Butte County Grand Jury
2010-2011
From the annual report
The consolidated year-end volume. The individual investigations it contains are listed separately below.
📑 Year-End Report
The full consolidated volume; individual reports are listed below.
Individual reports (6)
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Findings & Recommendations
12 findings
F1:
cases of West Nile Virus in the OMAD. The respondent neither agrees nor disagrees with these findings. The findings are directed at the Oroville Mosquito Abatement District, which is not under my control. The service provided by OMAD, a smaller district, is more personal to the residents of
Related Recommendations (1)
R1:
should not be consolidated with another mosquito abatement district. The respondent is unable to comment on these recommendations. The recommendations are directed at the Oroville Mosquito Abatement District, which is an independent governmental entity. The Butte County Board of Supervisors should make use of their website to actively
F2:
the district, and is cost effective. The respondent neither agrees nor disagrees with these findings. The findings are directed at the Oroville Mosquito Abatement District, which is not under my control. Appointments to the OMAD Board by the Butte County Board of Supervisors and the
F3:
Oroville City Council have not been timely or in accordance with California law. The respondent partially agrees with the finding. I understand that requests from OMAD to its board for appointments have not been done timely, therefore appointments have not been done timely. However, appointments have been done in accordance to California law. As a result of lengthy vacancies, the OMAD Board has often not had a quorum and has
Related Recommendations (1)
R3:
assure that appointments to fill vacancies to OMAD and other special districts boards, commissions, and committees for which they have the responsibility to appoint members are timely and in accordance with California Law. The respondent is unable to comment on these recommendations. The recommendations are directed at the Board of Supervisors, and although I am a member of the Board, I cannot speak for the Board, nor the Oroville City Council. The Butte County Board of Supervisors and Oroville City Council should take steps to
F4:
been unable to conduct business. From October 2007 through March 2010, there has only been a full five-member OMAD Board for seven months. The respondent neither agrees nor disagrees with these findings. Since I am not involved in the day-to-day operations of OMAD, I am not aware of the reasons why the OMAD board has been unable to conduct business. A qualified person who had demonstrated interest and commitment to the OMAD Board
F5:
by attending numerous meetings and who was recommended as an appointee by the OMAD Board was not even considered for that appointment by the District One Supervisor. The respondent disagrees with the finding. I did consider the individual for appointment, but chose not to bring the name to the Board of Supervisors, as the candidate did not meet my criteria of a qualified candidate. The District One Supervisor's failure to fulfill his obligation to oversee appointments to
F6:
the OMAD Board appears to be due to making his personal interests more important than his regard for California law which states: The trustees shall represent the interests of the public as a whole and not solely the interests of the board of supervisors or the city council that appointed them. This has often left the OMAD Board unable to function properly, due to long, unfilled vacancies. The respondent emphatically disagrees with the finding. The law cited in the finding refers specifically to the duties of district trustees, not the members of the Board of Supervisors. Also, the obligation of overseeing appointments belongs to OMAD, not the Board of Supervisors. Since I am not involved in the daily workings of the OMAD Board, I cannot comment on the reasons they have been unable to properly function, or how their lack of appointment oversight has contributed to it. I take the appointment process seriously, and do not recommend appointments simply because a name was provided. When an individual is presented to me for an appointment, I need to be sure that the individual is the best candidate to serve the community in that capacity. Appointments to the OMAD Board by the Board of Supervisors, as recommended by the
Related Recommendations (1)
R5:
Supervisors and Oroville City Council should base their appointments on the needs of the district or commission and not on an individual supervisor's or council member's agenda. The respondent cannot respond to the recommendation. The recommendation is specific to the Board of Supervisors. However, I can unequivocally say that when I am acting in the capacity of a Board member making appointments, my appointments and votes are done with the best interests of the community in mind. The Board of Supervisors should assign responsibility to the Clerk of the Board of
F7:
District One Supervisor, have included at least one person who was unqualified due to their residency being outside the District. The respondent agrees with the finding. At the October 13, 2009 Board of Supervisors meeting, I recommended an appointment to a listed vacancy on the OMAD. It was determined after the appointment was approved that the individual did not meet the residency requirements. The appointee, having been made aware of the requirement, subsequently resigned from the OMAD. The appointment letters to new OMAD Board appointees by the Board of Supervisors do
Related Recommendations (1)
R6:
Supervisors or another county government official to determine if an applicant or appointed person to fill a board vacancy meetings the residency and other mandated requirements. The Oroville City Council should also designate such a person in the city administration. The respondent cannot respond to the recommendation. The recommendation is specific to the Board of Supervisors and the Oroville City Council. The OMAD Board should monitor upcoming vacancies and communicate with the
F8:
not include the relevant information regarding the OMAD Board responsibilities, meeting time, and place. The respondent neither agrees nor disagrees with these findings. The findings are directed at the Board of Supervisors, and although I am a member of the Board, I cannot speak for the Board. However, the responsibility to provide OMAD Board members relevant information about their responsibilities, meeting time, and place belongs to the OMAD Board. The OMAD Board and the appointee were not notified by mail of an October 2009
Related Recommendations (1)
R2:
publicize vacancies and information (qualifications, purpose, functions, and current board members) for the special district boards, commissions, and committees to which they have the responsibility to appoint members. The respondent is unable to comment on these recommendations. The recommendation is directed at the Board of Supervisors, and although I am a member of the Board, I cannot speak for the Board. The Butte County Board of Supervisors and Oroville City Council should take steps to
F9:
appointment recommended by the District One Supervisor and approved by the Board of Supervisors. The respondent neither agrees nor disagrees with these findings. The findings are directed at the Clerk of the Board of Supervisors. The Locals Appointments List, as related to the OMAD, and over a period of time that we
F10:
reviewed has not been accurately maintained as required by California law by both the County of Butte and the City of Oroville. The respondent neither agrees nor disagrees with these findings. The findings are directed at the Clerk of the Board of Supervisors and the City of Oroville. The OMAD Board has not been monitoring Board Members' term expiration dates. As a
Related Recommendations (1)
R4:
assure that the Local Appointments List is accurate with respect to OMAD and other special districts boards, commissions, and committees for which they have the responsibility to appoint members. The respondent is unable to comment on these recommendations. The recommendation is directed at the Board of Supervisors, and although I am a member of the Board, I cannot speak for the Board. When making appointments to districts, boards, commissions, Butte County Board of
F11:
result, they have not been notifying the proper appointing authorities in a timely manner or current or anticipated vacancies or their interest of being reappointed. The respondent is unable to agree or disagree with the finding. The findings are directed to OMAD. At times, for security reasons, the doors to the OMAD Board meeting room in the
Related Recommendations (2)
R7:
appointing authorities so that vacancies are filled in a timely manner. The respondent cannot respond to the recommendation. The recommendation is specific to the OMAD Board. The OMAD Board should immediately communicate with the appointing authority
R8:
whenever an unexpected vacancy occurs. The respondent cannot respond to the recommendation. The recommendation is specific to the OMAD Board. The City of Oroville and the OMAD Board should work together to assure that the doors
F12:
Oroville City Hall have been locked and access for citizens may have been hindered. The respondent is unable to agree or disagree with the finding. The findings are directed to OMAD and the City of Oroville, and does not know the reasons for locking the doors. Grand Jury Recommendations OMAD should continue to function as an independent mosquito abatement district and
Related Recommendations (1)
R9:
to the OMAD Board meeting room in the Oroville City Hall are unlocked during OMAD Board meetings. The respondent cannot respond to the recommendation. The recommendation is specific to the OMAD Board and the City of Oroville. However, I fully endorse the recommendation. The most basic concept of a public meeting is access to the public. To meet behind closed doors, even if everything else is done properly, gives the appearance of impropriety, which results in a loss of public confidence. Bill Connelly
Findings & Recommendations
6 findings
F1:
Close contact with supervisors is an essential feature of social work during the initial phase of decision-making. Although social workers will always hear back from a supervisor, sometimes the response takes time, which leads to frustration and distraction for the social worker.
F2:
In an urgent situation, a delay in response time for a social worker potentially places a child at further risk.
F3:
The Structured Decision-Making tool is a useful guide to screeners in their information- gathering and decision-making as they process an incoming report. Investigators are less clear about how SDM benefits their work.
F4:
Decisions made by social workers are driven by the information they have access to about a particular case. In the rare case of a child with no background or history available through routinely consulted resources, social workers must base their decisions on their own experienced judgment, the SDM framework and other evidence-based tools, and consultations with peers and Supervisors.
F5:
Social workers responding to urgent situations in rural and/or rough-terrain areas of the County need reliable means of contacting their supervisors and the Children‟s Services offices.
F6:
Social workers responding to urgent situations in rural and/or rough-terrain areas of the County need reliable means of transportation for themselves and any children they may need to transport.
Additional Recommendations
5
Not linked to specific findings.
R1:
Assess the timeliness of supervisor contact with social workers, to ensure that delays in supervisor response do not compromise the social workers‟ ability to perform their work 8 with appropriate urgency. If it is determined that there are unacceptable and avoidable delays in supervisor responses, develop a plan to resolve the problem.
R2:
Evaluate how SDM is used by all social workers within Children‟s Services, and the ways that this protocol benefits their work. Data and conclusions should be shared with all personnel.
R3:
Provide social workers with reliable means of contact with supervisors and Children‟s Services offices, especially in rural or rough-terrain areas of the County.
R4:
Provide access to reliable and sufficient means of transportation that are suitable for Children‟s Services‟ work in the entire County, including rural or rough-terrain areas.
R20-25:
minutes for information to be transmitted from Oroville Intake to an IR worker in Chico, and the situation is in Magalia, more than a half-hour‟s drive away, it could be an hour before the social worker arrives. In addition, in rural locations social workers may still need to consult with their supervisors to determine the best plan for a child, so it is imperative that they have a reliable method of contacting the Oroville and Chico offices. Children‟s Services furnishes cell phones to all social workers. Those cell phones have speaker phone capability, but no blue tooth, head phone set, or other hands-free equipment are currently provided. Finally, rural areas may present challenges to a social worker who is using a county vehicle. Some social workers may not own four-wheel drive vehicles of their own, especially ones that are capable of safely transporting multiple children if needed. Children‟s Services currently has only one four-wheel drive vehicle that social workers can use. The program is working with the County to secure funding to purchase new vehicles, but the standard vehicle allowance may not suffice since the program needs vehicles with four-wheel drive and with the capacity to transport several children at a time. 7
Findings & Recommendations
11 findings
F1:
There is an Inmate Welfare Fund at the Butte County Jail with funds available at the time of this report. The Grand Jury is not aware of an audit of this fund.
F2:
The GED program is currently limited to independent study.
F3:
Inmates who work in the kitchen receive training while they work, for which they can receive a certificate as a kitchen helper.
F4:
There are no vocational training programs for inmates, other than the kitchen program.
F5:
The women‟s facility is in need of maintenance and eventual replacement or remodeling when funds become available.
F6:
Health, spiritual and drug & alcohol rehabilitation programs are offered to inmates.
F7:
Food served in the jail meets federal nutrition guidelines.
F8:
Inmates do not always have access to the telephone numbers stored in their cell phone once they have been booked into the jail.
F9:
The current jail handbook is being revised.
F10:
The ventilation system in the women‟s facility does not operate properly, causing an uncomfortable draft. This ongoing issue has remained unresolved by county maintenance staff for several years.
F11:
Some jail security systems are in the process of being upgraded.
Additional Recommendations
7
Not linked to specific findings.
R1:
Develop a plan to reinstate the GED and other educational programs and provide a timeline for completion, including Inmate Welfare Fund as a potential funding source. 17
R2:
Evaluate the women‟s facility plumbing and ventilation systems using an outside licensed contractor and provide the contractor‟s written proposal for resolution and timeline for repair.
R3:
Provide the anticipated date for completion of the proposed revisions to the jail handbook.
R4:
Provide a progress report on the status of the security system upgrades.
R5:
Perform an independent audit of the Inmate Welfare Fund and provide an audit report and transparent financial statements which include an itemized cost per unit analysis.
R6:
Continue to offer the kitchen training program.
R7:
Develop a policy regarding retrieval of telephone numbers from inmate cell phones at the time of booking.
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Findings & Recommendations
12 findings
F1:
Table Mountain School meets the educational needs of students so that they do not fall behind in their education while incarcerated.
F2:
BCJH has partnered with The Boys and Girls Clubs of the North Valley to assist detained youth. 23
F3:
The partnership between the BCJH and The Boys and Girls Clubs of the North Valley is reducing recidivism among the juvenile detainees who participate in the Targeted Re- Entry Program in connection with the Minor Adjustments Program (MAP).
F4:
The BCJH Boys and Girls Club provides counseling, job training and life skills training.
F5:
The BCJH Boys and Girls Club is staffed by individuals who work to improve the lives of youth offenders within our communities, at minimal cost to the County.
F6:
The BCJH Boys and Girls Club facility is in an available pod. It is decorated to appeal to youth and provide a pleasant atmosphere and place to socialize which offers many of the features and programs of the Boys and Girls Clubs found in the community.
F7:
The partnership between Butte County Probation Department, BCJH and the Boys and Girls Club of the North Valley is a cost-effective method of dealing with juvenile offenders which reduces overall cost to Butte County.
F8:
The BC Library is a heavily utilized public resource within Butte County.
F9:
Some of the BC Library‟s facilities, including but not limited to carpet, ceiling tiles, walls and baseboards, are in need of maintenance or repair.
F10:
The BC Library‟s computer hardware is out-of-date and its computer software system is inefficient.
F11:
The BC Library‟s hours of operation have decreased since 2007 (see chart in “Discussion” section).
F12:
On February 8, 2011, the Butte County Board of Supervisors approved the “Butte County Library Strategic Long Range Plan”.
Additional Recommendations
5
Not linked to specific findings.
R1:
Continue the partnership with the Boys and Girls Club to serve detained youth.
R2:
Continue the relationship with Table Mountain School operated by the Butte County Office of Education in providing education to detainees.
R3:
Develop a contingency plan to ensure the survival of the BCJH Boys and Girls Club program in the event that state JJCPA funding is discontinued.
R4:
The Butte County Board of Supervisors should continue to assess current library usage and community interest, to determine whether the current hours of operation within the BC Library system are sufficient to meet demand. If not, the Board should continue to explore further ways to increase hours of operation.
R5:
The Butte County Board of Supervisors, in collaboration with the Library Director, should prioritize the suggestions listed in the “Butte County Library Strategic Long Range Plan”, and develop a specific plan for timing and implementing their highest ranked priorities.
Findings & Recommendations
6 findings
F1:
Fleet Services is an efficient and competent resource for the County.
F2:
Fleet Services currently has no means of enforcing its suggestions made to other departments.
F3:
There currently is no single department with authority over all of the County vehicles.
F4:
County procedures manuals provide no clear criteria for when a vehicle should be classified as “Surplus” or retired.
F5:
There is no mechanism for adequate centralized record keeping for County vehicles.
F6:
There is no procedure outlining the transfer of vehicles between departments.
Additional Recommendations
3
Not linked to specific findings.
R1:
Develop a plan for more effective management of the County‟s vehicles, which includes an explicit evaluation of consolidation and/or centralization of this function under the authority of a single department. The plan should address allocation, maintenance, retirement, and replacement of County vehicles. Provide a deadline for implementation of this plan.
R2:
Amend the appropriate policy or procedure manual to provide clear criteria dictating when a vehicle should be designated “Surplus” or retired.
R3:
Amend the appropriate policy or procedure manual to provide an efficient means of transferring a vehicle between departments. 39
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Findings & Recommendations
19 findings
F1:
The Gridley Business Improvement District‟s non-profit status is listed as suspended, and this is due to an error by the California Secretary of State.
F2:
Any problem involving the Mayor serving as Executive Director of GBID has been resolved. 56
F3:
Some City Council members and the Mayor have had contentious interactions with members of the public and one another at Gridley City Council meetings attended by the Grand Jury.
F4:
The research and development concept for biofuel using rice straw became a catalyst for disagreement and animosity, dividing Gridley City Council and public opinion.
F5:
Rice straw was moved from the original location in the farmers‟ fields to the Industrial Park, at some cost to the City of Gridley, where it rotted, became infested with vermin and had to be hauled away.
F6:
Rice Straw alone has not yet been proven to be a viable source to create a biofuel.
F7:
Monies were used from City of Gridley taxpayer funds to purchase the parcel behind the Rio Pluma plant (Parcel #025-200-088) and pay the Energy Commissioner for his representation regarding NCPA.
F8:
The City of Gridley purchased land (Parcel #025-200-088) that was outside its sphere of influence at the time of purchase for a total of $679,000, using Gridley taxpayer funds. The land is still zoned for agricultural purposes.
F9:
Until recently, Gridley City Council agendas and minutes have been vague and lacked sufficient detail for the public to understand the issues.
F10:
Under the former administration, the City of Gridley engaged in notably ineffective record keeping and file maintenance practices.
F11:
Some proponents, including public officials, assured the Gridley City Council and citizens the Gridley Project would result in no cost to the City. However, Gridley City funds were spent.
F12:
The perception of conflict of interest exists regarding some Gridley City leaders involvement in the Gridley Project while serving in public office.
F13:
Emails have been used by Gridley City Council members to discuss pending agenda items outside the public arena, which limits City residents‟ participation in the governing process, and may violate the Brown Act.
F14:
The City of Gridley Energy Commissioner position has never been a paid position, other than when held by the former Council member who was appointed to the position in 2000.
F15:
The City of Gridley paid the Energy Commissioner from 2000 to 2009, even though the contract which was signed in 2000 expired in 2003. 57
F16:
The former Energy Commissioner appointed in 2000 to represent the City of Gridley with NCPA was paid $526,369.00 out of Gridley taxpayer funds. Gridley Project grant funds paid an additional $438,580.00 for services related to the Gridley Project. The total Energy Commissioner payments over a nine year period amounted to $964,949.00.
F17:
The City of Gridley has been pursuing the biomass project since 1994 and so far the project has proven non-feasible. At least one Gridley City Council member continues to advocate for the project.
F18:
The DOE terminated funding for the Gridley Project in 2010.
F19:
Positive changes have been made to address some of the past practices that created problems within the Gridley community.
Additional Recommendations
9
Not linked to specific findings.
R1:
Schedule ethics and Brown Act classes for all department heads, elected and appointed officials, to be performed annually and keep records of compliance that are made available to the public, perhaps on the website.
R2:
Create a timeline for the City Clerk to remind Gridley City Council members and Gridley City officials at the appropriate time to file Form 700s. Make available to the public, records of ongoing compliance with this requirement.
R3:
Create a policy when seeking individuals for specialized positions to best represent Gridley‟s interests.
R4:
Encourage GBID to move quickly to obtain their non-profit status by correctly registering with the Secretary of State of California.
R5:
In concert with NCPA, continue to pursue other avenues of proven, affordable renewable energy, such as the solar project. Continue to make information regarding this activity available to the public.
R6:
Hold public meetings at which community members can ask questions. Ensure that questions raised receive either verbal responses or follow-up responses that are also publicly available.
R7:
Develop policy and procedures for effectively maintaining Gridley City records. Provide an estimated date of completion for these documents.
R8:
Employ an independent firm to audit and investigate whether any Gridley City officials made decisions or took actions that would constitute a conflict of interest. Make the results of this audit and investigation available to the public. 58
R9:
Create and document an internal audit committee (one person from each department) to audit and ensure that the Gridley City‟s policies and procedures are practiced and performed as written and executed correctly. Make audit reports from this oversight available to the public.
* This report's PDF did not contain easily extractable text and required Optical Character Recognition (OCR) for analysis. There may be minor errors in the extracted findings and recommendations due to OCR limitations with scanned documents.