17 responses to findings and recommendations
F1
The County Auditor requested clarification from Gallina, LLP, the County's external auditors, to ensure IRS compliance regarding fringe benefits provided to some employees, including County vehicle usage.
Response: Agree
Score: +1
Agree. Finding #3: During the calendar year 2016, the BOS evaluated only one other County department head, and that person only once. Response: Agree. During this time period, the county supervisors only had the right to evaluate this one other employee. KEITH GROVES JUDY MORRIS BOBBI CHADWICK DISTRICT 1 DISTRICT 2 VACANT DISTRICT 3<br>40 JOHN FENLEY DISTRICT 4 DISTRICT 5
Finding #4: BOS minutes, for each meeting held during the calendar year 2016, where an evaluation of the CC was scheduled, indicate, "Evaluation was held," except the meeting on March 1, 2016, where the minutes report, "Dire...
R1
and general services personnel, to explain the term "home" and whether it encompasses a commute to and from if "home" is outside of the county;
Response: Unknown
Score: 0
Implemented before the present Grand Jury was seated. Recommendation #2: The BOS and CC discuss and act on in closed session only those matters clearly within the Government Code section cited on the BOS agenda to justify Response: Implemented before the present Grand Jury was seated. Recommendation #3: The BOS and CC and CAO acknowledge by their actions in future that the Brown Act requires them to conduct the public's business in the open. Response: Implemented before the present Grand Jury was seated. We also welcome the Grand Jury to attend the continuing Brown Act classes with the Board t...
F2
On December 21, 2016 the County Auditor issued a memorandum to County department heads, BOS and CAO-CC providing clarification of taxable fringe benefits with regard to vehicle usage effective with the January, 2017 pay period.
Response: Agree
Score: +1
Agree. Finding #3: During the calendar year 2016, the BOS evaluated only one other County department head, and that person only once. Response: Agree. During this time period, the county supervisors only had the right to evaluate this one other employee. KEITH GROVES JUDY MORRIS BOBBI CHADWICK DISTRICT 1 DISTRICT 2 VACANT DISTRICT 3<br>40 JOHN FENLEY DISTRICT 4 DISTRICT 5
Finding #4: BOS minutes, for each meeting held during the calendar year 2016, where an evaluation of the CC was scheduled, indicate, "Evaluation was held," except the meeting on March 1, 2016, where the minutes report, "Dire...
R2
County Code Chapter 2.56.070.C- Emergency situations and authorization for the use of county vehicles states "The immediate family of county employees who are assigned vehicles are not permitted to ride in county vehicles except with the prior approval of the county administrative officer". When an employee of the County is using their own vehicle for County business, in the process of County business, or on the way to their regular place of County business, specify if and when it is allowable f...
Response: Unknown
Score: 0
Implemented before the present Grand Jury was seated. Recommendation #3: The BOS and CC and CAO acknowledge by their actions in future that the Brown Act requires them to conduct the public's business in the open. Response: Implemented before the present Grand Jury was seated. We also welcome the Grand Jury to attend the continuing Brown Act classes with the Board to keep them abreast Recommendation #4: The BOS and CC promptly develop and adopt criteria for evaluation of the CC as the employment agreement for the CC requires. Response: Implemented before the present Grand Jury was seated. Will...
F3
The BOS provided a $10,000 vehicle allowance/stipend to a County employee based on a Staff Report that did not include complete information necessary for the BOS to make an informed decision.
Response: Agree
Score: +1
Agree. During this time period, the county supervisors only had the right to evaluate this one other employee. KEITH GROVES JUDY MORRIS BOBBI CHADWICK DISTRICT 1 DISTRICT 2 VACANT DISTRICT 3<br>40 JOHN FENLEY DISTRICT 4 DISTRICT 5
Finding #4: BOS minutes, for each meeting held during the calendar year 2016, where an evaluation of the CC was scheduled, indicate, "Evaluation was held," except the meeting on March 1, 2016, where the minutes report, "Direction was given to staff." Response: Disagree wholly. Administration staff found this not to be accurate. Finding #5: Evaluation of employees in...
R3
and Codes through training and memorandums and at annual employee evaluations. Ensure all County employees using personal vehicles for County business submit proof
Response: Unknown
Score: 0
Implemented before the present Grand Jury was seated. We also welcome the Grand Jury to attend the continuing Brown Act classes with the Board to keep them abreast Recommendation #4: The BOS and CC promptly develop and adopt criteria for evaluation of the CC as the employment agreement for the CC requires. Response: Implemented before the present Grand Jury was seated. William II Recommendation #5: The BOS should promptly hire and maintain a competent and qualified CAO. Response: Implemented; as stated to the Grand Jury in meetings and response to item # 17 the board has been engaged in this p...
F4
County Ordinance 2.56.040 may not be beneficial to the County budget as currently written in its explanation of vehicle use.
Response: Disagree
Score: -1
Disagree wholly. As provided to the grand Jury previsoly. In 2001 (Duval vs. Board of Trustees of Coalinga Huron Joint Unified School District) and in 2014 (Save our Peninsula Committee vs. Monterey County) the court ruled that employee reviews can include a wide range of topics. These topics can be discussed as part of an effort to set goals and evaluate Finding #6: The contract between the BOS and the CC called for creation of criteria and standards for evaluating the CC's performance. Under the contract, performance reviews are to be conducted annually. Response: Agree. Finding #7: The BOS ...
R4
of insurance pursuant to County Policy 2002-02(P) at annual employee evaluations or when employees who use personal vehicles for County business, in the process of County business, or on the way to their regular place of County business change the status of ownership of the vehicle used.
Response: Unknown
Score: 0
Implemented before the present Grand Jury was seated. William II Recommendation #5: The BOS should promptly hire and maintain a competent and qualified CAO. Response: Implemented; as stated to the Grand Jury in meetings and response to item # 17 the board has been engaged in this process for well over a year to hire a CAO. 43 4
F5
The BOS is not adhering to the terms of the January, 16, 2015 contract agreement with Prentice & Epperson LLP with regard to developing specific criteria needed to review and evaluate the performance of "Firm," the definition of which is Prentice & Epperson LLP as County Counsel.
Response: Disagree
Score: -1
This information clearly WE STAND AFFICANTE THESE PLE PROPERTY BUT NOT REPORT FOR 42 3
- 10 TV 10 Finding #16: There are important, inherent, and unavoidable conflicts between the responsibilities of the CC and the CAO. Response: Disagree wholly. We do not see any inherent conflicts between the two positions. Finding #17: The BOS has failed its responsibility to employ a CAO who has the knowledge and experience to run the county with a professional understanding of how all county functions operate together to their best effect. The CAO is a position of leadership. Response: Disagree wholly. A...
R5
Promptly complete the Classification and Compensation Study.
Response: Unknown
Score: 0
Implemented; as stated to the Grand Jury in meetings and response to item # 17 the board has been engaged in this process for well over a year to hire a CAO. 43 4
F6
The BOS is not adhering to the terms of the January 16, 2015 contract agreement and its subsequent amendments in regard to an annual open session review and evaluation of the contract agreement with Prentice & Epperson LLP.
Response: Agree
Score: +1
Agree. Finding #7: The BOS and CC have not created such criteria and standards. Response: Disagree wholly. They were provided to the Grand Jury. ENTERNO. Finding #8: The County has a form for department head performance review that applies to all County department heads. It is called "Trinity County Department Head Performance Review". That form has established the questions and issues suitable and useful for evaluation of County employees, including the CC and the CAO. Response: Agree. Finding #9: During the evaluation sessions named in previous Findings, the BOS and the CC did not use or dis...
F7
The BOS did not adhere to Government Code Section 31000 when a contract agreement with Prentice & Epperson LLP assigning County Counsel to perform additional duties in the absence of a CAO was entered into.
Response: Disagree
Score: -1
Disagree wholly. They were provided to the Grand Jury. ENTERNO. Finding #8: The County has a form for department head performance review that applies to all County department heads. It is called "Trinity County Department Head Performance Review". That form has established the questions and issues suitable and useful for evaluation of County employees, including the CC and the CAO. Response: Agree. Finding #9: During the evaluation sessions named in previous Findings, the BOS and the CC did not use or discuss the agreed upon criteria or standards for CC's performance (because none existed) and...
F8
The BOS contracted with Prentice & Epperson LLP designating County Counsel to perform additional duties in the absence of a CAO without establishing an expiration date.
Response: Agree
Score: +1
Agree. Finding #9: During the evaluation sessions named in previous Findings, the BOS and the CC did not use or discuss the agreed upon criteria or standards for CC's performance (because none existed) and did not use or discuss the performance review form named in previous Findings. USED & AGNOSTIC INTO Response: Cannot state. As the grand Jury was told on many occasions, the board will not violate state law in answering (government section 54963). In fact, a formal complaint was . submitted on one grand jury member for unethical and quite possibly illegal behavior due to this 6.5 line of que...
F9
The BOS did not create an alternative plan in the instance a CAO is not recruited.
Response: Unknown
Score: 0
Finding #12: Interviews with persons present at the agenized evaluations of the CC revealed that the BOS and CC discussed advice and counsel the BOS thought helpful to the CC in her dual role of interim or acting CAO because, the BOS suggested to the Grand Jury, the dual role presented problems too complex for a person without previous CAO experience to Response: Again, we cannot respond without violating state law. But it's worthy to note that the question infers just what has been charged by the responding writer that the grand jury did in fact try to ask unethical questions trying to get bo...
F10
The CAO position qualifications presented to applicants are not uniform nor in alignment with County Code 2.08.020.
Response: Agree
Score: +1
Agree. Finding #11: Interview with persons present at the agenized evaluations of the CC revealed that the BOS and CC discussed the performance of other County employees, including Response: See response to finding #9. Finding #12: Interviews with persons present at the agenized evaluations of the CC revealed that the BOS and CC discussed advice and counsel the BOS thought helpful to the CC in her dual role of interim or acting CAO because, the BOS suggested to the Grand Jury, the dual role presented problems too complex for a person without previous CAO experience to Response: Again, we canno...
F11
The County's contract agreement with Cooperative Personnel Services for the recruitment of a CAO is current and ending only when a CAO qualified applicant is made an offer and the offer is accepted.
Response: Disagree
Score: -1
See response to finding #9. Finding #12: Interviews with persons present at the agenized evaluations of the CC revealed that the BOS and CC discussed advice and counsel the BOS thought helpful to the CC in her dual role of interim or acting CAO because, the BOS suggested to the Grand Jury, the dual role presented problems too complex for a person without previous CAO experience to Response: Again, we cannot respond without violating state law. But it's worthy to note that the question infers just what has been charged by the responding writer that the grand jury did in fact try to ask unethica...
F12
BOS amended the original contract agreement with Koff and Associates four times after the contract agreement had expired.
Response: Disagree
Score: -1
Again, we cannot respond without violating state law. But it's worthy to note that the question infers just what has been charged by the responding writer that the grand jury did in fact try to ask unethical questions trying to get board members to violate the law as Peur and the second was an or come Finding #13: Interviews with persons present at the agenized evaluations of the CC revealed that the BOS and CC discussed advice on legal matters affecting the County that was not a proper subject in a closed session. Response: See response to finding #9. Noteworthy the question lacks understandi...