Friday, February 18, 2022

Tuolumne County Civil Grand Jury releases first report of new term, TUD responds

The 2020-22 Tuolumne County Civil Grand Jury released its first report last Friday that covers how public agencies responded to findings and recommendations made by the previous grand jury.

It was also the first report released by the citizen-led watchdog group since June 2020 due to the COVID-19 pandemic, which resulted in the previous jury’s term being extended until the end of that year.

Each year, superior courts in all 58 California counties are required by state law to appoint a civil grand jury consisting of ordinary citizens who volunteer their time for the purpose of reviewing local detention facilities and investigating complaints against other public agencies and officials.

Alicia Bergmann, foreperson for the current county Grand Jury, said the group plans to release reports on its investigations individually this year, as opposed to dropping them all at one time as some had done in the past.

Bergmann said they have not scheduled the dates for releasing the other reports.

The 28-page document released on Friday is called a “continuity report,” which is produced by each year’s jury to track the responses to the previous year’s jury’s findings and recommendations.  

Civil grand juries in the county typically serve from July 1 one year to June 30 the following year, though the county’s 2019-20 jury’s term was extended through Dec. 31, 2020, to give its members additional time in light of complications caused by the COVID-19 pandemic.

The county’s current Grand Jury was impaneled in February 2021 for a term that goes through June 30 this year. 

Seven investigative reports were issued by the 2019-20 Grand Jury that covered the Amador-Tuolumne Community Action Agency, the county government’s employment practices, fire safety in the county, the jail, Sierra Conservation Center, the county’s transit program, and Tuolumne Utilities District.

State law requires the governing body of any public agency that a civil grand jury investigates to respond within 90 days of the report’s release. If a department or agency is headed by an elected county official, such as the sheriff for the jail, that elected official must also respond within 60 days.

According to the continuity report released Friday, the seven reports made a combined total of 29 recommendations. The 2020-22 Grand Jury reviewed all responses from the investigated agencies and found that all elected officials and governing bodies required to respond did so on time.

“Many of the agencies accepted the Grand Jury’s findings and took recommended corrective actions in a reasonable time frame,” the continuity report released Friday stated. “When an agency disagreed with the Grand Jury’s recommendations, they usually provided explanations.”

One of the more attention-grabbing investigative reports released by the 2019-20 Grand Jury was about Tuolumne Utilities District, which included findings and recommendations related to the water and sewer agency’s finances; a 2019 agreement to supply water for the Tuolumne Band of Me-Wuk Indians’ Teleli Golf Club (formerly Mountain Springs Golf Course) in Sonora; potential conflicts of interest involving a former TUD director; membership to a private group that advocates on behalf of business interests; and inconsistent verification of reimbursement claims made by directors before they are paid out.

The district disagreed with all of the jury’s findings and recommendations in a 17-page response that was drafted by then-TUD General Manager Ed Pattison in coordination with the district’s staff and approved by three out of the five members of the agency’s elected board of directors at the time.

Two of the three directors that voted to approve the responses, Bob Rucker and Ron Kopf, are no longer on the TUD board.

Rucker decided to retire from the board that year. Kopf, who was the director the jury found had “real and/or perceived” conflicts between his elected role and personal financial and business interests, lost his bid for reelection that November.

Prior to the November election, the Tuolumne County Republican Central Committee sent a letter to the Tuolumne County Superior Court requesting a review of the jury’s report on TUD.

The letter, which was signed by former District 2 County Supervisor Randy Hanvelt, who was serving as chairman of the local GOP committee at the time, pointed to discrepancies between the report and TUD’s responses and argued that it had challenged the reputation of the district’s leadership and “one board member in particular.”

A response from the court in October 2020 declined the committee’s request, stating that it must respect the jury’s autonomy as a “statutorily created citizen watchdog body that is expected to address controversial subjects in our community.”

Pattison’s employment contract was prematurely terminated by a majority of the board in April 2021.

Barbara Balen, the TUD board president, submitted a rare, formal response to the continuity report released by the current jury to clarify the steps that are now being taken since the shake up in the district’s leadership.

“This action in itself has positioned TUD towards improving communication and inclusiveness,” she said of the turnover in board members and the general manager position since the jury’s last report.

Balen then went through the recommendations that the district previously said were not warranted or were not reasonable in its previous responses, which she disagreed with submitting.

With regard to TUD’s finances, which the jury found were still falling short of revenue meeting expenses despite a five-year rate increase, Balen said the district is embarking on a rate study and will be working with water users to “make it as fair and transparent as possible.”

The jury also recommended that the TUD board should reevaluate its February 2019 approval of an agreement for providing the golf course with raw or reclaimed water, which typically goes to agricultural customers, after finding the deal was inconsistent with the district’s rules and regulations.

While TUD’s original response refuted the allegations and denied the recommendation, Balen wrote that the district “has made enormous strides in recognizing the importance of delivering reclaimed water to our agricultural community and not take water away from anyone’s livelihood for recreational use.”

Balen further stated the district was “making sure some of these fuzzy areas are cleaned up” as a “course correction.”

Since the turnover in leadership, Balen also said the TUD board has been “very diligent in recusing themselves” when necessary and some of the potential conflicts of interest cited in the 2019-20 jury’s report have been resolved.

The response submitted by Balen to the jury’s recommendation regarding memberships to outside organizations stated that TUD has reviewed and dropped any groups that are not open to the public, including the Tuolumne County Business Council, of which Kopf was serving as executive director at the time that TUD was a dues-paying member.

Union Democrat
By Alex MacLean
February 17, 2021

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