Last Updated on Wednesday, 08 January 2014 09:09
January 8, 2014
This years Grand Jury launched an investigation into the Human Services Department after hearing of Mariposa County Planning Director Jim Rydingsword's planned resignation, formal complaints and a letter of concern.
This investigation centered on personnel issues impacting delivery of services provided by the department.
All Human Services employees were invited to participate in an anonymous survey. With 108 employees there were 53 responses with 11 of those not indicating what division of Human Services they work in. 3 of the 53 responses came from senior management (75% return rate), 9 from supervisors (56% return rate) and 41 from line staff and lead workers (47% return rate).
The survey inquired into nine areas of the Human Services work environment: training, communication, appraisals, organization, management, recognition, career advancement, satisfaction and aspects of their division within Human Services. The employees could also provide a written response to each statement. Also included in the survey were three questions: (1) How would you rate your overall experience working for Human Services? (2) Would you refer others seeking employment to Human Services, and if not, why not? (3) If you had an opportunity to make any single change at Human Services what would they be?
Former employees, line staffers, supervisors, deputy directors and the current acting director John Lawless were also interviewed.
From the surveys and interviews the Grand Jury found that management and staff provided very different responses, with management liking their jobs and staying with the department while staff has high turnover and dissatisfaction. There are areas of poor relationships between management and staff and there is low moral and happiness at Human Services.
The Grand Jury recommends: (1) Human Services make it a priority to address and resolve the personnel issues. (2) that personnel conflicts have policies and procedures immediately written and implemented along with no employee retaliation. (3) the Board of Supervisors when hiring a new Director for the department make sure the person has the capacity and determination to lead the effort to build a new organization showing more respect for the employees.
The Mariposa County Supervisors have ninety days to to respond with a written response after they receive this report.
The Grand Jury also requests the Acting Human Services Director provide a written response to the reports findings and recommendations.
Find the report at: http://ca-mariposacounty.civicplus.com/DocumentCenter/View/27024
http://goldrushcam.com/sierrasuntimes/index.php/mariposa-daily-news-2014/169-january/11602-mariposa-county-grand-jury-releases-2013-2014-investigative-report-on-personnel-issues-in-human-services-
Here we reproduce news and opinion articles in the print and electronic media since October 8, 2008, about each of our 58 county grand juries. Most are about grand jury reports. Our posting of these articles does not purport to reflect the opinions of CGJA or our members. We hope that this feature is a resource to grand juries, grand jury advisors, CGJA chapters, the media, and the public. Sponsored by the California Grand Jurors' Association, www.cgja.org/
Thursday, January 9, 2014
Monday, January 6, 2014
(Riverside County) Grand Jury Report: Better Oversight Needed Of Indigent, Disabled County Residents
Posted by Toni McAllister (Editor) , January 03, 2014 at 05:19 PM
Riverside County workers who oversee the affairs of elderly and developmentally disabled residents are overloaded with cases and are operating under dated guidelines, according to a county grand jury report that the Board of Supervisors will review Tuesday.
The 19-member grand jury completed an inquiry that included interviews, an analysis of policies and procedures and inspections of numerous records in the Public Guardian's Office, a branch of the Department of Mental Health with a $1.5 million annual budget.
Public guardian "deputies" are often appointed to act as conservators for indigent residents without close family to support them. The grand jury report indicated that clients are mostly physically incapacitated seniors, but also include mentally ill or disabled adults and others with health vulnerabilities but no means to help themselves.
The office has 10 case workers, or deputies, three supervisors and a clerical staff of five, according to the grand jury report.
Jurors noted that deputies are routinely called to investigate reports of abuse and to find suitable living arrangements for clients who have no assets and are dependent on Medicare or Medi-Cal.
The grand jury report found public guardian deputies carry caseloads as high as 196 conservatees.
"Sworn testimony indicated that caseloads are unmanageable," the report states. "It was revealed that there were tasks that additional clerical personnel could do that would free up the deputies, (who) said that they must prioritize tasks, according to importance, and that consequently some tasks are left undone or are delayed."
Jurors found that deputies are operating under policies and procedures that haven't been updated in 25 years. The office's policy manual did not contain an index that would "facilitate" finding topics at a glance, and was missing some probate and penal code amendments that have become law since 1988.
Public guardian staff complained of having to use antiquated office equipment and told jurors that their last staff meeting was conducted in April.
The grand jury issued the following recommendations:
-- have a limitation on the number of caseloads to ensure a more efficient operation;
-- update the policy manual to "reflect current practices," with an index to enable quick referencing of information;
-- permit the hiring of more clerical workers;
-- secure additional funding to expand the number of deputies on staff
-- obtain "scanners, printers, headphones and ergonomic furniture" for the benefit of employees; and
-- hold monthly staff meetings.
The county Executive Office has 90 days to respond to the jury's findings and recommendations. --City News Service
http://temecula.patch.com/groups/politics-and-elections/p/grand-jury-report-better-oversight-needed-of-indigent-disabled-riverside-county-residents-temecula
Riverside County workers who oversee the affairs of elderly and developmentally disabled residents are overloaded with cases and are operating under dated guidelines, according to a county grand jury report that the Board of Supervisors will review Tuesday.
The 19-member grand jury completed an inquiry that included interviews, an analysis of policies and procedures and inspections of numerous records in the Public Guardian's Office, a branch of the Department of Mental Health with a $1.5 million annual budget.
Public guardian "deputies" are often appointed to act as conservators for indigent residents without close family to support them. The grand jury report indicated that clients are mostly physically incapacitated seniors, but also include mentally ill or disabled adults and others with health vulnerabilities but no means to help themselves.
The office has 10 case workers, or deputies, three supervisors and a clerical staff of five, according to the grand jury report.
Jurors noted that deputies are routinely called to investigate reports of abuse and to find suitable living arrangements for clients who have no assets and are dependent on Medicare or Medi-Cal.
The grand jury report found public guardian deputies carry caseloads as high as 196 conservatees.
"Sworn testimony indicated that caseloads are unmanageable," the report states. "It was revealed that there were tasks that additional clerical personnel could do that would free up the deputies, (who) said that they must prioritize tasks, according to importance, and that consequently some tasks are left undone or are delayed."
Jurors found that deputies are operating under policies and procedures that haven't been updated in 25 years. The office's policy manual did not contain an index that would "facilitate" finding topics at a glance, and was missing some probate and penal code amendments that have become law since 1988.
Public guardian staff complained of having to use antiquated office equipment and told jurors that their last staff meeting was conducted in April.
The grand jury issued the following recommendations:
-- have a limitation on the number of caseloads to ensure a more efficient operation;
-- update the policy manual to "reflect current practices," with an index to enable quick referencing of information;
-- permit the hiring of more clerical workers;
-- secure additional funding to expand the number of deputies on staff
-- obtain "scanners, printers, headphones and ergonomic furniture" for the benefit of employees; and
-- hold monthly staff meetings.
The county Executive Office has 90 days to respond to the jury's findings and recommendations. --City News Service
http://temecula.patch.com/groups/politics-and-elections/p/grand-jury-report-better-oversight-needed-of-indigent-disabled-riverside-county-residents-temecula
Thursday, January 2, 2014
(Santa Barbara) Grand jury criticizes city of Lompoc inaction
December 30, 2013 11:29 am • Staff report
The city of Lompoc “has engaged in conduct detrimental to its citizens’ best interests” by not adopting an audit policy for nonprofit organizations receiving taxpayer funds, the Santa Barbara County Grand Jury said in a report released today.
“Lompoc citizens are poorly served by this dilatory governmental behavior. Until the city adopts an effective non-profit audit policy, taxpayers will continue to be placed at risk for further unnecessary financial harm,” the report says.
Despite agreeing to do so, the city of Lompoc has not implemented a requirement for organizations receiving city grants and loans to submit annual audits.
The grand jury notes that the city agreed to do so in its September 2012 response to a Santa Barbara County Grand Jury report entitled “A Failure of Oversight.”
The report, released in June 2012, examined the Lompoc Housing and Community Development Corporation, or LHCDC, and concluded the city and its Redevelopment Agency were lax in enforcing restrictive covenants and other agreements with LHCDC, an independent housing agency. Lompoc lost approximately $1.8 million when LHCDC properties became insolvent, according to the report.
The entire report can be found on the jury’s website at sbcgj.org.
The Santa Barbara County Civil Grand Jury is government watchdog organization made up of civilians.
“Lompoc citizens are poorly served by this dilatory governmental behavior. Until the city adopts an effective non-profit audit policy, taxpayers will continue to be placed at risk for further unnecessary financial harm,” the report says.
Despite agreeing to do so, the city of Lompoc has not implemented a requirement for organizations receiving city grants and loans to submit annual audits.
The grand jury notes that the city agreed to do so in its September 2012 response to a Santa Barbara County Grand Jury report entitled “A Failure of Oversight.”
The report, released in June 2012, examined the Lompoc Housing and Community Development Corporation, or LHCDC, and concluded the city and its Redevelopment Agency were lax in enforcing restrictive covenants and other agreements with LHCDC, an independent housing agency. Lompoc lost approximately $1.8 million when LHCDC properties became insolvent, according to the report.
The entire report can be found on the jury’s website at sbcgj.org.
The Santa Barbara County Civil Grand Jury is government watchdog organization made up of civilians.
Monday, December 23, 2013
California Grand Jurors’ Association loses leader
By Diane Damé Shepp
As the foreperson of the 2007-2008 Napa County Grand Jury, Bill liked to say it was the best grand jury ever (“TBGJE”) — a title still proudly remembered by those 19 Napa citizens who served on it. The jury’s final report described investigations into 13 topics, such as farmworker housing and municipal and county fire departments, and received the admiration and respect of many in the county.
A Napa Valley Register headline at the time stated, “Grand jury report takes no prisoners.” In fact, one of these reports won the 2007 CGJA’s Excellence in Reporting Award, while the Napa Valley Register won the CGJA’s 2007 Excellence in Reporting Award for its coverage of the 2007-2008 Napa County Grand Jury. Bill served for a second term as the foreperson of the 2008-2009 Napa County Grand Jury.
Believing in the CGJA mission, Bill joined the Napa County Chapter of the CGJA and became active at the state level. He put his knowledge to work as a trainer of new jurors. His battle with lung cancer notwithstanding, he visited five counties to train jurors this past summer.
He was the editor of the “Grand Jury Law Compendium” and a member of the Legal and Legislative Resources Committee. Bill was an accomplished attorney who used his acumen and leadership skills to build the statewide organization. He also led the battle against AB 622 in 2012, which would have eviscerated the grand jury system.
Bill received a bachelor’s degree in economics from the University of California, Berkeley, and a law degree (LLB) from the University of California, Berkeley School of Law (Boalt Hall). He practiced law for 42 years and provided his expertise to many legal and civic organizations over a most distinguished career.
In Napa, Bill was president of the Silverado Property Owners’ Association; former member of the Napa County General Plan Update Steering Committee; chair of the Silverado Community Services District Advisory Committee; and a member of the Napa County Groundwater Resources Advisory Committee.
He also served as past president of the Oakland Museum Association, the Boalt Hall Alumni Association, and the Legal Aid Society of San Francisco.
We are so lucky to have known this impressive man and to have joined with him to make Napa and California a better community.
The CGJA has established a special fund to honor Bill’s service to our community. In lieu of flowers, a contribution can be made to the CGJA, a 501(c)(3) public benefit corporation, at cgja.org/support. Please, mention that your contribution is to go to the William Trautman Memorial Fund.
The Napa Chapter and CGJA are planning to host an event in May 2014 to honor Bill. More information will follow shortly.
The Napa Chapter of CGJA is dedicated to promoting grand jury awareness, education and outreach. For information, contact President Diane Damé Shepp at napacgja@gmail.com (NapaChapter-CGJA.org).
Shepp is president of the Napa County Chapter of the California Grand Jurors’ Association
As the foreperson of the 2007-2008 Napa County Grand Jury, Bill liked to say it was the best grand jury ever (“TBGJE”) — a title still proudly remembered by those 19 Napa citizens who served on it. The jury’s final report described investigations into 13 topics, such as farmworker housing and municipal and county fire departments, and received the admiration and respect of many in the county.
A Napa Valley Register headline at the time stated, “Grand jury report takes no prisoners.” In fact, one of these reports won the 2007 CGJA’s Excellence in Reporting Award, while the Napa Valley Register won the CGJA’s 2007 Excellence in Reporting Award for its coverage of the 2007-2008 Napa County Grand Jury. Bill served for a second term as the foreperson of the 2008-2009 Napa County Grand Jury.
Believing in the CGJA mission, Bill joined the Napa County Chapter of the CGJA and became active at the state level. He put his knowledge to work as a trainer of new jurors. His battle with lung cancer notwithstanding, he visited five counties to train jurors this past summer.
He was the editor of the “Grand Jury Law Compendium” and a member of the Legal and Legislative Resources Committee. Bill was an accomplished attorney who used his acumen and leadership skills to build the statewide organization. He also led the battle against AB 622 in 2012, which would have eviscerated the grand jury system.
Bill received a bachelor’s degree in economics from the University of California, Berkeley, and a law degree (LLB) from the University of California, Berkeley School of Law (Boalt Hall). He practiced law for 42 years and provided his expertise to many legal and civic organizations over a most distinguished career.
In Napa, Bill was president of the Silverado Property Owners’ Association; former member of the Napa County General Plan Update Steering Committee; chair of the Silverado Community Services District Advisory Committee; and a member of the Napa County Groundwater Resources Advisory Committee.
He also served as past president of the Oakland Museum Association, the Boalt Hall Alumni Association, and the Legal Aid Society of San Francisco.
We are so lucky to have known this impressive man and to have joined with him to make Napa and California a better community.
The CGJA has established a special fund to honor Bill’s service to our community. In lieu of flowers, a contribution can be made to the CGJA, a 501(c)(3) public benefit corporation, at cgja.org/support. Please, mention that your contribution is to go to the William Trautman Memorial Fund.
The Napa Chapter and CGJA are planning to host an event in May 2014 to honor Bill. More information will follow shortly.
The Napa Chapter of CGJA is dedicated to promoting grand jury awareness, education and outreach. For information, contact President Diane Damé Shepp at napacgja@gmail.com (NapaChapter-CGJA.org).
Shepp is president of the Napa County Chapter of the California Grand Jurors’ Association
(Madera County) Grand Jury: Chowchilla Cemetery District violated Brown Act
BY MARINA GAYTAN
mgaytan@losbanosenterprise.comDecember 18, 2013
An investigation by the Madera County Grand Jury has determined members of the Chowchilla Cemetery District’s board of trustees purchased items without board approval and violated the Brown Act.
The findings by the grand jury are included in its 2013-14 report, which was released recently.
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.
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. Brown Act violations included: trustees held special board meetings with improper or no notice to the public and held discussions and took action on items in closed session when it should have been done in an open session, the report said.
The Chowchilla Cemetery District trustees held a special meeting Dec. 9 to start addressing a number of concerns listed in the report. Cemetery 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.
Trustees Duff Bryant, Ron Lawson, John Kirwin, Betty Askew and Andrea Giordenella all attended, along with Erin Coast, the board’s secretary.
“I felt that we needed the board to comply with the law,” said David Rogers, Madera County Supervisor District 2.
Rogers appointed three of the five members to the board. Rogers said he felt a need to bring the board in compliance with state requirements. “The purpose of today’s training is to be where we need to be legally, not to point fingers,” Rogers said at the meeting. “The cemetery district is run with taxpayers’ dollars and it needs to be run right.”
At the meeting, Tanna Boyd, Madera County chief clerk to the Board of Supervisors, gave training on agenda preparation and supporting documents to better help trustee members make decisions on agenda items. “Your agenda covers basic sections,” Boyd said at the meeting, “but we recommend you put a little more information.”
Boyd said the board should be more descriptive in their action items and should identify what that topic is.
“The public comment portion was not missing (from the agenda) but the identifying government code that requests public comment to be on agenda was missing,” Boyd said.
Referring to the budget, Rogers suggested when spending district money, discussions should be made during an open session. “You have to do everything in the eyes of the public,” Rogers said. He also said the board “should have supporting documents to justify the expenditure.”
Boyd recommended having a purchasing limit, so the board can make purchases up to a certain amount without full approval by the board. She also recommended that the secretary record minutes during the meetings, which keeps a record of actions, motions and creates a summary of each meeting.
Cemetery trustee Giordanella said she thought the training was helpful. “I though it was a nice presentation,” she said.
However, Giordanella said she doesn’t believe her fellow board members took the presentation seriously. “I believe David Rogers is doing everything in his power to work with this board. They (the board) are unworkable, very defiant; they don’t want to go by the law. They are stealing from the citizens of Chowchilla and are stealing from the dead.”
Other members of the cemetery board, however, took issue with Giordanella’s claims. Cemetery trustee Lawson said Giordanella “is a liar” who is “severely mistaken.” Lawson said issues that the board is facing stems from problems with a “disgruntled” former employee.
“The Grand Jury was pretty sloppy and the information they put in (the report) is misleading,” Lawson said. “The presentation was good ... I did get some information from it.”
Kirwin said “according to what they were saying, we’ve been doing the things we are supposed to, there may have been one or two things (wrong), but I think we followed the law as close as we could.”
Kirwin called Giordanella’s claim a “pretty bad accusation.”
“She better have something to back it up. I can assure you there’s no stealing going on, or else I would not be a part of that,” Kirwin said.
In addition to the Brown Act violations and the purchases, the Grand Jury also determined that:
• Curbs, gutters, sidewalks and asphalt are in need of repair for the safety of the public
• Cemetery district is not in compliance with Cal/OSHA requirements
• Employee job descriptions are outdated and do not reflect current employee duties
• Tools and equipment are in need of upgrading and/or replacement
The civil grand jury investigates complaints regarding government agencies and issues reports on its findings. Recommendations are not binding, but government agencies must respond in writing.
To view the full list of the report, visit the County of Madera website at www.madera-county.com.
Read more here: http://www.mercedsunstar.com/2013/12/18/3400232/grand-jury-chowchilla-cemetery.html#storylink=cpy
mgaytan@losbanosenterprise.comDecember 18, 2013
An investigation by the Madera County Grand Jury has determined members of the Chowchilla Cemetery District’s board of trustees purchased items without board approval and violated the Brown Act.
The findings by the grand jury are included in its 2013-14 report, which was released recently.
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.
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. Brown Act violations included: trustees held special board meetings with improper or no notice to the public and held discussions and took action on items in closed session when it should have been done in an open session, the report said.
The Chowchilla Cemetery District trustees held a special meeting Dec. 9 to start addressing a number of concerns listed in the report. Cemetery 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.
Trustees Duff Bryant, Ron Lawson, John Kirwin, Betty Askew and Andrea Giordenella all attended, along with Erin Coast, the board’s secretary.
“I felt that we needed the board to comply with the law,” said David Rogers, Madera County Supervisor District 2.
Rogers appointed three of the five members to the board. Rogers said he felt a need to bring the board in compliance with state requirements. “The purpose of today’s training is to be where we need to be legally, not to point fingers,” Rogers said at the meeting. “The cemetery district is run with taxpayers’ dollars and it needs to be run right.”
At the meeting, Tanna Boyd, Madera County chief clerk to the Board of Supervisors, gave training on agenda preparation and supporting documents to better help trustee members make decisions on agenda items. “Your agenda covers basic sections,” Boyd said at the meeting, “but we recommend you put a little more information.”
Boyd said the board should be more descriptive in their action items and should identify what that topic is.
“The public comment portion was not missing (from the agenda) but the identifying government code that requests public comment to be on agenda was missing,” Boyd said.
Referring to the budget, Rogers suggested when spending district money, discussions should be made during an open session. “You have to do everything in the eyes of the public,” Rogers said. He also said the board “should have supporting documents to justify the expenditure.”
Boyd recommended having a purchasing limit, so the board can make purchases up to a certain amount without full approval by the board. She also recommended that the secretary record minutes during the meetings, which keeps a record of actions, motions and creates a summary of each meeting.
Cemetery trustee Giordanella said she thought the training was helpful. “I though it was a nice presentation,” she said.
However, Giordanella said she doesn’t believe her fellow board members took the presentation seriously. “I believe David Rogers is doing everything in his power to work with this board. They (the board) are unworkable, very defiant; they don’t want to go by the law. They are stealing from the citizens of Chowchilla and are stealing from the dead.”
Other members of the cemetery board, however, took issue with Giordanella’s claims. Cemetery trustee Lawson said Giordanella “is a liar” who is “severely mistaken.” Lawson said issues that the board is facing stems from problems with a “disgruntled” former employee.
“The Grand Jury was pretty sloppy and the information they put in (the report) is misleading,” Lawson said. “The presentation was good ... I did get some information from it.”
Kirwin said “according to what they were saying, we’ve been doing the things we are supposed to, there may have been one or two things (wrong), but I think we followed the law as close as we could.”
Kirwin called Giordanella’s claim a “pretty bad accusation.”
“She better have something to back it up. I can assure you there’s no stealing going on, or else I would not be a part of that,” Kirwin said.
In addition to the Brown Act violations and the purchases, the Grand Jury also determined that:
• Curbs, gutters, sidewalks and asphalt are in need of repair for the safety of the public
• Cemetery district is not in compliance with Cal/OSHA requirements
• Employee job descriptions are outdated and do not reflect current employee duties
• Tools and equipment are in need of upgrading and/or replacement
The civil grand jury investigates complaints regarding government agencies and issues reports on its findings. Recommendations are not binding, but government agencies must respond in writing.
To view the full list of the report, visit the County of Madera website at www.madera-county.com.
Read more here: http://www.mercedsunstar.com/2013/12/18/3400232/grand-jury-chowchilla-cemetery.html#storylink=cpy
Thursday, December 19, 2013
William E. Trautman 1941-2013
Bill Trautman, our beloved and revered California Grand Jurors’ Association (CGJA) president (2012-13), unexpectedly passed away on December 9, 2013.
We mourn the death of our friend and leader. At the same time, we celebrate and honor him
and his life, most of which over the past six years he devoted to promoting and
serving the unique grand jury system in California.
As foreperson of the 2007-2008
Napa County Grand Jury, Bill liked to say it was the best grand jury ever. The jury’s final reports described
investigations into 13 topics, such as Farm Worker Housing and Municipal and
County Fire Departments. The reports received
admiration and respect from many in the county. One of the reports won the 2007 CGJA’s Excellence
in Reporting Award, and the Napa
Valley Register won the CGJA’s
2007 Excellence in Reporting Award for its coverage of the 2007-2008
Napa County Grand Jury. Bill then served
a second term as foreperson of the 2008-2009 Napa County Grand
Jury.
This experience hooked Bill into the
mission of the grand jury statewide. He joined
the Napa County CGJA Chapter and became active at the state level. He put his knowledge to work as a trainer of
new jurors. He was the editor of the Grand Jury Law Compendium and chair of
the Legal and Legislative Resources Committee.
He became a CGJA director in 2011 and was elected as CGJA president in
2012.
Bill was an accomplished attorney
who used his acumen and leadership skills to build the statewide organization,
CGJA. He also led the battle against AB
622 in 2012, which would have eviscerated the grand jury system.
Bill received a BA degree in
Economics from the University of California (Berkeley) and an LLB degree from
the University of California (Berkeley) School of Law (Boalt Hall). He practiced law for 42 years handling major
litigation as a partner in three law firms.
Upon retiring, he became a mediator and arbitrator and lectured on
various legal subjects and trial practice for California Continuing Education
at the Bar and various other organizations.
Bill was a Fellow of the American College of Trial Lawyers, past officer
of the San Francisco Barristers’ Club, and a member of the board of directors
of The Bar Association of San Francisco.
He was past president of the Oakland Museum Association, the Boalt Hall
Alumni Association, and the Legal Aid Society of San Francisco. In Napa, Bill was president of the Silverado
Property Owners’ Association; former member of the Napa County General Plan
Update Steering Committee; chair of the Silverado Community Services District
Advisory Committee; and a member of the Napa County Groundwater Resources
Advisory Committee.
The
family will host a Celebration of Life
for Bill January 9, 2014 at 1:00PM at the Claremont
Country Club, 5295 Broadway Terrace, Oakland, CA 94618; Phone:(510)
655-2431
The
CGJA has established a special fund to honor Bill’s leadership and service to the
grand jury system. CGJA will use the
funds collected to promote and support this unique system. Contributions may be made to the CGJA, a
501(c)(3) public benefit corporation by clicking on the Donate button.
In the Personal Message space in the final screen, please state that that
your contribution is to go to the William Trautman Memorial Fund. Checks may be sent to: William
Trautman Memorial Fund, 5645 Dartford Way, San Diego CA 92120
Alameda County rejects grand jury report criticizing real estate deal
By Matt O'Brien
Posted: 12/17/2013 05:00:27 PM PST | Updated: a day ago
OAKLAND -- Alameda County officials are rejecting the accusations of a civil grand jury that found "complete lack of transparency" and "systemic failures" in the negotiations to build and buy a pricey new social services office.
A private developer built a new headquarters for the Alameda County Social Services Agency on a street corner in Oakland's fast-changing Uptown District, then sold the building to the county for $50.8 million two years ago.
The no-bid transactions raised red flags and might not have been in the public's best interest, an Alameda County grand jury declared this summer. County supervisors disagreed with the stinging conclusions in a formal response Tuesday.
Also upset by the grand jury report is developer Alan Dones, who said Tuesday his San Pablo Avenue project was cost-effective and a great success.
"Were it not for all of these sad, unfortunate attacks, I think this building would be one of the outstanding stories of our community," said Dones, managing partner at Oakland-based Strategic Urban Development Alliance. "It's a building that has so much quality and value."
Dones, who is African-American, also speculated that the complaints that sparked the grand jury investigation had racial undertones. When the development broke ground in 2004, it was celebrated as the largest black-led construction project in Oakland's history.
But it began attracting public scrutiny when a high-ranking county real estate official, C. Candace Fitzgerald, filed a whistle-blower lawsuit in 2006 claiming the county was wasting taxpayer money on a bad deal. That lawsuit was dismissed, but Dones said the project's legacy has been saddled with "vicious, defamatory attacks. Discrimination by defamation. It's very effective."
Asked to investigate, a 19-member civil grand jury last year began poring through thousands of county documents and interviewing officials who had been involved in the negotiations. The jury's conclusion was that the county ignored best industry practices, allowed the negotiations to be "wrestled away from ... real estate experts and into more political hands," and bought the building "without appropriate public discussion."
After securing a deal, with no competitive bidding, to build the 100,000-square-foot social welfare office, developers in 2004 tore down the abandoned Hotel Royal and the old Oakland Post newspaper building at the corner of San Pablo Avenue and 20th Street. They also paved the way for an adjacent condominium complex that would share parking spaces with the new county office.
That later led to internal wrangling within the county over whether bond proceeds were being used to subsidize the residential development, which later went into foreclosure.
The county signed a 30-year lease to use the San Pablo Avenue building and agreed to pay all utilities, taxes and maintenance. The county years later realized it was exempt from property taxes because it was a social services building, but had trouble working with the owner to get reimbursed, according to the grand jury.
That and other concerns led the county to begin negotiating to buy the property, which it did in 2011 for $50.7 million -- a pre-market-crash price for a building appraised at $24.1 million. The county also raised the grand jury's eyebrows by leaving the original owner with control over the storefront retail space, rooftop solar panels and many of the garage spaces.
The grand jury reported it was "concerned that the county may have purchased 2000 San Pablo Avenue, in part, to ensure that the developer would not fail financially."
Since county real estate transactions are usually handled by the Alameda County General Services Agency, the grand jury questioned why the San Pablo Avenue purchase was instead overseen by Assistant County Administrator Donna Linton. County officials responded Tuesday that it is normal for the county administrator's office to intervene in complex negotiations that involve county finances. The Board of Supervisors also asserted in the letter it approved Tuesday that the negotiations followed best practices and that the public was properly notified, though it conceded that supervisors could be given more information about the pros and cons of a purchase before they vote on it.
Dones said many of the grand jury's concerns might have been cleared up had they bothered to give him a call. "I didn't even know an investigation was going on until this report came out," Dones said. "I was shocked by it. How can you conduct a legitimate, sound investigation when one of the key subjects of the investigation is not even contacted to give their side of the story?"
Matt O'Brien covers Alameda County. Contact him at 510-208-6429.
Wednesday, December 11, 2013
The lesson of Bell: A watchful citizenry is still crucial
The Bell corruption scandal
Former Bell Assistant City Manager Angela Spaccia, and her
attorney Harland Braun sit in court in Los Angeles. Spaccia was convicted of
corruption Monday in a case that drove the city of Bell to the brink of
bankruptcy. (Associated Press / December 9, 2013)
By The Times editorial board
December 11, 2013
The conviction this week of former Assistant City Manager
Angela Spaccia for plundering the small working-class city of Bell to enrich
herself — along with former City Manager Robert Rizzo's plea to 69 similar
charges in October — closes one of the final chapters in the long-running
graft-and-corruption scandal. The two masterminds now face sentences of up to
12 years in prison.
Spaccia was found guilty of 11 felony counts Monday,
including misappropriation of public funds, conflict of interest and concealing
public documents. During the 4 1/2-week trial, prosecutors and witnesses
detailed how she and Rizzo managed to siphon more and more money from public
coffers.
Spaccia, for example, was paid for a full 18 months when she
wasn't working; she didn't use a single sick day or vacation day. Rizzo and
Spaccia also awarded themselves 33 hours of vacation time every two weeks. They
buried their total compensation in various reports and documents, making it
extremely difficult for anyone to figure out how much they were earning. By the
end of his time in Bell, Rizzo earned $1.18 million a year in salary, vacation
and sick leave payouts. Spaccia earned $564,000 annually.
It's satisfying to see Rizzo and Spaccia pay for their greed
and their disregard for the common good. But justice isn't enough. Bell fell
prey to these thieves because government stopped answering to the public, and
because an apathetic public failed to question the government. As Rizzo and
Spaccia go off to prison, it's important to ask: Have we learned the lessons of
Bell? And have we made the changes necessary to prevent another such scandal?
There was a flurry of legislation passed after The Times
exposed the corruption in Bell. Former Gov. Arnold Schwarzenegger and Gov.
Jerry Brown signed off on more than a dozen changes to state law. Among other
things, they created an agency within the state auditor's office to scrutinize
cities, counties or special districts at high risk of waste, fraud or abuse;
enacted restrictions on automatic raises for managers; required CalPERS, the
state retirement system, to monitor for excessive salary increases; and
required employees to repay paid leave or settlements if convicted of a crime
related to his or her job.
State Controller John Chiang ordered cities, counties and
special districts to regularly report payroll data, and his office created a
government compensation database that has gotten near 7 million hits since
2010. And the city of Bell has begun airing council meetings live on its
website, as well as posting financial data, vendor contracts and other public
documents online.
http://www.latimes.com/opinion/editorials/la-ed-bell-trial-20131211,0,3004401.story#ixzz2nDCIzuQK
Thursday, December 5, 2013
Jim Mayer and Neil McCormick: Boosting access to data
From the Orange County Register, December 3, 2013
By JIM MAYER and NEIL MCCORMICK
Californians receive many of their core local services from special districts – including drinking water, sanitation, fire protection and parks and recreation. These districts abide by countless state mandates which consist of the Brown and Public Records Acts, as well as ethics laws, financial audits and reports.
But where can Californians go to easily access meaningful data on these and other local agencies? Individual districts and the State Controller have made commendable efforts to increase public awareness of district finances. However, much of this data exists in complex public budget documents or thick reports aggregating information from throughout the state.
This data is supplemented by information on the services provided by each special district and the nature of district budgeting and fiscal responsibility. Additionally, the portal is linked to California Special Districts Association's GIS project, “Putting Special Districts on the Map,” which allows users to map the locations of the districts throughout the state.
Why is this important?
Public financial information – revenue and expenditures – reflect priorities and values. Spending authority is a powerful tool to advance critical public goals in health, education, public safety and economic development. From the public's perspective, the value of these services is determined by linking the cost of each service to its benefit. The special district portal is a shortcut to finding key information, and is a gateway to learning more about important service providers. Moreover, the project highlights the best transparency practices being developed in diverse communities across the state.
One challenge is the various features of the local services that special districts provide, and how they are funded. For this reason, the new portal includes glossaries and background information, connecting the data to the context, helping citizens understand the activities of each district. In addition, individual special districts can submit supplementary details on their specific strengths, constraints and objectives. We hope to expand this project to include even more information.
Our efforts build upon the pro-active steps of other organizations. In 2013, the Special District Leadership Foundation launched the District Transparency Certificate of Excellence, a program that empowers and motivates special districts to implement more transparent practices. The program redefines transparency as a value necessary to an organization's overall performance and recognizes agencies that make positive changes.
Local agencies are seeing increased responsibilities for delivering essential local services and Californians will naturally want more information on how those services are delivered. The next step is up to you.
Jim Mayer is president and CEO of California Forward. Neil McCormick is executive director of California Special Districts Association.
Monday, November 25, 2013
Council expected to admonish mayor, send issue to (San Joaquin county) grand jury
November 23, 2013 9:00 AM
STOCKTON – The City Council is expected to publicly admonish Mayor Anthony Silva for prematurely releasing the name of a city manager candidate.
The council also wants to send an account of his actions to the county’s civil grand jury, saying his derailed the hiring process and embarrassed Stockton, a city report said Friday.
On direction from the council in closed session Tuesday, City Attorney John Luebberke drew up the two-pronged punishment, accusing him of a Brown Act violation. The City Council will vote on the action Dec. 3.
The unusual measure stems from Silva's behavior Nov. 5 when the mayor released to the media the name of Coachella City Manager David Garcia before confidential contract negotiations had concluded. The leak created confusion and Garcia backed out, Luebberke’s report says.
Earlier this week, Silva publicly threatened to take legal action against Luebberke if he tried to keep him from exercising his right as mayor to lead the city manager search.
http://www.recordnet.com/apps/pbcs.dll/article?AID=/20131123/A_NEWS/131129960
STOCKTON – The City Council is expected to publicly admonish Mayor Anthony Silva for prematurely releasing the name of a city manager candidate.
The council also wants to send an account of his actions to the county’s civil grand jury, saying his derailed the hiring process and embarrassed Stockton, a city report said Friday.
On direction from the council in closed session Tuesday, City Attorney John Luebberke drew up the two-pronged punishment, accusing him of a Brown Act violation. The City Council will vote on the action Dec. 3.
The unusual measure stems from Silva's behavior Nov. 5 when the mayor released to the media the name of Coachella City Manager David Garcia before confidential contract negotiations had concluded. The leak created confusion and Garcia backed out, Luebberke’s report says.
Earlier this week, Silva publicly threatened to take legal action against Luebberke if he tried to keep him from exercising his right as mayor to lead the city manager search.
http://www.recordnet.com/apps/pbcs.dll/article?AID=/20131123/A_NEWS/131129960
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