Stanislaus County Grand Jury Mr. Denis France, Foreperson Presiding Judge Jacobson*

Violations of ethics code by City Planning and Recreation Commissioners

Violations of employment laws by previous City Council Members, senior staff members, and the City Attorney

Possible Workers' Compensation Fraud

HIPPA and Employment Violations reported, and not properly investigated

High number of liability and workers' compensation claims

Discrimination against certain employee's by senior staff

Failure to perform by City Clerk

Misappropriation of City Funds

Misleading the City Council to approve expending funds with misleading information

Giving false information, and possible fraud on the State of California by the City Engineer and City Manager

Violations of ethics and overstepping his authority by Mayor Bawanan for: a. Instructing the City Manager to not carry out a decision of the City Council b. Not placing items on the City Council Agenda and not calling special meetings when requested by the other Council Members c. Misleading the City Council d. Violations of Roberts Rules of Order i. Not allowing council members to ask questions of staff ii. Not allowing council members to speak on certain items e. Knowingly lie to the City Council f. Having knowledge of employment law violations and not taking appropriate action to report and investigate g. Singling out a member of the community in an open meeting regarding false information; and when confronted realized he was wrong h. Ignoring wrong doing by Public Works staff, and continued gifts of public funds It is unfortunate that the Grand Jury did not address, nor explore the information I have provided during the original inquiry. As I know you were aware. However, I really believe you were carefully diverted from the concerns I and others have expressed about the mismanagement of the City by Senior Staff Members. The real shame is that your report was used as a tool to embarrass myself and others. I can only hope that you will reopen this investigation and speak to some of the staff members you ignored previously. In fact, now that the women at City Hall are on the record regarding the problems in the workplace. My concerns expressed to you in the past, still stand, and are now to some extent publically verified. Based on my comments above, there is clear proof that none of your assumptions were true about me, Ben Manley. I can't speak for the others, but I am sure they will have some of the same concerns about the findings. I would like you to evaluate my specific response, and do your due diligence. I am sure you will find a different set of facts, which will hopefully allow you to change your findings involving me. Below you will find my position on your specific recommendations. •The Civil Grand Jury recommends Councilmen A, B, and C resign or be removed by the Attorney General of the State of California, the FPPC or a recall by the citizens of Hughson. I completely disagree with your recommendation. As outlined above, I did absolutely nothing wrong at, which would require me to be removed from office. In fact I was given a 7 letter from the FPPC, specifically clearing me with any wrong doing on a complaint. Also, I have NOT been charged by, or been made aware of any current investigation associated with my activities on the City Council. As such, I believe that you owe me the opportunity to clear my name regarding your findings. •The Civil Grand Jury recommends the City Council practice due diligence in initiating an outside search for any city manager hired in the future. I completely disagree with this recommendation. The grand Jury should not dictate to the City of Hughson how they fill positions of employment. There should not be any reason to disallow a qualified employee from obtaining a promotion to City Manager, if they are capable and qualified. There should be absolutely no need to hire a future employee from outside, if the City follows the Municipal Code and internal hiring Policy and Procedures. There is no specific law that will require a forced outside hiring search. In addition, I would hope we are actively cultivating our staff in a way to develop our future leaders from within our rank and file. If the City agrees with the Grand Jury in this matter, what kind of message are we sending to our employees regarding internal growth opportunities? I believe the whole issue has been blown out of proportion. The City Council never said that they were NOT going to go through an extensive search for the next City Manager. At the time of this opinion, we were only considering an Interim City Manager, not a permanent replacement. The person we considered, had the qualifications, educational background, and intimate knowledge (20+ years employed and nearly 30 years living in town) of the City of Hughson. As such, I believe it would have been a huge fiduciary and practical mistake on our part to not have considered his services, while we searched for a permanent replacement. Regardless, we all know the person declined the offer. The Civil Grand Jury recommends the City provide more detailed workshops for the City

J. October 13, 2008 correspondence California Environmental Protection Agency · ... Mr. David Chase 9 SEP 2 2 2009 K. Hughson WWTP logbook entries L. Correspondence between Hughson WWTP and Regional Board M. Regulations Exhibits will be provided upon request All via e-mail cc: Joe Donabed Dan Radulescu Hughson City Manager Central Valley Regional Water Quality Control Board Brian Holloway 11020 Sun Center Drive, Suite 200 Rancho Cordova, CA 95670-6114 Lawrence Hunter Julie Osborn, OCC Mattnew (Tom) Kehoe Doug Wilson, DFA Christine Gordon, DFA Timothy Mejia Valerie Gregory, DFA Julie Berrey, OE Jared Steeley Yvonne West, OE State Water Board Jaime Velazquez California Environmental Protection Agency 200 n....t. r n.