Stanislaus County Grand Jury
2017-2018
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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.
F2:
The lack of written conflict of interest policies and procedures is a frequent issue.
F3:
Legal fees have depleted the funds available for the district’s core mission.
F4:
No records exist accounting for the cash funds received from the sale of the BPFD fire truck.
F5:
State funds reimbursing the district for administrative costs for strike teams were improperly paid to an employee.
F6:
Credit cards were left unsecured with no written policy for their use.
F7:
BPFD-BOD failed to provide financial statements and audit reports.
F8:
BPFD-BOD failed to provide Form 700 Statement of Economic Interests and evidence of ethics training as required by California law.
F9:
BPFD-BOD failed to provide board agendas and minutes as required by the Brown Act.
F10:
Agendas for special meetings were not posted as required by the Brown Act. 2017-2018 Stanislaus County Civil Grand Jury -
F11:
BPFD-BOD has no written policies, procedures, or bylaws.
F12:
Employees have no job descriptions and therefore have little understanding of what their job responsibilities truly are.
F13:
BPFD has no grievance procedure for protection against any form of abuse.
Additional Recommendations
14
Not linked to specific findings.
R1:
LAFCO should consider dissolving BPFD or consolidating it with another district by June 30, 2019.
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.
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.
R4:
Fire districts are to ensure that meeting times and locations are posted consistently and accurately on district websites and with LAFCO.
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.
• Annual audit information. 2017-2018 Stanislaus County Civil Grand Jury -
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.
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Findings & Recommendations
10 findings
F1:
Few districts are in full compliance with state laws in transparency, accountability, and governance.
F2:
Many board members are not adequately prepared to assume office. Stanislaus County lacks a standardized governance training program.
F3:
Most district board members are appointed by the SCBOS.
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.
F5:
Citizen participation is lacking at board meetings.
F6:
Most board meetings are not welcoming to citizens.
F7:
Many of the district websites lack required information about governance and finances.
F8:
No apparent effort exists to increase citizen participation and involvement. 2017-2018 Stanislaus County Civil Grand Jury -
F9:
The fire districts spend $26 million yearly with little public scrutiny.
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.
Additional Recommendations
11
Not linked to specific findings.
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).
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).
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.
R4:
Fire districts are to ensure that meeting times and locations are posted consistently and accurately on district websites and with LAFCO.
R5:
The fire districts and the community at large would benefit if the SCBOS would exert oversight of governance training.
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.
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.
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).
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.
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 2017-2018 Stanislaus County Civil Grand Jury - 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.
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 and recommendations not yet extracted.
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.
F2:
The governance and operating expenses are outpacing revenues and significantly reducing operating reserves.
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).
F4:
Nepotism exists on the RPTCSD BOD.
F5:
The RPTCSD BOD has one vacancy that often results in a tie vote on motions, thus preventing completion of unfinished business.
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.
F7:
The chairman of the board has no control of the meetings. Attempts to control outbursts and interruptions are unsuccessful.
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.
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.
F12:
The biennial financial audit is current. 2017-2018 Stanislaus County Civil Grand Jury -
Additional Recommendations
7
Not linked to specific findings.
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.
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.
R3:
RPTCSD shall create a conflict of interest policy as required by law to minimize board meeting issues by October 1, 2018.
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.
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.
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.
R7:
RPTCSD should insure by July 31, 2018 that the meeting agendas are posted pursuant to Brown Act regulations.
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
8 findings
F1:
The SCCGJ found no information was readily available to the City of Oakdale taxpayers explaining where the assessed 1% tax went and what, if any, services OID provided. X
F2:
Oakdale City residents pay over $1 million annually in property taxes to the OID. X
F3:
The 1% tax that the Oakdale city residents pay is based on the Tax Rate Assessment (TRA) based on Proposition 13 in 1978 and assessed value of their property. X
F4:
The OID and the City of Oakdale are aware of the possible disparities between property taxes paid and services provided to property owners. Both OID and the City of Oakdale are engaged in a dialog regarding this issue. X
F5:
OID-BOD failed to reapportion its five voting districts, as needed and in a timely manner, after both the 2000 Census release and again after the 2010 Census release. X
F6:
OID currently has no formal policy on record to redistrict after each Federal Census data release. X
F7:
The MPD, SCSD, and TPO are committed to protecting and serving the citizens of their respective cities. X 2017-2018 Stanislaus County Civil Grand Jury - Findings Agree w/ Finding Agrees Partially Disagrees Wholly
F8:
AMR operates a new program called Community Ambulance to assist SCSD officers when they are dealing with a person with possible mental health issues. The Community Ambulance program follows through with the subject, allowing officers to proceed with their duties. X Conclusion The 2017-2018 SCCGJ is satisfied the Stanislaus County Probation Department is taking appropriate actions regarding its responsibilities to screen and test for hepatitis B & C. 2017-2018 Stanislaus County Civil Grand Jury - Stanislaus County Probation Department Case # 17-30C Reason for Investigation The Stanislaus County Civil Grand Jury (SCCGJ) received a complaint alleging the Stanislaus County Probation Department (SCPD) acted in an illegal manner when conducting a property search, failed to follow SCPD procedures, and intimidates citizens from filing formal complaints. SCCGJ chose to investigate the complainant’s allegation that the SCPD Citizen Complaint Form and Citizen Complaint Declaration language may prevent citizens from filing complaints. The SCCGJ agrees and recommends SCPD review their Citizen Complaint and Declaration Forms with the intent of removing any language that would discourage citizen input. There may also be an issue with the current form’s language not meeting the requirement of a recent judicial opinion. Agencies Asked to Respond
❖ Stanislaus County Chief Probation Officer Agencies Invited to Respond
❖ Stanislaus County Board of Supervisors Findings Agree w/ Finding Agrees Partially Disagrees Wholly
Additional Recommendations
4
Not linked to specific findings.
R1:
The SCCGJ recommends that the SCAC Office create a way to explain the 1% ad valorem tax that is on property owners tax bills or add an insert to the property tax bill explaining what this tax covers. X 2017-2018 Stanislaus County Civil Grand Jury -
R2:
The SCCGJ recommends the SCAC Office explore ways of providing a link on its website that is user friendly and explains the breakdown of the tax. X
R3:
The SCCGJ recommends that OID commence dialog with the City of Oakdale residents regarding services provided by OID in regard to this 1% tax. X
R4:
The SCCGJ recommends that OID and the City of Oakdale continue to work collaboratively on their Cooperation Action Plan and their Mutual Aid Agreement. X Oakdale Irrigation District, Board of Directors