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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