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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.

Trinity County Grand Jury • 2001-2002

County Officials' Responses to 2000-2001 Grand Jury Reports

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⚠️ 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 3 findings

F1 Page 31

Responses to the 2000-2001 Grand Jury reports were notice- ably late from many department heads and especially late from the BOS. Director of General Services 4 reports were due in 60 days. 0 reports were received within 60 days. 4 reports were received over the maximum time (74 & 74 days).

F2 Page 30

The BOS procedure for completing responses to Grand Jury re- ports is to assign a report to an individual board member. The board member usually waits for the department head to complete and file the response prior to completing the BOS response. Once drafted the response must be brought before the BOS for adoption as a final recommendation. The process of bringing the response before the BOS for approval is normally done without an item by item discussion or any open meeting discussion of content. The result appears to be that only one board member becomes fully aware of the content of the re- sponse.

F3 Page 30

Once the response is approved by the BOS it is signed by the current chairman. If there are items requiring action by individual county employees or departments, it is unclear as to who directs the imple- mentation of the action item. In most cases the actions are com- pleted because the Department Head response mirrors the BOS re- sponse. However, in one case this did not happen. In the 20002001 report titled Trinity County Treasurer/Tax Collector Department and Related County Operations the Grand Jury recommended that the Treasurer/Tax Collector and the Auditor/Controller meet to discuss possible changes in the recently implemented county money han- dling policy. The Treasurer/Tax Collector agreed but the Auditor/ Controller did not agree. The BOS response agreed with the Grand Jury recommendation. As of March 2002 such a meeting has NOT taken place.

Recommendations 10

R1
Page 29

Upon receipt of a final or interim report as provided in Sec- tion 933 of the Penal Code, the County Clerk will distribute copies to the members of the Board of Supervisors, the County Adminis- trative Officer, and all affected departments. The Clerk shall estab- lish a timetable for response to the report to comply with the 90 day limitation for the Board of Supervisors and the 60 day limitation for Elective Officers and appointed Department Heads.
R1A
Page 30

All County department heads and elected officials must adhere to the time frames established in Penal Code 933 in completing their required responses. The BOS should mandate that all County Department Heads pre- pare their responses as per Trinity County Policy Statement #3-90, which will allow the BOS to prepare and approve a response within the required 90 days it is required to respond within.
R1B
Page 32

The BOS should mandate that all County Department Heads prepare their responses as per Trinity County Policy Statement #3-90, which will allow the BOS to prepare and approve a response within the required 90 days it is required to respond within. Response: I generally agree with the policy that was set by the Board in 1990.
R2
Page 30

The Grand Jury believes that as the reports are likely to affect all supervisors’ districts, and not just the one overseen by the person doing the response, all district supervisors should be knowledge- able about the response. The Grand Jury strongly recommends the full involvement and discussion of the response to the Grand Jury by all members of the BOS. This would require a discussion of the response in an open session of a BOS hearing.
R3
Page 29

Comments shall be due from affected department heads Upon receipt, the Clerk shall immediately forward copies to the County Administrative officer, Grand Jury and the Su- perior Court Judge.
R3A
Page 30

The Grand Jury recommends that the BOS define a process or method of follow-up to insure implementation of what they agree to in Grand Jury reports.
R3B
Page 30

The BOS should direct the Auditor/Controller and Treasurer/Tax Collector to meet to discuss and resolve the Treasurer/Tax Collector’s input regarding recording errors being incurred by the change in the county money handling system as instituted by the Auditor/ Controller. RESPONSES REQUIRED: Under Penal Code 933, the following entities are required to respond to the listed findings and recommendations within the required time period. ENTITY FINDING RECOMMENDATION DAYS Board of Supervisors 1,2,3 1B,2,3A,3B 90 County Clerk/Recorder 1 1A 60 Sheriff 1 1A 60 Superintendent of Schools 1 1A 60 Director of General Services 1 1A 60 County Counsel 1A 60 Trinity County Board of Education 1 1A 60 Salyer CSD 1 1A 60 POLICY STATEMENT NO. 3-90 (P) POLICY STATEMENT RE PROCEDURE FOR COMMENTING TO GRAND JURY REPORTS AND THE MANAGEMENT REPORT OF THE ANNUAL COUNTY AUDIT In order to establish a uniform procedure for the preparation and filing of comments to Grand Jury Reports, and the Management Report of the Annual Audit, it is the policy of the Board of Super- visors that the following steps be followed: Grand Jurv Reports: 1. Upon receipt of a final or interim report as provided in Sec- tion 933 of the Penal Code, the County Clerk will distribute copies to the members of the Board of Supervisors, the County Adminis- trative Officer, and all affected departments. The Clerk shall estab- lish a timetable for response to the report to comply with the 90 day limitation for the Board of Supervisors and the 60 day limitation for Elective Officers and appointed Department Heads. 2. The County Administrator shall be responsible for the prepara- tion of the response to the recommendations and findings of the Grand Jury. 3. Comments shall be due from affected department heads Upon receipt, the Clerk shall immediately forward copies to the County Administrative officer, Grand Jury and the Su- perior Court Judge. 4. The County Administrative Officer will review all depart- mental responses for adequacy and completeness and may comment on the responses but shall not alter them. 5. The County Administrator, in coordination with members of the Board of Supervisors, shall prepare a final draft response which shall be scheduled on the Board agenda for discussion and approval in adequate time to meet the 90 day time frame required by Penal Code Section 933. 6. Upon adoption by the Board, the Clerk will file the original and furnish copies of the response, together with all departmental responses, to the Superior Court Judge, the Grand Jury and others specifically requesting copies. The response shall reflect substantially the following: 1. As to each finding, whether the responding department agrees with or disputes the finding. If the finding is disputed, an explana- tion of the dispute should be provided. 2. To enable each Grand Jury to track its recommendations, the response shall indicate that the recommendations: A. Have been implemented. Provide a summary of significant detail. B. Will be implemented. A time frame for implementation is required. C. Requires further analysis. Detailed outline required show- ing the scope and parameters of the study. D. Is not feasible. Explanation required. 3. Responses shall be brief and to the point. Each finding and recommendation shall be replied to separately. Management Reports, Annual Audit: 1. Upon receipt of the Management Report, the County Clerk will distribute copies to the members of the Board of Supervisors, the County Administrative Officer, the Auditor/Controller, the Fore- men of the Grand Jury and all affected departments. The Clerk shall establish a timetable for response to the report. 2. Comments shall be due from affected department heads Upon receipt, the Clerk shall immediately forward copies to the County Administrative Officer, the Auditor/Control- ler, the Grand Jury and the Board of Supervisors. 3. The Management Report and Responses shall be filed in the Office of the County Clerk. ADOPTED: July 17, 1990 /s/ Howard G. Myrick Howard G. Myrick - Chairman Board of Supervisors, County of Trinity, State of California. Responses June 27, 2002 TO: Honorable John K. Letton Presiding Judge of the Superior Court FROM: John Whitaker, General Services Director SUBJECT: Response to Recommendations of 2001-02 Grand Jury Continuity Committee - County Officials’ Re sponses
R4
Page 29

The County Administrative Officer will review all depart- mental responses for adequacy and completeness and may comment on the responses but shall not alter them.
R5
Page 29

The County Administrator, in coordination with members of the Board of Supervisors, shall prepare a final draft response which shall be scheduled on the Board agenda for discussion and approval in adequate time to meet the 90 day time frame required by Penal Code Section 933.
R6
Page 29

Upon adoption by the Board, the Clerk will file the original and furnish copies of the response, together with all departmental responses, to the Superior Court Judge, the Grand Jury and others specifically requesting copies. The response shall reflect substantially the following: