Stanislaus County Grand Jury • 2010-2011

Stanislaus County Civil Grand Jury City of Patterson Case numbers 11-05c, 11-06c, 11-07c, & 11-18c

6 pages
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Findings and Recommendations 4 findings

F1
The landlord/developer had a fiduciary relationship for 13 years with Council member A.
Related Recommendations (1)
R1
The landlord/developer shall recuse from voting as a member of the City of Patterson Budget Advisory Committee when there is a perceived conflict(s) of interest.
F2
There is no evidence that either the landlord/developer or Council member A ever recused themselves from any vote where a potential or perceived conflict of interest existed.
Related Recommendations (1)
R2
The actual amount of funds were non-verified and unknown at the time of this vote (emphasis added). The special session vote of October 26, 2009, is groundless. The SCCGJ recommends that the landlord/developer return the funds in the amount of $27,790.94 to the City of Patterson’s general fund. REQUEST FOR RESPONSES Patterson City Council. REFERENCES • California Fair Political Practices Commission http://www.fppc.ca.gov/. • California Government Code. • City of Patterson, California. http://ci.patterson.ca.us/. • City of Patterson, Municipal Code. • Correspondence voluntarily submitted by witnesses. • Correspondence acquired from certified letter to commercial developers. • Documents obtained via the Public Records Act. Reports issued by the Civil Grand Jury do not identify individuals interviewed. Penal Code § 929 requires that reports of the Grand Jury not contain the name of any person, or facts leading to the identity of any person who provides information to the Civil Grand Jury. The California State Legislature has stated that it intends the provisions of Penal 5 Code § 929 prohibiting disclosure of witness identities to encourage full candor in testimony in Civil Grand Jury investigations by protecting the privacy and confidentiality of those who participate in any Civil Grand Jury investigation. RECUSAL ADVISEMENT This report of cases 11-01C through 11-08C and 11-18C are issued by the 2010/2011 Stanislaus County Civil Grand Jury with the following exception: One (1) member of the grand jury volunteered to recuse his/her self due to a perceived conflict of interest. This grand juror was excluded from all phases of the investigation, including interviews, deliberations, voting, and in the writing and approval of this report. None of the information included in this report was obtained from the excluded grand juror as a means of mitigating a potential bias to the integrity of this report. 6
F3
In the SCCGJ’s opinion, the vote to give the landlord/developer funds amounted to a gift of public funds from the City of Patterson’s general fund. 4
No recommendations for this finding
F4
In the SCCGJ’s opinion, the vote by the City of Patterson’s City Council to provide the gift of public funds to the landlord/developer was invalid. • The IPCA was not in the closed session portion of the vote for anticipated litigation. • The IPM was not a resident of the city and his/her position became immediately vacant on or before May 14, 2008, when he/she admitted to a constituent that he/she was not eligible to be the Mayor. Therefore, his/her vote is null and void. • Council member A neglected to recuse his/her vote due to a fiduciary conflict of interest with the landlord/developer. RECOMMENDATIONS
No recommendations for this finding

No Responses Found 1

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

Patterson City