BY MARINA GAYTAN
mgaytan@losbanosenterprise.comFebruary 4, 2014
Members of the Chowchilla Cemetery District board of trustees responded to the 2013-14 Madera County grand jury report after a number of findings by the jury revealed trustees purchased items without board approval, violated the Brown Act and committed other violations.
In a statement made by trustees responding to the report, which was finalized by the district’s attorney Robert W. Hunt, members first stated their appreciation for the recommendations of improvement: “The board notes that many of the conditions reported by the grand jury were recognized prior to the issuance of the grand jury’s report and many remedial actions are already underway.”
Trustee members are Duff Bryant, Ron Lawson, John Kirwin and Betty Askew. Former trustee member Andrea Giordanella resigned on Jan. 7. In a letter addressed to the Madera County Board of Supervisors, Giordanella stated her reason for the resignation:
“In my letter it states there’s a lot of corruption and things the board does, against the Brown Act, and I will not be a part of that,” she said. Giordanella also said she hired an attorney but would not release any further information.
Lawson said the response was created by all board members except Giordanella, who has not been in attendance at the last few board meetings.
“I think (the response) came out fine,” Lawson said. “Most of the citations by the grand jury were distorted.”
The findings by the grand jury were released late last year and the Chowchilla Cemetery District trustees held a special meeting back in December to start addressing those concerns.
Trustees met at the Madera County Board of Supervisor’s District 2 office to receive training on agenda preparation, supporting of backup materials and a presentation on the Brown Act.
The report listed eight items determined to be out of compliance after several interviews by grand jury members, along with visits and attendance of board meetings. The items included purchases by certain trustees on behalf of the cemetery without first obtaining approval from the entire board. Those purchases were subsequently reimbursed by the cemetery.
The grand jury also learned about the purchase of a golf cart by a trustee member in July 2011, with approval from the board coming 10 days later.
“Indeed trustees have made emergency purchases for tools, parts and equipment necessary to conduct repairs, maintenance and operations of the district,” the response stated. “Nonetheless, the district has taken action to formalize its purchasing practices, as well as reimbursements.”
The board failed to follow the trustee-approved procedures and policies in the employee handbook and failed to follow the Brown Act, according to the grand jury report. Alleged Brown Act violations include trustees holding special board meetings with improper or no notice to the public and holding discussions and taking action on items in closed session when it should have been done in an open session.
Included in the trustees’ response to the grand jury report, the board stated it has purchased uniforms for its employees, similar to those used in other cemeteries. In addition, the district is also recruiting for a new district manager, “one of whose duties will be to improve the appearance, professionalism and service-orientation of all employees.”
Lawson said back in Sept. of 2013 the cemetery manager was dismissed and the board secretary, Erin Coast, was running the cemetery’s administration.
“There’s two members of the board that will pick out the most probable candidates,” he said.
Lawson also said the new manager will run the cemetery and “do what a manager should be doing.”
Cal-OSHA in December opened an investigation at the cemetery district. No further information about the investigation was available at press time as the investigation is ongoing. Trustee members confirmed, in their statement however, the Cal-OSHA inspector identified unsafe conditions that must be corrected. The report only listed one example – the lack of shoring in the grave to prevent side walls from collapsing on workers.
Lawson said he checked into how the Madera Cemetery District uses its shoring techniques. He also said it could have cost the district a $20,000 fine. “Now it’s down because we’ve taken steps to correct it,” he said.
Curbs, gutters, sidewalks and asphalt were listed in need of repair for public safety. “A preliminary maintenance and repair plan for curbs, gutters, sidewalks and asphalt is currently being developed, and will be further developed … by the district’s new manager,” the statement continued.
Areas in the worst state of disrepair and with the most unsafe conditions are being fixed soon as possible, according to trustees.
The trustees’ statement concluded with plans to adopt a new set of bylaws, plus a purchasing and contracting policy, an ethics code for the district, a conflict of interest policy, an expense reimbursement policy, a public records policy and a job descriptions.
“We did everything we possibly could to provide a better facility,” Lawson said. “It looks better. It’s starting to function better, it’s just taking some time to turn this thing around.”
Bryant also said he was pleased with the response adding, “things are doing much better.”
Reporter Marina Gaytan can be reached at (209) 826-3831 ext. 6562 or mgaytan@losbanosenterprise.com.
http://www.mercedsunstar.com/2014/02/04/3476876/chowchilla-cemetery-trustees-respond.html
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