The Coachella Valley Public Cemetery District has been suffering from a lack of leadership and its trustees need more training to perform their duties, a civil grand jury found.
The findings are among those in a report publicly released following months of interviews and investigation. It illustrates conflict, disorganization and potential Brown Act violations within a special district that serves 400 families per year and covers 3,444 square miles in Riverside County.
Grand jury foreperson Sara Lipchak wouldn't comment when asked if there were any financial improprieties. She also declined to say whether the district's problems were impacting cemetery services. However, the report provides a window into a troubled county district overseen by a three-member board of trustees. Jurors are recommending that the board be expanded to five or seven members to address the district's problems.
The Grand Jury investigation found that two cemetery district trustees and their general manager "purposely excluded" the third trustee, Marcos Coronel, from meetings since March 2017. They also hired a private investigating firm to investigate Coronel -- a move that General Manager Bret Kestell said cost around $2,000 from the district's general fund.
The jurors also found Kestell was "setting the policies and directing the decisions" for the board. He disputes the Grand Jury's accusation, saying he's only been acting as a "helpful guide" to the board.
"I never made a decision on policy," said Kestell, who has worked at the district for 35 years. "That comes from the board. They vote on it. I don't make decisions or policies."
Kestell, who lives on the grounds of the Coachella Valley Cemetery in Coachella, said he and the two other board members excluded Coronel from the meetings pending a probe by a private investigator. Kestell declined to disclose the nature of the investigation, however the grand jury report states that the general manager believed Coronel was creating a hostile work environment for trustees and employees.
Coronel told The Desert Sun the accusation arose after he confronted colleagues about operating conditions within the district but was ignored.
"I am willing and able to get to work with current trustees and staff. However, we must correct the issues we face," he said.
In addition to expanding the number of trustees on the board, jurors recommended that board members and the general manager undergo mediation to resolve issues.The report also recommended that district trustees and staff undergo training. The grand jury also faulted the district for failing to distribute meeting agendas to trustees in a timely manner.
In addition, the grand jury is recommending that trustees establish a line of communication with the Riverside County Board of Supervisors and other officials.They're also calling for a full review of housing benefits and requiring rental agreements for staff living on property.
According to the grand jury report, the only time anyone tried to resolve internal issues were when district leaders hired the private investigator and in March 2017 when someone wrote -- but never sent -- a letter to a Riverside County supervisor for assistance.
Accusations of Brown Act violations were presented during the grand jury investigation and the report specifically mentions Coronel's exclusion from meetings and untimely distributions of meeting agendas to trustees.
Brown Act violations are typically considered misdemeanors and Riverside County District Attorney's office spokesman John Hall said he could neither confirm nor deny whether charges were being pursued.
Kestell, the general manager, said the cemetery district has been transparent and has historically been well run.
Trustee Joe Ceja said hostile conditions existed, but he wouldn't elaborate. Nonetheless, he agreed that board members needed more training and that conflict existed among leaders. He expects the grand jury report will open the doors to assistance that's needed.
"It'll give us a good guideline to make improvements," he said. "We have a plan now to move ahead."
About the district
The CVPCD is among 269 districts in California and among the largest in Southern California.
Trustees are appointed to their positions by county supervisors and they are paid $50 per meeting, which typically happen on a monthly basis. They oversee an area roughly bordered by Rancho Mirage to the west and Desert Center to the east.
Public Cemetery Districts are funded by property tax assessments that are distributed by their respective counties. According to the grand jury report, the CVPCD's annual property tax income since 2015 was between $721,000 and $785,000 with an additional $680,000 coming from burials.
California Association of Public Cemeteries Executive Director Carol Griese said she was unaware of the recent events at the CVPCD, but "historically, (Kestell) ran a very ethical cemetery."
It's not unusual for cemetery districts to have three members on a board and conditions within a district are more dependent on individuals than the number of trustees, she said. Furthermore, Griese added, there are plenty of districts across California that don't have websites and clients typically prefer make arrangements with cemetery districts in person.
"It's kind of a delicate situation. They're going to want to talk to someone personally," Griese said.
Riverside County Supervisor V. Manuel Perez said he heard complaints about the local district shortly after taking office last year. But, he said, supervisors had no authority over management or operations. He said he has family members buried in the district and he supports the grand jury's recommendations to improve operating procedures.
"A five or seven-member board is an appropriate size for the resources and public business this board oversees," Perez said in a statement. "I am looking to the district to swiftly implement these recommendations, and look forward to working closely with the trustees to move forward on the board expansion.”
Trustee Coronel said he also looks forward to getting back to work and expanding the number of trustees.
"What is important here, is for the public officials to respect the sovereignty the public holds over government institutions," he said. "The Coachella Valley Cemetery District does not belong to any one person; it belongs to the people within the district."
May 3, 2018
Desert Sun
By Colin Atagi
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