Santa Clara County Grand Jury • 2011-2012

JAN 1 0 2013 December 12, 2012 David H. YAMASChief Executive Officer/ Superior Court of CA County Honorable Richard J*

Published: December 12, 2012 17 pages
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Findings and Recommendations 4 findings

F1
The Board is conducting meetings and taking unlawful actions without regard to the legal parameters that govern their conduct.
Related Recommendations (1)
R1
The Board should obtain the required training focused on their ethical, legal, and fiscal responsibilities for being a board member and, in particular, for running a veterans memorial district.
F2
The District does not have a written mission statement or bylaws to guide it in defining and fulfilling the District's purpose, and communicating its function to veterans in the community or the District residents in general.
Related Recommendations (1)
R2
The District should adopt a written mission statement and set of bylaws. This activity could be coordinated with the local chapter of the California Association of Special Districts and modeled after other veterans memorial districts.
F3
The District has no oversight that would ensure they are fulfilling their special district obligations. Response: The respondent partially agrees with the finding. LAFCO, through its service reviews and boundary change process provides a layer of oversight for special districts, but LAFCO does not have the legal authority to ensure that the South Santa Clara Valley Memorial District (SSCVMD) or any other special district is fulfilling their special district obligations. LAFCO, through its service review process, strives to increase the public's awareness of special districts and to encourage special districts to fulfill their obligations. Additionally, the County and the State of California can provide a layer of oversight as it relates to the District's finances, budget, governance and operations (e.g. collection of financial statements and annual budgets, and the ability to investigate alleged violations of the Brown Act or other laws). However, neither the County nor the State 70 West Hedding Street • 11th Floor, East Wing • San Jose, CA 95110 • (408) 299-5127 • (408) 295-1613 Fax • www.santaclara.lafco.ca.gov COMMISSIONERS: Pete Constant, Liz Kniss, Margaret Abe-Koga, Mike Wasserman, Susan Vicklund-Wilson ALTERNATE COMMISSIONERS: Sam Liccardo, George Shirakawa, Terry Trumbull, Cat Tucker EXECUTIVE OFFICER: Neelima Palacherla has the legal authority to ensure that SSCVMD is fulfilling their special district obligations. Ultimately only the voters in a special district's boundary have the power, through communications to the district board, election of district board members, initiatives and referenda to ensure that a district is meeting its obligations.
Related Recommendations (1)
R3
LAFCO should include this district in its next service area review and should expand the review to a performance management review, examining the District's ability to deliver appropriate services and determine whether the District has the operations knowledge to perform their duties. Response: The recommendation is being implemented to the extent feasible. LAFCO is currently conducting a service review of the South Santa Clara Valley Memorial District (SSCVMD) as part of LAFCO's current Special Districts Service Review. In addition to including the required analysis and written statement of service review determinations, the Service Review will address the following four key areas for each of the affected special districts, as appropriate: Purpose of the district at the time of creation, services currently provided by the . district, and any changes in the mission of the district or in the needs of the community since the creation of the district Opportunities for consolidation of services or changes in governance to reduce costs and/or increase service levels Opportunities for increased transparency in operations, management and administration and for increased public accountability of the district Benchmarks and standards for measuring the efficiency and effectiveness of the 9 district and opportunities for increasing the district's efficiency and effectiveness. Furthermore, LAFCO is aware of the issues and concerns that the Civil Grand Jury has raised regarding the SSCVMD. LAFCO's Service Review for the District will address these concerns to the extent feasible. It is anticipated that LAFCO's review of SSCVMD will be completed by May 2013. Such reviews include agency specific recommendations and LAFCO establishes a time-frame for each agency to implement the necessary reforms and to report back to LAFCO on their progress. We appreciate the Civil Grand Jury's interest in the South Santa Clara Valley Memorial District and LAFCO of Santa Clara County. Thank you for the opportunity to respond to the finding/recommendation presented in the Report. Sincerely, Pete Constant, Chairperson LAFCO of Santa Clara County
F4
The District demonstrates no effort to communicate its mission and operations to all District veterans.
Related Recommendations (1)
R4
The District should communicate its mission and advertise their programs to all veterans in the District. For instance, it could establish a website to promote and welcome all military veterans.

Conclusions 9

No Responses Found 1

Government entities assigned to respond to this report. No response documents have been linked in our database.

Santa Clara LAFCO Lafco

* This report's PDF did not contain easily extractable text and required Optical Character Recognition (OCR) for analysis. There may be minor errors in the extracted findings and recommendations due to OCR limitations with scanned documents.