Gran Jurado del Condado de Calaveras
2010-2011
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Hallazgos & Recomendaciones
10 hallazgos
F1:
The Grand Jury finds that Substance Abuse Program employees are governed by both the Code of Federal Regulations and HIPAA regarding the release of information and confidentiality. Both of these statutes impose stringent limitations on what types of information can be shared between agencies, with families, other professionals, or the public. Behavioral Health Services has an extensive application packet and protocols that are discussed and signed by each new participant. Orientation includes information on confidentiality, program rules, treatment expectations, release of information, and the process for filing a complaint. The policies and procedures utilized by this agency appear to be sufficient to protect client confidentiality. The Grand Jury finds that Child Protective Services employees are required to investigate allegations of child abuse or neglect. As part of these investigations they may need to interview the children, neighbors, law enforcement personnel, health practitioners, teachers, and other interested parties. In their efforts to ascertain facts, ensure the safety and wellbeing of children, and to make effective referrals, they must deal with personal and delicate subjects on parenting, alcohol and drug use, as well as potential physical and mental abuse of the children involved. They also have an obligation to communicate investigation results to those alleging abuse as mandated reporters. Parents subject to investigation sign a Universal Release of Information form. The CPS staff interviewed appeared to be very professional and demonstrated a good understanding of confidentiality and the release of information during an investigation. CPS is developing a consumer brochure for the initial family visit to explain the process.
F2:
The Grand Jury finds no evidence of partiality or inconsistency in either program and both agencies have specific prohibitions against discrimination of all types. The Substance Abuse Program has specific treatment protocol but admits that curriculum is designed to be flexible and can be tailored to meet individual needs. The written program rules and expectations include language to promote positive results, respect between staff and participants, and allow some flexibility for missed meetings, poor test outcomes, and other issues. Since CPS is generally an investigative body, there is no presumption of confidentiality. 55
F3:
The Grand Jury finds that SAP staff willingly and promptly provided copies of the program policies and procedures when requested. In addition, as part of the intake process and orientation, all program participants review and acknowledge with their signature an understanding of the Rules of the Program, the Complaint Policy and Procedure, and Client Rights.
F4:
Some counseling and support services are being extended to Calaveras County from the VA Clinic in Sonora. Clinic staff oversees a Post Traumatic Stress Disorder (PTSD) group three times per week in San Andreas, West Point, and Valley Springs.
F5:
Many of the issues associated with community outreach are hampered by the limited funding for this program. Cal Works has applied for a three-year grant to fund an additional full-time Veterans Services employee. At the time of the interview it was unclear what activities the new employee would undertake.
F6:
Many areas within the County are undergoing a lengthy planning process to update the County‘s General Plan. The LAFCO will have a significant say in whether a community‘s plans can move forward. The Grand Jury asks whether providing insight to these communities in advance of or concurrent with local residents making significant plans is not wiser than waiting for local planning to be rejected or significantly delayed during the LAFCO application stage. It is possible local planning recommendations cannot be implemented under current or projected service area capabilities and boundaries approved by the LAFCO.
F7:
Board members reported having obtained bids for services such as paving through a word- of-mouth method that included only select providers rather than through a broader, more formal process with public notices. RESPONSE FROM WCSD BOARD OF DIRECTORS The WCSD Board of Directors responded, ―It is the intent of the current Board to utilize the services of the Calaveras County Water District to search for, and when required, produce request for bids or proposals. As part of this process the WCSD issued a RFP for Audit Services obtaining 5 responses to provide these services. After reviewing the responses the Board selected the audit firm that seemed the most appropriate in terms of District needs.‖
F8:
Recently an expansion of Wallace Lake Estates was proposed by a developer who had purchased property and plans from the entity responsible for the original development. The new owner had requested that the District honor the costs and rates agreed upon with the prior developer. Questions arose whether an apparently favorable response to the new developer‘s proposal was communicated by a Board member prior to the proposal being discussed in open session. A problem with actual approval of the prior expansion plan later surfaced.
F9:
Related to Finding 8, it was discovered the previous expansion application process had not been completed through Local Area Formation Commission (LAFCO). In its 2004 services review, LAFCO had advised WCSD to prepare a capital improvement plan, to perform an analysis of its rate structure, and to consider exploring sources of surface water to provide a long-term reliable water supply to the area. WCSD has acted upon all of these
F10:
During the meetings, corrections to WCSD bookkeeping and balances were regularly pointed out by audience members. Inter-fund loans and transfer matters were presented for vote without clear or accurate information relative to terms or status of either fund. A confusing discussion was held regarding compensation for the General Manager and the individual under whose State certification the General Manager would be working. It is uncertain whether accurate documentation detailing the outcome was ever prepared for the record following Board discussion of the topic.
Recomendaciones adicionales
16
No vinculadas a hallazgos específicos.
R1:
RESPONSES TO GRAND JURY REPORT 2009-2010 FROM THE BOARD OF SUPERVISORS (BOS), ASSESSMENT APPEALS BOARD (AAB), AND ACTING ASSESSOR REGARDING POLICY AND PROCEDURE FOR REASSESSING PROPERTY VALUES REASON FOR INVESTIGATION California Penal Code Section 925 states in part "...investigations may be conducted on some selective basis each year." This year the Grand Jury selected for review the Assessor‘s office policy and procedures for reassessing property values.
R2:
RESPONSES TO GRAND JURY REPORT 2009-2010 FROM THE BOARD OF SUPERVISORS (BOS) AND SHERIFF REGARDING COUNTY ANIMAL SHELTER REASON FOR INVESTIGATION California Penal Code Section 925 states in part ―…investigations may be conducted on some selective basis each year.‖ The Grand Jury continues to assess the condition of the facility, animal health and welfare, safety, and overall operation of the animal shelter.
R3:
RESPONSE TO GRAND JURY REPORT 2009-2010 FROM SHERIFF REGARDING CALAVERAS COUNTY JAIL REASON FOR INVESTIGATION In accordance with California Penal Code Section 919 (b), the Grand Jury shall visit and inspect the condition and management of public prisons within the County of Calaveras.
R4:
RESPONSES TO GRAND JURY REPORT 2009-2010 FROM CALAVERAS UNIFIED SCHOOL DISTRICT (CUSD), CALAVERAS UNIFIED SCHOOL DISTRICT BOARD OF TRUSTEES, BRET HARTE UNION HIGH SCHOOL DISTRICT (BHUHSD), MARK TWAIN UNION ELEMENTARY SCHOOL DISTRICT (MTSD), MARK TWAIN UNION ELEMENTARY SCHOOL DISTRICT BOARD OF TRUSTEES, THE BOARD OF SUPERVISORS (BOS), THE COUNTY ADMINISTRATIVE OFFICER (CAO) AND THE DIRECTOR OF HUMAN RESOURCES REGARDING THE BUDGET REDUCTION PROCESS OF COUNTY SCHOOL DISTRICTS AND COUNTY OPERATIONS REASON FOR INVESTIGATION Penal Code Section 925 states in part ―…investigations may be conducted on some selective basis each year.‖ The Grand Jury decided to address the effects of the current financial crisis on County government and school districts with regard to their abilities to provide services. NOTE The Grand Jury during this investigation was concerned that the State of California allows a disparity in per-student educational funding between school districts. It seems discriminatory that certain districts receive between $8,000 and $9,000 per student each year while others receive less than $5,000 determined by a student‘s geographic location within the County. Previous court rulings have directed the State to close this funding gap; however, it is clear that this promise of parity has not materialized.
R5:
RESPONSE TO GRAND JURY REPORT 2009-2010 REGARDING COUNTY OF CALAVERAS SCHOOL DISTRICTS REASON FOR INVESTIGATION Penal Code Section 925 states in part ―…investigations may be conducted on some selective basis each year.‖ This year the Grand Jury selected the Calaveras County school districts‘ emergency policies and procedures.
R6:
RESPONSE TO GRAND JURY REPORT 2009-2010 REGARDING FOOTHILL FIRE PROTECTION DISTRICT REASON FOR INVESTIGATION The Grand Jury received a citizen complaint regarding the Foothill Fire Protection District Auxiliary operating as a political action group and not being registered with the State of California Fair Political Practices Commission. It also alleged that employee spouses were in charge of the Auxiliary. RESULTS OF INVESTIGATION
R7:
RESPONSES TO GRAND JURY REPORT 2009-2010 FROM CALAVERAS COUNTY ADMINISTRATIVE OFFICER, LAFCO EXECUTIVE OFFICER, AND LAFCO COMMISSIONERS REGARDING CALAVERAS COUNTY LOCAL AREA FORMATION COMMISSION REASON FOR INVESTIGATION California Penal Code Section 925 states in part ―…investigations may be conducted on some selective basis each year.‖ This year the Grand Jury selected the Local Area Formation Commission (LAFCO) for review.
R8:
RESPONSE TO GRAND JURY REPORT 2009-2010 FROM CALAVERAS WORKS AND HUMAN SERVICES AGENCY AND COUNTY ADMINISTRATIVE OFFICER (CAO) REGARDING CALAVERAS COUNTY VETERANS SERVICES REASON FOR INVESTIGATION The Grand Jury pursuant to California Penal Code Section 925 which states in part ―… investigations may be conducted on some selective basis each year.‖ This year the Grand Jury selected the Calaveras County Veterans Service Program (CCVSP). In light of the number of military service personnel, the committee has chosen to investigate CCVSP to determine the scope of its activity, identify the population served, and to evaluate whether or not the program is effectively serving the veterans of Calaveras County.
R9:
RESPONSES TO GRAND JURY REPORT 2009-2010 FROM CALAVERAS COUNTY ENVIRONMENTAL MANAGEMENT AGENCY (EMA), CALAVERAS COUNTY ADMINISTRATIVE OFFICER (CAO), AND CALAVERAS COUNTY BOARD OF SUPERVISORS (BOS) REGARDING COUNTY ENVIRONMENTAL MANAGEMENT AGENCY REPORT REASON FOR INVESTIGATION California Penal Code Section 925 states in part ―…investigations may be conducted on some selective basis each year.‖ The Grand Jury selected the County Department of Environmental Health, specifically the Environmental Management Agency (EMA), for review, in part to ascertain the effects of the current difficult economy.
R10:
RESPONSE TO GRAND JURY REPORT 2009-2010 REGARDING CALAVERAS COUNTY MANAGEMENT REPORT REASON FOR INVESTIGATION Penal Code Section 925 states in part ―…The Grand Jury shall investigate and report on the operations, accounts, and records of the officers, departments, or functions of the county…‖ PROCEDURES The Grand Jury reviewed the County of Calaveras Management Report for the Year Ended June 30, 2009, prepared by Gallina LLP Certified Public Accountants. RESULTS OF INVESTIGATION Gallina LLP reported, ―We did not identify any deficiencies in internal control that we consider to be material weaknesses … .‖ ―However, in prior year audits we became aware of opportunities to strengthen internal control and operating efficiency.‖ Response Requested None 97 THIS PAGE LEFT BLANK INTENTIONALLY 98
R11:
RESPONSES TO GRAND JURY REPORT 2009-2010 FROM THE BOARD OF SUPERVISORS (BOS), DIRECTOR OF THE BUILDING DEPARTMENT, THE PLANNING DIRECTOR AND THE AIRPORT MANAGER REGARDING CALAVERAS COUNTY AIRPORT/MAURY RASMUSSEN FIELD REASON FOR REVIEW The review was conducted pursuant to California Penal Code Section 925, which states in part: ―...investigations may be conducted on some selective basis each year.‖ Records of past Calaveras County Grand Juries show that the airport has not recently been subject to a review.
R12:
RESPONSE TO GRAND JURY REPORT 2009-2010 FROM PUBLIC WORKS ROADS AND BRIDGES DEPARTMENT (RBD) REASON FOR INVESTIGATION Penal Code Section 925 states in part ―...investigations may be conducted on some selective basis each year.‖ This year the Grand Jury selected the Roads and Bridges Department (RBD) for a review.
R13:
RESPONSE TO GRAND JURY REPORT 2009-2010 FROM WALLACE COMMUNITY SERVICES DISTRICT (WCSD) BOARD OF DIRECTORS REGARDING WALLACE COMMUNITY SERVICES DISTRICT REASON FOR INVESTIGATION California Penal Code Section 925 states in part ―…investigations may be conducted on some selective basis each year.‖ The Grand Jury has in the past studied one or more special districts. This year the Grand Jury selected the WCSD for review. NOTE ―The current Board of Directors took office on December 5, 2009 with four new members and one incumbent resulting from the Election held in August 2009. Therefore, the responses are from the newly elected Board and are not responses from the Board members who held office prior to December 5, 2009.‖
R14:
CALAVERAS WORKS AND HUMAN SERVICES AGENCY CALAVERAS COUNTY VETERANS SERVICES PROGRAM REASON FOR INVESTIGATION The Grand Jury received a citizen complaint regarding the Calaveras Works and Human Services Agency, Calaveras County Veterans Services Program (CCVSP) in response to the 2009-2010 Grand Jury report. The complaint alleges that while many veterans must regularly commute to Tuolumne County for health care, they do not hear about the services provided in Calaveras County. The trip to the adjacent county is burdensome or infeasible for some, and the location of the current CCVSP office in San Andreas at the Calaveras Works and Human Services Agency building discourages veteran access. The complainant is also concerned that the existing Veterans Services Officer (VSO) position is only funded as a part-time position. PROCEDURES The Grand Jury interviewed the following: Calaveras Works and Human Services Director Calaveras County Veterans Services Officer The Grand Jury reviewed the following documents: State of California Department of Veterans Affairs Division of Veterans Services Semi-Annual Report 07/01/2009 to 12/31/2009 Veterans Services Activity Reports for August, September and October 2010 Calaveras County Veterans Services outreach poster and flyer Calaveras Works and Human Services Agency brochure, ―Need Assistance? Don‘t Know where to Go? We Are Here to Assist You!‖ Copy of a Letter of Commendation, dated 2/24/2010, to Calaveras County Board of Supervisors from Roger Brautigan, Secretary, California Department of Veterans Affairs, regarding support and funding for local Veterans Services Office.
R15:
CALAVERAS COUNTY IN-HOME SUPPORTIVE SERVICES PROGRAM REASON FOR INVESTIGATION A review was conducted pursuant to California Penal Code Section 925, which states in part ―…investigations may be conducted on some selective basis each year …‖. This year the Grand Jury selected the Calaveras County In-Home Supportive Services Program (IHSS) to determine the mission of this program, what type of services are being offered, who makes up the target population, and eligibility requirements. PROCEDURES The Grand Jury interviewed the following: Calaveras Works and Human Services Agency (CalWorks), Director CalWorks, Social Services Supervisor The Grand Jury attended the following meetings: IHSS Advisory Committee monthly meeting The Grand Jury reviewed the following documents and websites: In-Home Supportive Services Handbook, CalWorks Calaveras County In-Home Supportive Services webpage Sacramento County In-Home Supportive Services webpage
R16:
CALAVERAS COUNTY PUBLIC AUTHORITY REASON FOR INVESTIGATION The Grand Jury received a citizen‘s complaint regarding the Public Authority structure, quality of services and cost effectiveness of the present program. PROCEDURES The Grand Jury interviewed the Director of Public Authority. The Grand Jury reviewed: Calaveras County Public Authority Budget 2010-2011 Calaveras County Public Authority website Provider supplemental trainings 2008-2010