page 93MSRs should be completed for all special districts every five years.
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R2Page 93The questionnaire sent to special districts at the start of the MSR process should be updated to address all of the current requirements in the law, as well as specific issues that are important to this region and problems that have been identified in prior reviews.
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R3Page 93The content of MSRs should be improved to provide for more independent analysis of all of the issues facing Sacramento County with 83 -2018 regard to water quality, infrastructure maintenance, conservation storage and delivery.
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R4Page 94MSRs must analyze required information on environmental justice issues.
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R5Page 94LAFCo should hire experts to assist in the preparation of MSRs.
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R6Page 94LAFCo’s process for conducting MSRs on water districts should be conducted on a regional or geographic basis, including county services areas and private water companies so that appropriate analysis of consolidation, reorganization possibilities and sensible integration efforts are seriously evaluated.
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R7Page 94A performance audit of LAFCo’s MSR program should be conducted to assist the staff to identify ways to meet statutory requirements and achieve better outcomes within existing resources.
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R8Page 94The LAFCo Commission should adopt an annual plan, provide better direction to its staff and require that an annual performance review be conducted for each staff member. Summary of LAFCo Responses RESPONSE 1. All MSRs were completed prior to December 18, 2017 and may be found on our website. RESPONSE 2. LAFCo has updated its MSR questionnaire in December 2017. RESPONSE 3. The content of the MSRs has been updated to provide more independent analysis. This was completed in December 2017. RESP0NSE 4. This particular finding of the grand jury is based upon the fact that the questionnaire asks the required information, but the grand jury determined that the MSR analysis was not adequate. LAFCo believes the reason is that environmental justice issues were answered adequately. In the future, LAFCO will add a clarifying statement with its analysis to be sure that this issue is resolved. This is an 84 . LAFCo does not retain experts to perform MSRs, as recommended by the grand jury. LAFCo does not concur that the in-house staff lacks the expertise to complete MSRs. RESPONSE 6. LAFCo does not concur with this statement. LAFCo does not have jurisdiction over private water companies. RESPONSE 7. The Commission determined in December 2017, that LAFCo shall do MSRs every five years as necessary. RESPONSE 8. LAFCo concurs with this recommendation in that it will provide an annual work plan in its budget report. LAFCo does not concur with the annual performance review requirement. Grand Jury Comments The 2017-2018 Sacramento County Grand Jury (current grand jury) notes the required response was submitted by LAFCo in compliance with Penal Code Section 933 and 933.5. Evidence of compliance was contained in a letter to the grand jury dated September 18, 2017. An additional response was received on January 5, 2018. Both responses were considered in these comments. The 2016-2017 Sacramento County Grand Jury Report (previous report) was based on interviews with senior management from area water districts and reviews of considerable documentation on the subject. The previous grand jury found that MSRs were not performed in a timely manner, their content was inadequate, and information forms were outdated. The previous grand jury also determined LAFCo failed to exercise its authority to review water issues on a county service related area basis, take advantage of consolidation opportunities, adopt an annual plan, and conduct staff annual performance reviews. The current grand jury is aware of LAFCo’s progress and implementation of some recommendations in the previous report. However, the current grand jury agrees with all recommendations made in the previous report and 85 years as necessary” instead of “at least every 5 years or sooner if necessary”. LAFCo’s interpretation could leave a district without an MSR for a period well beyond 5 years thereby defeating one of LAFCo’s original purposes of providing an oversight or watch role over Special Districts. 86