Stanislaus County Grand Jury 2017-2018 Report – Case No.18-15GJ*

R3

Certificates of ethics training and Financial Disclosure, Form 700 must be on file in each fire district office for five years and at the Stanislaus County Elections Office. Response to R3: The District agrees with the recommendation of Form 700s being held by the District office. However, the District disagrees with the requirement to submit the forms to the Stanislaus County Registrar of Voters ("Registrar"). The Political Reform Act (Gov. Code § 81000 et. seq.) requires agency officials to file a Statement of Economic Interest ("Form 700") each year. Any requirement of submission of the Form 700 to the Registrar is in excess of state law, unnecessarily duplicative, and should not be required. Fire districts are to ensure that meeting times and locations are posted <u>R4.</u> consistently and accurately on district websites and with LAFCO. The District agrees with the recommendation that meeting times and Response to R4: locations are to be posted consistently and accurately on district websites. The District will continue to post meeting times and locations on its website and the District's updated website will make that information even more easily accessible by the public. Stanislaus County Grand Jury August 8, 2018 However, the District disagrees with the requirement that meeting times and locations should be posted with LAFCo. LAFCo is a specialized organization that was created by state law to regulate the boundaries of cities and special districts. The Cortese-Knox-Hertzberg Local Government Reorganization Act (Government Code §56000, et seq.), directs LAFCos to discourage urban sprawl, encourage orderly governmental boundaries, and preserve open-space and prime agricultural lands. LAFCo has not been directed by the California legislature to manage each district's individual meeting information. This additional requirement would cause an unnecessary burden on an agency that already has limited resources for specified tasks; thus, the District disagrees with this recommendation.

R4

Response to R4: a comprehensive manual of policies, nor does it currently have a nepotism policy. The District will take efforts to prepare a comprehensive manual that contains copies of all current District’s policies and will prepare a nepotism policy for adoption by December 31, 2018. All fire districts should establish a training requirement for board members in addition to that required by law. The curriculum is to be established no later than December 31, 2018 and shall include at least good governance, parliamentary procedure, Brown Act, nepotism, and conflict of interest (see appendix). The District disagrees with the recommendation. State law currently requires that board members receive Trainings. These requirements already cover good governance, the Brown Act, nepotism, and conflicts of interest. The District also advises Board members that the District utilizes Roberts Rules of Order for parliamentary procedure. Thus, the District currently meets requirements. However, to provide additional information to the Board members the District will prepare handouts with information on parliamentary procedure, Brown Act, nepotism, and conflicts of interest. Certificates of ethics training and Financial Disclosure, Form 700 must be on file in each fire district office for five years and at the Stanislaus County Elections Office. The District agrees with the recommendation of Form 700s being held by the District office. However, the District disagrees with the requirement to submit the forms to the Stanislaus County Registrar of Voters (“Registrar”). The Political Reform Act (Gov. Code § 81000 et. seq.) requires agency officials to file a Statement of Economic Interest (“Form 700”) each year. Any requirement of submission of the Form 700 to the Registrar is in excess of state law, unnecessarily duplicative, and should not be required. Fire districts are to ensure that meeting times and locations are posted consistently and accurately on district websites and with LAFCO. The District agrees with the recommendation that meeting times and locations are to be posted consistently and accurately on district websites. The District will continue to post meeting times and locations on its website and the District’s updated website will make that information even more easily accessible by the public. Stanislaus County Grand Jury August 8, 2018 RS. Response to RS: Response to R6: Response to R7: However, the District disagrees with the requirement that meeting times and locations should be posted with LAFCo. LAFCo is a specialized organization that was created by state law to regulate the boundaries of cities and special districts. The Cortese-Knox-Hertzberg Local Government Reorganization Act (Government Code §56000, et seq.), directs LAFCos to discourage urban sprawl, encourage orderly governmental boundaries, and preserve open-space and prime agricultural lands, LAFCo has not been directed by the California legislature to manage each district’s individual meeting information. This additional requirement would cause an unnecessary burden on an agency that already has limited resources for specified tasks; thus, the District disagrees with this recommendation. The fire districts and the community at large would benefit if the SCBOS would exert oversight of governance training. The District disagrees with the recommendation. The District is an independent special district that does not receive oversight from the County Board of Supervisors. Adding this requirement is an improper interference with the authority that is granted to the District under Health and Safety Code section 32000 et. seq. The SCBOS should advise the forty-two specials districts in Stanislaus County to obtain a copy of this report from the SCCGJ website for informational purposes. The District disagrees with the recommendation. As stated above, the District is an independent special district that does not receive oversight from the County Board of Supervisors. Even requiring the SCBOS to advise the districts of this report for informational purposes may be seen as interference with the fire districts independent authority. All fire district boards must comply immediately with the requirements for meeting notices, posting of meeting agendas, publishing of minutes, and financial statements as required by California law. The District agrees with the recommendation and currently meets all requirements for meeting notices, posting of meeting agendas, publishing of minutes, and financial statements as required by California law. -———_—— Stanislaus County Grand Jury August 8, 2018

R6

County to obtain a copy of this report from the SCCGJ website for informational purposes. Response to R6: The District disagrees with the recommendation. As stated above, the District is an independent special district that does not receive oversight from the County Board of Supervisors. Even requiring the SCBOS to advise the districts of this report for informational purposes may be seen as interference with the fire districts independent authority. <u>R7.</u> All fire district boards must comply immediately with the requirements for meeting notices, posting of meeting agendas, publishing of minutes, and financial statements as required by California law. The District agrees with the recommendation and currently meets all Response to R7: requirements for meeting notices, posting of meeting agendas, publishing of minutes, and financial statements as required by California law. Stanislaus County Grand Jury August 8, 2018 <u>R8.</u> Websites should be effectively maintained to abide by California law. The priority of websites should be to provide information and transparency about governance and finances. Current and prior agendas, minutes, financial statements, and audits should be posted (see appendix). Response to R8: The District agrees with the finding and while it currently meets requirements, the District is in the process of updating its website to make more information available to the public. The District anticipates that the website update will be complete by the end of October 2018. <u>R9.</u> Board meeting locations and times should be boldly identified. Signage visible from the street should announce meeting dates and times. Signage should be in place to direct citizens to the meeting room. Meeting rooms should be well-lighted, provide adequate seating, and free of exhaust fumes. Response to R9: The District agrees with the recommendation. District Board meeting locations and times are clearly and boldly listed on the District website and posted in multiple locations, including at the street front of the District office where meetings are held. The District Board meetings are conducted in an easily accessible conference room, which has climate controls, adequate lighting, appropriate ventilation and seating space available for many members of the public.

R8

Response to R8: Response to R9: an ° Response to R10: Websites should be effectively maintained to abide by California law. The priority of websites should be to provide information and transparency about governance and finances. Current and prior agendas, minutes, financial statements, and audits should be posted (see appendix). The District agrees with the finding and while it currently meets requirements, the District is in the process of updating its website to make more information available to the public. The District anticipates that the website update will be complete by the end of October 2018. Board meeting locations and times should be boldly identified. Signage visible from the street should announce meeting dates and times. Signage should be in place to direct citizens to the meeting room. Meeting rooms should be well-lighted, provide adequate seating, and free of exhaust fumes. The District agrees with the recommendation. District Board meeting locations and times are clearly and boldly listed on the District website and posted in multiple locations, including at the street front of the District office where meetings are held. The District Board meetings are conducted in an easily accessible conference room, which has climate controls, adequate lighting, appropriate ventilation and seating space available for many members of the public. Board meeting structure should routinely reflect the basic elements of accepted rules of order while conducting the people's business. They should start on time with a gavel or announcement. Board members and officers should be identified by roll call. Names of board members should be visible. Topics and guest speakers should be clearly identified, and sidebars eliminated. The District agrees with the recommendation. The District utilizes Robert’s Rules of Order to conduct meetings, which is a general accepted standard for parliamentary procedure. The District has a gavel to start meetings and name plates to identify each Board member. All topics to be discussed at the District Board meetings are identified in the agenda and the District Board and administrative staff will take action to prevent any sidebar conversations during meetings. Stanislaus County Grand Jury August 8, 2018

R10

Board meeting structure should routinely reflect the basic elements of accepted rules of order while conducting the people's business. They should start on time with a gavel or announcement. Board members and officers should be identified by roll call. Names of board members should be visible. Topics and guest speakers should be clearly identified, and sidebars eliminated. Response to R10: The District agrees with the recommendation. The District utilizes Robert's Rules of Order to conduct meetings, which is a general accepted standard for parliamentary procedure. The District has a gavel to start meetings and name plates to identify each Board member. All topics to be discussed at the District Board meetings are identified in the agenda and the District Board and administrative staff will take action to prevent any sidebar conversations during meetings. Stanislaus County Grand Jury August 8, 2018