El Dorado County Grand Jury
2006-2007
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 (10)
Findings and recommendations not yet extracted.
Findings and recommendations not yet extracted.
Findings & Recommendations
4 findings
F1:
Vacancies on the Board of Supervisors / Pre-Charter (prior to 27 December 1994): • 1988-89 Resignation, replaced by Governor Appointment. • May 1990 Resignation, replaced by Special Election.
F2:
Vacancies on the Board of Supervisors / Post-Charter (effective 27 December 1994): • April 2003 Death in Office, replaced in Special Election. • July 2005 Resignation, replaced in Special Election. • July 2006 Vacated involuntarily {California Government Code, Section1770(g)}, replacement by General Election. 2 3. Cost of Special Election • The El Dorado County total cost for the July 2003 Special Election was $43,068.28.
F4:
The Election Process • The California Election Code Book is followed with the steps in a special election as follows: a. The Board of Supervisors calls a special election, by passing a resolution and sending it to the Elections Department. b. The Elections Department publishes that a position is open and the filing period which usually is 118 days to 88 days before the election.
F5:
A Special Charter Commission can be convened at anytime by the Board of Supervisors. Findings/Recommendations: 1F. Finding: In the current El Dorado County Charter, Section 203, the word ‘vacancy’ is defined by the California Government Code. The Office of Supervisor becomes vacant because of death, resignation, recall, permanent disability or the inability of the respective officer to otherwise carry out the duties of the office. A supervisor’s failure to discharge duties represents a fiduciary breach to the citizens of El Dorado County. Recently, a Supervisor ceased to discharge the duties of office, making the office involuntarily vacant after three consecutive months under California Government Code, Section 1770 (g). The El Dorado County Charter does not include an additional standard for a shorter time limitation on the failure to discharge duties in office. 1R. Recommendation: Amend Section 203 of the El Dorado County Charter to include its own criteria, which goes beyond California Government Code, Section 1770 (g), in defining standards on when a vacancy occurs for failure to discharge duties of the office. 2F. Finding: In the current El Dorado County Charter Section 203, the process for filling a vacancy at any time within the supervisor’s term requires a special election, unless occurring within a window of 120 days to 90 days of a scheduled election. This requirement is inefficient for a vacancy which occurs in the last year of a supervisor’s term. This inefficiency imposes cost due to required multiple elections within a year’s period. This requirement also creates an associated inefficiency in the political process by confronting potential special election candidates to make a trade off of campaign cost versus a few months in office for the effort. 2R. Recommendation: Amend Section 203 of El Dorado County Charter to provide a different method, rather than a special election, by which a supervisor vacancy can be filled within the last year of a supervisor’s term. A response is required by the Board of Supervisors within ninety (90) days. Appendix I California County Charter Approaches to Vacancies Alameda Sec. 8: Whenever a vacancy occurs on the Board of Supervisors, the Board of Supervisors shall fill the vacancy, provided that, if it shall fail to fill the vacancy within 60 days following its occurrence, the Governor shall fill the vacancy. The appointee shall hold office until the election and qualification of his/her successor. In such case there shall be elected at the next general election a supervisor to fill such vacancy for the unexpired term, unless such term expires on the first Monday after the first day of January succeeding said election. (Amendment ratified June 3, 1986. In effect August 22, 1986.) Butte Art. II, § 7 Vacancies. Whenever a vacancy occurs in the board of supervisors, the governor shall fill such vacancy by appointment, and the appointee shall hold office until the election and qualification of his successor. Such election shall take place at the next general election at which county officers are elected. The person elected shall hold office for the remainder of the unexpired term. El Dorado 202. Term of Offices. The term of office of supervisor is four years. Board members shall be limited to two consecutive terms. No person elected supervisor may serve as such for more than two successive four year terms. Any person elected to the office of supervisor to complete in excess of two years of a four year term shall be deemed, for the purpose of this section, to have served one full term upon the expiration of that term. No person having served two successive four year terms may serve as a supervisor until at least four years after the expiration of the second successive term in office. Any supervisor who resigns with less than two full years remaining until the expiration of the term shall be deemed, for the purpose of this section, to have served a full four year term. The above shall not disqualify any person from running for election to the Board of Supervisors for any term or terms which are not successive. The term of office commences at noon on the first Monday after the January 1st succeeding their election. The supervisor for each of the First, Second and Third Districts shall be elected in 1996. The supervisor for each of the Fourth and Fifth Districts shall be elected in 1994. [Amended by Charter Amendment ratified November 8, 1994, effective December 27, 1994; Stats. 1994, ch. 18] Amended by Charter Amendment ratified November 4, 2004, effective December 14, 2004, Stats. 2004, ch.16] 203. Filling of Vacancies. Whenever a vacancy occurs in the office of supervisor, the unexpired term shall be filled by election. If the vacancy occurs more than 90 days but less than 120 days before a scheduled primary, general, or special election, involving the district in which the vacancy has occurred, then the election to fill the vacancy shall be consolidated with the scheduled election. If the vacancy occurs more than 120 or less than 90 days before a scheduled primary, general, or special election involving the district in which the vacancy has occurred, then the vacancy shall 4 be filled at a special election called by the Board of Supervisors to take place not less than 90 nor more than 120 days after the vacancy occurs. The special election shall be conducted in accord with the provisions of general state law regarding special elections. The candidate with the highest number of votes shall be elected to fill the unexpired term. [Amended by Charter Amendment ratified November 4,2004, effective December 14, 2004, Stats.2004, ch.16] Fresno SECTION 8. Whenever a vacancy occurs in the Board of Supervisors, it shall be filled as follows: (a) In the event such vacancy occurs in the final year of a term, it may be filled by the unanimous vote of the remaining members, provided there are at least three remaining members, and if they fail for a period for twenty-nine (29) days following the occurrence of such vacancy to make such an appointment, the Governor shall fill the vacancy. (b) In the event such vacancy occurs other than in the final year of a term, the Board of Supervisors shall, without delay, call a special election to fill such vacancy to be held not less than seventy-five nor more than ninety days after the call, provided, however, if an election date as provided in Section 2504 of the Elections Code or similar state law falls not less than seventy- five nor more than one hundred twenty days after the call, such special election shall be consolidated with such election. The person appointed or elected to fill such vacancy shall serve for the remaining unexpired term and until the election and qualification of his successor. A person appointed or elected must be a qualified elector of the district in which the vacancy occurs, must have been a resident of the territory therein for at least thirty (30) days immediately preceding the appointment, or immediately preceding the date or filing nominating papers or equivalent declaration of candidacy for the election for which he is a candidate, and must reside therein during his incumbency. (Amended November 3, 1992). SECTION 8.5. In the event an election is held pursuant to Section 8 of this Charter to fill a vacancy in the Board of Supervisors and at such election no candidate receives a majority of all the votes cast and not less than eighteen months remains of said term of office from the date of the creation of such vacancy, a runoff election between the two candidates who have received the most votes shall be had as soon as may be legal and practical. (Amended June 8, 1976). Los Angeles Section 4, No person shall be elected and qualified for the office of member of the Board of Supervisors if such person has been elected or served in such office for three consecutive terms, commencing with a term of office which begins in December, 2002. The limitation on terms shall not apply to any unexpired term to which a person is elected or appointed if the remainder of the terms is less than one-half of the full term of office.9 Section 8. Whenever a vacancy occurs in the Board of Supervisors the Governor shall fill such vacancy, and the appointee shall hold office until the election and qualification of his successor. In such case, a Supervisor shall be elected at the next general election, to fill the vacancy for the unexpired term, unless such term expires on the first Monday in December succeeding said election. Orange 103. Filling of Vacancies. Notwithstanding any other provision of law, whenever a vacancy occurs in the office of supervisor, the vacancy shall be filled as follows: A. If the vacancy occurs in the first 1095 days of the term of office, the vacancy shall be filled by a vote of the electors of that district at a special election to be called by the Board of Supervisors not less than 56 days nor more than 70 days after the vacancy occurs. If the vacancy occurs within 180 days of a regularly scheduled election held throughout the supervisorial district, the election to fill the vacancy may be consolidated with that regularly scheduled election. The person receiving the highest number of votes in that election shall fill the vacancy. B. If the vacancy occurs within the final year of the term, the vacancy shall be filled by the person receiving the highest number of votes for Supervisor in that district in the March primary election that year. If that person for any reason does not assume the office for the remainder of the term, the Board of Supervisors is hereby authorized to appoint a person to fill the vacancy. If the Board of Supervisors does not make such an appointment within 30 days following the certification of the March primary election results or following the failure of that person to assume the office, whichever comes later, the Board of Supervisors shall call a special election to be held not less than 56 nor more than 70 days thereafter to fill the vacancy. The person receiving the highest number of votes in that special election shall fill the vacancy. Placer Sec. Vacancies. If a vacancy occurs on the Board of Supervisors, it shall be filled by the unanimous vote of the remaining members, and if they shall fail to make such appointment within thirty (30) days of the occurrence of any such vacancy, then such vacancy shall be filled by the Governor; provided that any appointment under this section shall be of a person who for at least thirty (30) days prior to his appointment has been a resident of the supervisorial district in which the vacancy exists. Sacramento SECTION 7. VACANCIES. For the purpose of this Section, a vacancy on the Board of Supervisors occurs whenever an incumbent files a resignation with the Clerk of the Board, dies, or becomes ineligible to hold the office for any reason. A resignation, once filed, may not be withdrawn. For the purpose of filling the vacancy pursuant to this Section, a resignation shall be deemed to cause a vacancy immediately on the date the resignation is filed, irrespective of whether a deferred effective date is specified in the resignation. Any such deferred effective date shall not be later than the 30th day following the date on which the resignation is filed. If a later date is specified, the resignation shall be deemed to be effective on the 30th day after the resignation is filed. Whenever a vacancy occurs on the Board of Supervisors, it shall be filled as provided in this Section. (a) If a vacancy occurs during the first 730 calendar days of a term of office, the vacancy shall be filled by a special election. Within ten days after the vacancy occurs, the Registrar of Voters shall select and announce a date for a special primary election and a date for a special run-off election to be used if a run-off election is necessary. The Registrar of Voters shall also select and 6 announce a final filing date for filing to be a candidate, which date shall provide for at least ten days advance notice thereof. The election dates selected shall be the earliest administratively feasible dates available; provided, that the date for the special primary election shall not be more than 60 days after the vacancy occurs and the special run-off election date shall not be more than 28 days after the special primary election date. Except as provided in this Section, the special election shall be conducted in accordance with State law applicable to regular supervisorial elections. If a candidate receives a majority of the votes cast at the special primary election, that candidate shall be elected for the remainder of the term of office. If no candidate receives a majority of the votes, the names of the two candidates receiving the most votes shall be placed on the ballot for the special run-off election at which the candidate receiving the most votes shall be deemed elected for the remainder of the term of office. (b) If a vacancy occurs during or between the 731st and the 1,095th calendar days of a term of office, the vacancy shall be filled for the remainder of the term by appointment by the Board of Supervisors. If within thirty calendar days following the date on which the vacancy occurs an appointment has not been made, the vacancy shall be filled by special primary and run-off elections scheduled in accordance with the procedures and in the manner prescribed by paragraph (a), above; provided that the times within which the elections must be scheduled shall be 90 days after the vacancy occurs for the special primary election, and not more than 28 days after the special primary election for the special run-off election. (c) If the vacancy occurs during or between the 1,096th and 1,399th calendar days of a term of office, the vacancy shall be filled by appointment by the Board of Supervisors. If the Board of Supervisors fails to make an appointment, the vacancy shall be filled by the person elected for the succeeding term at either the June primary or November general election, who shall serve both the remainder of the unexpired term and the next succeeding term for which the person was elected. (d) If the vacancy occurs during or between the 1,400th and 1,460th calendar days of a term of office, the vacancy shall be filled by the person elected for the next succeeding term at the June primary or November general election, who shall serve both the remainder of the unexpired term and the next succeeding term for which the person was elected." San Bernardino SECTION 7. A supervisor may be removed from office in the manner provided by law. Any vacancy in the office of supervisor will be filled by appointment by majority vote of the remaining members of the Board from amongst the qualified electors of the supervisorial district in which such vacancy exists. The appointee shall hold office until the election and qualification of his successor. An ejection shall be held to fill the vacancy for the unexpired term at the next general election unless the term expires on the first Monday of December next succeeding the election. Nomination and election of a supervisor for the unexpired term shall be by district in like manner as hereinbefore provided for such officer. In the event the Board of Supervisors shall not appoint to fill a vacancy within a 30-day period, such appointment shall be made by the Governor. San Diego Section 401.4: In the event a vacancy occurs in the office of supervisor the remaining members of the Board shall within thirty (30) days of the vacancy fill tie vacancy either by appointment for the unexpired term, by appointment until the qualification of a successor elected at a special 7 election or by calling a special election If the remaining members of the Board fail to fill the vacancy within such thirty (30) day period, the remaining members of the Board shall immediately cause a special election to be held to fill such vacancy. A special election to fill a vacancy in tie office of Supervisor shall consist of a special primary election and if necessary, a special general election. A special primary election shall be held in the Supervisorial district in which the vacancy occurred on a Tuesday, at least 56 days, but not more than 63 days, following the adoption of the resolution calling the special election, except that any such special primary election may be conducted within 180 days following the adoption of such resolution in order that the special primary election or special general election may be consolidated with the next regularly scheduled statewide election Candidates at the special primary election shall be nominated in the manner set forth in the Elections Code for tie nomination of candidates for a nonpartisan office for a direct primary election, except that nomination papers shall not be circulated prior to the adoption of tie resolution calling the special election and shall be filed with the Registrar of Voters for examination not less than 39 days before the special primary election If only one candidate qualifies for the special primary election, that candidate shall be appointed to the vacancy by the remaining members of the Board for the unexpired term, shall serve exactly as if elected to such vacancy, and no special primary election or special general election to fill the vacancy shall be held. A candidate who receives a majority of all votes in the special primary election is elected to fill the vacancy for the unexpired term, and no special election shall be held. In the event here are no more than two candidates for a vacancy, the office shall be voted upon at the special primary election, and no special general election shall be held. When no candidate receives a majority of all votes in the special primary election, a special general election shall be held on the fourth Tuesday after the special primary election The two candidates who received the highest number of votes in the special primary election shall be the candidates in the special general election, and the one who receives the higher number of votes in the special general election is elected to fill the vacancy for the unexpired term. In a special election to fill a vacancy in the office of supervisor, the Board may authorize either the special primary election or the special general election, or both, to be conducted wholly by mail, provided that the special primary election or the special general election to be conducted by mail does not occur on the same date as the statewide election with which it Ins been consolidated. In no event may a special primary election or a special general election be conducted on the day after a state holiday. (Repealed and new Section 401.4 added, effective 12- 17-82) (Amended, effective 8-7-86) San Francisco SEC. 13.101.5. VACANCIES. (a) If the office of Assessor-Recorder, City Attorney, District Attorney, Public Defender, Sheriff, Treasurer, or Member of the Board of Supervisors, Board of Education or Governing Board of the Community College District becomes vacant because of death, resignation, recall, permanent disability, or the inability of the respective officer to otherwise carry out the responsibilities of the office, the Mayor shall appoint an individual qualified to fill the vacancy under this Charter and state laws. (b) If the Office of Mayor becomes vacant because of death, resignation, recall, permanent disability or the inability to carry out the responsibilities of the office, the President of the Board 8 of Supervisors shall become Acting Mayor and shall serve until a successor is appointed by the Board of Supervisors. (c) Any person filling a vacancy pursuant to subsection (a) or (b) of this Section shall serve until a successor is selected at the next election occurring not less than 120 days after the vacancy, at which time an election shall be held to fill the unexpired term, provided that (1) if an election for the vacated office is scheduled to occur less than one year after the vacancy, the appointee shall serve until a successor is selected at that election or (2) if an election for any seat on the same board as the vacated seat is scheduled to occur less than one year but at least 120 days after the vacancy, the appointee shall serve until a successor is selected at that election to fill the unexpired term. (d) If no candidate receives a majority of the votes cast at an election to fill a vacated office, the two candidates receiving the most votes shall qualify to have their names placed on the ballot for a municipal runoff election at the next regular or otherwise scheduled election occurring not less than five weeks later. If an instant runoff election process is enacted for the offices enumerated in this Section, that process shall apply to any election required by this Section. (Added November 2001) San Mateo 203, Vacancies If a vacancy occurs on the Board of Supervisors, the Board shall, within 30 days of the effective date of the vacancy, either make an appointment or order the calling of a special election to fill the vacancy. If the Board does not make an appointment or call a special election within 30 days, the county officer responsible for conducting elections shall immediately order a special election to be called to fill the vacancy. The special election shall be held not less than 102 days and not more than 131 days from the order called the election, except that it may be held on an election date regularly established by general law if that date falls within 270 days from the order calling the special election. The election shall be conducted pursuant to the general law governing the direct primary so far as applicable, except the county officer responsible for conducting county elections may prescribe the periods for securing signatures in lieu of a filing fee, for circulating and filing nomination papers, for publishing the notice of election and for applying for absentee ballots. The candidate receiving the highest number of votes is elected for the remainder of the term. Santa Clara Section 203.2 Whenever a vacancy occurs in the office of supervisor, the vacancy shall be filled by appointment by the Board of Supervisors, or, alternatively, by an election called by the Board. If the appointment or call for an election is not made within 45 days from the occurrence of the vacancy, the Governor shall make the appointment. If the Board calls for an election, the primary election date shall be within 120 days after the vacancy occurs and the date for the run-off, if necessary, shall be not more than 56 days thereafter. if a candidate receives a majority of the votes cast at the special primary election, that candidate shall hold office for the remainder of the term. If no candidate receives a majority of the votes, the names of the two candidates receiving the most votes shall be placed on the ballot for the run-off election at which the candidate receiving the most votes shall be elected to the office for the remainder of the term. If the Board makes an appointment, the appointee shall hold office until the election and qualification of the successor. The election of a supervisor to fill an unexpired term shall be held at the next direct primary or general election in each even-numbered year, whichever occurs first. No such election shall be held within 180 days of the occurrence of the vacancy nor within the year preceding the year in which the term expires. The candidate having the highest number of votes shall be elected. Section 203: Amended and ratified by the Voters November 2, 1982; November 4, 1986; November 5, 1996; June 2, 1998. Tehama Did not respond with a copy of their charter. Appendix II LEXSTAT CA GOV CODE 1770 DEERING’S CALIFORNIA CODES ANNOTATED Copyright (c) 2005 by Matthew Bender & Company, Inc. a member of the LexisNexis Group. All rights reserved. *** THIS DOCUMENT REFLECTS ALL URGENCY LEGISLATION ENACTED *** THROUGH 2006 CH. 5, APPROVED 1/30/06 *** GOVERNMENT CODE TITLE 1. GENERAL DIVISION 4. Public Officers and Employees CHAPTER 4. Resignations and Vacancies ARTICLE 2. Vacancies GO TO CALIFORNIA CODES ARCHIVE DIRECTORY Cal Gov Code 1770(2006) § 1770. Events causing vacancy in office An office becomes vacant on the happening of any of the following events before the expiration of the term: (a) The death of the incumbent. (b) An adjudication pursuant to a quo warranto proceeding declaring that the incumbent is physically or mentally in capacitated due to disease, illness, or accident and that there is reasonable cause to believe that the incumbent will not be able to perform the duties of his or her office for the remainder of his or her term. This subdivision shall not apply to offices created by the California Constitution nor to federal or state legislators. (c) His or her resignation. (d) His or her removal from office. (e) His or her ceasing to be an inhabitant of the state, or if the office be local and one for which local residence is required by law, of the district, county, or city for which the officer was chosen or appointed, or within which the duties of his or her office are required to be discharged. (f) His or her absence from the state without the permission required by law beyond the period allowed by law. (g) His or her ceasing to discharge the duties of his or her office for the period of three consecutive months, except when prevented by sickness, or when absent from the state with the permission required by law. (h) His or her conviction of a felony or of any offense involving a violation of his or her official duties. An officer shall be deemed to have been convicted under this subdivision when trial court judgment is entered. For the purposes of this subdivision, ‘trial court judgment” means a judgment by the trial court either sentencing the officer or otherwise upholding and implementing the plea, verdict, or finding. (i) His or her refusal or neglect to file his or her required oath or bond within the time prescribed. (j) The decision of a competent tribunal declaring void his or her election or appointment. (k) The making of an order vacating his or her office or declaring the office vacant when the officer fails to furnish an additional or supplemental bond. 11 (1) His or her commitment to a hospital or sanitarium by a court of competent jurisdiction as a drug addict, dipsomaniac, inebriate, or stimulant addict; but in that event the office shall not be deemed vacant until the order of commitment has become final. I NOTICE TO RESPONDENTS I For the assistance of all Respondents, Penal Code Section 933.05 is summarized as follows: I How to Respond to Findings 1 The responding person or entity must respond in one of two ways: I 1. That you agree with the finding.
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Findings & Recommendations
10 findings
F1:
The Police Department does not have a meeting room. Due to the lack of space, a small squad room is used and it is too small to accommodate staff.
F2:
The existing “eye care station” is deficient because an inadequate water supply and the space around the eye care station is severely limited.
F3:
Furniture is stored in a hallway.
F4:
There are areas within the building that are not protected by the fire sprinkler system.
F5:
Fire extinguishers have not been serviced in years.
F6:
The heating, ventilation and air conditioning (HVAC) system is not working well. Portable fans are being used to help move air throughout the facility.
F7:
There are broken or damaged ceiling tiles in a number of locations within the facility.
F8:
Water pressure throughout the facility is inadequate.
F9:
The signage identifying the location of the City of Placerville, Police Department is inadequate.
F10:
There are no emergency evacuation plans posted in this facility.
Findings & Recommendations
5 findings
F1:
Fire extinguishers have not been serviced as required.
F2:
There are no Emergency Evacuation Plans posted in this facility. 29
F3:
The Computer Room does not have appropriate temperature control and monitoring equipment.
F4:
The location and design of the reception area does not lend itself to these requirements.
F5:
Departments and Sections within the facility do not have signs that identify their locations.
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Findings & Recommendations
2 findings
F1:
Marble Mountain CSD Board of Directors did not fulfill their fiduciary duty by awarding contracts according to law, California Government Code Section 20682.5.
F2:
The Marble Mountain CSD Board of Directors is not aware of the statutes in regard to ethics as required by California Government Code Section 1090-1099.
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Findings & Recommendations
2 findings
F1:
The BOS indicated that the recommendation pertaining to the maintenance and reconciliation of funds would result in an annual review of El Dorado County Trust Funds now maintained as Countywide Special Revenue Funds. A subsequent inquiry by the 2006-2007 Grand Jury to the County Administrative Officer (CAO) and the Auditor Controllers Office indicated that the BOS did not follow-up on their commitment to the 2003-2004 Grand Jury Report. 1a. Recommendation: The CAO should provide guidelines that will assist County departments in the management of Special Revenue Funds and in the preparation of uniform reports. 1b. Recommendation: The CAO should establish due dates for the Department Special Revenue Fund Reports. 2. Fact: Effective management of Countywide Special Revenue Funds involves two major components associated with each account: 1. the budget component: tracking revenue and expenditures 2. the program or project component: tracking the accomplishment of activities. Comprehensive and coordinated monitoring of above components is essential to effective management.
F2:
In some instances current tracking methods are inadequate.
Findings & Recommendations
3 findings
F1:
The Advisory Committee is currently composed of four members: three current and past recipients and one community member. 1a. Recommendation: Publicize the Advisory Committee in areas of senior assemblage in order to encourage awareness and participation in the committee. 1b. Recommendation: Solicit membership through a broader range of notices, e.g. utilize civic organizations, church groups, local and metropolitan newspapers, public service announcements via radio and TV, insertion in mailings of public utilities, etc.
F2:
There is difficulty in recruiting membership in the Advisory Committee. (cid:131) The work schedule of the providers may not allow sufficient time to attend meetings, or, respite care is not available to them. (cid:131) Recipients may not have the resources available to facilitate attendance at meetings. (cid:131) Community volunteers have expressed discouragement and confusion about their role in the Committee and the role of the Committee. 2a. Recommendation: Provide respite care for providers. 2b. Recommendation: Provide transportation, as needed, for recipients to participate in Advisory Committee meetings. 2c. Recommendation: Hold meetings at locations where eligible recipients/providers congregate. 2d. Recommendation: Utilize conference calling for meetings as needed. 6 2e. Recommendation: Clearly define the role and responsibility of the Advisory Committee to its members.
F3:
The IHSS PA is responsible for securing membership in the Advisory Committee.
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Findings & Recommendations
28 findings
F1:
The wood decking on the bridge is deteriorating and is slippery when wet.
F2:
The stairway from the main entrance leading to the atrium is inadequately lighted.
F3:
The building tower is 34 years old and has deteriorated to the point that failure is imminent.
F4:
Carpets are worn throughout the building.
F5:
Water stains appear on shingles inside and above entryway of the building. There is grey mold on bricks leading to the basement.
F6:
There is an ongoing problem with a toilet in this facility being stopped-up.
F7:
Temperature control throughout the building is inconsistent. The Recorder’s office had the door to the parking lot wide open for ventilation even though it is not a regular entrance door and the alarm warning light was flashing.
F8:
Emergency evacuation signs are posted in a few offices, most did not have any.
F9:
One fire extinguisher has not been checked since September 2006 and others not checked since January 2007. Fire extinguishers in hallways were locked and could not be checked. Locked fire extinguishers can not be easily accessed in an emergency.
F10:
The entryway floor surface is uneven.
F11:
There is no lock on the door at the end of the hall leading to an area housing the janitorial equipment. Additionally, there is no lock on the door leading to an electrical and HVAC room.
F12:
Heating and air conditioning temperatures are maintained at an uncomfortable level.
F13:
Emergency evacuation signs are not prominently posted.
F14:
There is no maximum capacity sign posted in the library meeting room.
F15:
Exit signs are not clearly visible.
F16:
Heat and air conditioning temperatures are maintained at an uncomfortable level.
F17:
There is evidence of water leaking through the roof.
F18:
Mice are a periodic problem.
F19:
Direction signs to the building are negligible.
F20:
A serious noise problem exists in the reception area.
F21:
Carpets on second floor are buckled and duct taped in some areas.
F22:
The mens restroom fan in Department Three is not functioning.
F23:
No evacuation signs exist.
F24:
There are no exit signs in the second floor hallway.
F25:
There is evidence of water leaking through the roof.
F26:
Courtrooms do not accommodate wheel chairs.
F28:
Infectious materials are frequently found in the Courthouse parking lot.
F29:
There is no secure holding cell.
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Additional Recommendations
8
Not linked to specific findings.
R1:
Status of Compliance with Wraparound Program Requirements Recommendations Summary of Findings: Many of the recommendations from the January 2006 Wraparound (cid:137) program audit pertaining to compliance with Wraparound Program requirements have been implemented or partially implemented. Improvements have been achieved in the areas of management oversight and tracking and reporting of program participants and costs. Audit recommendations still needing to be implemented are management (cid:137) establishment of annual program goals, objectives and operational guidelines and conduct of annual evaluations of program outcomes and cost-effectiveness. The Department of Human Services has not yet conducted its first evaluation of the program yet but is planning to conduct Harvey M. Rose Associates, LLC i Executive Summary one at the conclusion of FY 2006-07 and provide it to the Board of Supervisors in the first quarter of FY 2007-08. As demonstration of the need for program evaluation and Interagency (cid:137) Advisory Council involvement in setting annual goals, objectives and operational guidelines, 25 percent of participants exiting the program in the last year have been placed in group homes and 22 percent left because the family chose to withdraw. Since these two reasons for departure account for nearly half the program exits, they should be analyzed by program staff and used to determine if changes in program protocols are needed or if this is an acceptable rate of program completion given the population served. Graduations from the Wraparound program also need to be more fully (cid:137) defined and reported on so that County managers and the program’s Interagency Advisory Council understand the outcomes of the youths who have participated in the program. 2007 Recommendations The Board of Supervisors should: 1.1 Direct the Interagency Advisory Council to immediately establish measurable Wraparound program goals, objectives and outcome measures and methods for regularly monitoring and evaluating those goals and measures including an assessment of the reduction in number of group home placements resulting from the program, to ensure that is operating effectively and cost efficiently and to be reported annually to the Board of Supervisors. 1.2 Direct the Interagency Advisory Council to conduct some short-term, focused evaluation as soon as possible requiring staff to report on current program outcomes including an analysis of the 43.8 percent graduation rate through January 2007 and to provide details on graduations and other exits by reason such as group home placements, stabilization of family situation, child arrested, child terminated from dependency, etc. 1.3 Direct the Interagency Advisory Council to continue current efforts to measure family satisfaction with the Wraparound program so that these results can be included in annual program evaluation reports, the first of which will be presented to the Board of Supervisors by the Department of Human Services in the first quarter of FY 2007-08. 1.4 Direct the Interagency Advisory Council to identify specific characteristics about the Wraparound program target population for internal management purposes and for inclusion in the first annual evaluation report to be prepared for the Board of Supervisors in the first quarter of FY 2007-08. Harvey M. Rose Associates, LLC ii Executive Summary 1.5 Direct the Interagency Advisory Council to prepare an analysis for the Board of Supervisors regarding why six Wraparound program service allocation slots are sufficient relative to total need of the program’s target population in the County.
R2:
Status of Wraparound Program Fiscal Management Recommendations Fiscal management and reporting for the Wraparound program has (cid:137) improved substantially since the January 2006 audit. The Department of Human Services has assumed the fiscal management role for the program and maintains an up to date database of expenditures and revenues and program participants, all of which is reported regularly to the program’s Interagency Advisory Council. All six service allocation slots have been close to full for the first half of FY 2006-07 which maximizes state and County revenue available for the program. Budgeted and actual expenditures and revenues for the current fiscal year appear to be more closely aligned than they were in the years reviewed for the January 2006 audit. The $173,244 in unspent program funds identified in the January 2006 (cid:137) audit is still largely unspent. In fact, the amount has increased to approximately $247,775 due to the collection of subsequent revenues in excess of expenditures and the discovery of approximately $50,000 in previously unreported revenue by the Department of Mental Health. Though protocols are now in place for determining how these surplus funds will be spent, and most of the funds have been committed for contract services, the rate of expenditure for these services has been slow, with only $15,467 of the $247,775 spent. County staff point out that the County contracting process contributes to the time it has taken to expend these funds. Most of the planned uses of program surplus funds are for parent/staff (cid:137) trainings and services such as foster parent respite and transitional housing services that could also be provided directly to program participants if, consistent with the Wraparound program approach, that is what participant teams identified as most beneficial to them. But for the most part the program does not provide services to participants other than those offered by the Department of Mental Health and its contractors. The availability of a broader array of services such as tutoring, job training for youth and parents, substance abuse counseling, private mental health clinicians, parent coaching and others should be made know to program participants rather than only services planned and provided by County officials. Program funding is flexible and can also be used for services provided by other County departments, the private sector or community organizations. 2007 Recommendations Harvey M. Rose Associates, LLC iii Executive Summary The Board of Supervisors should: 2.1 Direct the Interagency Advisory Council to consider using a portion of the surplus program funds available to enhance or replace direct services provided to participants by the Department of Mental Health and their contractors and to report back to the Board of Supervisors a timetable regarding planned expenditure of the surplus funds to ensure that services are provided within the next six months in a way that is most beneficial to youth at risk of group home placement as a first priority, and, second, to children’s services in general. 2.2 To ensure that Wraparound program parameters are clearly communicated to participants, their families and teams, direct the Interagency Advisory Council to include information in the “Family Guide to Wraparound Care in El Dorado County” document that funding is available for emergency support of necessities and for non-County services such as private clinician services, private lessons and fees for clubs and extracurricular programs, if determined to be in the best interests of the child.
R3:
Status of Wraparound Program Records Recommendations Accurate staff time records were not in place for a number of the (cid:137) Wraparound program years reviewed for the January 2006 audit, resulting in charges to the program funds that were lower than actual costs. There were no records kept on the basis for which non-revenue generating children were admitted to the program. These records are now being maintained by the Departments of Mental Health and Human Services. The January 2006 audit found that youth participating in the program were (cid:137) not always receiving the clinical mental health services specified in their plans and it was recommended that Wraparound program managers identify program capacity each year to enable the development of realistic service plans. These comparisons are no longer possible as the Department of Mental Health has discontinued specifying hours of services to be provided in their mental health service plans, making it difficult for program managers to determine staff utilization and to assess if more children can be accepted in to the program. The range of services and funding available to children and families (cid:137) participating in the program are not publicly documented. Since a key tenet of the Wraparound approach is for participant teams to determine the services that best meet their needs, written information should be provided to participants in addition to oral representations at team meetings to document the flexibility in types of services and funding that can be made available. 2007 Recommendations 3.1 Direct the Department of Human Services to modify its “Family Guide to Wraparound Care in El Dorado County” and other Wraparound program literature to make clear the wide variety of services available to participants and their Harvey M. Rose Associates, LLC iv Executive Summary families and that it is the family team’s choice, not that of County officials, about who provides needed services. 3.2 Direct the Department of Human Services to prepare a Wraparound program capacity analysis to estimate the level of Wraparound services that can be provided through the program through County, contractor and community-based services providers. 3.3 Direct the Department of Human Services to combine the capacity analysis with the recommended target population analysis to determine if there is a need and opportunity to expand the program to ensure that services are available for and accessible to all County youth at risk of group home placement. Harvey M. Rose Associates, LLC v Executive Summary Feedback from the Departments of Mental Health and Human Services Both the Departments of Mental Health and Human Services reviewed and provided comments and feedback on a draft version of this report. The Department of Mental Health had several comments, corrections and suggestions for changes. The Department of Human Services (DHS) provided a 20 page response with 104 concerns. Some of those concerns were typographical errors, requests for clarifications or other matters that have been addressed in this version of the report. A number were of a broader nature and with which we have some fundamental disagreement, as follows.
R4:
2 from the January 2006 audit included a provision that Wraparound program managers should prepare written procedures regarding eligibility and services offered to children receiving services with Wraparound funding but not assigned to service allocation slots. Eligibility criteria and services for these participants is now included in the Wraparound program plan document since there is no distinction made between the two groups according to representatives of the Department of Human Services. What is still needed for participants, whether revenue generating or not, and their family teams is a documented list of services, or examples of services, and service providers available to families participating in the program. As discussed in the previous section, most services now provided to participants, whether in service allocation slots or not, are provided by the Department of Mental Health and its contractors. While these are undoubtedly very valuable services and should be continued as a key part of the program, one of the tenets of the Wraparound program is that the participants and their family teams should be determining the services that will best meet their needs and help them achieve their goals. The Wraparound program tenets should be codified and communicated to participating families in official written program documents such as the County’s new “Family Guide to Wraparound Care in El Dorado County” and examples should be provided of services that could potentially be made available to make it clear that the participants do not have to rely entirely on services provided by the Department of Mental Health or other County departments only. The document currently describes how family needs should be identified in the Wraparound planning process. What could be more clear is that those services or needs can be addressed by County service providers or others and that the decision about how the services are provided is up to the family teams.
R5:
Number of psychiatric hospital admissions by Wraparound program participants.
R6:
Number of participating families reporting satisfaction with program and services received.
R7:
Measures of performance at school such as attendance. These measures would allow the Interagency Advisory Council to better assess the Wraparound program’s overall effectiveness and to assess whether interventions or program changes are needed in terms of staff training, new procedures or other measures to achieve other outcomes. As noted in the discussion of Recommendations 2.3 and 2.4 in the Status of Recommendations table above, state law calls for counties to assess their Wraparound program participating families’ satisfaction with the program as well as the program’s overall accessibility to its target population. The Department of Human Services (DHS) has recently developed a Wraparound program family satisfaction questionnaire that, starting in November 2006, it has been distributing to participant families upon exiting the program asking them to assess program services and staff. As of the writing of this report, only nine families have exited the program and returned a completed questionnaire so it is too early to draw any conclusions about overall family satisfaction with the program and services provided. DHS staff report that it is not always easy to get family members to respond to the questionnaires and to provide honest answers or criticisms to the County when they are in the middle of receiving services. The Department will need to continue to request families’ responses to these questionnaires Harvey M. Rose Associates, LLC 11
R14:
Funding is provided for these six slots by the State and County on a formula basis at the same level as would be provided for group home payments for these youth. To the extent the funding provided for these six youths exceeds the actual cost of services provided to them, which so far has always been the case, the remaining funds are used to provide services to other youth at risk of group home placement but whose risk is determined by the County to be not as imminent as those assigned to the six County “slots”. This arrangement, allowed by the State, enables the County to provide Wraparound services to more than the six youth in the County’s designated slots. In fact, there are more youths participating in the program in non-revenue generating slots than in revenue generating slots. In FY 2006-07 through mid-January 2007, there were a total of eight youths assigned to the six service allocation slots and 29 youths had been assigned to non-revenue generating slots. While inclusion of youths other than those eligible for the service allocation slots in the Wraparound program is a good example of the County’s ability to leverage program funding, it raises the question of the adequacy of the number of County service allocation slots since some of non-revenue generating children actually meet the slot criteria but can’t fill a slot until there is a vacancy. Though their situations may be less severe than those of the youth assigned to the service allocation slots, this indicates that there are more at-risk youth in the County than those filling the six slots. By increasing the number of program slots, the County would be eligible for additional funding to use for these and other at-risk youth. It should be noted that any increase in the number of slots would also increase County costs as the County is responsible for 60 percent of the revenue per slot generated by the program; the State pays the other 40 percent. California Welfare & Institutions Code §18252(a) Harvey M. Rose Associates, LLC 12