INTRODUCTION

Presiding Judge's Filing Decree 1

Jury Foreman's Letter to Presiding Judge 3

The Purpose ora Civil Grand Jury 5

Grand Jurors & Advisors 7

Citizen Complaints 9

Compliance 11

STANDING COMMITTEES

Administration 13

Audit & Finance 15

Building, Planning & Environment 17

Executive 21

Grand Jury Handbook 23

Health & Human Services 25

Law Enforce~ Dt 27

Mammoth Lakes, Town of 29

Parks, Recreation

TABLE OF CONTENTS

NEW COMMITTEE

& Public Works 31

Cover Photo: Rita Sherman

Cover Design: Greg Newbry

Production: C. D. Ritter

IN ODUCTION

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IN THE SUPERIOR COURT OF mE STATE OF CALIFORNIA

IN AND FOR mE COUNTY OF MONO

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2003- 2004 Grand Jury

I certify that the 2003- 2004 Mono County Grand

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GENERAL ORDER

Jury Final Report complies with Title

GENERAL ORDER

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The HonorableE dward ForstenzerP, residingJ udge

Mono County Superior Court

P. O. Box 1037

Mammoth Lakes, CA 93546

Dear Judge Forstenzer:

Your grand jury for this year is extremely pleased for the opportunity to have served the Mono

County Superior Court and the residents of Mono County. I must credit all the members for a

splendid team performance, even while being reduced in size from prior juries. Jurors Meinhard

and Cardanc o- chairedw ith me throughout the year and did a remarkablejo b while I was absent.

Juror Bullington was an absoluten ecessityd ue to her knowledgeo f the county processesa nd her

administrative skills, hence her selection as secretary. Your 2003- 04 selections of Edwards,

Ritter, Bush, Knauss, Stevenson and Bullington fit perfectly with the holdovers of Meinbard,

Cardan, Boucher, Alper and me. Stevenson resigned for family health issues, leaving us down

one from the original selection of 11 jurors. We have a two- year perspective on case loads, and

this year's numbers seem down from the prior term. Our 10 jurors handled cases quite well.

We were disappointed with the perceived outcome or lack of progress regarding the

recommendations of the 2002- 03 Final Report. Accordingly, we inioated a committee otled

" Compliance" to overseet he prior year's recommendationsJ. urors Meinhard and Boucher c0-

chaired the new committee, and their results are noted in this report. Without their efforts, many

items could have faIlen by the wayside. County corrections from that report are stiIl coming in

one year later. It is my recommendation that this committee be retained to help ensure

compliance.

Concerns about appropriate conduct of business in the public arena surfaced several times this

year with several complex issues to be transferred to the next grand jury due to lateness of

submission and the volume of material to be reviewed. No major issues developed on the others.

Two cases were sent to the District Attorney with no criminal issua.

This year's jury conducted on- site inspections of the Mono County jail and the Mammoth Lakes

Police Department facility. While touring the jail, which was very clean and well appointed, we

once again viewed the County Dispatch Center and processesw, ith renewedr espectf or Sheriff

Paranick's departmenta nd its fulfillment of state- mandatedo perations. O f serious concern and

related to last year's report, we submitted several jurors' phone numbers into the 911 system and

found one to be mislocatedb y a distanceo f over two miles. This continuest o be unacceptablein

terms of public safety. Fortunately, our sheritr s deputies and paramedics frequently recognize the

victim/ caller names and can relate to an actual location. County budget constraints and lack of

commitment by Verizon cannot be allowed to continue. The joint powers meetings between

Mono and Inyo County boards of supervisors may provide some solutions.

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The inspection of the Mammoth Lakes Police Department was infonnative and pointed out the

urgency of completing the new police facility as soon as possible. Even temporary holding and

interrogationso f suspectsin the current facility is unsatisfl L'tOry. S uspectst o be held should be

interviewed at the county jail during the interim. even though inconvenient and costly.

The theme for the grand jury continues to be public safety and implementation of the prior jury's

recommendationsu: pgrading the entire e911 system to acceptablel evels. Loss of life should

nevero ccur becauseo f an inefficient or poorly maintaineds ystem.

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The County seems to be moving forward with street signage and house numbers. It is this jury's

opinion that construction costs should be borne by the County. Volunteer groups and concerned

residentsc ould help with installation.

We, the members of your Grand Jury 2003- 04, thank you for this opportunity to serve.

Respectfully, ~& Mono County Grand Jury 2003- 04

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THE PURPOSE OF A CIVIL GRAND JURY

The grandj ury systemd ates back to 12d1c entury England during the reign of Henry ll.

Twelve " good and lawful men" were assembledin eachv illage to investigatea nyones uspectedo f

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 most

competentt o rendera fair verdict. By the end of the 17d1ce ntury, the principle that jurors must

reacha verdict solely on the basis of evidencew as establisheda, nd that practicec 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.

As a civil grand jury, the Mono County grand jury is not charged with the responsibility for

criminal indictments except in the case of elected or appointed county officials. Its primary

purpose is to serve as a watchdog over county and city governments and special legislative

districts. The grandj ury initiates investigationsa nd inquiries in order to ensuret hat governmenti s

not only honest, e fficient and effective, but also conductedin the besti nteresto f county residents.

The duties, powers, responsibilities, qualifications and the selection process of a grand jury are

set forth in California Penal Code Section 888 et seq.

One of the primary sources of grand jury investigations is citizen complaints regarding

perceived problems or issues within government. In order for the grand jury to be truly effective,

the citizens of the county must get involved. The grand jury can not investigate disputes between

private citizens or matters under litigation. All citizen complaints are handled in strict confidence.

The Mono County grand jury is a volunteer group of 11 citizens from all walks of life

throughout the county. Grand jurors serve a year- long term beginning July 1, and the term limit is

two consecutive years. Lawfully, the grand jury can act only as an entity. No individual grand

juror, acting alone, has any power or authority. Meetings of the grand jury are not open to the

public, and jurors are sworn to secrecy during their term. By law, all matters discussed by the

grand jury and votes taken are kept confidential until the end of term.

One of the major taskso f a grandj ury is assemblinga nd publishingi ts Final Report. W hen

completed, the document is submitted to the presiding judge of the Superior Court. After release

by the court, it is distributed first to county department heads for review, then to the

communicationsm edia. T he Final Report is a matter of public record, kept on file at the county

clerk's office. It is also available online at: www. monosuperiorcourt. ca. gov

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Gordon Alper

Mammoth Lakes

Ronald C. Black

June Lake

Denise Boucher

Mammoth Lakes

Kim Bullington

Bridgepon

Larry Bush

Aspen Springs

Foreperson

Ronald C. Black

ADVISORS

Presiding Judge of the Superior Court Edward Forstenzer

District Attorney George Booth

Court Executive Officer Bob Dennis

County Counsel Marshall Rudolph

Deputy County Counsels Mark Magit & Stacey Simon

GRAND JURORS & ADVISORS

ACTIVE JURORS

Phil Cardan

Mammoth Lakes

Linda Edwards

Mammoth Lakes

Mark A. Knauss

Paradise Estates

Mary C. Meinhard

June Lake

Harold Ritter

Mammoth Lakes

RESIGNED JUROR

Ian Stevenson

Coleville

OFFICERS

Secretary

Kim Bullington

Forepersons Pro Tempore

Mary C. Meinhard & Phil Cardan

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Each grand jury receives nu~ rous communications from citizens. civic groups and

gove~ nt employees relating real or fancied grievances. Although the Penal Code does not

assignt he grandj ury dutiesa s ombudsmant, h e jury can and frequentlyd oesl ook into complaints

as part of its watchdog duties. Some complaints will be without merit, and others will concern

matters over which the grand jury has no jurisdiction. All complaints, except those originating

with the District Attorney or the Court, should be submitted in writing and signed. If the

complaint falls within the purview of the grand jury, an investigation will be initiated by one of

its standing committees. If the complaint is outside the grand jury's purview, it may be forwarded

to County Counsel, a Superior Court judge, or District Attorney. Results of all committee

investigationsa rep resentedto the entire grandj ury for concurrence.

Any citizen who wants to file a legitimate complaint for consideration by the grand jury

should submit a dated and signed letter to: Mono County Grand Jury, P. o. Box 1037, Mammoth

Lakes, CA 93546.

This year the grand jury received four carry- over complaints from the previous year: I)

# 03- 01, involving the Human Resources Department, was withdrawn; 2) # 03- 03 involved a

Special District, and was referred to the Parks, Recreation and Public Works Committee; 3) # 03-

02 and # 03- 05, concerning the Mental Health Department, were found to be beyond the purview

of the grand jury; and 4) the fmal carry- over complaint was referred to the Building, Planning and

Environment Committee.

# 03- 01: Carry- over regarding Human Resources. Referred to Administration Committee,

complaint withdrawn.

# 03- 02: Carry- over regarding Mental Health. Referred to Health and Human Services

Committee, d eterminedt o be out of grandj ury jurisdiction, responses ent.

# 03- 03: Carry- over regarding a Special District and

Political PracticesC ommission, r esponses ent.

# 03- 04: A letter of complaint about Mammoth Lakes Police Depart~ nt. Out of grand jury

jurisdiction, responses ent.

# 03- OS: F ollow- up complaint relatedt o # 03- 02 aboutt he Mental Health Department. R eferredt o

Health and Human Services Committee, determined to be out of grand jury jurisdiction.

responses ent.

A letter of compJaint about the Tax Co)] ector's office. Referred to Audit and Finance

Committee, issue resolved.

A letter of compJaint about the Public Works Department. Referred to Parks, Recreation

and Public Works Committee, determined to be out of grand jury jurisdiction, response

sent.

# 03- 06:

# 03- 07:

cmZEN COMPLAINTS

conflict of interest. Refen'ed to Fair

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# 03- 08: A letter of complaint about the use of Developer Impact Fees by the Mammoth Unified

School District. Referred to Audit and Finance Committee, to be carried over to the

2004- 05 Grand Jury.

# 03- 09: A letter of complaint about similarity of county phone numbers to a personal phone

number. O ut of grandj ury jurisdiction, responses ent.

# 03- 10: A letter of complaint about the use of bond moneys by the Mammoth Unified School

District. Sent to Audit and Finance Committee, to be carried over to the 2004- 05 Grand

Jury.

# 03- 11: A letter of complaint against Child Protective Services and the Mammoth Lakes Police

Department. F orwardedt o District Attorney.

# 03- 12: Follow- up letter from complainant against Child Protective Services and the Mammoth

LakesP olice DepartmentF. orwardedt o District Attorney.

# 03- 13: A Jetter of complaint requesting investigation of the County Administrative Office.

# 03.14: A letter of complaint regarding

jurisdiction.

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NEW COMMIT TEE

INTRODUCTION

The Compliance Committee was newly formed this term to ensure prompt and adequate

follow- up to compelling safety issues identified by the 2002- 03 Grand Jury that strongly

indicated the county's e911 systemw as in need of eva1uationa nd review. The specific issues

identified are contained in the final reports of the Administration Committee, the Audit and

Finance Committee, the Parks, Recreation and Pub1ic Worb Committee, and were published as

part of the 2002- 03 Grand Jury Final Report.

BACKGROUND

In response to the 2002- 03 Grand Jury Pinal Report, the 2003- 04 Grand Jury received: a

letter from Sheriff Daniel A. Paranick, dated Sept. 15, 2003, with an enclosed letter, from

Verizon, datedS ept. 10,2003; a letter from the Mono County Board of Supervisorsd, ated Nov.

18,2003; and a letter from Lauretta L. Cochran, Auditor- Controller, dated May 7,2004. At the

end of April 2004, t he grandj ury senta letter to the Board of Supervisorsr equestinga n updatet o

the responsesp rovided in the board's Nov. 18 letter. This letter also requestedt he board to

provide specific information as to the statuso f implementationo f corrective measuresta ken to

addressid entified deficiencieso f the county's e911 system. D ave Wilbrecht, CAD, respondedto

the grand jury's letter via a memo dated May 19,2004, which was received on June 7, 2004.

FINDINGS

1. Potential failure of the e911 system is of concern. This concern became a reality when

the optic fiber cable was cut in April 2004 causing the entire e911 system to go out of service due

to a non- loopedc onfigurationw ith the connectiont o the south. O n severalo ccasionst, h e Sheriff

hasa pproachedV erizon, requestinga connectiont o the north to createa loop, allowing the signal

to be reroutedt o other connectionsif broken, and therebyp reventingf ailure of the e9l1 system.

Verizon has refused, stating it would be cost prohibitive. As recently as the May 4, 2004, Board

of Supervisors meeting, the Sheriff reported ongoing deficiencies concerning the status of the

county's telephones ystem, a nd recommendedth e boardm ove to a legislativea pproacht o include

the loop improvementsin a revisedt ariff that allows Verizon to operatei n the county. The Board

of Supervisors discussed this recommendation at the May 7, 2004, Council of Governments

meeting, w herea vote was takent o addressth e problem with a regionala pproachT. he Council of

Governmentsis comprisedo f representativefsr om Inyo and Mono counties, M ammothL akesa nd

Bishop. Staff hasb eena ssignedto follow up with this approach.

2. Safety issues concerning lack of signage on private roads and building numbers on

private homes were identified, preventing or impairing emergency response personnel to locate

residentsa nd/ or visitors in a timely manner. S taff hasr eviewedt he county's codesa nd ordinances

and has determined there is confusion regarding older buildings. The County Code is clear in its

requirementsfo r new construction, b ut less clear concerningi ts authority regardinge xisting and

older construction. R ecommendationtso clarify the County Code will be presentedt o the board

this summer. T his has not been addressedy et due to lack of availabler esourcesm, ost likely as a

result of relatively low professionals alaries. The salary level will be increaseda s neededt o

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COMPLIANCE COMMITTEE

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attract qualified candidates until the positions are filled. Implementation of the program to

improve signage will also be problematic due to ongoing budget constraints that have been

further aggravatedb y the stateo f California's budgetd eficit.

Public Works staff has developed a program to provide signage on private roads using

county equipment, tools and materials. This is a voluntary, ongoing problem. relying primarily on

local Regional Planning Advisory Committees to disseminate information to property owners.

The property owner is responsiblef or installing signs and building numbers. A public education

program will be needed to encourage people to improve signage, address and other emergency

information.

3. Accuracy of the e9ll database is of concern. Local fire departments, the Building

Division and other agenciesh ave beenw orking in conjunctionw ith Public Works staff to identify

address discrepancies, primarily through the issuance of new building permits. Duplicate

addressesa re being revised in older developmentsw ith on- site inspectionsb eing done through

inspections for constructiol). Staff working on the county Geographic Information System has

identified 400 duplicate addressesin condominiumsi n the county, which have been corrected.

Discrepanciesa re being correcteda s they are reported; h owever, o lder addressesc ontinuet o be

problematic due to budget constraints.

4. The need for a special health needs data base was identified. A system is in place

through the Health Department to collect confidential information concerning special needs. The

information is maintained in the county's GIS system. There are confidentiality concerns that

need to be resolved, and once this is accomplished, information will be disbursed through the

Sheriff s department as needed to the EMS system based on a call from a particular location.

There are strict rules that prevent the county from distributing medical information for EMS's in-house

use.

RECOMMENDA nONS

I. Imple~ ntation of improve~ nts to the county's e911 telephone system must be

aggressively pursued by the Board of Supervisors until Verizon makes the required loop

connections.

2. The county's codes and ordinances must be clarified so that the require~ nts for new

and older constructiona re consistent. I f necessaryn, ew cOdeso r ordinancesm ust be adoptedt o

ensure property owners are compliant in placing street signage and building numbers. The Board

of Supervisors has ultimate responsibility to assure these steps are taken in the na~ of public

safety.

3. Identification of duplicate addressesa nd addressd iscrepanciesin the e911 database

must be an ongoingp rocess. D ue to the fact that older addressesw ithin the county continuet o be

problematic, t hesea ddresses houldb e targetedu ntil Public Works verifies their accuracy.

4. Issues relating to confidentiality concerns must be resolved to allow dissemination of

special needs information through Sheriffs dispatch. Dispatch personnel should be instructed to

continue asking pertinent questions to verify the accuracy of information displayed as to the

identity and location of callers.

5. The Board of Supervisorsn eedst o hold Verizon accountablefo r the moneysc hargedo n

individual phone bills for the e911 system.

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STAND IN G COMMITTEES

ADMINISTRA TION COMMITTEE

BACKGROUND

The Administration Committee received two letters of complaint during this term. Both

letters addressedp erceivedi ssuesw ithin the Human ResourcesD epartmento f Mono County.

Unfortunately, the second letter was received in May, and details of the issues were only

determined in June, so the committee has referred this complaint to the next grand jury.

FINDINGS

Human Resources is a relatively new department. approximately three years old. The

departmentw as developedi n responseto a previousG randJ ury Final Report. T he entire staff of

the department has recently retired, effective June 30, 2003, or been transfened. This will leave

one employee, who has been in the department for only two months. The County Administrative

Officer is advertising for a department manager at this time. The complaints allege that Human

Resourcesis operatingw ithout clear and defined policies. Specifically, the complaintsa lleget hat

indi viduals are being treated improperly.

The committee conducted a series of interviews with county personnel and the

complainantst o help understandth e issues. I t appearst hat the County Administrative Officer is

awareo f the shortcomingso f the HumanR esourcesa rea. G iven the magnitudeo f this department

as it affects the morale and well- being of the entire county employee base, it is not receiving

adequatem anagemenat ttention. Additional delays to implement a complete personnels ystem

will exposet he County to WorkersC ompensationc laims and lawsuits.

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RECOMMENDAllONS

1. The updateo f the " County PersonnePl olicies and ProceduresH andbook". currently in

uses ince 1982, s houldb e completedn o later than Septembe2r 004.

2. All personnel records must be centrally maintained within a secure computer data base

specifically designedf or personnerl ecords.

3. Personnel Action Forms, which fonn the nucleus of employee changes, must be

discreetly maintained and promptly acted upon.

4. A review of the relationship between the Auditor- Controller and Human Resources

should be conducted.

5. The incoming grand jury should continue this inquiry until adequate personnel

proceduresa nd policies are in place.

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AUDIT AND FINANCE COMMITTEE

INTRODUCTION

The Audit and Finance Committee selectively reviews the accounts, financial statements

and audit reports of Mono County, any special district, the Town of Mammoth Lakes, and the

various schoold istricts within Mono County. The Committeea lso respondsto citizen complaints

and concerns.

BACKGROUND

The committee was asked to review three complaints this term' Complaint # 03- 06

concerned the billing procedure for taxes within the Treasurertrax Collector's office. The other

two complaints, # 03- 08 and # 03- 10, dealt with the Mammoth Unified School District. Due to the

time of receipt and the amount of information needed, the Mammoth Unified School District

items will be carried over to next year's grand jury.

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DISCUSSION

The committeem et with the county Treasurerffax Collector and her assistanto discusst he

billing process. During the interview the concerns raised in the complaint were thoroughly

discusseda, nd a solution was developedb y the Treasurerffax Collector and her assistantT. here

appears to have been a misunderstandingb etween the complainant and the Treasurerffax

Collector's office. Throughout the interview the Treasurerffax Collector and assistant were

helpful, knowledgeablea nd cooperative.

RECOMMEND A nONS

The concerns of this complainant appear to have been taken care of by the TreasurerfTax

Collector's office. While there seemedto be one minor error in somep aperwork, t he committee

did not find any systematicp roblemsw ith the office procedureso r with the way the situationw as

being handledb y the TreasurerfTaxC ollector's office. The TreasurerfTaxC ollector's office was

deemed efficient and orderly.

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. j The Building, Planning and Envjronment Committee received a holdover complaint from ;,:..

the previous grand jury. The complainant was concerned that the Mammoth Lakes Building ;('

J Department was not consistent in issuing building perrnjts. *

.;\ . FINDINGS ;'. J An interview was conducted with the head of the Building Department for the Town of ::- :_~

Mammoth Lakes. During the interview, the procedure for obtaining a building perrnjt was :. . -"-

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J It is the view of this committee that the complaint holds no merit and that there is no ;' ;:/;: ;

evidence of wrongdoing within the Building Department of Mammoth Lakes. Proper and ongoing ~~ j

I improvements to the " plan check" system are in place. f:

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STATEMENT

The Education Committee received no letters of complaint during this tenn.

FINDINGS

No findings.

RECOMMENDATIONS

No recommendations.

EDUCATION COMMITTEE

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STATEMENT

The Executive Committee received no letters of complaint during this term.

RECOMMENDATIONS

No recommendations.

EXECUTIVE COMMITTEE

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GRAND JURY HANDBOOK COMMITTEE

STATEMENT

The Grand Jury Handbook Committee received no letters of complaint during this term.

RECOMMENDATIONS

No recommendations.

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BACKGROUND

The Health and Human Services Committee received two letters of complaint during this

term.

FINDINGS

One letter of complaint (# 03- 02) was passed on by the previous grand jury. The letter

contained multiple allegations regarding persona] abuse and the Mono County Menta] Health

DepartmentA. secondl etter from the samec omplainant( # 03- 05) c ontaineds imilar allegations.

RECOMMENDA nONS

Complaints # 03- 02 and # 03- 05 were found to be outside the scope of the grand jury. and a

letter was forwarded to the complainant. No further action was necessary.

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LA W ENFORCEMENT COMMITTEE

BACKGROUND

The Law Enforce~ nt Committee focused on several issues this year. The committee

toured the Mammoth Lakes Police Department and spoke with Police Chief Mike Donnelly about

departmental concerns such as the progress of the department's proposed facility. Interim

policing activities on site range from violations of California state law ( i. e., temporary detentions

for interview purposes should be conducted at the Mono County Sheriffs department in

Bridgeport). Many of the issues that surfaced will be eliminated with the new facility. Joint

sharingo f dispatchingc ontinuest o be discussedb etweent he MLPD and the Sheriff.

Committee members also toured the Mono County jail and dispatch center. They discussed

the continuing e~ rgency communicationsis suesi n the north county, as indicatedi n last year's

report regarding Verizon. The Sheriff believes civil action may have to be brought against

Verizon to get compliancei n updating the 911 systema ddressesa nd communicationst hrough

Walker/ Coleville. One member of the grand jury submitted his phone number, and it returned to a

location several miles away, similar to last year.

Dave Wilbrecht, County Administrative Officer of Mono County, responded to the grand

jury's request for the budget status of the county and a report on the progress toward last year's

grandj ury recommendationsT. he committeew as pleasedw ith his handling of county processes

during his short tenure, b ut emphasizedfo llow- up on last year's issues.

FINDINGS

The Law Enforcement committee received three letters of complaint during this term: The

first letter of complaint( 103- 04) c oncernedth e Mammoth LakesP olice Department.

Complaints 103- 11 and 103- 12 alleged several violations against Child Protective Services,

MammothL akesP olice DepartmentW. ild Iris, and the District Attorney's office.

RECOMMENDATIONS

Complaint # 03- 04 was found to be outside the scope of the grand jury and a letter was

forwarded to the complainant. No further action was necessary.

Complaints # 03- 11 and # 03- 12 were sent to the District Attorney, who responded

satisfactorily about the status of both cases. Matters are closed.

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TOWN OF MAMMOTH LAKES COMMITTEE

STATEMENT

The Town of Mammoth Lakes Committee received no letters of complaint during this tenn.

FINDINGS

No findings.

RECOMMENDAllONS

No recommendations.

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PARKS, RECREATION & PUBLIC WORKS COMMITTEE

BACKGROUND

The Parks, Recreation and Public Works Committee received two letters of complaint

during this tenD.

Complaint # 03- 03 was a holdover complaint from the previous grand jury. The complaint

involved issues relating to the Birchim Community Services District ( CSD), which supplies

domestic water to the community of Sunny Slopes, near Tom' s PI~.

Complaint # 03- 07 involved access to land parcels following a lot split and a question of

timely forwarding for recording of a final tract map. The real property was located in the vicinity

of Coleville.

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FINDINGS

In conducting its investigation, this committee interviewed the complainant and a Birchim

CSD board ~ mber. Additionally, the committee obtained and reviewed six years of the board's

minutes ( January 1997 through December 2003).

Based upon this investigation the grand jury found: 1) No irregularities in scheduling and

location of board meetings; 2) no irregularities in election of board ~ mbers; 3) no conflict of

intereste ither by attorneyso r other professionalc onsultants; a nd 4) completep erformanceb y all

partiesr egardingg rantingo f easementas nd paymento f agreed- uponm itigation amounts.

Additionally, as an initial part of this investigation, the grand jury referred the issue of

conflict of interest to the California Fair Political Practices Commission, which concluded that no

actionable conflict existed.

RECOMMENDATIONS

The grandj ury makesn o recommendationfo r action by the Birchim Community Services

District and considers this matter closed. However, it does suggest that Birchim CSD review its

election procedures to ensure continuing compliance with all state and local statutes and

regulations.

FINDINGS

As to the issue that involves the county's require~ nt of dedication of property for ingress

and egress, this matter is a question of law and not within the purview of this grand jury. The

attachmentsto the memoo f compJaintc ontain thoroughJya rguedi ssueso f Jawf rom both parties

to this controversy. I f pursuedf urther, this matters houldb e presentedto the courts, a nd the grand

jury takes no position as to the ~ rits.

As to issue involving whether or not the Public Works director acted in a timely manner in

forwarding a final map for recording, this grand jury has insufficient information and accordingly

makes no finding.

RECOMMENDATIONS

No reco~ ndations.

COMPLAINT # 03- 03

COMPLAINT # 03- 07

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