Thursday, June 25, 2015

[Contra Costa County] Grand Jury: Rodeo-Hercules fire district should reopen chief's


HERCULES -- The Contra Costa County Grand Jury is calling on the directors of a West County fire district to reopen an employment agreement with its chief after finding that they approved it in violation of the state's government transparency law and without adequate review.
The Rodeo-Hercules Fire District Board of Directors signed off on the 15-month contract extension for Chief Charles Hanley less than an hour after being handed the heavily-revised, 10-page document during a meeting last October.
The grand jury found that revisions had been made to 12 of the contract's 20 sections and that all of the changes -- including amendments that boosted Hanley's benefits, extended his non-termination clause to 14 months and protected him from "undue (board) oversight" -- favored the chief.
The changes, "restricted the board's oversight of the chief and raised the standard of the board's ability to terminate (him)," the grand jury wrote in a report issued last week.
Hercules Councilman Bill Kelly praised the grand jury for highlighting "the ridiculousness of some of this contract."
"I have no idea what would constitute 'undue oversight' by the board that hired him," he said. "That the board would give up that oversight is very concerning to me."
Fire board member Bill Prather, who cast the lone vote against the contract, said he would support reopening the contract but doubted the chief and a board majority would agree to it.
"I think the public would like to see it reopened, but I don't know what our legal standing would be," he said.
The board's attorney, Richard Pio Roda, of the law firm Meyers Nave, said he went over the contract revisions with board members in closed session before they voted. The revised contract, Pio Roda said, was submitted by Hanley and provided to him the day of the meeting.
In a separate report also released last week, the grand jury invoked the board's action as a prime example of the failure of certain government agencies to abide by the Brown Act, which protects government transparency in the state.
The district failed to make clear in the meeting agenda that the chief's contract contained significant changes, and record in the meeting minutes how each board member voted, the grand jury found.
Hanley, who makes an annual base salary of $185,952, declined an interview request. Board President Beth Bartke declined to comment on the report, and other board members did not return telephone calls. The board will discuss the reports at its July 8 meeting and will respond to the grand jury's recommendations, Bartke said.
Contact Matthew Artz at 510-208-6435.
Grand Jury recommendations:
The fire board should attempt to reopen contract negotiations with the chief.
The fire board should receive training on the Brown Act immediately upon taking office and no less than every two years afterward.
The board should properly identify all items on its agendas and include accurate descriptions of each agenda item.
The board should record each director's vote on reportable actions from closed session in the meeting minutes of every board meeting.
The fire board should consider maintaining a website of the district's minutes and agendas and identify the funds to do so.
June 25, 2015
Inside Bay Area
By Matthew Artz

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