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File #: 21-0253    Version: 1 Name:
Type: Resolution Status: Agenda Ready
File created: 2/11/2021 In control: County Counsel
On agenda: 2/23/2021 Final action:
Title: Discussion and Possible Action Including Adoption of Resolution Granting Chair Authority to Issue Subpoenas Regarding Documents Related to Behavioral Health Services (Sponsors: County Counsel and Health & Human Services Agency-Behavioral Health)
Sponsors: County Counsel
Attachments: 1. Resolution 21-024, 2. Resolution - OMG Subpoena

 

To:  Board of Supervisors

FromCounty Counsel Health and Human Services Agency

Meeting DateFebruary 23, 2021

 

Department Contact:  

Christian Curtis

Phone: 

234-6885

Department Contact:  

Jenine Miller

Phone: 

472-2341

 

Item Type:   Regular Agenda

 

Time Allocated for Item: 15 min.

 

 

Agenda Title:

title

Discussion and Possible Action Including Adoption of Resolution Granting Chair Authority to Issue Subpoenas Regarding Documents Related to Behavioral Health Services

(Sponsors: County Counsel and Health & Human Services Agency-Behavioral Health)

End

 

Recommended Action/Motion:

recommendation

Adopt Resolution granting chair authority to issue subpoenas regarding documents related to behavioral health services; and authorize Chair to sign same.

End

 

Previous Board/Board Committee Actions:

None.                     

 

Summary of Request

Mendocino County Behavioral Health is currently going through its regular audit process for services rendered during prior fiscal years.  As part of this process, the State of California reviews the contracts, subcontracts, invoices, and other documentation to support each charge utilizing State funds.  Based on review of internal records, however, Behavioral Health is concerned that it lacks certain documentation in that is believed to be in the sole possession of the County’s prior vendor.  That vendor, Ortner Management Group, LLC, filed papers for dissolution in June of 2020.  Behavioral Health has reached out to the principals and successors of that corporate entity to attempt to locate any remaining records, but they have failed and/or refused to respond to all requests.

 

The Board of Supervisors, pursuant to Government Code section 25170, has the legal authority to compel the production of records and witnesses via subpoena, as to any matters within its jurisdiction or to allow the inspection of any documents “relating to the affairs or interests of the county . . .”  Behavioral Health, working with County Counsel, believes that such a subpoena is needed in this instance, in order to locate and inspect those records which verify and demonstrate that the County properly expended the funds in question through is contractor.  The departments, therefore, respectfully request that the Board of Supervisors approve the attached resolution and authorize the Chair to execute such subpoenas as are deemed necessary to obtain these records and information.

 

 

Alternative Action/Motion:

Decline to adopt the Resolution.                     

 

Supervisorial District:  All

                                          

vote requirement:  Majority

                                          

 

 

Supplemental Information Available Online At: n/a

 

Fiscal Details:

source of funding: n/a

budgeted in current f/y: N/A

current f/y cost: n/a

if no, please describe:

annual recurring cost: n/a

revenue agreement: No

 budget clarification: n/a

 Agreement/Resolution/Ordinance Approved by County Counsel: Yes

 

CEO Liaison: Executive Office

 

 

CEO Review: Yes 

 

 

CEO Comments:

 

 

FOR COB USE ONLY

Executed By: Atlas Pearson, Deputy Clerk I

Final Status:Adopted

Date: February 25, 2021

Executed Item Type: Resolution   Number: 21-024