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Mariposa County Grand Jury final report
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F. Dana Walton
Presiding Judge
5088 Bullion Street
Post Office Box 28
Mariposa, CA 95338
( 209) 966- 2005
( 209) 966- 2079 FAX
Wayne R. Parrish
Assistant Presiding Judge
June 16,2004
Robert C. Benson, Foreperson
Mariposa County Grand Jury
P. O. Box 789
Mariposa, CA 95338
Dear Mr. Benson:
I have read and approved the 2003- 2004 Mariposa Grand Jury Final Report.
At this time I wish to personally thank you and the other grand jurors for your work on
behalf of the citizens of Mariposa County. Without the dedication of those like you, this
vital part of our system would certainly fail.
ana Walton,
Presiding Judge
Final Report
2003- 2004 Mariposa County Grand Jury
Table of Contents
Introductory Pages
Transmittal Letter
Foreman's statement
History and Function of the Grand Jury
Qualifications
Acknowledgments
Findings, Recommendations and Actions
Summary of Recommendations
Responses 2002- 2003to Grand Jury Report
A. Citizen Complaints
# l-- County Car Use Policy
# 2-- Nepotism
# 3-- Yosemite West Community Planning Advisory Committee
# 4-- Reimbursement for Fire Suppression Costs
# 5-- Road Repair and Maintenance, Zones of Benefit
# 6-- Fee Charges at the County Landfill
# 7-- Personal Service Contracts
# 8-- John C. Fremont Hospital
B. Oversight
Inspection of Adult Detention Facility
Inspection of Sheriff's Department
Inspection of Juvenile Detention Facility
Interview with County Auditor- Controller
Interview with District Attorney
Interview with Mariposa County Fire Chief
Interview with Director of Public Works
Interview with Chief Administrative Officer
Interview with John C. Fremont Hospital CEO/ CAO
Assessor'slRecorder's Office
C. Other Actions
Grand Jury Website
Collection of Policies and Procedures
Collection of Prior Grand Jury Final Reports and Responses
D. Suggestions to Incoming Grand Jury
Grand Jury Members 2003- 2004
- 1-
Pages
2
3- 4
5- 7
88
9- 13
14- 15
16- 39
40- 48
49- 65
66- 67
68- 71
72
73- 74
75- 76
77- 79
80- 82
83- 84
85- 86
87- 88
89- 90
91- 92
93- 95
96- 97
98- 100
101
102- 106
107
108
109
June 2004
The Honorable F. Dana Walton
Judge of the Mariposa County Superior Court
Mariposa, CA 95338
Dear Judge Walton,
The contents of the 2003- 2004 Mariposa Grand Jury Report have been approved and
accepted by a vote of the Grand Jury.
This year's Grand Jury began it's duties in September 2003 and during its session we
have received few concerns or complaints. The term of Grand Jury service normally
ends June 30th. We have managed our time and resources to conclude our investigations
by that date.
Serving on the Grand Jury has been a great and educational experience for all of us. To
be able to provide over- sight of County government and respond to citizens concerns is a
rewarding experience.
Respectfully submitted,
/ CZL~~~
Robert C. Benson
Foreperson
- 2-
June 30, 2004
The Honorable F. Dana Walton
Judge of the Mariposa County Superior Court
Advising Grand Jury Judge
Mariposa County Courthouse
5088 Bullion Street
Mariposa, CA 95338
Dear Judge Walton,
The 2003- 2004 Mariposa County Grand Jury submits the attached report in compliance
with the requirements set forth in section 933 of the California Penal Code.
This year's Grand Jury received only a few concerns or complaints from the public at
large. Some of the matters were investigated and the results of those investigations are
contained in our report. Other matters were outside the jurisdiction of the Grand Jury to
investigate and appropriate responses were sent to the concerned party( s). Some of the
matters were not investigated as they were already being looked into by the appropriate
agency or department. The remaining matters were discussed and prioritized. We
investigated as many of these matters as we felt we could in the time allotted.
The Grand Jury carried out its mandated duties to inspect the confinement facilities in
Mariposa County. We also interviewed the Department Heads of the following offices:
District Attorney, Public Works, John C. Fremont Hospital, Sheriff's Department,
Finance Department and County Fire Department.
We looked into how county offices are managed on a systemic basis as well as
individually, and monitored the Board of Supervisor's meetings. The areas of great
concern to us which we investigated were: ( 1) the availability of policies and procedures
to county employees and the public, ( 2) allocation of county resources, ( 3) public safety-police,
fire and medical, and ( 4) the efficiency of county agencies.
The Grand Jury website is now on- line. It explains our mission to the public, the history
of the Grand Jury system and provides answers some of the frequently asked questionS.
The website contains complaint forms which can be down- loaded. It is anticipated that
the final Grand Jury reports will also be available on- line in the near future.
The resources available to future Grand Jury members have been expanded. County
departments and agencies were requested to provide copies of policies and procedures.
The information that has been received has been placed in binders in the Grand Jury
office. A current copy of the Mariposa County Ordinances is also in the Grand Jury
-.")-
office. Copies of the previous Mariposa Grand Jury Final Reports and the responses to
them, have been obtained and placed in the Grand Jury office. It is hoped that future
Grand Juries will find these resources helpful and that they will continue to maintain and
up- date them as time passes.
The Grand Jury Final Reports and their responses of the past 5 years were reviewed by
this Grand Jury to insure that the process of report and response were followed by the
appropriate agencies as required under the California Penal Code. Also, to review the
responses to recommendations made in prior years. On the whole, the process was
followed and although all of the recommendations of the prior Grand Juries were not
followed, at least the issues were brought to the attention of the proper agencies and
departments and were considered and discussed. In short, the system works.
The members of the Grand Jury were provided with 2 days of intensive training, which
was invaluable in understanding and carrying out our duties.
Thank you for the opportunity of serving on the Mariposa County Grand Jury. It was
both an enlightening and rewarding experience.
Respectfully,
~~~
ROBERT C. BENSON
Foreperson
- 4-
From the Mariposa County Grand Jury Website:
History and Function of the Grand Jury
History of the Grand JUry
The present grand jury system evolved from the earlier ecclesiastical courts
beginning in 1164 when King Henry IIof England impaneled the first 16- man
Grand Jury to remove criminal indictments from the hands of the church. In 1635,
the first American Grand Jury was impaneled in the Massachusetts Bay Colony.
By 1638, grand juries were present in all the colonies. These early Grand Juries
began the practice of returning " presentments" which were primarilyagainst
public officialsand different from criminal indictments.
Forty- twostates use some form of the Grand Jury system. California is a State
that allows prosecution to be initiated either by a Criminal Grand Jury indictment
or byjudicial preliminary hearing. California impanels County CivilGrand Juries
every year to conduct civilinvestigations of county and city government and to
hear evidence to make recommendations or to decide to return indictments.
func~ ion otMariposa County Grand JUry
The Mariposa Grand Jury is a judicial body consisting of 11 citizens. It is
impaneled to act as an " arm of the court," as authorized by the FifthAmendment
of the United States Constitution and the Constitution of the State of California, to
be a voice of the people and conscience of the community. A CivilGrand Jury is
impaneled in Mariposa County each year in July. A CriminalGrand Jury may be
impaneled in the County ifdeemed necessary by the Superior Court Judge.
The Grand Jury is charged with a grave responsibility. It serves as an
ombudsperson for the citizens of Mariposa County. The entire population of the
county is affected by an active CivilGrand Jury. Malevolent and unfaithfulpublic
servants feel uneasy because unlawful acts may be uncovered, while honest
citizens and conscientious public servants are reassured that there is a
" watchdog" over inappropriate and illegal activity. Therefore, CivilGrand Jury
Service calls for diligence, impartiality, courage, and responsibility.
The Grand Jury submits meaningful solutions to a wide range of problems. It is a
volunteer, fact- findingbody with the potential to create positive and constructive
changes. The Grand Jury is an investigative body created for the protection of
society and the enforcement of the law. Although the responsibilities of the Grand
Jury are many and diverse, the three prominent functions include:
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A. Civil Government Oversight
This is the major function of the Mariposa County Grand Jury, and considerable
effort is devoted to these responsibilities. The grand jury may examine all
aspects of county government and special districts within the county to insure
that the best interest of Mariposa citizens are being served. The Grand Jury
reviews and evaluates procedures, methods, and systems utilized by county
government to determine whether more efficient and economical programs may
be employed. The Grand Jury is also authorized to:
Inspect and audit books, records and financial expenditures to ensure that
public funds are properly accounted for and legally spent;
Inspect the financial records of special districts in Mariposa County;
Inquire into and inspect the condition of jails and detention centers in
Mariposa County;
Investigate any charges of willful misconduct in office by public officials or
County employees.
B. Citizen Complaints
As part of the civil function, the Grand Jury receives many complaints from
citizens alleging mistreatment by public officials, suspicions of misconduct or
governmental inefficiencies. All complaints received from citizens are reviewed
and acknowledged in writing. If the subject of the complaint falls within the
jurisdiction of the Grand Jury, and the Grand Jury as a whole sees fit, the
complaint will be investigated. All complaints to the Grand Jury are kept
confidential.
To submit a complaint to the grand Jury, send a completed GrandJurv
ComDlaint Form to:
Mariposa County Grand Jury
P. O. Box 789
Mariposa, CA 95338
Please first consider ifyour complaint falls within the jurisdiction of the Grand
Jury as outlined above, and include your name, address and phone number as
well as your signature.
C: Criminal Investigations
Occasionally, under certain circumstances, a special Criminal Grand Jury is
selected to hold hearings to determine whether evidence presented by the
District Attorney is of a sufficient nature to warrant a person to stand trial in a
court. The types of cases presented to the Grand Jury by the District Attorney
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usually include:
Cases involvingpublic officials or employees
Cases involvingpolice officers
Cases in which the statute of limitations is about to expire
White collar crimes, and
Other cases the DistrictAttorney deems appropriate
Jurisdiction
The jurisdiction of the Mariposa County Grand Jury is limited by statute and has
no jurisdiction or authority to investigate any Federal or State agencies. Grand
Jury jurisdiction extends to the workings of Mariposa County Government,
Special Districts or Joint Powers Agencies withinthe County, and County Public
Officials.
Reports
The Grand Jury issues its final report each year in late June. The report is
available to all county residents, and is delivered to the news media and to the
heads of affected government agencies. Affected agencies are required to the
report findings and recommendations within 60 to 90 days. Those responses are
also made available to the public. The Grand Jury may release individualreports
as they are completed during the year. Mariposa County Grand Jury reports are
available at the County Libraryand on the Web at
http:// www. mariposacountv. orQ/ Qrandiurv
Grand Jury work is demanding. Rewards for Grand Jury work come mostly from
increased knowlectgeof local government, the judicial system, and the
satisfaction of making a worthwhile contribution to the improvement of Mariposa
County government operations.
At the end of its term, the Mariposa County Grand Jury issues a final report on
whatever aspects of Mariposa County Government were investigated withinits
term. The final report willcontain the findings of the investigation and
recommendations for solutions to any problems found. The Mariposa County
Board of Supervisors must comment upon the Grand Jury's recommendations
within90 days of the report being issued.
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QUALIFICATIONS FOR GRAND JURY SERVICE:
Prospective Grand Jurors must have the following qualifications ( P. C. 893):
1.) Be a citizen of the United States, of the age of 18 or older, and a resident of the state
of California and the County of Mariposa for one year or more immediately before
being selected.
2.) Be in possession of his or her natural faculties, of ordinary intelligence, sound
judgment, and fair character.
3.) Possess sufficient knowledge of the English language.
A person is NOT legally qualified to serve if any of the following apply:
1.) The person is serving as a trial juror.
2.) The person has been discharged as a Grand Juror in any court of
this state within one year.
3.) The person has been convicted of malfeasance in office or any
felony or other high crime.
4.) The person is an elected public officer.
Desirable qualifications for a Grand Juror includes the following:
1.) Have the time to make the necessary commitment. It is not uncommon
to spend 10 to 20 hours per week performing Grand Jury duties.
2.) Be open minded with concern for the positions and views of others.
3.) Have an interest in community affairs and the ability to work with
others.
ACKNOWLEDGMENTS:
The Mariposa Grand Jury of 2003 - 2004 thanks the members of the general public who
took their time to contact us with their concerns.
We appreciate the courtesy of County employees whom we contacted and their prompt
responses to our requests. Everyone we contacted were very helpful, cooperative and
timely provided requested documentation.
The Grand Jury appreciated the support, advice and assistance of our supervising Judge,
Dana Walton, members of the County Counsel's office, and the District Attorney.
The two day training session we received at the beginning of our term was invaluable.
The information given to us in the introductory and orientation meetings was practical
and useful. We highly recommend this type of training be continued for futurejuries.
- 8-
Summary of Recommendations
Respondents: Board of Supervisors
Page 40, et seq.
1. The Mariposa County Board of Supervisors, Chief Administrative Officer/ Personnel
Director should make readily available to each county employee a copy of the nepotism
policy.
2. The Mariposa County Board of Supervisors, Chief Administrative Officer/ Personnel
Director should have a procedure in place whereby an employee can make a confidential
complaint about hostile work environments and/ or office morale and insure that each
county employee is informed as to this procedure.
Page 49, et seq.
3. The Board of Supervisors adopt by- laws for Planning Advisory Committees within 60
days.
4. The Board of Supervisors and the Planning Department should adopt standard rules
regarding the creation of minutes for each and every department and agency required to
take and keep minutes.
5. The Board of Supervisors and the Planning Department should have written minutes
available at the next regularly scheduled meeting for approval and adoption.
6. The Board of Supervisors should carefully monitor the make- up of the committees
they appoint to insure they represent all categories of property owners within a planning
area.
7. The Board of Supervisors should have in effect a monitoring system to insure their
appointees are carrying out all of their duties, including not missing meetings.
Page 68, et seq.
8. The Board of Supervisors should adopt the Department of Public Works' road
maintenance schedule on an annual basis.
9. The Board of Supervisors should review the salary scale for road crew employees to
become more competitive with the job market and retain skilled employees.
10. The Board of Supervisors should consider the creation of a part- time and/ or on- call
job category for flag persons. This would allow trained and skilled road crew workers to
actually do the work they are trained and hired to do.
Page 72
11. The Board of Supervisors and the Department of Public Works should install a set of
scales as soon as possible at the Mariposa County Landfill.
- 9-
12. The Board of Supervisors should assign a County employee to collect fees and give
receipts at the County Landfill.
Page 73- 74
13. The Board of Supervisors should amend the personal services contract ordinance to
parallel the bid procedure for buying goods, i. e. for a contract in excess of $ 10,000 the
contract should be advertised or in the event that a series of contracts for similar services
will be offered, at least an annual request for bids for those types of services should be
conducted to establish a pool of potential contractors.
14. The Board of Supervisors should review the amount of money they are currently
spending on service contracts and evaluate whether it would be more cost effective to
have County employees perform those same services.
15. The Grand Jury believes that reimbursement for expenses should not be a separate
part of a contract for services, and in particular that meals should not be reimbursed. It is
recommended that the Board of Supervisors review the inclusion of reimbursement for
expenses in their personal services contract.
Page 83- 84
16. Juvenile Detention Safety concerns-- the area between the detention facility, the
recreational area and the location where law enforcement personnel deliver and pick- up
in- custody minors should be fenced in. Erecting chain- link fencing in this area would
negate the necessity of shackling and hand- cuffing minors merely to go outside for an
hour in the recreation area. Also, it would provide a secure sallie- port for the movement
of in- custody minors to and from law enforcement vehicles.
Page 87- 88
17. The Grand Jury recommends the Board of Supervisors reviews the salary levels for
the Office of District Attorney and make adjustments to bring it more in accordance with
other similarly situated counties.
Page 89- 90
18. The Grand Jury recommends the Board of Supervisors pursue the establishment of a
Fire Training Facility in Mariposa County.
Page 91- 92
19. The Board of Supervisors and the Personnel Director should re- evaluate the pay-scale
for qualified engineers in order to have sufficient staff to perform work less
expensively than contracting it out to private individuals.
20. The Board of Supervisors should evaluate the Mariposa County liability insurance,
coverage and premiums. Claims and follow up should be assigned to one County
employee.
- 10-
Page 98- 100
21. The Board of Supervisors should review the necessity of an elected Assessor-
Recorder. Perhaps this job should be vested in the Chief Administrative Officer and the
Assistant Assessor could receive a substantial pay raise to continue doing the job of the
Assessor- Recorder as is currently the case.
Respondent: CAO/ Personnel Director
Page 40 et. Seq.
1. The Mariposa County Board of Supervisors, Chief Administrative Officer, and
Personnel Director should make readily available to each county employee a copy of the
nepotism policy.
2. The Mariposa County Board of Supervisors, Chief Administrative Officer, and
Personnel Director should have a procedure in place whereby an employee can make a
confidential complaint about hostile work environments and/ or office morale and insure
that each county employee is informed as to this procedure.
Respondent: Mariposa County Fire Chief
Page 66- 67
1. The Mariposa County Fire Department should expand its criminal collections to
include misdemeanor convictions.
Page 88- 89
2. The Grand Jury recommends that Chief Shultz continue his efforts toward providing
training and acquiring and providing sufficient firefighting and safety equipment.
Respondent: Public Works Director
Page 68, et seq.
1. The Director of Public Works should adopt and publish a road repair schedule on an
annual basis listing which roads, or portions of roads, will be paved, repaved or repaired.
2. The Director of Public Works should create a procedure whereby there is coordination
between the Road Department and other agencies that must tear up the roads to install
telephone lines, gas lines, water lines, etc., so that work can be done in the proper order.
A published, adopted schedule of road maintenance, as stated in Recommendations 1 and
2 above, would probably be helpful.
Page 72
3. The Department of Public Works should insure that receipts are made in duplicate,
one copy for each and every person who utilizes the Mariposa County Landfill and one
copy for County records.
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Page 91- 92
4. The Director of Public Works should establish a written complaint log which includes
the name of reporting party, the date and time of the complaint.
Respondent: District Attorney
Page 66- 67
1. The Mariposa County District Attorney's Office should request restitution on behalf
of the Mariposa County Fire Department and/ or Mariposa Public Utility District in all
misdemeanor and felony cases where the underlying crime resulted in a response by
either or both of those agencies.
Page 87- 88
2. The Grand Jury commends the District Attorney for the up- dating and consolidation
of the District Attorney's Office and recommends he continues those projects already in
progress.
Respondent: Planning Department
Page 49, et seq.
1. The Board of Supervisors and the Planning Department should adopt standard rules
regarding the creation of minutes for each and every department and agency required to
take and keep minutes.
2. The Board of Supervisors and the Planning Department should have written minutes
available at the next regularly scheduled meeting for approval and adoption.
Respondent: Sheriff Department
Page 80- 82
1. As soon as practicable bring all the functions of the Sherifr s Department under one
roof for a more efficient operation.
Respondent: County Auditor
Page 85- 86
1. The Grand Jury encourages the Auditor to continue with the establishment of specific
Goals and Objectives to continue the improvement of the work of the department.
2. The timeliness of County Audits needs to be improved for the benefit of the taxpayers.
3. A further study be conducted for an improved and controlled purchasing system for
the county.
- 12-
Respondent: John C. Fremont Hospital
Page 75- 76
I. The Grand Jury recommends, for all potential hospital employee's, that pre-employment
drug screening and criminal background checks be performed as part of the
regular hiring practice, as all hospital employees have the potential of having contact with
patients. The committee also recommends the continuation of verification of all required
licensing.
2. It is recommended that the hospital continue the practice of not allowing staff to place
personal orders through the Dietary Department.
Respondent: County Assessor- Recorder Elect
Page 98- 100
I. The elected Assessor- Recorder should resign and allow someone who is interested in
actually doing that to be appointed by the Board of Supervisors.
No Response Necessary:
County Car Use Policy
Page 19- 39
If there is a concern that an individual county employee, officer or agent is violating the
stated ordinances and policies of the county, that employee's department head should be
contacted directly. If there is not a satisfactory resolution, then the concerned individual
should address the Board of Supervisors directly. If there is an objection to a specific
county employee having a " take- home" vehicle it should be brought to the attention of
the Board of Supervisors.
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Review of Previous Grand Jury Final Reports and Responses
" Each grand jury shall submit to the presiding judge of the superior court a final report of
its findings and recommendations that pertain to county government matters during the
fiscal or calendar year." Penal Code Section 933 ( a).
" No later than 90 days after the grand jury submits a final report on the operations of any
public agency subject to its reviewing authority, the governing body of the public agency
shall comment to the presiding judge of the superior court on the findings and
recommendations pertaining to matters under the control of the governing body, and
every elected county officer or agency head for which the grand jury has responsibility
pursuant to Section 914.1 shall comment within 60 days to the presiding judge of the
superior court. ..." Penal Code Section 933( c)
It is incumbent upon each Grand Jury to review the final reports and recommendations of
its predecessors and the responses to those recommendations.
Actions
The 2003- 2004 Grand Jury reviewed the Final Reports and Responses of the previous six
( 6) years. During this process it was discovered that the Final Reports were readily
accessible, but it was more difficult to obtain copies of the responses to those reports.
There is now a complete set of Final Reports and Responses for the past six ( 6) years in
the Grand Jury office for the use of future Grand Juries.
Findings
The County officials, department heads, and agencies over which the Grand Jury has
jurisdiction are quick to respond to Grand Jury recommendations, both in their written
responses and in effecting recommended changes.
Concerning the 2002- 2003 Final Report, the current Grand Jury received some of the
same complaints as last year's Grand Jury. The 2003- 2004 Grand Jury has tried to
expand our own investigations to resolve these on- going concerns of Mariposa County
citizens.
The complaints and inquires made by citizens of Mariposa County do effect change in
County government.
- 14-
Recommendations
1. All succeeding Grand Juries review the Final Report and the Responses of the
previous Grand Jury.
2. Responses to the Final Reports of previous Grand Juries be maintained in the Office
of the Grand Jury.
3. All Grand Jury Final Reports and the Responses to recommendations be added to the
Grand Jury Website.
.
- 15-
Findings, Recommendations and Actions
Case # 1 - Inquiry into County Car Use Policy
The Grand Jury is authorized to investigate how decisions and policies are made by
county agencies and to suggest ways to make improvements. ( Penal Code section 925)
We may inquire into what criteria were used or not used, the process involved in
formulating policies or reaching conclusions and how facts were gathered. However, the
ultimate decision itself is not for the Grand Jury to question. For example, we may not
question why a particular county employee was granted permission to have a take- home
vehicle, but we can question the process used in making the determination.
The Grand Jury received several inquiries concerning the use of county vehicles during
business and non- business hours. The greatest area of concern seemed to be the presence
of non- county employees as passengers. There were also inquiries concerning the use of
county vehicles by county employees during non- business hours. Due to the public
interest in this issue, the members of the Grand Jury decided to ask the following
questions:
1. Who may use a county vehicle during non- business hours?
2. How is the determination made as to who should be allowed to use a take- home
county- owned vehicle?
3. When are third- party non- employee passengers allowed in county- owned
vehicles?
4. How is use of a county vehicle, during non- work hours, determined?
5. When is personal use of a county vehicle permitted?
6. Is the county insured for such uses involving non- employee passengers?
During the time period the Grand Jury was investigating these issues, the Board of
Supervisors independently and without knowledge of the Grand Jury's investigation,
revised Chapter 2.76 of the Mariposa County Ordinances, entitled County- Owned Motor
Vehicles.
The revised ordinance requires that a county vehicle not be used for personal business
and requires a department head to submit a written request to the county administrative
office for a '' take- home'' vehicle. The county administrative officer then makes a
recommendation to the Board of Supervisors who makes the fmal determination to
" approve a list of all county vehicles that are assigned as ' take home' vehicles" each year
as part of the budget process ( sec. 2.76.020).
In the opinion of the members of the Grand Jury, since the revised ordinance enacts a
clearly defmed method of determining who may use a county- owned vehicle and under
what conditions, who is allowed a '' take- home'' vehicle and has sufficient checks and
- 16-
balances and public review for '" take- home" vehicles, these issues have been disposed of
and need no further comment by the Grand Jury at this time.
However, the revised ordinance did not address the issue of the presence of third- party
non- employees in county- owned vehicles, whether during or after business hours.
Consequently, a letter was sent to the Board of Supervisors by the Grand Jury asking
specific questions about who may be a passenger, under what circumstances and if the
county is insured for liability.
The Board of Supervisors responded within the time frame requested and provided
answers and documentation satisfactory to the members of the Grand Jury. A copy of
the following documents is attached hereto and made a part hereof:
Chapter 2.76 of the Mariposa County Ordinances
Letter to Board of Supervisors dated January 26, 2004
Response to Grand Jury Letter
Mariposa County Safety Pledge fonn
Mariposa County Policies and Procedures for the Operation of County Vehicles
Ride- Along Procedure-- Mariposa County Sheriff's Department
Policies and Procedures for the Operation of County Vehicles
Such infonnation stated in essence that:
1. A county vehicle shall not be used for personal business, but an employee may " stop
for personal business which does not significantly interfere with county business", as
determined by the affected department head. ( Sec. 2.76.010)
2. Third- party non- employee passengers are only permitted with the prior authorization
of the affected department head. ( Mariposa County Policies and Procedures for the
Operation of County Vehicles)
3. Mariposa County is self- insured through the California State Association of Counties
Excess Insurance Authority.
Conclusion
The revised ordinance together with the Safety Pledge, Policies and Procedures for the
Operation of County Vehicles, and the Sheriff's Ride- Along Procedure, fully addresses
the issues of county vehicle use, take- home vehicles, third- party passengers and liability
of Mariposa County. No further action is needed at this time.
Recommendation
If there is a concern that an individual county employee, officer or agent is violating the
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stated ordinances and policies of the county, that employee's department head should be
contacted directly. Ifthere is not a satisfactory resolution, then the concerned individual
should address the Board of Supervisors directly. If there is an objection to a specific
county employee having a " take- home" vehicle, that objection should be brought to the
attention of the Board of Supervisors.*
* Oct. 28, 2003, the following county employees were assigned take home vehicles:
Vehicle: Assigned to:
Fire Department
FD- 3
FD- 5
FD- 7
FD- 8
Sheriff Department
113- 115
116
117
424
119
24 other vehicles
702
705 & 706
Social Services
W- 12 Staff- On Call CPS Worker
Probation Department
PD- 4 Juvenile Transport
PD- 5 Truancy Program
PD- 6 Chief Probation Officer
PD- 7 Juvenile Division
PD- 8 Adult Division
PD- 9 Juvenile/ Adult Transport
Public Works Department
10 vehicles Director of Public Works
Assistant Director of Public Works
Fleet Supervisor
Facilities
Road Superintendent
Foreman of Road Crews ( 5)
Nov. 18,2003
District Attorney
Volunteer Battalion Chief- North side
Fire Chief
Deputy Fire Chief
Volunteer Battalion Chiefs
Sheriff Detectives
Lieutenant- Jail
Captain
Captain
Sheriff
Deputy Sheriffs and Sergeants
Evidence Technician
Animal Control
Investigator
Other vehicles may have been approved after this date.
- 18-
2.76.010-- 2.76.020
Chapter 2.76
COUNTY- OWNED MOTOR VEHICLES
Sections:
2.76.010
2.76.020
2.76.030
2.76.040
2.76.050
Vehicles to be used only for county business.
Rules regulating use to be set by resolution.
( Repealed).
( Repealed) .
Infraction of rules cause for suspension or
dismissal from county employment.
( Repealed).
( Repealed) .
2.76.060
2.76.070
2.76.010 Vehicles to be used only for county business.
A. County officers and employees of the county drive,
operate or otherwise use any county owned, leased, or controlled
vehicle for county business related activities.
B. No officer or employee shall drive a county vehicle
for personal business. This section shall not preclude an
officer or employee from stopping for personal business which
does not significantly interfere with county business. Such a
determination shall be made by the affected department head.
C. No officer or employee shall drive a county vehicle
without a valid California driver's license. ( Ord. 999 Sec. IV,
2003: Ord. 643 Sec. 1, 1985).
2.76.020 Rules regulating use to be set by resolution.
A. All vehicles shall be under the control of the board
of supervisors.
B. Should a department head deem it necessary that an
employee of his/ her department be entitled to utilize a county
owned vehicle on a twenty- four hour basis the department shall
submit a request with written justification to the county
administrative office ( cao). The cao shall make a
recommendation to the board of supervisors.
C. The board of supervisors shall make the final
determination whether a " take home" vehicle is approved or not.
D. Each year, as part of the county budget process, the
board of supervisors shall approve a list of all county vehicles
that are assigned as " take home" vehicles. Only those employees
designated and approved by the board of supervisors shall be
entitled to have a " take home" vehicle.
T2- 56 ( CC 01104)
- 19-
2.76.030-- 2.76.070
E. It is the responsibility of each county department
head to monitor the use of those vehicles assigned to his/ her
department and to ensure that all " take home" vehicles have been
approved by the board of supervisors. ( Ord. 999 Sec. IV, 2003;
Ord. 643 Sec. 1, 1985).
2.76.030 ( Repealed by Ord. 999 Sec. IV, 2003).
2.76.040 ( Repealed by Ord. 999 Sec. IV, 2003).
2.76.050 Infraction of rules cause for suspension or
dismissal from county employment.
Infractions of the rules of use set forth in the
resolution, pursuant to Sections 2.76.020 through 2.76.040, by
any county employee shall constitute cause for suspension or
dismissal from county employment, revocation of use of vehicle,
or such other disciplinary action as is deemed appropriate by
the department head or board of supervisors. ( Ord. 643 Sec. I,
1985) .
2.76.060 ( Repealed by Ord. 999 Sec. IV, 2003).
2.76.070 ( Repealed) .
T2- 57 ( CC 01/ 04)
- 20-
mariposa< rounty< Brandjury
P. O. Box 789
Mariposa, Califomia
HARJP094 COUNTY COURT ROUSE
Board of Supervisors
P. O. Box 784
Mariposa, CA 95338
Re: County Vehide Use
January 26, 2004
To the Members of the Board I
The Grand Jury had concerns about the County's policy and ordinances regarding
employees' use of county vehicle before the recent amendment of those ordinances.
Whilethe recently enacted amendments puts into place an established procedure for
approval of such vehicle use and better defines the lines of authority and responsibility
regarding same, they did not answer a recurring concern.
There is no prohibitionin the county ordinances for the presence of non- employee third
parties in county vehicles, whether during regular business hours or during non- working
hours.
We are concerned withthe issue of liabilityof the County in the event such non-employee
third party is injured while in a County car. Especially of concern to us is the
presence of familymembers of the County employee, whether it is a child being taken
to or picked up fromschool, or a spouse accompanying the employee to a function.
Neither activitycurrently seems to be prohibited under the relevant code sections.
There may be a difference in liabilityconcerns between those employees who are a part
of emergency response such as fire department or police and those non- safety
employees who are allowed to keep a county vehicle at all times.
Please respond to the followingquestions concerning this issue by 5: 00 P. M. February
12.2004:
- 21-
1. Is there an approved, formal agreement between the county of Mariposa and each
individualto whom the Board grants the use of a County vehicle. Ifso, please attach
a copy withyour response.
2. Ifthere is an agreement, does it limitthe liabilityof the County of Mariposa from
claims by third party passengers?
3. Are familymembers specifically excluded from being passengers in said County
vehides?
4. Doe the County of Mariposa maintain insurance which would cover all claims,
includingattorney fees for the County, for third party claimants?
5. Is there a written policy regarding familymembers and/ or other non- employee third
parties being in a County vehicle? During work hours? During non- workhours?
6. Ifthere is any additional information you believe would help clarifythis issue, please
forward italong with your response.
Thank you for your attention to this matter.
Very trulyyours.
..."..
Bob Benson
Foreperson
- 22-
Response to Ouestions Posed bv the 2003- 04 Grand JUry Reeardine: County Vehicles.
1. Is there an approved formol agreemenl between the County of Mariposa and each
indiuidual to wlwm thE Board grants the use of a county uehicle? If so, please attach
a copy with your response.
Each employee when hired must sign Personnel Form " Exhibit F' aclmowledging
that they have received, read, and will be guided by the Fleet Safety Program as set
forth in the Mariposa County Policies and Procedures for the Operation of County
Vehicles. Attached is a copy of " Exhibit F' and the policies and procedures for
operating a county vehicle.
2. If there is an agreement, does it limit the liability of the Counly ofMaripDsaftom
claims by third party passengers?
No, it does not the limit the liability of third party passengers. It does state
however, that only authorized employees or persons may ride in the county vehicle,
and that elected officials, department heads, and/ or supervisors shall have the
authority to authorize the carrying of passengers other than County employees.
The Sheriff's Department has a liability waiver form that non- county employees
must sign if they wish to participate in the Sheriff's ride- along program. Attached
is a copy of the Sheriff's Ride- Along Procedure.
3. Are fanu1y members specijit: ally excluded from being passengers in said County
uehicles?
No. Family members may be passengers if the County employee has received
authorization from their Department Head.
4. Does the Counly of MariPosa maintain insurance which would couer aU claims,
including attorney fees for the Counly, for third. party claims?
Yes. The County is self- insured through the Califomia State Association of
Counties Excess Insurance Authority.
S. Is there a written policy regardingfamily members and/ or other non- emplDyee third
paTties being in a County vehicle? During work hours? During non- worlc hours?
Family members and/ or non- county employees may be passengers in a County
vehicle if the County employee has received prior authorization from their
Department Head, either during work hours on non- work hours.
6. lfthEre is any additional iriformat. ion you believe would help ck: uify this issue, please
forward it along with your response.
Attached is a copy of Chapter 2.76 of the Mariposa County Code, which pertains to .
the operation of County- Owned Motor Vehicles.
- 23-
MARIPOSA COUNTY PERSONNEL FORM
SAFETY PLEDGE
This certifies that I have received, read. and will be guided by the Fleet Safety Program as
set forth in the MARIPOSA COUNTY POLICIES AND PROCEDURES FOR THE OPERATION
OF COUNTY VEHICLES.
I further certify that it is my sincere intention to observe all safety rules with regard to
vehicle operation and do my utmost at all times to pl'" Otect the safety of myself and that of
my fellow worker and the general public.
And. I further authorize the County of Mariposa to obtain a copy of my driving record from
the California Department of Motor Vehicles.
Date: By:
( Signature)
( Printed Name)
DEPARTMENT:
CALIFORNIA DRIVER'S LICENSE NUMBER:
ori9. - Personnel
Copy - Department
- 24-
MARIPOSA COUNTY
POLICIES AND PROCEDURES
FOR
THE OPERATION OF COUNTY VEHICLES
Part 1. GENERAL INSTRUCTIONS
Part 2. ACCIDENT PREVENTION
Part 3. EQUIPMENT OPERATION
Part 4. HANDLINGOF ACCIDENTS
Part 5. SAFETY INSTRUCTIONS TO PERSONNEL
- 25-
FLEET SAFETY PROGRAM
Part One
GENERAL INSTRUCTIONS
The first requirement of an employee is that he exercise extreme care in the operation and
handling of all County vehicles or any vehicle employed in County use. All drivers must be
completely conversant with the General Safety, Operating and Maintenance instructions
contained herein - within 15 days after employment, as it must be understood that rules are
useless unless applied. Rules contained within this program are applicable to all persons
employed by the County of Mariposa that may operate a motor vehicle in the course of
County business. Situations not specifically covered by rule should be referred to your
Depanment Head for decision unless circumstances are such that he is not available.
Drivers are expected to use their best judgment in such cases and make an immediate report
of the maner as quickly thereafter as possible.
STATE AND MUNICIPAL REGULATIONS
Drivers must familiarize themselves with State, Municipal and other regulations which affect
the operation of their equipment. They should be particularly familiar with the vehicle code
of this State.
DRIVER'S LICENSE
Drivers. prior to employment, must secure a State Driver's license or valid tempo rary State
permit and must have the license or temporary permit in their possession when on duty.
CONDUCT OF PERSONNEL
Civil, gentlemanly deportment is required of all employees. They must not enter into any
altercation, no matter what provocation may be given, but will report the fact~ to their
immediate superior.
page 1 of 11
- 26-
PERSONAL OBUGATIONS
Drivers shall not carry any passengers other than authorized emplovees or persons. Elected
officials, department heads or supervisors shall have the authority to authorize the carrying
of passengers other than County emplovees. Under no circumstances will helpers or other
emplovees on duty be permitted to ride on running boards or on a tractor. Such passengers
must be carried in the cab or within the body of the vehicle. This rule is expected on fire
fighting equipment or other equipment where required and adequate facilities are provided.
Nothing contained in this rule shafl be so construed as to prohibit the carrying of any person
or persons in the. case of accident, or other emergency.
page 2 of 11
- 27"
Part Two
ACCIDENT PREVENTION
Safety is of the - first importance in the discharge of duty. In any operation of motor
vehicles, proceed carefully. Take no chances. The constant exercise of good judgment and
strict compliance with rules and orders will, in most instances. prevent accidents.
Any act of carelessness, indifference or recklessness shali be regarded as evidence of
unfitness of the driver.
RECKLESS DRIVING FORBIDDEN
No motor vehicle shall be driven recklessly or so as to endanger life. limb or property.
RIGHT OF WAY
Right of way, even if legally yours, MUST be surrendered if necessary to avoid collision.
DRIVING WHILE ILLOR FATIGUED
No motor vehicle shall be driven by any driver while his ability or alertness is so impaired
through fatigue, illness or any other cause as to make it unsafe for him to drive or to
continue to drive a motor vehicle, nor shall he be required or knowingly be permitted to
drive while in such condition.
USE OF ALCOHOLIC BEVERAGES
No driver shall go on duty while under the influence of, nor drink while on duty. any
alcoholic beverage or liquor, whatever its alcoholic content.
USE OF NARCOTICS
No person who is addicted to the use, or under the influence. of narcotic drugs or
amphetamine or any derivative thereo. f shall operate any motor vehicle.
USE OF DANGEROUS DRUGS
No person shall operate any motor vehicle while knowingly under the influence of any
dangerous drug, to a degree which renders him incapable of safely driving a vehicle.
" CLEAR COURSe" BEFORE STARTING
No motor vehicle shall be set in motion until due caution has been taken as to ascertain that
the course is clear.
Before proceeding through restricted clearance, underpass or bridge, a driver shall first make
sure equipment and cargo will pass through without. damage.
Drivers shall make certain before backing that it is safe to do so and, if necessary, shall get
out of the equipment to satisfy themselves as to the safety of the contemplated move. In
cases where it is necessary to back into heavy traffic or into areas of restricted clearance.
drivers should obtain assistance if possible.
Nothing contained in the foregoing backing rule relieves the driver of full responsibility in the
event of an accident.
page 3 of 11
- 28-
SPECIAL STOPS REQUIRED
The driver, if any vehicle upon approaching any entrance of a highway or intersection, or
railroad grade crossing posted with a stop sign, except as otherwise permitted in this
paragraph, shall stop:
( a) At a time limit, if marked, otherwise before entering the crosswalk on the rear
isnidteersecotfiont. he intersection or. if not, then before entering the highway or
( b)
( c)
At any point within an intersection as required by a stop sign erected therein.
Before entering a highway railroad grade crossing.
PRECAUTIONS AT RAILROAD GRADE CROSSING
Whenever any person driving a vehicle upon a highway approaches a railway grade crossing
and a visible and electric or mechanical signal device gives warning of the approach of a
railway train or car, the driver of the vehicle shall stop within 50 feet, but not less than 10
feet, from the nearest track of the railway but need not remain standing if he can proceed in
safety.
The driver of the vehicle shall likewise stop and remain standing and not traverse such a
grade crossing when a human flagman gives, or continues to give, a signal of the approach
or passage of a railway train or car.
The provisions of this paragraph shall apply to the operation of the following vehicles:
3.
4.
5.
6.
1.
2.
Any motor truck transporting employees in addition to those riding in the cab.
Any bus transporting employees.
Any bus transporting minors on any outing organized on a group basis.
Any vehicle carrying expl. osive substances as a cargo or part of a cargo.
Any tank vehicle whether loaded or empty,
Any vehicle transporting more than 120 gallons of flammable liquids or liquefied
petroleum 9, as in ~ ontainers having a capacity of more than 20 gallons as a
cargo or major portion of a cargo.
Before traversing a grade crossing of a railway or electric railway, the driver of any vehicle
described above, shall stop such vehicle not less than 10 nor more than 50 1eet from the
nearest rail of the track and while so stopped shall listen and look in both directions along
the track, for any approaching train or interurban car, or other vehicle using such rails, The
vehicle shall - remain standing while any train is moving toward the crossing and is close
enough to constitute an immediate hazard. Unless a train or locomotive is approaching, the
driver of a motor vehicle need not stop at any industrial or spur track unless it is determined
by the Public Utilities Commission that a stop should be made. In this case, distinctive signs
shall be erected where no stop is required. No stop need be made at any crossing where an
officer is on duty and directs traffic to proceed nor where a stop and go signal is in
operation and indicates that traffic may proceed.
page 4 of 11
- 29-
The driver of any vehicle, upon meeting or overtaking from either direction, any school bus
equipped with signs, as required in the vehicle code, which has stopped for the purpose of
receiving or discharging any school children and displays a flashing red light visible from
front and rear, shall bring such vehicle to a stop immediately before passing the school bus
and shall not proceed past the school bus until the red flashing signal ceases operation. The
driver of a vehicle upon a highway with separate roadways need not stop upon meeting or
passing a school bus which is upon the other roadway. The driver of a vehicle need not
stop upon meeting or passing a school bus when the school bus is stopped at an
intersection or place where traffic is controlled by a traffic officer or official traffic control
signal.
OTHER USERS OF HIGHWAY NOT TO BE ENDANGERED
No motor vehicle, except in case of emergency, shall be stopped, its speed suddenly
decreased, not its course or direction changed, unless the driver thereof shall have
exercised due caution to ascertain that such acts can be performed without endangering
other users of the highway.
VEHICLE MUST BE IN PROPER POSITION FOR MAKING TURNS
Upon aU highways, any right turn shall be made from a position which is as close as .
practicable to the extreme right side of the traveled portion of the highway. . Upon tWo- way
highways, any left turn shall be made from a position which is close as practicable to the
center of the traveled portion of the highway.
Upon one- way highways and upon highways on which the opposing streams of traffic are
separated by a dividing strip or zone, any left turn shall be made from a position which is as
close as practicable to the extreme left side of the traveled portion of such highways. In all
cases, turns shall be made with due caution, having due regard to the length of the motor
vehicle and any load thereon, the width of the roadway and other traffic. Before making
any turn, the motor vehicle shall be driven into the proper lane well in advance of the
intersection.
SPECIAL CARE IN OVERTAKING OR PA~ SING
No motor vehicle shall be driven past. a vehicle or vehicles proceeding in the sa. me direction,
unless there is ample visible space ahead to do so without endangering any other user of
the highway: if necessary, an audible signal of intention to pass shall be sounded. After
passing, the motor vehicle shall not be returned to the right side of the roadway until safely
clear of the overtaken vehicle or vehicles.
OVERTAKING MUST NOT BE PREVENTED BY SPEEDING UP
The speed of a motor vehicle shall not be increased to prevent being overtaken by another
vehicle attempting to pass.
PRECAUTIONS WHEN VEHICLE IS LEFT UNATTENDED
No motor vehicles shall be left unattended regardless of whether it appears to be on a grade
or incline after: ( 1) the parking or hand brake has been securely set and ( 2) the vehicles has
been placed in the lowest possible gear, reverse if headed down hill, low if headed up hill, in
the case of automatic transmission, in the PARKposition, or its wheels securely blocked and
( 3) all other reasonable precautions have been taken to prevent its movement while
unattended.
page 5 of 11
- 30-
VEHICLES WHEN STOPPED MUST NOT INTERFERE WITH OTHER TRAFFIC
No motor vehicle shall be stopped. parked or left standing, whether unattended or attended.
upon a traveled portion of any highway outside of a business or residence district, when it
is practicable to stop. park, or leave the motor vehicle off the traveled portion of such
highway. When conditions make it impracticable to move the motor vehicle from the
traveled portion of the highway. every effort shall be made to leave all possible width of the
highway opposite such standing motor vehicle for the passage of other vehicles. and care
taken to provide a clear view of such stopped motor vehicle as far as possible to the front
and rear.
EXTREME CAUTION REQUIRED UNDER HAZARDOUS CONDITIONS
Extreme caution in the operation of motor vehicles shall be exercised under hazardous
conditions; such as snow. ice. sleet, fog. mist. rain,. dust, smoke or any other condition
which adversely affects visibility or traction, and speed shall be reduced accordingly.
FLOODS: In case of extraordinary rains or high waters, vehicles shall be stopped in a
pr9tected and elevated location if possible. Before proceeding, driver must
ascertain that roadway. including bridges and trestles are safe.
OPERATION DURING FOG: Drivers encountering fog should reduce speed so that
vehicle can be stopped within the space of highway visible ahead of the
vehicle. In case of severe fog where visibility is such that continued operation
is hazardous. driver shall pull vehicle off highway until fog has lifted. In such
cases, lights shall be lighted and flares. fuses or electric lanterns placed in
manner prescribed.
LIGHT OR FLAG ON END OF PROJECTING LOAD
During the time when lights are required to be displayed, there shall be attached to the
rearmost extremity of any load which projects four feet or more beyond the rear of the body
of the motor vehicle or to any tail board or tailgate so projecting or to the rearmost extremity
of any load carried on a pole trailer. two red lights securely fastened thereto, which shall be
plainly visible for a distance of at least 500 feet to the sides and rear under normal
atmospheric conditions. At all other times, a 16'" square red cloth flag shall be so displayed.
. page 6 of 11
- 31-
Part Three
EQUIPMENT OPERATION
It is acknowledged that drivers in our service are experienced and capable operators;
however, there are certain operational procedures which the County's experience indicates
should be done in a specific manner. In all of these cases. the reasons for doing so may not
be self evident to the individual or may be considerably different to what a new employee is
accustomed to doing. If so, the application of the data outlined in this section will eliminate
errors, prevent accidents and increase your unit's life and efficiency.
EQUIPMENT TO BE IN GOOD WORKING ORDER
No motor vehicle. County owned or privately owned and used in County business, shall be
- driven for County business unless the driver thereof shall have satisfied himself and his
department head that the vehicle is in good working order and the following items have
been thoroughly checked using our operator equipment report.
A complete check of each vehicle is to be conducted by the driver each day. The crew
foreman shall Inspect all vehicles used by his department once a month and submit an
Equipment Inspector's Report to the office on each vehicle. The crew foreman should
inspect equipment approximately two weeks after the - Safety Inspector has - inspected the
equipment.
IDLING COLD MOTORS
Drivers must idle cold motors for not less than 3 minutes before starting on their runs.
Idling speed must be adjusted so that motor is operating at a fast idle. Motors must not be
raced under any circumstances. Excessive use of the choke must be avoided. Under no
circumstances may drivers leave the vehicle unattended with the motor running.
MOTOR SPEED
Internal combustion engines are designed to operate most efficiently and without damage at
a minimum and maximum speed in r~ volutions per minute. When a motor is operated in a
gear which turns the motor over below the minimum speed, it is being " lugged" and damage
to bearings will result. When a motor is being operated at a speed over the maximum for
which it was designed, it is being " overspeeded" and this practice likewise seriously
damages the motor.
Lugging principally occurs on hills or in starting and is due to improper gear selection.
Overspeeding can occur on down grades or on the level if the governor is not working
properly. A simple method of ascertaining if you are lugging your motor is to note if the
unit can pick up speed regardless of gear at full throttle. If it cannot, reduce gear ratio to a
point where you have reserve power.
BRAKES
Test brakes' immediately upon leaving and before attaining a speed of 10 miles per hour. If
any defect is discovered in a brake test which impairs safe operation. immediate repairs
should be made.
Drivers operating trucks or tractors equipped with air brakes shall not move equipment until
motor has run sufficient time to allow compressor to build up pressure registering from 90
to 120 Ibs. on dash gauge. Air tanks on units equipped with Air Brake Systems shall be
bled regularly to prevent accumulation of water in tank.
page 7 of 11
- 32-
Drivers will see to it that this is done at least once every 1000 mile service period.
Equipment operating in exceptionally call weather shall have tanlcs blown daily.
Constant check is" to be kept on air pressure gauge. Brakes will not release umil 40 Ibs. of
pressure is built up. Normal working pressure should not be permitted to drop below 70 Ibs.
If a check of the gauge reveals pressure has dropped. driver shall stop and make an
immediate check of air lines and compressor belt.
Vacuum and air hoses must be handled with care and not allowed to come in contact with
dirt or dust when uncoupling or coupling, as the suction will pull foreign matter into the line
and valves.
page 8 of 1:
- 33-
-- -------------
Part Four
HANDLING OF ACCIDENTS
All personnel must" be familiar with the following instructions on the handling of accident
reports:
DUTIES OF DRIVER IN CASE OF ACCIDENT
All accidents, no matter how minor, must be reported. Failure to report all accidents
immediately will be considered groun, ds for disciplinary action.
Drivers involved - in accidents must not, under any circumstances, make admissions as to
negligence or liability.
Drivers are not to authorize repairs or to offer to personally pay damages.
Refer all claimants to your Department Head.
Sign no statements and do not discuss the accident with parties not officially connected
with the County of Mariposa or the Highway Patrol.
The driver of any motor vehicle involved in an accident resulting in death, personal injury, or
property damage, shall forthwith stop at the scene of the accident and remain there until he
shall have ( a) rendered all possible assistance to injured persons; and ( b) give to other party
involved, his name and address, the name and address of his employer, and his vehicle
registration number. He shall take all reasonable precautions to prevent any further
accidents at the scene.
As soon as possible after the accident, the driver shall report all details of the accident to
his employer on the Reid Report form contained in the vehicle.
WHAT TO DO IN CASE OF PUBLIC LIABILITY
OR
PROPERTY DAMAGE ACCIDENTS
If you are involved in an accident in which there is death, injury or property damage, you
are required by law to stop immediately and:
1. Give to the other party your name and address, the County's name and the
license number of the vehicle you are driving.
2. Show the other party your license if requested.
3. Render any injured person reasonable assistance including conveyance of an
injured person by ambulance to a doctor or hospital if in apparent need of
treatment.
Do not attempt to move an injured person unless absolutely necessary until an
ambulance crew or doctor arrives and examines injured party. If the other
vehicle involved is unattended, you must stop immediately and:
4.
( a) Then and there locate or notify the owner or:
page 9 of 11
- 34-
leave in a conspicuous place a written notice giving your name
and address and a statement of thecircumstances and, in
California, send a similar notice to the County Sheriff or California
Highway Patrol Office. In addition to the foregoing, you must:
In California, report to the Department of Motor Vehicles, or any branch
thereof, all accidents resulting in injuries or death within 24 hours after such
accident. The report is to be submitted on the Division of Motor Vehicles
Accident Report Form. If inside incorporated city limits, make report to local
law enforcement body immediately.
( b)
REPORTING ACCIDENTS
PUBLIC SAFETY, PROPERTY DAMAGE, FIRE, THEFT
All accidents, of whatever nature or extent, are to be reported by you to your Department
Head on the insurance carrier's accident report form as soon as possible after occurrence.
For your convenience in taking down data at the scene of the accident, a field report form is
furnished. A copy of this form is to be kept in each vehicle and is to be filled out in detail
immediately. Accident report forms are to be filled out completely and in detail and signed
by the driver. Give name of all passengers and state damage even if slight. If no damage,
write in the word " none." Numbers of all equipment involved is to be shown on card.
GET NAMES OF WITNESSES IF POSSIBLE
Estimate, in dollars, the extent of the damage.
If accidents result in injury or death or damage is great, advise your Department Head or
office by telephone.
COMMUNICATIONS REGARDING ACCIDENTS
If you receive letters or are served papers as the result of an accident, send them
immediately to your Department Head. Make a note of the time, place and date of receipt
of the service and furnish him with any documents served on you.
EDUCATION PROGRAM
( a) Upon adoption of this program, general safety meetings shall be held in all
departments so that safety program may be fully explained.
General safety meetings should also be held at various times to discuss accident
trends and methods of relief. Also, to explain various charts and analytical data
which will be made available. These charts may be posted on bulletin boards.
( b)
EQUIPMENT MAINTENANCE
( a) Drivers must report to their Department Head or supervisor any mechanical troubles
or failure at once either upon leaving or checking in, on our operator's equipment
report. Verbal reports will not be accepted.
Drivers must also, upon first taking our equipment, carefully inspect conditions of
same, note any damage which is apparent, and if found damaged or defective in any
way. note on report form and give to Department Head or supervisor in charge.
( b)
( c) Department Heads or supervisors shall immediately report any mechanical troubles or
failures to the Fleet- Fiscal Manager who will arrange for replacement with alternate
vehicle.
page 10 of 11
- 35-
Part Five
1.
Safe Operations:
Prior to' commencing the day shift, every operator of a piece of equipment will
check his equipment and fill out and sign equipment operators report.
2. If in the opinion of the operator, something needs attention to avoid possible
damage to the machine or danger to the operator, the equipf! 1ent shall not be
used until such defect is corrected and the repairs noted on the Equipment
Operators Report.
If the' operator is in doubt as to possible existence of a defect that would affect
the safety of either the operator or the equipment, such equipment shall not be
used until said machine is cleared by a shop mechanic or crew foreman. The
foreman or mechanic will fill out and sign an Operators Equipment Report
noting his findings and repairs if required.
3.
4. County Road Division personnel traveling to a job site and observing a potential
hazard to the traveling public, will stop and make every effort to make the
hazard safe. In the event the hazard cannot be removed, the employee will
clearly mark the hazard so as to be apparent to the traveling public and report
immediately to the office or some employee who can remove the hazard.
page 11 of 11
- 36-
l\' laripos., County Sheritrs D~ parlmenl
GE~ ER-\ L ORDER89-" DATE: MARCH 16.1989
R~ vised: J: mu: u- y 22, ! OO~
'!' DE:".: AS: Ride- AICll1g PrQcedure
RIDE- ALONG PROCEDURE
A. To ~ smbli, ill guid:: line~ regulating situation." in which person." otl~ r that Sheriffs Depanment personnel
ride- alQng ' With on- duty Sherin,:; Department personnel operating county vehicle..;.
B. To acqu: Jint Plivate citizel1~. government officials, members of the press, and Peace Offic~ from allied
I; lwenforcemcnt agencies with the fidd operations of the depanment.
I. Ride- along." are for obsel"". nion purpose,; only. to provide: insight into lite actn'ities and
rc,.. ponsibilities of the depamnent and n's personnel. M: Jny people are not prepared to confront the
serious hazards otten eocountered by law enf'Orcement officer.;. As a result, il is in the best intereSL~
orthe depamnent and the public that ride- alongs not be encouraged l'Orindividuals without a
specific need t( l obsel"'' C department fields.
11. Ddinition.,
A. A ride- along is defined 3." \\ ri1enan individual, other that a department employee, is allowed to ride as an
ob;; crving passenger in a department vehicle with an on- duty employee.
" I. Gcncr. 11
"-\. This urdcr does nol apply to departmentally approved ride-: Jlongs ( reserve ride- along.~. dispat:: h
oricnlation. etc.) or when emergency condition renders the provisions impracticaJ.
13. Ride- along reque: iLS fQnn private citizens without a specific need to obselVe departmental field operalion
shall not be approved.
C. Ride- a/ ongs by P~ acc Otlicers from other allied law enforcement agencies, judges, district attorneys,
clc: cledo/ licial: i, the news media. etc. may be pern1ittedwith the approval oflhe Dh'ision Captain or
hi,;: 11cr designee.
D. .'\ 11ride- along. o; who are :; ubjeetto the provision of this order shull read and sign this department's ride.
along waiver of liability.
E. Hide- alon!! s under Ihe age of eighteen years an: nol encouraged and shall not, under 1110stcil" CulIlstances.
be apprcl\' ec.
I. On any l) ccasion when a rid~- along under the age of eighteen is appro\' Cd. the paren: or guardian or
said ridc:- alongshall read and sign. along \\, ith the ride- along. the waiver of liability.
I\'. Pr(. c: ctbrc
:\. ( j.: nc: rni
I. Ride- a! ongs shall not be allowed unti: approval is obtained from a Oh'ision Capt~ in, the
UndersheriiT. or the Sherif!:
- 37-
MARIPOSA COUNTYSHERIFF'S DEPARTMENT
WAIVER OF LIABILITY
In consideration for being permitted to ride in a Mariposa County She~ iff's
Department vehicle the undersigned assumes all riSKS for damage or loss either
to person or property from all and every cause. including negligence. violation
of law. or willful misconduct on the part of the Mariposa County Sheriff's
Departmen~. its officers, employees, or agents during such ride or as an incident
thereto. or in connection therewith, it being the understanding that the County
o~ Mariposa, the Mariposa County Sheriff's Department, its officers. employees,
or agents, incur no liability or obligation to the undersigned, his/ her heirs.
successors or assigns other than to permit his/ her to ride in such vehicle at
such times as may be mutually agreed upon. This waiver applies to each and
every ride which the undersigned may take in a Mariposa CountySheriff's De-partment
vehicle.
NAME:
IprlntJ
ADDRESS:
PHONE:
S! GNATURE:
DATE:
W: TNESSEDBY:
ADDRESS:
APPRGVEDBY :
DATE:
- 38-
f\. bripos., County SheritTs Department
!. B; ls~ d on th~ ,'~' ational n~ cds of the dt.- parIl1lenl. limitations may be imp~\" ed (\ 0 a ride- ailing 111
Icnl1." ., 1' duration. 1. X'alion. allowable r.::; pon", c to \'; lriC'U.<~'- pes of incidcl1! s. etc.
~. Ride- al,' ng panidpant,. " h.., 11wc: u' appropnate allire as m.., y be dClemlined by the on- duty sluti
~ lIp~ f\. i~() r.
~. Rid~-" I~) ng panidp: mls shall be bridcd on Ihe r(\ Uline tasks and duties of p: urol dcputies (( 1prcpan:
the rider for situ: uioIL'i that may be cm: ouDlcrcd.
5. The r.' k ., fa ride- along particip: Ull should be thai of an ob", erveronly. and Ihe panicip.. nl'~
in"" h'emcnl in any sinlalion shall be limited 10actions .: s.." colialto officer safcly.
6. Dcputi~ shall exercise due care when detennining the localion or position of a ride- along
panit: ip: lnt during a rouline traffic stop or olher incidenr ( e. g., scared in the vehicle. standing a\ II: I)'
rrom: 1n colcrgency scene in a sate location. etc.)
7. A dcput), who ha,; a ride- alQng participant and is assigned to a hazardous sitUationshall immediarely
ensure rhal hiS/ lt!: rimmediate : iUpervisorand the dispatcher are notified.
I. In such sitUalions deputit.- s shall gi\ Ie serious con.' iideration to dropping Ihe ride- along
participanr al a safe local ion and relum for the individual after the incidenl has been conclud.: d.
:!. Dispulch shall be notified on any occasion when a ride- along participanl is dropped off
according 10 Ihe provision.' i of Ihis order.
S. :\ waiver ofliabililY shall be signed by all non- dcpanmem employee ride- along participanls prior 10
;) ride- along.
B. Pe: lce Otticer Ride- Alon!! s
I. The provision.' i conlaincd in Seclion IV " A" of this order shall apply 10 Peace Officer from allied
law enforcemenl agencies.
2. I) t: ac~ Officen ITem allied law enforcemenr agencies shall bave approval from a penon of proper
aUlhoriry prior 10 a ride- along with this department if they are to be armed.
a. Such approval shall be vcrified al the time rbe waiver ofJiabilily is submiued and such
verification shall be noted on the waiver ofliabilily.
3. E.'\: CCplfor tho~ cmplo)' Ct.." Swirhin an agency who wear eh'ilian auire while ' working. a supervisor
may require ann.: d allied law t: nforccmcnt officcrs 10 \\ Icar eilher uniform or appropri3le civilian
auire during Iheir ride- illong.
. J. Ridc:- alongs from allied law ~' 11fl'rco:: mcntagencies s!-. all be ad\' lsed thai Ihey arc obsef\' ers only and
Ihal im- oh'cmcnl in any Situalion shall be limited 10 aclion which is CS, o; entialto olliec: r safcIY.
~~ ~
Jamt.- s~ ii~~' SIIl:' rilr Coroner Public Admini,; tralt.' r
- 39-
Findings, Recommendations and Actions
Case # 2- Nepotism
Nature of Complaint: A member of the public at large was concerned that spouses were
working in the same county department with one of them employed as the head of the
department.
Findings:
The area of concern is the same department and the same situation as found in the " 2002-
2003 Mariposa County Grand Jury Final Report", page 9. The previous Grand Jury
investigated and found the Mariposa Nepotism Policy was as strict as it could be under
California Law. Further, changes were made in that office so the spouse reported to a
supervisor other than the department head spouse. It was concluded at that time that the
individuals were in compliance with State law, County ordinances and policies.
Recommendations were made for the County Personnel Director to ensure all county
employees were infonned about the nepotism policy.
Each Grand Jury is required to make its own independent investigation of complaints and
cannot rely on investigations and/ or conclusions of a prior Grand Jury. Either the current
Grand Jury may reject the current complaint due to its already having been the subject of
a Grand Jury inquiry or it may open a new investigation.
Due to the recurring theme of this complaint, the possibility of wider effects in other
county offices, and some questions about the documentation from the prior year's
investigation, a new investigation was undertaken.
Actions:
Documentation from the prior year was reviewed and a follow- up inquiry of the affected
office was perfonned and it has been determined that the changes have, in fact, taken
place.
Thomas P. Guarino, County Counsel for Mariposa County, was contacted to review the
current Mariposa County nepotism policy, State law, give advice about the ability of the
Board of Supervisors to change the nepotism policy and to comment on a hypothetical
situation concerning spouses working in the same department. Mr. Guarino's response is
attached, along with copies of the following documents:
Mariposa County Nepotism Policy
California Code of Regulations, Sections 7292.4 and 7292.5
- 40-
Letter from JeflTeyG. Green, ( former) Mariposa County Counsel, dated
February 27, 2003
Response from Ken Hawkins dated August 18, 2003
Conclusions:
The Grand Jury concludes that the department in questioned is in compliance with State
law and with the Mariposa County Nepotism Policy.
The Recommendations of the 2002- 2003 Grand Jury in this regard, if they are followed,
are sufficient regarding the issue of nepotism.
However, members of this Grand Jury raised collateral issues regarding family members
working in the same county office as affecting employee morale and possibly creating a
hostile work environment. While there is not currently a complaint before the Grand Jury
about these issues, we feel they are serious and should be addressed by the County
Personnel Director.
Recommendations:
I. The Mariposa County Board of Supervisors, Chief Administrative Officer, and
Personnel Director should make readily available to each county employee a copy of the
nepotism policy.
2. The Mariposa County Board of Supervisors, Chief Administrative Officer, and
Personnel Director should have a procedure in place whereby an employee can make a
confidential complaint about hostile work environments and/ or office morale and insure
that each county employee is infonned as to this procedure.
- 41-
OFFICE OF
JEFFREY c. CJU! EN
Count; y Counsel
( 209) 966- 3222
P. O. Box 189
M8iposa. CA 95338
FAX( 209) 966- 5147
QI~ e QIuuut! 1 aIwntsel
MARIPOSA COUNTY
February 27, 2003
Nonn Ross, Grand Jury Foreman
Mariposa County Grand Jury
P. O. Box 789
Mariposa. CA 95338
CONFIDENTIAL
Re: Nepotism
Dear Norm:
Thank you for your letter that I received on February 2S, 2003 regarding the
above matter. I am enclosing for your review a copy of the Mariposa County Nepotism
Policy, i. e. Mariposa County Board of Supervisors Resolution No. 86- 79. At the time of
the adoption of Resolution No. 86- 79 it was my opinion that the Policy CODtainedtherein
was as striCt as the County could make it and still be consistent with California State
Law, including Department of Employment and Housing Guidelines and Regulations.
As a resuit of receiving your letter. I reviewed the existing law and have found no
changes that would alter my opinion that the Nepotism Policy is as strict as allowed by
state Ja. w. Also enclosed is a copy of my memorandum dated Febnwy 5, 1990 to the
Mariposa County Operations Committee relative to this matter and a copy of California
Code of Regulations. Title 2, Section 7292.5 which deals with employment of a spouse.
Should you have any additional questions regarding this matter. please feel free to
contaCtme.
Very truly yours,
~ A Jeffrey G. Green
County Counsel
rs
encUas stated
- 42-
Ol. flCEOI.
Thomas P. Guarino
Co1DltyCounsel
( 209) 966- 3222
P. O. Box 189
Mariposa, CA 95338
Fax ( 209) 966- 5147
E- mail: tguarino@ mariposacounty. org
' CEIy!? illaunt~ ([ ouns21
MARIPOSACOUNTY
February 25, 2004
Robert Benson, Foreman
Mariposa County Grand Jury
P. O. Box 789
Mariposa, CA 95338
CONFIDENTIAL
Dear Foreman Benson:
I have in hand and have reviewed your letter of January 12, 2004 which I reviewed for the first time
on February 24, 2004. It appears the first one you sent did not arrive or was lost in dJe transition.
The issue of the County's Nepotism Policy was reviewed last year by the County Counsel's Office at
the request of then Foreman Ross. I am enclosing a copy of the February 27, 2003 response. I have
reviewed cuuent case law since lite February 27,2003 opinion by County Counsel and am in agreement
with that opinion.
( am also providing copies of the currenl California Code of ReguJations, Sections 7292.4 and 7292.5
by way of example ofthc state restrictions on nepotism policies.
With respect to your specific questions I have the following responses:
I. While state law ( imits the Board of Supervisors ability to enact ordinances in this area, the Board
is not " powerless" to make some changes. These changes would however be resbicred by both California
State law, for example the California Fair Employment and State and Housing Act and Federal
ConstitUtional Considerations.
2. Hostile work environments and morale issues are separate from nepotism policy limitations
Hostile work environment claims are based on case law and statute.
3. With respect to the hypotheticaJ sct: l1ario you raise, J am not sure the Nepotism Policy is the
issue- The Board can change the Policy; however, my opinion is the current Nepotism Policy is about as
sbict as allowed by law at this time.
r hope this information assists your review.
Very truly yours,
~' 1~. Thomas P. Guarino
County Counsel
TPG/ rs
end/ as staled
-. B-
MARIPOSA COUNTY RESOLUTION NO. 86- 19
ADOPTING A POLICY REGARDING NEPOTISM
WITHIN COUNTY DEPARTMENTS
WHEREAS,. it has been brought to the attention of the Board
of Supervisors that some public concern has been expressed
regarding hiring members of the same family by the County, and
WHEREAS, the County is restricted by State law in terms
totally prohibiting such employme~ t, and
WHEREAS, the Department of Fair Employment and Housing of
the State of California has adopted certain regulations regarding
employment of family members, and
of
WHEREAS, the Couty desires to adopt a policy that is consis-tent
with State law;
NOW THEREFORE, BE IT HEREBY RESOLVED by the Board of Super-visors
of Mariposa County as follows:
1. A County appointing authority described as a
Department head, and/ or authorized designee, an elected official,
or quorum of a body fully empowered to make apPOintments to posi-tions
in County service, shall not employ his/ her father, mother,
brother, sister, wife, husband, or child, or the wife or husband
of such relative within the Department.
2. Employees shall not be appointed to positions
wherein they will directly supervise, or be directly supervised
by members of their families as cited in Paragraph 1, above.
3. This policy will apply to all part- time,
help, contractual, and regular full- time employees.
4. Any employees appointed or hired in contravention
of this policy shall be subject to ~ ediate release from County
employment by the Board of Supervisors, regardless of the ap-pointing
authority.
extra-
5. This policy shall become effective
of this Resolution.
upon adoption
PASSED
County this
lowing vote:
AND ADOPTED by the Board of supervisorsof Mariposa
4th day of March , 1986,. by the fol-
AYES:
NOES:
. ABSENT:
. ABSTAINED :
BARRICK.
NONE
DALTON
NONE
ERICKSON. RADANOVICH. TABER
~-)- h. l;',£" f4.. . i \? A:~ A,-. l. v- l-€. k . ,7
BEVERLY B~, Chairman
Board of supervisors
- 1-
- 44-
ATTEST:
MC CARTHY, County Cl
Ex Officio Clerk of the Bo~
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
- 2-
- 45-
10fiDOCUMENT
BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS
Copyright Q 2004 by Barclays Law Publishers
All rights reserved
. THIS DOCUMENT IS CURRENT THROUGH REGISTER 2004, NO. 6, FEBRUARY 6, 2004 .
TITLE 2. ADMINJSTRA TION
DIVISION 4. FAIR. EMPLOYMENT AND HOUSING COMMISSION
CHAPTER 2. DISCRIMINATION IN EMPLOYMENT
SUBCHAPTER 7. MARITAL STATUS DISCRIMINATION
2 CCR 7292.4 ( 2004)
It
§ 7292.4. Pre- Employment Practices
( a) Impermissible Inquiries. It is unlawful to ask an applicant to disclose his or her marital stanis as part of a pre-employment
inquiry unless pursuant to a pcnnissible defense.
( b) Request for Names. For business reasons other than ascertaining marital status, an applicant may be asked
whether he or she has ever used another name, e. g., to enable an employer or other covered entity to check the
applicant's past work record.
( c) Employment of Spouse. It is lawful to ask an applicant to state whether he or she has a spouse who is presently
employed by the employer, but this information may not be used as a basis for an employment decisioD except as srated
below.
AUTHORITY:
Note: Authority cited: Section 14I8( a). Labor Code. ( Section 12935( a). Government Code.) Reference: Sections 1411,
1412, 1420, Labor Code. ( Sections 12920, 12921. 12940, Government Code.)
- 46-
10fiDOCUMENT
BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS
Copyright C 2004 by Barclays Law Publishers
All rights reserved . THIS DOCUMENT IS CURRENT THROUGH REGISTER 2004, NO. 6, FEBRUARY 6, 2004 .
TITLE 2. ADMINISTRATION
DIVISION 4. FAIR EMPLOYMENT AND HOUSING COMMISSION
CHAPTER 2. DISCRlMlNA TION IN EMPLOYMENT
SUBCHAPTER 7. MARITAL STATUS DISCRIMINATION
2 CCR 7292.5 ( 2004)
§ 7292.5. Employee Selecrion
( a) Employment of Spouse.. An employment decision shall not be based on whether an individual has a spouse
pn: scntly employed by the employer except in accordance with the following criteria:
( I) For business reasons of supervision, safety, security or morale, an employer may refuse to place one spouse
under the direct supervision of the other spouse.
( 2) For business reasons of supervision, security or morale, an employer may refuse to place both spouses in the
same department. division or facility if the work involves potential conflicts of interest or other hazards greater for
manied couples than fur other persons.
( b) Accommodation for Co- Employees Who Many. If co- employees marry, an employer shall make reasonable
efforts to assign job duties so as to minimize problems of supervision, safety. security, or morale.
AUfHORlTY:
Note: Authority cited: Sedion 12935( a), Government Code. Reference: Sections 12920. 12921 and 12940, Govcmment
Code.
HISTORY:
I. Repealer and new section filed 6- 20- 80 as 3Demergency; effective upon filing. Certificate of Compliance included
( Register 80, No. 25).
2. Editorial correction of NOTE ftled 4- 23- 82; designated effective 6- 1- 82 ( Register 82, No. 17).
- 47-
MARIPOSA COUNTY AUDITOR
posr OmCE BOX 729
4982 10THSTREET
MARIPOSA, CALIFORNIA 95338
Ken Hawkins. County Auditor
Christopher Ebic, Asst. Auditor
Office 109- 966- 7606
Fax 20~- 966- 7810
E- mail:
auditon@ siemttel. com
August 18. 2003
Honorable F. D: 1naWalton
Presiding Judge of the Mariposa Cou~' Superior Coun
5088 Bullion Street
PO Bo" 28
Mariposa, CA 95338
Re: Additional response ( 0 Grand JUl}' Repon for fiscal year 2001- 03 ( nepotism)
Dear Judge Walton.
r have reviewed the finding.') of the Grand Jury reg. 1rding C: lse # I - Nepoti!' m Concerns. and the follo\\ ing
arc fDJ'comments:
My understanding is that the Supervising Appraiser is prtn iding direct supmision of me related employee
( wife orlbe dcpartmeDt head). and that the Supenising Appraiser will be signing and raic\\ ing the
timeslteer mbmiUed by the wife. The Auditor's Ofr1Ce,,; 11 f'a- ie\," tile timesheet submitted eacll m( 1nthto
ensure 11mtile Supervising Appraiser is ,- eri(\" ing and signing ( appro,' ing) submined time sheets,
In theory and as indicated by Jeff Green's Letrer ( CowlSCl) to the Grand JUI)' Au", OUSt. 2J0, 03. the COUDI)'
bas satisfied personnel rules in accordance \\ ith State of California Emp1~- ment and Housing Guidelines,
HOU'I: VCtrh. e filet remains that in a sman office ~ cft ; ISthe Assessor. the " iCe of the Assessor is
perfiHmiDga lead position in the office requiring supen- ision ~. the depanment head. No amount of paper
shuftling, or timesbeet signatures \\- ill change that fact. Nor does the fac1 that the ckpa. ttw~ uthead, who is
Jaidy in office. change the need that in a propcrl}' functioning office.. he would be pnniding a[ least p: utial
supervisiODto his wife's position. Due to the fact that the " ire ofthc depanmcII1 head is directing
employees in the office. leaves little roam for emplo~' ees to ~. oicetheir concerns to the dcpamnent bead
that would routiJJeJybe addressed by the depranmcnt head. As a resuJL morale in the office has suffered.
Knowing that a DCpOtismissue would dcvelop. the Board of Supcnisors could probably ba,,~ 3\- ertcd the
issue by appointing an independent and unencumbered c: mdic: tJteto fill the UfIe.'- piredterm of the departing
Assessor. ~ MariJn: a County Auditor
cc: Rich Inman. County Adminisuative Officer
~ FV- i~ Dana: W I: on.
Presiding Judge
KH: 1ch
- 48-
Findings, Recommendations and Actions
Case # 3: Yosemite West Community Planning Advisory Committee
Nature of Complaint: A multi- part complaint was received about the Yosemite
West Community Planning Advisory Committee ( hereinafter called " Yosemite West")
which included:
1. Adherence to Mariposa County Code Chapter 2.50.100, copy attached,
including but not limited to:
A. Inadequacy of notices of meetings
B. The make- up of the committee.
C. The unavailability of minutes of meetings.
2. Changing the designation from a " Special Plan" to " Specific Plan" and did
this have any significance in regards to the California Environmental Quality Act or
General Plan.
3. Adherence to Res. 2003- 385, adopted Oct. 21, 2003, copy attached.
Other complaints were received concerning these same issues in regard to other planning
action committees. The unavailability of minutes at subsequent meetings of planning
action committees, as well as those of the Board of Supervisors, was a common
complaint.
Actions:
Review of the complaint and supporting documents.
Review of the Planning Department website, which contains information on meeting
dates, agendas and minutes.
A letter was sent to the Board of Supervisors with questions concerning this complaint.
Sarah Williams, Interim Director of the Planning Department, responded and the
response was reviewed. A copy of the response is attached.
Interview with the District Attorney regarding inadequate notice.
Findings:
Inadequacy of Notices of Meetings:
Unfortunately, there was not sufficient time to adequately research each and every notice
for each meeting. The thrust of the complaint was that not all notices were timely
- 49-
published in the Mariposa Gazette and that notices required to be posted in local places
were done so only as a courtesy by committee members, as they didn't understand that
posting was mandatory. The complainant has copies of some Gazette notices and
prepared a list by date of publication and meeting date which showed some meetings
received only 12 days notice. Due to time constraints, Grand Jury members did not look
at each issue of the Mariposa Gazette published over the last year and a half.
Bob Brown, the Mariposa District Attorney, counseled that even if the complainant's
statements concerning the legal deficiency of the notice, there would probably not be a
violation ofthe Brown Act which governs public meetings. The meetings were held in
public and notice was given, even if 12days instead of the legally mandated 14days. He
opined that the acts ofthe various governmental bodies would be up- held in a court of
law.
Make- up of Committee:
Under Resolution 98- 210 establishing Yosemite West on June 9, 1998, the committee
was required to be made up of
A.". . .9 members. All members shall either reside or own property within the
geographic boundaries of the Yosemite West subdivision. The members must maintain
these qualifications for their entire term.
B. Members of the Community Planning Advisory Committee are to represent a
cross- section of the community.
C. If any member of the CPAC misses two ( 2) consecutive scheduled meetings,
without a valid excuse, then that person shall no longer be deemed a member of the
CPAC and the Board of Supervisors shall initiate proceedings for filling a vacancy."
Resolution 2003- 385, adopted October 21,2003, replaced Resolution 98- 210 and also
adopted Ordinance 2.50.100 to govern the make- up a governance of the Committee.
Ordinance 2.50.100 gives authority to a majority of the Board of Supervisors to appoint
committee members to staggered 2 year terms ITompeople who own property, own a
business, are employed by a business, registered to vote or are residents within the
geographic area affected.
The specific complaints are-
I. There are many absentee property owners in Yosemite West and that this category of
individuals is under represented in the make up of the committee.
2. Several committee members over the past several years have missed 2 or more
consecutive meetings without valid excuses and in some cases without notifying the
chairperson in advance. And, without minutes prepared and available on a timely basis,
it is impossible to track these absences.
3. The ultimate decision as to who serves on a Planning Action Committee is in the
- 50-
hands of the Board of Supervisors and the Grand Jury does not have the authority to
question the fmal decision. However, the Grand Jury does have the right to question the
selection process.
Preparation of minutes:
The appearance of governance is almost as important as the governing itself. We have
open meetings in order for the public to be able to watch and participate in the decision
making process. One important aspect of such participation is to be able to read about
what has gone on before. This is the purpose of minutes. At the present time, there
seems to be directions for the planning department to take and keep minutes for planning
advisory committees, but it is not mandated that those minutes be written up in a timely
manner for distribution to the public, or indeed, to the very members of the boards and
committees which must rely on notes to keep track of their actions tTommeeting to
meeting. The same can be said about the Board of Supervisors, who don't routinely have
minutes of meetings timely prepared for the next regularly scheduled meeting.
Specific Plan vs. Special Plan Designation
When the Yosemite West Community Planning Advisory Committee was first
established the original resolution 98- 210 referred to " developing a specific plan for the
Community of Yosemite West". Resolution 2003- 385 in conjunction with the General
Plan up- date process replaced Resolution 98- 210 and designated the Yosemite West
Planning Advisory Committee, re- named, " is established to ( 1) prepare and recommend a
Special Plan..." and is so designated under the County of Mariposa General Plan- Draft
version April 4, 2003.
Sarah Williams has explained the difference between a Specific Plan and a Special Plan
in her letter, attached.
Recommendations:
1. The Board of Supervisors adopt by- laws for Planning Advisory Committees within 60
days.
2. The Board of Supervisors and the Planning Department should adopt standard rules
regarding the creation of minutes for each and every department and agency required to
take and keep minutes.
3. The Board of Supervisors and the Planning Department should have written minutes
available at the next regularly scheduled meeting for approval and adoption.
4. The Board of Supervisors should carefully monitor the make- up of the committees
they appoint to insure they represent all categories of property owners within a planning
area.
5. The Board of Supervisors should have, in effect, a monitoring system to insure their
appointees are carrymg out their duties, including not missing meetings.
- 51-
MEMORANDUM
Date:
March 29, 2004
To:
Mary Hodson, Deputy CAG
Sarah Williams. Interim Director
Infonnation for Grand Jury Inquiry Regarding Planning Advisory Committees
From:
Topic:
Attached is information regarding the specific questions listed in the Grand Jury
correspondence to the Board of Supervisors dated March 8, 2004. To prepare this
response, I reviewed:
MariposaCountyCode, Chapter2.50 MariposaCountyPlanningAgency, Section2.50.100
PlanningAdvisoryCommitteesestablished
TheRalphM. BrownAct ( the BrownAct), CaliforniaGovernmentCodeSections54950- 54962
MariposaCounty Resolutionsestablishingcommunityplanningadvisorycommittees, including
ResolutionNo. 03438 ( CatheysValley), ResolutionNos. 88
173 and 89- 588 ( Coulterville), ResolutionNo. 03- 383 ( EI Portal), ResolutionNo. 0096 ( Fish
Camp), ResolutionNo. 03- 386( GreeleyHill), ResolutionNo. 98- 197( Wawona), andResolution
No. 03- 385 ( Yosemite West).
Question 1:
Minutes of each meeting of each Planning Advisory Committee are supposed to be
prepared by either a secretary appointed by that committee or by the
planning departmentfrom tape recordings. Under normal parliamentary
rules, the minutes of a meeting would be read and approved at the next meeting of that
committee. Apparently, this does not happen. And, copies of minutes are not always
availablefor thepublic at the meetings. Please address these issues in your response.
Response:
Page 2 of 4 . March 29, 2004
Minutes of each meeting are prepared by either a secretary appointed by the committee
from the committee members, or by the planning department staff person attending the
meeting. The decision to appoint a secretary lies with the committee.
I am not aware of a county ordinance or resolution which establishes a requirement that
the minutes of a meeting must be read out loud at the next meeting of a committee, or a
requirement that specifies parliamentary rules to follow in the conduct of committee
meetings.
- 52-
I am not aware of any requirement in the Brown Act which establishes a requirement that
the minutes of a meeting must be read out loud at the next meeting of a committee, or a
requirement that specifies parliamentary rules to follow in the conduct of committee
meetings.
The most recentlyadoptedresolutionsfor the communityplanningadvisorycommitteesrequire
thatthe committeesusethe standardby- lawsfor PlanningAdvisoryCommittees
whenadoptedby the Boardof Supervisors, howevertheseby- lawshavenotyet been
adopted.
I can confirm that the minutes are not read out loud at meetings, prior to action by a
committee. Relative to review and action on minutes, the conduct of committee meetings
IS
very similar to the conduct of a Planning Commission or Board of Supervisors meeting.
Staff typically carries extra copies of agendas, minutes, and items to be discussed by the
committee to committee meetings for distribution to public. I cannot confirm that this
always occurs for each committee meeting. I cannot confirm that there are always enough
copies available for each person attending a meeting to receive their own copy.
Question 2:
Can individuals request to be on a mailing / ist to receive copies of the minutes? If so, is
there a fee charged? If it is possible for someone to request copies be mailed to them,
how are they informed they have that right?
Response:
An individual may request inclusion on a mailing list to receive agendas and minutes of a
committee. There is no fee charged.
Relative to providing notice to the public of this right, I am not aware of any formal
written notice which exists. Information is provided verbally at meetings, always at the
first
organizational meeting of the committee. Information would be provided verbally, if an
inquiry were made at a meeting or if someone made an inquiry to any planning staff
member.
Question 3:
Notice of each meeting is supposed to be given " not less than 14 days prior" to the date
Q{ the meeting by a variety of methods and in a variety of locations.
Reading the Mariposa Gazette, clearly published notices are not always given at least 14
days prior.
A. Who monitors that notices are timely given by both posting and
publications ?
B. It appears the code section requires 14days notice of each method
stated
C. What is the effect on the validity of a meeting if proper notice has been
given by less than all methods setforth in the ordinance? For example,
posted in 2 places on time, but not in the others or published in a timely
manner?
Page 3 of 4 . March 29, 2004
Response:
SinceJune, 2000, MariposaPlanninghas run a largenewspapernoticeeveryotherweek
- 53-
in the Mariposa Gazette. The notice is typically 8Y2 inches by 20 inches in size. One
entire section of the notice is devoted to advisory committee meetings.
I am not aware of any Mariposa Gazette Planning Notice which did not provide the
minimum 14 days notice, although we will check our notice records if we are provided
with a specific meeting which may have not been noticed properly. We do continuously
run notices of meetings until the meeting occurs, so there may be ( second or third)
notices
which appear within 14 days of a meeting.
The Mariposa Planning notice which runs every other week in the Mariposa Gazette is
prepared by all planning staff using a template on our shared drive, because each staff
person is responsible for their project's and committee's notices. Senior Planner Bill King
and Deputy Director Sarah Williams typically review and edit the final Mariposa
Planning notice prior to sending it to the Mariposa Gazette, so they are ultimately
responsible for timely notices.
Office Technician Shari Allen is responsible for mailing out the posted notices, although
we rely on designated community members to physically post the notices in the
community or
at the meeting location.
I wouldconcurthat MariposaCountyCode § 2.50. IOO. Hrequiresthe 14day noticebe provided
bypostingand publishingat all of the listed locations.
Because the notice requirements are specified by ordinance, I believe that one could
successfully challenge the validity of a meeting which was not noticed in all of the
required
locations. The remedy would be to conduct the meeting again, with the proper notice.
This would be at a cost to the county, advisory committee members, and the public. I am
not aware of any staff member intentionally scheduling a meeting without the proper
notice.
Question 4.-
The language of the resolutions creating Planning Advisory Committees have cited
both " specific plans" and " special plans" as the goals of the committees. Is the term
" specificplan" being used in the resolutions as defined in the State
law of general plans and CEQA ( California Environmental Quality Act), or
Page 4 of 4. March 29, 2004
does it have some other meaning? Does the Board use these two terms interchangeably
or do they each have a different meaning and intent?
Response:
The terms specific plan, special plan and community plan all have different meanings.
These are all planning tools, which are used to achieve different objectives, depending
upon the community.
The term " specific plans" as used in the resolutions is as defined by the State Planning
and Zoning Law as found in California Government Code, Title 7 Planning and Land
Use, Division I Planning and Zoning, Article 8 Specific Plans, Section 65450 through
65457.
Information regarding Specific Plans can also be found in the State of California's
General Plan Guidelines published by the Governor's Office of Planning and Research,
- 54-
Chapter 5 Implementing the General Plan. A good website on Specific Plans can be
found at:
htto:// ceres. ca. eov/{> lannine/ sDecific/ A specific plan, by law, is used " for the systematic
implementation of the general plan for all or part of the area covered by the general
plan."
The required contents of a specific plan are established by State Law.
Adoption of a specific plan is a project subject to the California Environmental Quality
Act ( CEQA). As such, adoption of a specific plan normally requires the preparation and
consideration of an environmental impact report ( EIR) disclosing the potential significant
environmental effects of the plan, plan alternatives, and the means by which possible
environmental damage may be reduced or avoided. There is nothing in CEQA however,
which defines or establishes the requirements or purpose of a specific plan.
Specific plans are specified in county resolutions for use in the communities or town
planning areas ofWawona, Coulterville, Mariposa and Fish Camp. All of these
communities currently have adopted specific plans.
A community plan or special plan is a part of the general plan, but focuses on a particular
region or community within the county. This plan refmes the policies of the general plan
as they apply to a smaller geographic area. A community plan or special plan does not
need to
address all of the requirements of a general plan, but if not addressed, rely upon the
general plan.
Community plans and special plans are specified in county resolutions for use in the
communities ofCatheys Valley, Greeley Hill and Yosemite West.
I've attached some descriptive information regarding these types of plans, for further
review by the Grand Jury. Please let me know if the Grand Jury needs any additional
information regarding these issues, including any of the referenced resolutions, county
code sections, or Brown Act information.
Attachments:
1. Requirements for Specific Plans ( State Plwming and Zoning Law as found in California Government Code) 2.
Community Plans, Area Plans and Specific Plans ( State published General Plan Guidelines)
3. Planning Area Land Use Classifications ( April 4, 2003 Draft Version County of Mariposa General Plan)*
* These attachments are not included in the final Grand Jury Report.
- 55-
MARIPOSA COUNlY RESOLUTIONNO. 98- ;).\ Q
-- . A RESOLUTION ESTABLISHINGTHE
. YOSEMITE WEST COMMUNITY PLANNING ADVISORY COMMITTEE
WHEREAS. a rumber of hearings have been recently conducted by Mariposa
County to discuss development patterns in Yosemite West. and concerns about
conununity character. and health and safety issues relative to water. sewer, access and
potential over- devetopment; and
WHEREAS. the Mariposa CountY! Planning Commission recommended that a
'. Specific Plan be developed for. Yosemit~ West to provide a guide for the continued
growth and development of the community; and
,
WHEREAS. the Planning Commission determined that a community planning
advisory ccimmittee should be formed to provide recommendations for the Specific Plan;
and
WHEREAS. the Mariposa County Board of Supervisors considered the planning
.' Commission. srecommendation and detennined that the development of a specificplan
for the Community of Yosemite West is ~ and convenient. for the .
implementation of the Mariposa County General Plan. .
NOWTHEREFORE BE IT RESOLVED. this Board he[ eby detennines and
orders that the Yosemite West Community Planning Advisory Committee ( CPAC) be
established for the primary purpose of developing a specific plan for ~ e Communityof
Yosemite West as folloWS:
I. Membership
I
A. The Yosemite West CPAC s~ a1lbe established with nine ( 9) members. All
J members shall either reside or own property within the geographic boundaries
of the Yosemite West subd" JVision. The membels must ma_ ntain these
quarlfications for their entire term.
.-
B. Members of the CPAC ~ re to represent a cross- section of the community.
C. Ifany member of the CPAC misses two ( 2) consecutive scheduled meetings
without a vartd excuse. then that pelSon shaD no longer be deemed a member
of the CPAC. and the Board of Supervisors shaD initiate proceed'mgs forfiUin~
a vacancy.
D. The following shall be designated as ex- officiomembers of the Yosemite
West CPAC:
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1) Board of Supervisor from the Supervisorial Distrid which includes
YpsemiteWest; . .'
2) Planning Commissioner from the Supervisorial Distrid which includes
Yosemite West;
3) Representative from the NatiOnalPark Service as designated' by the
Yosem~ Na~ 1 Park Superintendent;
4) Mariposa County Planning and BUlld'mgDepartment Director,
5) Mariposa Coun1yPublic Works Director;
6) Mariposa County Health Department Director; and
. 7} Mariposa County Fire Chief.
E Ex- ofliciomembers are desig~ ated for the purpose of providing technical
expertise to the CPAC on a request basis. Attendance at regular or special
meetings is not required. These members may be caRed upon to provide
informationin special situationswhere their inputis feltto be desirablebythe .
CPAC. They are non- voting members of the CPAC.
II. Term. and Manner of Appoinbnent
A. Allappointments to the Yosemite West CPAC shall be made by the Mariposa
CountyBoardof Supervisors. and shall be recruitedinaccordance with .
County policy. The CPAC shall continue in forea and effect at the pleasure of
the Board of Supervisors.
. .
B. Appointees shall serve for a two- year period.
C. The Yosemite West CPAC shall be appointed for the primary purpose of
developing a specific plan for the Yosemite West Subdivision, and for
addressing other matters pertinent to the community. ...
D. Ifa vacancy should occur on the Yosemite West CPAC. an appointment shall
be made to finthe vacaooy in accordance with County policy. Ifan
appointment is made to fiRan unscheduled Vacancy, appointees shall serve
the remainder of ~ e unexpired term.
'- ~ Ofticers
. A. The Yosemite West CPAC shall elect the followingofficers for a term of one
( 1) year:
1) Chair.
2) Vice Chair
3) Secretary
B. The secretary's responsibi6ties shall include the preparation of agendas and
minutes, etc., as can be reasonably provided. and the posting of notices
withinthe community.
13
~~
.
IV. Meetings and Quorum
A. The CPACshan detennine the time. dates. and places of regular meeti~ gs.
B. The Chair of the CPAC may call special meetings.
c. Pubfic notice " shaDbe given in the local newspaper of. regular and s~
meetings of Ute CPAC a minimwn offourteen ( 14) days prior to hofding said
meetings. and shall be posted within the oonvnunity.
D. BUSinessmay not be transacted at a regular or special meeting of the CPAC
without a quorum of five ( 5) members.
E. The CPACmay adopt by- laws and rules regaRfmg the conduct of meetings,
which shall not contravene the meeting and notice requirements contained
herein. .
v. Staff Support
Technical support to the Yosemite West CPAC wiDbe provided by staff fi'omthe
Mariposa Cou~ Planning Department, when available, and responsibilities shal!
include the preparation of special reports. ptanning documents. and obtaining
such . informationas the CPAC deems necessary for the discharge of its
responsibilities. Staff from the Planning Department shall also be responsible for
all requiredlegal notices. .
VI. Duties and Responsibilities
. The Yosemite West CPAC shall act as an advisory body to the Mariposa County
. PlanningCommissionfor the purpose ofdevelopinga s~ c plan for the
Communityof Yosem~ West and for the purpose of making recommendations
for implementation.
A. The specific plan for Yosemite West shaD be developed in accordance with
and relative to the Mariposa County General Plan.
1) The CPAC shaD identify planning issues related. but not limited to,
community water" and sewer services. traffic and circulation. conservation.
housing. noise. safety, recreation. and business development. including
Bed and Breakfast ~ Tnmsfent Rental facifitiesand their management
2) The CPAC shall set goals and objectives relative to its findings and to .
overaUcommunity development.
3) The CPAC shaD recOmmend to the Planm" ngCoI, u.~ ton such detailed .
regulations. concfltions. programs. and proposed legislation whicf: 1may be .
necessary and CXKMmient for the systematic inpIementation oUlte
General Plan within the Yosemite West Subdivision. Such regulations,
conditions, proQlaRIS. and proposed legislation shaft include the location of
various types of land uses. location and extent of existing or proposed
- 58-
streets and roads. standards for population and building density,
standards for the conservation. development. and utiflZStionof natural
resources. and other additionalmeasures as may be necessary or .
convenient to ensure the execution of the Mariposa Coun1yGeneral Plan.
4) The CPAC ~ haBdevelop policies and guidelnes for" the p~ of
impiementing ~ e specific plan and shaR reco~ such policies and
guidelinesto the Mariposa CountyPlanningCommission.
., B. The CPAC shaD recommend a specific plan for the community of Yosemite
. West in document fonn to the Mariposa County Planning Commission for its
reView. The Planning Commission shaD consider the CPAC's
recoinmendations and then make a recommendation to the Mariposa County
Board of SUpervisors for adoption as mandated under state guidelines.
.-..
:". 1...
'.
BE ITFINALLYRESOLVED. this Board detennines and orders that the
Yosemite West CPAC shaD alSCharge its resporisibilities as assigned by the Board of
Supervisols as an advisory body to the Planning Commission in a manner in keeping
witheslabJis~ Countv policy and with the support of Ibe Mariposa Counl¥ Board. of
Supervisors. ,
PASSED ANDAfJOPTED by the Board of Supervisors. County of Mariposa, thiS
9~ day of June. 1~ 8 by the followingvote:
AYES:
NOES:
EXCUSED:
ABSTAINED:
. Balmam. Parker. Pickard. Reilly. Stewart
None
None
None
P~ A~ I ? II/ R~ B Y. C or
ATTEST:
~ MARGI WI . S. Clerk otttre Board
.°
APPROVEDAS TO FORM AND LEGAl SUFFICIENCY:
A
- 59-
BOARD OF SUPERVISORS
COUNTY OF MARIPOSA
STATE OF CALIFORNIA
Ordinance
No. 973
4f,.. 1.1' Oc=.
AN ORDINANCE ADDING CHAPTER 1.50.100, CITIZEN ADVISORY
COMMITTEES, TO THE MARIPOSA COUNTY CODE
ESTABLISHING UNIFORM ADMINISTRATIVE PROCEDURES.
Section 1:
The Board of Supervisors of the County of Mariposa does find and declare as follows:
L The County of Mariposa has no incorporated cities. and its various unincorporated
communities have many diverse localized needs and considerations.
2. Chapter 2.50 of the Mariposa County Code empowers the Board of Supervisors to
appoint advisory committees consistent with tbe requirements for the Planning
Agency.
3. To ensure the Board 4> fSupervisors has an understanding of community needs and
values. the Board seeks local representation to advise it on matters of importance to
the various community areas.
4. The Board of Supervisors has a long tradition of advisory committees throughout the
unincorporated County with each established by separate resolution and some
committees with additional requirements contained within adopted specific plans.
5. Committees are comprised of member constituencies and ex- officio members as
determined by the Board.
6. Past action of the Board results in committees with minor differences in
nomenclature. different ex- officio members. terms of office. noticing requirements,
and operational by- laws.
1. . The inconsistencies between the committees result in administ" rative procedures.
which are prone to error and also add costs to the Planning Agency in excess of the
benefit returned to the public.
8. Uniform administrative procedures of this ordinance result in better service to the
community. less opportunity for noticing errors. and greater opportunity for staff
resources to focus on substance. rather than process.
Section 2:
The Board of Supervisors of the County of Mariposa finds and declares as its official policy:
1. Resolutions establishing planning- related a& visocy committees. which contain
language in conflict with this ordinance. shall be governed by this ordinance.
- 60-
I
I~
Ordinance 1110. 973. An Ordinance adding Chapter 2.50. ' 00. Advisory Committees. to the Mariposa County
Code April 9. 2002 . Page 2 or 2 pages
,./
, /
;
/ ,.
2. Components of specific plans adopted by ordinance. which refer to aspects of
advisory committees or councils and contain provisions in conflict with this
ordinance shall be governed by this ordinance.
3. AU specific plans which include language empowering the creation of advisory
commiUees or councils are hereby interpreted as follows:
a. The purpose. membership, and role of such committees
adopted specific plans sh~ 1J remain consistent with
chartering such committee.
described in the
any resolutions
b. Any language describing administrative. appointment, meeting schedule. OT
noticing procedures otherwise established in this ordinance shall be go... erneq
by this ordinance.
Section 3:
The Board of Supervisors of the County of Mariposa does ordain as follows:
Section 2.50.100 is hereb)' added to the Mariposa County Code..:
.
2.50.100 Planning Advisory Committees establisbed,
A. The board of supervisors may establish planning advisory committees to
recommend actions representing the local community views about planning matters to the
planning commission and board of supervisors. The board may also refer other matters of
community interests to the planning ad\' isory committee as necessary;
B. Planning advisory committees shaU be initiated by resolution of tbe board. The
resolution shall, at a minimum, include:
1. A purpose for the committee, and
2. A general mission for the committee's work, and
3. The number of members to be appointed to the committee, and
4. The geographic boundaries of the area in which the committee's
recommendation is to be sought; and
5. The resolution shall cross- reference the requirement for all planning
advisory committee to utilize the standard by- laws approved by the board of supervisors
pursuant to this section and submit any proposed modifications meeting committee needs
to the board for approval;
C. Citizen advisory committee members shall be appointed by a majority of the
board. The committee shall be comprised of members who shall be from one of the
following groups:
1. Property owners ~ thin the planning advisory Q) mmittcc geographic
boundaries, or
2. Owners of businesses located , v( thin the planning advisory committee
geographic boundaries. or,
3. Employees of businesses located within the planning advisory committee
geographic boundaries. or
4. Electors registered to vote within the planning advisory committee
geographic boundaries. or
l7 .
- 61-
Ordinance No. 973. An Ordinance adding Chapter 2.50. J00. Advisory Committees. to the Mariposa County
Code April 9. 2002 . Page 3 of 3 pages
5.
boundaries.
6. The board may appoint non- voting ex- officio members who may provide
expertise and guidance associated with special disciplines or organizations affected by the
recommendations of the committee;
D. County staff shall provide support resources to the committees, and the planning
director shall be empowered to call upon appropriate departments to provide information
required to assist the committee in carrying out its board- designated responsibilities;
E. Committee members shall be appointed to staggered two- year terms and may be
reappointed by the board \ vitbout term limitations. All terms shall expire upon the last day
of February of the appropriate year. ,
L For committees formed after the effective date of this ordinance. or any
committee existing upon the effecti",' e date of this section in which all committee members'
terms expire on the same date: when the committee appointments are made. half the
committee members plus one shalI be appointed to a first term or two years, the remaining
committee members shall be appointed to a one year term. The selection of committee
members to one year or two year terms shall be by lot draw n by the chair of the board of
supervisors,
2. For committees in e~ istence upon the effective date of this ordinance. all
terms expiring during - 2002 shan expire upon June 30, 2002. New terms and
reappointments ofthese seats shall expire on the last day of February. 2004. Subsection E2
. expires and is repealed on March I, 2004,
3. For committees in existence upon the effective date of this section. all terms
shall be cbanged to expire on the last day of February in the year the e~ isting term of
appointment expires beginDing with terms expiring in 2003. Subsection E3 expires and is
repealed on March 1.2003;
F. Appointment of officers:
1. At its first meeting. and at its first meeting of eacb subs « : quent year, the
committee shall elect a chair and vice- chair to serve a term of one year until" the successor
. oreach is appointed and qualified.
2. The chair shall preside at all meetings of the committee and shall perform
all the duties necessary or incidental to his office. including approval of the agenda topics
for the meeting,
3. The vice- chair is chair in the absence or inability of the ch. 3; ir to act,
4. a. At its first meeting. and its first meeting of each subsequent year, the
committee shall determine whether it wishes to appoint a secretary to prepare minutes of
the meetings in a manner consistent with the requirements ~~~ l:! a~~~ - f,? r pfilnning
advisory comniifiees. 1he planning - director:. or ' aesignee sliall be responsible for recording.
the meeting and the archival storage ofthe meeting tapes,
b. If the committee determines it does not wish to appoint a secretary, The
planning director or designee serves as the secretary to the: committee and is responsible for
recording the meeting. the archival storage of the tapes. and preparation of summary
minutes, \
Co. The committee may opt to change its appointment of a secretary. ~ t any
time during the year after appropriately placing tbe matter on its agenda,
d. The duties of the secreta ry shall be to maintain meeting notes and
preparation of meeting minutes within the prescribed form and deadline established in the
committee's bylaws;
Residents of the area within the planning advisory committee geographic
- 62-
Ordinance No. 973. An Ordinance adding Chaprer 2.50.100. Advisory Committees. ro the Mariposa County
Code . April 9. 2002 . Page 4 of 4 pages
5.
preparation
committee;
G. The ptaaning director shall prepare draft bylaws for the review and approval of
the planning advisory committees prior to submittal and final approval by the board of
supervisors; Each commiuee may prepare additional components to the standard by- laws
meeting committee needs. The amended provisions are subject to review and approval of
the board of supervisors;
H. . Notice of committee meetings shall be posted and published not less than
fourteen days prior to the date of the meeting at the foIIowing locations:
L The planning agency internet site, and
2. The Madpc:; a CC!!!! Jy Government Center, and
3. .; n:;" ii! a: iz.~ dposti ng location within the area served by the committee, and
4. The meeting location, and
5. Publication shal! O( qlf i! i ;; 1:< 3\'::;/";;:;;: o' 0f:. gc. u(', d c- ir<: ul:\:: 0: 1. and I
6. The planning d!! et; tor may supplement required notifications in any manner
deemed appropriate for the content of the proposed agenda;
I. Meetings of a plaoi:! ng i! d\'!~~=- y r= c: r:!: H! t! eo:;!:~ n ~ I::::;:~~~.:. t;.; ~!: t~ p: t''''''.~:...~ i;:()":~' i:
the California Open Meeting Law ( Brown Act).
The ptanning director shall be responsible for receipt, distribution, and
of committee correspondence, and related duties as requested by the
.
Section 4: This ordinance shall become effective thirty days after the date ofenactmcnl.
Passed and adopted by the Board of Supervisors of the County of Mariposa this
ninth day of April, 2002, by the following vote:
Ayes: REILLY, BALMA[ N, STEWART
Nays: PICKARD
Excused: NONE
Abstained: PARKER
Robert C. Stewal't. Chair
Board of Supervisors
Attest:
~~~ Clerk of the Board
.
I~
- 63-
~ l. 1tc Qr Cnliforni: 1
County" rMariposa
Board of SuPCrviS4") r5
I
!
A RESOLlrl'ION AFFIRMLNG COMPOSITION. AKBAS OF RESPCNSIBn. IoriY. AND MISSION OF
THE YOSEMITE WEST PL.~" INING ADVISORY COl\ DII'ITEE; At'lffiR£ SplNDlNG PRIOR
PLANNING ADVISORYCOMMITTEERESOI. UTIONS I
WHEREAS. the B~ rd of Supen. i!; QCSappointed tlle Yo..<: emiteWest Planning AdviS\ i! 1iCornmiUee: t to repr6;;\:: l;
opiniom. & e< Ommendarions. and advice hC. II1thIe ~- osemiteWo! stare"- in ~ h8 CFc. y of Mariposa; and
\\' HERE.~$. the . Bt> 1Ird of SuPe: ns~- s c5ta~ li;? ed the P!: mni~ A~ i~ Qry Commj1cc:; fot" Cathtt)-~ Valley.
Couttervdle. F. I Portal. Fish\.. iUl11p. Mldpmes. &. od)! o: sematc West; t10d !
WHEREAS, : 0 Janwary. 2000. rbe BCIB!" dof Supernsors ACCived the ': Jone!! and sto4e& Report," which amont;
i~ con& ent idllntified BIi! Derat pbn adequacy i:; sue& a5sociat1: d with Ule use t a I8J'PA zc) nL' 18.~ Itnd the
COdtcnt uf spacific; p] an~ adQpted on bebalf of the Communlties OtCoultervi e, Fish C. amp. Mariposa.
~~~~ ,
! i
WHERE.. o\. S, c. h~ Board of Supervis01' 5 djd in January 2001 :\ uthoriu: p~ pllrati. on oC~ Updil~ to ilie Genecs:
Plait: and ;
I
W. HBREAS, the Board ot Supervi~ t'S oc April 10, 2001 did CO! 1COptu: ill, yaga. e to .. Lsider the Upd3& e of tile
General Plan to use Areli Plan:! fur parcel- by- parcelland ~ cl: ts.. o< ifjc: atiou.;~ thl4 Planning Areas, and
the H.-. aro conceptually ~ grcedtu id~ tlt: fY 14 Planning; Arcas in the GG4ernJ ptan. Upd: ne; and
WHEREAS. 00 JuI: r I. 2002. ' he Pre! im. is1l1ry Version of the Go: IJ~ ral Plan wa.. s rel~" cd. idenbfyU1g prop03SC-<:!
boundaries for each oftbe P1anDin~ Areas: and i
. .
WHEREAS. on April 4. 200a. the Planning Commission rec; ommended: 1 Draft vCfsion uf the GetI~ Pian
proposing botU1daries foreschof the Planning Aro! iL3to the Board of Supecv; sprs; am}
WHEREAS. the Board of Supervisors had aulhorized the preparation of plaoning dc} curnenb fur the PI8. l\ ning
Af't! fiSofCatheys V: a. 11ey. Wawona. ond Yu& emitc West; and ; 1
WHEREAS, in April, 200: 2. the Board of SupervU; ors enacted an IUI1endmcntto Titl4 2 l'tIttriposa Cuunt). Cod..
adding Section 2.50.100 PIRnning- Ad\ isory Committees; ol. c. d ' .
i
WHEREAS, I" esolutiOD: l e5t. lblishin~ the Planning Advi: wry Committ- l! es in Catbets Valley. Coulrervilie. EJ
Por", l. Fish Camp, Midpines. and Yosemite \ Vest "'@ rc aaopted prior to April12002; and
WHERE.~ S. the Planning Advi$ ory Committees pr~ paring Area PIIUlA ha1." l< heen/ undertaking the work in
concert with the proPQs4! d Draft. Version of the General Plan: and i
!
WHEREAS, ilie adoption, amendment. or rescission uf multiple Ti! 60Iution- s and sJpplcment;) l B.:. ard action.;;
c: nate confusion and inconsi3tencies with th~ uptirations. mee~ ings. and ~ issilJn of SOlDe P!. nnin~
Ad~' is(, ry Commitu: es: and j
WHEREAS. Section : 1.50.100 of the Marip03a County Code establishes tb~ form. ~ ntenL. ilJ1d .: Ipenltions 0[-
Pltmning Advisury Comnuttee. ,
BE . IT THEREFORE RESOLVED THAT THE Board of SupervisoE' 3 of Ute CounJ of l\- Iariposa dollS hereb}'
rQpealalI previous resolutions associa. ted with tho Yosemito! \ Vest Planning 1dviSOIY Committee.
BE IT THEREE'ORF. FURTHER RESOLVED THAT THE Hoard of Supervi:> oc~ docs hereby rename cl1~
Yo;; cmite We.. t Comm\ 1nity PltiDninjt Advisory Committ~ the Yosemit~ West Pltinning Advisor)'
ComlT. iltcc. I
I
i
~-~--
.. .. . --- -. - -
~ 4-
BE [ T TIiEREFORE FURTHEIC RESOLV!:: D THAT THE Board of Sup~ isor. l c:: cJ aJnrm and rE'~. i: tablib!'
Yos~ mite \ Vest Plonnins Ad\.- isory C'lmmit~ under the procedures and cul~ est. 1blished in Mn:' ipo...;
County Code Section 2- 50.100 Ili' r.} ilnw.>; ; i
TIll: Y",;~ nUte W~ t Planning Advisory CDmmittee is established to ( 11 prepare and recon:. mcnd
a. Spec: i.- l Pllm ; r. cJdrt,;; sing issues of tran! Sipnt occ: upsncy. devclopufent of und~.: noped lots,
acceti!; ury dwel! ing3, bed : and bre# kIl1St mns, and other isSUolS rel~~ to the rite ch, vclapmcnt
and build- uul c.> Cthe subdivmcn\, ( 2' pl' 9pare lind recommend * licabIO implslI1eDtDooD
reguletiomi- such IU zoning', de8ig: c. re~ l! w, and other !> ite deveJo ent stand. tu- ds-( or tite
Speci: ll Pl~ n to bl! adopted b.}' the Board of Supanrbor:!, (~ I make Tec: ummen~ tit1DS to the
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| Rating | |
| Title | Mariposa County Grand Jury final report |
| Subject | California. Grand Jury (Mariposa County)--Periodicals.; Mariposa County (Calif.)--Politics and government--Periodicals. |
| Description | Description based on: 2002/2003; title from opening screen of PDF.; Harvested from the web on 2/6/07 |
| Creator | California. Grand Jury (Mariposa County) |
| Publisher | Mariposa County Grand Jury] |
| Type | Text |
| Identifier | http://digitalarchive.oclc.org/request?id%3Doclcnum%3A144609759; http://www.mariposacounty.org |
| Language | eng |
| Relation | http://worldcat.org/oclc/144609759/viewonline |
| Format-Extent | 1 web site : digital, HTML, PDF files. |
| Relation-Requires | Mode of access: Internet.; System requirements: Adobe Acrobat Reader. |
| Transcript | ~ uperior QCourtof tbe ~ tate of QCaltfornta QCountpof mariposa F. Dana Walton Presiding Judge 5088 Bullion Street Post Office Box 28 Mariposa, CA 95338 ( 209) 966- 2005 ( 209) 966- 2079 FAX Wayne R. Parrish Assistant Presiding Judge June 16,2004 Robert C. Benson, Foreperson Mariposa County Grand Jury P. O. Box 789 Mariposa, CA 95338 Dear Mr. Benson: I have read and approved the 2003- 2004 Mariposa Grand Jury Final Report. At this time I wish to personally thank you and the other grand jurors for your work on behalf of the citizens of Mariposa County. Without the dedication of those like you, this vital part of our system would certainly fail. ana Walton, Presiding Judge Final Report 2003- 2004 Mariposa County Grand Jury Table of Contents Introductory Pages Transmittal Letter Foreman's statement History and Function of the Grand Jury Qualifications Acknowledgments Findings, Recommendations and Actions Summary of Recommendations Responses 2002- 2003to Grand Jury Report A. Citizen Complaints # l-- County Car Use Policy # 2-- Nepotism # 3-- Yosemite West Community Planning Advisory Committee # 4-- Reimbursement for Fire Suppression Costs # 5-- Road Repair and Maintenance, Zones of Benefit # 6-- Fee Charges at the County Landfill # 7-- Personal Service Contracts # 8-- John C. Fremont Hospital B. Oversight Inspection of Adult Detention Facility Inspection of Sheriff's Department Inspection of Juvenile Detention Facility Interview with County Auditor- Controller Interview with District Attorney Interview with Mariposa County Fire Chief Interview with Director of Public Works Interview with Chief Administrative Officer Interview with John C. Fremont Hospital CEO/ CAO Assessor'slRecorder's Office C. Other Actions Grand Jury Website Collection of Policies and Procedures Collection of Prior Grand Jury Final Reports and Responses D. Suggestions to Incoming Grand Jury Grand Jury Members 2003- 2004 - 1- Pages 2 3- 4 5- 7 88 9- 13 14- 15 16- 39 40- 48 49- 65 66- 67 68- 71 72 73- 74 75- 76 77- 79 80- 82 83- 84 85- 86 87- 88 89- 90 91- 92 93- 95 96- 97 98- 100 101 102- 106 107 108 109 June 2004 The Honorable F. Dana Walton Judge of the Mariposa County Superior Court Mariposa, CA 95338 Dear Judge Walton, The contents of the 2003- 2004 Mariposa Grand Jury Report have been approved and accepted by a vote of the Grand Jury. This year's Grand Jury began it's duties in September 2003 and during its session we have received few concerns or complaints. The term of Grand Jury service normally ends June 30th. We have managed our time and resources to conclude our investigations by that date. Serving on the Grand Jury has been a great and educational experience for all of us. To be able to provide over- sight of County government and respond to citizens concerns is a rewarding experience. Respectfully submitted, / CZL~~~ Robert C. Benson Foreperson - 2- June 30, 2004 The Honorable F. Dana Walton Judge of the Mariposa County Superior Court Advising Grand Jury Judge Mariposa County Courthouse 5088 Bullion Street Mariposa, CA 95338 Dear Judge Walton, The 2003- 2004 Mariposa County Grand Jury submits the attached report in compliance with the requirements set forth in section 933 of the California Penal Code. This year's Grand Jury received only a few concerns or complaints from the public at large. Some of the matters were investigated and the results of those investigations are contained in our report. Other matters were outside the jurisdiction of the Grand Jury to investigate and appropriate responses were sent to the concerned party( s). Some of the matters were not investigated as they were already being looked into by the appropriate agency or department. The remaining matters were discussed and prioritized. We investigated as many of these matters as we felt we could in the time allotted. The Grand Jury carried out its mandated duties to inspect the confinement facilities in Mariposa County. We also interviewed the Department Heads of the following offices: District Attorney, Public Works, John C. Fremont Hospital, Sheriff's Department, Finance Department and County Fire Department. We looked into how county offices are managed on a systemic basis as well as individually, and monitored the Board of Supervisor's meetings. The areas of great concern to us which we investigated were: ( 1) the availability of policies and procedures to county employees and the public, ( 2) allocation of county resources, ( 3) public safety-police, fire and medical, and ( 4) the efficiency of county agencies. The Grand Jury website is now on- line. It explains our mission to the public, the history of the Grand Jury system and provides answers some of the frequently asked questionS. The website contains complaint forms which can be down- loaded. It is anticipated that the final Grand Jury reports will also be available on- line in the near future. The resources available to future Grand Jury members have been expanded. County departments and agencies were requested to provide copies of policies and procedures. The information that has been received has been placed in binders in the Grand Jury office. A current copy of the Mariposa County Ordinances is also in the Grand Jury -.")- office. Copies of the previous Mariposa Grand Jury Final Reports and the responses to them, have been obtained and placed in the Grand Jury office. It is hoped that future Grand Juries will find these resources helpful and that they will continue to maintain and up- date them as time passes. The Grand Jury Final Reports and their responses of the past 5 years were reviewed by this Grand Jury to insure that the process of report and response were followed by the appropriate agencies as required under the California Penal Code. Also, to review the responses to recommendations made in prior years. On the whole, the process was followed and although all of the recommendations of the prior Grand Juries were not followed, at least the issues were brought to the attention of the proper agencies and departments and were considered and discussed. In short, the system works. The members of the Grand Jury were provided with 2 days of intensive training, which was invaluable in understanding and carrying out our duties. Thank you for the opportunity of serving on the Mariposa County Grand Jury. It was both an enlightening and rewarding experience. Respectfully, ~~~ ROBERT C. BENSON Foreperson - 4- From the Mariposa County Grand Jury Website: History and Function of the Grand Jury History of the Grand JUry The present grand jury system evolved from the earlier ecclesiastical courts beginning in 1164 when King Henry IIof England impaneled the first 16- man Grand Jury to remove criminal indictments from the hands of the church. In 1635, the first American Grand Jury was impaneled in the Massachusetts Bay Colony. By 1638, grand juries were present in all the colonies. These early Grand Juries began the practice of returning " presentments" which were primarilyagainst public officialsand different from criminal indictments. Forty- twostates use some form of the Grand Jury system. California is a State that allows prosecution to be initiated either by a Criminal Grand Jury indictment or byjudicial preliminary hearing. California impanels County CivilGrand Juries every year to conduct civilinvestigations of county and city government and to hear evidence to make recommendations or to decide to return indictments. func~ ion otMariposa County Grand JUry The Mariposa Grand Jury is a judicial body consisting of 11 citizens. It is impaneled to act as an " arm of the court" as authorized by the FifthAmendment of the United States Constitution and the Constitution of the State of California, to be a voice of the people and conscience of the community. A CivilGrand Jury is impaneled in Mariposa County each year in July. A CriminalGrand Jury may be impaneled in the County ifdeemed necessary by the Superior Court Judge. The Grand Jury is charged with a grave responsibility. It serves as an ombudsperson for the citizens of Mariposa County. The entire population of the county is affected by an active CivilGrand Jury. Malevolent and unfaithfulpublic servants feel uneasy because unlawful acts may be uncovered, while honest citizens and conscientious public servants are reassured that there is a " watchdog" over inappropriate and illegal activity. Therefore, CivilGrand Jury Service calls for diligence, impartiality, courage, and responsibility. The Grand Jury submits meaningful solutions to a wide range of problems. It is a volunteer, fact- findingbody with the potential to create positive and constructive changes. The Grand Jury is an investigative body created for the protection of society and the enforcement of the law. Although the responsibilities of the Grand Jury are many and diverse, the three prominent functions include: - 5- A. Civil Government Oversight This is the major function of the Mariposa County Grand Jury, and considerable effort is devoted to these responsibilities. The grand jury may examine all aspects of county government and special districts within the county to insure that the best interest of Mariposa citizens are being served. The Grand Jury reviews and evaluates procedures, methods, and systems utilized by county government to determine whether more efficient and economical programs may be employed. The Grand Jury is also authorized to: Inspect and audit books, records and financial expenditures to ensure that public funds are properly accounted for and legally spent; Inspect the financial records of special districts in Mariposa County; Inquire into and inspect the condition of jails and detention centers in Mariposa County; Investigate any charges of willful misconduct in office by public officials or County employees. B. Citizen Complaints As part of the civil function, the Grand Jury receives many complaints from citizens alleging mistreatment by public officials, suspicions of misconduct or governmental inefficiencies. All complaints received from citizens are reviewed and acknowledged in writing. If the subject of the complaint falls within the jurisdiction of the Grand Jury, and the Grand Jury as a whole sees fit, the complaint will be investigated. All complaints to the Grand Jury are kept confidential. To submit a complaint to the grand Jury, send a completed GrandJurv ComDlaint Form to: Mariposa County Grand Jury P. O. Box 789 Mariposa, CA 95338 Please first consider ifyour complaint falls within the jurisdiction of the Grand Jury as outlined above, and include your name, address and phone number as well as your signature. C: Criminal Investigations Occasionally, under certain circumstances, a special Criminal Grand Jury is selected to hold hearings to determine whether evidence presented by the District Attorney is of a sufficient nature to warrant a person to stand trial in a court. The types of cases presented to the Grand Jury by the District Attorney - 6- usually include: Cases involvingpublic officials or employees Cases involvingpolice officers Cases in which the statute of limitations is about to expire White collar crimes, and Other cases the DistrictAttorney deems appropriate Jurisdiction The jurisdiction of the Mariposa County Grand Jury is limited by statute and has no jurisdiction or authority to investigate any Federal or State agencies. Grand Jury jurisdiction extends to the workings of Mariposa County Government, Special Districts or Joint Powers Agencies withinthe County, and County Public Officials. Reports The Grand Jury issues its final report each year in late June. The report is available to all county residents, and is delivered to the news media and to the heads of affected government agencies. Affected agencies are required to the report findings and recommendations within 60 to 90 days. Those responses are also made available to the public. The Grand Jury may release individualreports as they are completed during the year. Mariposa County Grand Jury reports are available at the County Libraryand on the Web at http:// www. mariposacountv. orQ/ Qrandiurv Grand Jury work is demanding. Rewards for Grand Jury work come mostly from increased knowlectgeof local government, the judicial system, and the satisfaction of making a worthwhile contribution to the improvement of Mariposa County government operations. At the end of its term, the Mariposa County Grand Jury issues a final report on whatever aspects of Mariposa County Government were investigated withinits term. The final report willcontain the findings of the investigation and recommendations for solutions to any problems found. The Mariposa County Board of Supervisors must comment upon the Grand Jury's recommendations within90 days of the report being issued. - 7- QUALIFICATIONS FOR GRAND JURY SERVICE: Prospective Grand Jurors must have the following qualifications ( P. C. 893): 1.) Be a citizen of the United States, of the age of 18 or older, and a resident of the state of California and the County of Mariposa for one year or more immediately before being selected. 2.) Be in possession of his or her natural faculties, of ordinary intelligence, sound judgment, and fair character. 3.) Possess sufficient knowledge of the English language. A person is NOT legally qualified to serve if any of the following apply: 1.) The person is serving as a trial juror. 2.) The person has been discharged as a Grand Juror in any court of this state within one year. 3.) The person has been convicted of malfeasance in office or any felony or other high crime. 4.) The person is an elected public officer. Desirable qualifications for a Grand Juror includes the following: 1.) Have the time to make the necessary commitment. It is not uncommon to spend 10 to 20 hours per week performing Grand Jury duties. 2.) Be open minded with concern for the positions and views of others. 3.) Have an interest in community affairs and the ability to work with others. ACKNOWLEDGMENTS: The Mariposa Grand Jury of 2003 - 2004 thanks the members of the general public who took their time to contact us with their concerns. We appreciate the courtesy of County employees whom we contacted and their prompt responses to our requests. Everyone we contacted were very helpful, cooperative and timely provided requested documentation. The Grand Jury appreciated the support, advice and assistance of our supervising Judge, Dana Walton, members of the County Counsel's office, and the District Attorney. The two day training session we received at the beginning of our term was invaluable. The information given to us in the introductory and orientation meetings was practical and useful. We highly recommend this type of training be continued for futurejuries. - 8- Summary of Recommendations Respondents: Board of Supervisors Page 40, et seq. 1. The Mariposa County Board of Supervisors, Chief Administrative Officer/ Personnel Director should make readily available to each county employee a copy of the nepotism policy. 2. The Mariposa County Board of Supervisors, Chief Administrative Officer/ Personnel Director should have a procedure in place whereby an employee can make a confidential complaint about hostile work environments and/ or office morale and insure that each county employee is informed as to this procedure. Page 49, et seq. 3. The Board of Supervisors adopt by- laws for Planning Advisory Committees within 60 days. 4. The Board of Supervisors and the Planning Department should adopt standard rules regarding the creation of minutes for each and every department and agency required to take and keep minutes. 5. The Board of Supervisors and the Planning Department should have written minutes available at the next regularly scheduled meeting for approval and adoption. 6. The Board of Supervisors should carefully monitor the make- up of the committees they appoint to insure they represent all categories of property owners within a planning area. 7. The Board of Supervisors should have in effect a monitoring system to insure their appointees are carrying out all of their duties, including not missing meetings. Page 68, et seq. 8. The Board of Supervisors should adopt the Department of Public Works' road maintenance schedule on an annual basis. 9. The Board of Supervisors should review the salary scale for road crew employees to become more competitive with the job market and retain skilled employees. 10. The Board of Supervisors should consider the creation of a part- time and/ or on- call job category for flag persons. This would allow trained and skilled road crew workers to actually do the work they are trained and hired to do. Page 72 11. The Board of Supervisors and the Department of Public Works should install a set of scales as soon as possible at the Mariposa County Landfill. - 9- 12. The Board of Supervisors should assign a County employee to collect fees and give receipts at the County Landfill. Page 73- 74 13. The Board of Supervisors should amend the personal services contract ordinance to parallel the bid procedure for buying goods, i. e. for a contract in excess of $ 10,000 the contract should be advertised or in the event that a series of contracts for similar services will be offered, at least an annual request for bids for those types of services should be conducted to establish a pool of potential contractors. 14. The Board of Supervisors should review the amount of money they are currently spending on service contracts and evaluate whether it would be more cost effective to have County employees perform those same services. 15. The Grand Jury believes that reimbursement for expenses should not be a separate part of a contract for services, and in particular that meals should not be reimbursed. It is recommended that the Board of Supervisors review the inclusion of reimbursement for expenses in their personal services contract. Page 83- 84 16. Juvenile Detention Safety concerns-- the area between the detention facility, the recreational area and the location where law enforcement personnel deliver and pick- up in- custody minors should be fenced in. Erecting chain- link fencing in this area would negate the necessity of shackling and hand- cuffing minors merely to go outside for an hour in the recreation area. Also, it would provide a secure sallie- port for the movement of in- custody minors to and from law enforcement vehicles. Page 87- 88 17. The Grand Jury recommends the Board of Supervisors reviews the salary levels for the Office of District Attorney and make adjustments to bring it more in accordance with other similarly situated counties. Page 89- 90 18. The Grand Jury recommends the Board of Supervisors pursue the establishment of a Fire Training Facility in Mariposa County. Page 91- 92 19. The Board of Supervisors and the Personnel Director should re- evaluate the pay-scale for qualified engineers in order to have sufficient staff to perform work less expensively than contracting it out to private individuals. 20. The Board of Supervisors should evaluate the Mariposa County liability insurance, coverage and premiums. Claims and follow up should be assigned to one County employee. - 10- Page 98- 100 21. The Board of Supervisors should review the necessity of an elected Assessor- Recorder. Perhaps this job should be vested in the Chief Administrative Officer and the Assistant Assessor could receive a substantial pay raise to continue doing the job of the Assessor- Recorder as is currently the case. Respondent: CAO/ Personnel Director Page 40 et. Seq. 1. The Mariposa County Board of Supervisors, Chief Administrative Officer, and Personnel Director should make readily available to each county employee a copy of the nepotism policy. 2. The Mariposa County Board of Supervisors, Chief Administrative Officer, and Personnel Director should have a procedure in place whereby an employee can make a confidential complaint about hostile work environments and/ or office morale and insure that each county employee is informed as to this procedure. Respondent: Mariposa County Fire Chief Page 66- 67 1. The Mariposa County Fire Department should expand its criminal collections to include misdemeanor convictions. Page 88- 89 2. The Grand Jury recommends that Chief Shultz continue his efforts toward providing training and acquiring and providing sufficient firefighting and safety equipment. Respondent: Public Works Director Page 68, et seq. 1. The Director of Public Works should adopt and publish a road repair schedule on an annual basis listing which roads, or portions of roads, will be paved, repaved or repaired. 2. The Director of Public Works should create a procedure whereby there is coordination between the Road Department and other agencies that must tear up the roads to install telephone lines, gas lines, water lines, etc., so that work can be done in the proper order. A published, adopted schedule of road maintenance, as stated in Recommendations 1 and 2 above, would probably be helpful. Page 72 3. The Department of Public Works should insure that receipts are made in duplicate, one copy for each and every person who utilizes the Mariposa County Landfill and one copy for County records. - 11- Page 91- 92 4. The Director of Public Works should establish a written complaint log which includes the name of reporting party, the date and time of the complaint. Respondent: District Attorney Page 66- 67 1. The Mariposa County District Attorney's Office should request restitution on behalf of the Mariposa County Fire Department and/ or Mariposa Public Utility District in all misdemeanor and felony cases where the underlying crime resulted in a response by either or both of those agencies. Page 87- 88 2. The Grand Jury commends the District Attorney for the up- dating and consolidation of the District Attorney's Office and recommends he continues those projects already in progress. Respondent: Planning Department Page 49, et seq. 1. The Board of Supervisors and the Planning Department should adopt standard rules regarding the creation of minutes for each and every department and agency required to take and keep minutes. 2. The Board of Supervisors and the Planning Department should have written minutes available at the next regularly scheduled meeting for approval and adoption. Respondent: Sheriff Department Page 80- 82 1. As soon as practicable bring all the functions of the Sherifr s Department under one roof for a more efficient operation. Respondent: County Auditor Page 85- 86 1. The Grand Jury encourages the Auditor to continue with the establishment of specific Goals and Objectives to continue the improvement of the work of the department. 2. The timeliness of County Audits needs to be improved for the benefit of the taxpayers. 3. A further study be conducted for an improved and controlled purchasing system for the county. - 12- Respondent: John C. Fremont Hospital Page 75- 76 I. The Grand Jury recommends, for all potential hospital employee's, that pre-employment drug screening and criminal background checks be performed as part of the regular hiring practice, as all hospital employees have the potential of having contact with patients. The committee also recommends the continuation of verification of all required licensing. 2. It is recommended that the hospital continue the practice of not allowing staff to place personal orders through the Dietary Department. Respondent: County Assessor- Recorder Elect Page 98- 100 I. The elected Assessor- Recorder should resign and allow someone who is interested in actually doing that to be appointed by the Board of Supervisors. No Response Necessary: County Car Use Policy Page 19- 39 If there is a concern that an individual county employee, officer or agent is violating the stated ordinances and policies of the county, that employee's department head should be contacted directly. If there is not a satisfactory resolution, then the concerned individual should address the Board of Supervisors directly. If there is an objection to a specific county employee having a " take- home" vehicle it should be brought to the attention of the Board of Supervisors. - 13- Review of Previous Grand Jury Final Reports and Responses " Each grand jury shall submit to the presiding judge of the superior court a final report of its findings and recommendations that pertain to county government matters during the fiscal or calendar year." Penal Code Section 933 ( a). " No later than 90 days after the grand jury submits a final report on the operations of any public agency subject to its reviewing authority, the governing body of the public agency shall comment to the presiding judge of the superior court on the findings and recommendations pertaining to matters under the control of the governing body, and every elected county officer or agency head for which the grand jury has responsibility pursuant to Section 914.1 shall comment within 60 days to the presiding judge of the superior court. ..." Penal Code Section 933( c) It is incumbent upon each Grand Jury to review the final reports and recommendations of its predecessors and the responses to those recommendations. Actions The 2003- 2004 Grand Jury reviewed the Final Reports and Responses of the previous six ( 6) years. During this process it was discovered that the Final Reports were readily accessible, but it was more difficult to obtain copies of the responses to those reports. There is now a complete set of Final Reports and Responses for the past six ( 6) years in the Grand Jury office for the use of future Grand Juries. Findings The County officials, department heads, and agencies over which the Grand Jury has jurisdiction are quick to respond to Grand Jury recommendations, both in their written responses and in effecting recommended changes. Concerning the 2002- 2003 Final Report, the current Grand Jury received some of the same complaints as last year's Grand Jury. The 2003- 2004 Grand Jury has tried to expand our own investigations to resolve these on- going concerns of Mariposa County citizens. The complaints and inquires made by citizens of Mariposa County do effect change in County government. - 14- Recommendations 1. All succeeding Grand Juries review the Final Report and the Responses of the previous Grand Jury. 2. Responses to the Final Reports of previous Grand Juries be maintained in the Office of the Grand Jury. 3. All Grand Jury Final Reports and the Responses to recommendations be added to the Grand Jury Website. . - 15- Findings, Recommendations and Actions Case # 1 - Inquiry into County Car Use Policy The Grand Jury is authorized to investigate how decisions and policies are made by county agencies and to suggest ways to make improvements. ( Penal Code section 925) We may inquire into what criteria were used or not used, the process involved in formulating policies or reaching conclusions and how facts were gathered. However, the ultimate decision itself is not for the Grand Jury to question. For example, we may not question why a particular county employee was granted permission to have a take- home vehicle, but we can question the process used in making the determination. The Grand Jury received several inquiries concerning the use of county vehicles during business and non- business hours. The greatest area of concern seemed to be the presence of non- county employees as passengers. There were also inquiries concerning the use of county vehicles by county employees during non- business hours. Due to the public interest in this issue, the members of the Grand Jury decided to ask the following questions: 1. Who may use a county vehicle during non- business hours? 2. How is the determination made as to who should be allowed to use a take- home county- owned vehicle? 3. When are third- party non- employee passengers allowed in county- owned vehicles? 4. How is use of a county vehicle, during non- work hours, determined? 5. When is personal use of a county vehicle permitted? 6. Is the county insured for such uses involving non- employee passengers? During the time period the Grand Jury was investigating these issues, the Board of Supervisors independently and without knowledge of the Grand Jury's investigation, revised Chapter 2.76 of the Mariposa County Ordinances, entitled County- Owned Motor Vehicles. The revised ordinance requires that a county vehicle not be used for personal business and requires a department head to submit a written request to the county administrative office for a '' take- home'' vehicle. The county administrative officer then makes a recommendation to the Board of Supervisors who makes the fmal determination to " approve a list of all county vehicles that are assigned as ' take home' vehicles" each year as part of the budget process ( sec. 2.76.020). In the opinion of the members of the Grand Jury, since the revised ordinance enacts a clearly defmed method of determining who may use a county- owned vehicle and under what conditions, who is allowed a '' take- home'' vehicle and has sufficient checks and - 16- balances and public review for '" take- home" vehicles, these issues have been disposed of and need no further comment by the Grand Jury at this time. However, the revised ordinance did not address the issue of the presence of third- party non- employees in county- owned vehicles, whether during or after business hours. Consequently, a letter was sent to the Board of Supervisors by the Grand Jury asking specific questions about who may be a passenger, under what circumstances and if the county is insured for liability. The Board of Supervisors responded within the time frame requested and provided answers and documentation satisfactory to the members of the Grand Jury. A copy of the following documents is attached hereto and made a part hereof: Chapter 2.76 of the Mariposa County Ordinances Letter to Board of Supervisors dated January 26, 2004 Response to Grand Jury Letter Mariposa County Safety Pledge fonn Mariposa County Policies and Procedures for the Operation of County Vehicles Ride- Along Procedure-- Mariposa County Sheriff's Department Policies and Procedures for the Operation of County Vehicles Such infonnation stated in essence that: 1. A county vehicle shall not be used for personal business, but an employee may " stop for personal business which does not significantly interfere with county business", as determined by the affected department head. ( Sec. 2.76.010) 2. Third- party non- employee passengers are only permitted with the prior authorization of the affected department head. ( Mariposa County Policies and Procedures for the Operation of County Vehicles) 3. Mariposa County is self- insured through the California State Association of Counties Excess Insurance Authority. Conclusion The revised ordinance together with the Safety Pledge, Policies and Procedures for the Operation of County Vehicles, and the Sheriff's Ride- Along Procedure, fully addresses the issues of county vehicle use, take- home vehicles, third- party passengers and liability of Mariposa County. No further action is needed at this time. Recommendation If there is a concern that an individual county employee, officer or agent is violating the - 17- stated ordinances and policies of the county, that employee's department head should be contacted directly. Ifthere is not a satisfactory resolution, then the concerned individual should address the Board of Supervisors directly. If there is an objection to a specific county employee having a " take- home" vehicle, that objection should be brought to the attention of the Board of Supervisors.* * Oct. 28, 2003, the following county employees were assigned take home vehicles: Vehicle: Assigned to: Fire Department FD- 3 FD- 5 FD- 7 FD- 8 Sheriff Department 113- 115 116 117 424 119 24 other vehicles 702 705 & 706 Social Services W- 12 Staff- On Call CPS Worker Probation Department PD- 4 Juvenile Transport PD- 5 Truancy Program PD- 6 Chief Probation Officer PD- 7 Juvenile Division PD- 8 Adult Division PD- 9 Juvenile/ Adult Transport Public Works Department 10 vehicles Director of Public Works Assistant Director of Public Works Fleet Supervisor Facilities Road Superintendent Foreman of Road Crews ( 5) Nov. 18,2003 District Attorney Volunteer Battalion Chief- North side Fire Chief Deputy Fire Chief Volunteer Battalion Chiefs Sheriff Detectives Lieutenant- Jail Captain Captain Sheriff Deputy Sheriffs and Sergeants Evidence Technician Animal Control Investigator Other vehicles may have been approved after this date. - 18- 2.76.010-- 2.76.020 Chapter 2.76 COUNTY- OWNED MOTOR VEHICLES Sections: 2.76.010 2.76.020 2.76.030 2.76.040 2.76.050 Vehicles to be used only for county business. Rules regulating use to be set by resolution. ( Repealed). ( Repealed) . Infraction of rules cause for suspension or dismissal from county employment. ( Repealed). ( Repealed) . 2.76.060 2.76.070 2.76.010 Vehicles to be used only for county business. A. County officers and employees of the county drive, operate or otherwise use any county owned, leased, or controlled vehicle for county business related activities. B. No officer or employee shall drive a county vehicle for personal business. This section shall not preclude an officer or employee from stopping for personal business which does not significantly interfere with county business. Such a determination shall be made by the affected department head. C. No officer or employee shall drive a county vehicle without a valid California driver's license. ( Ord. 999 Sec. IV, 2003: Ord. 643 Sec. 1, 1985). 2.76.020 Rules regulating use to be set by resolution. A. All vehicles shall be under the control of the board of supervisors. B. Should a department head deem it necessary that an employee of his/ her department be entitled to utilize a county owned vehicle on a twenty- four hour basis the department shall submit a request with written justification to the county administrative office ( cao). The cao shall make a recommendation to the board of supervisors. C. The board of supervisors shall make the final determination whether a " take home" vehicle is approved or not. D. Each year, as part of the county budget process, the board of supervisors shall approve a list of all county vehicles that are assigned as " take home" vehicles. Only those employees designated and approved by the board of supervisors shall be entitled to have a " take home" vehicle. T2- 56 ( CC 01104) - 19- 2.76.030-- 2.76.070 E. It is the responsibility of each county department head to monitor the use of those vehicles assigned to his/ her department and to ensure that all " take home" vehicles have been approved by the board of supervisors. ( Ord. 999 Sec. IV, 2003; Ord. 643 Sec. 1, 1985). 2.76.030 ( Repealed by Ord. 999 Sec. IV, 2003). 2.76.040 ( Repealed by Ord. 999 Sec. IV, 2003). 2.76.050 Infraction of rules cause for suspension or dismissal from county employment. Infractions of the rules of use set forth in the resolution, pursuant to Sections 2.76.020 through 2.76.040, by any county employee shall constitute cause for suspension or dismissal from county employment, revocation of use of vehicle, or such other disciplinary action as is deemed appropriate by the department head or board of supervisors. ( Ord. 643 Sec. I, 1985) . 2.76.060 ( Repealed by Ord. 999 Sec. IV, 2003). 2.76.070 ( Repealed) . T2- 57 ( CC 01/ 04) - 20- mariposa< rounty< Brandjury P. O. Box 789 Mariposa, Califomia HARJP094 COUNTY COURT ROUSE Board of Supervisors P. O. Box 784 Mariposa, CA 95338 Re: County Vehide Use January 26, 2004 To the Members of the Board I The Grand Jury had concerns about the County's policy and ordinances regarding employees' use of county vehicle before the recent amendment of those ordinances. Whilethe recently enacted amendments puts into place an established procedure for approval of such vehicle use and better defines the lines of authority and responsibility regarding same, they did not answer a recurring concern. There is no prohibitionin the county ordinances for the presence of non- employee third parties in county vehicles, whether during regular business hours or during non- working hours. We are concerned withthe issue of liabilityof the County in the event such non-employee third party is injured while in a County car. Especially of concern to us is the presence of familymembers of the County employee, whether it is a child being taken to or picked up fromschool, or a spouse accompanying the employee to a function. Neither activitycurrently seems to be prohibited under the relevant code sections. There may be a difference in liabilityconcerns between those employees who are a part of emergency response such as fire department or police and those non- safety employees who are allowed to keep a county vehicle at all times. Please respond to the followingquestions concerning this issue by 5: 00 P. M. February 12.2004: - 21- 1. Is there an approved, formal agreement between the county of Mariposa and each individualto whom the Board grants the use of a County vehicle. Ifso, please attach a copy withyour response. 2. Ifthere is an agreement, does it limitthe liabilityof the County of Mariposa from claims by third party passengers? 3. Are familymembers specifically excluded from being passengers in said County vehides? 4. Doe the County of Mariposa maintain insurance which would cover all claims, includingattorney fees for the County, for third party claimants? 5. Is there a written policy regarding familymembers and/ or other non- employee third parties being in a County vehicle? During work hours? During non- workhours? 6. Ifthere is any additional information you believe would help clarifythis issue, please forward italong with your response. Thank you for your attention to this matter. Very trulyyours. ...".. Bob Benson Foreperson - 22- Response to Ouestions Posed bv the 2003- 04 Grand JUry Reeardine: County Vehicles. 1. Is there an approved formol agreemenl between the County of Mariposa and each indiuidual to wlwm thE Board grants the use of a county uehicle? If so, please attach a copy with your response. Each employee when hired must sign Personnel Form " Exhibit F' aclmowledging that they have received, read, and will be guided by the Fleet Safety Program as set forth in the Mariposa County Policies and Procedures for the Operation of County Vehicles. Attached is a copy of " Exhibit F' and the policies and procedures for operating a county vehicle. 2. If there is an agreement, does it limit the liability of the Counly ofMaripDsaftom claims by third party passengers? No, it does not the limit the liability of third party passengers. It does state however, that only authorized employees or persons may ride in the county vehicle, and that elected officials, department heads, and/ or supervisors shall have the authority to authorize the carrying of passengers other than County employees. The Sheriff's Department has a liability waiver form that non- county employees must sign if they wish to participate in the Sheriff's ride- along program. Attached is a copy of the Sheriff's Ride- Along Procedure. 3. Are fanu1y members specijit: ally excluded from being passengers in said County uehicles? No. Family members may be passengers if the County employee has received authorization from their Department Head. 4. Does the Counly of MariPosa maintain insurance which would couer aU claims, including attorney fees for the Counly, for third. party claims? Yes. The County is self- insured through the Califomia State Association of Counties Excess Insurance Authority. S. Is there a written policy regardingfamily members and/ or other non- emplDyee third paTties being in a County vehicle? During work hours? During non- worlc hours? Family members and/ or non- county employees may be passengers in a County vehicle if the County employee has received prior authorization from their Department Head, either during work hours on non- work hours. 6. lfthEre is any additional iriformat. ion you believe would help ck: uify this issue, please forward it along with your response. Attached is a copy of Chapter 2.76 of the Mariposa County Code, which pertains to . the operation of County- Owned Motor Vehicles. - 23- MARIPOSA COUNTY PERSONNEL FORM SAFETY PLEDGE This certifies that I have received, read. and will be guided by the Fleet Safety Program as set forth in the MARIPOSA COUNTY POLICIES AND PROCEDURES FOR THE OPERATION OF COUNTY VEHICLES. I further certify that it is my sincere intention to observe all safety rules with regard to vehicle operation and do my utmost at all times to pl'" Otect the safety of myself and that of my fellow worker and the general public. And. I further authorize the County of Mariposa to obtain a copy of my driving record from the California Department of Motor Vehicles. Date: By: ( Signature) ( Printed Name) DEPARTMENT: CALIFORNIA DRIVER'S LICENSE NUMBER: ori9. - Personnel Copy - Department - 24- MARIPOSA COUNTY POLICIES AND PROCEDURES FOR THE OPERATION OF COUNTY VEHICLES Part 1. GENERAL INSTRUCTIONS Part 2. ACCIDENT PREVENTION Part 3. EQUIPMENT OPERATION Part 4. HANDLINGOF ACCIDENTS Part 5. SAFETY INSTRUCTIONS TO PERSONNEL - 25- FLEET SAFETY PROGRAM Part One GENERAL INSTRUCTIONS The first requirement of an employee is that he exercise extreme care in the operation and handling of all County vehicles or any vehicle employed in County use. All drivers must be completely conversant with the General Safety, Operating and Maintenance instructions contained herein - within 15 days after employment, as it must be understood that rules are useless unless applied. Rules contained within this program are applicable to all persons employed by the County of Mariposa that may operate a motor vehicle in the course of County business. Situations not specifically covered by rule should be referred to your Depanment Head for decision unless circumstances are such that he is not available. Drivers are expected to use their best judgment in such cases and make an immediate report of the maner as quickly thereafter as possible. STATE AND MUNICIPAL REGULATIONS Drivers must familiarize themselves with State, Municipal and other regulations which affect the operation of their equipment. They should be particularly familiar with the vehicle code of this State. DRIVER'S LICENSE Drivers. prior to employment, must secure a State Driver's license or valid tempo rary State permit and must have the license or temporary permit in their possession when on duty. CONDUCT OF PERSONNEL Civil, gentlemanly deportment is required of all employees. They must not enter into any altercation, no matter what provocation may be given, but will report the fact~ to their immediate superior. page 1 of 11 - 26- PERSONAL OBUGATIONS Drivers shall not carry any passengers other than authorized emplovees or persons. Elected officials, department heads or supervisors shall have the authority to authorize the carrying of passengers other than County emplovees. Under no circumstances will helpers or other emplovees on duty be permitted to ride on running boards or on a tractor. Such passengers must be carried in the cab or within the body of the vehicle. This rule is expected on fire fighting equipment or other equipment where required and adequate facilities are provided. Nothing contained in this rule shafl be so construed as to prohibit the carrying of any person or persons in the. case of accident, or other emergency. page 2 of 11 - 27" Part Two ACCIDENT PREVENTION Safety is of the - first importance in the discharge of duty. In any operation of motor vehicles, proceed carefully. Take no chances. The constant exercise of good judgment and strict compliance with rules and orders will, in most instances. prevent accidents. Any act of carelessness, indifference or recklessness shali be regarded as evidence of unfitness of the driver. RECKLESS DRIVING FORBIDDEN No motor vehicle shall be driven recklessly or so as to endanger life. limb or property. RIGHT OF WAY Right of way, even if legally yours, MUST be surrendered if necessary to avoid collision. DRIVING WHILE ILLOR FATIGUED No motor vehicle shall be driven by any driver while his ability or alertness is so impaired through fatigue, illness or any other cause as to make it unsafe for him to drive or to continue to drive a motor vehicle, nor shall he be required or knowingly be permitted to drive while in such condition. USE OF ALCOHOLIC BEVERAGES No driver shall go on duty while under the influence of, nor drink while on duty. any alcoholic beverage or liquor, whatever its alcoholic content. USE OF NARCOTICS No person who is addicted to the use, or under the influence. of narcotic drugs or amphetamine or any derivative thereo. f shall operate any motor vehicle. USE OF DANGEROUS DRUGS No person shall operate any motor vehicle while knowingly under the influence of any dangerous drug, to a degree which renders him incapable of safely driving a vehicle. " CLEAR COURSe" BEFORE STARTING No motor vehicle shall be set in motion until due caution has been taken as to ascertain that the course is clear. Before proceeding through restricted clearance, underpass or bridge, a driver shall first make sure equipment and cargo will pass through without. damage. Drivers shall make certain before backing that it is safe to do so and, if necessary, shall get out of the equipment to satisfy themselves as to the safety of the contemplated move. In cases where it is necessary to back into heavy traffic or into areas of restricted clearance. drivers should obtain assistance if possible. Nothing contained in the foregoing backing rule relieves the driver of full responsibility in the event of an accident. page 3 of 11 - 28- SPECIAL STOPS REQUIRED The driver, if any vehicle upon approaching any entrance of a highway or intersection, or railroad grade crossing posted with a stop sign, except as otherwise permitted in this paragraph, shall stop: ( a) At a time limit, if marked, otherwise before entering the crosswalk on the rear isnidteersecotfiont. he intersection or. if not, then before entering the highway or ( b) ( c) At any point within an intersection as required by a stop sign erected therein. Before entering a highway railroad grade crossing. PRECAUTIONS AT RAILROAD GRADE CROSSING Whenever any person driving a vehicle upon a highway approaches a railway grade crossing and a visible and electric or mechanical signal device gives warning of the approach of a railway train or car, the driver of the vehicle shall stop within 50 feet, but not less than 10 feet, from the nearest track of the railway but need not remain standing if he can proceed in safety. The driver of the vehicle shall likewise stop and remain standing and not traverse such a grade crossing when a human flagman gives, or continues to give, a signal of the approach or passage of a railway train or car. The provisions of this paragraph shall apply to the operation of the following vehicles: 3. 4. 5. 6. 1. 2. Any motor truck transporting employees in addition to those riding in the cab. Any bus transporting employees. Any bus transporting minors on any outing organized on a group basis. Any vehicle carrying expl. osive substances as a cargo or part of a cargo. Any tank vehicle whether loaded or empty, Any vehicle transporting more than 120 gallons of flammable liquids or liquefied petroleum 9, as in ~ ontainers having a capacity of more than 20 gallons as a cargo or major portion of a cargo. Before traversing a grade crossing of a railway or electric railway, the driver of any vehicle described above, shall stop such vehicle not less than 10 nor more than 50 1eet from the nearest rail of the track and while so stopped shall listen and look in both directions along the track, for any approaching train or interurban car, or other vehicle using such rails, The vehicle shall - remain standing while any train is moving toward the crossing and is close enough to constitute an immediate hazard. Unless a train or locomotive is approaching, the driver of a motor vehicle need not stop at any industrial or spur track unless it is determined by the Public Utilities Commission that a stop should be made. In this case, distinctive signs shall be erected where no stop is required. No stop need be made at any crossing where an officer is on duty and directs traffic to proceed nor where a stop and go signal is in operation and indicates that traffic may proceed. page 4 of 11 - 29- The driver of any vehicle, upon meeting or overtaking from either direction, any school bus equipped with signs, as required in the vehicle code, which has stopped for the purpose of receiving or discharging any school children and displays a flashing red light visible from front and rear, shall bring such vehicle to a stop immediately before passing the school bus and shall not proceed past the school bus until the red flashing signal ceases operation. The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a school bus which is upon the other roadway. The driver of a vehicle need not stop upon meeting or passing a school bus when the school bus is stopped at an intersection or place where traffic is controlled by a traffic officer or official traffic control signal. OTHER USERS OF HIGHWAY NOT TO BE ENDANGERED No motor vehicle, except in case of emergency, shall be stopped, its speed suddenly decreased, not its course or direction changed, unless the driver thereof shall have exercised due caution to ascertain that such acts can be performed without endangering other users of the highway. VEHICLE MUST BE IN PROPER POSITION FOR MAKING TURNS Upon aU highways, any right turn shall be made from a position which is as close as . practicable to the extreme right side of the traveled portion of the highway. . Upon tWo- way highways, any left turn shall be made from a position which is close as practicable to the center of the traveled portion of the highway. Upon one- way highways and upon highways on which the opposing streams of traffic are separated by a dividing strip or zone, any left turn shall be made from a position which is as close as practicable to the extreme left side of the traveled portion of such highways. In all cases, turns shall be made with due caution, having due regard to the length of the motor vehicle and any load thereon, the width of the roadway and other traffic. Before making any turn, the motor vehicle shall be driven into the proper lane well in advance of the intersection. SPECIAL CARE IN OVERTAKING OR PA~ SING No motor vehicle shall be driven past. a vehicle or vehicles proceeding in the sa. me direction, unless there is ample visible space ahead to do so without endangering any other user of the highway: if necessary, an audible signal of intention to pass shall be sounded. After passing, the motor vehicle shall not be returned to the right side of the roadway until safely clear of the overtaken vehicle or vehicles. OVERTAKING MUST NOT BE PREVENTED BY SPEEDING UP The speed of a motor vehicle shall not be increased to prevent being overtaken by another vehicle attempting to pass. PRECAUTIONS WHEN VEHICLE IS LEFT UNATTENDED No motor vehicles shall be left unattended regardless of whether it appears to be on a grade or incline after: ( 1) the parking or hand brake has been securely set and ( 2) the vehicles has been placed in the lowest possible gear, reverse if headed down hill, low if headed up hill, in the case of automatic transmission, in the PARKposition, or its wheels securely blocked and ( 3) all other reasonable precautions have been taken to prevent its movement while unattended. page 5 of 11 - 30- VEHICLES WHEN STOPPED MUST NOT INTERFERE WITH OTHER TRAFFIC No motor vehicle shall be stopped. parked or left standing, whether unattended or attended. upon a traveled portion of any highway outside of a business or residence district, when it is practicable to stop. park, or leave the motor vehicle off the traveled portion of such highway. When conditions make it impracticable to move the motor vehicle from the traveled portion of the highway. every effort shall be made to leave all possible width of the highway opposite such standing motor vehicle for the passage of other vehicles. and care taken to provide a clear view of such stopped motor vehicle as far as possible to the front and rear. EXTREME CAUTION REQUIRED UNDER HAZARDOUS CONDITIONS Extreme caution in the operation of motor vehicles shall be exercised under hazardous conditions; such as snow. ice. sleet, fog. mist. rain,. dust, smoke or any other condition which adversely affects visibility or traction, and speed shall be reduced accordingly. FLOODS: In case of extraordinary rains or high waters, vehicles shall be stopped in a pr9tected and elevated location if possible. Before proceeding, driver must ascertain that roadway. including bridges and trestles are safe. OPERATION DURING FOG: Drivers encountering fog should reduce speed so that vehicle can be stopped within the space of highway visible ahead of the vehicle. In case of severe fog where visibility is such that continued operation is hazardous. driver shall pull vehicle off highway until fog has lifted. In such cases, lights shall be lighted and flares. fuses or electric lanterns placed in manner prescribed. LIGHT OR FLAG ON END OF PROJECTING LOAD During the time when lights are required to be displayed, there shall be attached to the rearmost extremity of any load which projects four feet or more beyond the rear of the body of the motor vehicle or to any tail board or tailgate so projecting or to the rearmost extremity of any load carried on a pole trailer. two red lights securely fastened thereto, which shall be plainly visible for a distance of at least 500 feet to the sides and rear under normal atmospheric conditions. At all other times, a 16'" square red cloth flag shall be so displayed. . page 6 of 11 - 31- Part Three EQUIPMENT OPERATION It is acknowledged that drivers in our service are experienced and capable operators; however, there are certain operational procedures which the County's experience indicates should be done in a specific manner. In all of these cases. the reasons for doing so may not be self evident to the individual or may be considerably different to what a new employee is accustomed to doing. If so, the application of the data outlined in this section will eliminate errors, prevent accidents and increase your unit's life and efficiency. EQUIPMENT TO BE IN GOOD WORKING ORDER No motor vehicle. County owned or privately owned and used in County business, shall be - driven for County business unless the driver thereof shall have satisfied himself and his department head that the vehicle is in good working order and the following items have been thoroughly checked using our operator equipment report. A complete check of each vehicle is to be conducted by the driver each day. The crew foreman shall Inspect all vehicles used by his department once a month and submit an Equipment Inspector's Report to the office on each vehicle. The crew foreman should inspect equipment approximately two weeks after the - Safety Inspector has - inspected the equipment. IDLING COLD MOTORS Drivers must idle cold motors for not less than 3 minutes before starting on their runs. Idling speed must be adjusted so that motor is operating at a fast idle. Motors must not be raced under any circumstances. Excessive use of the choke must be avoided. Under no circumstances may drivers leave the vehicle unattended with the motor running. MOTOR SPEED Internal combustion engines are designed to operate most efficiently and without damage at a minimum and maximum speed in r~ volutions per minute. When a motor is operated in a gear which turns the motor over below the minimum speed, it is being " lugged" and damage to bearings will result. When a motor is being operated at a speed over the maximum for which it was designed, it is being " overspeeded" and this practice likewise seriously damages the motor. Lugging principally occurs on hills or in starting and is due to improper gear selection. Overspeeding can occur on down grades or on the level if the governor is not working properly. A simple method of ascertaining if you are lugging your motor is to note if the unit can pick up speed regardless of gear at full throttle. If it cannot, reduce gear ratio to a point where you have reserve power. BRAKES Test brakes' immediately upon leaving and before attaining a speed of 10 miles per hour. If any defect is discovered in a brake test which impairs safe operation. immediate repairs should be made. Drivers operating trucks or tractors equipped with air brakes shall not move equipment until motor has run sufficient time to allow compressor to build up pressure registering from 90 to 120 Ibs. on dash gauge. Air tanks on units equipped with Air Brake Systems shall be bled regularly to prevent accumulation of water in tank. page 7 of 11 - 32- Drivers will see to it that this is done at least once every 1000 mile service period. Equipment operating in exceptionally call weather shall have tanlcs blown daily. Constant check is" to be kept on air pressure gauge. Brakes will not release umil 40 Ibs. of pressure is built up. Normal working pressure should not be permitted to drop below 70 Ibs. If a check of the gauge reveals pressure has dropped. driver shall stop and make an immediate check of air lines and compressor belt. Vacuum and air hoses must be handled with care and not allowed to come in contact with dirt or dust when uncoupling or coupling, as the suction will pull foreign matter into the line and valves. page 8 of 1: - 33- -- ------------- Part Four HANDLING OF ACCIDENTS All personnel must" be familiar with the following instructions on the handling of accident reports: DUTIES OF DRIVER IN CASE OF ACCIDENT All accidents, no matter how minor, must be reported. Failure to report all accidents immediately will be considered groun, ds for disciplinary action. Drivers involved - in accidents must not, under any circumstances, make admissions as to negligence or liability. Drivers are not to authorize repairs or to offer to personally pay damages. Refer all claimants to your Department Head. Sign no statements and do not discuss the accident with parties not officially connected with the County of Mariposa or the Highway Patrol. The driver of any motor vehicle involved in an accident resulting in death, personal injury, or property damage, shall forthwith stop at the scene of the accident and remain there until he shall have ( a) rendered all possible assistance to injured persons; and ( b) give to other party involved, his name and address, the name and address of his employer, and his vehicle registration number. He shall take all reasonable precautions to prevent any further accidents at the scene. As soon as possible after the accident, the driver shall report all details of the accident to his employer on the Reid Report form contained in the vehicle. WHAT TO DO IN CASE OF PUBLIC LIABILITY OR PROPERTY DAMAGE ACCIDENTS If you are involved in an accident in which there is death, injury or property damage, you are required by law to stop immediately and: 1. Give to the other party your name and address, the County's name and the license number of the vehicle you are driving. 2. Show the other party your license if requested. 3. Render any injured person reasonable assistance including conveyance of an injured person by ambulance to a doctor or hospital if in apparent need of treatment. Do not attempt to move an injured person unless absolutely necessary until an ambulance crew or doctor arrives and examines injured party. If the other vehicle involved is unattended, you must stop immediately and: 4. ( a) Then and there locate or notify the owner or: page 9 of 11 - 34- leave in a conspicuous place a written notice giving your name and address and a statement of thecircumstances and, in California, send a similar notice to the County Sheriff or California Highway Patrol Office. In addition to the foregoing, you must: In California, report to the Department of Motor Vehicles, or any branch thereof, all accidents resulting in injuries or death within 24 hours after such accident. The report is to be submitted on the Division of Motor Vehicles Accident Report Form. If inside incorporated city limits, make report to local law enforcement body immediately. ( b) REPORTING ACCIDENTS PUBLIC SAFETY, PROPERTY DAMAGE, FIRE, THEFT All accidents, of whatever nature or extent, are to be reported by you to your Department Head on the insurance carrier's accident report form as soon as possible after occurrence. For your convenience in taking down data at the scene of the accident, a field report form is furnished. A copy of this form is to be kept in each vehicle and is to be filled out in detail immediately. Accident report forms are to be filled out completely and in detail and signed by the driver. Give name of all passengers and state damage even if slight. If no damage, write in the word " none." Numbers of all equipment involved is to be shown on card. GET NAMES OF WITNESSES IF POSSIBLE Estimate, in dollars, the extent of the damage. If accidents result in injury or death or damage is great, advise your Department Head or office by telephone. COMMUNICATIONS REGARDING ACCIDENTS If you receive letters or are served papers as the result of an accident, send them immediately to your Department Head. Make a note of the time, place and date of receipt of the service and furnish him with any documents served on you. EDUCATION PROGRAM ( a) Upon adoption of this program, general safety meetings shall be held in all departments so that safety program may be fully explained. General safety meetings should also be held at various times to discuss accident trends and methods of relief. Also, to explain various charts and analytical data which will be made available. These charts may be posted on bulletin boards. ( b) EQUIPMENT MAINTENANCE ( a) Drivers must report to their Department Head or supervisor any mechanical troubles or failure at once either upon leaving or checking in, on our operator's equipment report. Verbal reports will not be accepted. Drivers must also, upon first taking our equipment, carefully inspect conditions of same, note any damage which is apparent, and if found damaged or defective in any way. note on report form and give to Department Head or supervisor in charge. ( b) ( c) Department Heads or supervisors shall immediately report any mechanical troubles or failures to the Fleet- Fiscal Manager who will arrange for replacement with alternate vehicle. page 10 of 11 - 35- Part Five 1. Safe Operations: Prior to' commencing the day shift, every operator of a piece of equipment will check his equipment and fill out and sign equipment operators report. 2. If in the opinion of the operator, something needs attention to avoid possible damage to the machine or danger to the operator, the equipf! 1ent shall not be used until such defect is corrected and the repairs noted on the Equipment Operators Report. If the' operator is in doubt as to possible existence of a defect that would affect the safety of either the operator or the equipment, such equipment shall not be used until said machine is cleared by a shop mechanic or crew foreman. The foreman or mechanic will fill out and sign an Operators Equipment Report noting his findings and repairs if required. 3. 4. County Road Division personnel traveling to a job site and observing a potential hazard to the traveling public, will stop and make every effort to make the hazard safe. In the event the hazard cannot be removed, the employee will clearly mark the hazard so as to be apparent to the traveling public and report immediately to the office or some employee who can remove the hazard. page 11 of 11 - 36- l\' laripos., County Sheritrs D~ parlmenl GE~ ER-\ L ORDER89-" DATE: MARCH 16.1989 R~ vised: J: mu: u- y 22, ! OO~ '!' DE:".: AS: Ride- AICll1g PrQcedure RIDE- ALONG PROCEDURE A. To ~ smbli, ill guid:: line~ regulating situation." in which person." otl~ r that Sheriffs Depanment personnel ride- alQng ' With on- duty Sherin,:; Department personnel operating county vehicle..;. B. To acqu: Jint Plivate citizel1~. government officials, members of the press, and Peace Offic~ from allied I; lwenforcemcnt agencies with the fidd operations of the depanment. I. Ride- along." are for obsel"". nion purpose,; only. to provide: insight into lite actn'ities and rc,.. ponsibilities of the depamnent and n's personnel. M: Jny people are not prepared to confront the serious hazards otten eocountered by law enf'Orcement officer.;. As a result, il is in the best intereSL~ orthe depamnent and the public that ride- alongs not be encouraged l'Orindividuals without a specific need t( l obsel"'' C department fields. 11. Ddinition., A. A ride- along is defined 3." \\ ri1enan individual, other that a department employee, is allowed to ride as an ob;; crving passenger in a department vehicle with an on- duty employee. " I. Gcncr. 11 "-\. This urdcr does nol apply to departmentally approved ride-: Jlongs ( reserve ride- along.~. dispat:: h oricnlation. etc.) or when emergency condition renders the provisions impracticaJ. 13. Ride- along reque: iLS fQnn private citizens without a specific need to obselVe departmental field operalion shall not be approved. C. Ride- a/ ongs by P~ acc Otlicers from other allied law enforcement agencies, judges, district attorneys, clc: cledo/ licial: i, the news media. etc. may be pern1ittedwith the approval oflhe Dh'ision Captain or hi,;: 11cr designee. D. .'\ 11ride- along. o; who are :; ubjeetto the provision of this order shull read and sign this department's ride. along waiver of liability. E. Hide- alon!! s under Ihe age of eighteen years an: nol encouraged and shall not, under 1110stcil" CulIlstances. be apprcl\' ec. I. On any l) ccasion when a rid~- along under the age of eighteen is appro\' Cd. the paren: or guardian or said ridc:- alongshall read and sign. along \\, ith the ride- along. the waiver of liability. I\'. Pr(. c: ctbrc :\. ( j.: nc: rni I. Ride- a! ongs shall not be allowed unti: approval is obtained from a Oh'ision Capt~ in, the UndersheriiT. or the Sherif!: - 37- MARIPOSA COUNTYSHERIFF'S DEPARTMENT WAIVER OF LIABILITY In consideration for being permitted to ride in a Mariposa County She~ iff's Department vehicle the undersigned assumes all riSKS for damage or loss either to person or property from all and every cause. including negligence. violation of law. or willful misconduct on the part of the Mariposa County Sheriff's Departmen~. its officers, employees, or agents during such ride or as an incident thereto. or in connection therewith, it being the understanding that the County o~ Mariposa, the Mariposa County Sheriff's Department, its officers. employees, or agents, incur no liability or obligation to the undersigned, his/ her heirs. successors or assigns other than to permit his/ her to ride in such vehicle at such times as may be mutually agreed upon. This waiver applies to each and every ride which the undersigned may take in a Mariposa CountySheriff's De-partment vehicle. NAME: IprlntJ ADDRESS: PHONE: S! GNATURE: DATE: W: TNESSEDBY: ADDRESS: APPRGVEDBY : DATE: - 38- f\. bripos., County SheritTs Department !. B; ls~ d on th~ ,'~' ational n~ cds of the dt.- parIl1lenl. limitations may be imp~\" ed (\ 0 a ride- ailing 111 Icnl1." ., 1' duration. 1. X'alion. allowable r.::; pon", c to \'; lriC'U.<~'- pes of incidcl1! s. etc. ~. Ride- al,' ng panidpant,. " h.., 11wc: u' appropnate allire as m.., y be dClemlined by the on- duty sluti ~ lIp~ f\. i~() r. ~. Rid~-" I~) ng panidp: mls shall be bridcd on Ihe r(\ Uline tasks and duties of p: urol dcputies (( 1prcpan: the rider for situ: uioIL'i that may be cm: ouDlcrcd. 5. The r.' k ., fa ride- along particip: Ull should be thai of an ob", erveronly. and Ihe panicip.. nl'~ in"" h'emcnl in any sinlalion shall be limited 10actions .: s.." colialto officer safcly. 6. Dcputi~ shall exercise due care when detennining the localion or position of a ride- along panit: ip: lnt during a rouline traffic stop or olher incidenr ( e. g., scared in the vehicle. standing a\ II: I)' rrom: 1n colcrgency scene in a sate location. etc.) 7. A dcput), who ha,; a ride- alQng participant and is assigned to a hazardous sitUationshall immediarely ensure rhal hiS/ lt!: rimmediate : iUpervisorand the dispatcher are notified. I. In such sitUalions deputit.- s shall gi\ Ie serious con.' iideration to dropping Ihe ride- along participanr al a safe local ion and relum for the individual after the incidenl has been conclud.: d. :!. Dispulch shall be notified on any occasion when a ride- along participanl is dropped off according 10 Ihe provision.' i of Ihis order. S. :\ waiver ofliabililY shall be signed by all non- dcpanmem employee ride- along participanls prior 10 ;) ride- along. B. Pe: lce Otticer Ride- Alon!! s I. The provision.' i conlaincd in Seclion IV " A" of this order shall apply 10 Peace Officer from allied law enforcemenl agencies. 2. I) t: ac~ Officen ITem allied law enforcemenr agencies shall bave approval from a penon of proper aUlhoriry prior 10 a ride- along with this department if they are to be armed. a. Such approval shall be vcrified al the time rbe waiver ofJiabilily is submiued and such verification shall be noted on the waiver ofliabilily. 3. E.'\: CCplfor tho~ cmplo)' Ct.." Swirhin an agency who wear eh'ilian auire while ' working. a supervisor may require ann.: d allied law t: nforccmcnt officcrs 10 \\ Icar eilher uniform or appropri3le civilian auire during Iheir ride- illong. . J. Ridc:- alongs from allied law ~' 11fl'rco:: mcntagencies s!-. all be ad\' lsed thai Ihey arc obsef\' ers only and Ihal im- oh'cmcnl in any Situalion shall be limited 10 aclion which is CS, o; entialto olliec: r safcIY. ~~ ~ Jamt.- s~ ii~~' SIIl:' rilr Coroner Public Admini,; tralt.' r - 39- Findings, Recommendations and Actions Case # 2- Nepotism Nature of Complaint: A member of the public at large was concerned that spouses were working in the same county department with one of them employed as the head of the department. Findings: The area of concern is the same department and the same situation as found in the " 2002- 2003 Mariposa County Grand Jury Final Report", page 9. The previous Grand Jury investigated and found the Mariposa Nepotism Policy was as strict as it could be under California Law. Further, changes were made in that office so the spouse reported to a supervisor other than the department head spouse. It was concluded at that time that the individuals were in compliance with State law, County ordinances and policies. Recommendations were made for the County Personnel Director to ensure all county employees were infonned about the nepotism policy. Each Grand Jury is required to make its own independent investigation of complaints and cannot rely on investigations and/ or conclusions of a prior Grand Jury. Either the current Grand Jury may reject the current complaint due to its already having been the subject of a Grand Jury inquiry or it may open a new investigation. Due to the recurring theme of this complaint, the possibility of wider effects in other county offices, and some questions about the documentation from the prior year's investigation, a new investigation was undertaken. Actions: Documentation from the prior year was reviewed and a follow- up inquiry of the affected office was perfonned and it has been determined that the changes have, in fact, taken place. Thomas P. Guarino, County Counsel for Mariposa County, was contacted to review the current Mariposa County nepotism policy, State law, give advice about the ability of the Board of Supervisors to change the nepotism policy and to comment on a hypothetical situation concerning spouses working in the same department. Mr. Guarino's response is attached, along with copies of the following documents: Mariposa County Nepotism Policy California Code of Regulations, Sections 7292.4 and 7292.5 - 40- Letter from JeflTeyG. Green, ( former) Mariposa County Counsel, dated February 27, 2003 Response from Ken Hawkins dated August 18, 2003 Conclusions: The Grand Jury concludes that the department in questioned is in compliance with State law and with the Mariposa County Nepotism Policy. The Recommendations of the 2002- 2003 Grand Jury in this regard, if they are followed, are sufficient regarding the issue of nepotism. However, members of this Grand Jury raised collateral issues regarding family members working in the same county office as affecting employee morale and possibly creating a hostile work environment. While there is not currently a complaint before the Grand Jury about these issues, we feel they are serious and should be addressed by the County Personnel Director. Recommendations: I. The Mariposa County Board of Supervisors, Chief Administrative Officer, and Personnel Director should make readily available to each county employee a copy of the nepotism policy. 2. The Mariposa County Board of Supervisors, Chief Administrative Officer, and Personnel Director should have a procedure in place whereby an employee can make a confidential complaint about hostile work environments and/ or office morale and insure that each county employee is infonned as to this procedure. - 41- OFFICE OF JEFFREY c. CJU! EN Count; y Counsel ( 209) 966- 3222 P. O. Box 189 M8iposa. CA 95338 FAX( 209) 966- 5147 QI~ e QIuuut! 1 aIwntsel MARIPOSA COUNTY February 27, 2003 Nonn Ross, Grand Jury Foreman Mariposa County Grand Jury P. O. Box 789 Mariposa. CA 95338 CONFIDENTIAL Re: Nepotism Dear Norm: Thank you for your letter that I received on February 2S, 2003 regarding the above matter. I am enclosing for your review a copy of the Mariposa County Nepotism Policy, i. e. Mariposa County Board of Supervisors Resolution No. 86- 79. At the time of the adoption of Resolution No. 86- 79 it was my opinion that the Policy CODtainedtherein was as striCt as the County could make it and still be consistent with California State Law, including Department of Employment and Housing Guidelines and Regulations. As a resuit of receiving your letter. I reviewed the existing law and have found no changes that would alter my opinion that the Nepotism Policy is as strict as allowed by state Ja. w. Also enclosed is a copy of my memorandum dated Febnwy 5, 1990 to the Mariposa County Operations Committee relative to this matter and a copy of California Code of Regulations. Title 2, Section 7292.5 which deals with employment of a spouse. Should you have any additional questions regarding this matter. please feel free to contaCtme. Very truly yours, ~ A Jeffrey G. Green County Counsel rs encUas stated - 42- Ol. flCEOI. Thomas P. Guarino Co1DltyCounsel ( 209) 966- 3222 P. O. Box 189 Mariposa, CA 95338 Fax ( 209) 966- 5147 E- mail: tguarino@ mariposacounty. org ' CEIy!? illaunt~ ([ ouns21 MARIPOSACOUNTY February 25, 2004 Robert Benson, Foreman Mariposa County Grand Jury P. O. Box 789 Mariposa, CA 95338 CONFIDENTIAL Dear Foreman Benson: I have in hand and have reviewed your letter of January 12, 2004 which I reviewed for the first time on February 24, 2004. It appears the first one you sent did not arrive or was lost in dJe transition. The issue of the County's Nepotism Policy was reviewed last year by the County Counsel's Office at the request of then Foreman Ross. I am enclosing a copy of the February 27, 2003 response. I have reviewed cuuent case law since lite February 27,2003 opinion by County Counsel and am in agreement with that opinion. ( am also providing copies of the currenl California Code of ReguJations, Sections 7292.4 and 7292.5 by way of example ofthc state restrictions on nepotism policies. With respect to your specific questions I have the following responses: I. While state law ( imits the Board of Supervisors ability to enact ordinances in this area, the Board is not " powerless" to make some changes. These changes would however be resbicred by both California State law, for example the California Fair Employment and State and Housing Act and Federal ConstitUtional Considerations. 2. Hostile work environments and morale issues are separate from nepotism policy limitations Hostile work environment claims are based on case law and statute. 3. With respect to the hypotheticaJ sct: l1ario you raise, J am not sure the Nepotism Policy is the issue- The Board can change the Policy; however, my opinion is the current Nepotism Policy is about as sbict as allowed by law at this time. r hope this information assists your review. Very truly yours, ~' 1~. Thomas P. Guarino County Counsel TPG/ rs end/ as staled -. B- MARIPOSA COUNTY RESOLUTION NO. 86- 19 ADOPTING A POLICY REGARDING NEPOTISM WITHIN COUNTY DEPARTMENTS WHEREAS,. it has been brought to the attention of the Board of Supervisors that some public concern has been expressed regarding hiring members of the same family by the County, and WHEREAS, the County is restricted by State law in terms totally prohibiting such employme~ t, and WHEREAS, the Department of Fair Employment and Housing of the State of California has adopted certain regulations regarding employment of family members, and of WHEREAS, the Couty desires to adopt a policy that is consis-tent with State law; NOW THEREFORE, BE IT HEREBY RESOLVED by the Board of Super-visors of Mariposa County as follows: 1. A County appointing authority described as a Department head, and/ or authorized designee, an elected official, or quorum of a body fully empowered to make apPOintments to posi-tions in County service, shall not employ his/ her father, mother, brother, sister, wife, husband, or child, or the wife or husband of such relative within the Department. 2. Employees shall not be appointed to positions wherein they will directly supervise, or be directly supervised by members of their families as cited in Paragraph 1, above. 3. This policy will apply to all part- time, help, contractual, and regular full- time employees. 4. Any employees appointed or hired in contravention of this policy shall be subject to ~ ediate release from County employment by the Board of Supervisors, regardless of the ap-pointing authority. extra- 5. This policy shall become effective of this Resolution. upon adoption PASSED County this lowing vote: AND ADOPTED by the Board of supervisorsof Mariposa 4th day of March , 1986,. by the fol- AYES: NOES: . ABSENT: . ABSTAINED : BARRICK. NONE DALTON NONE ERICKSON. RADANOVICH. TABER ~-)- h. l;',£" f4.. . i \? A:~ A,-. l. v- l-€. k . ,7 BEVERLY B~, Chairman Board of supervisors - 1- - 44- ATTEST: MC CARTHY, County Cl Ex Officio Clerk of the Bo~ APPROVED AS TO FORM AND LEGAL SUFFICIENCY: - 2- - 45- 10fiDOCUMENT BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright Q 2004 by Barclays Law Publishers All rights reserved . THIS DOCUMENT IS CURRENT THROUGH REGISTER 2004, NO. 6, FEBRUARY 6, 2004 . TITLE 2. ADMINJSTRA TION DIVISION 4. FAIR. EMPLOYMENT AND HOUSING COMMISSION CHAPTER 2. DISCRIMINATION IN EMPLOYMENT SUBCHAPTER 7. MARITAL STATUS DISCRIMINATION 2 CCR 7292.4 ( 2004) It § 7292.4. Pre- Employment Practices ( a) Impermissible Inquiries. It is unlawful to ask an applicant to disclose his or her marital stanis as part of a pre-employment inquiry unless pursuant to a pcnnissible defense. ( b) Request for Names. For business reasons other than ascertaining marital status, an applicant may be asked whether he or she has ever used another name, e. g., to enable an employer or other covered entity to check the applicant's past work record. ( c) Employment of Spouse. It is lawful to ask an applicant to state whether he or she has a spouse who is presently employed by the employer, but this information may not be used as a basis for an employment decisioD except as srated below. AUTHORITY: Note: Authority cited: Section 14I8( a). Labor Code. ( Section 12935( a). Government Code.) Reference: Sections 1411, 1412, 1420, Labor Code. ( Sections 12920, 12921. 12940, Government Code.) - 46- 10fiDOCUMENT BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright C 2004 by Barclays Law Publishers All rights reserved . THIS DOCUMENT IS CURRENT THROUGH REGISTER 2004, NO. 6, FEBRUARY 6, 2004 . TITLE 2. ADMINISTRATION DIVISION 4. FAIR EMPLOYMENT AND HOUSING COMMISSION CHAPTER 2. DISCRlMlNA TION IN EMPLOYMENT SUBCHAPTER 7. MARITAL STATUS DISCRIMINATION 2 CCR 7292.5 ( 2004) § 7292.5. Employee Selecrion ( a) Employment of Spouse.. An employment decision shall not be based on whether an individual has a spouse pn: scntly employed by the employer except in accordance with the following criteria: ( I) For business reasons of supervision, safety, security or morale, an employer may refuse to place one spouse under the direct supervision of the other spouse. ( 2) For business reasons of supervision, security or morale, an employer may refuse to place both spouses in the same department. division or facility if the work involves potential conflicts of interest or other hazards greater for manied couples than fur other persons. ( b) Accommodation for Co- Employees Who Many. If co- employees marry, an employer shall make reasonable efforts to assign job duties so as to minimize problems of supervision, safety. security, or morale. AUfHORlTY: Note: Authority cited: Sedion 12935( a), Government Code. Reference: Sections 12920. 12921 and 12940, Govcmment Code. HISTORY: I. Repealer and new section filed 6- 20- 80 as 3Demergency; effective upon filing. Certificate of Compliance included ( Register 80, No. 25). 2. Editorial correction of NOTE ftled 4- 23- 82; designated effective 6- 1- 82 ( Register 82, No. 17). - 47- MARIPOSA COUNTY AUDITOR posr OmCE BOX 729 4982 10THSTREET MARIPOSA, CALIFORNIA 95338 Ken Hawkins. County Auditor Christopher Ebic, Asst. Auditor Office 109- 966- 7606 Fax 20~- 966- 7810 E- mail: auditon@ siemttel. com August 18. 2003 Honorable F. D: 1naWalton Presiding Judge of the Mariposa Cou~' Superior Coun 5088 Bullion Street PO Bo" 28 Mariposa, CA 95338 Re: Additional response ( 0 Grand JUl}' Repon for fiscal year 2001- 03 ( nepotism) Dear Judge Walton. r have reviewed the finding.') of the Grand Jury reg. 1rding C: lse # I - Nepoti!' m Concerns. and the follo\\ ing arc fDJ'comments: My understanding is that the Supervising Appraiser is prtn iding direct supmision of me related employee ( wife orlbe dcpartmeDt head). and that the Supenising Appraiser will be signing and raic\\ ing the timeslteer mbmiUed by the wife. The Auditor's Ofr1Ce,,; 11 f'a- ie\" tile timesheet submitted eacll m( 1nthto ensure 11mtile Supervising Appraiser is ,- eri(\" ing and signing ( appro,' ing) submined time sheets, In theory and as indicated by Jeff Green's Letrer ( CowlSCl) to the Grand JUI)' Au", OUSt. 2J0, 03. the COUDI)' bas satisfied personnel rules in accordance \\ ith State of California Emp1~- ment and Housing Guidelines, HOU'I: VCtrh. e filet remains that in a sman office ~ cft ; ISthe Assessor. the " iCe of the Assessor is perfiHmiDga lead position in the office requiring supen- ision ~. the depanment head. No amount of paper shuftling, or timesbeet signatures \\- ill change that fact. Nor does the fac1 that the ckpa. ttw~ uthead, who is Jaidy in office. change the need that in a propcrl}' functioning office.. he would be pnniding a[ least p: utial supervisiODto his wife's position. Due to the fact that the " ire ofthc depanmcII1 head is directing employees in the office. leaves little roam for emplo~' ees to ~. oicetheir concerns to the dcpamnent bead that would routiJJeJybe addressed by the depranmcnt head. As a resuJL morale in the office has suffered. Knowing that a DCpOtismissue would dcvelop. the Board of Supcnisors could probably ba,,~ 3\- ertcd the issue by appointing an independent and unencumbered c: mdic: tJteto fill the UfIe.'- piredterm of the departing Assessor. ~ MariJn: a County Auditor cc: Rich Inman. County Adminisuative Officer ~ FV- i~ Dana: W I: on. Presiding Judge KH: 1ch - 48- Findings, Recommendations and Actions Case # 3: Yosemite West Community Planning Advisory Committee Nature of Complaint: A multi- part complaint was received about the Yosemite West Community Planning Advisory Committee ( hereinafter called " Yosemite West") which included: 1. Adherence to Mariposa County Code Chapter 2.50.100, copy attached, including but not limited to: A. Inadequacy of notices of meetings B. The make- up of the committee. C. The unavailability of minutes of meetings. 2. Changing the designation from a " Special Plan" to " Specific Plan" and did this have any significance in regards to the California Environmental Quality Act or General Plan. 3. Adherence to Res. 2003- 385, adopted Oct. 21, 2003, copy attached. Other complaints were received concerning these same issues in regard to other planning action committees. The unavailability of minutes at subsequent meetings of planning action committees, as well as those of the Board of Supervisors, was a common complaint. Actions: Review of the complaint and supporting documents. Review of the Planning Department website, which contains information on meeting dates, agendas and minutes. A letter was sent to the Board of Supervisors with questions concerning this complaint. Sarah Williams, Interim Director of the Planning Department, responded and the response was reviewed. A copy of the response is attached. Interview with the District Attorney regarding inadequate notice. Findings: Inadequacy of Notices of Meetings: Unfortunately, there was not sufficient time to adequately research each and every notice for each meeting. The thrust of the complaint was that not all notices were timely - 49- published in the Mariposa Gazette and that notices required to be posted in local places were done so only as a courtesy by committee members, as they didn't understand that posting was mandatory. The complainant has copies of some Gazette notices and prepared a list by date of publication and meeting date which showed some meetings received only 12 days notice. Due to time constraints, Grand Jury members did not look at each issue of the Mariposa Gazette published over the last year and a half. Bob Brown, the Mariposa District Attorney, counseled that even if the complainant's statements concerning the legal deficiency of the notice, there would probably not be a violation ofthe Brown Act which governs public meetings. The meetings were held in public and notice was given, even if 12days instead of the legally mandated 14days. He opined that the acts ofthe various governmental bodies would be up- held in a court of law. Make- up of Committee: Under Resolution 98- 210 establishing Yosemite West on June 9, 1998, the committee was required to be made up of A.". . .9 members. All members shall either reside or own property within the geographic boundaries of the Yosemite West subdivision. The members must maintain these qualifications for their entire term. B. Members of the Community Planning Advisory Committee are to represent a cross- section of the community. C. If any member of the CPAC misses two ( 2) consecutive scheduled meetings, without a valid excuse, then that person shall no longer be deemed a member of the CPAC and the Board of Supervisors shall initiate proceedings for filling a vacancy." Resolution 2003- 385, adopted October 21,2003, replaced Resolution 98- 210 and also adopted Ordinance 2.50.100 to govern the make- up a governance of the Committee. Ordinance 2.50.100 gives authority to a majority of the Board of Supervisors to appoint committee members to staggered 2 year terms ITompeople who own property, own a business, are employed by a business, registered to vote or are residents within the geographic area affected. The specific complaints are- I. There are many absentee property owners in Yosemite West and that this category of individuals is under represented in the make up of the committee. 2. Several committee members over the past several years have missed 2 or more consecutive meetings without valid excuses and in some cases without notifying the chairperson in advance. And, without minutes prepared and available on a timely basis, it is impossible to track these absences. 3. The ultimate decision as to who serves on a Planning Action Committee is in the - 50- hands of the Board of Supervisors and the Grand Jury does not have the authority to question the fmal decision. However, the Grand Jury does have the right to question the selection process. Preparation of minutes: The appearance of governance is almost as important as the governing itself. We have open meetings in order for the public to be able to watch and participate in the decision making process. One important aspect of such participation is to be able to read about what has gone on before. This is the purpose of minutes. At the present time, there seems to be directions for the planning department to take and keep minutes for planning advisory committees, but it is not mandated that those minutes be written up in a timely manner for distribution to the public, or indeed, to the very members of the boards and committees which must rely on notes to keep track of their actions tTommeeting to meeting. The same can be said about the Board of Supervisors, who don't routinely have minutes of meetings timely prepared for the next regularly scheduled meeting. Specific Plan vs. Special Plan Designation When the Yosemite West Community Planning Advisory Committee was first established the original resolution 98- 210 referred to " developing a specific plan for the Community of Yosemite West". Resolution 2003- 385 in conjunction with the General Plan up- date process replaced Resolution 98- 210 and designated the Yosemite West Planning Advisory Committee, re- named, " is established to ( 1) prepare and recommend a Special Plan..." and is so designated under the County of Mariposa General Plan- Draft version April 4, 2003. Sarah Williams has explained the difference between a Specific Plan and a Special Plan in her letter, attached. Recommendations: 1. The Board of Supervisors adopt by- laws for Planning Advisory Committees within 60 days. 2. The Board of Supervisors and the Planning Department should adopt standard rules regarding the creation of minutes for each and every department and agency required to take and keep minutes. 3. The Board of Supervisors and the Planning Department should have written minutes available at the next regularly scheduled meeting for approval and adoption. 4. The Board of Supervisors should carefully monitor the make- up of the committees they appoint to insure they represent all categories of property owners within a planning area. 5. The Board of Supervisors should have, in effect, a monitoring system to insure their appointees are carrymg out their duties, including not missing meetings. - 51- MEMORANDUM Date: March 29, 2004 To: Mary Hodson, Deputy CAG Sarah Williams. Interim Director Infonnation for Grand Jury Inquiry Regarding Planning Advisory Committees From: Topic: Attached is information regarding the specific questions listed in the Grand Jury correspondence to the Board of Supervisors dated March 8, 2004. To prepare this response, I reviewed: MariposaCountyCode, Chapter2.50 MariposaCountyPlanningAgency, Section2.50.100 PlanningAdvisoryCommitteesestablished TheRalphM. BrownAct ( the BrownAct), CaliforniaGovernmentCodeSections54950- 54962 MariposaCounty Resolutionsestablishingcommunityplanningadvisorycommittees, including ResolutionNo. 03438 ( CatheysValley), ResolutionNos. 88 173 and 89- 588 ( Coulterville), ResolutionNo. 03- 383 ( EI Portal), ResolutionNo. 0096 ( Fish Camp), ResolutionNo. 03- 386( GreeleyHill), ResolutionNo. 98- 197( Wawona), andResolution No. 03- 385 ( Yosemite West). Question 1: Minutes of each meeting of each Planning Advisory Committee are supposed to be prepared by either a secretary appointed by that committee or by the planning departmentfrom tape recordings. Under normal parliamentary rules, the minutes of a meeting would be read and approved at the next meeting of that committee. Apparently, this does not happen. And, copies of minutes are not always availablefor thepublic at the meetings. Please address these issues in your response. Response: Page 2 of 4 . March 29, 2004 Minutes of each meeting are prepared by either a secretary appointed by the committee from the committee members, or by the planning department staff person attending the meeting. The decision to appoint a secretary lies with the committee. I am not aware of a county ordinance or resolution which establishes a requirement that the minutes of a meeting must be read out loud at the next meeting of a committee, or a requirement that specifies parliamentary rules to follow in the conduct of committee meetings. - 52- I am not aware of any requirement in the Brown Act which establishes a requirement that the minutes of a meeting must be read out loud at the next meeting of a committee, or a requirement that specifies parliamentary rules to follow in the conduct of committee meetings. The most recentlyadoptedresolutionsfor the communityplanningadvisorycommitteesrequire thatthe committeesusethe standardby- lawsfor PlanningAdvisoryCommittees whenadoptedby the Boardof Supervisors, howevertheseby- lawshavenotyet been adopted. I can confirm that the minutes are not read out loud at meetings, prior to action by a committee. Relative to review and action on minutes, the conduct of committee meetings IS very similar to the conduct of a Planning Commission or Board of Supervisors meeting. Staff typically carries extra copies of agendas, minutes, and items to be discussed by the committee to committee meetings for distribution to public. I cannot confirm that this always occurs for each committee meeting. I cannot confirm that there are always enough copies available for each person attending a meeting to receive their own copy. Question 2: Can individuals request to be on a mailing / ist to receive copies of the minutes? If so, is there a fee charged? If it is possible for someone to request copies be mailed to them, how are they informed they have that right? Response: An individual may request inclusion on a mailing list to receive agendas and minutes of a committee. There is no fee charged. Relative to providing notice to the public of this right, I am not aware of any formal written notice which exists. Information is provided verbally at meetings, always at the first organizational meeting of the committee. Information would be provided verbally, if an inquiry were made at a meeting or if someone made an inquiry to any planning staff member. Question 3: Notice of each meeting is supposed to be given " not less than 14 days prior" to the date Q{ the meeting by a variety of methods and in a variety of locations. Reading the Mariposa Gazette, clearly published notices are not always given at least 14 days prior. A. Who monitors that notices are timely given by both posting and publications ? B. It appears the code section requires 14days notice of each method stated C. What is the effect on the validity of a meeting if proper notice has been given by less than all methods setforth in the ordinance? For example, posted in 2 places on time, but not in the others or published in a timely manner? Page 3 of 4 . March 29, 2004 Response: SinceJune, 2000, MariposaPlanninghas run a largenewspapernoticeeveryotherweek - 53- in the Mariposa Gazette. The notice is typically 8Y2 inches by 20 inches in size. One entire section of the notice is devoted to advisory committee meetings. I am not aware of any Mariposa Gazette Planning Notice which did not provide the minimum 14 days notice, although we will check our notice records if we are provided with a specific meeting which may have not been noticed properly. We do continuously run notices of meetings until the meeting occurs, so there may be ( second or third) notices which appear within 14 days of a meeting. The Mariposa Planning notice which runs every other week in the Mariposa Gazette is prepared by all planning staff using a template on our shared drive, because each staff person is responsible for their project's and committee's notices. Senior Planner Bill King and Deputy Director Sarah Williams typically review and edit the final Mariposa Planning notice prior to sending it to the Mariposa Gazette, so they are ultimately responsible for timely notices. Office Technician Shari Allen is responsible for mailing out the posted notices, although we rely on designated community members to physically post the notices in the community or at the meeting location. I wouldconcurthat MariposaCountyCode § 2.50. IOO. Hrequiresthe 14day noticebe provided bypostingand publishingat all of the listed locations. Because the notice requirements are specified by ordinance, I believe that one could successfully challenge the validity of a meeting which was not noticed in all of the required locations. The remedy would be to conduct the meeting again, with the proper notice. This would be at a cost to the county, advisory committee members, and the public. I am not aware of any staff member intentionally scheduling a meeting without the proper notice. Question 4.- The language of the resolutions creating Planning Advisory Committees have cited both " specific plans" and " special plans" as the goals of the committees. Is the term " specificplan" being used in the resolutions as defined in the State law of general plans and CEQA ( California Environmental Quality Act), or Page 4 of 4. March 29, 2004 does it have some other meaning? Does the Board use these two terms interchangeably or do they each have a different meaning and intent? Response: The terms specific plan, special plan and community plan all have different meanings. These are all planning tools, which are used to achieve different objectives, depending upon the community. The term " specific plans" as used in the resolutions is as defined by the State Planning and Zoning Law as found in California Government Code, Title 7 Planning and Land Use, Division I Planning and Zoning, Article 8 Specific Plans, Section 65450 through 65457. Information regarding Specific Plans can also be found in the State of California's General Plan Guidelines published by the Governor's Office of Planning and Research, - 54- Chapter 5 Implementing the General Plan. A good website on Specific Plans can be found at: htto:// ceres. ca. eov/{> lannine/ sDecific/ A specific plan, by law, is used " for the systematic implementation of the general plan for all or part of the area covered by the general plan." The required contents of a specific plan are established by State Law. Adoption of a specific plan is a project subject to the California Environmental Quality Act ( CEQA). As such, adoption of a specific plan normally requires the preparation and consideration of an environmental impact report ( EIR) disclosing the potential significant environmental effects of the plan, plan alternatives, and the means by which possible environmental damage may be reduced or avoided. There is nothing in CEQA however, which defines or establishes the requirements or purpose of a specific plan. Specific plans are specified in county resolutions for use in the communities or town planning areas ofWawona, Coulterville, Mariposa and Fish Camp. All of these communities currently have adopted specific plans. A community plan or special plan is a part of the general plan, but focuses on a particular region or community within the county. This plan refmes the policies of the general plan as they apply to a smaller geographic area. A community plan or special plan does not need to address all of the requirements of a general plan, but if not addressed, rely upon the general plan. Community plans and special plans are specified in county resolutions for use in the communities ofCatheys Valley, Greeley Hill and Yosemite West. I've attached some descriptive information regarding these types of plans, for further review by the Grand Jury. Please let me know if the Grand Jury needs any additional information regarding these issues, including any of the referenced resolutions, county code sections, or Brown Act information. Attachments: 1. Requirements for Specific Plans ( State Plwming and Zoning Law as found in California Government Code) 2. Community Plans, Area Plans and Specific Plans ( State published General Plan Guidelines) 3. Planning Area Land Use Classifications ( April 4, 2003 Draft Version County of Mariposa General Plan)* * These attachments are not included in the final Grand Jury Report. - 55- MARIPOSA COUNlY RESOLUTIONNO. 98- ;).\ Q -- . A RESOLUTION ESTABLISHINGTHE . YOSEMITE WEST COMMUNITY PLANNING ADVISORY COMMITTEE WHEREAS. a rumber of hearings have been recently conducted by Mariposa County to discuss development patterns in Yosemite West. and concerns about conununity character. and health and safety issues relative to water. sewer, access and potential over- devetopment; and WHEREAS. the Mariposa CountY! Planning Commission recommended that a '. Specific Plan be developed for. Yosemit~ West to provide a guide for the continued growth and development of the community; and , WHEREAS. the Planning Commission determined that a community planning advisory ccimmittee should be formed to provide recommendations for the Specific Plan; and WHEREAS. the Mariposa County Board of Supervisors considered the planning .' Commission. srecommendation and detennined that the development of a specificplan for the Community of Yosemite West is ~ and convenient. for the . implementation of the Mariposa County General Plan. . NOWTHEREFORE BE IT RESOLVED. this Board he[ eby detennines and orders that the Yosemite West Community Planning Advisory Committee ( CPAC) be established for the primary purpose of developing a specific plan for ~ e Communityof Yosemite West as folloWS: I. Membership I A. The Yosemite West CPAC s~ a1lbe established with nine ( 9) members. All J members shall either reside or own property within the geographic boundaries of the Yosemite West subd" JVision. The membels must ma_ ntain these quarlfications for their entire term. .- B. Members of the CPAC ~ re to represent a cross- section of the community. C. Ifany member of the CPAC misses two ( 2) consecutive scheduled meetings without a vartd excuse. then that pelSon shaD no longer be deemed a member of the CPAC. and the Board of Supervisors shaD initiate proceed'mgs forfiUin~ a vacancy. D. The following shall be designated as ex- officiomembers of the Yosemite West CPAC: - 56- 1) Board of Supervisor from the Supervisorial Distrid which includes YpsemiteWest; . .' 2) Planning Commissioner from the Supervisorial Distrid which includes Yosemite West; 3) Representative from the NatiOnalPark Service as designated' by the Yosem~ Na~ 1 Park Superintendent; 4) Mariposa County Planning and BUlld'mgDepartment Director, 5) Mariposa Coun1yPublic Works Director; 6) Mariposa County Health Department Director; and . 7} Mariposa County Fire Chief. E Ex- ofliciomembers are desig~ ated for the purpose of providing technical expertise to the CPAC on a request basis. Attendance at regular or special meetings is not required. These members may be caRed upon to provide informationin special situationswhere their inputis feltto be desirablebythe . CPAC. They are non- voting members of the CPAC. II. Term. and Manner of Appoinbnent A. Allappointments to the Yosemite West CPAC shall be made by the Mariposa CountyBoardof Supervisors. and shall be recruitedinaccordance with . County policy. The CPAC shall continue in forea and effect at the pleasure of the Board of Supervisors. . . B. Appointees shall serve for a two- year period. C. The Yosemite West CPAC shall be appointed for the primary purpose of developing a specific plan for the Yosemite West Subdivision, and for addressing other matters pertinent to the community. ... D. Ifa vacancy should occur on the Yosemite West CPAC. an appointment shall be made to finthe vacaooy in accordance with County policy. Ifan appointment is made to fiRan unscheduled Vacancy, appointees shall serve the remainder of ~ e unexpired term. '- ~ Ofticers . A. The Yosemite West CPAC shall elect the followingofficers for a term of one ( 1) year: 1) Chair. 2) Vice Chair 3) Secretary B. The secretary's responsibi6ties shall include the preparation of agendas and minutes, etc., as can be reasonably provided. and the posting of notices withinthe community. 13 ~~ . IV. Meetings and Quorum A. The CPACshan detennine the time. dates. and places of regular meeti~ gs. B. The Chair of the CPAC may call special meetings. c. Pubfic notice " shaDbe given in the local newspaper of. regular and s~ meetings of Ute CPAC a minimwn offourteen ( 14) days prior to hofding said meetings. and shall be posted within the oonvnunity. D. BUSinessmay not be transacted at a regular or special meeting of the CPAC without a quorum of five ( 5) members. E. The CPACmay adopt by- laws and rules regaRfmg the conduct of meetings, which shall not contravene the meeting and notice requirements contained herein. . v. Staff Support Technical support to the Yosemite West CPAC wiDbe provided by staff fi'omthe Mariposa Cou~ Planning Department, when available, and responsibilities shal! include the preparation of special reports. ptanning documents. and obtaining such . informationas the CPAC deems necessary for the discharge of its responsibilities. Staff from the Planning Department shall also be responsible for all requiredlegal notices. . VI. Duties and Responsibilities . The Yosemite West CPAC shall act as an advisory body to the Mariposa County . PlanningCommissionfor the purpose ofdevelopinga s~ c plan for the Communityof Yosem~ West and for the purpose of making recommendations for implementation. A. The specific plan for Yosemite West shaD be developed in accordance with and relative to the Mariposa County General Plan. 1) The CPAC shaD identify planning issues related. but not limited to, community water" and sewer services. traffic and circulation. conservation. housing. noise. safety, recreation. and business development. including Bed and Breakfast ~ Tnmsfent Rental facifitiesand their management 2) The CPAC shall set goals and objectives relative to its findings and to . overaUcommunity development. 3) The CPAC shaD recOmmend to the Planm" ngCoI, u.~ ton such detailed . regulations. concfltions. programs. and proposed legislation whicf: 1may be . necessary and CXKMmient for the systematic inpIementation oUlte General Plan within the Yosemite West Subdivision. Such regulations, conditions, proQlaRIS. and proposed legislation shaft include the location of various types of land uses. location and extent of existing or proposed - 58- streets and roads. standards for population and building density, standards for the conservation. development. and utiflZStionof natural resources. and other additionalmeasures as may be necessary or . convenient to ensure the execution of the Mariposa Coun1yGeneral Plan. 4) The CPAC ~ haBdevelop policies and guidelnes for" the p~ of impiementing ~ e specific plan and shaR reco~ such policies and guidelinesto the Mariposa CountyPlanningCommission. ., B. The CPAC shaD recommend a specific plan for the community of Yosemite . West in document fonn to the Mariposa County Planning Commission for its reView. The Planning Commission shaD consider the CPAC's recoinmendations and then make a recommendation to the Mariposa County Board of SUpervisors for adoption as mandated under state guidelines. .-.. :". 1... '. BE ITFINALLYRESOLVED. this Board detennines and orders that the Yosemite West CPAC shaD alSCharge its resporisibilities as assigned by the Board of Supervisols as an advisory body to the Planning Commission in a manner in keeping witheslabJis~ Countv policy and with the support of Ibe Mariposa Counl¥ Board. of Supervisors. , PASSED ANDAfJOPTED by the Board of Supervisors. County of Mariposa, thiS 9~ day of June. 1~ 8 by the followingvote: AYES: NOES: EXCUSED: ABSTAINED: . Balmam. Parker. Pickard. Reilly. Stewart None None None P~ A~ I ? II/ R~ B Y. C or ATTEST: ~ MARGI WI . S. Clerk otttre Board .° APPROVEDAS TO FORM AND LEGAl SUFFICIENCY: A - 59- BOARD OF SUPERVISORS COUNTY OF MARIPOSA STATE OF CALIFORNIA Ordinance No. 973 4f,.. 1.1' Oc=. AN ORDINANCE ADDING CHAPTER 1.50.100, CITIZEN ADVISORY COMMITTEES, TO THE MARIPOSA COUNTY CODE ESTABLISHING UNIFORM ADMINISTRATIVE PROCEDURES. Section 1: The Board of Supervisors of the County of Mariposa does find and declare as follows: L The County of Mariposa has no incorporated cities. and its various unincorporated communities have many diverse localized needs and considerations. 2. Chapter 2.50 of the Mariposa County Code empowers the Board of Supervisors to appoint advisory committees consistent with tbe requirements for the Planning Agency. 3. To ensure the Board 4> fSupervisors has an understanding of community needs and values. the Board seeks local representation to advise it on matters of importance to the various community areas. 4. The Board of Supervisors has a long tradition of advisory committees throughout the unincorporated County with each established by separate resolution and some committees with additional requirements contained within adopted specific plans. 5. Committees are comprised of member constituencies and ex- officio members as determined by the Board. 6. Past action of the Board results in committees with minor differences in nomenclature. different ex- officio members. terms of office. noticing requirements, and operational by- laws. 1. . The inconsistencies between the committees result in administ" rative procedures. which are prone to error and also add costs to the Planning Agency in excess of the benefit returned to the public. 8. Uniform administrative procedures of this ordinance result in better service to the community. less opportunity for noticing errors. and greater opportunity for staff resources to focus on substance. rather than process. Section 2: The Board of Supervisors of the County of Mariposa finds and declares as its official policy: 1. Resolutions establishing planning- related a& visocy committees. which contain language in conflict with this ordinance. shall be governed by this ordinance. - 60- I I~ Ordinance 1110. 973. An Ordinance adding Chapter 2.50. ' 00. Advisory Committees. to the Mariposa County Code April 9. 2002 . Page 2 or 2 pages ,./ , / ; / ,. 2. Components of specific plans adopted by ordinance. which refer to aspects of advisory committees or councils and contain provisions in conflict with this ordinance shall be governed by this ordinance. 3. AU specific plans which include language empowering the creation of advisory commiUees or councils are hereby interpreted as follows: a. The purpose. membership, and role of such committees adopted specific plans sh~ 1J remain consistent with chartering such committee. described in the any resolutions b. Any language describing administrative. appointment, meeting schedule. OT noticing procedures otherwise established in this ordinance shall be go... erneq by this ordinance. Section 3: The Board of Supervisors of the County of Mariposa does ordain as follows: Section 2.50.100 is hereb)' added to the Mariposa County Code..: . 2.50.100 Planning Advisory Committees establisbed, A. The board of supervisors may establish planning advisory committees to recommend actions representing the local community views about planning matters to the planning commission and board of supervisors. The board may also refer other matters of community interests to the planning ad\' isory committee as necessary; B. Planning advisory committees shaU be initiated by resolution of tbe board. The resolution shall, at a minimum, include: 1. A purpose for the committee, and 2. A general mission for the committee's work, and 3. The number of members to be appointed to the committee, and 4. The geographic boundaries of the area in which the committee's recommendation is to be sought; and 5. The resolution shall cross- reference the requirement for all planning advisory committee to utilize the standard by- laws approved by the board of supervisors pursuant to this section and submit any proposed modifications meeting committee needs to the board for approval; C. Citizen advisory committee members shall be appointed by a majority of the board. The committee shall be comprised of members who shall be from one of the following groups: 1. Property owners ~ thin the planning advisory Q) mmittcc geographic boundaries, or 2. Owners of businesses located , v( thin the planning advisory committee geographic boundaries. or, 3. Employees of businesses located within the planning advisory committee geographic boundaries. or 4. Electors registered to vote within the planning advisory committee geographic boundaries. or l7 . - 61- Ordinance No. 973. An Ordinance adding Chapter 2.50. J00. Advisory Committees. to the Mariposa County Code April 9. 2002 . Page 3 of 3 pages 5. boundaries. 6. The board may appoint non- voting ex- officio members who may provide expertise and guidance associated with special disciplines or organizations affected by the recommendations of the committee; D. County staff shall provide support resources to the committees, and the planning director shall be empowered to call upon appropriate departments to provide information required to assist the committee in carrying out its board- designated responsibilities; E. Committee members shall be appointed to staggered two- year terms and may be reappointed by the board \ vitbout term limitations. All terms shall expire upon the last day of February of the appropriate year. , L For committees formed after the effective date of this ordinance. or any committee existing upon the effecti",' e date of this section in which all committee members' terms expire on the same date: when the committee appointments are made. half the committee members plus one shalI be appointed to a first term or two years, the remaining committee members shall be appointed to a one year term. The selection of committee members to one year or two year terms shall be by lot draw n by the chair of the board of supervisors, 2. For committees in e~ istence upon the effective date of this ordinance. all terms expiring during - 2002 shan expire upon June 30, 2002. New terms and reappointments ofthese seats shall expire on the last day of February. 2004. Subsection E2 . expires and is repealed on March I, 2004, 3. For committees in existence upon the effective date of this section. all terms shall be cbanged to expire on the last day of February in the year the e~ isting term of appointment expires beginDing with terms expiring in 2003. Subsection E3 expires and is repealed on March 1.2003; F. Appointment of officers: 1. At its first meeting. and at its first meeting of eacb subs « : quent year, the committee shall elect a chair and vice- chair to serve a term of one year until" the successor . oreach is appointed and qualified. 2. The chair shall preside at all meetings of the committee and shall perform all the duties necessary or incidental to his office. including approval of the agenda topics for the meeting, 3. The vice- chair is chair in the absence or inability of the ch. 3; ir to act, 4. a. At its first meeting. and its first meeting of each subsequent year, the committee shall determine whether it wishes to appoint a secretary to prepare minutes of the meetings in a manner consistent with the requirements ~~~ l:! a~~~ - f,? r pfilnning advisory comniifiees. 1he planning - director:. or ' aesignee sliall be responsible for recording. the meeting and the archival storage ofthe meeting tapes, b. If the committee determines it does not wish to appoint a secretary, The planning director or designee serves as the secretary to the: committee and is responsible for recording the meeting. the archival storage of the tapes. and preparation of summary minutes, \ Co. The committee may opt to change its appointment of a secretary. ~ t any time during the year after appropriately placing tbe matter on its agenda, d. The duties of the secreta ry shall be to maintain meeting notes and preparation of meeting minutes within the prescribed form and deadline established in the committee's bylaws; Residents of the area within the planning advisory committee geographic - 62- Ordinance No. 973. An Ordinance adding Chaprer 2.50.100. Advisory Committees. ro the Mariposa County Code . April 9. 2002 . Page 4 of 4 pages 5. preparation committee; G. The ptaaning director shall prepare draft bylaws for the review and approval of the planning advisory committees prior to submittal and final approval by the board of supervisors; Each commiuee may prepare additional components to the standard by- laws meeting committee needs. The amended provisions are subject to review and approval of the board of supervisors; H. . Notice of committee meetings shall be posted and published not less than fourteen days prior to the date of the meeting at the foIIowing locations: L The planning agency internet site, and 2. The Madpc:; a CC!!!! Jy Government Center, and 3. .; n:;" ii! a: iz.~ dposti ng location within the area served by the committee, and 4. The meeting location, and 5. Publication shal! O( qlf i! i ;; 1:< 3\'::;/";;:;;: o' 0f:. gc. u(', d c- ir<: ul:\:: 0: 1. and I 6. The planning d!! et; tor may supplement required notifications in any manner deemed appropriate for the content of the proposed agenda; I. Meetings of a plaoi:! ng i! d\'!~~=- y r= c: r:!: H! t! eo:;!:~ n ~ I::::;:~~~.:. t;.; ~!: t~ p: t''''''.~:...~ i;:()":~' i: the California Open Meeting Law ( Brown Act). The ptanning director shall be responsible for receipt, distribution, and of committee correspondence, and related duties as requested by the . Section 4: This ordinance shall become effective thirty days after the date ofenactmcnl. Passed and adopted by the Board of Supervisors of the County of Mariposa this ninth day of April, 2002, by the following vote: Ayes: REILLY, BALMA[ N, STEWART Nays: PICKARD Excused: NONE Abstained: PARKER Robert C. Stewal't. Chair Board of Supervisors Attest: ~~~ Clerk of the Board . I~ - 63- ~ l. 1tc Qr Cnliforni: 1 County" rMariposa Board of SuPCrviS4") r5 I ! A RESOLlrl'ION AFFIRMLNG COMPOSITION. AKBAS OF RESPCNSIBn. IoriY. AND MISSION OF THE YOSEMITE WEST PL.~" INING ADVISORY COl\ DII'ITEE; At'lffiR£ SplNDlNG PRIOR PLANNING ADVISORYCOMMITTEERESOI. UTIONS I WHEREAS. the B~ rd of Supen. i!; QCSappointed tlle Yo..<: emiteWest Planning AdviS\ i! 1iCornmiUee: t to repr6;;\:: l; opiniom. & e< Ommendarions. and advice hC. II1thIe ~- osemiteWo! stare"- in ~ h8 CFc. y of Mariposa; and \\' HERE.~$. the . Bt> 1Ird of SuPe: ns~- s c5ta~ li;? ed the P!: mni~ A~ i~ Qry Commj1cc:; fot" Cathtt)-~ Valley. Couttervdle. F. I Portal. Fish\.. iUl11p. Mldpmes. &. od)! o: sematc West; t10d ! WHEREAS, : 0 Janwary. 2000. rbe BCIB!" dof Supernsors ACCived the ': Jone!! and sto4e& Report" which amont; i~ con& ent idllntified BIi! Derat pbn adequacy i:; sue& a5sociat1: d with Ule use t a I8J'PA zc) nL' 18.~ Itnd the COdtcnt uf spacific; p] an~ adQpted on bebalf of the Communlties OtCoultervi e, Fish C. amp. Mariposa. ~~~~ , ! i WHERE.. o\. S, c. h~ Board of Supervis01' 5 djd in January 2001 :\ uthoriu: p~ pllrati. on oC~ Updil~ to ilie Genecs: Plait: and ; I W. HBREAS, the Board ot Supervi~ t'S oc April 10, 2001 did CO! 1COptu: ill, yaga. e to .. Lsider the Upd3& e of tile General Plan to use Areli Plan:! fur parcel- by- parcelland ~ cl: ts.. o< ifjc: atiou.;~ thl4 Planning Areas, and the H.-. aro conceptually ~ grcedtu id~ tlt: fY 14 Planning; Arcas in the GG4ernJ ptan. Upd: ne; and WHEREAS. 00 JuI: r I. 2002. ' he Pre! im. is1l1ry Version of the Go: IJ~ ral Plan wa.. s rel~" cd. idenbfyU1g prop03SC-<:! boundaries for each oftbe P1anDin~ Areas: and i . . WHEREAS. on April 4. 200a. the Planning Commission rec; ommended: 1 Draft vCfsion uf the GetI~ Pian proposing botU1daries foreschof the Planning Aro! iL3to the Board of Supecv; sprs; am} WHEREAS. the Board of Supervisors had aulhorized the preparation of plaoning dc} curnenb fur the PI8. l\ ning Af't! fiSofCatheys V: a. 11ey. Wawona. ond Yu& emitc West; and ; 1 WHEREAS, in April, 200: 2. the Board of SupervU; ors enacted an IUI1endmcntto Titl4 2 l'tIttriposa Cuunt). Cod.. adding Section 2.50.100 PIRnning- Ad\ isory Committees; ol. c. d ' . i WHEREAS, I" esolutiOD: l e5t. lblishin~ the Planning Advi: wry Committ- l! es in Catbets Valley. Coulrervilie. EJ Por", l. Fish Camp, Midpines. and Yosemite \ Vest "'@ rc aaopted prior to April12002; and WHERE.~ S. the Planning Advi$ ory Committees pr~ paring Area PIIUlA ha1." l< heen/ undertaking the work in concert with the proPQs4! d Draft. Version of the General Plan: and i ! WHEREAS, ilie adoption, amendment. or rescission uf multiple Ti! 60Iution- s and sJpplcment;) l B.:. ard action.;; c: nate confusion and inconsi3tencies with th~ uptirations. mee~ ings. and ~ issilJn of SOlDe P!. nnin~ Ad~' is(, ry Commitu: es: and j WHEREAS. Section : 1.50.100 of the Marip03a County Code establishes tb~ form. ~ ntenL. ilJ1d .: Ipenltions 0[- Pltmning Advisury Comnuttee. , BE . IT THEREFORE RESOLVED THAT THE Board of SupervisoE' 3 of Ute CounJ of l\- Iariposa dollS hereb}' rQpealalI previous resolutions associa. ted with tho Yosemito! \ Vest Planning 1dviSOIY Committee. BE IT THEREE'ORF. FURTHER RESOLVED THAT THE Hoard of Supervi:> oc~ docs hereby rename cl1~ Yo;; cmite We.. t Comm\ 1nity PltiDninjt Advisory Committ~ the Yosemit~ West Pltinning Advisor)' ComlT. iltcc. I I i ~-~-- .. .. . --- -. - - ~ 4- BE [ T TIiEREFORE FURTHEIC RESOLV!:: D THAT THE Board of Sup~ isor. l c:: cJ aJnrm and rE'~. i: tablib!' Yos~ mite \ Vest Plonnins Ad\.- isory C'lmmit~ under the procedures and cul~ est. 1blished in Mn:' ipo...; County Code Section 2- 50.100 Ili' r.} ilnw.>; ; i TIll: Y",;~ nUte W~ t Planning Advisory CDmmittee is established to ( 11 prepare and recon:. mcnd a. Spec: i.- l Pllm ; r. cJdrt,;; sing issues of tran! Sipnt occ: upsncy. devclopufent of und~.: noped lots, acceti!; ury dwel! ing3, bed : and bre# kIl1St mns, and other isSUolS rel~~ to the rite ch, vclapmcnt and build- uul c.> Cthe subdivmcn\, ( 2' pl' 9pare lind recommend * licabIO implslI1eDtDooD reguletiomi- such IU zoning', de8ig: c. re~ l! w, and other !> ite deveJo ent stand. tu- ds-( or tite Speci: ll Pl~ n to bl! adopted b.}' the Board of Supanrbor:!, (~ I make Tec: ummen~ tit1DS to the ? 1. lOning Com[( 1i;;~ on .. nd other bodies cn p1anaiDg. r~ t.. tcd pr<> jeclts KJ1d ather matters as directed b)' Lhc Board of $ upclvioorG; and ( 41 aft~ r conclusion ~ f Special PJan process, ,. er. umtncnd ~' J the naard t, r SU; lervisors lCil1d devl:.' lopment ~.! 1d regulator)- standards for und~.., eloped nnd uniubdi" id~ d prvp~ l" I: y within the bowldarie! |
| PDI.Date | 2004 |
| PDI.Date.Issued | 2004 |
| PDI.Title | Final Report. 2003-2004. |
| OCLC number | 144609759 |
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