On September 16, 2016 the city of wildomar responded to the Grand Jury report of June 21, same.
The original report and the city’s response can be found at:
Recommendation 1 :
Develop policy and procedure ensuring the city complies with the “Maddy Act” by
posting all vacancies at the city clerk’s office, the public library and other designated location(s).
Response to Recommendation 1:
The City complies with all requirements of state law by posting notices of
unscheduled vacancies at the City Clerk’s office and the public library. My discussions with the Wildomar Library (aka Mission Trail Library) staff confirm that all documents provided by the City Clerk to the library staff are posted on the interior bulletin board.
Also in the city’s response is this statement:
• The City posts notices of unscheduled vacancies on the City web site.
As to the city’s response that it complies with all requirements of state law, the Grand Jury in its investigation interviewed the City Clerk and the Wildomar Library Branch Manager
Original Findings of the Grand Jury
1. Unscheduled vacancies (boards, commissions, committees) have not been posted at the public library as required by California Government Code Sections 54970-54974 also known as the “Maddy Act.” The vacancy notices have been posted only at the City Clerk’s office.
Photographic evidence shown to the Grand Jury along with records request that could not be filled by the city clerk’s office prove that prior to May of 2016 the Maddy Act List was not posted in the Wildomar Library nor was it available in the city clerk’s office.
The list is currently posted at the library, several times.
When one visits the city of wildomar website, on the city clerk’s page at the bottom under ONLINE FORMS AND INFORMATION
City Clerk Page as of 9-20-2016
One finds a Planning Commission Vacancy that was filled at a city council meeting on July 13, 2016 still listed. But, what they won’t find is the Maddy List.
The bulletin board currently being used at the Wildomar Public Library be replaced with a secure bulletin board, large enough to display the entire postings.
Response to Recommendation 2:
As this library facility is not controlled by the City but by the County, bulletin board
space for all documents has been limited. The Library staff has graciously shared this space with the City but the best practice would be to install another bulletin board exclusively for City documents.
Recent discussions with the Library staff have resulted in a plan to install a locked
bulletin board inside the library which will be accessible by the Library and City staff with document control/accountability by the City. The plan is to install this bulletin board no later than the end of October 2016.
The city’s response rings hollow as this has been one of three designated locations for the posting of city business since Resolution 08-07 was passed, approved and adopted the 1st day of July 2008. Why designate it if not available.
Installing a new bulletin board inside the library for the posting of city agenda’s also violates the Brown Act as interpreted by the Attorney General’s Office
In 78 Ops.Cal.Atty.Gen. 327, 331-332 (1995), this office concluded that the 72-hour notice requirement mandates local agencies to post their notices in locations which are accessible 24 hours a day for the 72 hours prior to the meeting. Accordingly, notices cannot be placed in buildings which are locked for some portion of the 72 hours immediately prior to the meeting.
Neither the Library or the Post Office is open 24 hours a day
If the U.S. Post Office in Wildomar is continued to be utilized a secure bulletin board of adequate size be used, otherwise, a different location be designated, such as the city website or local fire station
Response to Recommendation 3:
The City will comply with Recommendation number 3 and will install a secure
bulletin board inside the lobby area of the Post Office thereby improving public notice due to the extended hours the lobby is open. As this facility also is not controlled by the City the completion of this installation is scheduled prior to October 31, 2016.
If in fact the Post Office is not controlled by the city then how can a date certain be given without the assurance, in the form of a letter, of the Post Master for this facility be given in the city’s response.
Some people will be thinking, who cares if the library or the post office are available for posting the cities business. It is the current law and choice of the city to use these facilities to post the city’s business. Until such time as these laws are amended or the city designates other places for posting the laws need to be followed.