BOS Uncertain, Fails To Act
On Performance Bond Claim
On Performance Bond Claim
An uncertain Modoc County Board of Supervisors faced with making a decision at its Dec. 7 meeting about whether it should act on a performance bond claim that could indict county officials in the misappropriation of nearly $20 million from the treasury decided to do nothing.
Before the board for the second time in a month was a request from CAO Rick Rudometkin asking the supervisors to either vote for moving forward with the claim or stopping it from going to the county’s insurance carrier.
At the board’s Nov. 9 meeting Rudometkin said the claim, seeking $10 million in damages, had “questionable validity” and that the county should not pursue it. At that time it was not clear if Rudometkin was actually familiar with the contents of the claim.
The claim seeks damages against county officials who are bonded, including the Board of Supervisors, various elected officials, some department heads and former CAO Mike Maxwell, in order to recover money misappropriated from the treasury.
At the Nov. 9 meeting the board tabled discussion of the claim indefinitely after Chair Dan Macsay said he questioned the validity of various sources, including the Modoc County Daily News Blog, that District Attorney Gary Woolverton relied on in an investigation that supported the filing of a claim against the county.
On Dec. 7 the board failed to deal with the performance bond claim when none of the supervisors would make a motion to bring it up for discussion. In effect, taking no action kept the claim alive, but the supervisors, confused by their non-action, decided later to ask the opinion of County Counsel John Kenny.
Some supervisors apparently thought they had blocked the claim from going to the insurance carrier by not acting. In fact, the claim is still alive and in the hands of Woolverton, who can still take it to the Attorney General’s Office.
Supervisor Shorty Crabtree sought to have the claim removed from the agenda, stressing that it was supposed to be reviewed first by Kenny and then discussed in a closed board session.
Macsay took that opportunity to discredit Woolverton, who was not present at the meeting.
“The DA has not done a darn thing on it,” Macsay said. “We gave them a prescribed time to come up with it, but it’s dead, over and done with, and whatever he came up (with) we can throw in the trash can.”
Kenny’s opinion is expected to be presented publicly to the board at its Dec. 14 meeting.
See “Macsay Questions Sources: BOS Stops Insurance Claim,” Nov. 9, 2010, Modoc County Daily News Blog.