Board Discusses New Meeting PolicyOn Monday, Jan 31, the Modoc County Board of Supervisors, at the request of Clerk of the Board Stephanie Northrup, (pictured, above right) held a workshop to discuss policy and procedure. The workshop was noticed to the public on the preceding Thursday, Jan. 27, at the bottom of the board’s agenda for the Feb 1 board meeting.
Northrup presented findings based on how other counties conduct their meetings. Her information was compiled from inquiries to approximately a dozen counties, according to Supervisor Geri Byrne who attended the workshop.
Up to this point the Modoc county supervisors have conducted their meetings based on individual supervisor’s interpretations of meeting procedures including Robert's Rules of Order and California Association of Counties (CSAC) policy.
As audience members at board meetings have repeatedly pointed out, there currently is no written policy for board meeting rules and procedures. As a result, confusion has been the standard rather than the exception, specifically in these areas: the appropriate time to make a motion, the detail and clarity of agenda items, time limits on public comments and general rude behavior.
This first step in establishing policy and procedure in Modoc County government was greeted by Supervisor Byrne, who has advocated bringing the board into compliance with standard meeting procedures.
“This is a great step in a good direction,” she told the Modoc County Daily News blog.
In her opinion the following recommendations from Northrup are most significant: a procedure for making a motion that allows for discussion any time before the vote, more information in board packets, the fact that an abstention is not a vote and a general call for order and decorum.
Northrup told the Modoc County Daily News blog she plans to put the “Modoc County Rules of Procedure” on the Feb. 8 agenda for board action. She also plans to offer a public comment period at both the beginning and end of the meetings and the consent agenda will appear as one of the first items.
The complete document that will go before the board on Feb. 8 is printed below:
MODOC COUNTY BOARD OF SUPERVISORS
RULES OF PROCEDURE
ORGANIZATION AND MEETINGS
Applicability of Rules
These rules, pursuant to Government Code §25003, shall apply to the Board of Supervisors of the County of Modoc whether sitting as the Board of Supervisors of the County as or the governing board of any other governmental agency. The rules are intended to expedite transaction of the business of the Board of Supervisors in an orderly fashion. The rules are deemed to be procedural only. The failure to strictly observe application of the rules shall not affect the jurisdiction of the Board or invalidate any action taken at a meeting that is otherwise held in conformity with law.
Organizational Meeting
The organizational meeting of the Board of Supervisors shall be held on the first Tuesday succeeding the first Monday after the first day of January of each year, at which time there shall be an election of officers of the Board.
Election of Officers
The Clerk of the Board shall take the gavel for the first agenda item which shall be the election of a Chair and Vice-Chair for the ensuing calendar year. A member shall not be elected to serve as Chair unless he or she has been a member of the Board for the preceding calendar year.
Chair and Vice-Chair
The Chair shall serve as presiding officer of the Board, rule on questions of procedure, appoint annual standing committees and all special assignments, partake in the agenda review, execute official Board records and documents presented by the Clerk of the Board, and shall also represent the Board at ceremonial and official functions. Rulings on questions of procedure and appointments by the Chair shall be subject to appeal to the Board.
The Vice-Chair shall have and exercise all powers and duties of the Chair at the meetings over which he or she is called to preside and at ceremonial and official functions, which the Chair cannot attend. In the absence of the Chair, the Vice-Chair shall call the meeting to order and serve as presiding officer. In the absence of the Chair and Vice-Chair, the remaining Board members shall choose which of them will preside until either the Chair or Vice-Chair appears.
Regular Meetings
Regular meetings shall be held on the second and fourth Tuesday of every month except the Board shall not be required to meet on any Tuesday which falls on an election day or during the time of the CSAC Annual Committee meeting.
Regular meetings shall commence at 9:00 a.m. and shall be held at the Sheriff’s Annex Building at 211 E First Street, Alturas, California, unless the time, date, and location are changed by a majority vote of the Board. Notice of any continuance must be posted within 24 hours of adjournment, at or near the place where the meeting was held. At each regular meeting, or any continuance thereof, the Board may transact any and all business which it is authorized or permitted by law to contract. Business shall normally be conducted between 9:00 a.m. and 5:00 p.m., but may continue past that time without objection from the members present.
All open sessions of the Board shall be recorded by audio means and may also be recorded and broadcast by any member of the public or media so long as it does not disrupt the proceedings.
Special Meetings and Workshops
Special Meetings and Workshops may be called by the Chair or by a majority of the Board at times and locations other than the above in accordance with the law and specified notice provisions set forth in Government Code §54956. In all cases the Board may transact any and all business which it is authorized or permitted by law to transact.
Clerk of the Board
The Clerk of the Board shall be present during all meetings for the purpose of taking and maintaining the minutes of the meeting; presenting and receiving correspondence, records, documents, claims, reports, or petitions; preserving all records; marking or attesting all resolutions and ordinances; imparting information on Board documents of public record; and otherwise fulfilling all duties imposed by law or required by the Board or by the presiding officer. Any documentation that is provided to a majority of the Board either prior to the meeting or at the meeting must be concurrently distributed to the Clerk of the Board for public review.
County Counsel
County Counsel shall be present during meetings as requested by the Board, Administration or Department Heads; to advise on all legal questions. No ordinance, resolution, agreement or contract submitted with an agenda item will be considered by the Board until its legality as to form has been approved by County Counsel.
County Administrative Officer
The County Administrative Officer or Assistant County Administrative Officer shall be present during all meetings for the purpose of assisting the Board in their deliberations and decision making unless excused by the presiding officer.
Quorum and Action
A majority of the members of the Board shall constitute a quorum for the transaction of business and no act of the Board shall be valid or binding unless a majority of all members are present and concur therein (unless a 4/5ths vote is required). (See Appendix A for 4/5ths vote requirements)
A Board directive may be given by information action of a majority of the Board and shall be recorded in the minutes, including the names of any Board members who state their opposition to the action.
Absence of a Quorum
In the absence of a quorum, the remaining members or the Clerk may adjourn the meeting to another date and time in accordance with Government Code §54995 and shall post a Notice of Adjournment. In the event a Supervisor leaves the meeting room, momentarily causing a lack of quorum, he should notify the Chair of his intended absence and the Chair may call a recess.
The Agenda
The agenda shall contain a brief general description of each item to be discussed or transacted at the meeting to which the agenda applies. The agenda shall indicate the time and location of the meeting and shall be posted by the Clerk as required by law. The agenda shall include the physical address of the Clerk where the public can obtain all documents/information relating to an agenda item as well as the Internet location of the meeting agenda and materials.
The Clerk shall arrange items under the following agenda headings: Consent Agenda, Consideration/Action, Discussion/Information, Public Hearing, and Closed Session.
Order of Business
The Board shall conduct business in the order specified in the posted agenda or as modified at the discretion of the Chair.
Roll Call
The Clerk of the Board shall make a note in the minutes as to whom is present at the beginning of each meeting, and shall further record, during the course of each meeting, the arrival of any member listed as absent and the departure of any member listed as present.
Planned absences shall be communicated to the Clerk of the Board, County Administrative Officer, or the Chair at least one week in advance. Unanticipated absences shall be reported as soon as possible. If a member is absent, he or she may have entered into the record the reason why.
Minutes of Previous Meetings
The minutes of previous meetings shall be submitted to the Board for additions, corrections, and approval by a majority vote of the Board. If a Supervisor was absent from a meeting, he/she will abstain from voting on the approval of the minutes.
Agenda Timing
With the exception of items sponsored by Board members, all items it be placed on the agenda shall be presented to the Clerk of the Board and the County Administrative Officer not later than 5:00 p.m. on the Tuesday preceding the regular meeting for which the agenda is prepared and shall include a complete agenda summary, all supporting documentation and a fiscal analysis if necessary.
Matters Not on the Agenda
No action shall be taken on any item not appearing on the posted agenda except: (1) Upon a majority vote of the Board that an emergency situation exists as defined in Government Code §54956.5; (2) Upon a determination by a 4/5ths vote of the Board, or if less than 4/5ths of the members are present, a unanimous vote of those members present, that the need to take immediate action arose subsequent to the agenda being posted; (3) When the item was posted for a prior meeting of the Board, and at the prior meeting the item was continued to the meeting at which action is being taken. (Also see Appendix A)
Public Comment
Public comment on any item not appearing on the agenda but which is within the subject matter jurisdiction of the Board is permitted. The Board limits testimony on matters not on the agenda to three minutes per person and not more than ten minutes for a particular subject on the agenda at the discretion of the Chair.
PROCEDURE AND VOTING
Order and Decorum
The Chair shall preserve order and decorum and shall decide all questions of order and procedure subject to an appeal to the Board.
The nature of any appeal shall be briefly stated and the Chair shall have the right to state the reason for his or her decision. The Board shall decide the case without debate, and the question shall be stated as follows: “Shall the ruling of the Chair be sustained?” A point of order may only be raised by a member of the Board.
No member wishing to speak or debate shall proceed until he or she shall have addressed the Chair and been recognized thereby. When two or more members speak at the same time, the Chair shall determine who is entitled to the floor.
While a member is speaking, no member shall engage or entertain a private discussion.
All members shall refrain from the use of profanity, emotional outbursts, personal attacks or any speech or conduct which tends to bring the organization into disrepute.
Any member desiring to exit the meeting shall do so in a calm and quiet way so as not to disturb the meeting. If a member knows that they will have to leave at a specified time for another engagement, they should inform the Chair prior to the meeting or during a recess. When a motion to adjourn is carried, the members shall remain seated until the Chair declares the meeting adjourned.
The Chair may determine when orderly conduct of a meeting is not feasible owing to disruptive behavior by persons in attendance. The Chair may order the removal of the person(s) disrupting the meeting. If order cannot be restored by removal of such person(s), the Chair may order the meeting room cleared and continue in session. Members of the news media, except those participating in the disturbance, shall be allowed to remain. The Chair may re-admit any person(s) provided their re-admission will not disrupt the continued orderly conduct of business.
Privilege of the Floor
Members of the public have the right to address the Board on any item within the subject matter jurisdiction of the Board pursuant to Government Code §54954.3.
At the invitation of the Chair members of the public who wish to speak shall come to the podium and identify themselves by name. The Chair may, in the interest of facilitating the business of the Board, limit the amount of time a citizen may use in addressing the Board.
Each speaker shall refrain from making defamatory, profane or personal remarks, using abusive or threatening language or engaging in any other disorderly conduct that willfully disrupts, disturbs or otherwise impedes the orderly conduct of any meeting.
Each speaker shall refrain from unnecessary repetition of issues and points already raised by previous speakers.
Motions – General
Any motion for action shall require a second before being acknowledged by the Chair. If a motion is not seconded, the motion fails for lack of a second, and shall be so declared by the Chair. Motions pertaining to an item listed on the agenda can be done at any time after that item has been read aloud for the record, but not after the item has been closed unless the Board wishes to rescind an item or to bring the item back for reconsideration. The Clerk shall enter into the minutes the motion and the names of the moving and seconding members. After a motion is made it shall be open for debate but may be withdrawn by the moving and seconding members at any time before a decision is made or an amendment adopted. A motion may be amended with the consent of the moving and seconding members at any time before a decision is made. There can only be one motion on the floor at a time. Should the initial motion fail the floor is open for alternate motions. The Clerk shall enter into the minutes the vote of each member on each motion.
Motions are required for, but not limited to, the following items:
To table or postpone an item
To approve or adopt an item
To disapprove or deny an item (you can also choose to take no action)
To amend an item
To ratify an item
To nominate
To recess
To adjourn
Motions to adjourn or to take a recess shall always be in order but may not be made while the Chair is acknowledging the question, or while a member has the floor.
Consent Agenda Items
All items listed under Consent Agenda will be enacted by one motion for unanimous approval of the recommended actions contained in the agenda item recommendation section. There will be no separate discussion of these items prior to the time the Board votes on the motion unless any member of the Board or the public requests removal of specific items from the Consent Agenda for separate discussion and action.
Consent items consist of items that are normally routine in nature and that do not require individual consideration. Such items may include: receipt of pre-authorized or reoccurring grants, agreements/contracts with minimal changes, requests for and approval of bid openings, appointments to special districts, and meeting minutes.
Public Hearings
Upon receipt of a request by a County Agency or Board member for a public hearing established by statute, the Clerk may proceed to set the matter for public hearing without further action of the Board unless the Board is required by law to set the matter for hearing. In that event, the matter will be placed on the agenda to set the matter for hearing. Most public hearings, unless otherwise noted, have to be published ten (10) days prior to the meeting. Therefore requests for a public hearing should be turned in at least three (3) weeks in advance to allow the Clerk time to get the information to the newspaper.
Public Hearings Procedures
The following procedure shall be followed for public hearings.
The Chair shall officially open the public hearing.
Department staff may present the item and answer questions.
Persons in support or opposition to the action may address the Board after the Chair has opened the floor to either proponents or opponents.
The Chair shall, following the conclusion of public comments, close the public hearing.
Board members shall then deliberate and either determine the matter or continue the public hearing to another date.
Ordinances
Ordinances are introduced at one meeting (first reading), then placed on the agenda for adoption at a subsequent meeting. The first reading will be scheduled as a public hearing and shall be published in the paper at least two weeks in advance of the scheduled meeting.
The first reading will become the primary hearing at which: (1) the title of the ordinance will be read; (2) the Board will typically consider a motion to waive the reading of the text of the ordinance and to introduce the ordinance by title only; (3) members of the public shall have an opportunity to address the ordinance; (4) the Board will by a motion and majority vote set the second reading.
At the second reading: (1) the title of the Ordinance may be read; (2) a motion to adopt the ordinance may be made; (3) a majority vote will adopt the ordinance.
The ordinance, or a summary of the ordinance, is to be published in the paper within 15 days after approval.
Pursuant to Government Code §25123, ordinances shall generally become effective 30 days from the date of final passage.
Urgency ordinances will take effect immediately upon adoption pursuant to Government Code §25123 and Elec. Code §9235. (Must be supported by findings)
Rules of Voting
No act of the Board shall be valid or binding unless a majority of all the members concur therein unless a 4/5ths vote is required. (See Appendix A for 4/5ths vote requirements)
The Chair shall use his or her discretion in deciding whether to call for the vote in unison or by roll call. As a matter of public policy, all members of the Board shall take a position, and a vote on all issues brought before them. When it comes time for Supervisors to vote on an issue, a Supervisor may vote “aye” or “no”. If a Supervisor abstains from voting, that means the Supervisor has not voted. Any member who abstains shall state the reason why, either before or immediately following any abstention. An abstention is considered a non-vote and goes with neither the proponents nor opponents of the motion. An abstention vote should happen whenever a Supervisor believes he/she has a conflict of interest or that there was insufficient information for making a decision. Otherwise, Supervisors should cast votes on all issues put before them.
In the event a motion fails because of a tie vote, the Board will continue the item for consideration to the next regular meeting. In the event of a second tie vote, the motion fails.
A member who has a disqualifying financial conflict of interest or is disqualified from voting for another legally compelling reason shall:
Publicly identify the financial interest or other reason for being legally unable to vote in a manner sufficient to be understood by the public;
Recuse him/herself from discussing and voting on the matter;
The member may also leave the room until after the discussion, vote, and other disposition of the matter are concluded.
A supervisor who is absent from all or a part of an agenda item shall abstain from voting on that item.
Four-fifths Vote
Particular items which may come before the Board and which require four-fifths (4/5ths) vote are listed in Appendix A which may be up-dated without amending these rules.
Motion to Rescind
A motion to rescind any action or motion shall require four-fifths vote unless notice has been given at the previous meeting, either verbally or in writing. If notice has been given the motion requires only a majority vote of all the members of the Board. A motion to rescind is not in order if action has already been taken which cannot be undone.
Motion to Reconsider
Any member of the Board who votes in the majority on a question, as well as any member who was absent, is eligible to make a motion to reconsider. A motion to reconsider shall be in order during the meeting at which the action to be reconsidered took place provided members of the public in attendance during the original action are still present in the Board chamber. In all other cases, motions for reconsideration must be placed on a future agenda for action. A motion to reconsider shall require a majority vote. A motion to reconsider, if lost, shall not be renewed nor shall any subject be a second time reconsidered within twelve (12) months except by a 4/5ths vote of the Board.
Closed Session Items
Closed sessions are permitted as follows:
- Litigation: To meet with County Counsel to consider litigation which has been filed, or which is likely to be filed, by another party, or to consider having the County file litigation.
- Labor Negotiations: To meet with the County’s representatives to instruct them in negotiations with labor unions and other employee representatives.
- Property Negotiations: To discuss the price or payment terms.
- Emergencies: To meet with law enforcement officials and other officials in the event of natural or human caused emergencies which cause a threat to public services or facilities.
- Personnel: To discuss the appointment, employment, performance evaluation, discipline, complaints about or dismissal of a specific employee or potential employee.
Standing Committees
The Chair shall appoint the number of members needed to each standing committee, with one to two as Representatives and one as an Alternate within ten (10) days from the date of the organizational meeting in January.
All standing committees shall be appointed for the calendar year, and the members shall continue in office until their successors have been appointed.
Ad-Hoc Committees
Ad-hoc committees may be formed by Chair directive or Board action and shall include prescribed duties and membership of the committee. Status reports from Ad-Hoc Committees shall be made to the Board at each regular meeting. Ad-Hoc Committees are encouraged to conclude their business at the end of each calendar year but may be extended at the recommendation of the committee and approval of the Board. The Clerk of the Board will maintain a current index of Ad-Hoc Committees and their purpose.
Board Assignments/Reporting Requirements
All members who are assigned to special projects, committees, and separate Boards or Commissions shall provide regular reports to the full Board regarding their activity in connection with the special assignment.
Suspension or Amendment to Rules
Any rule may be suspended or amended upon the consent of 4/5ths of all the members of the Board of Supervisors. Suspension of any rule shall apply only to those matters before the Board at that time.
A proposal to amend the rules shall be filed in writing with the Clerk of the Board and shall be made a special item of business at the next regular meeting of the Board.
Appendix A. 4/5ths Vote Requirement
The following actions require a 4/5ths vote of the Board.
Appropriation (Budget) Transfers
a. Changes to proposed budget after budget hearing but prior to final budget (Gov. Code §29088).
b. Transfers from the Contingency Fund (Gov. Code §29125).
c. Transfers of unanticipated revenue (Gov. Code §29130).
d. Appropriations for an emergency (Gov. Code §29127).
e. Exceeding budget in emergencies (Gov. Code §5379.2).
f. Transfer from designated reserves excluding General Reserve (Gov. Code §29130).
Off Agenda Item
g. To consider an item not on the Agenda, the Board must make findings that the need to take action arose after the Agenda was posted. If Board members are absent, it requires a unanimous vote of those members present.
Planning Matters
h. Adoption of interim zoning ordinance as urgency measure (Gov. Code §65858).
i. Adopt or amend a general plan element, zoning ordinance, or building regulation.
General Matters
j. Contracts, changes, or alterations which increase costs over the maximum allowed advertising but are less than 10% of the original contracts (Pub. Contract Code §20137).
k. Plans and specifications, for public buildings or structures, when changes increase costs (Pub. Contract Code §20135).
l. Bridge construction contracts, modifications of contracts or plans (Pub. Contract Code §20405).
m. Cooperation with cities in road work (Sts. And Hwy. Code §1680).
n. City Streets – designation as a county highway (Sts. And Hwy. Code §1700).
o. County roads, improvement through use of the General Fund monies (Sts. and Hwy. Code §1070)
p. Private roads, improvement and repair with County funds (Sts. and Hwy. Code §969.5).
q. Leasing of Road equipment (Sts. and Hwy §942).
r. Establishment of Right of Way Revolving Fund (Sts. and Hwy Code §1627).
s. Adoption of resolution of intention to sell or lease County property (Gov. Code §25526).
t. Leasing of certain County property for certain specified usage (Gov. Code §25536); Amendment of lease or contract (Gov. Code §25536.5).
u. Parks, resolution of intention to abandon all or part – 5 votes (Gov. Code §25583).
v. Condemnation proceedings, resolution of necessity (Code Civ. Proc. $1245.240).
w. County property, conveyance or exchange to another governmental agency (Gov. Code §25365).
x. County property, conveyance to cities for park purposes without reimbursement – unanimous vote of members present (Gov. Code Sections 25550 and 25550.5); County aid to cities for park purposes – 4/5ths vote (Gov. Code §25553); Dedication of unused parklands – 4/5ths vote (Gov. Code §2560.4).
y. Property acquisition for airport purposes by purchase, condemnation or lease; Resolution for County aid (Gov. Code §26021).
z. Airports, contribution of funds to U.S. Government (Gov. Code §26026).
aa. Special Assessment District, exceptions to proceedings relating to sanitary projects (Sts. and Hwy. Code §2808).
bb. 1911 Act, Majority Protest, over-ruling of protest (Sts. and Hwy. Code §5222).
cc. County sanitation, maintenance and flood control district loans, establishment of revolving fund (Gov. Code §23014).
dd. County Service Area Loans, establishment of revolving fund for making loans (Gov. Code §25210.9(c)).
ee. County Service Area, extension of period for repayment of loans (Gov. Code §25210.9(b)).
ff. Investment of Retirement Funds in real property sold or leased to County, requires unanimous vote of Board of Retirement and 4/5ths vote of Board of Supervisors.
gg. Records, destruction of original records which have not been microfilmed (Gov. Code §26202).
hh. Delinquent Accounts – Assignment to a collection agency (Gov. Code §26220).
ii. Urgency / Emergency Ordinance for preservation of public peace, health or safety – to become effective immediately (normally requires 30 days for ordinance to become effective) (Gov. Code §25123 and Elec. Code §9235).
jj. Destruction of records exposed to asbestos (Gov. Code §26202.5).
kk. Replacement of annual Special Audit with a biennial audit for Special Districts: Requires unanimous request of governing board, and unanimous approval of the Board of Supervisors (Gov. Code §26909(e)).
ll. Employ counsel to assist District Attorney, County Counsel or other counsel for the County (Gov. Code §25203).
mm. Cash sale or lease of any property, not required for public use, at a noticed public auction, 4/5ths vote; sale or lease at an unadvertised, private sale can be authorized by simple majority, but only after the Board unanimously finds that the value of property does not exceed $500, monthly rental value is less than $75, or it is a product of a County farm (Gov. Code §25363).
nn. Resolution negating public bidding (Pub. Contract Code §20150.10).
Adopted: ________________________
31 comments:
What about adding items to the agenda at the meeting?
Shouldn't this be only for emergency items as defined by the Brown Act?
Also, shouldn't any items added that are not strictly emergency as defined by law (if adding any agenda item other than emergency items is allowed by law) be the exception, and not become a common practice?
And if it is legal to add non-emergency items to the agenda after the notice period has expired, shouldn't they be limited to information or discussion only?
In other words, no action can be taken on non-emergency items added to the agenda after the notice period has expired?
If the clerk has the 'agenda review' each week prior to compiling and posting the agenda (attended by the clerk, BOS Chair and County Counsel) there is actually little need for "adding items" to the agenda outside of a true emergency situation. This practice of agenda review is very successfully used in other counties.
Agreed, but the point remains - is it legal to add an action item that is not an emergency (as defined by law) to an agenda after the notice period has ended?
Even if it is legal, is it in the public's best interests to do so?
It is not legal, and it is certainly not in the best interest of the public. Adequate notice and posting of the agenda in a public location, as well as having the web site up to date so that the public can see the agenda are all common practices in other counties. All supporting documents are scanned as well so that anyone using a computer can see all the documents associated with an agenda item. Additionally, most counties have their meeting minutes posted on the website prior to the next meeting ie meeting on Tuesday, minutes from meeting posted by the next Monday.
In addition to adopting Rules of Procedure for the BOS they need to send their Clerk for some training SOMEWHERE! The "he said, she said" style of minutes opens the county up to potential litigation. That style of minutes is very hard to defend in court. Any County Counsel will tell you that. Since when is Pat Cantrall's double pneumonia as a child, and the fact that she isn't a Catholic, information for BOS minutes. PLEASE! When did a "aye" vote become "yea"? The world is laughing at Modoc, yea, yea, yea...........
Back to illegal agendas and actions taken.
If items are placed on an agenda after the notice period has expired, and yet no resolution of a legal emergency has been declared by the board, then any such action on the item is illegal?
If that is the case, this is exactly what occurred at the November 10, 2009 board meeting.
At this meeting, item 1a.) Ratification Consideration, was placed on the agenda appointing Rick Rudometkin as the Interim CAO of Modoc County. It was voted upon and passed without a declaration of emergency or proper public notice, therefore it was illegal.
So it seems quite clear that Mr. Rudometkin was both illegally hired (and therefore, subsequently, illegally promoted) because of the illegal actions taken by the board of supervisors at this meeting.
Can this illegal hiring be rescinded?
Doesn't the BOS have a county counsel advising them and who is present at each meeting? He/She should never have let this take place if so. I would say there is a problem. Who to go to? County Counsel, who will surely CYA on this one. Don't know what to tell you on this one. Complain at the State level if you can get anyone to listen to you. Once again, an inexperienced Clerk to the BOS is as dangerous as some of those board members. The Clerk is responsible for the way the meeting is run and that scenario would never fly anywhere else, no matter if county counsel was on the scene or not.
I have read these "RULES OF PROCEDURE" and there are numerous errors in punctuation, sentence structure, paragraph structure and spelling that change the intent of some statements. They all may be typos but this thing needs some serious proof reading before presentation to the BOS. I suggest giving it to the high school English class as a project to proof read and also learn about local government.
re: "Can this illegal hiring be rescinded"..............Doesn't need to be rescinded because it was illegal in the first place. There is NO hiring due to the fact that it was not posted in a legal manner and it was not declared an emergency item.
He still is getting paid to do the CAO job.
So, what remedies can the taxpayers take to have Mr. Rudometkins salary and benefits both repaid for the past 15 months or so, and reduced to its legal level?
Dear Anonymous, if that is true, then someone had better notify Payroll!
Demand that it be an item on the BOS agenda. Once again, isn't there a county counsel in Modoc? Take it up with the legal counsel to the board. Payroll should NOT be paying him.
The legal council was there when it occurred.
He is part of the problem, not part of the solution.
Just keep making public noise!! Unbelievable what has gone on in Modoc. Time for a change. The public can't ever again afford to get lazy in Modoc. Keep your eyes open and open your mouths! Change is slow, but public attention and open dialogue will make things happen. DA and county counsel the same person? If so consider recall, it is an elected position. If not, put pressure on the BOS and CAO, even if he shouldn't be being paid!!! Take an active part and interest in the selection of a new CAO, ensure the process is legal and adhered to. Hopefully, the BOS won't hire another 'good old boy' or repay any favors when they hire this time.
I would be willing to bet that the BOS will hire someone who does not even meet the advertised minimum requirements for the CAO job.
The process is already being handled in violation of the Ralph M Brown act in that a long series of serial meetings have occurred on the subject over the past month or so.
The decision has been made, we are just waiting for our rulers to inform us.
Why can't the BOS simply consider and discuss - per the law and public interest - the public's business in only public meetings?
Please, ask the supervisor if this is true. Ask for emails:
"a long series of serial meetings have occurred on the subject over the past month or so."
Of course, they could be doing it over the phone as well, among other methods.
Department head reports that deal with such important public issues (for example) as the status of bonds, certificates of participation, or loans MUST be removed from the department head reports section of the agenda.
Why? Because the public has no way of knowing that this public business was to be discussed at their last public meeting because it wasn't listed specifically enough (at all in fact, in this case) on the agenda.
Making it a report and not an agenda item removes this topic from both public knowledge and public comment during the meeting, effectively taking away the public's right to know and be involved yet again - and continues to undermine the boards credibility in speaking about the public's business openly.
Reports are for mundane things - and this loan or bond is certainly not that.
Surely, if anything of late needs to be mentioned specifically enough on the agenda to inform the public as to whether they should attend to comment or not, it is this loan, or whatever you choose to call it.
One would hope that a BOS member or Monday Night Group member would make a motion (or request an agenda item be placed) to have all such reports on this loan listed on the agenda.
The public deserves the right to be informed in advance by a properly noticed and informative agenda item that this information on the bonds or loan is to made available at this and future meetings.
How long is it going to take before the ignorant Modoc County masses realize that the BOS is not interested in what we think, or what the law says?
They know what is best for us!
To do things in an open, public manner would require that they have the ability to read, listen and assimilate information, form an opinion, debate the issues, change their opinion (if warranted) based on new information provided during the debate by the public, or other parties, negotiate, reach a consensus and then actually, finally vote.
Much easier to have an intermediary go between them, broker a deal based on emotions (I like him, Anything for the fire depts, He's a local, I don't trust outsiders, she's really smart, If I vote for this, so and so will like me, etc, etc, etc)
I had great hope for Geri and Dave to turn things around. That hope is rapidly fading.
There is no hope for Shorty, Jeff and Pat
So, Ms. Byrne & Mr. Allen, et al., where are the public meetings on "to get a loan or not?"
The public has asked for agenda items and public workshops for over a year to explore what is in the taxpayers best interests, and yet nothing is happening.
Darcy Locken appears steadfast in her determination of following the previous boards admonition to "get the loan done, ASAP."
This would certainly make her job easier, but is that in our taxpayers best interests? She says so, but with no facts or studies to back it up - and certainly no public input of any significance.
This is even most evident in her recent department head report that had no indications as to the content - which predominantly was "the folks lending us the money now have (almost) all of the documents they need."
So the previous boards edict to "damn rationality, damn public input, and damn evidence based decision making - get the loan!" remains in effect - this despite the newest two supervisors being elected to make deliberative decisions - not knee-jerk reactions.
Take a good look in the rear view mirror, folks - because that is exactly how we got in the shape that we are in today.
So, it's an emergency agenda item to place a 1967 rock crusher that has been declared surplus already (and was stated to have a $0 value by the requester) and to spend way too much time discussing it, rather than to spend any time at all on talking about whether this county should borrow $20 million dollars?!?
Thank goodness for the audience member who brought up the silliness of the request as a matter of budgetary policy - not to mention standing his ground to Modoc's arrogant CAO.
Also, doesn't it take a 4/5 majority vote to place emergency items, if legal?
Its certainly not decided by whether the item is "time sensitive" as the board clerk indicated. That is just nonsense.
For goodness sakes, BOS, read what an emergency item really is per California Government Code.
If you had done that before this, you wouldn't have the overpriced CAO trying to run the meetings for the chairperson.
We are working at it. We have passed new board procedures, are interviewing CAO candidates, looking at county counsel and educating ourselves on issues at every turn. I will keep reading these blogs and posting here as long as things remain civil. Criticize me for specific things you think I do wrong but please try to keep an open mind and look at the things that have been accomplished in just a few meetings. I am trying to do things with as much transparency as the law allows, research issues as thoroughly as possible and listen to any and all who have well thought out reasonable suggestions. I know criticism comes with the job and that is fine but I would hope that just as you want me to make educated decisions, those being critical would do so with facts and not emotions too.
To do things in an open manner requires that things APPEAR ON THE BOARD AGENDA with enough information to allow the public (whose business it is) to decide if they need to give their elected officials (employees) direction or input.
It is really can't get simpler than that.
Once again, most of this goes back to the fact that you have an undereducated, board clerk who doesn't have a clue as to what the process is, and who is too arrogant to accept help. Oh, except for that attendance at the New Law workshop in Sacramento, which is nothing more than a glorified pre Christmas shopping trip/cocktail party. I'm sure the California Clerks Association could offer some assistance, but one has to be ready and willing and able to accept some guidance. You can have all the info in the world and a willing BOS but the Clerk of the Board controls the agenda and this one doesn't know how to do that!
Folks, emotions are still running high and I'm sure the new BOS would like some time to get "situated". Really, who would want to walk into this mess? They are indeed brave souls. I've found myself to be ahead of the curve a few years and I tend to "step on toes" while dancing, however, this entire situation could be an opportunity to "redesign" our current government, into a system that will work. It will take a group of dedicated individuals to put Modoc back together again and one man or woman is not going to be the "HERO". Give up the power, greed and glory of politics and base your decisions on solid evidence, common sense, best practices and reach out for answers. Let the false pride and ignorance go and let's see what rises out of the ashes.
Gerri. You want the public "to make educated decisions, those being critical would do so with facts and not emotions too". You will never get that from the general public but you, as an elected representative must have your facts and info straight. I would ask that you and other supervisors will confirm all information with independent sources. So many lies have been told for so long by so many public officials in this county that it's like a fantasy world. You can't believe the simplest thing without checking. If you go along, blindly, allowing other supervisors to "educate" you, you will find yourself apart from your flock. Lies by county supervisors are the norm.
Anonymous at 7:50. It's too bad you didn't put your name to that post. It is beautiful.
Ron, why is it too bad that the poster at 7:50AM didn't attach a name?
Thomas Paine and other pamphleteers surrounding our countries emerging democracy chose to sign anonymously or use pen names as well, and for much the same reasons, to protect their businesses, relatives, and friends.
As the message of this post @ 7:50AM infers, its not about the person(s) behind the ideas, but rather the ideas themselves.
As we've seen, even good people make mistakes - in this case not sharing their ideas with the public openly about how they wanted to spend our taxpayer dollars - which unfortunately was illegally and unwisely.
Good ideas that are tested with open discussion and evidence based solutions are what we need now, regardless of the name(s) behind them.
To both the new BOS and existing members -
The California State Attorney General's office is an excellent resource for getting accurate and unbiased information regarding the procedures for placing items on agendas; what constitutes an emergency meeting, etc...
They have the case law and opinions at their fingertips, available to those who would but simply call or email them.
The question is, will you?
And if not, why not? They will be the ones to decide for us in the end if a question arises in the future.
The California Clerks Association is also an excellent resource regarding board agendas etc. Tap into the help that is available.
May I point out that poor management makes poor employees? NOT the other way round. I do not believe the BOS have been effective nor clear in their supervision of their Clerk. It costs MONEY to get these important trainings, and the BOS to this point has been quite cheap about the value of training. (We can figure it out ourselves, cause we are smart). How can they effectively manage this employee if they do not actually understand what her duties and tasks and education should be? After all, we are uncertain that they know those things even about their OWN roles as a Supervisor. Without a clear set of expectations and appropriate feedback, how can any employee, let alone one in such an important position, learn and grow and be what is needed? I've seen a lot of criticism here of Stephanie, but where is the recognition that she is working at a difficult job that in most cases requires a more mature and experienced individual, without any support or understanding or anyone she can rely on to properly guide her? I do not think it is arrogance, I think she is the victim of "Modocism", we know it all as good as anybody does, just go do it, and if it is wrong we'll slap you. Seriously, this County NEEDS a WRITTEN HR Policy and each position needs a clear description and annual evaluations to help them grow and be more valuable. It would help if managers knew how to appropriately manage too.
12:01 you are absolutely 'right on' about this whole situation. Unfortunately many people in Modoc County government service have risen up the career ladder merely by attrition, not because they are qualified to do the job. There are no policies, procedures or job descriptions anywhere. This county not only need a written HR policy, they need a HR Director and maybe the hiring process would become legal. There is a great deal of "free" help available to the county clerk from clerks in surrounding counties. They would welcome an opportunity to help a young person who is trying to do the job. You can never count on the BOS to give her direction, most of the time they are completely lost. Ms Stephanie should call one of the other counties every time she has a question or needs help . I know for a fact that the staff in the SQ county board clerks office would gladly offer her help. Also she could look at the agendas and minutes on line from other counties to get examples of how it should be done. Loved your "Modocism" comment. How true!!!!
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