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Highlights of the 2007-2008
Mariposa County Grand Jury Report

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The Mariposa County Grand Jury of 2007-2008 looked into Multiple Complaints from the public, including looking into the Master Gardeners on the funding the Master Gardeners receive from Mariposa County being legal. Also if they (The Master Gardeners) were in violation of the Brown Act.
The Grand Jury could not find any violation that they,the County,were violating the law through the funding and that the Master Gardeners could not be violating the Brown Act as the Act only applies to elected officials and advisory committees.

The Grand Jury looked into the Mixed Waste Processing/Composting Project at the landfill in Mariposa after receiving a complaint on July 10, 2007. The Grand Jury looked at 12,000+ pages of data and spent over 257 hours  in researching the complaint.

A tape of the Board of Supervisors meeting regarding the compost facility was either erased or missing for whatever reason. This tape from 6/10/2003 concerned where a Mariposa County resident was verbally lashed out at by one of the major consultants and the chair of the Mariposa County Board of Supervisors when she made her concerns public. According to the Grand Jury the tape of that meeting does not contain any portion of that part of the meeting. The Grand Jury was unable to determine if there was an intent to delete portions of the tape, if there was a problem in the recording or a mislabeling of the tapes. The records are incomplete according to their findings. Also that the leadership of the Board of Supervisors was lacking professionalism for the chairperson and someone from the audience to lash out at a citizen whether the citizen is right or wrong.

The Grand Jury also found that eight Mariposa County officials traveled to Canada in October of 2000 but had no documentation, a written report, justification for the trip or any conclusions about the trip. Also a trip was made to Germany although the Composter which was bought, came from the state of Washington from a company called Engineered Compost Systems.
Yellowstone has the only other type of this Composter yet only one representative went to Yellowstone for a tour of this facility.

The Compost Project was supposed to last 20-30 years starting with the year 2000 but the Grand Jury found that the life expectancy is down to another 10 years after the year 2007 if it keeps operations as they are now.

The Grand Jury in their findings discovered that it was apparent that the public had a misconception of what the operation was actually purchased and set up to produce. Also that the County waited to the last minute to initiate this project to divert 50% of solid waste out of the landfill as mandated by the State Of California. One member of the public had to wait a year to get an answer on a question about the project. Mariposa County, as of December 15, 2007 still has not met the 50% reduction rate.

A specific consultant produced inaccurate information on the mixture levels needed to provide compost as they mixed in debris, garbage, plastics, metals, greens etc. This has created one of the major problems with the operation of the Composter. They could find no place in the records where County Counsel attempted to pursue legal action against the consultant for misleading information. This is causing one of the major problems at the facility as the mixtures are out of proportion.

The Composter has cost the County $8,361,082.10 in Project Expenditures.

The Grand Jury wanted it known that that the County letter from the CAO on April 22, 2008 finger pointing at the Clerk of the Board was inaccurate. They said the fact of the matter is that the tapes to this day have some discrepancies and that the Grand Jury has not received any clarification on the discrepancies. But that the credibility of the Clerk of the Board was never an issue. Also another issue they want clear is the Grand Jury "Demand for County Counsel to investigate the Clerk of the Board." The Grand Jury never demanded anything in their report and did not ask to investigate the Clerk of the Board.

The Grand Jury  also found that the consultant fee of  $1,171,73.44 or 14.02% of the budget was excessive as it was far outside the normal range of a project of this size.

Mariposa County Public Works Director Dana Hertfelder in a letter  to Judge Walton disagrees with the statement that the county waited until the last minute for the 50% reduction, that work was initiated in the early 1990's to comply with the law.  Mr. Hertfelder also agrees with the Grand Jury that the 50% reduction still has not been achieved, that the consultants information on the mixing levels was inaccurate but does not agree that the 14% consultant fee is high as the fee also included a myriad of other items that the consultant performed.

Some of the Grand Juries recommendations are that the top managers, supervisors and the Mariposa County BOS work as a team and look at all their suggestions in a reasonable and timely matter and show the Mariposa County taxpayers that this project can and will work efficiently.
Standardize the charges at the landfill, publicize the need to reduce to the 50% rate. Begin an educational program starting with the schools on recycling. Increase the employees at the landfill. Also look into Saleable Compost. They also suggested commingle bins be set up in the county where the residents could dump their recyclables. That County Counsel investigate and report to the Superior Court and the Grand Jury within 30 days about the problem with the missing part of the tapes.

 

 

 Looking into the Mariposa County Jail and Sheriff Department, some of the Grand Juries recommendations are that the BOS needs to look into other alternatives for inmates medical costs, some of the vehicles and equipment are outdated and if not replaced soon will rapidly deteriorate and needs immediate attention from the BOS. Also that most of the time the jail is at over capacity. That the BOS needs to address the Sheriff Department budget that is in the red due to benefits and retirement funds. They also feel that the department needs two more animal control officers.

A Complaint was received about the Planning Department on November 13, 2007 but the person did not give their name or other information on the complaint form so no action was taken.

A Complaint was filed with Public Works on June 4, 2007 about the Brushing Techniques the County is using. As the complaint came in late for the 2006-2007 Grand Jury it was held for the 2007-2008 Grand Jury.
The current Grand Jury found that the Supervisor of that district had already resolved the issue.

Two Complaints were filed on June 4, 2007 about a sheriff deputy going to a persons place of employment to question a person who was on probation. As this was filed late into the 2006-2007 Grand Jury this complaint was held over to the 2007-2008 Grand Jury and they found that the deputy under review had resigned the sheriff department.

A Complaint was filed about the Williamson Act Tax Rate having discrepancies in the county on the way the land is taxed. After having a meeting with the complainant and finding that rent value was determined by a owner self-disclosure survey that any drastic deviation from the average would be adjusted by the assessors office to meet the average. There were also factual errors in the complaint and that the Grand Jury found the assessors office doing a competent job.

Over in the Coulterville area of the County in findings of the Well House, Water Pump and Storage Tank they recommend that Coulterville install a backup well, pump and storage tank. The Grand Jury found that the two fire trucks in Coulterville need to be replaced

In Lake Don Pedro they also recommend that they have new or newer fire trucks. They also found that the Waste Water Facility is a well planned venture and is state of the art.

In Greeley Hill they found that in the not too distant future that Mariposa County should take under consideration building a high school in the Greeley Hill area as this is a growing community. That the roads need to be brought up to today's standards as many are in dire need of repairs and resurfacing, upgrading  and expansion. The Transfer Station needs to be open more hours. The Greeley Hill Fire Department needs new engines also and noted that this issue will eventually lead to a disaster if not addressed.

In other comments about North County they mentioned water rates, easements, quality of water, Williamson Act property tax variations, water meters, ATV trails, horse trails, contingency accounts for emergencies, property nuisance, Agri-Tourism. The Grand Jury suggest that this information on these problems be gathered independently of the BOS so the problems remain politically free and on a level that is best served be all.

Another Complaint they looked into was about a mandated reporter failing to file a child abuse report and that the supervisor did not reprimand the employee. In one of their findings after interviewing a staff member about a Policies and Procedures Manual the person denied that Child Protective Services had such a manual. But upon interviewing a second member of the department that person promptly produced the manual. After re-interviewing the first employee that employee then acknowledged that the department had a manual. They recommend that proper authorities direct an inquiry to see that correct disciplinary action be taken where necessary in the involved departments and that all mandated reporters take a course covering their responsibilities followed by an annual refresher course.

In a tour of the Mariposa County Administration Department the Grand Jury found that the department heads make about 20% less than the surrounding counties and that is what makes it difficult to fill upper management positions. Also they feel that Public Works is over burdened with management responsibilities. One of their recommendations is that immediate steps be taken to hire a qualified assistant to the Public Works Director.

In a tour of the Auditor's Office the Grand Jury found that working conditions are very cramped and crowded and the office works on a lean budget. The Grand Jury recommends that an immediate outside independent audit of the TOT be conducted.  Also they would like to commend the Auditor's Office for earning the California State Controller's Office "Award for Achieving Excellence in Financial Reporting."

After visiting the District Attorney's Office the Grand Jury recommends that the county provide adequate office space for staff and records and consider an automated filing system. Purchase two vehicles for the office and to meet the needs of the staffing of the office and be more competitive in salary. The BOS has since this report, approved adding a clerk and a deputy along with a reclassification of a staff member on wages.
 

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