Calaveras County Grand Jury
2012-2013
Findings & Recommendations
7 findings
F1:
CCP Agendas, Minutes & Meetings Meeting Agendas have not been detailed enough to preview what will be covered. Introductions, Old Business, New business, and Adjourn is enough to satisfy the Brown Act, but is not useful to a productive meeting. Minutes have sometimes been presented at CCP meetings in a timely fashion and reflected the essence of the previous meeting. However, many times committee members are asked to amend and approve several sets of minutes at a time. The minutes may be more than a few months old. Some minutes don't exist. The only evidence of those meetings are three or four hour audio recording. This situation has caused certain controversial issues to be brought up again and again at subsequent meetings because no records of previous solutions were available. The purpose, frequency and scheduling of meetings are not determined through any formal process voted upon by the CCP. The Calaveras County Plan specified that, “During the first 3 months of the PRCS, CCP meetings will be held bi-weekly to review progress, identify and resolve implementation challenges... make
Related Recommendations (1)
R1:
MARK TWAIN HEALTHCARE DISTRICT – INTERIM REPORT 49
F2:
CCP Parliamentary Procedures & Mediation CCP meetings have been disorganized, unfocused, repetitious and hostile at times. No formal structure such as “Robert's Rules of Order” has been followed. Consequently, no process for mediating disagreements between members exists. Misunderstandings, disagreements (sometimes loud), lack of compromise, unresolved differences in philosophy, insults, eye rolling and derisive laughter have rendered meetings inefficient and frequently unproductive. It should be said that these meetings would have been totally non productive had it not been for the long cooperative working association between many of the members of the CCP
Related Recommendations (1)
R2:
CALAVERAS COUNTY ANIMAL SHELTER 52
F3:
Respecting other county departments Each county department has its own policies and procedures. Departments are frequently required to work together towards a common goal. It is necessary to respect each other's policies and procedures for public and staff safety.
Related Recommendations (1)
R3:
CALAVERAS COUNTY ASSESSOR 55
F4:
Working together as equal partner to meet the goals specified by the Calaveras Count Plan Neither AB 109, any of the amending Bills or the Calaveras County Plan specified a rank ordering within the CCP beyond that of Probation being named the chair (which is a parliamentary specification). Therefore, each voting member has one vote and each vote has an equal weight. The Calaveras County Plan calls for, “... the need to collect and analyze data from the Reports issued by the Civil Grand Jury do not identify individuals inception of the program forward, to interviewed. Penal Code Section 929 requires that reports of the Grand serve as an input into the CCP's Jury not contain the name of any person or facts leading to the identity process for continuous program of any person who provides information to the Civil Grand Jury. improvement.” In the same section of the Calaveras County Plan, the following are listed among the process goals: creating data tracking methods (software and others) and developing methods for increasing CCP member collaboration and information sharing.
Related Recommendations (1)
R4:
CALAVERAS COUNTY BOARD OF SUPERVISORS 58
F5:
The Calaveras County Plan specified on that the “Criminal Justice partners made up of Probation, Sheriff, District Attorney, Angels Camp Police, Parole, and California Highway Patrol, will meet monthly (or as needed) with appropriate treatment providers to discuss problematic offenders and what strategies will best address the offender's anti-social behaviors.” This meeting was held only once and never repeated. However, the need for this kind of meeting is crucial to public safety as well as the success of reducing new offenses. All CCP voting partners feel they should have access to all the data as the process of Post-Release Community Supervision unfolds. Information such as : a. The number and type of technical violations b. Searches and the results thereof c. In-house sanctions
Related Recommendations (1)
R5:
Only one meeting of this type was held. These meetings should resume immediately and be held at prearranged regular intervals. Those intervals should be determined by a vote of the CCP. Members attending should come prepared to share all information from their individual departments concerning current offenders in PRCS. Information should freely be shared among the voting partnership, without partners being expected to answer the question, “Please explain your need for this information.” RESPONSE REQUESTED 5 Community Corrections Partnership Chief Probation Officer
F6:
Code Compliance Officers can waive an imposed fine if the recipient decides to cooperate with the citation.
Related Recommendations (1)
R6:
CALAVERAS COUNTY HUMAN RESOURCES DEPARTMENT 62
F7:
The Grand Jury finds that the required public notices of District Board meetings and agendas were only posted on the bulletin board in the administrative area of the hospital. Although this minimally meets the requirements of the Brown Act, it limits public access to those notices.
Related Recommendations (1)
R7:
CALAVERAS COUNTY JAIL 64
Additional Recommendations
2
Not linked to specific findings.
R8:
JENNY LIND VETERANS MEMORIAL DISTSRICT 66
R10:
CALAVERAS COUNTY PUBLIC WORKS DEPARTMENT 68 D. Blank Grand Jury Complaint Form 70 COMPLAINT FORM INSTRUCTIONS 71 GRAND JURY INFORMATION WHAT IS A GRAND JURY? A Grand Jury is a judicial body composed of a set number of citizens. Ancient Greece exhibited the earliest concepts of the Grand Jury System. Another reference can be found during the Norman conquest of England in 1066. There is evidence that the courts of that time summoned a body of sworn neighbors to present crimes which had come to their knowledge. In 1066 the Assize of Clarendon appears to be the beginning of the true Grand Jury system. At that time juries were established in two types: Civil and Criminal. Toward the end of the United States Colonial Period, the Grand Jury became an important adjunct of government: Proposing new laws, protesting abuses in government, and influencing authority in their power to determine who should and should not face trial. Originally, the Constitution of the United States made no provisions for a Grand Jury. The Fifth Amendment, ratified in 1791, added this protection. THE GRAND JURY IN CALIFORNIA The California Constitution, Article 1, Section 23, states, “One or more Grand Juries shall be drawn and summoned once a year in each County.” In California every county has a civil Grand Jury. Criminal Grand Juries are seated as necessary. A civil Grand Jury’s function is to inquire into and review the conduct of county government and special districts. The Grand Jury system in California is unusual in that Federal and County Grand Juries in most states are concerned solely with criminal indictments and have no civil responsibilities. Grand~ Jurors are citizens of all ages and different walks of life bringing their unique personalities and abilities. Grand Jurors are selected from the Department of Motor Vehicles and Voter Registration files. In some counties citizens may request to be on the Grand Jury. Jurors spend many hours researching; reading, and attending meetings to monitor county government, special districts, and overseeing appointed and elected officials. A final report is created after many hours of fact-finding investigations conducted by the Grand Jury. This report can disclose inefficiency, unfairness, wrongdoings, and violations of public law and regulations in local governments. The report can also recognize positive aspects of local government and provide information to the public. The Grand Jury makes recommendations for change, requests responses, and follows up on responses to ensure more efficient and lawful operation of government. CALAVERAS COUNTY GRAND JURY The Calaveras County Grand Jury is a judicial body sanctioned by the Superior Court to act as an extension of the Court and the conscience of the community. The Grand Jury is a civil investigative body created for the protection of society and enforcement of its laws. The conduct of the Grand Jury is delineated in California Penal Code, Section 888 through Section 945. Grand Jurors are officers of the Superior Court but function as an independent body. One provision of the Grand Jury is its power, through the Superior Court, to aid in the prosecution of an agency or individual they have determined to be guilty of an offence against the people. RESPONSIBILITIES OF THE GRAND JURY The major function of the Calaveras County Grand Jury is to examine Count” special districts to ensure their duties are being lawfully carried out. The Grand Jury reviews and evaluates procedures, methods, and systems utilized by these agencies to determine if it programs may be used for the betterment of the County’s citizens. It is authorized to inquire into changes of willful misconduct or negligence by public officials or the employees of public agencies. The Grand Jury is mandated to investigate the conditions of jails and detention centers. The Grand Jury is authorized to inspect and audit the books, records, and financial expenditures of all agencies and departments under its jurisdiction, including special districts and non-profit agencies, to ensure finds are properly accounted for and legally spent. In Calaveras County the Grand Jury must recommend an independent Certified Public Accountant to audit the financial condition of the County. RESPONSE TO CITIZEN COMPLAINTS The Grand Jury receives formal complaints from citizens alleging government inefficiencies, mistreatment by officials, and voicing suspicions of misconduct. Anyone may ask that the Jury conduct an investigation on agencies or departments within the Grand Jury’s jurisdiction. All such requests and investigations are kept confidential. The Grand Jury investigates the operations of governmental agencies, charges of wrongdoing within public agencies, and the performance of unlawful acts by public officials. The Grand Jury cannot investigate disputes between private parties nor any matters in litigation. Neither official request nor public outcry can force the Grand Jury to undertake an inquiry it deems unnecessary or frivolous. FINAL REPORT The Final Report includes the findings and recommendations of the Grand Jury and is released to the Superior Court Judge by July 1 of each year. It is made available to the new Grand Jury, the media, the public, and government officials. It will also be available on the Calaveras County Grand Jury website: http://calaverasgov.us/Departments/AG/GrandJury.aspx HOW TO CONTACT THE GRAND JURY Those who wish to contact the Grand Jury may do so by writing to: Calaveras County Grand Jury P.O. Box 1414 San Andreas, CA 95249 A Citizen’s Complaint Form may be requested by calling 209-754-5860. The form is also available at all county libraries and for download on the Grand Jury website at http://calaverasgov.us/Departments/AG/GrandJury.aspx Completed forms may be mailed to the above address or faxed to the Grand Jury at 209-754-9047. MEMBERS OF THE 2012-2013 CALAVERAS COUNTY GRAND JURY Nancy Barton, Foreperson Marcy Crawford, Foreperson Pro Tem Marianne Schurawel, Recording Secretary Monique Johnson-Wolfe, Correspondence Secretary John Darroch, Sergeant-at-Arms Fred Arbogast Patricia Enloe Pete Snow Lawrence Barretto Sonia Gomez David Traynor Ron Braidman Jim LeRoy Ann Wathen Joyce E. Dunham Scott Short Kris Wilmot Terry Smith 1. ASSEMBLY BILL 109 AND THE COMMUNITY CORRECTIONS PARTNERSHIP REASON FOR INVESTIGATION Pursuant to Penal Code Section 925 which states in part “...investigations may be conducted on some selective basis each year.” the Grand Jury decided to investigate how Calaveras County's Community Corrections Partnership Committee is functioning under the new Assembly Bill 109.