Stanislaus County Grand Jury

2008-2009

6 reports

From the annual report
The consolidated year-end volume. The individual investigations it contains are listed separately below.
📑 Year-End Report
The full consolidated volume; individual reports are listed below.
Individual reports (6)
Findings & Recommendations 5 findings
F1: Financial Law Conflict of Interest is easy to understand; however, this was never an issue. The Common Law Conflict of Interest doctrine is somewhat broader in scope and subject to varied interpretations.
F2: No evidence exists to support the Common Law Conflict of Interest complaint regarding the actions concerning the Turlock Council Member.
F3: The decision to recuse one's self is of great importance to every elected or appointed official. An elected office holder must act with unquestioned integrity at all times, ensuring the public trust. The Council Member actions at no time compromised the good standing of the
F4: The Turlock City Council Member should have recused herself to avoid any perception of wrongdoing.
F5: revisions and updates of material addressing Common Law and Financial Conflict of Interest doctrines. The Turlock City Attorney should be responsible for distributing this information to all elected and appointed officials bi-annually. The Turlock City Attorney should create and maintain a log which verifies that all
Findings & Recommendations 1 findings
F1: been filled by the governing Service district or the County Board of Supervisors. County Special District Liaison acknowledged that filling special district vacancies is a recurring problem. Training for board members offered by Stanislaus County is not mandatory. •
Related Recommendations (1)
R1: The Civil Grand Jury recommends that the Vice President resign or be removed from office since he does not meet the residency requirement.
Additional Recommendations 4

Not linked to specific findings.

R2: Special District Liaison should take a more active role in the operations of Special Districts.
R3: Periodic training for Special District Board members be mandatory.
R4: The governing board for Monterey Park Tract Community Service District and the County Board of Supervisor take action to fill existing vacancies.
R5: If the Board is unable to fill vacancies, the County should consider absorbing the Monterey Park Tract Community Services District into an appropriate existing water district. RESPONSE Monterey Park Tract Community Service District Stanislaus County Board of Supervisor, District 5 Special District Liaison for the Stanislaus County Board of Supervisors
Findings & Recommendations 6 findings
F1: chose not to disclose this information to the citizens. In Riverbank, information flows up to the City Manager, but there is a lack of information flowing downward to the City Council and to the level of City Clerk. One city employee stated that he or she was not expected to think, but to do what he/she was told. This has led to much intrigue, misinformation, and lack of vision of all levels of City government. There have been several reports of intimidation by certain City Council Members and concerned citizens to the line staff in the City Government. The City Manager is either unaware of this, or chooses to ignore it. There is no law forbidding individuals from voting for themselves.
Related Recommendations (1)
R1: õelectedö City Council Member. The City of Riverbank has a strong City Manager/weak Mayor form of Government. The
F2: It was found that the City Clerk of Riverbank does not validate the accuracy of information
Related Recommendations (1)
R2: City Manager shall establish a more efficient manner of disseminating information to the City Council and staff. The City Manager needs to be more visible in his leadership role. The City Council should evaluate the City Manager on an annual basis.
F3: on election documents submitted to the City Clerkøs office, although the form(s) indicates a signature of verification. It was found that written policies and procedures are either non-existent or unavailable to
Related Recommendations (1)
R3: The City Manager should evaluate his staff on an annual basis.
F4: staff and City Council Members. If available, they are not required reading. Without the knowledge of the City Council, the Vice Mayor purchased a table at a local
Related Recommendations (1)
R4: The City Council should direct staff to develop a set of policies and procedures for each department. The City Manager should institute a policy that all employees read, and verify by their signature, the policies of the City of Riverbank on an annual basis. When verification of documents is required, the City Clerk or Assistant City Clerk should
F5: fund-raising event with personal funds. The signage on the table indicated sponsorship by the Riverbank City Council. There is no uniform method of disseminating information to City Council Members. There
Related Recommendations (1)
R5: review each document for accuracy and timeline. The City Council should publicly reprimand or censure the Vice Mayor for mis-representing
F6: is one City Council Member who does not use the Internet, e-mail, or any other computer based programs provided by the City of Riverbank.
Related Recommendations (1)
R6: the Riverbank City Council at a local fund-raising event. The City Manager should contract with a professional consultant experienced in cities with rapidly changing population demographics, aging infrastructure, and organizational changes. The City Council should also develop relationships with cities that have successfully navigated the pitfalls of rapid change. One delivery system, paper or e-mail, should be used and computer training for the sole member who professes computer illiteracy, should be provided if the City chooses to use only an electronic mode for communication. Several interviewees were unable to recall certain dates, meetings, subjects of meetings, and
Additional Recommendations 2

Not linked to specific findings.

R7: Court testimonies. It is strongly suggested that all members of the Riverbank City Council, City government, and County Board of Supervisors maintain records of the dates of meetings and the subject of said meetings to enhance their recall. Concerned citizens frequently question the actions of the City government and City Council.
R8: In the best interest of transparent government, the City Council needs to develop a set of policies and procedures. This would assist the members of the City Council and establish a sense of trust between the Council, City government and all of the citizens of Riverbank.
Findings & Recommendations 4 findings
F1: rent. In the case of Hangar 7, the initial lease expired and the City took no action. Four
Related Recommendations (1)
R1: The City of Modesto should have a Property Manager review all leases. A copy of the updated Airport Master Plan be submitted to the Civil Grand Jury.
F2: years later the lessee requested an õextensionö of his lease, which was granted. Shortly thereafter the lessee assigned the lease to a third party with the approval of the City. The original lease did not include a holdover provision or an option to renew. The õextensionö is dated and effective four years after the expiration of the original lease. The ground lease for Hangar 7 was for a term of 20 years. At the expiration of the
Related Recommendations (1)
R2: Any future Airport leases be open to public discussion.
F3: The City/County Airport entered into several other long-term ground leases. During the term of these leases, the City agreed to 15-year extensions, rather than acquiring the title to the improvements as provided under the terms of the leases. At the time of this investigation, there was no current Airport Master Plan in place.
Related Recommendations (1)
R3: RESPONSE Modesto City Council Airport Manager
F4: From information gathered through interviews, the Modesto City/County Airport needs the expertise of a professional Property Manager. City of Modesto Council Agenda Report presented the leases as a consent item.
Related Recommendations (1)
R4: City of Modesto Public Works
Findings & Recommendations 3 findings
F1: The Civil Grand Jury finds that Alliance staff did not order the deletion of voucher records and that these records still exist.
Related Recommendations (1)
R1: The Civil Grand Jury recommends that businesses seek the advice of tax counsel when considering these tax credits. The Civil Grand Jury recommends that the two involved state agencies, Housing & Community
F2: The Civil Grand Jury finds no evidence that the Alliance solicited funds for any other purpose than to support its work as a non-profit corporation.
F3: The Civil Grand Jury finds that the two major sources of regulation for the processing and issuance of these hiring tax credit vouchers, the Department of Housing and Community Development and the Franchise Tax Board, have created a set of regulations that are confusing and sometimes create a situation where a business may not know if a voucher issued will be honored at tax time. The Civil Grand Jury finds that the vouchering process and the tax credit process act independently; the Alliance has oversight of the first and the Franchise Tax Board has oversight of the second.