Mr. Macklin's Jack O'Lantern
By David McCord
Mr. Macklin takes his knife And carves the yellow pumpkin face: Three holes bring eyes and nose to life, The mouth has thirteen teeth in place. Then Mr. Macklin just for fun Transfers the corn-cob pipe from his Wry mouth to Jack's, and everyone Dies laughing! O what fun it is Till Mr. Macklin draws the shade And lights the candle in Jack's skull. Then all the inside dark is made As spooky and as horrorful As Halloween, and creepy crawl The shadows on the tool-house floor, With Jack's face dancing on the wall. O Mr. Macklin! where's the door?   Poets.org

More Info On SCO Website


Editor’s Note: The following information is from the State Controllers Office (SCO) in response to questions posed by readers of the Modoc County Daily News Blog concerning the recently unveiled SCO website with salaries and compensation figures.

“We've heard from a lot of people about suggestions for the website, and are considering many of them, including a total compensation box.

"Again, this is the first phase, and we'll be adding the more than 3,000 special districts and state employees and elected officials in the next eight months.

"One thing to point out is the Box 5 of the W-2 does contain other compensation not usually reported. So not only salary, but also bonus pay, overtime pay and any cashed out vacation or sick leave are presented.

"If a city or county provides an employee with a car that the employee can drive for personal use, the amount attributed to personal use also would be included as income in that box.

"Plus, we don't know of any other site that provides the information on what the employer is paying on behalf of the employee for pension, deferred comp and health, vision and dental benefits.

"And, because this information comes from the county and/or city, we provided the website so that people can contact the city/county if they want further information.”

BOS Debates Medical Marijuana
 
Want some whiskey in your water
Sugar in your tea
What's all these crazy questions they askin' me
This is the craziest party there could ever be
Don't turn on the lights, 'cause I don't want to see

Mama told me not to come
Mama told me not to come
That ain't the way to have fun,

        Music and lyrics by Randy Newman, 1966
        Billboard No. 1 by Three Dog Night, 1970


No, these are not the lyrics to the song the Board of Supervisors sang yesterday, Oct. 26, during a sometimes raucous discussion over the first reading of a proposed ordinance to allow “medical marijuana collective uses” in unincorporated areas of the county.

The song, a tongue in-cheek by Randy Newman, is actually about a straight guy at a pot party, when marijuana was exotic. Remarkably, “Mama Told Me Not To Come” is now over 40 years old, but it might as well have just been written yesterday for some of those opposed to the ordinance.

One chorus, led by Supervisor Jeff Bullock and a voice from the audience, was against the ordinance on the unlikely coupling of moral grounds and legal questions unresolved in state and federal courts.

The rejoinder, vocalized by Supervisor Patricia Cantrall, was that the county, in adopting the ordinance, was in compliance with state law and besides medical marijuana is known to work for patients at VA hospitals.

Conducting from somewhere in the middle -- or was it by an open window -- was Planning Director Kim Hunter, standing her ground and informing Bullock the county planning commission had not only recommended the ordinance be adopted but was in tune with public opinion.

The first reading went through its formality, and a second reading is scheduled by the Board of Supervisors for Nov. 9. The song’s theme is that medical marijuana collective use is a land use matter -- and not a personal use -- requiring an amendment to the county zoning ordinance.

Locken Steps Up To The Plate
Admits She Is Not Qualified


For the first time since the bright light of public opinion has shone on Modoc County government and its inept handling of everything from finances to election procedures, an official has stepped forward and admitted she wasn‘t qualified for the job.

Auditor Darcy Locken stood before the Board Supervisors Tuesday, Oct. 26, and took full responsibility for her office sending out a ballot to Surprise Valley voters that contained an illegal insertion of a candidate’s statement.

“It was stupid mistake and we made it and it was my responsibility,” Locken told the board. “I put all my focus into the auditor’s side and I forgot all about the other three departments. At this point all we can do is move forward and put something in place so it doesn’t happen again.”

In her candid apology to the board and general public for the error, Locken admitted she did not have the experience to oversee the elections department portion of her combined auditor-clerk-recorder office.

“I’m not qualified to run the elections department and I’m not ashamed to say that,” Locken told the board. “We have someone on staff who is and I will be bringing a proposal to the board, hopefully sooner than later, to ask for permission to do what needs to be done to make that an appointed position. We have trained staff and they should be in charge of that.”

Following the meeting Locken said the person she was referring to was Stephanie Northrup who is presently clerk of the board and formerly worked in the county clerk-registrar of voters office before it was reorganized under the influence of former Supervisor Mike Dunn.

“Stephanie Northrup is trained, she's the most knowledgeable and if the board wants to fill it internally she would be my recommendation,” Locken said.

It remains uncertain just how the elections department can be legally moved from Locken’s office.

“I'm not all that clear yet on what the best way is to do that,” Locken said. “I believe that one option would require legislation, but there may be other options. I'll bring a proposal to the board.”

Northrup told the Modoc Independent News that the process for a switch in offices would depend on two factors.

“If they moved clerk and registrar together it could be done by ordinance, but to separate them, it should be done by legislation. That will be clarified first by counsel,” Northrup said.

The ballot error came to light recently when voters in the Surprise Valley Health Care District received ballots containing a statement by Sandra L. Rosendahl that been included after an apparent miscommunication between Shannon Hagge in the elections department and County Counsel John Kenny.

* * *

County Counsel John Kenny, absent from the Board of Supervisors meeting yesterday, sent an e-mail under the subject heading “Ballot Faux Pas” to CAO Rick Rudometkin explaining his role in the ballot mix-up.

The Modoc Independent News has obtained a copy of that communiqué, which was sent at 5:35 a.m. on the morning of the board’s meeting and read by Rudometkin. It is reprinted here in its entirety.

“A problem has developed with regard to the Surprise Valley Hospital District ballot. Included with the ballot was a candidate's statement. This should not have occurred.

"The mistake resulted from advise I gave to the election's clerk. She asked if a delayed statement could be included in the ballot. I believed she was referring to the ‘ballot material.’ She was referring to the ballot itself.

"The candidate's statement should not have been with the ballot.

"I have heard several complaints concerning the matter. The complaints are appropriate. I have heard suggested no cure to the problem. Whether this candidate, or others, are advantaged or disadvantaged is a matter for speculation. Other than informing the electorate (which I believe has been done), I know of no cure.”

* * *

No cure?

The Secretary of State’s office has clearly said, as reported by the Modoc Independent News Blog, that it is the responsibility of local election officers to remedy complaints such as those coming from voters in Surprise Valley.

Voter recourse includes the filing of complaints with the county counsel, board of supervisors or district attorney -- and with the Superior Court as the mediator.

DA Gary Woolverton has said the remedy voters may wish to seek is a civil action in which a writ of mandate is filed under Section 13314 of the code.

“A writ of mandate could be filed by someone in the electorate, an interested voter from Surprise Valley Hospital District, who felt they were harmed,” he said. “It originates from the general public, a member of the voting public. The county counsel would be empowered to do it. The district attorney’s office could do it but only if directed by the Board of Supervisors. Otherwise the district attorney’s office does not have authority to file on behalf of the electorate.”

* * *

In criticizing Kenny’s handling of the ballot error, Jim Halverson of Cedarville, who is a frequent speaker before the Board of Supervisors, said during the public comment period that the county’s legal counsel was clearly remiss.

“I don’t know here in Modoc where the legal people got their training but any lawyer worth his salt, worth anything, does not make a statement or a legal comment without making notes,” Halverson told the board in reference to a quote by Kenny that he could not recall who he spoke with in the elections office.

“How can the county counsel possibly be making the kind of excuses we hear, ‘I don‘t remember, I might have said that.’ This is just unacceptable anywhere except in Modoc. I can’t imagine how that can happen.”

-- Ray A. March

Sticker Shock


Many of the nearly 15,000 non-resident property owners in Cal Pines who received their property tax bills for 2010 - 2011 this past week are upset. They’re calling Modoc County offices and the Last Frontier Healthcare District asking about the new $195 hospital district assessment on their bill.

Last Frontier Healthcare District volunteer coordinator Lau Miller reports receiving hundreds of calls in the past few days from out of the district property owners who had no clue the tax increase was coming.

“They’re angry at being blind-sided, and that Cal Pines didn’t inform them this was coming,” she told the Modoc County Daily News Blog. “But after we explain the necessity of the tax and how the hospital would have probably closed if the tax was not approved, they settle down, accept it and are understanding. Most say they will pay it.”

The $195 tax assessment is split into two payments. The first due by Dec 10, the second by April 10. Total projected revenue to the new hospital district equals approximately $3 million.

In addition to Miller former Save Our Hospital volunteers Judy Mason and Mary Fender are returning calls, which have also been coming into the Modoc County Assessor’s office and the library. But because the hospital district is now a legal entity Miller asks that concerned property owners direct their calls to the district rather than county offices.

“The hospital district phone number is on the tax bill,” she said. “They should call us if they have questions, want to apply for a hardship waiver or wish to appeal. The Last Frontier Healthcare District phone numbers are 530/ 233-7022 or 530/ 233-3560. The fax number is 530/ 233-7021.”

Modoc Co. Fails to Meet SCO Order
To Provide Salary Information


In the wake of the Bell, California salary scandal, the State Controller’s Office yesterday announced new reporting requirements for all counties and cities, directing them to clearly identify elected officials and public employee’s compensation.

Noticeably absent from the state’s website list of counties complying with the state order is Modoc County. The website is http://lgcr.sco.ca.gov.

CAO Rick Rudometkin did not immediately respond to an e-mail query asking why the county is remiss in not providing the state-ordered information.

Recently elected Auditor Darcy Locken, who has been working on the county’s overdue annual report for 2008-09 and simultaneously assisting in finishing two audits ordered by the State Controller’s Office, did confirm that the compensation report was one of a number of documents still to be completed.

In issuing the order, which carries a $5,000 fine for non-compliance, State Controller John Chiang said public salaries must be made public and accountable.

“The absence of transparency is a breeding ground for waste, fraud, and abuse of taxpayer dollars,” Chiang stated in a press release from his office in Sacramento. “A single website with accessible information will make sure that excessive pay is no longer able to escape public scrutiny and accountability.”

The new reporting requirements come after the City of Bell reportedly spent $1.6 million annually on just three city employees, and nearly $100,000 for each part-time city council member. At the request of the City of Bell’s Interim City Administrative Officer, the Controller ordered an audit of Bell’s finances last week.

Modoc County has been under Chiang’s order for more than a year to replace an estimated $12.5 million to the treasury that was misappropriated by the Board of Supervisors. The county’s finances, at one point bordering on bankruptcy, has been the subject of wide media coverage.

The county is one of 18 in California that have not met the Controller’s requirements, according to data listed on the website. The state order has been in effect since Aug. 3.

The Controller’s new rules require cities and counties to provide the salaries for each classification of elected official, such as mayor and supervisor, and public employee, such as city manager and county administrator. The City of Alturas has complied and submitted a salary report.

Payroll information is included in the total amount listed for each category of required reporting, such as public protection, health and welfare, and benefit pension formulae.

The data is compiled and used to produce annual reports for the legislature. City and counties generally are required to provide the information to the Controller by mid-October of each year.

 

Sponsored by Modoc County Tobacco Education Prog CTCP 10-25 & Prop 99 Funds

SV Health Care Election: 
Little Recourse, Little Time

Voters in the Surprise Valley Health Care District who are upset over the mailing of ballots with an illegal candidate’s statement have limited recourse in getting satisfaction and little time to act if they want to stop the election.

The recent opinion of the Secretary of State office that the mailing error -- admitted by Darcy Locken, auditor/registrar of voters -- must be resolved locally, is now shared by Modoc County District Attorney Gary Woolverton.

Woolverton said that on further review of the state’s election code it appears that the only remedy for voters is to file a write of mandate with Modoc County Superior Court.

Earlier, he said it appeared the county’s mailing of the ballot with Sandra L. Rosendahl’s statement was a violation of election code 13307, making the mailing a criminal act -- whether it was intentional or not, but Woolverton has revised his opinion.

“There is nothing in that section of the state code that makes the mailing a crime,” Woolverton said, explaining that he had reviewed the code in greater detail.

The remedy voters may wish to seek is a civil action in which a writ of mandate is filed under Section 13314 of the code, according to Woolverton.

“A writ of mandate could be filed by someone in the electorate, an interested voter from Surprise Valley Hospital District, who felt they were harmed,” he said. “It originates from the general public, a member of the voting public. The county counsel would be empowered to do it. The district attorney’s office could do it but only if directed by Board  of Supervisors. Otherwise the district attorney’s office does not have authority to file on behalf of the electorate.”

But with the election just a week away, Woolverton said it was questionable a writ of mandate could reach Superior  Court in time to nullify the election -- assuming the court upheld the writ.

He said a question remaining unanswered is whether the election results could be put aside and a special election called.

County Suing Itself for Recovery
Of Misappropriated Treasury Funds


An insurance claim seeking an estimated $10 million in damages has been filed against various Modoc County officials by Modoc County in an extraordinary effort to recover money illegally taken from the county treasury.

The claim is against undisclosed county officials covered by what is known as a performance bond and is being filed by District Attorney Gary Woolverton on behalf of Modoc County.

In effect, the county is seeking damages against itself and is providing names of individuals allegedly responsible for misappropriating close to $20 million from restricted funds in the treasury.

Official offices routinely covered by performance bonds include all members of the Modoc County Board of Supervisors, the auditor, treasurer and chief administrative officer, according to Woolverton.

Woolverton would not identify specifically who is named or who within the county hierarchy actually initiated the action, but he did indicate the claim will reveal information about who was involved in the misappropriation.

“It does name names,” Woolverton told the Modoc Independent News, adding that the claim package contains a letter from Richard Arrow, former consulting chief financial officer, stating that $12.5 million was improperly removed from restricted accounts belonging to the county’s roads, health and social services departments.

The $12.5 million figure is the approximate balance to be returned to the treasury under mandate from the State Controller’s Office following its initial audit of county books last year.

Performance bonds for county officials are in the amount of $10 million, according to Woolverton, who said it was not clear if this amount was for each bonded position named in the claim or if it was a sum total.

The claim is being filed with Trindel, a joint powers authority formed under California law allowing its 10-county members to either self-insure, purchase insurance through an authorized carrier or through a “surplus line broker” such as an insurance pool, according to its website.

Modoc County has been a member of Trindel since the mid-1980s and has been represented on the board of directors by former CAO Mike Maxwell, recently by short-term CAO Mark Charlton and currently by Pam Randall, newly appointed assistant chief administrative and fiscal officer. Auditor Darcy Locken is an alternate.

Trindel’s goal is to “primarily develop effective risk management programs to reduce the amount and frequency of their losses,” according to its website. Claims are administered by George Hills Co. with main offices in Rancho Cordova.

Woolverton said his speculation is the claim will be investigated and denied on the argument that the county -- in its misappropriation -- has not lost anything, that the $20 million merely went from one account to another.

“Then the county is faced with how much it wants to enforce its claim,” Woolverton said, referring to whether the county will pursue a claim against itself.

“The claim form is couched in terms of what is the dishonest act and who did what and how much,” Woolverton said. “I don’t think anyone benefited personally. There were good motives behind removing money from the treasury such as the county needs a hospital.”

Woolverton said he has enough information to show that the misappropriated money may not have gone entirely to Modoc Medical Center, “but anything else would be inconsequential.”

Justifying the filing of the claim, Woolverton added, “County officials would be remiss if there is money out there and they do not do something to make the county whole. If the county did not file a claim wouldn’t it be remiss?

-- Ray A. March