HomeMy WebLinkAboutMINUTES - 03141995 - 1.37 1 .37
THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on March 14, 1995 by the following vote:
AYES: Supervisors Smith, DeSaulnier, Torlakson and Bishop
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: ACKNOWLEDGE RECEIPT OF GRAND JURY REPORT NO. 9502 ON
THE DELTA DIABLO SANITATION DISTRICT
IT IS BY THE BOARD ORDER THAT the receipt of the Grand Jury Report No. 9502 on the
Delta Diablo Sanitation District is acknowledged.
I hereby certify thct this is a true and correct copy of
an action taker:and entered on tho minutes of the
Board of Supc/�rvviis�or�-s oQ th d t hown.
ATTESTED.
PHIL BATCHEI_r)R fh^ ,crd
of Supervisor^ _^r+ -1,1^inictrator
Deputy
1. 3r7
A REPORT BY
THE 1994-95 CONTRA COSTA COUNTY GRAND JURY
1020 Ward Street
Martinez, CA 94553
(510)646-2345
Report No. 9502
Delta Diablo Sanitation District
Alleged District Mismanagement _
EC
EIVED
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Approved by the Grand Jury:
Date: Z t lq4
Clyd4 Parkhurst
Grand Jury Foreman
Accepted for Filing:
Date: ---2 - r r _
John- . V DePoel
Judge of the Superior Court
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SECTION 933 (C) OF '1 CALIFORNIA PENAL CODE
§933. Comments and Reports on Grand Jury
Recommendations.
(c) No later than 90 days after the grand jury submits
a final report on the operations of any public agency
subject to its reviewing authority, the governing body of
the public agency shall comment to the presiding judge
of the superior court on the findings and recommendations
pertaining to matters under the control of the governing
body, and every elective county officer or agency head
for which the grand jury has responsibility pursuant to
Section 914.1 shall comment within 60 days to the
presiding judge of the superior court, with an information
copy sent to the board of supervisors, on the findings and
recommendations pertaining to matters under the control
of that county officer or agency head and any agency or
agencies which that officer or agency head supervises or
controls. In any city and county, the mayor shall also
comment on the findings and recommendations. All such
comments and reports shall forthwith be submitted to the
presiding judge of the superior court who impaneled the.
grand jury. A copy of all responses to grand jury reports
shall be placed on file with the clerk of the public agency
and the office of the county clerk, or the mayor when
applicable, and shall remain on file in those offices. One
copy shall be placed on file with the applicable grand jury
final report by, and in the control of the currently impan-
eled grand jury, where it shall be maintained for a
minimum of five years. Leg.H. 1961 ch. 1284, 1963 ch.
674, 1974 chs. 393, 1396, 1977 chs. 107, 187, 1980 ch.
543, 1981 ch. 203, 1982 ch. 1408 §5, 1985 ch. 221 §1,
effective July 12, .1985, 1987 ch. 690 §1, 1988 ch. 1297.
Cross-References
Admissible evidence. Penal Code §939.6.
"Grand jury" defined. Penal Code §888.
Grand jury report to be based only on own investigation. Penal
Code §939.9.
SUMMARY:. j
a
. Several allegations concerning Delta_Diablo. Sanitation District were:received by;the 199495:.
Contra -.
Costa Grand:Jury concerning_financial..losses,,.n an account devoted to_Bay Point_
residents,<Irregularities-in the;dismissal-of a. Delta Diablo,accounting manager,; and:failure•to
report'untreated waste"spills.'The,Grand Jury has found no substantiatlon .of any of these
allegations.
FINDINGS:'
1. Delta Diablo Sanitation;District is a special district formed ,by a _oint powers agreement
by,the, County;ahe,City of,:Pittsburg;and the:City of Antioch_ao collect,:treat-anddischarge
the sanitary,wastes of the:City of Pittsburg, the City of.Antioch and the County;area
known_as Bay Point
It is'administered by a.Board of Directors having three members-.,One from the..Pittsburg
City Council, one from the Antloch:-City Council,and one from the.County.Board of
-.Supervisors. :
2 There have been,citizen complaints^to the Grand Juryalleging that•the Delta Diablo
Sanitation_District--.,
Has over-two million dollars 'missing" from an account set aside for work to be done,on
the.Ba P..oint s stem
1.4
Failed to report untreated waste spills on two occasions
Mishandled the dismissal of and subsequent,hiring as a consultant of an accounting
manager.of-the`Dlstrict.
3 An investigation_ ,by the Grand Jury could:find.no substantiation to support any':of these
allegations
RECOMMENDATIONS:
1 The Grand,Jury does not currently recommend any changes in the management and
operational:practices of Delta Diablo Sanitation.District related to'the allegations covered
in this report
COMMENTS. .
Allegations,of mismanagement of any public agency are very:serious Due to the"serlous nature
of the,public.concern.over t.his agency, the:Grand Jury pent,a significant:;amount of:dime:and
effort investigating the aforementioned allegations _In this.case;.the end result of the Grand
Jury's lengthy investigation did not conclude In substantiated:findings'of mismanagement
However, the Grand;Jury,feels the lnvestigation effort::itself resulted.in-positive`dlalogue with'and
better public,'awareness of the'operations:of the Delta Diablo'Sanitation .District 'The'Grand Jury
-continues,to encourage the public to bring forward its concerns;to the.Contra Costa County:.'._
Grand Jury.
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