Gran Jurado del Condado de Imperial
2007-2008
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Hallazgos & Recomendaciones
8 hallazgos
F1:
Despite budget cuts by the State, Calipatria State Prison is reportedly operating very efficiently and effectively.
F2:
Unlike many other prisons in the California Department of Corrections and Rehabilitation, overcrowding of inmates is not a problem at the Calipatria facility.
F3:
There were no escapes during the past year. 25
F4:
Levels of violence, including both staff assaults and inmate assaults have decreased over the past two years.
F5:
The administration has worked diligently to bring order and control to the facility. A major focus has been on reducing gang-related violence and increasing the level of vocational and academic programming at the institution. Emphasis has been placed on supporting programs that are relevant to employment opportunities on the street and help offenders reintegrate back into society.
F6:
Morale among staff is reportedly high. Several staff members attribute this to the arrival of the Warden two years ago and changes in some prison policies and procedures.
F7:
The Acting Warden retired as Warden of Calipatria State Prison last year, but he has returned in an acting capacity until May 2008.
F8:
The facilities examined during the tour were clean and well organized.
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Hallazgos & Recomendaciones
10 hallazgos
F1:
Centinela State Prison is reportedly operating efficiently and effectively.
F2:
Like many other prisons in the California Department of Corrections and Rehabilitation, overcrowding of inmates is a problem at the Centinela facility. Dormitory style beds (called e-beds or ugly beds) are used in the common areas of seven housing units to provide sleeping and living quarters for approximately 280 inmates. These beds are not in conventional cells and pose special safety and security challenges for correctional staff. Prison officials anticipate deactivating the e-beds during the coming year. In addition, the prison uses two former gymnasiums on two yards to house approximately 27 120 inmates in dormitory style settings. Officials anticipate that these facilities also will be deactivated by the end of 2009.
F3:
During the past twelve months, about 135 inmates were released to Imperial County from Centinela State Prison. The majority of these inmates consisted of Parole Violators With a New Term (PVWNT) who had their parole revoked, were resentenced, and finally released again from prison. Prison officials estimate an additional 120 inmates will be released into Imperial County over the next twelve months.
F4:
There were no escapes or escape attempts during the past year.
F5:
There were no suicides, but there were three suicide attempts during the past year.
F6:
In 2007, there were 33 incidents of battery on staff and 130 incidents of battery on inmates.
F7:
The recent establishment of a Fabric Products manufacturing operation run by Prison Industries exemplifies the prison’s efforts to provide productive and meaningful rehabilitative programs for inmates. This practical program employs 38 inmates and produces approximately 2,200 men’s boxer shorts per day which it supplies to prison facilities throughout California.
F8:
Morale among staff is reportedly high.
F9:
The facilities examined during the tour were clean and well organized.
F10:
Prison administrators are proud of their relationship with the Imperial County community. Many of the prison’s employees are from the county, and many who have come to the area because of their employment have chosen to make it their home. Prison officials expressed a strong interest in working with the Imperial County community.
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Hallazgos & Recomendaciones
7 hallazgos
F1:
No specific mission statement for the Fire Department was available for review or known to exist. It functions under the City’s general mission statement.
F2:
The City is experiencing rapid growth in population and residential and commercial development. The Department handles anywhere from 4200 to 4400 calls for services per year. The majority of these calls are requests for medical assistance. The medical aid 8 runs make up about eighty-five percent of the calls received. The Department has ten firefighters per day on duty per shift to handle emergency calls and the daily operations. They are supported by two front-line fire engines, one aerial ladder truck, and four ambulances.
F3:
The growth in development, particularly housing development in the northeast part of Calexico, has resulted in difficulty adhering to National Fire Protection Association (NFPA) standards for response time. The locations of the two existing stations make it difficult to respond to emergencies in these new developments in a timely manner.
F4:
The equipment is regularly maintained by the firefighters and the City’s maintenance shop. The station and apparatus (fire engines) appeared to be clean and in good shape. The City provides the required safety gear and equipment.
F5:
The firefighters feel that they are being offered and given the required training and education to carry out their duties. Much of the training is either mandated by the city or by state regulations. The firefighters take much of the training on their own initiative. A state fire officer certificate is required for any firefighter looking to promote to a captain position. A fire officer certificate entails taking eleven 40 hour fire courses and a obtaining a letter from the chief attesting that the firefighter has served in the capacity of a fire officer in the department for at least one year.
F6:
The interim fire chief stated that the Department is short-handed by a least twelve firefighters according to the NFPA standard of providing one firefighter for every one thousand residents. The daily influx of commuters and visitors sharply increases the population of the city and the number of emergency calls, further exacerbating the manpower problem.
F7:
Interviewees reported that the morale of the Department is on the rise since the appointment of an interim fire chief. One weakness reported was the lack of consistent standard operating procedures and the lack of written standard operating procedures. Under the interim chief’s direction, policies and procedures for departmental operations are being rewritten or newly written. Department personnel reported they were excited and happy with the new road map that is being laid out by the interim chief. They also reported that they feel their ideas are being heard and well received. The majority of personnel appear to embrace change and welcome its challenges. 9
Recomendaciones adicionales
3
No vinculadas a hallazgos específicos.
R1:
City officials should examine the firefighter manpower needs of the city to ensure that the Fire Department meets NFPA standards and that adequate protection is afforded to the Calexico public.
R2:
They should examine the need for building and staffing at least one, and perhaps two, new fire station(s) to cover the city’s growing population and the geographically expanding housing developments.
R3:
The city should recruit a permanent fire chief as soon as possible in order to help the Fire Department respond to the pressing issues and problems that it presently faces.
Recomendaciones adicionales
2
No vinculadas a hallazgos específicos.
R1:
No minor should serve on a committee to select a City employee.
R2:
The hiring practices of the City of Calexico need to be re-examined and official procedures and protocols adopted.
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Hallazgos & Recomendaciones
12 hallazgos
F1:
The Calexico Police Department followed its standard procedures in referring the Complainant to the Imperial County Sheriff’s Office.
F2:
The Imperial County Sheriff’s Office could have served the Restraining Order, but not on the day requested by the Complainant.
F3:
The Restraining Order was served.
F4:
The husband attended the Court Hearing on Wednesday, February 27, as ordered in the Restraining Order.
F5:
The judge directed the husband to surrender any weapons to the proper authorities.
F6:
The murder-suicide happened that day, shortly after the conclusion of the Court Hearing.
F7:
The Calexico Police Department followed its standard procedures in referring the Complainant to the Imperial County Sheriff’s Office.
F8:
The Imperial County Sheriff’s Office could have served the Restraining Order, but not on the day requested by the Complainant.
F9:
The Restraining Order was served.
F10:
The husband attended the Court Hearing on Wednesday, February 27, as ordered in the Restraining Order.
F11:
The judge directed the husband to surrender any weapons to the proper authorities.
F12:
The murder-suicide happened that day, shortly after the conclusion of the Court Hearing.
Recomendaciones adicionales
3
No vinculadas a hallazgos específicos.
R1:
The City should work toward seeking and obtaining additional revenue to better staff the Police Department.
R2:
The parking lot would benefit from being repaired and resurfaced. A carport shade structure should be considered to protect department vehicles.
R3:
The City should purchase and install a flagpole for the Department.
Hallazgos & Recomendaciones
5 hallazgos
F1:
And assembles and audits the budget
F2:
And collects the water bills
F3:
And monitors transient occupancy tax
F4:
Weekly accounts payable
F5:
Information technology
Hallazgos & Recomendaciones
10 hallazgos
F1:
Southwest High School is ten years old and the buildings are in good condition; the buildings were re-roofed in 2006. Central High School is an older facility. The plumbing was replaced five years ago and the electrical system will be replaced soon, using money obtained through the State Hardship Plan. Under the Hardship Plan, a district contributes what maintenance money it has and the state supplies the rest for a particular project. The amount of space available at Central High School (27 acres) is insufficient for the number of students it serves. It should have 40 acres. Therefore, some new construction is planned incorporating two-story buildings. Desert Oasis High School is a new facility and is in good condition. A site for an additional high school is being considered in the southeast area of the District, but construction is 8 to 10 years in the future.
F2:
The Academic Placement Index (API) for the District is good. Central High School is a California Distinguished School, and Southwest High School has been so honored in the past and is close to achieving that goal again. The District has a dropout rate of only 6%. Eighty percent of District graduates go on to college, including both four-year colleges and community colleges, but only 4% of those continue to graduation. Seventy percent of the District seniors pass the exit exam; the others can take summer school classes or go on to the Adult Education program. 32
F3:
Forty percent of the students are English language learners. The District is proud of its success with these students; the program at Central has been cited as a national model. Central is also proud that two of its Advance Via Individual Determination (AVID) students last year received scholarships from the Bill Gates Foundation. Almost all of the Gifted and Talented Education (GATE) classes have been phased out and replaced with Advanced Placement classes, in which students can earn college credit. There are sufficient textbooks and they are up-to-date. All three sites have up-to-date computers and software and sufficient budget to upgrade as necessary.
F4:
Three of the four administrators at Southwest High School are new this year. Two of them, including the Principal and the Vice-Principal in charge of discipline, do not speak Spanish and must communicate with many parents and students through an interpreter.
F5:
The Southwest campus includes the Southwest Academy for the Visual and Performing Arts (SAVAPA). Its curriculum includes instruction in the regular courses but also special courses in theater, dance, and music. Students are admitted to the program by audition. Public performances are given regularly and are very popular in the Imperial Valley. There is no data on how many of these students continue in the arts, either in college or professionally.
F6:
Food Service is not self-sustaining and has to be subsidized from the General Fund. The Healthy Foods Initiative has been implemented, and the Food Service is in compliance with state guidelines.
F7:
There is one police officer assigned to the District. There is also one Community Liaison person and one Probation Officer for the District. In addition, Southwest has four Security Guards, Central has three, and Desert Oasis has one. A system of security cameras is being installed throughout the District and will be completely operational before the end of the school year. A policy of mandatory drug testing before participating in any extracurricular activity is in place. Student athletes must maintain a 2.0 grade average.
F8:
The restrooms on the northwest outside of the gym at Southwest have been closed during school hours because of security problems. The location is at the far end of the campus and not within sight of any classrooms. Other restrooms are available for the students. These restrooms are opened when there are events in the Auditorium.
F9:
There are continuing efforts at all sites to encourage parent involvement in school activities and decisions. Many students, especially Hispanics, are unable to participate in after-school activities because of bus schedules.
F10:
Southwest High School has a Lead Custodian with eight employees under him. Central High School has a Lead Custodian and six employees. Their duties have been increased this year to include care of floors and carpets and other maintenance work which formerly was done during the summer or holiday breaks. Some equipment is old and not 33
Recomendaciones adicionales
6
No vinculadas a hallazgos específicos.
R1:
Given the large numbers of Spanish speaking parents in the district, English-Spanish bilingual skills should be taken into account when hiring new administrators.
R2:
The workload of custodial staff should be assessed given the recent changes in workload.
R3:
At Southwest High School, the District should consider the need for new carpet shampooers.
R4:
At Southwest High School, the District should consider the need for a mechanized cart to assist custodians when moving heavy loads.
R5:
The District should examine ways to improve communication between the Maintenance Supervisor and the school-site custodial staff.
R6:
The District should reexamine bus schedules in order to allow more students to stay after school for extracurricular activities.
Recomendaciones adicionales
8
No vinculadas a hallazgos específicos.
R1:
More access to computers and more computer instructors are needed. Also needed are innovative software programs. 36
R2:
The amount of time students spend in the school library needs to be increased at some sites.
R3:
Instruction in science, social studies, and the arts needs to be included as a regular part of the curriculum.
R4:
Warehouse Staff positions currently unfilled need to be filled.
R5:
Communication between Warehouse Supervisors and Staff, and between Principals and Custodians, needs to be improved so that employees’ concerns can be dealt with in a timely manner.
R6:
The use of Custodial Staff needs to be examined and changes made so that the division of duties is equitable.
R7:
Budgets for custodial supplies need to be examined and increased where needed.
R8:
Ways of ensuring good classroom behavior, particularly in the upper elementary grades, need to be re-evaluated and new methods incorporated where necessary.
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Hallazgos & Recomendaciones
7 hallazgos
F1:
He rarely issues orders in writing. When questioned about a verbal order, he often says, “You misunderstood,” or “there was a miscommunication.”
F2:
He does not observe the “chain of command.” He often ignores the Captain; they sometimes go days without speaking. He tends to micro-manage, issuing orders to those lower on the organizational chart. He recently 63
F3:
He does not use personnel wisely. He has created new teams and positions, such as the Graffiti Team and the Administrative Sgt., without hiring new people, thus weakening Patrol Teams that are already understaffed. He makes assignments that are not clear, again because they are not put in writing. Some officers report, “He does not let us do what we know how to do and what we know needs to be done.” He changed the rules in the middle of the most recent promotion of an officer to Sgt; which has made other officers wary of applying for promotion.
F4:
He has lowered the standards for qualifying at the shooting range, making the Range Master fear for the competency of his officers in an emergency.
F5:
He does not communicate well with his officers. In three recent shootings he failed to inquire about the welfare of his men, but instead asked about press coverage; this has resulted in a huge lowering of morale. Some officers report they have been directly lied to, often in small things; they now question his veracity in bigger things. In public statements the Chief consistently says “I have”, never “We have”.
F6:
He has ordered laws enforced unevenly. Towing companies who were found to be unlicensed and completely out of compliance with City regulations were allowed to continue doing business with the City. Posted two-hour parking regulations were directed by the Chief not to be enforced in some instances. In February, 2007, the Chief was made aware of a problem with big trucks on Imperial Avenue, but the issue continues to be unresolved. In November and December of 2007 ECPD Patrol Teams were ordered to make themselves available to merchants in the new Mall even though the City of El Centro was thus left under-patrolled.
F7:
He lacks visibility in El Centro. On two separate occasions when there were officer-involved shootings, the Chief was not available for three hours because he was at his home in Rancho Cucamonga. He is not seen by his officers on weekends, or even on most evenings, in local stores or restaurants. A letter of Grievance, from the El Centro Public Safety Management Association, was taken to the City Manager on July 16, 2007. The City Manager wrote back that same day that the complaint did not meet the criteria for a Grievance. He further indicated that he 64
Recomendaciones adicionales
5
No vinculadas a hallazgos específicos.
R1:
The City Manager and the City Council should be more responsive to complaints within city departments so that serious problems do not develop.
R2:
The Committee charged with the responsibility for hiring a new Chief of Police should include officers from the Department.
R3:
The new Chief should work with the Management Team to determine why the Department continues to lose officers and to develop a plan to reverse this loss.
R4:
The new Chief should examine the new Training Practices and determine whether the old Training Practices were better for the Department, and make changes if necessary.
R5:
The new Chief should examine the teams and positions recently created to determine whether or not they make the best possible use of existing personnel, and make any necessary changes.
Hallazgos & Recomendaciones
4 hallazgos
F1:
The Fire Department has moved to a newer building to accommodate both the fire engines and the Department’s office requirements.
F2:
New equipment has been purchased, including a mobile air-recharging station which allows spare air tanks to be charged while on call, and new fire suits, which meet state safety requirements, for each fireman.
F3:
The fleet of fire trucks, one primary and two secondary, is in excellent condition.
F4:
The Fire Safety Prevention program (FSP) has been improved by the addition of a FSP trailer and a motorized (robot) fire-safety dog for presentations to children.
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Hallazgos & Recomendaciones
23 hallazgos
F1:
Prior to the investigation, owners of golf carts had registered their carts with the California Department of Motor Vehicles (DMV) which issued them license plates and registration stickers. The golf cart owners believed that with proper DMV documentation, they could drive their carts around the city legally. Holtville police and the California Highway Patrol (CHP) have stopped and issued traffic tickets to golf cart drivers and informed them that it is illegal to drive “low speed vehicles” on city streets and that the carts in question do not meet the standards set forth in Title 49 of the Federal Motor Vehicle Safety Regulations 571.5 et seq. under “Low-speed Vehicles”1. The golf cart drivers complained to the City Manager to correct the problem.
F2:
In a telephone interview, the DMV Chief Supervisor stated that untrained employees in her department had issued golf cart registrations in error. She also indicated that this is a statewide problem, not only in Holtville. The DMV main office in Sacramento is working on a solution that will identify golf cart owners who have registered their golf carts, and to inform them that they will not be allowed to renew their registrations.
F3:
The CHP is aware of the DMV’s error and has visited the local DMV to train employees on the vehicle codes. The DMV’s error does not prevent the CHP or Holtville Police Department from enforcing California traffic laws concerning “low speed vehicles”.
F4:
Holtville’s Mayor stated that she was not aware of the golf cart problem or issues concerning their use on city streets.
F5:
The Holtville City Manager was very aware of the golf cart issue, but did not mention it to the Mayor. A city council member expressed concern that residents around town, mainly golf carts owners, were told that they could not drive their golf carts around town. He asked the City Manager to look into this issue. The City Manager did some investigation on her own and learned that some of the golf cart owners had gone to the DMV where they had their carts registered and were issued license plates. The owners of the golf carts believed that having their carts registered meant that they could drive on city streets legally. After registering and licensing their carts, owners/drivers were being stopped by the CHP or city police and receiving either verbal warnings and/or traffic violation citations. Because golf cart owners were frustrated that they could not drive their DMV registered and licensed vehicles on city streets, they appealed to the City Manager to resolve the situation.
F6:
The City Manager expressed frustration with the DMV issuing plates and tags, because it essentially conveys to golf cart owners that it is permissible to drive their carts on city streets under 25 miles per hour, while law enforcement is saying it is not. With this in mind, the City Manager instructed the Chief of Police not to ticket persons driving golf carts on the streets of Holtville. Her instructions were emphasized to the Chief of Police by threatening job termination if he or any one of his officers stopped or issued tickets to any drivers of golf carts. She ordered the Police Department via email, to “overlook the golf cart issue” and to concentrate on more serious crimes around the city. In an email 1 See Code of Federal Regulations current as of 03AUG07, Title 49: sec 571.500 50 to the Chief of Police, she stated, “You are directed to not issue citations on this state law”2. She also stated in an interview, “Until the DMV and the Department of Transportation (DOT) get this matter resolved; the Police Department should refrain from issuing tickets to licensed golf carts drivers.” She wanted the DMV to deal with the golf cart issue not the City of Holtville.
F7:
Interviews suggest that Holtville Police Department morale is at an all-time low. Officers complain that City Manager is telling them the laws they can and cannot enforce. Officers express concern that the City Manager has tried to dissolve the city police force many times since taking office by having the Imperial County Sheriff’s Department take over policing responsibilities in Holtville. The most recent attempt was in July 2007, when she had a meeting with the Imperial County Sheriff. The City Manager stated to the Sheriff “she has concerns with the performance of her police force and wants it dissolved”. The Sheriff stated to her, that, “the Sheriff’s Department can’t cover the city of Holtville due to man- power issues with his department”. The Sheriff said, “He would table this issue for a year”.
F8:
Police officers stated that, “they want to do their jobs as trained in law enforcement”3. They know the law and want to enforce the law pertaining to golf carts, just as they do other laws. They want to treat all people fairly, without regard to economic background and the political influence that golf cart drivers appear to have over City Hall. Apparently, some golf cart owners stopped for violations have been quoted as saying, “Write that ticket and see what the City Manager does” or “do it and you’ll see”. Statements like these, officers maintain, put police officers in precarious and difficult to manage situations.
F9:
Interviews revealed that the Holtville Police Department invited the local CHP Commander to speak at the June 2007 Holtville City Council meeting (open forum) to educate the members about the issue concerning low-speed vehicles. The City Manager went to the meeting location and encountered a group of officers standing in front of City Hall who were waiting for the meeting to begin. Thereupon, she informed the CHP Commander and the police officers that they were not allowed to attend or to speak at the meeting4. The City Manager told the CHP Commander, “You’re not running my city”. Three people from two separate agencies corroborated the incident. Holtville police officers feel that the City Manager in particular, is putting them in an awkward situation by having the golf cart violations go unchecked. If they do enforce these violations around the city, they fear their jobs and livelihood will be in jeopardy as stated by the City Manager.
F10:
City officials not mentioned above, who were interviewed, indicated not to be aware of details or information concerning the golf cart issue other than seeing golf carts being driven around city streets. Email between City Manager and Police Chief, Monday June 11, 2007 @ 0943 3 See City of Holtville Job Description “Police Officer” 4 Verbal confirmation during committees’ face-to-face and telephone interviews. 51
F11:
Hispanic officers complain they have not been treated fairly by the city manager’s office in the promotion and hiring process.
F12:
Officers expressed concern about a possible conflict of interest in the City Manager serving as both city manager and personnel manager (see Municipal Code section 2.28.030).
F13:
Given the experience with the golf cart issue, police department officials are concerned about the objectivity of pending contract negotiations between Holtville police officers and the City of Holtville. CONCLUSIONS
F14:
Golf Carts cannot be driven on city streets.
F15:
The golf cart issue has created much frustration among Holtville city officials, police officers, and residents, particularly golf cart owners. Much of this frustration is due to the contradiction between the California DMV’s actions of registering and licensing golf carts for use on public streets, and the federal and state vehicle codes governing the use of vehicles on public streets. The factors that led to this situation are unfortunate, but understandable. The California DMV appears to be taking steps to remedy the problem.
F16:
At a minimum, the Holtville City Manager has contributed greatly to the frustration experienced by law enforcement officials seeking to execute their duties in a lawful manner. Beyond this, however, it appears she may have created a difficult, if not hostile, work environment by ordering Holtville police officers not to enforce valid laws and threatening them with job termination if they did so. The City Manager efforts to prevent the California Highway Patrol from attending a public meeting are also of serious concern, and raise questions about the best interests of the community and violations of laws pertaining to public meetings.
F17:
Importantly, the City Manager’s explicit orders to Holtville police officers that they not enforce valid vehicle code may increase the risk and legal liability for the city and its taxpayers should accidents arise involving the use of golf carts on Holtville public streets.
F18:
Sworn testimony from interviewees indicates that the City Manager has a very tight grip on every aspect of city government in Holtville, dominating the way the city is run in all departments and censoring out information to the Mayor and/or City Council on issues of importance to the city’s residents. 52
F19:
Golf Carts cannot be driven on city streets.
F20:
The golf cart issue has created much frustration among Holtville city officials, police officers, and residents, particularly golf cart owners. Much of this frustration is due to the contradiction between the California DMV’s actions of registering and licensing golf carts for use on public streets, and the federal and state vehicle codes governing the use of vehicles on public streets. The factors that led to this situation are unfortunate, but understandable. The California DMV appears to be taking steps to remedy the problem.
F21:
At a minimum, the Holtville City Manager has contributed greatly to the frustration experienced by law enforcement officials seeking to execute their duties in a lawful manner. Beyond this, however, it appears she may have created a difficult, if not hostile, work environment by ordering Holtville police officers not to enforce valid laws and threatening them with job termination if they did so. The City Manager efforts to prevent the California Highway Patrol from attending a public meeting are also of serious concern, and raise questions about the best interests of the community and violations of laws pertaining to public meetings.
F22:
Importantly, the City Manager’s explicit orders to Holtville police officers that they not enforce valid vehicle code may increase the risk and legal liability for the city and its taxpayers should accidents arise involving the use of golf carts on Holtville public streets.
F23:
Sworn testimony from interviewees indicates that the City Manager has a very tight grip on every aspect of city government in Holtville, dominating the way the city is run in all departments and censoring out information to the Mayor and/or City Council on issues of importance to the city’s residents. 52
Recomendaciones adicionales
3
No vinculadas a hallazgos específicos.
R1:
The Holtville Police Department should be allowed to do its job as specified under law without interference from the City Manager and other city officials.
R2:
The Holtville City Council, Mayor, City Manager and City Legal Counsel should review and clarify lines of authority between the City Manager and other city departments, especially the police department, to ensure that city employees can function in a manner that is consistent with federal and state laws. It should also ensure that there is no conflict of interest in the City Manager serving as the personnel manager.
R3:
The Holtville City Council, Mayor, and City Legal Counsel should also examine the actions of the City Manager to determine whether there has been any abuse of authority or violation of federal, state or local laws, particularly with regard to access to public meetings to ensure that the city and its tax payers are not exposed to any liability. RESPONSE The Civil Grand Jury requests to be notified of the actions taken by the Holtville Mayor, City Council, City Manager, and the Chief of Police in this matter.
Hallazgos & Recomendaciones
3 hallazgos
F1:
Among the allegations were that the City had misused in the area of $400,000.00 in Grant monies. We reviewed the Grant expenditures and found that the Grant monies were used in accordance with the Grant request.
F2:
Another allegation was that an unauthorized bank account had been established with captured drug money. This account was supposedly to be used to set up a Police Athletic League (PAL) program. This account had been moved to the City of Holtville by a former Chief of Police.
F3:
There was the allegation that guns, radios and various other items were missing from the Police Department inventory. Inventories between each change of leadership in the Police Department were just about nonexistent.
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Hallazgos & Recomendaciones
18 hallazgos
F1:
It is not possible to expand the airport. The highway on the east, development on the south and on the west, and the City of Imperial water plant on the North prohibit making the airport larger.
F2:
The second floor of the airport terminal has not been used since 1994/95 because it is not in compliance with American Disabilities Act (ADA) requirements for handicapped persons. Neither access to the second floor nor to access to the restrooms meet ADA standards. Consequently, while the second floor has a number of potential uses, it has remained idle for over ten years.
F3:
The runways are in poor condition.
F4:
The airport rents airplane hangars to the public. The hangars are being used in some cases for purposes other than airplanes. One hangar is used to store a motor home and another is used to store a vehicle. One individual rents two and uses them as a repair garage for airplanes.
F5:
Over the years the locks have been changed on the airplane hangars, but management does not have keys to all of the locks. This poses a problem for airport fire officials who need to be able to inspect each hangar to determine what is stored inside, (gas, oil, paint, etc.) and to determine whether there is proper fire safety equipment in place including flammable lockers and fire extinguishers. Management
F6:
The Airport Director wears many hats. He is also the County Agricultural Commissioner, the Director of Weights and Measures, and the Imperial County Air Pollution Control Officer.
F7:
There have been four airport managers in the past five years.
F8:
The County recently hired a new Airport Manager and gave him the charge to improve the look and image of the airport, with the goal of bringing additional scheduled air service to the airport. 43
F9:
The current Airport Manager has enthusiastically accepted this challenge. He is working on streamlining maintenance services and improving the look of the airport and the quality of its services.
F10:
The Airport Manager does not have access to timely budgetary information about revenues and expenses. Finances are handled in El Centro by the Airport Director, Airport Assistant Director, and the Airport Financial Assistant. None of these persons is located at the airport. The Airport Manager has no idea what monies are being collected or what bills are being paid each month. This makes it very difficult to plan for and manage the facility.
F11:
The County Department of Maintenance sends two workers to the airport daily to maintain the airport facilities. The Department bills county the airport for this service. These workers do not take direction from the Airport Manager with respect to maintaining airport facilities. Apparently, the workers are only responsive to the County Maintenance Department.
F12:
There is a demand for airplane hangars. There is a waiting list of 28 persons wanting to rent a hangar at the airport. There has not been a review of the hangar rental agreements for years and it is not known how comparable the rental rates are with hangars at similarly situated airports. Finances
F13:
The monies collected by the airport are not put into the General Fund. The airport money is handled by the Imperial County Auditor/Controller, and is not mixed with other Imperial County funds.
F14:
The airport receives some money to operate from federal grants that are based on passenger use of the facility. These monies have been declining in recent years.
F15:
The airport leases/rents several acres of land at the airport, office space, T- hangars, and outdoor hangars. There has not been a review of these leases/rental agreements for a number of years. Most are on a month-to-month basis. There is confusion in some cases as to what specific parts of the airport geography are being rented by various individuals. Rental property parcel boundary lines are not clear. 44
F16:
The county has contracted with a firm to survey the airport several months ago so that lease areas can be identified. The Airport Director is waiting for the report.
F17:
A new lease document is being drafted, and all who lease/rent land from the airport will be signing a new lease very soon.
F18:
Interviews suggest that the Imperial County Board of Supervisors is not enthusiastic about investing money in the existing airport. Supervisors would prefer to see a cargo airport established in the county and think that this would be a wiser investment. CONCLUSIONS Based on the findings from the interviews and tour, the Civil Grand Jury Investigative Committee arrived at a number of conclusions. Among them is that the airport has been badly neglected. It is in need of a lot of maintenance and improvements that have been known about for years. At a time when the airport appears to have great needs, it appears to be receiving very little attention from those who are managing it. The excessively high turnover in the Airport Manager position appears to be a reflection of the problems with the management of the airport operation. The current Airport Manager appears to be a competent and conscientious employee who is capable of maintaining the airport and making it grow and become more profitable. However, the Committee found a number of circumstances that appear to complicate the efforts of the Airport Manager and make it difficult to perform his job. Among these is a lack of communication and cooperation between the Airport Director, the Airport Assistant Director and the Airport Manager. While the Airport Manager seems to have much responsibility, he appears to have little authority to carry out his job responsibilities. He lacks timely budgetary information and has limited interaction with the Airport Financial Assistant who is located across town. He has limited or no authority to direct grounds maintenance workers. The state of the lease / rental agreements for airport grounds and facilities is chaotic. While the Airport Director is working on it, this situation is likely to have already cost the airport considerable revenue. The lack of information about competitive hangar rental rates and no review of existing rental agreements for years are also likely to have cost the airport revenue. Importantly, there are also several potential safety problems that need to be addressed, including the lack of access to hangars by fire officials, appropriate use of hangars, materials stored in hangars, and the availability of appropriate fire safety equipment. 45
Recomendaciones adicionales
6
No vinculadas a hallazgos específicos.
R1:
The management of the Imperial County Airport should be examined to improve its productivity and functioning. Consideration should be given to reorganizing the existing management structure to ensure that the many outstanding issues and problems identified above in this report are addressed in a timely fashion, and to enable the Airport Manager to perform his duties in a more efficient and effective manner. The Civil Grand Jury is concerned that part of the airport’s neglect and management difficulties arise from (1) the Airport Director having too many roles to play and (2) not enough delegation of authority within the agency. Lines of authority and responsibility appear to be problematic. Given the scope of the problems at the airport and the need for them to be addressed in a timely manner, the Civil Grand Jury recommends that the Imperial County Board of Supervisors consider the many jobs that the Airport Director is already responsible for and consider allocating airport direction responsibilities differently or elsewhere so that the airport can function more productively in the future.
R2:
A better system of communication should be developed within the Imperial County Airport chain of command.
R3:
Annual budget and monthly revenue and expenditure information should be provided to the Airport Manager in a timely fashion.
R4:
Consideration should be given to assigning the Airport Manager authority over the activities of the crew from Imperial County Department of Maintenance.
R5:
The review of present lease / rental agreements, the competitive pricing of facilities and services, the survey of property boundaries, and the execution of new lease / rental agreements should be completed as quickly as possible to ensure that the airport is receiving the revenue that it is capable of generating.
R6:
The alternative uses of the second floor of the airport terminal and their revenue generating capacities should be evaluated with respect to the cost of bringing this portion of the terminal up to ADA standards. RESPONSE The county Civil Grand Jury requests to be notified as to the actions taken by the Imperial County Supervisors, the Airport Director and the Airport Manager in these matters. 46
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Hallazgos & Recomendaciones
11 hallazgos
F1:
Personnel. The Auditor-Controller’s Office operates with eighteen employees. Most of these employees work in the accounting and auditing sections. Staff turnover has been low. Currently, there are two vacant accountant /auditor positions which can be filled if needed. Competitive salaries pose the greatest impediment to recruiting for these positions. The work environment is pleasant and staff morale appears to be good. Employees have opportunities for training and professional development, but could use more. 4
F2:
Cross-Training. Given the nature and range of the services in the Auditor-Controller’s Office, some emphasis is placed on cross-training employees in different functional areas. The Auditor–Controller expressed interest in developing a more meaningful career ladder for cross-trained personnel and accounting positions given the complexity of the work involved in these positions that is not taken into account by the conventional position ladders used in the county.
F3:
Facilities. The Auditor-Controller indicated the office’s physical facilities are adequate. However, the Civil Grand Jury noted that the space was a little cramped for the number of personnel and paper material handled by the office. There was also a slight mold problem near a vent on one of the walls in the office. Parking is a problem for the public. While there is a small parking lot for use by the public near the Auditor-Controller’s Office building, it is inadequate. This is partially because it used as employee parking by various agencies housed in the building. The office is supposed to move to a new location in another building nearby. This could resolve some of the space issues. However, the Auditor-Controller expressed concern about the risks of physically moving paper financial documents between the buildings and stressed the importance of computerizing some transactions currently being done with paper.
F4:
Computerization. Since being elected about eight years ago, the Auditor-Controller has taken several steps to computerize the agency’s functions, including implementing a new property tax program. Much of the agency’s financial systems are run on a server in Northern California. The Auditor-Controller thinks the current level of computer technology being employed in the office is adequate. Efforts are being undertaken to reduce the amount of paper storage through computerization. If the county continues to grow at its current rate, the office will need a computer programmer on staff.
F5:
Annual Audit. The annual audit of the county has been performed by the same certified public accounting firm for several years. The Auditor-Controller is a former employee of this firm. According to the Auditor-Controller, the lack of competition for audit services is due to the small number of firms interested in providing governmental accounting services in the county and difficulty attracting firms from outside of the area. Because of the difficulty obtaining such services through competitive bidding, the county awarded a five year contract for independent auditing services to the current certified public accounting firm. 5
F6:
The Civil Grand Jury commends the Auditor-Controller for his efforts to develop and direct the operations of the Imperial County Auditor-Controller’s Office. He has done a most credible job of providing quality service, making use of current technology, and developing personnel in the Auditor-Controller’s Office, given the resources available to him.
F7:
The lack of competition for independent audit services seems to be a continuing problem. However, the Auditor-Controller seems to have taken a reasonable approach to addressing the situation. But, if possible, the Civil Grand Jury thinks it would be wise to continue to seek competitive bids for these services in the future to ensure independence in the performance of this function.
F8:
While the Auditor-Controller’s Office may be relocating in the near future, the slight mold problem in the office may pose a hazard for employees working there in the interim. Also, the parking situation will remain a problem for the public, the Auditor- Controller’s Office as well as other agencies located in the area.
F9:
The Civil Grand Jury commends the Auditor-Controller for his efforts to develop and direct the operations of the Imperial County Auditor-Controller’s Office. He has done a most credible job of providing quality service, making use of current technology, and developing personnel in the Auditor-Controller’s Office, given the resources available to him.
F10:
The lack of competition for independent audit services seems to be a continuing problem. However, the Auditor-Controller seems to have taken a reasonable approach to addressing the situation. But, if possible, the Civil Grand Jury thinks it would be wise to continue to seek competitive bids for these services in the future to ensure independence in the performance of this function.
F11:
While the Auditor-Controller’s Office may be relocating in the near future, the slight mold problem in the office may pose a hazard for employees working there in the interim. Also, the parking situation will remain a problem for the public, the Auditor- Controller’s Office as well as other agencies located in the area.
Recomendaciones adicionales
3
No vinculadas a hallazgos específicos.
R1:
In the future, the Imperial County Auditor-Controller should continue to seek competitive bids from certified public accounting firms for county auditing services.
R2:
The slight mold problem in the Auditor-Controller’s Office should be repaired.
R3:
The Auditor-Controller should encourage the Imperial County Supervisors to address the public parking problem. RESPONSE The Civil Grand Jury requests to be notified of the actions taken by the Auditor-Controller’s Office in regard to these matters.
Hallazgos & Recomendaciones
3 hallazgos
F1:
Imperial Negotiated Net Amount (NNA) Contract Compliance Review Dates of review: October 2 and 3, 2007, carried out by the Performance Management Branch of the Department of Alcohol and Drug Programs, State of California, Health and Human Services, for the purpose of meeting requirements for the Treatment Block Grant. Annual funding amount: $64,292.00.
F2:
State Department of Mental Health (DMH) Medi-Cal Oversight Review Dates of review: April 16-20, 2007. ICBHS performed well with only one item
F3:
APS Healthcare. California External Quality Review Organization (CAEQRO) Dates of review: March 13-14, 2007. The purpose of the review was to evaluate the quality of mental health services provided to beneficiaries enrolled in the Medi-Cal managed mental health care program. Key findings: • Fiscal year 05-06 Denials of Medi-Cal claims (7.06%) ranked 26 on a scale of 1- 56: 1 being the highest percentage of denied claims and 56 being the lowest. In fiscal year 03-04 the denial rate was 2.95% and in 04-05 the denial rate was 6.22%. • More barriers exist in accessing mental health services for females than males. • During the consumer/Family Member Focus Group meeting with CAEQRO, one of the aspects that troubled all participants was that upon calling the Crisis Center for help, the staff would refer the caller to the police. It was stated that “the police are the only ones who can initiate a 5150, and the Mental Health staff does not accompany the police on these field calls. The person is handcuffed and put in the back of the police car ‘with no dignity.’ No one thought this was a good way to handle someone in crisis.” 41
Recomendaciones adicionales
6
No vinculadas a hallazgos específicos.
R1:
The current organizational chart should be re-evaluated for easier understanding. Perhaps it can be fitted on one page.
R2:
A staff satisfaction survey should be conducted. This will identify issues that contribute to employee dissatisfaction.
R3:
Emergency Preparedness Training should be provided, and who conducts the drills and maintains the required logs should be specified.
R4:
The reason(s) the number of denials relating to Medi-Cal claims is increasing should be identified, as this has a direct effect on revenues.
R5:
The reason(s) the local youth rate the outcome of services they receive locally significantly lower (12% lower) than the youth statewide should be identified (CAEQRO Survey).
R6:
The current procedure of referring patients to the police when they call the Crisis Center for help should be reassessed, and recommendations for change should be made to the Board of Supervisors. Especially the need for a person asking for help to be handcuffed by the police, in order to initiate a 5150, should be reassessed, and alternative methods recommended.
Hallazgos y recomendaciones aún no extraídos.
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Hallazgos & Recomendaciones
10 hallazgos
F1:
The Airport Station’s overhead apparatus stall doors will not close. Concerns for safety were expressed.
F2:
The air conditioning unit is not adequate.
F3:
Basic essentials such as toilet paper, laundry detergent and soap are consistently in short supply or not available. (This finding was reported for most of the Department as a whole) • Station 2.
F4:
The sleeping quarters on the second floor do not have windows. Windows serve as a second escape route in an emergency.
F5:
There is a locked room on the 2nd floor with unknown contents and no access as nobody has keys to it.
F6:
There are no smoke or heat detectors.
F7:
There are no portable hand held fire extinguishers hung in the station.
F8:
The upstairs A/C unit is too small to cool the sleeping and kitchen areas during the summer. • Station 5
F9:
The hot water heater is not strapped to the wall.
F10:
The work required to bring the station up to acceptable standards is placed on the firefighters. The heavy labor the firefighters do may delay or extend their response time to emergencies.
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Hallazgos & Recomendaciones
17 hallazgos
F1:
The Chief Probation Officer (has jurisdiction over both adult and juvenile programs)
F2:
The Chief Deputy Probation Officer (in charge of the Juvenile Division) 29
F3:
The Facility Manager (in charge of Juvenile Hall facility and staff) During the interview and tour of the facility, the following was discovered: Control One
F4:
All youths arrive in Control 1 for receiving, classifying (knowing their situation or risk), room assignment and educational placement. Every youth receives a medical check within 72 hours of arriving.
F5:
The on-site health clinic has a nurse whose time is divided between Juvenile Hall and the Betty Jo Mc Neece Receiving Home. Two Physician Assistants are available as needed. If a service cannot be provided at Juvenile Hall, the youth is transported to El Centro Regional Medical Center for the necessary service.
F6:
Control 1 has single or double occupancy rooms, bathrooms (with no privacy doors), laundry rooms, showers, and recreation areas. All areas are monitored with cameras and/or staff.
F7:
The dining room is clean. All youths can have a second or even a third serving if there is food left. All meals are planned by a nutritionist.
F8:
The kitchen is located in the Control 1 building. The concrete kitchen floor is uneven and worn. Other than the floor, the kitchen area was clean, and organized. Control Two
F9:
Control 2 is designed to house youth that have shown improved behavior and respect towards staff. Control 2 has 100 Square Foot single or double occupancy rooms, bathrooms, showers, laundry rooms, and recreation/dining areas. The kitchen brings food and utensils to the youth in the recreation areas. All areas are monitored with cameras and/or staff. The youth stay in the dorm areas for safety and security.
F10:
Education classes are provided for all youth and are held in Control 2. The Education staff consists of teachers and instructional assistants from the Imperial County Office of Education (ICOE), Alternative Education, Resource Specialist Assistants (RSP), Imperial Valley College Work Study students, and a Records Clerk. The youth are given a Wide Range Achievement Test (WRAT) for placement and resource transcripts from the school they attended. The computers and other educational tools requested by the staff have enhanced their achievements.
F11:
A Drug and Alcohol counselor is on staff. Due to economic cutbacks, the counselor is only available three times during the week.
F12:
Youth are assigned rooms by infraction, temperament and gender. Girls and boys are together except for shower/bath times. A grievance system is in place for the youths to use. The number of grievances is very low due to the fact that the youth understand the rules and what is expected of them. The experienced staffs have training and experience in handling situations as they occur. The County Office of Education and the El Centro Public Library donate books to the facility. Outdoor activities consist of soccer, basketball, baseball, and volleyball. Programs
F13:
The Girls Club – Family Solutions, (previously known as Women Haven) comes every Wednesday to talk, counsel and educate the girls on issues affecting them.
F14:
Point System – Points are acquired for good behavior, being helpful, doing something extra, etc. These points can be used to make a phone call or buy snacks.
F15:
Grandparent Program – This program is in place through the Betty Jo McNeece Receiving Home and Community School. Catholic Charities Grant pays senior citizens for 6 hours. Senior citizens work with the youth individually. They help with education, art, music, etc.
F16:
RSP Programs - The Resource (RSP) program provides a mainstream curriculum in a small class setting. Students in RSP classes are expected to complete the same core subjects as mainstream students, which include passing the SAT eight or nine.
F17:
Peers Court Program – Youth (not those in the program) are the prosecutors, defendants, and jury with a Juvenile Judge overseeing the courtroom. Brawley, Calexico, and both El Centro high Schools, along with the Westmorland and Calexico Junior High Schools participate in the program. Some of the schools give class credit for participating. Youths who go through this program only have a 2% return rate. Sentencing can be community service, a tour of prison/jail, or a tour of Juvenile Hall. Conclusion The facility is well organized, orderly and clean. The staff know their jobs and work well together. The staffs that were interviewed enjoy their jobs and are proud of how well the youth do in the facility. The guards visibly hold a strong presence of authority.
Recomendaciones adicionales
2
No vinculadas a hallazgos específicos.
R1:
Modesty panels in all bathrooms in Control 1 need to be installed.
R2:
New concrete flooring in the kitchen, and throughout Control 1. This flooring is old and needs to be replaced for safety reasons. Flooring similar to that in control 2 is highly recommended. RESPONSE The Civil Grand Jury requests to be notified of the actions taken by the Probation Department.
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Hallazgos & Recomendaciones
16 hallazgos
F1:
There were no escapes or attempted escapes in the previous twelve months.
F2:
There was one suicide during the previous twelve months.
F3:
There are over 160 cameras in the jail facilities. At times, cameras do fail, but are repaired or replaced as soon as possible.
F4:
There is no inmate overcrowding in the facilities. The lower security facility is at only about 30 percent of inmate capacity.
F5:
There are problems with the utilities in the Regional Adult Detention Facility. There are times when the heaters do not work properly in parts of the jail. This is true of the air conditioning system as well. Despite repairs made to the chillers last year, there are parts of buildings which are not effectively cooled. This is particularly a problem in the infirmary area during the summer months. The committee also observed paint peeling off of the walls and ceiling in inmate shower areas. There was evidence of mold as well. Drainage of water and sewerage appears to be a continuing problem. A leak was observed from the base of a toilet in the recreational yard that ran into the activity area. The committee examined a drain in a shower area that had just been dug up and repaired; it also noted evidence of other similar repairs on drains throughout the facility.
F6:
Hepatitis and tuberculosis is found among the inmate population. About one case of tuberculosis is detected every six months.
F7:
The ceiling is not water tight in the infirmary / medical area. When it rains the ceiling becomes damp and drips water. The patient beds are about 26 years old. Some are rusty and missing parts; the brakes do not work on some of the beds. The patient bed area may not be American Disabilities Act (ADA) compliant. In particular, there is not a system of rails to assist disabled inmates housed in the infirmary area.
F8:
In some control center areas of the jail, newspaper was used to cover window areas so that inmates could not look in. The taped newspapers give the facility a less than professional appearance.
F9:
With the exceptions noted above, the facilities inspected during the tour were clean and in good condition. 22
F10:
On November 6, 2007, the Corrections Standards Authority (CSA) of the California Department of Corrections and Rehabilitation conducted the 2006-2008 biennial inspection of the Regional Adult Detention Facility (RADF) and the Herbert Hughes Correctional Center (HHCC). The previous inspection done by CSA had found had identified several deficiencies including the lack of hourly safety checks and housing three inmates in double cells. The current inspection found that these deficiencies had been rectified. In the current inspection, CSA found that the RADF was not incompliance with requirements that single occupancy cells house a maximum of one inmate. In fact CSA found that all single cells have been double-bunked and used as double cells. The Jail was instructed to submit a corrective plan within 90 days of receipt of the 2006-2008 inspection report.
F11:
The Imperial County department last inspected the HHCC on 3/31/06. A fire inspection is required every two years by the Health and Safety Code. Materials reviewed indicate that the HHCC had a fire inspection on 3/31/06. A health inspection was last done for both facilities on November 14, 2006.
F12:
The administration should consider implementing a routine program of inspection of shower facilities so that shower areas do not fall into extremely poor condition before they are repaired. Also, the drainage situation appears to be a recurring problem because of the age and condition of the facilities. It is not clear what can be done to address this situation in a preventative way without building a new structure. Nonetheless, the administration should make repairing drains a priority when they are obviously clogged or in poor condition.
F13:
The leaky ceiling in the infirmary should be repaired immediately.
F14:
The condition of the beds in the infirmary is a problem that should be addressed soon. Consideration should be given to replacing the existing beds.
F15:
The heating and air conditioning problems in the infirmary should be addressed in a way that results in a more permanent solution to this problem. 23
F16:
The patient areas of the infirmary should be inspected to see if they are ADA compliant, and if they are not, then they should be made ADA compliant as soon as possible.
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Hallazgos & Recomendaciones
12 hallazgos
F1:
Do you have any medical problems?
F2:
Have you had any recent illnesses?
F3:
Have you had any recent injuries?
F4:
Do you take any medicines?
F5:
Have you ever been hospitalized for nerves or mental problems?
F7:
Are you hurt or in pain today?
F8:
Do you drink heavily?
F9:
Are you doing drugs?
F10:
Do you expect withdrawal problems?
F11:
Have you ever wanted to end your life?
F12:
Do you feel that way now?
F13:
Do you have special diet needs?
Hallazgos y recomendaciones aún no extraídos.