Gran Jurado del Condado de Trinity
2016-2017
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Hallazgos & Recomendaciones
4 hallazgos
F1:
Visual access at the Canvass was hindered for observers although direct access was not requested by the GJ at the time of its observation.
Recomendaciones relacionadas (1)
R1:
Adhere to the Election Codes concerning observers.
F2:
The EO designated a viewing area at the Weaverville Veteran's Hall polling place wherein observers could view the election process but not interfere with voters' rights to secrecy.
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R2:
The computer screens used for the signature validation shall be placed closer to the observers' relegated viewing area, enabling them to see the signatures clearly as stated in EC 15272.
F3:
EC 12109 was not adhered to by the EO. Whenever the ballots at any election or from any precincts are to be tallied at a central place and not at the precincts, the elections official or secretary of the jurisdiction conducting the election shall specify the public place to be used and give notice thereof as EC 12109 dictates.
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R3:
The EO must continue to balance the rights of individual voters and observers to assure that the election process is transparent and all voter/citizen rights are upheld.
F4:
Trinity County employees working at the Court House have access to voter information kept in the secure storage area.
Recomendaciones relacionadas (1)
R4:
Place a public notification of Precanvass, Election Day, and Canvass procedures in a newspaper of general circulation published in Trinity County at least 10 days before the day of the election.
Recomendaciones adicionales
6
No vinculadas a hallazgos específicos.
R5:
Place a public notification of Precanvass, Election Day, and Canvass procedures at least 10 days before the day of the election in the glass enclosed bulletin board on the wall near the Court House main entrance.
R6:
Place a public notification of Precanvass, Election Day, and Canvass procedures at least 10 days before the day of the election to www.trinitycounty.org website.
R7:
Utilize the SOS's suggested Election Observer Panel Plan available at http://www.sos.ca.gov/elections/voting-systems/oversight/county-election-observer-panel- plans/
R8:
Perform inventory of all keys distributed to Court House employees.
R9:
Distribute keys as necessary for County and Court employees to perform their duties.
R10:
Designate separate secure storage locations in the Courthouse for each County department use that is also separate from Court use.
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Hallazgos & Recomendaciones
12 hallazgos
F1:
The County Auditor requested clarification from Gallina, LLP, the County's external auditors, to ensure IRS compliance regarding fringe benefits provided to some employees, including County vehicle usage.
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R1:
and general services personnel, to explain the term "home" and whether it encompasses a commute to and from if "home" is outside of the county;
F2:
On December 21, 2016 the County Auditor issued a memorandum to County department heads, BOS and CAO-CC providing clarification of taxable fringe benefits with regard to vehicle usage effective with the January, 2017 pay period.
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R2:
County Code Chapter 2.56.070.C- Emergency situations and authorization for the use of county vehicles states "The immediate family of county employees who are assigned vehicles are not permitted to ride in county vehicles except with the prior approval of the county administrative officer". When an employee of the County is using their own vehicle for County business, in the process of County business, or on the way to their regular place of County business, specify if and when it is allowable for the immediate family of county employees to be permitted to ride in a personal vehicle. (Ord. 1234 §1, 1999; Ord.11 83 §3(part), 1993; Ord. 350-1 §1,1976; Ord.350 §4,1975) Enforce adherence to County Vehicle Usage Procedures and encompassing Ordinances
F3:
The BOS provided a $10,000 vehicle allowance/stipend to a County employee based on a Staff Report that did not include complete information necessary for the BOS to make an informed decision.
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R3:
and Codes through training and memorandums and at annual employee evaluations. Ensure all County employees using personal vehicles for County business submit proof
F4:
County Ordinance 2.56.040 may not be beneficial to the County budget as currently written in its explanation of vehicle use.
Recomendaciones relacionadas (1)
R4:
of insurance pursuant to County Policy 2002-02(P) at annual employee evaluations or when employees who use personal vehicles for County business, in the process of County business, or on the way to their regular place of County business change the status of ownership of the vehicle used.
F5:
The BOS is not adhering to the terms of the January, 16, 2015 contract agreement with Prentice & Epperson LLP with regard to developing specific criteria needed to review and evaluate the performance of "Firm," the definition of which is Prentice & Epperson LLP as County Counsel.
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R5:
Promptly complete the Classification and Compensation Study.
F6:
The BOS is not adhering to the terms of the January 16, 2015 contract agreement and its subsequent amendments in regard to an annual open session review and evaluation of the contract agreement with Prentice & Epperson LLP.
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R6:
Publish the Classification and Compensation Study and make it available to the public. Develop a plan of action to implement the results of the Classification and Compensation
F7:
The BOS did not adhere to Government Code Section 31000 when a contract agreement with Prentice & Epperson LLP assigning County Counsel to perform additional duties in the absence of a CAO was entered into.
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R7:
Study. Treat the recruitment and hiring of a competent, experienced CAO as a priority. To that
F8:
The BOS contracted with Prentice & Epperson LLP designating County Counsel to perform additional duties in the absence of a CAO without establishing an expiration date.
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R8:
end, offer a competitive compensation package. Develop a procedure/policy that ensures contract renewals are timely and in accordance
F9:
The BOS did not create an alternative plan in the instance a CAO is not recruited.
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R9:
with contracted work, and confirms contracts are reviewed monthly by the department implementing the contract. Develop specific criteria needed to review and evaluate the performance of "Firm", the
F10:
The CAO position qualifications presented to applicants are not uniform nor in alignment with County Code 2.08.020.
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R10:
definition of which is Prentice & Epperson LLP as County Counsel. Provide professional qualifications for the appointment of CAO-CC as described in
F11:
The County's contract agreement with Cooperative Personnel Services for the recruitment of a CAO is current and ending only when a CAO qualified applicant is made an offer and the offer is accepted.
Recomendaciones relacionadas (1)
R11:
Government Code Section 31000. Establish uniformity between County Code 2.08.020 and the position description of
F12:
BOS amended the original contract agreement with Koff and Associates four times after the contract agreement had expired.
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R12:
County Administrative Officer. COMMENDATION The Grand Jury appreciates the cooperation and responsiveness of all County employees interviewed. It is apparent that despite significant workloads and in some circumstances limited staffing levels, the citizens of Trinity County are fortunate to have dedicated employees willing to go the extra mile to ensure effective ongoing county operations.
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Hallazgos & Recomendaciones
4 hallazgos
F1:
Committee to produce an effective report to the public. No such report was produced in some years. It appears that many required Respondents are not familiar with the State Penal Code and
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R1:
proper Continuity Committee Report be produced each year. Both the Court and Grand Jury should help respondents be aware of requirements in both
F2:
Trinity County Policy Statement and either does not respond at all, respond past the required deadline, and/or respond inappropriately. Some Respondents do a very commendable job with their response which is thoughtful,
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R2:
format and timeliness for responding to Grand Jury Reports.
F3:
on-time, and in the format required by law.
F4:
that e-mail and conference calls were held without proper public notice. Planning Department - No response was received. The associated report was SDR2015- . 2016-001 - Water. Environmental Health Director - Responses were timely, although a few days off, were • appropriate and mostly positive. Code Enforcement Officer - No response was received. The associated report was SDR2015-2016-001 - Water. Trinity County Waterworks District #1 - Responses were timely, however, there were no . responses to the Findings as required. The two water districts filed combined reports even though they were required to answer separately. Weaverville Community Services District - Responses were timely, however, there were no responses to the Findings. The two water districts filed a combined response where separate responses were required. FINDINGS The Trinity County Grand Jury does not have policies and procedures for a Continuity F1. Committee to produce an effective report to the public. No such report was produced in some years. It appears that many required Respondents are not familiar with the State Penal Code and F2. Trinity County Policy Statement and either does not respond at all, respond past the required deadline, and/or respond inappropriately. Some Respondents do a very commendable job with their response which is thoughtful, F3. on-time, and in the format required by law.
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Hallazgos & Recomendaciones
16 hallazgos
F2:
During the calendar year 2016, the CC was also employed by contract to perform certain duties of the CAO, receiving $5,000.00 each month for that work.
F3:
During the calendar year 2016, the BOS evaluated only one other County department head, and that person only once. BOS minutes, for each meeting held during the calendar year 2016, where an evaluation
F4:
of the CC was scheduled, indicate, "Evaluation was held," except the meeting on March 1, 2016, where the minutes report, "Direction was given to staff." Evaluation of employees in closed session under Government Code section 54957(b)(1)
F5:
are limited to frank evaluation of that employee's performance. The contract between the BOS and the CC called for creation of criteria and standards for
F6:
evaluating the CC's performance. Under the contract, performance reviews are to be conducted annually. The BOS and CC have not created such criteria and standards.
Recomendaciones relacionadas (1)
R4:
The BOS and CC promptly develop and adopt criteria for evaluation of the CC as the employment agreement for the CC requires.
F7:
The County has a form for department head performance review that applies to all
F8:
County department heads. It is called "Trinity County Department Head Performance Review". That form has established the questions and issues suitable and useful for evaluation of County employees, including the CC and the CAO. During the evaluation sessions named in previous Findings, the BOS and the CC did not
F9:
use or discuss the agreed upon criteria or standards for CC's performance (because none existed) and did not use or discuss the performance review form named in previous Findings. The duties and obligations of the CAO, CC, and BOS are many, varied, complex, and
F10:
difficult. Interviews with persons present at the agendized evaluations of the CC revealed that the
F11:
BOS and CC discussed the performance of other County employees, including department heads. Interviews with persons present at the agendized evaluations of the CC revealed that the
F12:
BOS and CC discussed advice and counsel the BOS thought helpful to the CC in her dual role of interim or acting CAO because, the BOS suggested to the Grand Jury, the dual role presented problems too complex for a person without previous CAO experience to handle without BOS assistance. Interviews with persons present at the agendized evaluations of the CC revealed that the
F13:
BOS and CC discussed advice on legal matters affecting the County that was not a proper subject in a closed session. Interviews with persons present at the agendized evaluations of the CC revealed that the
Recomendaciones relacionadas (1)
R2:
The BOS and CC discuss and act on in closed session only those matters clearly within the Government Code section cited on the BOS agenda to justify the closed session.
F14:
BOS and CC discussed advice regarding drafting an urgency ordinance affecting cannabis cultivation in the County that was not a proper subject in a closed session. The BOS and CC used Government Code section 54957(b)(1) to disguise as employee
Recomendaciones relacionadas (2)
R2:
The BOS and CC discuss and act on in closed session only those matters clearly within the Government Code section cited on the BOS agenda to justify the closed session.
R3:
The BOS and CC and CAO acknowledge by their actions in future that the Brown Act requires them to conduct the public's business in the open.
F15:
performance review what was really wide-ranging discussions of County issues and County business. There are important, inherent, and unavoidable conflicts between the responsibilities of
F16:
the CC and the CAO. The BOS has failed its responsibility to employ a CAO who has the knowledge and
Recomendaciones relacionadas (1)
R5:
The BOS should promptly hire and maintain a competent and qualified CAO.
F17:
experience to run the county with a professional understanding of how all county functions operate together to their best effect. The CAO is a position of leadership.
Recomendaciones relacionadas (1)
R5:
The BOS should promptly hire and maintain a competent and qualified CAO.
* 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.