Reason for Investigation

Recommendations 23

• R1
  The Nevada County Clerk Recorder should direct staff to include additional time in the training for dealing with all types of voters not listed on the precinct roster. Nevada County Presidential Election - November 2008 Grand Jury Reports 2008-09 Required Responses Nevada County Clerk Recorder August 18, 2009Nevada County Board of Supervisors (Response only for Training, Recommendation 1) August 18, 2009 Nevada County Presidential Election - November 2008 Grand Jury Reports 2008-09 -
• R2
  On 2/25/09 the City Council of Nevada City voted unanimously to prepare Resolution No. 2009-09, consenting to the dissolution of the Finance and Administration Committee. Agree
• R3
  As a result the City Council's dissolution action on 2/25/09 (above), the City Treasurer tendered his resignation to the City Council on 3/06/06, citing an inability to make further contributions without the Finance Committee Agree
• R4
  On 3/11/09 the City Council of Nevada City voted unanimously to pass and adopt Resolution 2009-09, abolishing its Finance and Administration Committee, which was made up of the City Treasurer, three appointed members of the public, and two City Council Members. Agree 1 City Hall • 317 Broad Street • Nevada City, California 95959 • (530) 265-2496
• R5
  The Jury was not provided with clear and/or compelling rationale to explain the City Council's action to abolish the Finance Committee. Disagree While this statement is a matter of opinion, it is important to consider the following: Then Mayor, Barbara Coffman, explained to the Jury members present the reasons the Finance Committee had been dissolved. Ms. Coffman urged the Jury to speak with Councilmember Sally Harris who had served on the Finance Committee for several years, had been a citizen member of the Finance Committee, had been the chairman during her time as mayor, and had a background in finance. Ms. Coffman explained that Ms. Harris would be able to be more articulate on the subject and better able to answer the Jury's questions. The Jury chose not to speak to Ms. Harris, or any other sitting council member. The jury also chose not to speak to the City Manager or the Finance Director as requested by Ms. Coffman. Ms. Coffman also urged the Jury to obtain video of the meeting and listen to each councilmember's reasoning. Apparently, the Jury chose not to avail themselves of that video. It would appear the Jury elected not to pursue the council's rationale for the dissolution of the Finance Committee.
• R6
  The Jury was told the City Council, City Manager and City Financial Officer will fill the void left by the Finance Committee. Disagree While it is unknown as to what others told the Grand Jury, Ms. Coffman did not state that dissolution of the Finance Committee created a void. Rather, she informed the Grand Jury 11-4 that the City Finance Director, City Manager, and City Council currently performed all of the finance and budget requirements of the City. The City Manager and Finance Director ensured that the Council remained well informed.
• R7
  In the 2006-2007 Grand Jury Report entitled NEVADA CITY GOVERNMENT: Asleep at the Wheel, which was generally critical of overall city management, the Jury made the following recommendation under the section titled "Finances": "The City Council should exercise diligent oversight of the City's financial resources and take steps to assure its members under stand the relevant processes and are given timely periodic reports." Agree
• R8
  Both the City Manager and Mayor responded to the above recommendation with the following statement: "The City agrees and is in the process of implementing. Diligent oversight of the financial resources is being provided by the Council directly through two finance- experienced council members serving full-time on the Finance Committee and Finance Manager and City Treasurer reports to the City Council, and additionally through the Finance Committee's citizen expertise and detailed oversight and reporting back to City Council." Agree 2
• R9
  Proper financial oversight requires unique expertise and generous commitment of time for the necessary detailed research and analysis in today's economy and complex financial world. Agree
• R10
  Proper and effective financial over sight from the City Council can best be accomplished through the assistance of a third party group, in addition to that coming from the City staff. Disagree. pro- A City Council must be able to rely upon its City Manager, City Finance Director and other staff members for sound financial information and oversight. For very specific matters outside consultants are occasionally employed. There is nothing preventing any number of citizens from forming an oversight committee if they are so-minded. All of the relevant information is available and city staff would cooperate fully. It is also worthy to note that no interest was shown for that idea and, that no one showed up for the long Saturday budget workshop or to comment/participate at any of the council meetings that had the Finance Director's detailed and informative presentations. 6
• R11
  The Procedural Guidelines of the Code Compliance Department document, which was adopted by the Board of Supervisors on February 10, 2004, contains conflicting guidance as to when Code cases may be closed: a. The following guidance appears on : "Do not close a case until the necessary permits have been obtained, a complete abatement has occurred, inspections have been made to verify compliance (Zoning, Building, Environmental, and Safety) and Code Compliance billings have been sent and collected." b. Contradictory guidance is found on : "When it is determined that a complaint needs to be remedied with a permit, the Code Enforcement Officer shall work cooperatively together with the other department to determine what permits are needed. Once that is done, the case can be closed: the needed permit(s) and permit fee(s) shall be noted in the contact report.
• R12
  All County staff interviewed stated that Code's standard operating procedure is to consider issuance of a building permit (by Building) as compliance, and to close the Code case at that point. County Code Enforcement – A Continuing Concern Grand Jury Reports 2008-09
• R13
  Code will re-open a case if notified by Building that a permit had expired without abatement of the condition that caused the original complaint. However, there is no written guideline or policy that would require Building to provide this notice.
• R14
  In the first case that brought this matter to the Jury's attention, there was already a multi- year history of attempts to resolve the issues through both an informal process and formal complaints to Code. 100
• R15
  Building permits are valid for six months.
• R16
  Building has the authority to issue permits with a shorter time-limit. This authority covers issues resulting in dangerous, substandard or illegal conditions.
• R17
  One of the outstanding violations in the first case was a safety issue of such importance that the property owner had been ordered by both Code and Building to not allow public use until it was corrected.
• R18
  The property owner in the first case continued to allow public use of this building on a regular basis, in defiance of the above order. This was verified by Jury members, on site.
• R19
  Since the Jury investigation began, all outstanding permits on the property involved have been closed with a final inspection, except for one. This remaining permit, open since 2003, is a subject of the original complaint to the Jury. The work required for the permit has not yet been completed.
• R20
  Building does not always use its authority to double inspection fees in cases in which construction was initiated without a permit.
• R21
  Building is considered a fee-based department. Money collected by this department for building permits and inspection fees is used to fund Building.
• R22
  Code is not a fee-based division. Only ½ of 1% of the budget comes from fines resulting from infraction level citations issued by Code officers.
• R23
  Code has only three case officers; each officer averages between 80 and 100 active cases at any one time. Conclusions