Stanislaus County Grand Jury
2016-2017
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Findings & Recommendations
10 findings
F1:
Few districts are in full compliance with state laws in transparency, accountability, and governance.
Related Recommendations (1)
R1:
All Stanislaus County fire districts boards should adhere to California law. All districts should have a written manual of generally accepted governance policies and procedures. The manual should include policies for nepotism, credit card control, and check signing. The manual should be completed by December 31, 2018 (see appendix).
F2:
Many board members are not adequately prepared to assume office. Stanislaus County lacks a standardized governance training program.
Related Recommendations (1)
R2:
All fire districts should establish a training requirement for board members in addition to that required by law. The curriculum is to be established no later than December 31, 2018 and shall include at least good governance, parliamentary procedure, Brown Act, nepotism, and conflict of interest (see appendix).
F3:
Most district board members are appointed by the SCBOS.
Related Recommendations (1)
R3:
Certificates of ethics training and Financial Disclosure Form 700 must be on file in each fire district office for five years and at the Stanislaus County Elections Office.
F4:
The SCCGJ observed that some fire districts perceive that they are accountable to the SCBOS. Conversely the SCBOS has no responsibility beyond appointment of board members.
Related Recommendations (1)
R4:
Fire districts are to ensure that meeting times and locations are posted consistently and accurately on district websites and with LAFCO.
F5:
Citizen participation is lacking at board meetings.
Related Recommendations (1)
R5:
The fire districts and the community at large would benefit if the SCBOS would exert oversight of governance training.
F6:
Most board meetings are not welcoming to citizens.
Related Recommendations (1)
R6:
The SCBOS should advise the forty-two specials districts in Stanislaus County to obtain a copy of this report from the SCCGJ website for informational purposes.
F7:
Many of the district websites lack required information about governance and finances.
Related Recommendations (1)
R7:
All fire district boards must comply immediately with the requirements for meeting notices, posting of meeting agendas, publishing of minutes, and financial statements as required by California law.
F8:
No apparent effort exists to increase citizen participation and involvement. 8
Related Recommendations (1)
R8:
Websites should be effectively maintained to abide by California law. The priority of websites should be to provide information and transparency about governance and finances. Current and prior agendas, minutes, financial statements, and audits should be posted (see appendix).
F9:
The fire districts spend $26 million yearly with little public scrutiny.
Related Recommendations (1)
R9:
Board meeting locations and times should be boldly identified. Signage visible from the street should announce meeting dates and times. Signage should be in place to direct citizens to the meeting room. Meeting rooms should be well-lighted, provide adequate seating, and free of exhaust fumes.
F10:
While the SCCGJ focused its investigation on independent special fire districts, our findings and recommendations should be of interest to all special districts in Stanislaus County.
Related Recommendations (1)
R10:
Board meeting structure should routinely reflect the basic elements of accepted rules of order while conducting the people’s business. They should start on time with a gavel or 9 announcement. Board members and officers should be identified by roll call. Names of board members should be visible. Topics and guest speakers should be clearly identified, and sidebars eliminated.
Additional Recommendations
1
Not linked to specific findings.
R11:
The districts should utilize local print media to seek candidates for the boards of directors. For example, the Modesto Bee’s “Lend a Hand” section announces volunteer opportunities.
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Findings & Recommendations
13 findings
F1:
The BPFD-BOD is dysfunctional. Board members lack training, leadership skills, and the ability to communicate effectively.
Related Recommendations (1)
R1:
LAFCO should consider dissolving BPFD or consolidating it with another district by June 30, 2019.
F2:
The lack of written conflict of interest policies and procedures is a frequent issue.
Related Recommendations (1)
R2:
BPFD-BOD must conduct public meetings in a professional manner led by the board chair in congruence with the district’s adopted written policies, customary parliamentary procedures, and the Brown Act by August 1, 2018.
F3:
Legal fees have depleted the funds available for the district’s core mission.
Related Recommendations (1)
R3:
Develop procedures and rules for BPFD-BOD on conducting public meetings by participating in state-approved courses on the Leadership of Special Districts Foundation in California by December 1, 2018. R.4 Develop and implement a conflict of interest policy and procedures to establish expectations of balancing the personal and business interests of BPFD.
F4:
No records exist accounting for the cash funds received from the sale of the BPFD fire truck.
Related Recommendations (1)
R4:
Develop and implement a conflict of interest policy and procedures to establish expectations of balancing the personal and business interests of BPFD. R5. Retain Financial Disclosure Forms (Form 700) for a minimum of five years to be held at the BPFD office and at the Stanislaus County Election Office by September 1, 2018. R6. Maintain Ethics training certificates for a minimum of three years to be held at BPFD office by August 1, 2018. R7. Establish bylaws requiring new and returning BPFD-BOD to complete biannual training in the Brown Act, Public Records Act (Government Code 1090-1098), and the Political Reform Act (Government Code 87100-87505) by December 1, 2018. R8. The BPFD website should focus on governance information and financial transparency no later than August 1, 2018 by posting: Regular meeting agendas 72 hours prior to the meeting. Special meeting agendas 24 hours prior to the meeting. Emergency meeting agendas one hour prior to the meeting. Board minutes. Monthly budget reports. Financial transaction reports. 7 Annual audit information. R9. Use the BPFD website to provide information about the district to encourage public attendance and participation by September 1, 2018. R10. Encourage public attendance and involvement by clearly posting BPFD-BOD meeting dates, times, agendas, at locations visible to the public by August 1, 2018. R11. BPFD-BOD needs to develop job descriptions and responsibilities for all employees and volunteers by December 1, 2018. R12. Develop a grievance procedure free from the fear of retaliation by January 1, 2019. R13. BPFD-BOD is directed to support the current fire chief and assistant chief by encouraging them to connect with the Stanislaus County Fire Warden’s Office to assist this leadership staff with strategic planning, training, and other support services to effectively manage the district by August 1, 2018. R14. Ensure LAFCO website shows the correct monthly board meeting time and location and update when necessary by September 1, 2018. REQUEST FOR RESPONSES Pursuant to Penal Code section 933.05, the Stanislaus County Civil Grand Jury requests responses as follows: Burbank-Paradise Fire District Board of Directors – Recommendations R2-R13 within 90 days. INVITED RESPONSES BPFD Fire Chief LAFCO Stanislaus County Board of Supervisor BIBLIOGRAPHY CALIFORNIA STATE LAW GOVERNMENT CODE Title 1. General [100-7914] Division 1. Cost Records to be Kept [4000-4007] Division 4. Public Officers and Employees [1000-3599] 8 Chapter 1. General [1000-1241] Article 4. Prohibitions Applicable to Specified Officers [1090- 1099] Division 7. Miscellaneous [6000-7599.2] Chapter 3.5 Inspection of Public Records [6250-6276.48] Article 1. General Provision [6250-6270.5] Title 3. Government of Counties [23000-33205] Division 2. Officers [24000-28085] Part 3. Other Officers [26500-27773] Chapter 4. Auditor [26900-26914] Article 1. Duties Generally [26900-26914] Title 5. Local Agencies [50001-57550] Article 2.4 Ethics Training [53234-53235.2] Division 2. Cities, Counties and other Agencies [53000-55821] Part 1. Power and Duties [53000-54999.7] Chapter 9 Meetings Ralph M. Brown Act [54950-54963] Title 9. Political Reform [81000-91014] Chapter 7. Conflicts of Interest [87100-87505] Article 2. Disclosure [87200-87210] HEALTH & SAFETY CODE Division 12. Fire and Fire Protection [13000-14960] Part 2.7. Fire Protection District Law of 1987 [13800-13970] Chapter 7. Finance [13890-13906] PUBLIC CONTRACT CODE Division 2. General Provisions [1100-22355] Part 3. Contracting by Local Agencies [20100-20928] Chapter 1. Local Agency Public Construction Act [20100-20929] Article 53. Fire Protection Districts [20810-20813]
F5:
State funds reimbursing the district for administrative costs for strike teams were improperly paid to an employee.
Related Recommendations (1)
R5:
Retain Financial Disclosure Forms (Form 700) for a minimum of five years to be held at the BPFD office and at the Stanislaus County Election Office by September 1, 2018.
F6:
Credit cards were left unsecured with no written policy for their use.
Related Recommendations (1)
R6:
Maintain Ethics training certificates for a minimum of three years to be held at BPFD office by August 1, 2018.
F7:
BPFD-BOD failed to provide financial statements and audit reports.
Related Recommendations (1)
R7:
Establish bylaws requiring new and returning BPFD-BOD to complete biannual training in the Brown Act, Public Records Act (Government Code 1090-1098), and the Political Reform Act (Government Code 87100-87505) by December 1, 2018.
F8:
BPFD-BOD failed to provide Form 700 Statement of Economic Interests and evidence of ethics training as required by California law.
Related Recommendations (1)
R8:
The BPFD website should focus on governance information and financial transparency no later than August 1, 2018 by posting: Regular meeting agendas 72 hours prior to the meeting. Special meeting agendas 24 hours prior to the meeting. Emergency meeting agendas one hour prior to the meeting. Board minutes. Monthly budget reports. Financial transaction reports. 7 Annual audit information.
F9:
BPFD-BOD failed to provide board agendas and minutes as required by the Brown Act.
Related Recommendations (1)
R9:
Use the BPFD website to provide information about the district to encourage public attendance and participation by September 1, 2018.
F10:
Agendas for special meetings were not posted as required by the Brown Act. 6
Related Recommendations (1)
R10:
Encourage public attendance and involvement by clearly posting BPFD-BOD meeting dates, times, agendas, at locations visible to the public by August 1, 2018.
F11:
BPFD-BOD has no written policies, procedures, or bylaws.
Related Recommendations (1)
R11:
BPFD-BOD needs to develop job descriptions and responsibilities for all employees and volunteers by December 1, 2018.
F12:
Employees have no job descriptions and therefore have little understanding of what their job responsibilities truly are.
Related Recommendations (1)
R12:
Develop a grievance procedure free from the fear of retaliation by January 1, 2019.
F13:
BPFD has no grievance procedure for protection against any form of abuse.
Related Recommendations (1)
R13:
BPFD-BOD is directed to support the current fire chief and assistant chief by encouraging them to connect with the Stanislaus County Fire Warden’s Office to assist this leadership staff with strategic planning, training, and other support services to effectively manage the district by August 1, 2018.
Additional Recommendations
1
Not linked to specific findings.
R14:
Ensure LAFCO website shows the correct monthly board meeting time and location and update when necessary by September 1, 2018.
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Findings & Recommendations
2 findings
F2:
The audit disclosed that financial controls are working effectively.
F3:
The exit interview disclosed that the Auditor-Controller reviews internal controls to insure they continue to be effective. COMMENDATIONS Cl. The SCCGJ commends the Auditor-Controller management team for their competent financial management. INVITED RESPONSES Stanislaus County Auditor-Controller Stanislaus County Board of Supervisors
Findings & Recommendations
11 findings
F1:
The medical clinic delivers
Related Recommendations (1)
R1:
None Х good quality healthcare and is effectively managed. X
F2:
Patterson Ambulance delivers good quality ambulance service and is effectively managed. *
Related Recommendations (1)
R2:
The Stanislaus County Х Sheriff's Department should custodial deputies do not wear body cameras either in the facilities consider equipping custodial deputies in all detention or on the street. Video recording facilities with personal body devices are used only if there is an cameras that are activated incident or if there is a planned cell extraction. when inmates are in the pods outside of their cells.
F3:
The investigation concluded that most of the allegations have been resolved with new * DPHD did not respond to this management or had no merit. Finding. X
Related Recommendations (1)
R3:
The Stanislaus County * Sheriff's Department should to fill when deputies are reconsider the current staffing unexpectedly absent. model of 12-hour shifts versus 8-hour shifts. In the alternative, consider creating part-time position (reserve custodial deputies) to augment scheduling in the event of unanticipated absences and to serve as a resource for full- time candidates for hiring. * Explained in report
F4:
DPHD's finances are too hiring a part time CFO, or hire dependent on Stanislaus County an outside resource to provide taxes and City of Patterson special tax assessments. CFO functions.
Related Recommendations (1)
R4:
DPHC should consider X
F5:
The DPHD is actively planning X
Related Recommendations (1)
R5:
DPHD should delay the X to expand its healthcare center. plan for capital expansion of the Del Puerto Health Center until the operational budget justifies the expansion.
F6:
A lack of county and City of X
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R6:
DPHD should request both X Patterson audits may result in a Stanislaus County and City DPHD not receiving revenue to of Patterson audit to ensure all which it is entitled. revenues and tax assessments due to the DPHD are correct. X
F7:
Unpublished minutes result in
Related Recommendations (1)
R7:
DPHD should publish X a lack of transparency in delivery board meeting minutes on the of information to the community. DPHD website.
F8:
The investigation revealed that X
Related Recommendations (1)
R8:
When the new X performance appraisals were not Administrative Director is given to recent CEOs. In addition, hired, the DPHD Board should: after interviewing board members a) Set firm expectations and and other district employees, it is monitor performance of obvious that the board is divided, the Administrative Director unsure and unclear about the and conduct annual responsibilities of the performance reviews. Administrative Director. It is not b) Establish a policy to allow clear whether the board is aligned the Administrative Director on the expectations of the position. to manage the District and refrain from unnecessary board micro-management. An excellent reference is the Oakland City Charter 218 Non-Interference Policy (Attachment B).
F9:
The job specifications used by X
Related Recommendations (1)
R9:
Once the Administrative X DPHD to recruit for the new Director is hired, the DPHD position of Administrative Director Board should ensure that the were modified to more closely job description for the match candidates to the position. Administrative Director position matches the job specifications used in recruitment.
F10:
There is minimal public X
Related Recommendations (1)
R10:
The DPHD should X outreach to the community to develop an action plan to explain the mission of DPHD and inform and educate the voters to attract qualified board members. within DPHD on the following: a) The responsibilities of the board b) The role of a board member. The qualifications C) necessary to serve on the board.
F11:
Without formal orientation and X consultant after each election training processes for board to provide training for all members, dysfunction of the board will continue to exist. current and incoming board members on how to work together as an effective team. Stanislaus County Board of Supervisors The SCCGJ identified 11 findings and eight
Related Recommendations (1)
R11:
DPHD should hire a X
Findings & Recommendations
12 findings
F1:
The RPTCSD BOD has no bylaws on how to conduct meetings or resolve the simplest issues regularly causing dissension and division within the board.
Related Recommendations (2)
R1:
RPTCSD should seek organizations that provide training, mentorship, website, and personnel support to facilitate their transition to an effective and productive board by December 31, 2018. One such organization is California Special Districts Association – www.csda.net.
R5:
RPTCSD BOD should adopt bylaws by July 1, 2019 that provide written procedures specific but not limited to conducting BOD business, job descriptions, filling board vacancies, and emergency contacts.
F2:
The governance and operating expenses are outpacing revenues and significantly reducing operating reserves.
Related Recommendations (1)
R2:
RPTCSD residential and business water rates should be increased no later than December 31, 2018 in order to maintain a positive cash flow position.
F3:
RPTCSD BOD has failed to properly post its monthly meetings to the public in violation of §54954.2 of the Government Code (part of the Brown Act).
Related Recommendations (3)
R1:
RPTCSD should seek organizations that provide training, mentorship, website, and personnel support to facilitate their transition to an effective and productive board by December 31, 2018. One such organization is California Special Districts Association – www.csda.net.
R4:
Each RPTCSD board member should attend training by March 31, 2019 in the following areas: Brown Act, parliamentary procedures, conducting efficient meetings, and team building.
R7:
RPTCSD should insure by July 31, 2018 that the meeting agendas are posted pursuant to Brown Act regulations. 6
F4:
Nepotism exists on the RPTCSD BOD.
Related Recommendations (1)
R3:
RPTCSD shall create a conflict of interest policy as required by law to minimize board meeting issues by October 1, 2018.
F5:
The RPTCSD BOD has one vacancy that often results in a tie vote on motions, thus preventing completion of unfinished business.
Related Recommendations (2)
R1:
RPTCSD should seek organizations that provide training, mentorship, website, and personnel support to facilitate their transition to an effective and productive board by December 31, 2018. One such organization is California Special Districts Association – www.csda.net.
R5:
RPTCSD BOD should adopt bylaws by July 1, 2019 that provide written procedures specific but not limited to conducting BOD business, job descriptions, filling board vacancies, and emergency contacts.
F6:
Stanislaus Chief Executive’s Office provided support to the RPTCSD BOD but had little impact on improving Brown Act compliance, meeting effectiveness, and internal discord within the board.
Related Recommendations (1)
R1:
RPTCSD should seek organizations that provide training, mentorship, website, and personnel support to facilitate their transition to an effective and productive board by December 31, 2018. One such organization is California Special Districts Association – www.csda.net.
F7:
The chairman of the board has no control of the meetings. Attempts to control outbursts and interruptions are unsuccessful.
Related Recommendations (2)
R1:
RPTCSD should seek organizations that provide training, mentorship, website, and personnel support to facilitate their transition to an effective and productive board by December 31, 2018. One such organization is California Special Districts Association – www.csda.net.
R4:
Each RPTCSD board member should attend training by March 31, 2019 in the following areas: Brown Act, parliamentary procedures, conducting efficient meetings, and team building.
F8:
Financials are not discussed during board meetings. Checks are passed down the table to each board member to review and sign, but no voting or discussion is done to approve expenditures. 5
F9:
Board agendas and minutes are not provided to the general audience during board meetings unless requested.
F10:
No set policy of minimum physical requirements, procedures, or responsibilities has been agreed upon for on-call pay and emergency duties.
F11:
RPTCSD does not have a website to provide the general public with meeting agendas, minutes, or other documents to encourage public participation.
Related Recommendations (1)
R6:
RPTCSD should create a website in order to improve transparency by December 31, 2018. Meeting agendas, minutes, special reports, financial audits, bylaws, and the governing ordinance are examples of documents that foster increased trust and communication within this community.
F12:
The biennial financial audit is current.
* 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.