HomeMy WebLinkAbout2012 Grand Jury report
Attachment 1
Directors
Joseph R. Aguera
Jeff Bender
J. Ron Hemig
Tony Laliotis
June 8, 2012
Vacant Position
General Manager
Michael D. Holley
The Honorable Thomas Anderson
Presiding Judge of the Grand Jury
201 Church Street
Nevada City, CA 95959
Subject: 2012 Grand Jury of Nevada County report on the Truckee Donner Public
Utility District
Grand Jury Findings
Note: TDPUD Response in Bold
F.I.1. The District Code does not specifically address the process for responding to a
complaint concerning a member of the Board. Agree.
F.I.2. The District Code does not specifically require the GM to keep the Board
informed of a complaint concerning a member of the Board. Agree.
F.I.3. The GM’s failure to notify the Board of the complaint regarding the Director
denied the Board the opportunity to address the complaint. Disagree. The Board
was given the opportunity to address the issue when Director Hillstrom made
his statements in open session. Additionally, there is no requirement,
regulation, or law for the GM to notify the Board in this circumstance.
F.I.4. After the Director’s public statements at the December 15, 2010 and February
16, 2011 Board meetings, the Board showed a lack of engagement and
responsiveness by failing to address the issues raised by the Director’s statement.
Disagree. Director Hillstrom addressed the question of his residency multiple
times in open session, indicated that he had consulted with legal counsel on
this issue, and the Board was satisfied with his statements. The Board and GM
were aware of their responsibilities regarding this issue, followed District code
and State law, and took appropriate actions. The State of California, Office of
the Attorney General and the courts, have jurisdiction regarding issues relating
to residency requirements for local government officials.
F.I.5. The District Code does not require the complainant be notified of the disposition
of a complaint made concerning a member of the Board. Agree.
11570 Donner Pass Rd, Truckee, CA 96161 – Phone 530-587-3896 – www.tdpud.org
Attachment 1
Grand Jury Recommendations
Note: TDPUD Response in Bold
R1. All members of the Board should seek out and attend training regarding the roles
and responsibilities of Board members in special districts. The recommendation
has been implemented. The District has an on-going program to train Board
members.
R2. The Board should develop written policy which clearly defines the roles and
responsibilities of the GM, the TDPUD legal counsel and Board in response to a
complaint concerning a member of the Board. The recommendation has not yet
been implemented, but will be implemented within 120 days.
R3. The Board should amend the District Code to require the complainant be notified
of the disposition of a complaint made concerning a member of the Board. The
recommendation has not yet been implemented, but will be implemented within
120 days.
R4. The Board should develop written policy that requires the GM to keep the Board
informed of a complaint concerning a member of the Board. The recommendation
has not yet been implemented, but will be implemented within 120 days.
R5. The Board should improve communications among TDPUD management,
TDPUD legal counsel and the Board. This recommendation will not be
implemented because it is not warranted. See the District’s response to F.I.3
and F.I.4. The District strives to continually improve communications among
the TDPUD management, TDPUD legal counsel and the Board.
Feel free to contact me if I can be of any assistance.
Regards,
Tony Laliotis
Board President
Truckee Donner Public Utility District
11570 Donner Pass Rd, Truckee, CA 96161 – Phone 530-587-3896 – www.tdpud.org