Elect Dave Allan - Supervisor, District 1

My motivation to become a candidate for Supervisor in Surprise Valley is because the financial crisis the county is facing is unprecedented in Modoc County's history. This crisis in all likelihood will effect the quality of our lives for years to come. 

Surprise Valley has been my home for a long time. It's where I invested my life. So instead of burying my head in the sand, and hoping the problem will just go away, I've chosen to get involved.

Since 1979 I've been in the ranching business east of Cedarville. Farming and ranching is not an easy way to make a living. So consequently, over the years I've learned to handle money with care, and to think realistically and resourcefully. I understand the essence of public service, and if elected I'll do my best to help Modoc County get back on its feet, and I'll try and re instill trust and confidence back into county government.

                                                                                                          -- David Allan

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Questions for the Candidates

Editor's Note: As a public service to the voters of Modoc County, we will be publishing comments from candidates over the next two months. We are tailoring appropriate questions to each race.

Our question to the candidates for District Attorney was; " Will you initiate your own investigation into county officials' illegal misappropriation of county funds and see prosecution if the investigation warrants it?"

Both candidates responses are below, in alphabetical order. 

Christopher Brooke

I have not been provided all the facts and evidence regarding any specific allegations of misconduct by current county officials.  Therefore, I am unable to comment on a specific course of action that should be taken by the District Attorney’s Office at this time.

However, I will fulfill my responsibilities to the People of Modoc County if I am elected District Attorney.  If, as District Attorney, I become aware of meritorious allegations of misconduct by any public official, I will use all available resources to ensure that a thorough, fair and complete investigation is conducted.  

If such an investigation produces evidence of misconduct, all individuals involved will be prosecuted.

John Lawson

    The question  as posed assumes that county officials have made illegal misappropriations of county funds. The appearance of impropriety is certainly present. It would, however, be improper for me or any prospective District Attorney to accept that premise without knowledge of all the facts. Since I do not have access to the internal files of the District Attorney’s office I am not personally privy to any official documentation that exists in regard to this issue.
    Upon entering office as the Modoc County District Attorney I will examine all information previously provided and will review any and all investigations conducted as of that date. Additional information will be sought as needed. Only then would it be appropriate to say whether criminal prosecution is viable or necessary.
    Just as it is not proper for any prospective District Attorney to jump to conclusions, it is also not proper for any active District Attorney to do nothing when reliable evidence of criminal activity does exist.
    Additionally, it will be necessary to examine conflict of interest issues before any prosecution could be initiated by the District Attorney, as his powers are limited when a conflict exists. Cooperation with the Attorney General’s office would then be the appropriate means by which to proceed.
    This does not constitute a complete yes or no answer to the original questions. However, until all the facts are known everything is speculative. Rest assured that once the facts are known, I will do what is right and just within the powers of the District Attorney’s office.

Editorial

The Dark Side of Disaster

The incredibly serious financial picture of Modoc County, while it has its bright side as we pointed out in yesterday's editorial, is mostly dark and bleak.

As the Modoc County Board of Supervisors chooses to turn a blind eye in a hard-headed, all-for-one-or-we-die-together determination to pull the county out of debt, the troops are advancing. 

Monday Night Group
This citizens' ad hoc committee is two-pronged. It has openly shown its concern and criticism for the path the Board of Supervisors is on in seeking $12.5 million or more to replace the treasury money the board spent illegally. At the same time, members of this group may grow weary with the board's denial and call for accountability before board heads roll.

SCO: Possibility of Bankruptcy
A March 30 letter from the legal counsel of the State Controller's Office clearly indicates that bankruptcy is in the county's future if the Board of Supervisors fails to repay the treasury. This letter was addressed to the bond consultants in San Francisco and not to the Board, although various county officials received copies. The Modoc Independent News also obtained a copy.

Save Our Hospital
While we believe this group has been too passive when it could have held the board accountable, it should be recognized the SOH did file a complaint with the District Attorney, which can always be resurrected. Its pressuring the board to set a date for a district hospital vote went against all odds, but finally succeeded.

Citizen's Complaint with SCO
The complaint filed with the State Controller's Office should not be ignored by the board. This complaint has the potential of piercing the county's facade of having its financial future under control.

SCO Filing with the AG
The State Contoller's Office filed a report with the Attorney General's Office when the illegal misappropriation was first disclosed. This report has been dormant since the money taken from the schools' treasury account was replaced -- essentially meaning "no victim, no crime." Would a misappropriation complaint from another county department re-open the inquiry?

Modoc County Grand Jury
The Modoc County Grand Jury is making its own inquiry into the misappropriation of funds. We hesitate using the description "investigation" until the grand jury demonstrates how serious it is in naming names.

First Amendment Coalition
In two attempts, plus a third follow-up, the First Amendment Coalition has tried to obtain the personnel records of Rick Rudometkin in order to determine the process used by the board to hire someone to help solve its financial crisis, in this case a candidate with no prior experience or qualifications for the job. The First Amendment Coalition has a reputation for going to court and winning -- at the other guy's expense.

-- Ray A. March

Editorial

The Bright Side to Disaster

Not all news coming out of the financial crisis the county is facing is bad -- even though the subject warrants it. There have been some positive results either reported in our coverage both on this blog, and in the Modoc Independent News, or as a result of that reporting.

This is not meant to imply credit, but rather to make observations. Here are some positivee aspects that come to mind. We hope our bloggers can add their own suggestions to the list:

Public Empowerment
We're seeing more and more citizens standing up before the Modoc County Board of Supervisors and asking tough questions. The board rarely has the answers, but the questions are being asked and that's a new factor for the board to weigh. We believe the Modoc Daily News blog has given people a vehicle for expressing themselves that did not exist until we went on-line last November.

Monday Night Group
Like knights riding to the rescue, the Monday Night Group arrived just in the nick of time to pressure the Board of Supervisors to take a broad -- rather than a narrow -- look at how it is going to replace the money it illegally took from the treasury.

Outside Auditors
We hope their insistence on the upgrade to the county's bookkeeping system is a lesson learned for the future. If it weren't for them, we would not have discovered that there has been no bookkeeping system in place for Modoc County.

Karen Stockton
Praise the Director of Health Services for being brave -- and intelligent -- when it comes to giving us all, especially the Board of Supervisors, her broad-minded perspective on the dangers and consequences the board faces if it does not turn its financial debacle around.

Darcy Locken
This is not a political endorsement but a direct appraisal of Locken's involvement in helping solve financial questions such as, where does the county cut expenses, and interpreting highly complex financial matters for those of us without degrees in economics.

-- Ray A. March

State Affirms Receiving Citizen's Complaint

State officials have finally acknowledged receiving a citizen's complaint seeking reasonable cause that financial fraud or embezzlement may have played a part in the county's misappropriation of an estimated $20 million from the treasury.

A spokesman for the State Controller's Office confirmed on May 7 that the complaint filed by Don Johnson of Alturas had been received, but declined to comment on what action is being taken or if the complaint is being processed.

"The Modoc County financial issue was referred to the Attorney General's office last year," a SCO spokesman said in response to a question of the complaint's status. He would not comment further, adding only "the SCO continues to work with all parts of county government in this review."

Last July, after the misappropriation was exposed by Mark Charlton, then county CAO, the county's misuse of treasury funds was sent to the Attorney General by the SCO. The AG apparently did not investigate when a portion of the funds belonging to the county schools was replaced -- effectively setting up a "no victim no crime," result.

Modoc County has been under order of the SCO since July 6 to replace "as soon as possible" an estimated balance of $12.5 million to the treasury. To date, the county has not repaid any amount of funds to the treasury.

Johnson's complaint, dated April 8, names among others Mike Maxwell, former CAO; Judy Stevens, former auditor; Alice Marrs, current auditor; and Board of Supervisors' members Dan Macsay, Patricia Cantrall, Dave Bradshaw and former supervisor Mike Dunn.