Sonora, CA — Allegations about the Tuolumne County Board of Supervisors and the CAO not adhering to established policies and procedures is the focus of the latest report released by the Tuolumne County Grand Jury.
This is the third report released by the Grand Jury in the past month, as earlier investigations highlighted hiring practices/inequitable treatment by the CAO and the county’s accumulation of significant financial obligations.
Three areas that were identified by the Grand Jury, per the latest report:
1. Communication to the Public: The Board of Supervisors has consistently neglected its obligation to clearly communicate decisions and goals established by the Board.
2. Brown Act Compliance: The Board of Supervisors frequently operates in a manner that contravenes both the letter and spirit of the Brown Act’s transparency requirements.
3. Oversight of Personnel: The Board has failed to properly hold the CAO and non- elected Department Heads accountable for implementing Board directives regarding personnel matters.
The Brown Act dictates the types of board of supervisors decisions that must be made within public view, and not behind closed doors.
It specifically brings up examples of budget cuts made improperly in closed session in November of 2024 following the defeat of the Measure Z Tax Measure, the decision to skip over a supervisor when deciding a new Vice-Chair (happened to Jaron Brandon), and the recent passage of a revised hate crime resolution (completely revamped at last minute).
On the issue of oversight of senior staff, the report notes:
“The Grand Jury found that the Board failed to provide adequate oversight of the CAO and Department Heads to ensure that the Board approved policies and procedures were carried out properly. We focused on three areas of this failure:
· Lack of Performance Evaluations for the CAO and Department Heads.
· Inadequate Response to Claims of Nepotism, Cronyism and Favoritism.
· Lack of Oversight in Implementing Other Policies and Procedures
On the issue of Nepotism, Cronyism and Favoritism:
“While interviewing Department Heads and staff, the Grand Jury encountered multiple complaints of nepotism, cronyism, or other forms of favoritism concerning County hiring and promotion. Interviewees described situations such as when a candidate was deemed unqualified by the interview panel, but the panel was overruled by a higher-ranking employee and the person was hired anyway. We received accounts of positions that were retitled and moved within the County Administration Division with an altered job description and qualifications, to meet the needs of a certain individual, rather than the needs of the organization. The constant in all the instances reported to the Grand Jury was that the employees involved were close to an inner group of senior county administrators.”
It goes on to say, “The Board failed to publicly acknowledge this series of incidents and their impact on employee morale and turnover as a legitimate concern. Favoring a candidate with insufficient experience over a qualified individual has led to employee dissatisfaction and increased turnover, as evidenced by the departure of several highly qualified employees.”
The final Findings and Recommendations are below:
FINDINGS
F1
The Board of Supervisors failed to provide sufficient transparency, nor honest and effective communication to staff and the community regarding board decisions, goals, and financial liabilities. This lack of transparency eroded public trust in the Board of Supervisors.
F2
The Board of Supervisors failed to comply with the provisions and intent of the Brown Act, further contributing to mistrust of the Board by both the public and county staff.
F3
The Board of Supervisors failed to exercise adequate direction and oversight over the CAO and non-elected Department Heads to ensure proper personnel policies and procedures were followed. This failure fostered a widespread perception among county employees and the public, that favoritism influenced hiring and promotions, and that policies and procedures were implemented inequitably.
RECOMMENDATIONS
R1
The Board of Supervisors should develop and implement a comprehensive public information program by January 1, 2026, utilizing both digital and traditional media platforms to proactively communicate the Board’s priorities and objectives, with particular emphasis on public safety initiatives and fiscal accountability measures.
R2
The Board of Supervisors should develop and implement formal procedures – no later than January 1, 2026 – authorizing a Public Information Officer or other designated representative to serve as the Board as the official spokesperson under clearly defined circumstances. Grand Jury ñ Board of Supervisors Actions and Obligations 19
R3
The Board of Supervisors should strictly and immediately comply with the Brown Act, upholding its provisions with the utmost diligence and adhering to County Counselís guidance on compliance.
R4
The Board of Supervisors should immediately and consistently evaluate its Brown Act actions through the lens of public perception, recognizing that even the appearance of impropriety can be as damaging as actual misconduct.
R5
The Board of Supervisors should establish and implement a formal annual performance evaluation process for all non-elected Department Heads and the CAO by January 1, 2026. This process must ensure full compliance with all applicable county personnel policies and procedures.
R6
The Board of Supervisors should modify the existing reporting structure to require the Director of Human Resources and Risk Management to report directly to the Board of Supervisors rather than through the CAO, with this change implemented no later than January 1, 2026.
The full report can be found here.
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