Mariposa County 2019-2020 Grand Jury Interim Report*

Improper use of power by the Supervisor through self-representation as a legal authority 2. Inappropriate manipulation by the Supervisor of the Board of Supervisor's Consent Agenda 3. Improper use of power by the Supervisor through appointments to advisory boards 4. Improper use of insider information by the Supervisor for personal gain 5. Use of intimidation by the Supervisor 6. The complaint also asked the Grand Jury to investigate specific details regarding private citizens other than the Supervisor. 2019/2020 Mariposa County Civil Grand Jury The 2018/2019 Mariposa County Grand Jury concluded they did not have the time to sufficiently investigate the issues and asked that the 2019/2020 Mariposa County Grand Jury consent to take on the necessary investigation. As the Mariposa County Counsel has recused their office from advising the Grand Jury based upon potential conflicts of interest, the 2019/2020 Mariposa County Grand Jury consulted with the Mariposa County District Attorney as a legal advisor. After that consultation, the 2019/2020 Mariposa County Grand Jury elected to take on this complaint (#2019-01(a)) investigation. METHODOLOGY The 2019/2020 Mariposa County Grand Jury investigated the matter, calling associated witnesses and researching County policy and procedure. The Grand Jury talked with a number of involved persons, and spent considerable time in research. DISCUSSION The facts in this report are the result of multiple interviews conducted by the 2019/2020 Mariposa County Grand Jury during the investigation process or in documentation footnoted separately. Allegation 1: Improper use of power by the Supervisor through self-representation as a legal authority There is no evidence to show that the Supervisor in question ever improperly represented themselves as an attorney or legal authority. While the Grand Jury did find that the Supervisor may have rendered advice to acquaintances concerning contract clauses and language, this was done in the manner of personal advice, and not under color of authority as an attorney or as a County Supervisor. Allegation 2: Inappropriate manipulation by the Supervisor of the Board of Supervisor's Consent Agenda Agendas for Board meetings are prepared by the Clerk of the Board, and items submitted to the Consent Agenda are "scheduled as such at the discretion of the County Administrative Officer."1 Research has shown that as a result of the County Administrative Department's MinuteTraq software, which is used to build Board of Supervisor agendas and a three tier approval system unconnected to the Board of Supervisors, a single Supervisor cannot improperly manipulate the Board's Consent agenda, and in fact has no authority or control over where a given item ultimately appears on the agenda. Rules of Procedures for Meetings of the Board of Supervisors of Mariposa County, accessed 11/3/2019, https://www.mariposacounty.org/DocumentCenter/View/79666/Board-Meeting-Procedures 2019/2020 Mariposa County Civil Grand Jury Allegation 3: Improper use of power by the Supervisor through appointments to advisory boards Research has shown that Board of Supervisor members properly have a great deal of latitude in naming advisory board and commission members from a Supervisor's own District. The process is largely subjective, and Supervisors choose their own advisory members. Allegation 4: Improper use of insider information by the Supervisor for personal gain There is no evidence that the Supervisor in question used the position of Supervisor for personal gain. None of the individuals spoken to by the 2019/2020 Grand Jury were able to show, even anecdotally, that there was any evidence at all of this having occurred. Allegation 5: Use of intimidation by the Supervisor While the 2019/2020 Mariposa County Grand Jury acknowledges that "intimidation" can be a subjective concept, it does not appear to this Grand Jury, after talks with those concerned, that this Supervisor's demeanor ever rose to the level of intimidation. Allegation 6: The complaint also asked the Grand Jury to investigate specific details regarding private citizens other than the Supervisor. It is not within the purview of the Grand Jury to investigate any aspect of a private citizen's life unless it is part and parcel of a complaint, or other legitimate Grand Jury investigation. The request that accompanied this complaint would have taken the Grand Jury outside of our jurisdiction. For that reason, the 2019/2020 Grand Jury did not pursue this element of the complaint. Mariposa County's Expense and Ethics Policy for Elected Officials In Mariposa County, each elected county official and each member of the Board of Supervisors receives "at least two hours of training in general ethics principles and ethic laws relevant to his or her public service every two (2) years." "Ethics laws" include, but are not limited to, the following:2 1) Laws relating to personal financial gain by public servants, including but not limited to, laws prohibiting bribery and conflict-of-interest laws. 2) laws relating to claiming prerequisites of office including, but not limited to, gift and travel restrictions, prohibitions against the use of public resources for personal or political purposes, prohibitions against gifts of public funds, mass mailing restrictions, and prohibitions against acceptance of free or discounted transportation by transportation companies. Mariposa County Board of Supervisors Agenda Action Form (Agenda item no. 13, 2005), Adopt "Board of Supervisors and County Elected Officials Expense and Ethics Policy," accessed 11/3/2019, http://www.mariposacounty.org/DocumentCenter/View/51779/Policy-143 2019/2020 Mariposa County Civil Grand Jury Government transparency laws, including, but not limited to, financial interest disclosure requirements and open government laws. Laws relating to fair processes, including but not limited to, common law bias prohibitions, due process requirements, incompatible offices, competitive bidding requirements for public contracts, and disqualification from participating in decisions affecting family members. FINDINGS After investigation, the 2019/2020 Mariposa County Grand Jury arrived at the following findings; 1. To prevent allegations of supervisor misconduct by citizens of Mariposa County, it is essential that Supervisors clearly delineate the line between acting and carrying out duties as a County Supervisor and their everyday lives, including personal communications and activity with respect to their constituency.

There is a lack of accessible information and resources for citizens to understand the process by which agenda items are placed on the BOS agenda.

There is a lack of accessible information and resources for citizens to understand the BOS process by which advisory board members and commission members are selected and appointed to serve by Supervisors.

The required two hours of training every two years in Expense and Ethics Policy by elected officials of Mariposa County is insufficient to ensure the public trust.