1 999- 2000

MONO COUNTY

GRAND JURY

Final Report

INTRODUCTION

F1naRl ep> FrtI ling~ . . . . . . . . . . . . . . .. ii

Foreman'sL ettert o PresidingJ udge. . . . . . . .. ill

Foreman'sS tatementot Citizens. iv

In1r. oductioton t heG randJ ury. . . . . . . . . . . .. v

GrandJury& Staff vi

Grand Jury Photo. . . . . . . . . . . . . . . . . . . . .

Grand Jury

Citizen

COMMI1TEE REPORTS

Administrative, A\ XIit & Finance. . . . . . . . . . . .

Building, Planning & Environment. . . . . . . . . .

Education. . . . . . . . . . . . . . . . . . . . . . . . . .

HeaIth& HumanServices..

Parks, Recreation& Public Works

Fire & Water

Mammoth Lakes, Town of

MammothIY~ mi te Airport

TABLE OF CONTENTS

VII

Committees viii

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Complainm . . . . . . . . . . . .

2

4

5

6

8

9

Special Legislative Districts

11

13

15

Cover Illustration by George Todd

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IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

RE:

Grand Jury

cause appearing, the Court hereby orders the 1999- 2000

Final Report filed.

this -~ Q- day

27

28

-~ -

Gran

IN AND FOR THE COUNTY OF MONO

GENERAL ORDER

of June, 2000.

of Court

ii

To: Edward Forstenzer

Presiding Judge of the Superior Court

I wish to thank you for the privilege of serving on the 1999- 200) Mono County Grand Jury

and for aplX> intingm e as foreman. I t hasb eena n invaluablep ersonale xperience.

I want to thank you publicly for the fine and diverse group of citizens you em~ eled to serve

on this grandj ury. All membersw ere activea nd thoughtful as they perfOfDledth eir duties. They

are a credit to the county and to the grand jury process.

C. D. Ritter, who serveda s secretaryto d1e1 999- 2( XXG) randJ ury, worked above and beyond

d1eC .' aollf duty to carry out her functions. The grandj ury could not have run as smoothly without

her help.

I wish to thank you personally for your willingness to m~ t with me to discuss grand jury

matters. I t is apparento me that you valuet he grandj ury processa nd are always ready to provide

assistance.

The grand jury wishes to thank District Attorney George Booth and his staff for their

willingness to assist this grand jury. County Counsel Marshall Rudolph and his staff were called

upon several times to render opinions and provide infonnation as well. Those efforts were

appreciated.

il)~ Martin C. Andrews, Foreman

MonoC ountyG randJ ury 1999- 2< XX>

COUNTY OF MONO

GRAND JURY

P. O. B ox0 37 . M amfrothL akesC. A9 3546

June 30. 2< XX>

m

To: Citizens of Mono County

The grandju ry processin Mono County. C alifornia, i s alive and well as we enterd 1en ew

millennium. The 1999- 2< XXG> r andJ ury hasp rovedt o be a diversea nd conscientiougsr oup of

citizensc ommittedto servingth eirc ounty. I t hasb eena pleasurteo servew ith them.

The function of the grandj wy is to help ensuret hat governmentael ntitiesw ithin Mono County

are serving the interest of the citizens. Government, by its very nature and if left unchecked,

becomess elf- serving and self- perpetuatingT. he grand jury is one tool available to thwart this

natural tendency.

The gland jury serves its public- watchdog function in dJe ahgence of political pressure. The

tenDSo f its membersa re predefineda nd without tenure. T he membersa re from all walks of life,

have varying ages, and are drawn from all areas within dJe county. The gland jury's investigations

and deliberations are held confidentially behind closed doors. Without compensation, other than

reimbursemenfto r direct expensesd, Jem embersv olunteert heir time for an entire year to carry out

their duties. In this rather anonymous fashion they serve for ~ good of their community. The

members of this grand jury should be proud of their contributions to the process.

America is constitutionally designed to operate with three branches of government the

executive, t he judicial and the legislative. They are completew ith checks and OOlanceosn each

other. A new branch of government is emerging, especially on a federal level. That branch could

be refen'ed to as the regulatory branch. This trend appears contrddictory to the Constitution. Its

effects bear watching by future grand juries.

I encouragee very citizent o takep u1 in the grandj ury process. J urors seeg overnmentin action

from an interestingp erspectiveC. ontactt he Mono County SuperiorC ourt or one of d1eju dges and

express your willingness to serve. You will be glad you did.

COUNTYO F MONO

GRAND JURY

P. O. Box KJ37 . MatmlOth Lakes. CA 93546

June 3D, 2( XX)

iv

INTRODUCTION TO THE GRAND JURY

Shrouded in secrecy, the functions of a gland jury are

summary desai~ what a grand jury is and does.

The grand jury system dates OOck to 12th century EnglaDd during the reign of Henry II.

Twelve " good and lawful men" were- assembled- iena chV illaget o investigatea nyones ~ ted of

crimes. The jurors passedju dgment basedo n what they themselvesk new about a defendanta nd

the circumstances of the case. It was believed that neighbors and associates were the m~ t

competento render a fair verdict. By the end of the 17th century, the principle that jurors must

reacha verdict solely on the basiso f evidencew as established, a nd dJatp racticec ontinuest oday.

Although California Supreme Court decisions have curtailed the historical criminal indictment

function, the grand jury still serves as an inquisitorial and investigative body functioning as a

" watchdog" over regional government

The Mono County grand jury is a civil grand jury and is not charged widt the responsibility for

criminal indictments except in die case of elected or appointed county officials. The primary

function of the grand jury, and die main reason for its existence, is the examination of county and

city government, including special legislative districts. The grand jury seeks to assure that there is

honest, efficient and effective government in die best interest of the citizenry. It reviews and

evaluates procedures, methods and systems used by governmental agencies to detennine

compliance widt dteir own stated objectives and to ensure dJat government lives up to its

responsibilitiesa nd doesn ot exceedi ts authority.

The grand jury responds to citizen complaints and investigates alleged deficiencies or

improprieties in government In addition, it investigates die county's finances, facilities and

programs. T he grandj ury can not investigated isputesb etweenp rivate citizens or matters under

litigation. Jurorsa re sworn to secrecya, nda ll citizen complaintsa. re treatedi n strict confidence.

The Mono County grand jury is a volunteer body of 19 citizens from all walks of life

throughout the county. Unlike jurors randomly selected to serve for a trial, grand jurors are

nominated, primarily by the judicial system, to serve a year- long term beginning July 1. The

selection is based upon their concern for a better society and ability to be fair and impartial. Jurors

are eligible to serve two consecutivete rms, widt the holdovers providing continuity for lengthy

investigations. O randj urors are reimbursedm ileagea nd paid $ 10 per meeting.

One of the majoc goals of a grand jury is the assembling and publication of its Final Report at

the mandatede nd- of- termd ateo f June 30. This documenti s the product of concentratedg roup

effort and containsr ecommendationfso r improving various aspectso f governmentalo perations.

When completed, die Final Report is submitted to die presiding judge of ~ Superior Court. Mter

releaseb y the court, it is directedf irst to county agenciesf or review, then to the communications

media. The Final Report is a matter of public record, kept on file at the county clerk's office.

not widely known. The following

v

Martin Andrews

Benton

FJIenBartlett

Hammil VaUey

MaIy J 0 Bauer

Mammoth lilkes

Ddn Bryant

Bridgeport

Jim Dodson

PtD'adisEe s1ates

John Eatoo

Crowley lilke

Foreman

Martin Andrews

Foreman Pro Tem

Gerard Oliveira

Edward Forstenzer

Presiding Judge of

the Superior Court

Christiana Darlington

Deputy County Counsel

GRAND JURY & STAFF

JURORS

Too Engstrom Don Mooneyham

Bridgeport Coleville

Mark Newgard

Mammoth Lakes

Susan Jensen

Chalfant Valley

Raymond Johnson

Coleville

Gerard Oliveim

Mammoth Lakes

Bret Paulson

Crowley Lake

C. D. Ritter

Mammoth Lakes

E. L. Maner

Mammoth Lakes

Paul McCahon

June Lake

Kent Stoddard

Bridgeport

RESIGNED JURORS

DianaT oomey DanW right

JuneL ake MammothL akes

OFFICERS

Secretary

C. D. Ritter

Sergeant- at- A

Ted Engstrom

rms

Assistant Secretary

Susan Jensen

ADVISORS

George Booth

District Attorney

MaIShall Rudolph

County Counsel

Stacey Simon

Deputy County Counsel

'"

Bob Dennis

Court Executive Officer

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GRAND JURY COMMITwTEES

AD MINlSTRAn VE, AUDIT & FINANCE

Mark Newgard. Chair

Martin Andrews. John Eaton

- -- ~

BuaDING, PLANNING & ENVIRONMENT

SlUan Jensen, Chair

Raymond Johnson. Mark Newgard

EDUCAnON

Kent Stoddard, Chair

81en Bardett . Dan Bryant

DonM ooneyhamB. retP aulson

LA W & JUSTICE

Don Mooneyham, Chair

Ted Engstrom. Paul McCahon

C. D. Ritter. Kent Stoddard

PARKS, RECREA nON & PUBLIC WORKS

Bret Pauhon. Chair

Oernrd Oliveira

SPECIAL LEGISLATIVE DISTRICTS

FIRE & WATER

Jim Dodson, Chair

Susan Jensen. Paul McCahon

EXECUTIVE & HANDBOOK

Martin Andrews, Chair

John Eaton . C. D. Ritter

HEALTH & SOCIAL SERVIC~

John Eaton, Chair

FlieD Bartlett. Ted Engstrom

MAMMOTH LAKES, TOWN OF

Gerard Oliveira, Chair

Mary Jo Bauer. E. L. Maner

Mark Newgard

MAMMOTH/ YOSEMITE AIRPORT

EL. Maner. Chair

Jim Dodson . Raymond Johnson

Mark Newgard. Gerard Oliveira

viii

An important function of a grand jury is to respond to legitimate citizen complaints, submitted

in writing and signed. If a complaintf alls widtin the grandj ury's purview, the foremand elegatesit

to the chair of an establishedg randj ury ccmmi~ or to a legal advisor. The complaint then is

reviewed for ~ sible further action. Final resolution of a complaint is reviewed by the entire jury.

-~ Any citizen who thinks a concernW aITantisn vestigationb y the grandj ury can send a signed

complaint to: Mono County Grand Jury, P. O. Box 1037, Mammoth Lakes, CA 93546.

cr the following complaintsr equestingin vestigationa nd interventionb y the 1999- 2< XX> Grand

Jury, two were detennined to require no further action, and five were deemed beyond its

jurisdiction and authority:

99- 01 Allegedi llegal surveillanceo f privater esidtnces, b usinessesa nd vehicles

99- 02 A, B Concernsa boutt he relationshipb etweent he Town of MammothL akesa nd

99- 03 the developmenat nd operationo f the Mammoth/ Y~ te airport

99- 04

99- 05 Responseb y complainantto findings of Law & Justicec cmmitteeo f 1.998- 99

Orand Jury

Allegedi nadequatere sponseto complaintb y 1.998- 99O randJ ury

Allegedo ut- of- stater esidenceb y a director sitting on die ~ of die

Mammoth Community Water District

Alleged abuse of ~ ition on die Mammoth Community Water District ~

of directors

Alleged discrimination in hiring county building official

Alleged discriminatory county health care policy

Allegede mploymendt iscriminationin hiring district maintenancesu pervisor

Allegede mploymendt iscriminationi n hiring district maintenancesu pervisor

Alleged refusal to follow court order issued to Mono County by California

DelBl'tlDenot f SocialS ervices

Allegedd enialo f renefits and perceivedm istreatmenbt y Social Services

DeJEI1menpte rsonnel

Alleged failure of visiting judge adjudicating a l< al case to file an mth of

office in Mono County.

99- 06

99- 07 A

99- O7B

99- 08

99-( 1)

99- 10 A, S, C

99- 11

99- 12 A

99- 12 B

99- 13

CITIZEN COMPLAINTS

ix

COMM TTEE EPORTS

ADMINISTRADVE, AUDIT & FINANCE COM: MIrIYI't; E

BACKGROUND

An audit review is a

Mono County has not performed financial functions well for several years, according to

outside auditors. Recommended improvemenm and practices have gone unheeded and

unimplementedA. generaal nd casuald isregardf or taxpayerm oneyw as apparent hroughout much

of county government

The 1998- 99 Grand Jury recommendeds trong actions to aeate better financial management

and controls within the county. These actions included the recommendations to modify the

county's organizationc harta nd strengthenth e authority of the county administrativeo fficer.

FINDINGS

1. The audit report is much improved over past year's. Most all recommendationsh ave been

implemented. S omed epartments eemt o resistt he changesb, ut generallyt hey are complying.

2. The eff~ of a " strong" CAD, with non- elected de~ ent heads responsible directly to

that person, is m~ t apJmrent It has resulted in a refreshing change in the audit report Many

deficienciest hat appearedy eart o yearh aveb eenc orrected. T he problemsd etailedi n the draft audit

haveb eens wiftly and effectivelym anagedin m~ t instances. S ome deparlments, h owever, appear

unable or unwilling to accept change and guidance.

3. Staffing and training in the auditor- controller'so ffice remainsa problem. T he de~ ent is

unablet o attracte noughq ualified and trainede mployeesin the Bridgeporto ffice.

4. The much- improved audit report seems to be a product of county management There is the

possibility that part of the improvement results from a change in auditing finns.

5. The present CAO has a desire to improve d1e personnel evaluation procedure. This is a

professional approoch toward a positive and potentially COff~ ve pnldice of letting employees

know where they stand, what they have done in the past, and how to pian for the future.

RECOMMENDA nONS

1. It is strongly recommendetdh at ~ CAO maintainv igilance to ensured 1att he de~ ents

do not fall back into previous accounting practices.

2. Consideration should be given to splitting the auditor- controller office between Bridgeport

and Mammoth Lakest o gain accessto the larger pool of qualified peoplei n the Mammoth area.

Mark Newgard, Chair

Martin Andrews

John Eaton

mandatoryfunctionof the grand jury .

2

3. The. C AO shouldf ollow througho n developinga personneel valuationp rogramf or all

county emplOyees.

4. Future grand juries should review the Town of Mammoth Lakes audit report.

3

BuaDING, PLANNING & ENVIRONMENT COMMI" lYl'EE

BACKGROUND

The Building, Planning and Environment

complaint ( 99- 08) expressed concern widt the hiring practices of the building

complaint was referred to the Mono County district attorney's office for

The district attorney's office found no evidence of impro~ r hiring practices,

RECOMMENDA nONS

No recommendations.

Sw- an Jensen, Chair

Mary Jo Bauer

Raymond Johnson

Mark Newgard

committee receivedo ne complaintd uring this tenD.

and the matter

4

BACKGROUND

The Education committee received no letters of complaint during this tenD.

The committee followed up ongoing concerns of d1e 1998- 99 Orand Jury regarding

implementationo f schools afetyp lans, a nd variouso perationso f the county library system.

flNDINGS

1. Individual safety plans from each Eastern SielTa Unified School District school site were

received from the office of the superintendent These reports will be maintained by the grand jury

for reference as needed.

2. The inadequate Small Ubrary Management System's ( SUMS) automated circulation

system that was being used by the Coleville branch library is in the process of being replaced by

the Data Research Associates' ( DRA) automated circulation system due to installation of the

Internet Several computers at the facility are hooked up to the DRA system and full

implementationis expectedd uring the summero f 2000. The l~ k of good DRA training materials

for 1cx: au1s e is still a concern, a nd an effort to obtain such materialsi s cunently in the planning

stages.

3. The entire county library system is now being administered by a full- time, qualified oounty

librarian, whereas in the past libraries had been handled by regional librarians.

RECOMMENDA nONS

No recommendations.

EDUCADON COMMI'l~ l'~ E

Kent Stoddard, Chair

Fllen Bartlett

Dan Bryant

Don Mooneyham

Bret Paulson

the

5

HEALTH & HUMAN SERVICES CO~ I'l. l'EE

BACKGROUND

The Health and Human Services committee received three complaints during this teIm:

1. A letter of complaint ( 99- 12) was received from a June Lake resident relX> rting problems

with the Mono County De~ t of Social Services in obtaining food stamps. Originally the

letter was sent to Supervisor Joann Ronci, then refen'ed to the grand jury.

The chief investigator in the district attorney's office was asked to investigate the matter. The

complainantw as interviewedf irst. Subsequenitn terviews were conductedw ith dIe following: a

confidentiali nformant representingth e Mono County health department, the COO of Mammoth

Hospital, a representativeo f the Healthy Family Dental Clinic, and the director and staff of the

Department of Social Services.

The extensivei nterviews were occasionedb y perceptionso n the put of the complainanta nd

others that the DelJlrtment of Social Services was not providing benefits appropriately and that

applicantsw ere treatedi n a demeaninga nd discourteousm anner.

The committeeh eld a follow- up meetingw ith dIe directoro f the DelJlI'tmenot f Social Services.

2. A letter to the editor of dIe Manunoth Times newspaper described concerns about the

Bridgeport Medical Oinic and its handling of medical costs andbilling.

3. A letter of complaint ( 99- 13) alleged a problem with the qualification of a visiting judge.

ANDINGS

1. The complainant's problems ( 99- 12 A, B) stemmed primarily from an apparent inability to

understandre gulationsi n d1ew elfare systema s to allowablea ssetsb efore assistancec an be given.

The problem revolved around assets that were not in the diroct control of d1e complainant but to

which she had legal access. F eelings of resentmenmt ight oot have been met with a degreeo f

understandingo ne might hope to see in a public agency, but the department~ in a manner

wholly consistent with existing regulations.

This complaint unearthed other allegations and impressions of unsym} Bthetic treatment of

clients by d1eD e~ ent of Social Services. T here is very little docUDlentationb. ut there is a

pervasive feeling of such, particularly among the Hispanic population.

The department head has been aware of these problems of perception and bas taken several

steps toward improvement In- house training and outside instruction have been instituted. A

significant handicap is the relatively low { BY offered social service employees. There is also a

recognizedn eedf or increasedc ommunicationn ot only with I: JQtentiaclii ents but the community as

a whole. Incentive shouldb e offered for bilingual, Spanish- speakinsgt aff.

John Eaton, Chair

Bien Bartlett

Ted Fngstrom

6

2. The letter to the editor noted above is a matter for the county administrative officer and the

board of supervisorsn, ot the grandj ury.

3. Complaint9 9- 13 was researchedb y d1ec ounty counsel's office, which detenninedd Jata ll

judges, including visiting judges, have satisfiedd 1er equirementso f oo, tho f office to sit in Mono

County.

RECOMMENDA nONS

1. TheD e~ ent of SocialS ervicecsa nb ec ommendefdo r its effortst o improves ervice.

2. TheD e~ ent of SocialS ervicesn eedss trongers upportf rom ~ bcmrdo f supervisors,

primarily in providing a } BY scale on JBf with that offered in locations from which our county

hires. Bilingual skills should be rewarded with additional pay.

7

LAW & JUSTICE COMMI'lwl'EE

BACKGROUND

TheL aw andJ usticec ommitte~ ev ed no letterso f complaindt uringt his tenD.

The ccmmitteein spectedth ec ountyj ail and probationd e~ ent for fire and safety. O ther

jurorsj oinedt hec ommitteeto ins~ t thej ail's entiref acility asw ell.

No contacwt asm adew ith theM ammothL akesP oliceD epu" bnendtu ringt his tenD.

FINDINGS

The inspectionsf ound thej ail and probationd epartmenta, s well as administrativeo ffices, to be

in very good condition, clean, w ell manageda nd adequatelys taffed. The sheriff's de~ ent has

the equipmentt o mootc ounty needsi n m~ t situations. Q le of its challengesis operatingi n a large,

diverse geographic area. The sheriff's span of control, which encom~ the entire 125- mile

lengtho f Mono County, sometimesd ictatest hat he rely on officers to ~ on their own initiative,

abilities and paste xperienceo r training without the help of backupo r supervisora ssistance.

Mono County has unique problems d1at other California counties do not share. For example,

rural residents and city visitors sometimes have different kinds of requests. Sheriff's personnel

also must plan and train for potential emergency scenari~ such as avalanches, extreme winter

storms, floods and earthquake threats. They must ~ for when, not if, such emergencies

occur. The sheriff's deparbnenht as addressedth esei nevitables ituations with contingency plans

and equipmenti n a professionaml anner.

RECOMMENDA nONS

1. The extra responsibilitiesa ssumedb y the sheriff's departmendt ue to Mono County's vast

geographics ize mayj ustify approvalo f requestsf or OOditionaelq uipmenta nd personnel.

2. Future grand juries should ~ t with the Mammoth Lakes Police De}: mtmento address its

operational needs.

3. A jail facility in Mammoth Lakes isn't advisable at this time ~ se of stiff state

requirements. Also, a shift of ~ present operations from Bridgeport to Mammod1 Lakes would

incur beyond- reasonablceo stst o the county and the. t own, about $ 10 million accordingt o Sheriff

Dan Paranick.

4. Next year's grand jwy should obtain from ooth law enforcement agencies in the county

written procedures for handling citizen complaints as per California Penal Code Section 832.5,

which is requiredo f all agenciesth at employ peaceo fficers.

8

Don Mooneyham, Chair

Ted Engstrom

Paul McCahon

C. D. Ritter

Kent St< x1dard

PARKS, RECREATION & PUBLIC WORKS COMMI'lTl'EE

BACKGROUND

The Parks, Recreationa nd Public Works committeer eceivedf our complaintsd uring this tenD.

The letters of complaint ( 99- 10 A, B, C and 99- 11) pertained to d1e selection process in hiring

the maintenances upervisoro f the Mono County public works de} Ertlnent

FINDINGS

Upon investigation, t he committeele arnedt hat Mono County was working directly with ~

# 39, the union representingc ounty employeeso, n this matter. The grievancesr egardingt he hiring

of the public works maintenances upervisorw ere ~ lved.

RECOMMENDA nONS

No recommendations.

Bret Paulson, Chair

Gerard Oliveira

9

SPECIAL LEGISLATIVE DISTRICTS

10

BACKGROUND

The Fire and Water canmittee received two letters during this tenn:

1. A letter of inquiry ( 99- 07 A) asked how Kim Whitesides could remain on the

directors of the Mammoth Commtmity Water District while not residing within the district

2. A letter of complaint ( 99- 07 B) alleged abuse of ~ ition by Director Kim Whitesides on

the Mammoth CommunityW aterD istrict boo. rdth rougha numbero f describedb ehaviors.

FINDINGS

1. The office of county counsel was asked to provide an opinion on residency requirements

for MCWD boord members. The opinion states, " In order to serve on the boord of the Mammoth

Community Water District, an individual must be a ' voter' of the district and be a ' resident' of the

district, which meanst hat the individual maintainsa residencew ithin the district; the individual has

the intent to maket hat residenceh is or her permanenht ome; a nd there are objective indications that

support that intent" The grand jwy forwarded this information to the water district's boord of

directors.

2. An investigation conducted by the water district nuKie the following findings relevant to

county counsel's opinion:

a. Whitesidesi s a registeredv oter in MammothL akes..

b. Whitesidesh as declaredit is his intentionf or MammothL akest o be his residence.

c. Whitesides and his family do not live in Mammoth Lakes; his family presently resides

in San Luis Obispo.

d. Whitesides does not use a MammothLakes address as his home address, and in f~

listed his San Luis Obispo address earlier this year on an application for MCWD's new bealdt

insurance benefit program.

e. Whitesidesh asa " primary residence" t ax ratei n effect on property l~~ in Utah, and

there is no homeowner's exemption on file for any of his Mammodt Lakes properties.

f. Whitesides' improved properties within the water district have been eidter listed as

rental property and are, or have been, rented to third parties.

g. Whitesides has stated he has vehicles registered at his San Luis Obispo address. At

least one of his vehicles has been reported to have Ulah license plates.

3. The district attorneyw as askedt o investigateth e improprietiesa llegedi n the complaint The

investigation revealed some arguably inappropriate activities, such as storing personal business

equipment at MCWD's storage site and making various requests of a personal business nature

which were not related to proper water district business.

FIRE & WATER CO: MMI" lYl', EE

Jim Dodson, Chair

Susan Jensen

Paul McCahon

board of

11

RECOMMENDA nONS

1. Although Whitesides is a registered voter of Mammoth Lakes, it is clear that he is not a

resident He does not maintaina residencew ithin the community, and though he has declareda

subjective intent to make Mammoth Lakes his residence, the objective indications do not support

that stated intent In fact, they overwhelmingly indicate otherwise, particularly since the director

moved from Mammoth Lakes in 1996 and stated at that time it was his intent to return. After three

and a half years he has not done so.

2. Because Whitesides is not a resident of ~ water district, he is not eligible to serve as a

director of the MCWD. In fact, his ~ ition on ~ boo, rdis , and has been, vacant ever since he

relinquished his eligibility.

3. The remainingm emberos f d1eb oo, rds houldd eclareth e ~ ition " vacant" a nd appointa

new director to servet he remainingt erm of the VS1L:~ pt~ o sition.

12

TOWN OF MAMMOm LAKES COMMrlwl'EE

BACKGROUND

The Town of MammothL akesc ommitteere ceivedo ne complaintd uring this tenD.

The letter of complaint ( 99- 06) expressed disagreement with the 1998- 99 Grand Jury's

conclusions regarding allegations the complainant had made against then Town Manager Tracy

Fuller.

FINDINGS

The allegationsa nd Fuller's responsesa rea s follows:

AlLEGATION:

The town has inadequatef inancial controls in place; certain discrepanciese xist betweent he

town manager'so ral reJX> rtas nd town council minutes; the town managerh as charged certain

expendituresa gainsta different fund than that authorizedb y the town council; and errors exist in

certainb udgetso r reJX> rts.

RESPONSE:

Fuller disagreed with the allegations, and supported her ~ ition by providing a copy of the

most recenta uditso f ~ town, which indicated~ financial controls are adequate, a nd ~ books

and records are accurate. She presented a detailed description of the town's financial control

system, w hich appearede ntirely reasonable.

All. EGA TION:

The town manager has failed to provide monthly status reports to the town council as required.

RESPONSE:

Fuller said monthly reports indeed had been produced and provided to the town clerk's

assistant Some of these monthly reports, however, had not been provided to town council

members. Mter her departure from ~ town, Fuller gave copies of what she said were monthly

reports to the town council dated Q: t 31, 1998, through March 31, 1999. These reports were

" number crunching" at best

All. EGA TI ON:

The town manageru sesi ntimidationt o squelcha ny challengeto her authority.

RESPONSE:

Fuller deniedt he accusation, s ayings hew as a demanding, r esults- orientedm anager, a nd some

employeesm ay haver esentedh er style.

Gerard Oliveira, Chair

Mary 10 Bauer

E. L Maner

Mark Newgard

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AU. EGATION:

The town manageris in breacho f her contracta nd is " either incompetenot r insubordinate."

RESPONSE:

Fuller dismissed this allegation.

At d1e time of d1e interview Fuller believed she had the support of a majority of d1e town

council. The committee believes Fuller was cleared of any wrongdoing.

The ammittee attended numerous town council meetings throughout the year, and thanks d1e

council as a whole for the effort it has put forth in serving the community.

RECOMMENDA nONS

1. The town council is responsible for hiring the town manager. Any change can be effected

by a simple majority vote, an action which council recently took.

2. The next town managecr ould benefit greatly from an

perfonnance. Criteria may include stated objectives put forth

mond1lyr eJX> rtws hich include currentf Inancial infonnation,

possible time line for future critical decisions.

3. Input from town departmenht eadsw ould be invaluablein hiring the next town manager.

4. Town council should considet: 1) M~ ting w~ kIy instead of biweekly, thereby giving

council members more time to consider the issues faced, and 2) increasing salaries of council

members to match what county supervisors earn. Perhaps with additional time and compensation,

the council could spend more time on pressing issues facing the town.

S. Although differing viewpoints among council members will always surface, it is hoped that

personal differences will be put aside once council votes on an issue.

annual or biannual evaluation of job

by town council and more- detailed

previous town council actions and a

14

MAMMODI/ YOSEWTE AIRPORT CO: M: MfiTl'EE

BACKGROUND

The Mammoth/ Y osemite Airport ammittee received four complaints during this tem1.

The letters of complaint ( 99- 02 A & B. 99- 03 and to

relationship between the Town of Mammoth Lakes and

MammothN ~ mite airport

FINDINGS

This grand jury was unable to complete its investigations into the allegations by the mandated

end- of- tenn date, June 30.

RECOMMENDA nONS

These investigations should be canied

EL Maner. Chair

Jim Dodson

Raymond Johnson

Mark Newgard

Gerard Oli veira

the

die

about

operatl of

on by dle 2CXX>- O1 Grand Jury .

15