Mariposa County Grand Jury • 2022-2023 • Agency Response

Comments of the John C. Fremont Healthcare District's Chief Executive Officer to the Presiding*

Published: August 29, 2022 4 pages
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Findings and Recommendations 5 findings

F1
The JCF board does not always comply with the Brown Act, California Health and Safety Code §3200-32499.4, and California Government Code §54956.87 regarding the wording of closed session agenda items and actions at board meetings. Response: JCF's CEO agrees partially with this finding, in that the Board always endeavors to word closed session agenda items and take actions at Board meetings in a manner that is fully compliant with the Brown Act and Health and Safety Code. However, to the extent there have been inadvertent instances of noncompliance, the CEO agrees to take all necessary corrective actions to ensure no such instances occur going forward.
Related Recommendations (1)
R1
The JCF board must follow Brown Act, Health and Safety Code §3200-32499.4, and GC §54956.87 requirements. One way to ensure this would be to use the GC templates. Response: This recommendation has been implemented in all Board meeting agendas published since the Grand Jury Report, and will continue to be implemented on an ongoing basis in the future.
F2
The JCF Board does not have a lawyer present during closed session litigation or potential litigation discussions. Response: JCF's CEO partially agrees with this finding; JCF's counsel has, from time to time, attended litigation-related closed session discussions, but I will work in conjunction with the Board to ensure counsel is present at every litigation-related closed session going forward.
Related Recommendations (1)
R2
JCF's legal counsel must be present for all closed session items regarding litigation. Response: This recommendation has not yet been implemented, as the Board has not held any litigation-related closed sessions since the release of the Grand Jury Report; that said, legal counsel will attend all closed session litigation items in the future.
F3
Regarding a November 2021 agenda item about the request for registered nurse union recognition, there was improper board discussion of this item during closed session. Response: JCF's CEO agrees with this finding, and will ensure no such discussion of agendized open session items occur in closed session going forward.
Related Recommendations (1)
R3
The JCF Board must ensure it is only discussing items in closed session that fall under the purview of closed session and are properly noticed. Response: This recommendation has not yet been implemented, as the Board has not held a closed session since the release of the Grand Jury Report; that said, the CEO will ensure that the Board is aware it may only discuss items in closed session that fall within the purview of the law and are properly noticed.
F4
The JCF bylaws state that the agenda and minutes are the responsibility of Administration and yet neither the CEO nor the COB have had Brown Act, Health and Safety Code §3200-32499.4, and GC §54956.87 training. Response: JCF's CEO partially agrees with this finding; the Clerk of the Board has not been formally trained in Brown Act or Health and Safety Code § 3200-32499.4, but has received some on-the-job training. Further, the CEO has received formal training in these matters in recent years. Still, the CEO commits to ensuring that he, and all pertinent staff, receive regular Brown Act and Health and Safety trainings from qualified individuals going forward.
Related Recommendations (1)
R4
The JCF Board should ensure staff drafting meeting agendas and minutes have the training they need to carry out that job function Response: This recommendation has not yet been implemented, but the CEO is in contact with personnel who are capable of and willing to provide such training, and is in the process of scheduling the training for the coming weeks.
F5
The JCF board members are not required to attend Brown Act training. While some have received this training, none retrain on a regular basis. Response: JCF's CEO partially agrees with this finding. Board members have, in the past, been required to attend Brown Act training. However, with respect to regular re-trainings, the CEO has already begun the process of scheduling a refresher training course, and ensuring that all Board members will be required to attend regularly scheduled trainings going forward. e , 1 The Honorable Michael Fagalde, Presiding Judge, and Members of the Grand Jury August 29, 2022 Page four
Related Recommendations (1)
R5
The JCF Board should schedule Brown Act training on a regular timeframe. Response: This recommendation has not yet been implemented, but the CEO is in contact with personnel who are capable of and willing to provide such training, and is in the process of scheduling the training for the coming weeks. If you have any questions, please contact District Counsel, Noel Caughman, at (925) 977-3334. Sincerely, Matthew Matthiessen, Chief Executive Officer Reviewed: Honorable Michael A Fagalde, Per PC933

* This report's PDF did not contain easily extractable text and required Optical Character Recognition (OCR) for analysis. There may be minor errors in the extracted findings and recommendations due to OCR limitations with scanned documents.