Gran Jurado del Condado de Stanislaus
2009-2010
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Hallazgos & Recomendaciones
5 hallazgos
F1:
There is no correlation between the 16.51% administrative fee retained by the Chief and the amount of time he spends on Strike Team administration.
Recomendaciones relacionadas (1)
R1:
Make a formal accounting of the actual hours expended by the Chief while performing strike team administration duties and clearly state the rate at which his compensation will be calculated. All money in excess of this amount should remain with the district.
F2:
Funds that are intended for the District and for firefighter reimbursement are received and deposited into the Association account where they are comingled with Association dues and fund-raising monies prior to being disbursed.
Recomendaciones relacionadas (1)
R2:
Establish a separate Turlock Rural Fire District account to be used for depositing and disbursing department funds and firefighter reimbursement. Discontinue the practice of comingling official department funds and the Association dues and monies.
F3:
There is no external oversight of the primary account (Association account) used for disbursing the wages and earnings of all District personnel.
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R3:
The account used for disbursing wages should be subject to oversight and auditing by an entity external to the TRFD.
F4:
The firefighters are in positions that serve “at will” of the Chief and have no process available to them for reporting concerns or issues except to report them directly to the Chief.
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R4:
Implement a process that allows members of the department to express concerns and issues or make recommendations without fear of retribution. A three person committee elected by the firefighters that meets with the Chief or a form that can be submitted to the Board could be used for this purpose.
F5:
Some Board members have exceeded the maximum three year term with a two term limit that is allowed for serving on the TRFD Board of Directors as specified on the Stanislaus County Board of Supervisors website.
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R5:
The Stanislaus County Board of Supervisors should enforce the term limits or change the requirement.
Hallazgos y recomendaciones aún no extraídos.
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Hallazgos & Recomendaciones
7 hallazgos
F1:
Two past members of the Board, Board President A and Board Member, did not reside within the District boundaries during at least a part of the time they served on the Board.
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R1:
Confirm that its current and future Board members reside within the District.
F2:
The minutes of District Board meetings were minimal. The minutes did not include sufficient detail or statements of matters discussed.
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R2:
Expand on the details of the minutes of Board meetings so that an average citizen can understand the issues raised and discussed during meetings. 5
F3:
There is no indication in the meeting minutes that the District Board conducted the yearly independent audit of its financial standing mandated by California Government Code Section 26909 during the period studied by the Civil Grand Jury (2006 to present).
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R3:
Commission an independent audit of the District’s finances pursuant to the provisions of California Government Code Section 26909.
F4:
The Board’s practice of appointing relatives of current Board members as new Board members, and hiring relatives of current District Board members and employees appears unethical.
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R4:
Review its hiring policies and, if one does not already exist, include a policy regarding the hiring of relatives of Board members or other employees. The hiring policies should include employee job descriptions.
F5:
The Board appeared to lack knowledge of the exact number and type of customers located within the District, and there appeared to be confusion as to the proper billing practices for the different types of customers.
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R5:
Perform an inventory which classifies residential, commercial and educational customers; and set fees in accordance with standard practices for each classification.
F6:
It appeared that non-bonded employees were accepting bill payments in the District’s office.
Recomendaciones relacionadas (1)
R6:
Investigate the possibility of customers paying their service fees at a local financial institution instead of at the District office. Alternatively, require that any District employee accepting service fee payments at the District Office is bonded.
F7:
The previous Board did not prudently handle the District’s business affairs, as Evidenced, at least partially, by the present Board’s decision to forego compensation until the District’s financial position improves.
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R7:
Conduct District business affairs in an ethical, professional manner including the following: · Review the California State Statutes regulating special districts. · Receive training and up-dated information regarding the Brown Act once a year. New Board members should, upon taking office, be provided with a copy of the Brown Act and training as to its requirements. · Consistently retain legal counsel. While it may not be necessary to have an attorney attend each Board meeting, the Board should have one available for closed meetings or discussing matters of a legal nature, such as sewer rate increases. · Explore associating with similar special districts for information regarding problem solving, billings and other matters common to such special districts. · Pursue grant monies for system upgrades through Stanislaus County and the State and Federal Governments. · Consistently maintain a Board of 5 members.
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Hallazgos & Recomendaciones
5 hallazgos
F1:
CSA takes audits seriously and immediately takes action to resolve any problems or errors found in its cases.
F2:
All errors identified in the most recent independent audit have been resolved.
F3:
For each error identified in the most recent audit, the Agency prepared a Policy Action Memo, along with printed instructions and check lists in order to prevent similar errors in the future.
F4:
The Director and Staff of CSA appear to be conscientious, caring people who are attempting to serve those in need while being restricted by extreme budget cuts. Every budget season CSA is expected to do more with less.
F5:
The various programs CSA administers are delicately balanced to serve the public in the best way possible. Having to cut the budget of one program upsets this balance and causes problems in the other programs. Losing staff because of budget cuts negatively impacts safety nets that are being utilized to keep family units together. This often results in more children being placed in Foster Care, which not only affects the well being of the children specifically, but also their families and communities in general.
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Hallazgos & Recomendaciones
5 hallazgos
F1:
There is no evidence that any member of the Modesto City Schools Board of Trustees, as composed prior to 11/3/09, violated the Brown Act;
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R1:
While there is no evidence that the Modesto City Schools Board of Trustees violated the Brown Act, the Grand Jury believes that it would be in their best interest to annually evaluate the ongoing education programs for Trustees, with a specific emphasis on the Brown Act;
F2:
While there is no evidence of a Brown Act violation on the part of the Modesto City Schools Board of Trustees, the “public reprimand” of a trustee by three fellow trustees, without any notice to the public, the trustee being reprimanded or even those trustees who did not sign the “public reprimand,” gives an impression of backroom dealing that is troublesome and should be avoided in the future; 3
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R2:
Furthermore, if the Board of Trustees finds it necessary to make a formal “public reprimand” of a member, such action should be placed on the Board’s agenda, with appropriate notice to the Trustee involved;
F3:
Insufficient measures were taken by the Modesto City Schools’ Board of Trustees, as well as District Administration, to lessen the impact of the transition of hiring a new Superintendent on District staff and employees. Part and parcel of this error appears to be the Board of Trustees’ decision to quickly implement sweeping changes District- wide;
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R3:
In the future, when the Board of Trustees hires a new superintendent, it should take into consideration the need for a new superintendent to familiarize him or herself with the culture of the District;
F4:
During the transition period there was a failure to effectively communicate changes in policies and procedures both internally and externally;
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R4:
To encourage effective communication both internally and externally, it would be in the District’s best interest to designate a person as its Public Information Officer;
F5:
There does not appear to be a clear and concise personnel policy protecting those employees who bring to their supervisors’ attention misbehavior or malfeasance of fellow District employees, or who wish to question the manner in which day to day business is being conducted.
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R5:
The District should adopt a comprehensive “Whistleblower Policy” which complies with all State and Federal laws.
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Hallazgos & Recomendaciones
8 hallazgos
F1:
This facility needs to be replaced.
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R1:
Replace the existing jail facility with a larger, more modern facility.
F2:
The humidity in the jail was overwhelming.
F3:
The video monitoring/recording system needs to be capable of recording continuously.
Recomendaciones relacionadas (3)
R2:
Upgrade the video monitoring/recording system.
R3:
Upgrade the video monitoring/recording system.
R4:
Upgrade the video monitoring/recording system.
F4:
The medical and dental service appears to be adequate. 2
F5:
The use of closed circuit television for arraignments is both a cost-savings and safety benefit as it keeps more deputies available for security purposes at the Public Safety Center. 4
F6:
The annual mental health training appears to be beneficial.
F7:
The facility keeps appropriate records regarding any discharge of weapons.
F8:
The video monitoring/recording system needs to be capable of recording continuously.
Recomendaciones relacionadas (3)
R2:
Upgrade the video monitoring/recording system.
R3:
Upgrade the video monitoring/recording system.
R4:
Upgrade the video monitoring/recording system.
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Hallazgos & Recomendaciones
6 hallazgos
F1:
disappearance, or responsibility for the disappearance of the hard drive in question. At the writing of this report a sheriff's investigation of the matter is still ongoing. The Civil Grand Jury makes no findings regarding the allegations that the Mayor and
F2:
MLME violated the California Penal Code. At the writing of this report a sheriff's investigation of the matter is still ongoing. The Civil Grand Jury makes no findings regarding the City of Hughson committing
F3:
an Unfair Labor Practice. The Civil Grand Jury finds that the City's normal grievance procedure in accordance
F4:
with the Memorandum of Understanding (MOU) with the Union and with City policy and procedures was being followed. The Civil Grand Jury finds that the Mayor acted properly in this matter.
F5:
The Civil Grand Jury finds that the MLME acted in an exemplary manner in
F6:
protecting the interests of the City of Hughson and is to be commended for the thoughtful manner in which she carried out her duties in a stressful situation.
Hallazgos & Recomendaciones
5 hallazgos
F1:
The Civil Grand Jury finds that the arresting officer and supervisor followed departmental procedures.
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R1:
The Civil Grand Jury recommends that the Chief of Police of Oakdale initiate improved communication and leadership within the police department.
F2:
The Civil Grand Jury finds that the Oakdale Police Department mishandled the case investigated in this complaint by focusing on the adult in an apparent attempt to reduce or counteract his crime while ignoring the plight of the juvenile.
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R2:
The Civil Grand Jury recommends that the Chief of Police follow the practice of unbiased and fair law enforcement.
F3:
The Civil Grand Jury finds that the Chief of Police failed to enforce the law equally for the two suspects and for the best interests of the residents of the City of Oakdale.
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R3:
The Civil Grand Jury recommends that the Chief of Police withdraw the verbal “standing order” mandating that officers receive departmental and administrative approval prior to arresting suspects up to nineteen years of age on explosives charges.
F4:
The Civil Grand Jury finds that on May 13, 2009, the Chief of Police issued and implemented a highly unusual verbal “standing order,” also known as a departmental verbal policy. This standing order mandates that officers receive departmental and administrative approval prior to arresting suspects up to nineteen years of age on explosives charges.
F5:
The Civil Grand Jury finds that the Chief of Police demonstrated poor leadership in the handling of this case by being influenced by another police chief and by failing to follow through to make sure both suspects were treated equally under the law. California Penal Code Section 12303.2. LawOfficer.com
Hallazgos & Recomendaciones
4 hallazgos
F1:
to all Council members on April 22, June 19, and July 2, 2009.
F2:
The Civil Grand Jury finds Councilman B violated the Brown Act in an email to the Mayor and two other Council members on June 19, 2009.
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R1:
The Civil Grand Jury recommends City Council members follow the practice of open and transparent decision-making in the spirit of the Brown Act.
F3:
The Civil Grand Jury finds Councilman C violated the Brown Act in an email to all Council members on November 16, 2009. FPPC Violations: The Civil Grand Jury finds that Councilman A violated the Fair Political Practices Commission regulation 18700, having to do with conflict of interest, when on June 19, 2009 he emailed the other Council members concerning the Streetscape Project in downtown Hughson. The Civil Grand Jury finds that Councilman A violated the FPPC regulation 18700 by offering to use his position as a City Council member to influence the Board of Supervisors in exchange for employment. Hughson Municipal Code Violations: The Civil Grand Jury finds that Councilman A sought to overreach his power by demanding to investigate what he claimed to be owillful misconducto at City Hall. According to the Hughson Municipal Code 2.08.140, it is the responsibility of the City Manager to investigate complaints about city administration. The Civil Grand Jury finds that the City Council decision, with a three-to-two vote, to
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R1:
The Civil Grand Jury recommends City Council members follow the practice of open and transparent decision-making in the spirit of the Brown Act.
F4:
The Civil Grand Jury finds that Councilmen A, B, and C disregarded their fiduciary responsibility to the citizens of Hughson by attempting to fire the City Manager instead of accepting his offer to shorten his contract. The Civil Grand Jury finds that the preponderance of evidence shows that Councilmen A, B, and C promoted their own agenda against the best interests of the citizens of Hughson.