Wednesday, June 22, 2016

[Tulare County] Lindsay council responds to grand jury investigation

The Lindsay City Council will complete training on the Brown Act and be more deliberative when considering combining key city managerial positions, following recommendations from the Tulare County Grand Jury.
Council’s actions come despite members not wholly agreeing with the grand jury’s findings, which were made public over the weekend.
The Lindsay City Council disagreed with three of the five Grand Jury findings, only going along with the finding that legal settlements with employees contributed to the city’s poor financial condition and that there was a lack of evidence of deliberate Brown Act violations.
The future training and administrative attitude are part of a four-page response made available Monday. Over the next year, Lindsay council will have four quarterly Brown Act refresher courses starting Aug. 9.
The Grand Jury recommendation on being deliberative has been implemented, according to the response.
The Grand Jury began an investigation into the Lindsay City Council after receiving complaints alleging Brown Act violations. The Brown Act is also known as the Open Meeting Laws.
There were also allegations of criminal wrongdoing involving quid-pro-quo dealings.
While the Brown Act violations were hard to prove, the Grand Jury had concerns about civil impropriety.
In completing an investigation, the Grand Jury interviewed the initial complainant and other witnesses. The Grand Jury also received evidence from sworn statements and transcripts.
The Grand Jury reported these facts:
   After the resignation of Lindsay’s city manager in November 2010, the then police chief was appointed as the city’s top administrator, combining the two positions.
   The Tulare County District Attorney’s Office conducted an investigation into the Brown Act violations.
  On at least two occasions, no more than two council members met in unofficial meetings at private residences to discuss employee union matters. No quorum was met.
   A court document and witness statements alleged that city officials inappropriately directed their employees to perform services outside the city’s jurisdiction on city time.
   There were complaints and allegations of collusion, cronyism, nepotism, and harassment.
   The city reached high-cost employment severance settlements (more than $400,000) with some employees over the issues of termination.
   The city council imposed employee furloughs, claiming financial difficulties.
The Grand Jury also reported five findings. The Lindsay City Council had a response for all.
First finding: The Grand Jury determined that to combine the city manager and police critically weakened the checks and balances with regards to personnel issues. The Grand Jury said this eliminated the division of authority to more than one person and position.
In response, the Lindsay council’s majority agreed with the finding. However, a council minority disagreed, said the practice has been done in Farmersville, Exeter, and Lemoore without negative impact. Even Lindsay did it some time ago.
In part, the response read: “The city council had no empirical evidence to indicate that combining these two positions should weaken the checks-and-balances relating to personnel issues.”
The response continued: “Combining these two high-salaried positions was done to lessen the financial impact on the city while preserving necessary leadership during a period of financial hardship. The combination of these two positions was not a decision made lightly.”
Second finding: Some costly employee settlements from the combination of positions. By the Grand Jury’s estimation, the settlement was $400,000.
The Lindsay City Council’s majority disagreed. There was evidence lacking to support this. The council said it agree to spend about $276,449 in two settlements. The severance package the former city manager received was $186,449, which included unpaid vacation and wages.
“This type of arrangement is not unusual when a city manager is asked to leave or is terminated without proof of wrongdoing,” the response said.
There was also a $90,000 settlement with a police lieutenant. The settlement limited Lindsay’s financial impact.
Third finding: The lack of evidence made allegations of Brown Act violations difficult to substantiate.
In response, the city council said there was a lack of evidence to support or refute this finding.
Fourth finding: Some council members were involved in discussions over union issues outside established procedures.
In response, the Lindsay council wholly disagrees. Mayor Ramona Villareal-Padilla said she was not involved with discussions about union relations. Vice Mayor Rosaena Sanchez said she was not involved in any discussions. Council member Steven Mecum said he only listened to a complaint and did not consider his actions to be outside established procedures.
Fifth finding: The cost of the employee settlements contributed to the city’s poor financial condition and the necessity to impose employee furloughs.
The city council unanimously agreed.
This is the second time the grand jury has investigated the Lindsay City Council.
County homeless
The grand jury also investigated services available for homeless in the county. There were two findings and one recommendation. Last week, the Tulare County Board of Supervisors authorized the response from county administrators. There was also a recommendation to research programs for the homeless.
First finding: Grand Jury members found CalWORKs employees to be helpful and knowledgeable about resources available.
In response, the supervisors agreed with the finding.
Second finding: Grand Jury members found that individuals who are not mentally ill or chemically dependent, and without children, are not eligible for housing programs.
The board agreed with the finding.
The Grand Jury recommends establishing programs to help all homeless, including those who are childless, mentally competent and non-chemically dependent.
In response, the supervisors consulted with County Administrative Officer Michael Spata, who will direct other staff and other agencies to research the feasibility of programs.
June 21, 2016
Visalia Times-Delta
By Luis Hernandez


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