Gran Jurado del Condado de Humboldt
2007-2008
Hallazgos & Recomendaciones
2 hallazgos
F1:
There is no policy or procedure for annual written job performance evaluations for department heads appointed by the Board of Supervisors.
F2:
There is a lack of clarity among the Board of Supervisors and subcommittees as to who is responsible for evaluation of appointed department heads.
Recomendaciones adicionales
2
No vinculadas a hallazgos específicos.
R1:
The Board of Supervisors adopts policy and procedure for annual written job performance evaluations for all department heads who report to the Board of Supervisors. Policy to include that such evaluation is kept as part of the employee’s permanent personnel file.
R2:
The Board of Supervisors should either conduct regular performance evaluations through a subcommittee of the board or do what is necessary to direct the Chief Administrative Officer to conduct performance evaluations, with the authority necessary to make the process timely and effective. Such direction to include making the evaluations part of the employee’s personnel file. 10
Hallazgos & Recomendaciones
3 hallazgos
F1:
The complaint procedure for the Blue Lake Police Department is not followed.
F2:
Supervision of the chief of police by the city manager, in operation and adherence to Blue Lake Police Department complaint procedure, is inadequate.
F3:
Several Blue Lake City Council members are insufficiently informed of Blue Lake Police Department policies and procedures. GRAND JURY OF HUMBOLDT COUNTY 2007-2008 Final Report
Recomendaciones adicionales
3
No vinculadas a hallazgos específicos.
R1:
The Blue Lake City Council should insure that the Blue Lake Police Department citizen complaint policy is followed by city staff and Blue Lake Police Department personnel.
R2:
The Blue Lake City Council should evaluate the performance of the city manager and determine how the city manager's supervision of the chief of police can be improved.
R3:
All Blue Lake City Council members should familiarize themselves with Blue Lake Police Department policy and procedure. Grand Jury Report # 2008-LJ-02 Martin Frederick Cotton II Executive Summary: This investigation concerns Martin Frederick Cotton II, arrested by Eureka Police Department and housed at the Humboldt County Correctional Facility on August 9, 2007. Cotton died while in custody on the same date. This report focuses on policy and procedure used during Cotton’s arrest, booking, and incarceration. The findings and recommendations cover myriad issues. Who Shall Respond: Pursuant to California Penal Code Sections 933 and 933.05, responses to the Findings and Recommendations of this report shall be provided as follows: The Humboldt County District Attorney shall respond to Finding and
Hallazgos & Recomendaciones
2 hallazgos
F1:
The Grand Jury finds video images of sobering cells may not always be clear.
F2:
The Grand Jury finds there is no procedure to routinely monitor computer use of on-duty correctional officers.
Recomendaciones adicionales
2
No vinculadas a hallazgos específicos.
R1:
The Grand Jury recommends measures be taken to insure clear and adequate images are captured, including but not limited to the cleaning of camera housings between inmate occupancy.
R2:
The Grand Jury recommends periodic and random monitoring of computer use of on-duty correctional officers. Grand Jury Report # 2008-JL-12 Eureka Police Department Who Shall Respond: Pursuant to California Penal Code Sections 933 and 933.05, responses to the Findings and Recommendations of this report shall be provided as follows: No Response Required Report: On September 18, 2007, the Grand Jury conducted an inspection of the Eureka Police Department (EPD) and holding cells. The building, erected in the mid-1980s, is showing age and needs to expand to accommodate the department’s growth. The building is also the location for the EPD communications section. The communication dispatchers work rotating shifts twenty-four hours a day, seven days a week. The department handles all 911 calls for the city. There is an outside phone available for after-hour emergencies. The EPD also provides the following services: patrol, traffic enforcement, animal control, parking enforcement, citizen patrol, records, training, and property/evidence. 34
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Hallazgos & Recomendaciones
6 hallazgos
F1:
Concerning the investigation of Cotton, a perceived conflict of interest exists because two of the three represented agencies on the CIRT were directly involved in the Cotton incident.
F2:
There is a significant population of mentally ill in Humboldt County who often has contact with local law enforcement. GRAND JURY OF HUMBOLDT COUNTY 2007-2008 Final Report
F3:
The video system located in the HCCF sobering cell, which housed Cotton, produced video of poor quality.
F4:
The HCCF sobering cell is primarily constructed of concrete surfaces and is only partially padded.
F5:
The Humboldt County Sheriff Department’s policy and procedure for booking and sobering cell procedures is well written, but may not have been completely followed with regards to Cotton’s last incarceration.
F6:
Eureka Police Department’s policy and procedure may not have been completely followed during Cotton’s arrest.
Recomendaciones adicionales
5
No vinculadas a hallazgos específicos.
R1:
The CIRT should only be comprised of members from uninvolved agencies. Though it is understandable for an involved agency to conduct a parallel investigation, it should not be one of the primary investigating parties. Investigative assistance from outside agencies, such as the California Department of Justice or the Federal Bureau of Investigation, should be used when appropriate to avoid a conflict of interest or perceived conflict of interest.
R2:
The Grand Jury recommends that local law enforcement continues to review and update policy and procedure concerning interacting with mentally ill offenders. Law enforcement should make an effort to maximize their effectiveness in dealing with the mentally ill.
R3:
Correct the video recording system to insure better quality images.
R4:
Upgrade the sobering cell to include padding or redesign of all surfaces where inmates can potentially injure themselves.
R6:
The Grand Jury recommends Eureka Police Department reviews and updates policy and procedure (as necessary), and trains and updates police officers concerning subjects exhibiting bizarre behavior and/or a potential danger to self and/or others. 41
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Hallazgos & Recomendaciones
1 hallazgos
F1:
Economies of scale could be achieved by consolidation of some management elements with local sewer treatment systems.
Recomendaciones adicionales
1
No vinculadas a hallazgos específicos.
R1:
The sewer districts listed in this report should explore the possibility of joint efforts for workable solutions to their common problem of Inflow and Infiltration, including the consolidation of long-term engineering and planning services. Consideration should be given to include all sewer districts within Humboldt County, for the purpose of opening dialogue concerning relative issues. Grand Jury Report # 2008-AH-01 North Coast Rail Authority Who Shall Respond: Pursuant to California Penal Code Sections 933 and 933.05, responses to the Findings and Recommendations of this report shall be provided as follows: No Response Required Report: The Grand Jury studied the North Coast Rail Authority (NCRA) and its operations for two years. In the ensuing investigation, the Grand Jury interviewed NCRA officials, unaffiliated experts in 14 GRAND JURY OF HUMBOLDT COUNTY 2007-2008 Final Report railway operations, geologists, earthquake experts familiar with the Eel River Valley, and others who expressed an interest in NCRA activities. The Grand Jury also reviewed a study1 of the long-term financial feasibility of the proposal to restore the rail line between Willits and Eureka, as well as other internal administrative documents. While NCRA operations are in the four counties of Humboldt, Mendocino, Sonoma, and Marin, this investigation concerned the Eel River corridor. Rail service between Eureka and San Francisco began in 1914. In 1982, the Southern Pacific Railroad started proceedings to abandon the portion north of Willits because of high maintenance costs. Southern Pacific estimated maintenance for that section was two to three times that of their other nationwide operations. In 1984, Southern Pacific sold the northern portion to a new operator, Eureka Southern, who ran the railroad for about two years before declaring bankruptcy in 1986. In 1989, the State of California, not wanting to see the rights to the railroad corridor lost, created the NCRA. The NCRA used state funding to buy Eureka Southern out of bankruptcy. The NCRA contracted with Northwest Pacific Railway to operate the line. Prior to any train operation, the NCRA was required to bring the tracks to a minimum FRA Class I standard, with a maximum freight train speed of ten miles per hour. This report is not intended to argue either side of the public debate on the railroad issue. It is intended to report on facts that arose from the Grand Jury investigation. It should be noted these facts may not bear the same weight in the future as they appear to have today. Conditions and needs change as communities grow and develop. Humboldt County is no exception. As of this date, it has been over ten years since trains traversed the Eel River Valley. Tracks are broken and twisted with large portions of rail bed entirely missing. This condition is due to highly unstable ground throughout the region and lack of maintenance. Local geologists familiar with the area testified that the effects of earthquakes and natural erosion, in the Eel River Valley, are amplified because of particular soil types found there. A 2003 study2 examined the long-term financial feasibility of the Northwestern Pacific Railroad. The study, a thorough examination of anticipated revenues, expenses, and conditions that could produce both, concluded that income generated could not meet expenses over the next twenty- five years. The study did not speculate on operating costs of the railroad. Humboldt County does not give significant money to the NCRA. Supervisor John Wooley's time and effort appears to be the county's only contribution. There is no agreement or plan the county will or will not have financial obligation to the NCRA in the future. It is currently anticipated governmental costs for railroad restoration and operation would be borne by state and federal resources. 1The Long Term Financial and Economic Feasibility of the Northwestern Pacific Railroad, 2003, Parsons Brinckerhoff Quade & Douglas, Inc. 2Ibid. GRAND JURY OF HUMBOLDT COUNTY 2007-2008 Final Report The NCRA proposal to restore the rail line, from Willits to Eureka, depends heavily on the development of Humboldt Bay and its port facilities. It appears these projects go hand in hand and neither would be viable without the other. The Grand Jury did not examine the link between harbor development and railroad restoration. The connection is only mentioned because of its importance. The Grand Jury concluded that the principal objection to the restoration of the rail line is the enormous cost likely to be incurred. Any benefits from such a project would be other than monetary and limited in scope for the foreseeable future. Grand Jury Report # 2008-CC-01 Grand Jury Investigation Frequency Chart Executive Summary: Each fiscal year a new Grand Jury is appointed and sworn. Continuity between past, present, and future juries is essential in the areas of training, function, documentation, and archival processes. One important historical archive the Grand Jury maintains and updates every year is the Grand Jury Investigation Frequency Chart. This year, the Grand Jury streamlined, updated, and digitized the historical and current investigation frequency charts. Who Shall Respond: Pursuant to California Penal Code Sections 933 and 933.05, responses to the Findings and Recommendations of this report shall be provided as follows: No Response Required Report: A perpetual Grand Jury Investigation Frequency Chart is commonly maintained in most counties for quick reference to what a Grand Jury has investigated over the past several years. The Grand Jury of Humboldt County has retained such a record since 1980, though the charts and maintenance processes were somewhat archaic. The 2007-08 Grand Jury streamlined the method used to maintain and update the charts via computer. Frequency data recorded since AD2000 and offered at this time, is based on non- confidential information released in previous reports. It is updated and charted here in a cumulative and comprehensive fashion for informational purposes. Main chart headings are somewhat based on the organization of committees customarily arranged within the jury (committees sometimes investigate matters outside their theme in order to more evenly distribute caseload). Some investigations cross over into more than one committee (or topic) and cannot be compartmentalized. Similarly, one investigative area may have only one check mark under a given year, and that check mark may represent one or several investigations in that area. The chart is not all-inclusive and can be updated with more topics. It should also be noted the civil Grand Jury is free to investigate whatever it chooses within its legal purview, without direction or preference or interference from outside influence (with few 16
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Hallazgos & Recomendaciones
1 hallazgos
F3:
No evaluation of the Chief Administrative Officer is conducted by the Board of Supervisors on a regular basis.
Recomendaciones adicionales
1
No vinculadas a hallazgos específicos.
R3:
Conduct an annual evaluation of the Chief Administrative Officer, at which time goals consistent with the priorities of the board can be established. Grand Jury Report # 2008-AF-03 Office of Emergency Services Who Shall Respond: Pursuant to California Penal Code Sections 933 and 933.05, responses to the Findings and Recommendations of this report shall be provided as follows: No Response Required Report: The Grand Jury reviewed the Office of Emergency Services (OES) and its role in coordination of services and agencies in the event of disaster. Office of Emergency Services The Office of Emergency Services is located in the basement of the Humboldt County courthouse in Eureka. It houses a complete communications center with emergency power to operate in the event of an electrical outage. The equipment is well organized and maintained although working space is limited and there is no room for expansion. The OES director maintains his office at this location and is responsible for daily operations and the coordination of services in the event of disaster. OES is an arm of the sheriff’s department and the resources of that department are available to OES. The sheriff and the OES director are prepared to mobilize emergency equipment and materials county-wide, as necessary. Assistance includes the provision of trained personnel and equipment and taking the lead in coordinating interagency resources. Request for mutual aid from outside the county, such as from the State Office of Emergency Services, are routed through the county OES. The OES offers training by state and federal personnel to maintain expertise and readiness. This includes specific training in communications protocol and the coordination of emergency services. The Department of Homeland Security previously provided resources to OES, including $250,000 for the purchase of a state-of-the-art emergency van known as the Mobile Command Center. This special communications center is controlled by the Humboldt County Sheriff Special Services Department. Several individuals receive mandatory periodic training in the operation of the command center. The Mobile Command Center is available for use by various agencies including law enforcement, fire departments, and the health department. The mobile unit is equipped to operate in remote areas. 11
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Recomendaciones adicionales
1
No vinculadas a hallazgos específicos.
R1:
The City Managers of Arcata, Blue Lake, Eureka, Ferndale, Fortuna, and Rio Dell shall respond to