District Board*

The Stanislaus Consolidated Fire Protection District's financial statements for the fiscal years 2009-2010 and 2010-2011 are free of material misstatements. An independent CPA firm conducted an audit by testing financial records and reviewing provisions of the law, regulations, contracts and grants relevant to the District's financial performance. The audit reports state, "The tests did not disclose any instances of noncompliance that are required to be reported under Government Auditing Standards."

The Board delegates a major portion of its governance responsibilities to the Fire Chief. The Fire Chief's list of responsibilities include the writing, review and approval of District policies and procedures, business and financial matters (budget and financial reports), personnel relations and issues with the Union. The 2011-2012 SCCGJ identified eight different job functions performed by the Fire Chief: 1) Chief Executive/Operations Officer 2) Policy Administrator 3) Clerk/Secretary of SCFPD Board 4) Chief Financial Officer and Board Treasurer 5) Chief of Oakdale and the Oakdale Rural Fire District 6) Human Resources/Personnel Administrator Office Manager The scope of responsibility given to the Fire Chief is far too much for one person to handle and can lead to conflicts of interest and ineffective, biased decision making. The Board has abdicated its District governance responsibilities. This is a major impediment to the effective functioning of the District. Consequently, the Board is not in compliance with California Government Code Sections 61040 (e) and 61045 (g).

The Fire Chief has not received a formal written annual performance review from the Board since 2008.

Response: Agree, but during the involved fiscal year the Board has initiated an evaluation of specific portions of his performance ² The District, like all special districts, is subject to the plenary control of the Legislature. Eastern Municipal Utility District v. Scott, (1991) 1 Cal.App.3d 25, 29. The enabling statutory scheme for the District is the Fire Protection District Law of 1987 (Health and Safety Code section 13800 et seq.) not the Community Services District Law (Government Code section 61000 et seq.).

The Board has been remiss in its responsibilities regarding the review and approval of all policies. Due to the numerous functions performed by the Fire Chief, he is not able to keep the Board informed about the suggested policy and procedures, submitted by employees that could help in the performance of administrative and operational tasks. This results in a disruption of an open and orderly process.

The frequent turnover of Board members is affecting the Board's ability to govern effectively and with continuity. Without consistent, informed, experienced leadership for a reasonable period of time, the job of governing and supporting the district is compromised and results in ineffective leadership. Currently only one member of the Board has more than two years of service, two are newly appointed, and one position is vacant.

Administration staff is not part of the Union MOU yet are filing complaints through the Union.

The Board's Directors Policy Manual outlines the full set of responsibilities for the position of Clerk of the Board. The 2011-2012 SCCGJ finds this position has been delegated to the Fire Chief and the Board's own policies are not being followed.

The Board's Directors Policy Manual with regards to financial responsibility is essentially non-existent. The Policy Manual states the following "The Board of Directors recognizes excellent fiscal planning as a key factor in attaining the District's goals and priorities. The Board seeks to engage in thorough advance planning of budgets to devise expenditures which achieve the greatest returns given the District's available resources." No further Board direction or definition of responsibility is provided.