Amador County Grand Jury
2009-2010
Findings & Recommendations
42 findings
F1:
The Jackson Valley Fire Protection District (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. RESPONSE Partially disagrees JVBD does not have objective scientific information to determine the level of alcohol that may or may not have been consumed by the Fire Chief. The Board of Directors does not know if the symptoms observed by on-site witnesses were due to other circumstances, such as prescribed medication, heat exhaustion, etc.
Related Recommendations (1)
R1:
Remove the JVFPD Chief from office, pursuant to Government Code § 3060 (Facts #6, #12, #15 & #16 and Findings #1, #4,# 6, #10 & #11). RESPONSE The Fire Chief has been placed on administrative leave from the JVFPD pending further investigation. Follow-Up: Responses to 2008/2009 Grand Jury Report
F2:
Seventy eight percent of witnesses were aware of the JVFPD Chief being under the influence while attempting to perform his duties. The knowledge of the JVFPD Chief being intoxicated while on scenes was widespread. RESPONSE Partially disagrees Without scientific documentation or first-hand information it is not possible for the JVBD to accurately assess the Chief‟s level of intoxication while on scene. The JVFPD does not have the resources or expertise to provide an accurate assessment of this finding.
Related Recommendations (1)
R2:
Remove the Chairman of the JVBD from office, pursuant to Government Code § 3060 (Facts #6 & #9 and Findings #2, #4, #5 & #9). RESPONSE JVBD does not have authority to act on this recommendation.
F3:
The Fire Chief for the City of Ione, Chairperson for JVBD, a Battalion Chief for CALFIRE, and a supervisor for the American Legion Ambulance had 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 public safety. 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. RESPONSE Partially disagrees The JVBD was not informed by individuals with first hand information that the Fire Chief was under the influence of alcohol while responding to emergency calls.
F4:
Neither proper training nor Policy and Procedure 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. Follow-Up: Responses to 2008/2009 Grand Jury Report RESPONSE Partially disagrees The JVFPD volunteers operate under a set of by-laws that were implemented in 1993. Many of these by-laws continue to be valid and address areas such as; duties, driver requirements, general membership and regulations, disabilities, training, emergency response duties and rules of conduct. Each firefighter is required to read and sign this document. The JVFPD agrees this document needs to be updated and separated into manuals exclusive to training, policy and procedure.
Related Recommendations (3)
R1:
Remove the JVFPD Chief from office, pursuant to Government Code § 3060 (Facts #6, #12, #15 & #16 and Findings #1, #4,# 6, #10 & #11). RESPONSE The Fire Chief has been placed on administrative leave from the JVFPD pending further investigation. Follow-Up: Responses to 2008/2009 Grand Jury Report
R2:
Remove the Chairman of the JVBD from office, pursuant to Government Code § 3060 (Facts #6 & #9 and Findings #2, #4, #5 & #9). RESPONSE JVBD does not have authority to act on this recommendation.
R5:
Adopt a Policy and Procedure Manual for the JVFPD. The JVFPD Chief and the Chairperson for the JVBD need to be held accountable for violations, pursuant to Government Code § 3060 (Facts #6, #7 & #8 and Findings #4, #8 & #10). RESPONSE The recommendation has not yet been implemented, but will be in the future. Within 180 days, a Policy and Procedure Manual will be completed. Regarding the JVFPD Chief being held accountable, the recommendation requires further analysis by the JVBD. Due to limited resources, time constraints and possible legal input, this recommendation may take up to six months to resolve. The Fire Chief is currently on Administrative Leave. Regarding the Chairperson of the JVBD being held accountable, this recommendation will not be implemented because JVBD does not have authority in this issue. RECOMMENDATIONS # 6 and #7 are not under the scope of the JVFPD Board of Directors.
F5:
Members of the JVBD violated the Brown Act (California Law, n.d.). RESPONSE Agrees
Related Recommendations (2)
R2:
Remove the Chairman of the JVBD from office, pursuant to Government Code § 3060 (Facts #6 & #9 and Findings #2, #4, #5 & #9). RESPONSE JVBD does not have authority to act on this recommendation.
R3:
Require that the JVBD comply with the Brown Act (Findings #5 and #9). RESPONSE The recommendation has not yet been implemented, but, will be in the future with a time frame of 180 days. The JVBD will attend Brown Act training within the next 180 days. All procedures mandated by the Brown Act will be followed.
F6:
The chief of the JVFPD gave false testimony to the Amador County Grand Jury. RESPONSE No response Information regarding this matter is not available at this time to JVBD.
Related Recommendations (2)
R1:
Remove the JVFPD Chief from office, pursuant to Government Code § 3060 (Facts #6, #12, #15 & #16 and Findings #1, #4,# 6, #10 & #11). RESPONSE The Fire Chief has been placed on administrative leave from the JVFPD pending further investigation. Follow-Up: Responses to 2008/2009 Grand Jury Report
R9:
Assess the JVFPD Chief for violations of California Penal Code §118 (Finding #6 and Fact #12). RESPONSE This recommendation is not within the scope of authority of the JVBD.
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. RESPONSE Partially disagrees The JVBD does not respond to emergency calls and does not have substantiated information that this occurred.
F8:
The JVFPD does not have a Policy and Procedure Manual in place. This leaves the firefighters without direction or guidelines. RESPONSE Partially disagrees The JVBD agrees there is not a current Policy and Procedure Manual. However, the current by- laws do provide policy and procedure directions for the firefighters.
Related Recommendations (1)
R5:
Adopt a Policy and Procedure Manual for the JVFPD. The JVFPD Chief and the Chairperson for the JVBD need to be held accountable for violations, pursuant to Government Code § 3060 (Facts #6, #7 & #8 and Findings #4, #8 & #10). RESPONSE The recommendation has not yet been implemented, but will be in the future. Within 180 days, a Policy and Procedure Manual will be completed. Regarding the JVFPD Chief being held accountable, the recommendation requires further analysis by the JVBD. Due to limited resources, time constraints and possible legal input, this recommendation may take up to six months to resolve. The Fire Chief is currently on Administrative Leave. Regarding the Chairperson of the JVBD being held accountable, this recommendation will not be implemented because JVBD does not have authority in this issue. RECOMMENDATIONS # 6 and #7 are not under the scope of the JVFPD Board of Directors.
F9:
The JVBD discussed the issue at hand while not in session and in violation of the Brown Act (California Law, n.d.). RESPONSE Agrees Several minutes prior to a scheduled regular Wednesday Board meeting, each Board member present was served a subpoena to appear before the Amador County Grand Jury the following Monday. A brief discussion took place regarding the nature of the issue. Follow-Up: Responses to 2008/2009 Grand Jury Report
Related Recommendations (1)
R3:
Require that the JVBD comply with the Brown Act (Findings #5 and #9). RESPONSE The recommendation has not yet been implemented, but, will be in the future with a time frame of 180 days. The JVBD will attend Brown Act training within the next 180 days. All procedures mandated by the Brown Act will be followed.
F10:
The JVFPD Chief obtained the Ione City Fire Department Policy and Procedure Manual, subsequent to the request of 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. RESPONSE Partially disagrees The JVBD agrees that a policy and procedure manual has not been adopted.
Related Recommendations (1)
R1:
Remove the JVFPD Chief from office, pursuant to Government Code § 3060 (Facts #6, #12, #15 & #16 and Findings #1, #4,# 6, #10 & #11). RESPONSE The Fire Chief has been placed on administrative leave from the JVFPD pending further investigation. Follow-Up: Responses to 2008/2009 Grand Jury Report
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. RESPONSE Agrees
F12:
There is no procedure for vetting and subsequent appointment of the applicants for the positions on the JVBD by the Amador County Board of Supervisors. RESPONSE No response
Related Recommendations (1)
R10:
Implement a procedure to ensure applicants have clear and current California driver„s licenses and continue to maintain a valid driver license during the course of service. A fingerprinting and background procedure is implemented to determine suitability for service in a particular position as set forth by industry standards for such positions (Findings #12 & #13). RESPONSE The recommendation has not yet been implemented, but will be in the future. The current by- laws require that a firefighter maintain the current California driver‟s license necessary to operate equipment and notify the Chief of any restrictions placed on it. Driver‟s license shall be free of any DUI conviction and have no more than two moving violations charged during a five year period. The by-laws also require each firefighter to furnish a DMV printout once per year. Within the next 180 days, a procedure will be implemented to expand this requirement and include the same requirement of the Chief of the JVFPD. A fingerprint procedure has not yet been implemented, but will be in the future. The fingerprinting of members of the JVFPD will be pursued through local law enforcement agencies. This procedure will take place within the next 180 days. The recommendation to have a background procedure will not be implemented. However, the JVFPD will explore the procedures and cost requirements experienced by other fire agencies. The JVPFD will use the results of the fingerprinting and DMV records at this time to determine suitability for the JVFPD. 77 Follow-Up: Responses to 2008/2009 Grand Jury Report Follow-Up AMERICAN LEGION AMBULANCE SERVICE FACTS: FACT #1 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, CALFIRE and American Legion Ambulance Service. RESPONSE Disagrees American Legion Ambulance Management did not receive any complaints and had no knowledge regarding the JVFPD Chief consuming alcohol on calls. American Legion management would have taken immediate appropriate action. FACT #12 The following witnesses gave false, misleading or inconsistent testimony: Chief, Jackson Valley Fire Protection District Assistant Fire Chief, Jackson Valley Fire Protection District Chief, Ione Fire Department Operations Manager, American Legion Ambulance Captain, City of Ione Fire Department Chairperson, Jackson Valley Board of Directors RESPONSE Disagrees After an extensive interview with American Legion‟s Operations Manager and review of the Grand Jury report, it is management‟s opinion that the American Legion Ambulance Operations Manager did not give false or misleading testimony.
F13:
Information was received that the JVFPD Chief had not maintained a valid California driver‟s license. Through testimony, it was determined that there was not a 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‟s license is a Misdemeanor pursuant to section 12500(a) of the California Vehicle Code. RESPONSE Partially disagrees The JVBD does not know if the JVFPD Chief maintained a valid California Driver‟s License, however, the current by-laws require that each firefighter provide a DMV printout to the Chief by February 1st each year.
F14:
The 2008/2009 Amador County Grand Jury requested a copy of the latest Occupational Safety and Wellness Plan. No report was received for review indicating a need to address this required safety element. RESPONSE Department Head: A copy of the Occupational Safety and Wellness Plan is included with this response.
F15:
The Camp Fire Training Program, which prepares wards for fire assignments at Youth Conservation Camps in the state, has been eliminated because of the closure of all but two conservation camps. RESPONSE Department Head: Agrees
F16:
Movement sensors in a dormitory ceiling appeared to be disabled with a foreign material acting as an obstruction or cover plate. Follow-Up: Responses to 2008/2009 Grand Jury Report RESPONSE Department Head: The sensors that read the alarms are inspected monthly. They are also tested to verify that they are working. This inspection is completed by members of the security section and they immediately correct and repair any problems.
F17:
The housekeeping, organization, and maintenance of this operation seem to be well managed. The serving staff wards are professional and attentive in their duties. RESPONSE Department Head: Agrees
F18:
Medical staff appears to be professional, caring and compassionate in providing services. The services are organized and the facility is well maintained. RESPONSE Department Head: Agrees
F19:
In 2008, the Governor‟s Award for Advocate of the Year was earned by a member of the staff of PPYCF for her leadership in consistently meeting small business participation goals over the last seven years (Fulkerson, 2008). Department Head: Agrees
F20:
ACAC holds an adoption fair once a year, featuring reduced adoption fees.
F21:
The law requires that animal bites involving humans must be reported to County Public Health. STATE BUDGETARY CONCERNS:
F22:
Employees have gone from a 40 to a 36 hour work week and have experienced a 10% pay cut.
F23:
Social Services conducts annual “peer audits” from neighboring counties to ensure the programs are working as designed.
F24:
The Department has an on-call employee, on standby 24/7, paid $3.00/hour. SIERRA WIND SUPPORT CENTER
F25:
The Support Center has been moved to a new location which serves the community in a less threatening environment.
F26:
The family of its clients is supported, including children.
F27:
Referrals from Health and Human Services, the Amador County Sheriff‟s Office, and walk-ins seeking help with addiction recovery are all supported.
F28:
Twenty to fifty people a day are seen by the Support Center.
F29:
The Support Center is renting its current facility. The facility was outgrown the day it moved in.
F30:
Staff will make jail visits as required.
F31:
The program calendar includes: Monday- Friday, 9:00 am to 4:00 pm: special evening programs Wednesday: dedicated to the support of Native Americans Thursday evening: dedicated to Five Alive, a teen suicide-prevention program
F32:
Continuous suicide prevention counseling is provided.
F33:
The Center operates in partnership with the Church of the Nazarene, Jackson. AMADOR COUNTY AUDITOR/CONTROLLER
F34:
The County Auditor/Controller performs audits of the Amador County Treasury and audits for budget compliance with State laws.
F35:
The County Auditor/Controller does not audit the budgets of departments within the county, only the overall County budget.
F36:
County departments hire independent auditors to review and audit their budgets annually.
F37:
Department Management can approve expenditures up to $20,000. Proposed expenditures over $20,000 require approval from the Board of Supervisors, a Request for Proposal (RFP), and a review process. 38 2009/2010 Civil Grand Jury Final Report AMADOR COUNTY CONSERVATOR’S OFFICE
F38:
The Conservator‟s Office reports to the Amador County Department of Social Services.
F39:
The Conservator‟s Office budget is established by the Amador County Department of Social Services.
F40:
Separate accounts are provided for each client.
F41:
The Conservator‟s Office is audited by an outside auditor; Galina & Co. LLP.
F42:
The Conservators Office has 4 employees.
Additional Recommendations
2
Not linked to specific findings.
R4:
Require that the JVBD be trained in the Brown Act. RESPONSE The recommendation has not yet been implemented, but will be within the next 180 days.
R8:
Require that members of the JVFPD and the JVBD attend ethics training. RESPONSE This recommendation has not yet been implemented, but will be implemented in the future. The JVFPD will explore available training in this area and schedule when possible. Because the JVFPD is manned by volunteers with an assortment of work schedules, it may take 180 days to complete. Follow-Up: Responses to 2008/2009 Grand Jury Report