Mendocino County tries to portray itself as transparent. That couldn’t be farther from the truth. As someone who has continually researched and tried, for several years, to obtain detailed records from our County, this is not the case.
In the County’s Strategic Plan, created in May of 2022, under “An Effective County Government Organization,” it states “Increase transparency in government operations to build trust with employees, communities, and partners.”
The County’s budget book for the 2023-2024 budget year is 687 pages. Any line item in the budget book that you want to see the detail of, such as the number of positions and salaries in the Executive Office, requires a formal Public Records Request through the County’s Nextrequest system to see the detail of that line item. The law states that these requests must be completed within 10 days and no more than 14 days. (Or an explanation if it will take longer.)
The County spends a large amount of money yearly for outside Counsel, although it has a fully staffed County Counsel office with an Assistant County Counsel and seven Deputy County Counsels, for wrongful terminations/employee litigation. I was curious how much all of these contracts amounted to.
On June 14, 2023, I did a request (#23-435) to please provide financial information or contracts pertaining to outside attorneys contracted with the County. June 22nd the County Counsel’s office called me to set up a phone call with them for July 3rd to discuss my request. On July 3rd I spoke with County Counsel Christian Curtis and Assistant County Counsel Charlotte Scott. They said that they were going to email me some information to see if it would be sufficient in answering my request and a follow-up call was scheduled for July 21st. On July 11th I had not received any emails from them. I called again, leaving a message. On July 19th I left another message.
I did not receive any information before our call on the 21st, which I was informed would now be a zoom meeting with County Counsel Curtis, Assistant County Counsel Scott and Risk Manager Heather Correll Rose.
During this meeting I learned that the County uses its General Liability policy that has a $150,000 deductible per occurrence for these claims. The cost for this policy for 2023-24 is $3,169,900 a significant increase from previous years. 2022-23 was $2,521,700, 2021-22 was $1,899,758. 2020-21 was $1,448,682. These totals are the policy premium/cost itself and do not include deductibles. The cost of this policy is spread out among all departments, whether they have a claim or not. There were five claims open. The fact that it took 37 days and a zoom meeting with Counsel to get this information is excessive and costly.
On November 9th 2023, I submitted a request (#23-852) for the 2022-23 positions and salaries of the Executive Office. I received 15 pages of a partial year payroll report which gave no position titles or totals for salaries, just names of employees. This was undecipherable as to the actual amount that each position was making. After a phone call about the inadequate information, I received a one page report (attached) with the information I had requested. This request was completed within 11 days.
Please take note on the 2022-23 Salary report, employee #3576, there is a HealthBFit amount of $25,410.72 that seems excessive on a salary of $71,946.42. I called the Executive Office to get more information and was told they would get back to me. On February 8th I called again and inquired and was told they would get back to me. On February 13th I made a request for some other items and added this old request to it. On February 22nd I was notified that the entire request was extended to the 14-day time limit by the County Counsel’s office. I’m still waiting for the information.
On December 8, 2023 I made a request (#23-929), for the 2023-24 positions and salaries of the Executive Office, as I had done for 2022-23.
On December 14th 2023, I received a response to my request that states:
“The report that had been used to create that list, for prior years, cannot be used to create that list for the current year. Once fiscal year 2022-23 completes the closing process in our ERP system, Munis, we can run that report to get you the current information.”
I called the Executive Office on January 9th to question how their department could not run their own report and was told that they would have to run a custom report and the County Counsel does not like them to do those because it takes extra time and requires some redacting of information. I responded that it seemed absurd that this public information can continue to be withheld for over two months because of a little extra work and some redacting.
On February 22, 2024 I called our interim County Counsel James Ross. He was unavailable so I had to leave a voicemail about my concerns regarding my unfulfilled request. Since he was unavailable I called Deputy County Counsel, Mr. Matthew Kiedrowski, who has assisted me with my delayed requests in the past. He stated he would get back to me. I have not heard back from him as of this writing.
It has been two and a half months and I still do not have this information. Getting information, especially about the budget, from this County is deplorable as you can see from the excessive time and follow through it takes to get these requests.
Considering the recent events with the District Attorney, Mr. Eyster and the Auditor/Controller/Treasurer/Tax Collector, Ms. Cubbison, about reimbursements being denied and mis-use of public funds allegations, I thought it would be prudent to do a request to see if others had been denied their reimbursement requests.
On January 8th I did a request (#24-14) that states:
“Please provide documentation of all unapproved reimbursement requests submitted by all members of the Board of Supervisors and CEO/Executive Office to the Auditor/Controller/Treasurer/Tax Collector’s (and previous Auditor/Controller’s) office between January 1, 2019-present. Also, please provide ANY documentation (memos, letters, e-mails, etc.) or correspondence (memos, letters, e-mails, etc.) Including internal and outside consultation including any Attorney/Counsel related to denial of reimbursement.”
I have learned over the years that this excessive explanation is needed in a request to acquire the information you are looking for. Otherwise the response will not contain detailed information or documents.
January 18, 2024 I received this message.
“The County has received your request for documents, dated January 8, 2024. Pursuant to Government Code section 7922.535(c)(1) and (2), the County is extending the time limit established in section 7922.535(a) for fourteen (14) days. Therefore, the County shall respond to your request no later than February 1, 2024. Please feel free to call me if you have any questions.”
The same day I received this message as well:
“The County has begun its search for records responsive to your request. However, we would like to clarify what you are requesting.
“We are interpreting your request as a request for reimbursement requests that were denied. If this is not accurate, please let us know.
“Additionally, with regard to the portion of your request seeking records related to members of the CEO/Executive Office, given that the executive office has a number of clerical and support staff, can we limit your request to records related to the CEO and Deputy CEOs?”
I responded the same day:
“Hi, In response to the clarification of CEO/Executive Office staff. Yes, please include Deputy CEO's as well as Executive Office Department Heads, such as emergency services, IT, etc.”
On February 1st, I received this message:
“We have located some records that may be responsive. We will review and produce the nonexempt information within any such responsive records. To the extent there exists any ‘consultation including any Attorney/Counsel’ within any responsive records, such information and records are protected from disclosure by the attorney-client privilege and are exempt pursuant to Government Code section 7927.705.
“In addition, as you may be aware, there are 2 former Supervisors who served within the time frame of your request, from January 2019-December 2020, I am trying to determine if I can locate any responsive records through an email search, but that will take more time and coordination with IT. Additionally, I am working with EO to determine which, if any department heads were within the Executive Office in the time frame you requested and conducting that follow up as well. I anticipate providing you with a further update on this PRA on or before February 9, 2024.”
On February 9th 2024, I received several files with claims. One file contained 18 pages of documents, 15 relating to a hotel reimbursement claim Supervisor McGourty had filed related to an emergency meeting on the coast and the other 3 pages were for Supervisor Mulheren for the same reason/event. The second file contained 3 pages of a denied request from former CEO, Ms. Carmel Angelo, for a $1,109.44 laptop.
On February 19th I received these messages and a file:
“I am writing to follow up and conclude your PRA 24-14. The County has located 3 additional reimbursement requests specific to the Executive Office for the time period requested (2019-present). Please see the records released this morning reflecting 2 requests that were rejected for being shortly after the fiscal year end and one request that was rejected for not having the attachments reflecting personal payment account information I have made redactions to address the right of privacy in personal contact information, financial/credit card information and insurance policy related information. I am informed that there are no other responsive records to your PRA request. This concludes and fulfills the County’s response to your PRA.”
I received a file containing 11 pages, from 2020-21, 5 pages regarding a denial to the CEO, Ms. Antle, in the amount of $862.99 for an Electric Commuter Bicycle. The other 5 pages were for a denial to Ms. Pierce in the amount of $1,000 for Premium Reimbursement/Insurance Policy.
This request revealed that our current CEO, Ms. Antle, who had a salary for Fiscal Year 2022-23 of $184,615.51 submitted a claim for an Electric Commuter Bike in the amount of $862.99 (attached). Considering her salary, which is well above our County average, it’s concerning that she would submit such a claim. I’m glad as a taxpayer that this claim was denied as it appears that it would have been a mis-use of public funds.
This request only took 41 days, from January 8th-February 19th. I have had a request, in the past, that took 4 months.
While a request is “open” and the County is gathering the information the public cannot see what the requester is requesting. Once the documents and information have been provided it is then “closed” and it may be available for the public to see. I state “may” be able to see as some requests are “published” and some are “unpublished.” Some remain unpublished if there is sensitive or confidential information in the request, such as an arrest record or juvenile information, etc.
I discovered last year that all of my requests were being unpublished even though none of the information was sensitive or confidential. I asked the CEO, Ms. Antle, why they were not being published and was told that it is up to the individual departments to publish or unpublish. That seemed odd to me so I inquired if there was a County policy in determining that. She said she would get back to me. She never did. But since then my requests are now published and available for the public to see.
Several weeks ago I visited the Tax Collector’s office to get the Default Property tax list. I have been calling, trying to get this list since last year. This list is supposed to be printed in the local newspaper yearly before the Default Property Tax Auction. It has not been printed in the newspaper and an auction has not taken place since 2019. This list currently does not exist. Due to the computer transition, for the last several years, they cannot print this list. Our County is in a financial crisis and needs every penny it can collect. The Tax Collector’s office also related that they have not seen a Supervisor in their office in 4 years to see how the office was running, their needs, etc., even with the recent suspension/ejection of the elected department head, Ms. Cubbison. They did, however, relate that a Supervisor had been into the office recently inquiring about a private citizen’s property tax information.
These are only a few examples of the requests I have made to get more detailed information. As you can see, it’s extremely burdensome, frustrating and lacks transparency. Anyone reading this is probably less inclined to seek out information considering the back and forth and the amount of time it takes. This is public information that is being sought and should not be this difficult to acquire. One cannot help but feel that information is withheld on purpose and when we do actually get the information, is it accurate.
When you are being a watchdog of the public’s money and questioning the functioning of our County, these are the “hoops” that you have to jump through. I can’t help but wonder if other citizens’ requests are as delayed as mine.
The County needs to be more timely and forthcoming with their records to help increase transparency. The Board of Supervisors and Departments, especially the Executive Office, need to foster better communication to ensure efficient county operations and budget goals.
The County website needs a major overhaul. It is difficult to find meeting schedules, contact information for departments and when doing a search, very old information (2018) is displayed first.
The Opengov.com website is a resource for the public to access budget information about their County. Our County currently displays the County’s 2021-22 budget. I have asked about this and was told it is a software problem. This is unacceptable and should have been addressed years ago.
How can we give input and feedback to our elected officials if there is not adequate and timely information to make a recommendation or suggestion with? Our County needs all the help it can get, on many levels, and will require everyone working together to make it happen.
If anyone would like to or has done a request for information and needs help navigating the Nextrequest system, I would be happy to help.
Carrie Shattuck
Concerned Citizen
1st District Supervisor Candidate
707-489-5178
Many good points. Keep in mind, there is never transparency in any group or organization, and government is the worst, and the further away from home government is, the less transparency there is. This is one of those fundamental facts that befuddles those who have faith in government to take care of them, and look out for their interests.
Locally, as you have alluded, transparency starts with having a readable budget. A readable budget is fundamental to good governance. When was the last time someone was elected to the BOS because of a good governance platform? In my time, Bernie Norvell is the first. Talking about aspects of good governance, and effective implementation are two different things. Our current board has completely failed on this account, which is pretty obvious.
It. appears Madeline Cline has won the 1st District race. Give her a chance. There were good candidates in that race, which is unusual. There is already a bunch of nonsense being spread in this paper that she a puppet, and the Farm Bureau candidate, or grape candidate. There were three candidates in the race with Farm Bureau connections. Anyone of those three would be an improvement. Of course, it can’t get worse. Can it?
The biggest challenge for the county right now is a toxic work environment. Nothing good can be done, including having a readable budget, until this is fixed. That first requires a Board that recognize the problem, and second knows how to fix it.
Jon Kennedy was an excellent candidate vs McGourty last election in the 1st, and the FB and the Wine Mafia went for the pliable McGourty….
Maybe so. But keep in mind, Jon Kennedy had connections and support from business, and the “Wine Mafia” as well. He was a past EC of the Employers Council Of Mendocino County. Jon’s campaign was riding on his involvement with helping people who had suffered during the big fire event that hit Potter Valley, and Redwood Valley.
What was the AVA’s reason for endorsing Kennedy? “Hey Jon really knows how to bring good governance to our county government”. I don’t think so.
Carrie, you make valid points regarding the public record act requests. The Executive Office administers the system and has oversight for all PA requests – perhaps the current CEO is unaware of that responsibility, much like she publicly acknowledged she is unaware of the differences between Clerk of the Board and CEO duties and responsibilities (it’s interesting to note that she has been in her position for two years and worked for the County for seven, but is confused?)… the burdensome process to receive public records is unnecessary and does raise question as to why… is it purposeful? Particularly when asking about EO salaries – just take a look at 2017 salaries compared to current in the EO and ask how this happened, who allowed it, what results are being delivered with this staffing level? The follow-up comment regarding the toxic environment couldn’t be more true. There has never been a time in the County’s history when the level of toxicity has been so high. It’s time for change – and it’s time for leadership that considers the needs of the citizens and not the elitist mentality of the Board and CEO.