Amador County Grand Jury
2008-2009
Additional Recommendations
28
Not linked to specific findings.
R1:
Twenty-five (25) individuals were interviewed, pursuant to subpoenas. One witness testified two times, on two different dates. Each time, this witness was summoned by subpoena, placed under oath, and admonished after testimony was concluded.
R2:
The individuals interviewed are either current or former members of the following organizations. a. The Jackson Valley Fire Protection District b. The American Legion Ambulance Service c. The Ione Fire Department. d. The Jackson Valley Board of Directors e. Cal Fire
R3:
Of the witnesses, 40% stated that they observed the JVFPD Chief under the influence of alcohol while; responding to calls, at the scene of Jackson Valley Fire, or on mutual aid calls. The witnesses who observed this were able to describe the objective signs and symptoms of a person being under the influence of alcohol.
R4:
Of the remaining 60% of the witnesses, 38% testified that they had been informed about the JVFPD Chief being under the influence of alcohol while on a scene, but had not observed it first-hand.
R5:
Two witnesses testified that they had been threatened by the JVFPD Chief. The first witness was threatened when he confronted the JVFPD Chief about the issue of consuming alcohol on the job. During this confrontation, the witness was told that he would lose his position as a firefighter, and would not be able to work in that capacity again, if the subject was pursued further. The second witness, an Ione Firefighter, was threatened after making a complaint to law enforcement about the JVFPD Chief driving while under the influence of alcohol.
R6:
'It was found that two persons were subject to section 3060 of the Government Code. (See below definition of Government Code $3060). These individuals being the Fire Chief of JVFPD and the Chairperson for the JVBD. These individuals are subject to Government Code sections, $13872, $13873, and Humbert v. Castro Valley Fire Protection District (1963).
R7:
There has been no valid Operations and Procedures Policy in place for the JVF'PD since at least 1992.
R8:
There is no approved or documented training program in place for the JVFPD.
R9:
The JVBD is in violation of the Brown Act. The JVBD has not been trained in the Brown Act (California Law, n.d.).
R10:
The JVBD took no action after receiving a complaint concerning the consumption of alcohol by the individual in question while on calls.
R11:
Neighboring emergency service departments took no action after receiving complaints concerning the consumption of alcohol, while on calls, by the JVFPD Chief. These departments include the Ione Fire Department, Cal Fire, and American Legion Ambulance Service.
R12:
The following witnesses gave false, misleading, or inconsistent testimony: a. Chief, Jackson Valley Fire Protection District b. Assistant Fire Chief, Jackson Valley Protection District c. Chief, Ione Fire Department d. Operations Manager, American Legion Ambulance e. Captain, City of Ione Fire Department f. Chairperson, Jackson Valley Board of Directors
R13:
Testimony was that the Chief of the Ione Fire Department asked the JVFPD Chief to leave the scene of a structure fire, due to his apparent intoxication. His intoxication made the JVFPD Chief more of a detriment than an asset and was cause for concern for the safety of the other firefighters.
R14:
Testimony was that the Chief of the JVFPD was placed in the back of a patrol car at the scene of a fire call, for unknown reasons, approximately nine years ago. At the time, it was assumed that this was due to the JVFPD Chief being under the influence of alcohol.
R15:
Testimony also revealed that the JVFPD Chief violated the admonition given him by the Amador County Grand Jury. He openly and defiantly discussed his testimony and tried to ascertain the testimony of others.
R16:
Testimony was that the JVFPD Chief, subsequent to the hearing, has approached neighboring agencies with a request that the Ione Fire Department discontinue mutual aid within the JVFPD. This would place citizens within the Jackson Valley Fire Protection District at risk. This request by the JVFPD Chief has the testimony given before the Amador County Grand Jury.
R17:
On at least one occasion, witnesses observed the JVFPD Chief's level of intoxication and requested that he stop providing medical aid to an accident victim. Further, the witness stated that the level of intoxication placed the victim at risk. Government Code: $3060. An accusation in writing against any officer of a district, county, or city, including any member of the governing board or personnel commission of a school district or any humane officer, for willful or corrupt misconduct in office, may be presented by the grand jury of the county for or in which the officer accused is elected or appointed. An accusation may not be presented without the concurrence of at least 12 grand jurors, or at least eight grand jurors in a county in which the required number of members of the grand jury is 11 (California Law, n.d.). California Penal Code: $ 118. (a) Every person who, having taken an oath that he or she will testify, declare, depose, or certify truly before any competent tribunal, officer, or person, in any of the cases in which the oath may by law of the State of California be administered, willfully and contrary to the oath, states as true any material matter which he or she knows to be false, and every person who testifies, declares, deposes, or certifies under penalty of perjury in any of the cases in which the testimony, declarations, depositions, or certification is permitted by law of the State of California under penalty of perjury and willfully states as true any material matter which he or she knows to be false, is guilty of perjury. This subdivision is applicable whether the statement, or the testimony, declaration, deposition, or certification is made or subscribed within or without the State of California. (b) No peison shall be convicted of perjury where proof of falsity rests solely upon contradiction by testimony of a single person other than the defendant. Proof of falsity may be established by direct or indirect evidence (California Law, n.d.).
R18:
Inmates are able to shower daily, but due to the waste water problem they are required to keep shower time to a minimum.
R19:
PIA, a state agency, operates a coffee roasting plant, meat cutting. and processing plant, a laundry facility, and clothing manufacturing. The meat and coffee are sold to tax-supported agencies. The clothing that is manufactured is used within the state of California by all prison inmates.
R20:
Visitation is permitted on Saturdays and Sundays for all eligible inmates. Some low level inmates are also allowed visits on Fridays, provided they are discipline-free for three months. In addition to regular visiting hours, visiting is conducted on New Year's Day, Fourth of July, Labor Day, Thanksgiving, and Christmas. Administrative Segregation Unit inmates are limited to 1-hour visits, due to space available.
R21:
There are 4 telephones per cell block, to which inmates have access. Outgoing calls are collect calls. All calls are monitored and recorded.
R22:
All mail, both outgoing and incoming, is screened for drugs and possible threats to both the staff and the general inmate population.
R23:
In the past 12 months, ten stabbings have occurred by inmates to inmates at MCSP. Staff members considered the stabbings to be minor.
R24:
At MCSP, all personnel are responsible for the safety of the staff and inmate population. Safety meetings are conducted on a monthly basis and include both alarm response and disturbance control. In the event additional staff is needed, there is a plan in place for off duty staff call back, which allows a 30-minute response time to provide additional backup.
R25:
MCSP is accredited through the Western Association of Schools and Colleges. Programs are available to qualified inmates for both academic and vocational needs. In addition, support programs are available for recreational reading and access to legal materials.
R26:
Counseling is available 24-7 for all staff. Staff is allowed seven visits per incident, with additional visits as required. The staff has a strong peer support system. Every two years, female guards are moved to different yards to avoid problems with inmates.
R27:
The dry cleaning facility at MCSP caused the contamination of the local water wells and has been shutdown. Of the total number of local owners of the contaminated water wells, 'all but two have taken advantage of state repair funds. The city of Ione has taken the lead in resolving the water issue, and the prison has made temporary adjustments to correct the problem, such as flow meters on the toilets. In addition, the dry cleaning facility, which was the source of the problem, has been removed. Wastewater is kept at a minimum.
R28:
A document from the Fire Chief, dated March 12, 2009, stated there are no FireILife Safety discrepancies requiring any immediate attention at MCSP. Findinps:
Findings & Recommendations
13 findings
F1:
The JVFPD Chief consistently attempted to perform his duties while impaired under the influence of alcohol. By doing this, he posed a risk to the public. 2. 78% of witnesses were aware of the JVFPD Chief being under the influence of alcohol while attempting to perform his duties. The knowledge of the JVFPD Chief being intoxicated while on scenes was widespread.
F2:
The Chairman of the Jackson Valley Board of Directors be removed from office, pursuant to Government Code 3060 (Facts 6 & 9 and Findings 2,4,5, & 9).
F3:
The Fire Chief for the City of Ione, the Chairperson for the JVBD, a Battalion Chief for Cal Fire, and a Supervisor for the American Legion Ambulance had the knowledge, and the power, to correct this issue and preserve the public safety. It was determined that they turned their back on their responsibility to the safety of the public. The individuals without the immediate power to correct the problem were the ones who eventually brought the problem to the attention of the Amador County Grand Jury. It was found, through testimony, that the individuals who brought this problem to the attention of the Amador County Grand Jury had previously advised their superiors of the issue.
F4:
Neither proper training, nor Policy and Procedures Manuals for the firefighters at the JVFPD have been implemented. This is the responsibility of the JVFPD Chief and the JVBD. It was also found that, though a previous Amador County Grand Jury investigation brought this to light, the problem continued to be ignored.
F5:
Members of the JVBD violated the Brown Act (California Law, n.d.).
F6:
The Chief of the JVFPD gave false testimony to the Amador County Grand Jury.
F7:
The JVFPD Chief remained on calls after concerns for his level of intoxication had been established. In an attempt to minimize his impact on the scene, the JVFPD Chief was placed in a peripheral job or area and allowed to stay on site.
F8:
There is noPpolicy and Procedures Manual in place for the JVFPD. This leaves the firefighters with no direction or guidelines.
F9:
The JVBD had discussed the issue at hand while not in session and in violation of the Brown Act (California Law, n.d.).
F10:
The JVFPD Chief obtained the Ione City Fire Department Policy and Procedure Manual, subsequent to the request for production by the Amador County Grand Jury. He then presented it to the Amador County Grand Jury as the manual for the JVFPD. This manual had not been adopted by the JVBD, nor had it been adopted by the JVFPD.
F11:
The JVFPD Chief is in contempt of court, due to his actions in defiance of the admonitions given to him by the Amador County Grand Jury.
F12:
There is no procedure for the vetting, and subsequent appointment, of the applicants for the positions on the JVBD by the Amador County Board of Supervisors.
F13:
There was information received that the JVFPD Chief had not maintained a valid California Driver License. Through testimony, it was determined that there was no mechanism in place to ensure that individuals driving JVFPD equipment were legally entitled to do so. The Grand Jury notes that driving without a valid California Driver License is a misdemeanor pursuant to section 12500(a) of the California Vehicle Code.
Additional Recommendations
17
Not linked to specific findings.
R1:
Twenty-five (25) individuals were interviewed, pursuant to subpoenas. One witness testified two times, on two different dates. Each time, this witness was summoned by subpoena, placed under oath, and admonished after testimony was concluded.
R2:
The individuals interviewed are either current or former members of the following organizations. a. The Jackson Valley Fire Protection District b. The American Legion Ambulance Service c. The Ione Fire Department. d. The Jackson Valley Board of Directors e. Cal Fire
R3:
Of the witnesses, 40% stated that they observed the JVFPD Chief under the influence of alcohol while; responding to calls, at the scene of Jackson Valley Fire, or on mutual aid calls. The witnesses who observed this were able to describe the objective signs and symptoms of a person being under the influence of alcohol.
R4:
Of the remaining 60% of the witnesses, 38% testified that they had been informed about the JVFPD Chief being under the influence of alcohol while on a scene, but had not observed it first-hand.
R5:
Two witnesses testified that they had been threatened by the JVFPD Chief. The first witness was threatened when he confronted the JVFPD Chief about the issue of consuming alcohol on the job. During this confrontation, the witness was told that he would lose his position as a firefighter, and would not be able to work in that capacity again, if the subject was pursued further. The second witness, an Ione Firefighter, was threatened after making a complaint to law enforcement about the JVFPD Chief driving while under the influence of alcohol.
R6:
'It was found that two persons were subject to section 3060 of the Government Code. (See below definition of Government Code $3060). These individuals being the Fire Chief of JVFPD and the Chairperson for the JVBD. These individuals are subject to Government Code sections, $13872, $13873, and Humbert v. Castro Valley Fire Protection District (1963).
R7:
There has been no valid Operations and Procedures Policy in place for the JVF'PD since at least 1992.
R8:
There is no approved or documented training program in place for the JVFPD.
R9:
The JVBD is in violation of the Brown Act. The JVBD has not been trained in the Brown Act (California Law, n.d.).
R10:
The JVBD took no action after receiving a complaint concerning the consumption of alcohol by the individual in question while on calls.
R11:
Neighboring emergency service departments took no action after receiving complaints concerning the consumption of alcohol, while on calls, by the JVFPD Chief. These departments include the Ione Fire Department, Cal Fire, and American Legion Ambulance Service.
R12:
The following witnesses gave false, misleading, or inconsistent testimony: a. Chief, Jackson Valley Fire Protection District b. Assistant Fire Chief, Jackson Valley Protection District c. Chief, Ione Fire Department d. Operations Manager, American Legion Ambulance e. Captain, City of Ione Fire Department f. Chairperson, Jackson Valley Board of Directors
R13:
Testimony was that the Chief of the Ione Fire Department asked the JVFPD Chief to leave the scene of a structure fire, due to his apparent intoxication. His intoxication made the JVFPD Chief more of a detriment than an asset and was cause for concern for the safety of the other firefighters.
R14:
Testimony was that the Chief of the JVFPD was placed in the back of a patrol car at the scene of a fire call, for unknown reasons, approximately nine years ago. At the time, it was assumed that this was due to the JVFPD Chief being under the influence of alcohol.
R15:
Testimony also revealed that the JVFPD Chief violated the admonition given him by the Amador County Grand Jury. He openly and defiantly discussed his testimony and tried to ascertain the testimony of others.
R16:
Testimony was that the JVFPD Chief, subsequent to the hearing, has approached neighboring agencies with a request that the Ione Fire Department discontinue mutual aid within the JVFPD. This would place citizens within the Jackson Valley Fire Protection District at risk. This request by the JVFPD Chief has the testimony given before the Amador County Grand Jury.
R17:
On at least one occasion, witnesses observed the JVFPD Chief's level of intoxication and requested that he stop providing medical aid to an accident victim. Further, the witness stated that the level of intoxication placed the victim at risk. Government Code: $3060. An accusation in writing against any officer of a district, county, or city, including any member of the governing board or personnel commission of a school district or any humane officer, for willful or corrupt misconduct in office, may be presented by the grand jury of the county for or in which the officer accused is elected or appointed. An accusation may not be presented without the concurrence of at least 12 grand jurors, or at least eight grand jurors in a county in which the required number of members of the grand jury is 11 (California Law, n.d.). California Penal Code: $ 118. (a) Every person who, having taken an oath that he or she will testify, declare, depose, or certify truly before any competent tribunal, officer, or person, in any of the cases in which the oath may by law of the State of California be administered, willfully and contrary to the oath, states as true any material matter which he or she knows to be false, and every person who testifies, declares, deposes, or certifies under penalty of perjury in any of the cases in which the testimony, declarations, depositions, or certification is permitted by law of the State of California under penalty of perjury and willfully states as true any material matter which he or she knows to be false, is guilty of perjury. This subdivision is applicable whether the statement, or the testimony, declaration, deposition, or certification is made or subscribed within or without the State of California. (b) No peison shall be convicted of perjury where proof of falsity rests solely upon contradiction by testimony of a single person other than the defendant. Proof of falsity may be established by direct or indirect evidence (California Law, n.d.).
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Additional Recommendations
28
Not linked to specific findings.
R1:
Twenty-five (25) individuals were interviewed, pursuant to subpoenas. One witness testified two times, on two different dates. Each time, this witness was summoned by subpoena, placed under oath, and admonished after testimony was concluded.
R2:
The individuals interviewed are either current or former members of the following organizations. a. The Jackson Valley Fire Protection District b. The American Legion Ambulance Service c. The Ione Fire Department. d. The Jackson Valley Board of Directors e. Cal Fire
R3:
Of the witnesses, 40% stated that they observed the JVFPD Chief under the influence of alcohol while; responding to calls, at the scene of Jackson Valley Fire, or on mutual aid calls. The witnesses who observed this were able to describe the objective signs and symptoms of a person being under the influence of alcohol.
R4:
Of the remaining 60% of the witnesses, 38% testified that they had been informed about the JVFPD Chief being under the influence of alcohol while on a scene, but had not observed it first-hand.
R5:
Two witnesses testified that they had been threatened by the JVFPD Chief. The first witness was threatened when he confronted the JVFPD Chief about the issue of consuming alcohol on the job. During this confrontation, the witness was told that he would lose his position as a firefighter, and would not be able to work in that capacity again, if the subject was pursued further. The second witness, an Ione Firefighter, was threatened after making a complaint to law enforcement about the JVFPD Chief driving while under the influence of alcohol.
R6:
'It was found that two persons were subject to section 3060 of the Government Code. (See below definition of Government Code $3060). These individuals being the Fire Chief of JVFPD and the Chairperson for the JVBD. These individuals are subject to Government Code sections, $13872, $13873, and Humbert v. Castro Valley Fire Protection District (1963).
R7:
There has been no valid Operations and Procedures Policy in place for the JVF'PD since at least 1992.
R8:
There is no approved or documented training program in place for the JVFPD.
R9:
The JVBD is in violation of the Brown Act. The JVBD has not been trained in the Brown Act (California Law, n.d.).
R10:
The JVBD took no action after receiving a complaint concerning the consumption of alcohol by the individual in question while on calls.
R11:
Neighboring emergency service departments took no action after receiving complaints concerning the consumption of alcohol, while on calls, by the JVFPD Chief. These departments include the Ione Fire Department, Cal Fire, and American Legion Ambulance Service.
R12:
The following witnesses gave false, misleading, or inconsistent testimony: a. Chief, Jackson Valley Fire Protection District b. Assistant Fire Chief, Jackson Valley Protection District c. Chief, Ione Fire Department d. Operations Manager, American Legion Ambulance e. Captain, City of Ione Fire Department f. Chairperson, Jackson Valley Board of Directors
R13:
Testimony was that the Chief of the Ione Fire Department asked the JVFPD Chief to leave the scene of a structure fire, due to his apparent intoxication. His intoxication made the JVFPD Chief more of a detriment than an asset and was cause for concern for the safety of the other firefighters.
R14:
Testimony was that the Chief of the JVFPD was placed in the back of a patrol car at the scene of a fire call, for unknown reasons, approximately nine years ago. At the time, it was assumed that this was due to the JVFPD Chief being under the influence of alcohol.
R15:
Testimony also revealed that the JVFPD Chief violated the admonition given him by the Amador County Grand Jury. He openly and defiantly discussed his testimony and tried to ascertain the testimony of others.
R16:
Testimony was that the JVFPD Chief, subsequent to the hearing, has approached neighboring agencies with a request that the Ione Fire Department discontinue mutual aid within the JVFPD. This would place citizens within the Jackson Valley Fire Protection District at risk. This request by the JVFPD Chief has the testimony given before the Amador County Grand Jury.
R17:
On at least one occasion, witnesses observed the JVFPD Chief's level of intoxication and requested that he stop providing medical aid to an accident victim. Further, the witness stated that the level of intoxication placed the victim at risk. Government Code: $3060. An accusation in writing against any officer of a district, county, or city, including any member of the governing board or personnel commission of a school district or any humane officer, for willful or corrupt misconduct in office, may be presented by the grand jury of the county for or in which the officer accused is elected or appointed. An accusation may not be presented without the concurrence of at least 12 grand jurors, or at least eight grand jurors in a county in which the required number of members of the grand jury is 11 (California Law, n.d.). California Penal Code: $ 118. (a) Every person who, having taken an oath that he or she will testify, declare, depose, or certify truly before any competent tribunal, officer, or person, in any of the cases in which the oath may by law of the State of California be administered, willfully and contrary to the oath, states as true any material matter which he or she knows to be false, and every person who testifies, declares, deposes, or certifies under penalty of perjury in any of the cases in which the testimony, declarations, depositions, or certification is permitted by law of the State of California under penalty of perjury and willfully states as true any material matter which he or she knows to be false, is guilty of perjury. This subdivision is applicable whether the statement, or the testimony, declaration, deposition, or certification is made or subscribed within or without the State of California. (b) No peison shall be convicted of perjury where proof of falsity rests solely upon contradiction by testimony of a single person other than the defendant. Proof of falsity may be established by direct or indirect evidence (California Law, n.d.).
R18:
Inmates are able to shower daily, but due to the waste water problem they are required to keep shower time to a minimum.
R19:
PIA, a state agency, operates a coffee roasting plant, meat cutting. and processing plant, a laundry facility, and clothing manufacturing. The meat and coffee are sold to tax-supported agencies. The clothing that is manufactured is used within the state of California by all prison inmates.
R20:
Visitation is permitted on Saturdays and Sundays for all eligible inmates. Some low level inmates are also allowed visits on Fridays, provided they are discipline-free for three months. In addition to regular visiting hours, visiting is conducted on New Year's Day, Fourth of July, Labor Day, Thanksgiving, and Christmas. Administrative Segregation Unit inmates are limited to 1-hour visits, due to space available.
R21:
There are 4 telephones per cell block, to which inmates have access. Outgoing calls are collect calls. All calls are monitored and recorded.
R22:
All mail, both outgoing and incoming, is screened for drugs and possible threats to both the staff and the general inmate population.
R23:
In the past 12 months, ten stabbings have occurred by inmates to inmates at MCSP. Staff members considered the stabbings to be minor.
R24:
At MCSP, all personnel are responsible for the safety of the staff and inmate population. Safety meetings are conducted on a monthly basis and include both alarm response and disturbance control. In the event additional staff is needed, there is a plan in place for off duty staff call back, which allows a 30-minute response time to provide additional backup.
R25:
MCSP is accredited through the Western Association of Schools and Colleges. Programs are available to qualified inmates for both academic and vocational needs. In addition, support programs are available for recreational reading and access to legal materials.
R26:
Counseling is available 24-7 for all staff. Staff is allowed seven visits per incident, with additional visits as required. The staff has a strong peer support system. Every two years, female guards are moved to different yards to avoid problems with inmates.
R27:
The dry cleaning facility at MCSP caused the contamination of the local water wells and has been shutdown. Of the total number of local owners of the contaminated water wells, 'all but two have taken advantage of state repair funds. The city of Ione has taken the lead in resolving the water issue, and the prison has made temporary adjustments to correct the problem, such as flow meters on the toilets. In addition, the dry cleaning facility, which was the source of the problem, has been removed. Wastewater is kept at a minimum.
R28:
A document from the Fire Chief, dated March 12, 2009, stated there are no FireILife Safety discrepancies requiring any immediate attention at MCSP. Findinps:
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Additional Recommendations
28
Not linked to specific findings.
R1:
Twenty-five (25) individuals were interviewed, pursuant to subpoenas. One witness testified two times, on two different dates. Each time, this witness was summoned by subpoena, placed under oath, and admonished after testimony was concluded.
R2:
The individuals interviewed are either current or former members of the following organizations. a. The Jackson Valley Fire Protection District b. The American Legion Ambulance Service c. The Ione Fire Department. d. The Jackson Valley Board of Directors e. Cal Fire
R3:
Of the witnesses, 40% stated that they observed the JVFPD Chief under the influence of alcohol while; responding to calls, at the scene of Jackson Valley Fire, or on mutual aid calls. The witnesses who observed this were able to describe the objective signs and symptoms of a person being under the influence of alcohol.
R4:
Of the remaining 60% of the witnesses, 38% testified that they had been informed about the JVFPD Chief being under the influence of alcohol while on a scene, but had not observed it first-hand.
R5:
Two witnesses testified that they had been threatened by the JVFPD Chief. The first witness was threatened when he confronted the JVFPD Chief about the issue of consuming alcohol on the job. During this confrontation, the witness was told that he would lose his position as a firefighter, and would not be able to work in that capacity again, if the subject was pursued further. The second witness, an Ione Firefighter, was threatened after making a complaint to law enforcement about the JVFPD Chief driving while under the influence of alcohol.
R6:
'It was found that two persons were subject to section 3060 of the Government Code. (See below definition of Government Code $3060). These individuals being the Fire Chief of JVFPD and the Chairperson for the JVBD. These individuals are subject to Government Code sections, $13872, $13873, and Humbert v. Castro Valley Fire Protection District (1963).
R7:
There has been no valid Operations and Procedures Policy in place for the JVF'PD since at least 1992.
R8:
There is no approved or documented training program in place for the JVFPD.
R9:
The JVBD is in violation of the Brown Act. The JVBD has not been trained in the Brown Act (California Law, n.d.).
R10:
The JVBD took no action after receiving a complaint concerning the consumption of alcohol by the individual in question while on calls.
R11:
Neighboring emergency service departments took no action after receiving complaints concerning the consumption of alcohol, while on calls, by the JVFPD Chief. These departments include the Ione Fire Department, Cal Fire, and American Legion Ambulance Service.
R12:
The following witnesses gave false, misleading, or inconsistent testimony: a. Chief, Jackson Valley Fire Protection District b. Assistant Fire Chief, Jackson Valley Protection District c. Chief, Ione Fire Department d. Operations Manager, American Legion Ambulance e. Captain, City of Ione Fire Department f. Chairperson, Jackson Valley Board of Directors
R13:
Testimony was that the Chief of the Ione Fire Department asked the JVFPD Chief to leave the scene of a structure fire, due to his apparent intoxication. His intoxication made the JVFPD Chief more of a detriment than an asset and was cause for concern for the safety of the other firefighters.
R14:
Testimony was that the Chief of the JVFPD was placed in the back of a patrol car at the scene of a fire call, for unknown reasons, approximately nine years ago. At the time, it was assumed that this was due to the JVFPD Chief being under the influence of alcohol.
R15:
Testimony also revealed that the JVFPD Chief violated the admonition given him by the Amador County Grand Jury. He openly and defiantly discussed his testimony and tried to ascertain the testimony of others.
R16:
Testimony was that the JVFPD Chief, subsequent to the hearing, has approached neighboring agencies with a request that the Ione Fire Department discontinue mutual aid within the JVFPD. This would place citizens within the Jackson Valley Fire Protection District at risk. This request by the JVFPD Chief has the testimony given before the Amador County Grand Jury.
R17:
On at least one occasion, witnesses observed the JVFPD Chief's level of intoxication and requested that he stop providing medical aid to an accident victim. Further, the witness stated that the level of intoxication placed the victim at risk. Government Code: $3060. An accusation in writing against any officer of a district, county, or city, including any member of the governing board or personnel commission of a school district or any humane officer, for willful or corrupt misconduct in office, may be presented by the grand jury of the county for or in which the officer accused is elected or appointed. An accusation may not be presented without the concurrence of at least 12 grand jurors, or at least eight grand jurors in a county in which the required number of members of the grand jury is 11 (California Law, n.d.). California Penal Code: $ 118. (a) Every person who, having taken an oath that he or she will testify, declare, depose, or certify truly before any competent tribunal, officer, or person, in any of the cases in which the oath may by law of the State of California be administered, willfully and contrary to the oath, states as true any material matter which he or she knows to be false, and every person who testifies, declares, deposes, or certifies under penalty of perjury in any of the cases in which the testimony, declarations, depositions, or certification is permitted by law of the State of California under penalty of perjury and willfully states as true any material matter which he or she knows to be false, is guilty of perjury. This subdivision is applicable whether the statement, or the testimony, declaration, deposition, or certification is made or subscribed within or without the State of California. (b) No peison shall be convicted of perjury where proof of falsity rests solely upon contradiction by testimony of a single person other than the defendant. Proof of falsity may be established by direct or indirect evidence (California Law, n.d.).
R18:
Inmates are able to shower daily, but due to the waste water problem they are required to keep shower time to a minimum.
R19:
PIA, a state agency, operates a coffee roasting plant, meat cutting. and processing plant, a laundry facility, and clothing manufacturing. The meat and coffee are sold to tax-supported agencies. The clothing that is manufactured is used within the state of California by all prison inmates.
R20:
Visitation is permitted on Saturdays and Sundays for all eligible inmates. Some low level inmates are also allowed visits on Fridays, provided they are discipline-free for three months. In addition to regular visiting hours, visiting is conducted on New Year's Day, Fourth of July, Labor Day, Thanksgiving, and Christmas. Administrative Segregation Unit inmates are limited to 1-hour visits, due to space available.
R21:
There are 4 telephones per cell block, to which inmates have access. Outgoing calls are collect calls. All calls are monitored and recorded.
R22:
All mail, both outgoing and incoming, is screened for drugs and possible threats to both the staff and the general inmate population.
R23:
In the past 12 months, ten stabbings have occurred by inmates to inmates at MCSP. Staff members considered the stabbings to be minor.
R24:
At MCSP, all personnel are responsible for the safety of the staff and inmate population. Safety meetings are conducted on a monthly basis and include both alarm response and disturbance control. In the event additional staff is needed, there is a plan in place for off duty staff call back, which allows a 30-minute response time to provide additional backup.
R25:
MCSP is accredited through the Western Association of Schools and Colleges. Programs are available to qualified inmates for both academic and vocational needs. In addition, support programs are available for recreational reading and access to legal materials.
R26:
Counseling is available 24-7 for all staff. Staff is allowed seven visits per incident, with additional visits as required. The staff has a strong peer support system. Every two years, female guards are moved to different yards to avoid problems with inmates.
R27:
The dry cleaning facility at MCSP caused the contamination of the local water wells and has been shutdown. Of the total number of local owners of the contaminated water wells, 'all but two have taken advantage of state repair funds. The city of Ione has taken the lead in resolving the water issue, and the prison has made temporary adjustments to correct the problem, such as flow meters on the toilets. In addition, the dry cleaning facility, which was the source of the problem, has been removed. Wastewater is kept at a minimum.
R28:
A document from the Fire Chief, dated March 12, 2009, stated there are no FireILife Safety discrepancies requiring any immediate attention at MCSP. Findinps:
Findings & Recommendations
15 findings
F1:
Anyone wanting to burn must contact the AAD for appropriate burn permits or information.
F2:
The AAD has no money for advertising their services.
F3:
They are limited in their ability to improve vehicle pollution.
F4:
They are limited in their number of staff, regardless of any increases in responsibilities.
F5:
All disputes with fines can be brought to the attention of the Air Pollution Control Officer for discussion.
F6:
AAD welcomes public input regarding any agency improvements.
F7:
The Chief Building Official is in charge of staff, code enforcement officers, and any complaints.
F8:
The Chief Building Officer is hired by the Amador County Board of Supervisors. This position is under the direction of the County Administrator and Assistant Deputy Chief Administrative Officer.
F9:
Qualifications for the position of Chief Building Officer include job experience and a certification in building mechanics.
F10:
There are three levels of field Inspectors: Level I, Level 11, and Level III.
F11:
The Inspector III receives inspection requests.
F12:
The ACBD budget is $814,870.00.
F13:
All collected fees are sent to the Amdor County Assessor's Office.
F14:
There is a handout available at the front desk of the ACBD with all of the published fees.
F15:
Each inspector uses a standardized checklist when performing inspections.
Additional Recommendations
12
Not linked to specific findings.
R1:
Provide a more specific fee schedule (Fact 10).
R2:
According to the ACPD Director, the Amador County Building Department takes the greatest amount of time in the plan approval process.
R3:
In conjunction with the workload of the ACPD, there is an undetermined amount of time that is dedicated to the Plan Check process. This varies according to the volume and complexity of plans being reviewed. After completion, the application is routed to different departments; Public Utility, Fire, Cal Trans, etc. A staff review is done, followed by a technical review, which makes note of proposed conditions, gives project change recommendations, and provides an environmental review.
R4:
For general plan or zone variances, the ACPD only makes recommendations to the Amador County Planning Commission.
R5:
Anyone wishing to appeal the Amador County Commission's decision may do so by submitting a letter of appeal, along with the appropriate appeal fee, to the Clerk of the Board of Supervisors. The board gives a final decision. I € that decision is not satisfactory to the general public it must be challenged in Civil Court.
R6:
The ACPD Director originally started as the ACPD Clerk, and consistently moved up within the department throughout each planner position.
R7:
Planner I is an entry level position. Two years experience as a Planner I is required to be promoted to a Planner II position
R8:
The Planner I1 position is a journeyman job. Many years of job experience are required to fully understand the many aspects of the job. The normal progression within the ACPD is two years as a Planner I, and two years as a Planner 11.
R9:
The Planner 111 position is a lead position.
R10:
There is no Assistant Director position in the ACPD.
R11:
There are no specific certifications required to perform the ACPD positions, although there are certifications available.
R12:
The ACPD has a website, but it lacks definitive information. Recommendations:
Additional Recommendations
28
Not linked to specific findings.
R1:
Twenty-five (25) individuals were interviewed, pursuant to subpoenas. One witness testified two times, on two different dates. Each time, this witness was summoned by subpoena, placed under oath, and admonished after testimony was concluded.
R2:
The individuals interviewed are either current or former members of the following organizations. a. The Jackson Valley Fire Protection District b. The American Legion Ambulance Service c. The Ione Fire Department. d. The Jackson Valley Board of Directors e. Cal Fire
R3:
Of the witnesses, 40% stated that they observed the JVFPD Chief under the influence of alcohol while; responding to calls, at the scene of Jackson Valley Fire, or on mutual aid calls. The witnesses who observed this were able to describe the objective signs and symptoms of a person being under the influence of alcohol.
R4:
Of the remaining 60% of the witnesses, 38% testified that they had been informed about the JVFPD Chief being under the influence of alcohol while on a scene, but had not observed it first-hand.
R5:
Two witnesses testified that they had been threatened by the JVFPD Chief. The first witness was threatened when he confronted the JVFPD Chief about the issue of consuming alcohol on the job. During this confrontation, the witness was told that he would lose his position as a firefighter, and would not be able to work in that capacity again, if the subject was pursued further. The second witness, an Ione Firefighter, was threatened after making a complaint to law enforcement about the JVFPD Chief driving while under the influence of alcohol.
R6:
'It was found that two persons were subject to section 3060 of the Government Code. (See below definition of Government Code $3060). These individuals being the Fire Chief of JVFPD and the Chairperson for the JVBD. These individuals are subject to Government Code sections, $13872, $13873, and Humbert v. Castro Valley Fire Protection District (1963).
R7:
There has been no valid Operations and Procedures Policy in place for the JVF'PD since at least 1992.
R8:
There is no approved or documented training program in place for the JVFPD.
R9:
The JVBD is in violation of the Brown Act. The JVBD has not been trained in the Brown Act (California Law, n.d.).
R10:
The JVBD took no action after receiving a complaint concerning the consumption of alcohol by the individual in question while on calls.
R11:
Neighboring emergency service departments took no action after receiving complaints concerning the consumption of alcohol, while on calls, by the JVFPD Chief. These departments include the Ione Fire Department, Cal Fire, and American Legion Ambulance Service.
R12:
The following witnesses gave false, misleading, or inconsistent testimony: a. Chief, Jackson Valley Fire Protection District b. Assistant Fire Chief, Jackson Valley Protection District c. Chief, Ione Fire Department d. Operations Manager, American Legion Ambulance e. Captain, City of Ione Fire Department f. Chairperson, Jackson Valley Board of Directors
R13:
Testimony was that the Chief of the Ione Fire Department asked the JVFPD Chief to leave the scene of a structure fire, due to his apparent intoxication. His intoxication made the JVFPD Chief more of a detriment than an asset and was cause for concern for the safety of the other firefighters.
R14:
Testimony was that the Chief of the JVFPD was placed in the back of a patrol car at the scene of a fire call, for unknown reasons, approximately nine years ago. At the time, it was assumed that this was due to the JVFPD Chief being under the influence of alcohol.
R15:
Testimony also revealed that the JVFPD Chief violated the admonition given him by the Amador County Grand Jury. He openly and defiantly discussed his testimony and tried to ascertain the testimony of others.
R16:
Testimony was that the JVFPD Chief, subsequent to the hearing, has approached neighboring agencies with a request that the Ione Fire Department discontinue mutual aid within the JVFPD. This would place citizens within the Jackson Valley Fire Protection District at risk. This request by the JVFPD Chief has the testimony given before the Amador County Grand Jury.
R17:
On at least one occasion, witnesses observed the JVFPD Chief's level of intoxication and requested that he stop providing medical aid to an accident victim. Further, the witness stated that the level of intoxication placed the victim at risk. Government Code: $3060. An accusation in writing against any officer of a district, county, or city, including any member of the governing board or personnel commission of a school district or any humane officer, for willful or corrupt misconduct in office, may be presented by the grand jury of the county for or in which the officer accused is elected or appointed. An accusation may not be presented without the concurrence of at least 12 grand jurors, or at least eight grand jurors in a county in which the required number of members of the grand jury is 11 (California Law, n.d.). California Penal Code: $ 118. (a) Every person who, having taken an oath that he or she will testify, declare, depose, or certify truly before any competent tribunal, officer, or person, in any of the cases in which the oath may by law of the State of California be administered, willfully and contrary to the oath, states as true any material matter which he or she knows to be false, and every person who testifies, declares, deposes, or certifies under penalty of perjury in any of the cases in which the testimony, declarations, depositions, or certification is permitted by law of the State of California under penalty of perjury and willfully states as true any material matter which he or she knows to be false, is guilty of perjury. This subdivision is applicable whether the statement, or the testimony, declaration, deposition, or certification is made or subscribed within or without the State of California. (b) No peison shall be convicted of perjury where proof of falsity rests solely upon contradiction by testimony of a single person other than the defendant. Proof of falsity may be established by direct or indirect evidence (California Law, n.d.).
R18:
Inmates are able to shower daily, but due to the waste water problem they are required to keep shower time to a minimum.
R19:
PIA, a state agency, operates a coffee roasting plant, meat cutting. and processing plant, a laundry facility, and clothing manufacturing. The meat and coffee are sold to tax-supported agencies. The clothing that is manufactured is used within the state of California by all prison inmates.
R20:
Visitation is permitted on Saturdays and Sundays for all eligible inmates. Some low level inmates are also allowed visits on Fridays, provided they are discipline-free for three months. In addition to regular visiting hours, visiting is conducted on New Year's Day, Fourth of July, Labor Day, Thanksgiving, and Christmas. Administrative Segregation Unit inmates are limited to 1-hour visits, due to space available.
R21:
There are 4 telephones per cell block, to which inmates have access. Outgoing calls are collect calls. All calls are monitored and recorded.
R22:
All mail, both outgoing and incoming, is screened for drugs and possible threats to both the staff and the general inmate population.
R23:
In the past 12 months, ten stabbings have occurred by inmates to inmates at MCSP. Staff members considered the stabbings to be minor.
R24:
At MCSP, all personnel are responsible for the safety of the staff and inmate population. Safety meetings are conducted on a monthly basis and include both alarm response and disturbance control. In the event additional staff is needed, there is a plan in place for off duty staff call back, which allows a 30-minute response time to provide additional backup.
R25:
MCSP is accredited through the Western Association of Schools and Colleges. Programs are available to qualified inmates for both academic and vocational needs. In addition, support programs are available for recreational reading and access to legal materials.
R26:
Counseling is available 24-7 for all staff. Staff is allowed seven visits per incident, with additional visits as required. The staff has a strong peer support system. Every two years, female guards are moved to different yards to avoid problems with inmates.
R27:
The dry cleaning facility at MCSP caused the contamination of the local water wells and has been shutdown. Of the total number of local owners of the contaminated water wells, 'all but two have taken advantage of state repair funds. The city of Ione has taken the lead in resolving the water issue, and the prison has made temporary adjustments to correct the problem, such as flow meters on the toilets. In addition, the dry cleaning facility, which was the source of the problem, has been removed. Wastewater is kept at a minimum.
R28:
A document from the Fire Chief, dated March 12, 2009, stated there are no FireILife Safety discrepancies requiring any immediate attention at MCSP. Findinps: