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Extracted from Consolidated Report
This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.
Mendocino County Grand Jury
• 2002-2003
Method of Investigation Acting on a complaint, the Grand Jury has undertaken a review of the
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings and Recommendations 16 findings
F1
Page 39
The Hopland Cemetery District has not had in place any written policy, operational procedures, or job descriptions for any officers or workers of the Cemetery District. One exception is a caretaker/secretary job description authorized in 1987 and never implemented.
No recommendations for this finding
F2
Page 39
The Grand Jury was unable to locate and obtain all of the original burial maps and most of the records for the period prior to late 1980s. This has created a situation at the cemetery where nobody is certain exactly where everyone is buried.
No recommendations for this finding
F3
Page 39
Interviews with past trustees of the District show a pattern of turmoil and conflict between factions of the Hopland community. This same situation has been evident within the Cemetery District itself.
No recommendations for this finding
F4
Page 39
With the exception of the Grand Jury, no local government agency has direct oversight responsibility of the Hopland Cemetery District.
No recommendations for this finding
F5
Page 39
Most past trustees of the Hopland Cemetery District were not aware of provisions in the California Government Codes and the California Health and Safety Codes that pertain to the District.
No recommendations for this finding
F6
Page 39
From the end of 1999 through the beginning of 2002 the Hopland Cemetery District operated with only one trustee. California Health and Safety Codes, section §8950, requires at least three trustees and, after a vacancy exists for 90 days, section 1779 of California Government Codes gives authority to the Board of Supervisors to fill such vacancies. In addition Health and Safety Codes, section §8950.3, gives procedures and authority to the BOS to act as cemetery district trustees. During that period the public was uninformed as to when district business was being conducted, in violation of the Brown Act.
Related Recommendations (1)
R15
Page 38
F. The Board of Supervisors should bring the County Library salary structure into line with other library systems of similar size and provide for this in the budget. (Finding 6) Comments The Grand Jury acknowledges and especially commends the County Library Director for her skills, energy and leadership in moving the Library and Library services to levels not supported by the County budget. The Grand Jury also applauds the staff, the Friends of the Library and all volunteers for their extraordinary roll in providing such a diverse, high quality library system in spite of severe monetary constraints. Over the last few years, many major accomplishments have been achieved through strong leadership, dedicated and competent staff, and momentous community support. Response Required Mendocino Board of Supervisors Mendocino County Administrator Response Requested Mendocino County Library Director Mendocino County Library Advisory Board 49 Dangerous Fire Hazards in Brooktrails? The Grand Jury received a complaint signed by seventeen residents of Brooktrails regarding their concern about cars parked on the roads. The complainants claimed that the parked vehicles would endanger their safety by interfering with fire emergency vehicles attempting to respond to a fire call. The Grand Jury interviewed the main author of the complaint, the business manager, and a member of the Brooktrails board, a sheriff deputy of Mendocino County who lives in Brooktrails, a CHP officer who also lives in Brooktrails and the Fire Chief of Brooktrails. The Grand Jury also attended a public meeting for all residents of the district where the subject of cars that are illegally parked was on the agenda. The Grand Jury made a tour of Brooktrails roads to observe cars and other vehicles parked on roads and private property.
F7
Page 39
For the years 1999,2000,2001 no yearly audit to the Auditor-Controller, no yearly financial report to the Board of Supervisors and no yearly budget to either entity was turned in. State Government Codes, sections §26909 and §53901, and State Health and Safety Codes, section §8970, §8990 and §8991 require such reporting. Pursuant to section §26909 of State Government Code the County Auditor-Controller has authority to compel annual audits.
No recommendations for this finding
F8
Page 39
Health and Safety Codes section §8982 requires all District money be deposited with the County Treasurer. In violation the Hopland Cemetery District maintains a separate account with the Savings Bank of Mendocino County. The Grand Jury has been advised that such an account might be acceptable and proper solely as a conduit to transfer money to the County and possibly for use as petty cash. Through 1998, 39 the county auditor advised the Hopland Cemetery District to better record the activity of this account. From the end of the year 1999 through the beginning of 2002 no deposits other than tax revenue were placed in county accounts. During this period goods and services were paid out of both County and Savings Bank accounts.
No recommendations for this finding
F9
Page 40
No endowment care money was deposited from late 1999 through early 2002 in the County-held endowment care fund. California Health and Safety Codes, section §9005, provides that all endowment care revenues shall be deposited with the County Treasurer to be placed in this fund. The Grand Jury was unable to determine how much, if any, of the required endowment care money was collected during that time.
No recommendations for this finding
F10
Page 40
County records show from the year 1995 through 1999 a growing positive year-end balance for the Hopland Cemetery District’s County- held operating fund. At the end of 1999 this was $4079. By the end of 2001 the balance dropped to a $4000 deficit. This deficit still exists. The Endowment Care Interest fund also has a negative balance.
No recommendations for this finding
F11
Page 40
Health and Safety Codes section §8963 requires districts to prepare and maintain an up-to-date map of the cemetery and to keep a record of all remains interred, stating name, age, place of death, date of internment, plot number, and name and address of funeral director. Maps and records are missing.
No recommendations for this finding
F12
Page 40
State Government Code §56430 was added in the year 2000 giving LAFCO the responsibility of doing service reviews on Special Districts. Such reviews are to include, “Infrastructure needs and deficiencies”, “Evaluation of management efficiencies” and “Local accountability and governance”. Locally these reviews have not been implemented for lack of guidelines and funding.
No recommendations for this finding
F13
Page 40
Hopland Cemetery District payroll and expenses have been paid for without proper documentation or time cards.
No recommendations for this finding
F14
Page 46
The Willits Library facility is in great condition and the local “Friends” very supportive.
No recommendations for this finding
F15
Page 46
The Round Valley Library, a rented facility, has had negligent maintenance, the electrical system is in poor condition and tiles have been known to hang from the ceiling. For these and other reasons this library is being given special attention by the County. Friends of the Library have been paying the monthly rent but the $3,600 needed yearly for this has now been included in the revised budget for 2002-2003.
No recommendations for this finding
F16
Page 46
As related in the 2002-2003 Budget Report, the Mendocino County Library website, http://www.mendolibrary.org, allows patrons to access an online catalog from which they can order books and 46 have them delivered via bookmobile. The site now includes a database to search for and print magazine and newspaper articles. “Q&A Café” on the website is available for patrons to ask reference questions online from 2-9 pm daily. The website also provides current information on upcoming events at the libraries.
No recommendations for this finding
Additional Recommendations 2
These recommendations are not explicitly linked to specific findings.
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R1Page 51If enough people want the vehicles cleared, they must participate in their political process by attending Board Meetings and pressure the Brooktrails Township Board of Directors to enforce the ordinances. One person or the Grand Jury cannot do this for them. 2. Congestion, caused by parking vehicles, which obstructs emergency vehicles, endangers all residents of Brooktrails. It appears that no responsible agency or body wants to tackle this critical issue. Our recommendation is that the Brooktrails Township Board of Directors takes a leadership role to meet with all other enforcement agencies to resolve this issue.
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R2Page 38Congestion, caused by parking vehicles, which obstructs emergency vehicles, endangers all residents of Brooktrails. It appears that no responsible agency or body wants to tackle this critical issue. Our recommendation is that the Brooktrails Township Board of Directors takes a leadership role to meet with all other enforcement agencies to resolve this issue. Conclusion According to the professional judgment of the Fire Chief, Brooktrails manager, peace officers, and the majority of other political and safety officials, the parked and or abandoned cars, boats, and motor homes would not significantly interfere with fire fighting equipment and pose no danger to fire safety in Brooktrails. Response Required Board of Supervisors Brooktrails Township Board of Directors Brooktrails Fire Chief Brooktrails Manager County Sheriff Response Requested California Highway Patrol 51 CHAMBERLAIN CREEK AND PARLIN FORK CONSERVATION CAMPS The Grand Jury is required by Penal Code Section §919 to oversee all prisons in Mendocino County. Method of Investigation The Grand Jury conducted a visit at both camps. The Grand Jury interviewed California Department of Corrections (CDC) and California Department of Forestry (CDF) Officers, on site instructors and several inmates.
Conclusions 2
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CL1 Page 51According to the professional judgment of the Fire Chief, Brooktrails manager, peace officers, and the majority of other political and safety officials, the parked and or abandoned cars, boats, and motor homes would not significantly interfere with fire fighting equipment and pose no danger to fire safety in Brooktrails. Response Required Board of Supervisors Brooktrails Township Board of Directors Brooktrails Fire Chief Brooktrails Manager County Sheriff Response Requested California Highway Patrol 51
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CL2 Page 52CHAMBERLAIN CREEK AND PARLIN FORK CONSERVATION CAMPS The Grand Jury is required by Penal Code Section §919 to oversee all prisons in Mendocino County. Method of Investigation The Grand Jury conducted a visit at both camps. The Grand Jury interviewed California Department of Corrections (CDC) and California Department of Forestry (CDF) Officers, on site instructors and several inmates.
Comments 5
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CO1 Page 41While recognizing that State governing codes do not impose requirements of over- sight upon the County, they do give authorization to both the Board of Supervisors and the Auditor-Controller’s office to take action when things are amiss. Because there were so many indications that things were going wrong, the County must take some of the responsibility for the problems and the loss of funds. This sentiment was verbalized by a number past trustees interviewed. In other words the County has let the Cemetery District down. 41
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CO2 Page 48The Grand Jury acknowledges and especially commends the County Library Director for her skills, energy and leadership in moving the Library and Library services to levels not supported by the County budget. The Grand Jury also applauds the staff, the Friends of the Library and all volunteers for their extraordinary roll in providing such a diverse, high quality library system in spite of severe monetary constraints. Over the last few years, many major accomplishments have been achieved through strong leadership, dedicated and competent staff, and momentous community support. 48
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CO3 Page 49Response Required Mendocino Board of Supervisors Mendocino County Administrator Response Requested Mendocino County Library Director Mendocino County Library Advisory Board 49
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CO4 Page 50Dangerous Fire Hazards in Brooktrails? The Grand Jury received a complaint signed by seventeen residents of Brooktrails regarding their concern about cars parked on the roads. The complainants claimed that the parked vehicles would endanger their safety by interfering with fire emergency vehicles attempting to respond to a fire call. The Grand Jury interviewed the main author of the complaint, the business manager, and a member of the Brooktrails board, a sheriff deputy of Mendocino County who lives in Brooktrails, a CHP officer who also lives in Brooktrails and the Fire Chief of Brooktrails. The Grand Jury also attended a public meeting for all residents of the district where the subject of cars that are illegally parked was on the agenda. The Grand Jury made a tour of Brooktrails roads to observe cars and other vehicles parked on roads and private property.
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CO5 Page 53Chamberlain Creek and Parlin Fork Conservation Camps are well-organized, functional units. They have proven to be a beneficial program in Mendocino County and the State of California. Response Requested California Department of Corrections California Department of Forestry 53
No Responses Found 4
Government entities assigned to respond to this report. No response documents have been linked in our database.
Hopland Cemetery District
Special District
Mendocino County
County
Mendocino County Auditor-Controller
Elected County Office
Mendocino County Board of Supervisors
Elected County Office