Imperial County 2011-2012 - California Grand Jury Reports

F1: CAL has an ongoing problem of illegal narcotics, which is common in most modern prisons.

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R1: It is recommended that the prison continue make a greater use of trained narcotic dogs in all areas of the prison. If financially feasible, a well-trained K-9 or two, which would be assigned to CAL, or even shared with its sister prison at Centinela, could greatly improve narcotic detection.

F2: CAL continues to have security problems concerning inmates in possession of cell phones.

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R2: It is recommended that CAL continue to work with local, state, and national level officials to overcome the federal resistance to block illegal cell phone signals. Response Required: No response is required as Calipatria State Prison is a state agency. 2011-2012 Imperial County Civil Grand Jury Final Report of Findings Subject of Investigation: Centinela State Prison Justification: California State Law mandates that the Civil Grand Jury (CGJ) will inspect all prison and jail facilities on a yearly basis. Background: Centinela State Prison (CEN) is operated by the California Department of Corrections and Rehabilitation. Construction was completed on CEN in mid 1993, and the prison began receiving inmates in October 1993. The original design of the prison was made to house 2,208 inmates, though modifications took place prior to activation so that the prison could hold nearly double that amount, over 4,000. Overview: A committee of the CGJ inspected the prison using a checklist developed for the prison by the Grand Jury, as well as additional information requested by the committee making the tour. The check list included, but was not limited to the general safety and security of the facility, fire safety, food services, medical services, job training requirements for staff, escape procedures, law library, inmate treatment, investigations, a housing unit, and staff morale. The committee of jurors assigned to this visit toured all areas of the prison. CEN has over eleven-hundred (1,100) staff members; which includes approximately 700 peace officers. The CGJ learned that at the time of the visit, September 2011, there were approximately 4,000 inmates assigned to CEN. Three of the four main facilities hold approximately 1,000 inmates each (3,000). They are Level Three General Population (GP) custody (mid-level security). One facility holds approximately 1,000 inmates alone and houses Level Four GP custody (highest security), and one smaller facility outside of the main prison is the Level One GP custody (lowest security). Tour: At the beginning of the tour, the jury was met by the Administrative Assistant/Public Information Officer (AA/PIO). He was very helpful and knowledgeable about CEN, its history and present functions, and was great in explaining any details or facts that were not confidential. The AA/PIO advised we were able to ask as many questions as we wished, and that all areas of the prison would be open for review and inspection. Just prior to the actual beginning of the tour several members of the admin staff greeted the jury committee while we waited. At the conclusion of the tour, the warden personally met with the CGJ committee. The warden explained how honored he was to be in the position he was in and spoke of some of his accomplishments at CEN. CEN has community education projects, student mentoring, and is involved in the annual “Shop With A Cop” program for some of the poorer children in the Imperial Valley. For staff there are peer support programs in place for times when needed. Food Preparation/Service: The CEN CGJ visited the Facility “D” Satellite Food Kitchen/Inmate Dining Hall. The committee was slightly too late to see the inmates working there, but observed that it was clean and appeared to be well maintained. There are ovens and other devices used to reheat the food that had been cooked and quick chilled in the Central Kitchen. During normal dining times, officers are stationed in the dining hall and in the gun post as needed. Inmates are given a set amount of time to eat, and then the next group is seated. Inmates are permitted to purchase their own food to supplement their meals or in cases where they declined to eat in the dining hall. If special meals are requested for inmates due to medical, religious, or dietary needs, they are accommodated on a case-by-case basis. There are presently no pork products served in inmates’ meals. Inmates receive two hot meals per day, plus one boxed lunch each. All meals are planned by staff trained in nutrition. Training: All peace officers assigned to CEN are required to complete a 16-week Correctional Peace Officer Academy before beginning work there. All staff attend orientation training at the start of employment at CEN. There is mandatory annual In Service Training (IST) for all staff, some more than others, with 32 to 40 hours being typical. Classes include, but not limited to, firearms and chemical agents, emergency response, First Aid/CPR, report writing, and inmate transportation. Training is conducted on grounds by trained staff as a rule. Security: CEN has very good security overall. They are troubled by inmate usage of both illegal narcotics and illegal cell phones, as are all modern prisons. CEN Staff regularly bust inmates with these items, but the problem continues. The CGJ committee learned that there are no drug detecting dogs assigned to CEN despite the illegal drug problem. The CGJ observed that identification cards are checked at all points where staff or inmates go from one area to another. CEN has armed officers in towers at important checkpoints, outside patrol staff members, and a lethal electrified fence in place for escape prevention. CEN has a policy of checking identifications on all areas of the prison on a regular basis. The CGJ committee members toured the Administrative Segregation Unit (ASU), the highest security building, and found it well run. Inmates are placed in ASU when their behavior places other inmates or staff at risk. Inmates in the ASU are placed in restraints for safety and security reasons anytime they are not in a cell. Inmates in the ASU are afforded 2-3 hours of recreation time every other day in smaller recreation/exercise cells only with their cellmates. CEN cooperates with other prisons and other law enforcement agencies as needed. CEN’s on grounds fire department also works with other fire agencies as needed. Inmates are placed on Levels One, Three, or Four based on their amount of custody points. The one Level Four yard had additional fencing based on security needs. It also had several more staff members there during some parts of the day for the same reason. Medical Care: CEN has expanded its Outpatient Housing Unit (OHU) greatly since the prison was built. Inmates may be kept at their OHU longer than they might at some prisons because of the increased medical capabilities. There are additional staff at CEN to provide many medical needs including emergency procedures, negative pressure rooms for contagious airborne disease and recreation staff. Most of the OHU beds were full at the time of the tour. If inmates need to be taken to outside emergency care, it will generally be El Centro Regional Medical Center (ECRMC) or Pioneer’s Memorial Hospital (PMH) in Brawley. On a few occasions inmates may need to be sent to San Diego hospitals by emergency helicopter. CEN uses a medical transportation bus assigned to Calipatria State Prison (CAL) to save on transportation costs when some inmates need to be taken to San Diego for treatment. While CEN had already provided many medical services to inmates, there is a marked increased number of both staff and treatment options. This increase is largely due to a federal order for all California prisons. Inmate Resources/Programs: Inmates on all facilities may participate in sports such as soccer, basketball or volleyball. In addition, the Level Three inmates have a softball field on each yard, and horseshoe games were added this year. The CGJ committee observed the education program was running at full force on Facility “D” at the time of the visit. Some inmates take correspondence courses on their own as well. Inmates have access to well- equipped Law Libraries and a recreational library which checks out book to inmates in a like manner to the public libraries. Each facility has its own chapel for religious services of many faiths. There are Native Sweat Lodges where inmates of that belief are afforded the ability to practice their faith. Inmates on the Level One and Level Three facilities are permitted to be out in the yards for additional recreation evenings up to a set time. Volunteer chaplains assist with inmate religious services. Other: The CGJ committee observed several inmates up very close in the medical unit, at the Receiving and Release building, education, ASU, and on one of the facility recreational yards. Several greeted and spoke with the committee, and were made aware of the reason for the visit. The inmates spoke freely and none offered up any complaints. The committee was pleased at how staff members in general were open to speaking with us. Several staff on their own, including but not limited to the educational officer, and one of the officers assigned to the OHU, explained their areas in good detail. There was one observation made by the CGJ committee, that on the recreation yards, inmates in general separate themselves by race when a much larger area is open to all inmates. Most all repairs to the facilities are completed by staff members assigned to the prison. Conclusion: It was determined by CGJ committee members that the CEN is a well-run prison with no major issues uncovered. Inmates are treated fairly and as a whole are not slighted. The increased medical treatments and facilities were certainly beyond what was expected.

F3: The couches and chairs in the day rooms and in the in-processing area are clean, inherently safe, and still serviceable. However, these items are so aesthetically unpleasing that we find these items to be demoralizing to the emotional welfare of the juveniles in the county's charge.

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R3: Every effort should be made to re-upholster the furnishings in the Juvenile Hall. Replacement of the furnishings would not seem to be economical or necessary as they appear to presently be safe for wards and staff.

F4: The management, staff and volunteers of ICJH have exhibited excellent training, devotion to duty, obvious concern for the welfare of the minors in their custody, thoughtful procedures and careful maintenance of the facility.

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R4: The staff and volunteers should be commended for their excellence, service, procedures and care for those in their custody and devotion to duty. Response Required: A response is required of the ICJH within 90 days of the publication of this report. 2011-2012 Imperial County Civil Grand Jury: Final Report of Findings Subject of Investigation: Seeley Union School District Justification: The Imperial County Civil Grand Jury investigates various agencies within the county based on a rotating 5 year cycle. Seeley Union School District (SUSD) has not appeared on the matrix before this time and was added this year. Background: The SUSD operates a kindergarten through eighth grade school system. The school site is divided into two areas, K through 6, plus 7 and 8. The two schools on the same site operate on different time schedules to facilitate efficient use of the campus. The day-to-day operation of the schools is the responsibility of one person who works as a combination principal/superintendent. The school staff are comprised of 40 employees. Included are three part-time workers who assist two full-time custodians. Custodial staff are charged with cleaning classrooms and the exterior areas of the campus. One of the custodians also drives one of the school buses. The cafeteria staff prepares daily lunches each morning in the cafeteria building. These meals are quick chilled after preparation. The food is warmed prior to serving lunch. Breakfast is provided to each student. Breakfast is counted as part of the instructional days per California state educational guidelines. The Seeley Elementary School has 100% student eligibility for free and reduced lunch program. The professional staff consists of 23 fully qualified teachers who have met all the credential requirements in accordance with the State of California guidelines. SUSD has a marching band complete with uniforms. The school owns all of the musical instruments. Student Achievement: SUSD students have achieved a 2010 Academic Performance Index (API) score of 714. California uses the Standardized Testing and Reporting (STAR) Program, including the California Standards Tests (CST), the California Modified Assessment (CMA) and the California Alternate Performance Assessment (CAPA). Student scores are reported as performance levels. The Seeley student API increased 16 points this year. Physical fitness tests are administered to all students in grades 5 and 7. The fitness test measures each students ability to complete fitness tasks in six major areas. The No Child Left Behind (NCLB) Act is part of the Federal Title I funding program designed to support additional staffing programs to meet the needs of low income, low achieving students and other designated students with special needs.

F5: The Civil Grand Jury finds the complainant’s case has not been handled by a single case manager.

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R5: The Civil Grand Jury recommends that oversight needs to be applied to make sure that cases are handled as per the Imperial County Department of Child Support Services “Cradle-to-Grave” policy of one case manager. Response Required: A response is required of Imperial County Department of Child Support Services within 90 days of the publication date of this report. 2011-2012 Imperial County Civil Grand Jury: Final Report of Findings Subject of Investigation: Seeley County Water District Justification: “The Grand Jury’s civil powers and duties include examining the books and records of any special-purpose assessing or taxing district located wholly or partly in the county and to investigate and report on the method and System of performing the duties of such district.” (Imperial County Grand Jury Procedures Manual 2011 edition, and Penal Code Sections 925(a) and 933.5. It is the function of the Imperial County Civil Grand Jury to examine local government and the conduct of public officials. The civil grand jury (CGJ) is charged with the duty of examining the conduct of county and city governments, their boards, commissions, departments, and bureaus, and in reviewing the conduct of any elected or appointed official, to assure the public of competent and ethical stewardship of the public agencies in Imperial County. The CGJ is not intended to be a super government for Imperial County and will not interfere with the discretionary policy making powers of public officials elected by the public or appointed according to law. Only when public officials violate criminal or procedural laws, or abuse their discretion, do they become proper subjects for comment or action by the civil grand jury. The civil grand jury’s function is the investigation of government; it is a “citizen watchdog” panel with an agenda of it’s own choosing. The civil grand jury represents the public, not itself, not any organizations nor any group with which individual members may be associated. It is the duty of the CGJ to think at all time in terms of the public interest. The Imperial County Grand Jury investigates various agencies throughout Imperial County based on a rotating five year cycle. Seeley County Water District was added to the matrix this year and therefore an investigation was warranted. Background: The Seeley County Water District is a public water agency recognized by the State of California since 1960. All demands for payment from the water district must be submitted to the Imperial County Auditor who maintains an account of funds for SCWD and processes all checks for the water district as long as sufficient funds are in the SCWD account. SCWD also maintains two savings accounts, which can be drawn upon to replenish the county account and also serves as a petty cash reserve to meet emergency financial situations. SCWD provides water and sewer service to the greater Seeley CA area, which includes Sunbeam Lake County Park and two rest stops on Interstate 8 east of the Drew Road “on ramps.” Investigation: The SCWD receives Colorado River water from the Imperial Irrigation District Central Main Canal, which is made potable through several steps. Fresh water is filtered and treated with chemicals and an ultraviolet system before pumping into storage tanks. Water testing is performed each week as samples are taken from the water plant as well as at the end of service lines. The samples are sent to a testing facility in Calexico. Periodic news releases about the potable water quality are sent by mail to the recipients of the water with their water bill. SCWD has received funds from two USDA grants for construction of two water storage tanks, new water lines, shutoff valves, fire hydrants, and water meters for residential and commercial customers. The old water tanks were installed in 1979-80. The new water tanks were necessary because of serious damage resulting from the Easter earthquake of 2010 to one tank and excessive corrosion to the other tank. The two new tanks hold 50,000 gallons each, whereas the old tanks held only 30,000 gallons of water each. The earthquake damaged tank was demolished and removed. The heavily corroded tank is used for back flushing the system and will be sealed with a new coating in the inside according to the president of the board. The contractors hired to complete this work were the low bidders. The CGJ was told it is very difficult to obtain bids on construction work in this area. The construction was implemented by three local companies RADCO and ANR Construction which, by all accounts, have no familial ties to anyone on the SCWD board of directors. Recently, new water service lines where installed for most of the Seeley area to replace water lines from the 1950’s made of cement and asbestos. The new water service lines will be made up of 8", 10", and 12" plastic. The new water meters will be read electronically by passing a wand device over it and then the information will be downloaded into a new computerized accounting system for water usage. The waste water system is also being upgraded as part of an agreement with the Regional Water Control Board (RWCB) in 2008-2010. A Citation and Correction was implemented under a five year Cease and Desist order. (See attachment 1) This was put in place to avoid a fine because SCWD is discharging wastewater into the New River that has not met minimum environmental standards as set by the State of California. Members of the Civil Grand Jury met with the president of the SCWD Board of Directors on October 20, 2011 and again on February 16, 2012. During the course of our investigation we learned that members of the Board of Directors are elected to four year terms. There are five members on the board serving staggered terms so that terms of office overlap every two years. The elections are held along with other county ballots. The Board meets on the second and third Monday of the month at the SCWD office located at 1898 W. Main St., in Seeley, CA. In addition to the Board of Directors, SCWD employs three permanent field workers, one part time temporary employee, and two office workers. Because it is a public agency with elections for board members that receives public monies from the residents of Seeley CA, SCWD is subject to the California Brown Act and the California Records Act. During the first meeting on October 20th, 2011, the Board President gave the CGJ committee a general tour of the facilities to provide background and operational information. About January of 2012 the CGJ received from the Regional Water Control Board web-site, a copy of the current Cease and Desist order issued to the SCWD. The Civil Grand Jury then decided that a follow up meeting with the SCWD to address water and waste quality issues was warranted. Consequently, a second meeting was held at the SCWD office on February 16, 2012 with the Board President. The CGJ committee made further discoveries of the operations and administration of the SCWD. At the conclusion of the meeting the committee orally requested copies of three documents. Since the CGJ is a body that represents the interests of the public, there was an expectation that these documents would be quickly provided to the CGJ, because SCWD is subject to the statutes of the California Records Act and must therefore immediately provide all non exempt documents to any member of the public who asks to review or scrutinize the activity of the SCWD. The Civil Grand Jury waited approximately 35 days for the requested documents. These documents were never received by the CGJ. The entire Grand Jury was advised of the situation with SCWD and the missing records. Also, at about this time, a copy of the agenda for the board meetings of the SCWD was made available to the CGJ. The minutes of the SCWD meeting were deficient in vital information that would allow a person to understand what was being discussed and voted upon. Because the minutes may have constituted a breach of the Brown Act, the CGJ decided to attend a board meeting. At the next board meeting the committee observed other potential violations of the Brown Act, especially the SCWD procedure of voting for all expenditures in a block only listed as “demands” on the agenda. Also, it was discovered that routinely SCWD does not provide members of the general public fact sheets and other materials proscribed by law. The SCWD also did not disclose any financial information to the general public. After discussing the observations of the committee with the full CGJ, it was determined to make an official request in writing to the SCWD for 18 months of financial documents, 18 months of official agendas and minutes, CPA audits for 2010 and 2012 and other miscellaneous documents. The letter was officially received by the SCWD on April 4, 2012. SCWD did not have the documents ready for review by the maximum amount of time stipulated by law of 10 days (per the California Records Act), after receipt of the official request on April 4, 2012. Also, the SCWD failed to send the CGJ the mandated letter to extend compliance by 14 days as mandated by the California Records Act. Finally, the documents were ready for review on April 30, 2012, twenty-six days after the receipt of the request. At the April 30th meeting with the SCWD, the CGJ committee was able to review the documents. During the meeting the SCWD Board President was adamant that the board had the right to keep all expenditures confidential from the general public and that the public had no right to see the individual “demands” expenditures before the vote to authorize payments by the SCWD Board of Directors.

F6: WDRs Order R7-2007-0036 (pages 11-12, section A.1.d) contains the following effluent discharge limitations: Bacteria: The bacterial concentrations in the wastewater effluent discharged to the New River shall not exceed the following concentrations, as measured by the following bacterial Indicators i. E. Col.i The geometric mean bacterial density (based on a minimum of not less than five samples equally spaced over a 30-day period) shall not exceed a Most Probable Number (MPN) of 126 MPN per 100 milliliters, nor shall any sample exceed the maximum allowable bacterial density of 400 MPN per 100 milliliters. ii. Enterococci. The geometric mean bacterial density (based on a minimum of not less than five samples equally spaced over a 30-day period) shall not exceed a MPN of 33 MPN per 100 milliliters, nor shall any sample exceed the maximum allowable bacterial density of 100 MPN per 100 milliliters. iii. Fecal Coliform. The geometric mean bacterial density (based on a minimum of not less than five samples equally spaced over a 30-day period) shall not exceed a MPN of 200 MPN per 100 milliliters, nor shall more than ten percent of the total samples during any 30-day period exceed 400 MPN per 100 milliliters.

F7: On March 1, 2011, the Regional Board Assistant Executive Officer issued Administrative Civil Liability (ACL) Complaint R7-2010-0030 to the Discharger for violations of the effluent limitations for Biochemical Oxygen Demand (BOD) and bacteria and that the Discharger reported in its Electronic Self-Monitoring Reports (eSMRs) from August 2009 to September

F8: On July 6, 2011, Regional Board staff met with the Discharger in Seeley to discuss the discharge of effluent that exceeded the effluent limitations for bacteria set forth in WDRs Order R7-2007-0036.

F9: On September 28, 2011, the Assistant Executive Officer received a letter from the Discharger, which requested that the Regional Board issue a CDO for the Discharger’s WWTP. The letter states in part: “Seeley County Water District proposes to make several improvements to our wastewater treatment facility that should bring our treatment plant back into compliance with our current NPDES Permit Requirements. Specifically, the wastewater plant improvements would address the violations directly related to ammonia toxicity, BOD, and bacteriological quality.”

F10: Based on the information in the Discharger’s letter and the Discharger’s self-monitoring reports, the Discharger has violated current final effluent limitations in WDRs Order R7-2007- 0036 set forth in Finding No. 7 above, for bacteria from August 2009 to September 2011. Discharger threatens continued and future violations of the final effluent limitations for bacteria set forth in WDRs Order R7-2007-0036.

F11: California Water Code (CWC) Section 13301 states in relevant parts: “When a regional board finds that a discharge of waste is taking place, or threatening to take place, in violation of requirements or discharge prohibitions prescribed by the regional board or the state board, the board may issue an order to cease and desist and direct that those 2 Seeley County Water District WWTP Cease and Desist Order R7-2011-0058 persons not complying with the requirements or discharge prohibitions (a) comply forthwith, (b) comply in accordance with a time schedule set by the board, or (c) in the event of a threatened violation, take appropriate remedial or preventive action.” “In the event of an existing or threatened violation of waste discharge requirements in the operation of a community sewer system, cease and desist orders may restrict or prohibit the volume, type, or concentration of waste that might be added to that system by dischargers who did not discharge into the system prior to the issuance of the cease and desist order."

F12: CWC Section 13385(h) and (i) require the Regional Board to impose mandatory minimum penalties upon dischargers that violate certain effluent limitations. CWC Section 13385(j) exempts certain violations from the mandatory minimum penalties. CWC Section 13385(j)(3) exempts the discharge from mandatory minimum penalties “where the waste discharge is in compliance with either a cease and desist order issued pursuant to Section 13301 or a time schedule order issued pursuant to Section 13300, if all the [specified] requirements are met.”

F13: Compliance with this Order exempts the Discharger from mandatory minimum penalties for violations of effluent limitations in accordance with CWC Section13385 (j)(3) from the date of this Order’s adoption by the Regional Board.

F14: Specifically, pursuant to CWC Section 13385(j)(3)(B)(iii), mandatory minimum penalties under 13385 (h) and (i) shall not apply to violations of effluent limitations for bacteria established in WDR Order R7-2007-0036 for the reasons detailed below: a. Unanticipated changes in the quality of the municipal and industrial water supply available to the discharger are the cause of unavoidable changes in the composition of the waste discharge, which are the cause of the Discharger’s inability to comply with the effluent limitations; b. No alternative water supply is reasonably available to the Discharger; and c. New or modified control measures are necessary in order to comply with the effluent limitations; and d. The new or modified control measures cannot be designed, installed, and put into operation within 30 days.

F15: CWC Section 13385(j)(3) requires the Discharger to prepare and implement a pollution prevention plan pursuant to CWC Section 13263.3. Therefore, a pollution prevention plan for bacteria will be necessary in order to effectively reduce the effluent concentrations by source control measures.

F16: CWC Section 13263.3(d)(1) states in relevant part: The state board, a regional board, or a POTW may require a discharger subject to its jurisdiction to complete and implement pollution prevention plan if: (D) The discharger is subject to a cease and desist order issued pursuant to Section 13301…

F17: Because the time schedule to complete the construction and implementation of WWTP improvements exceeds 1 year, this Order includes interim requirements and dates for their achievement as required by 13385 (j)(3)(c)(iii). Seeley County Water District WWTP Cease and Desist Order R7-2011-0058

F18: Issuance of this CDO to enforce CWC Division 7, Chapter 5.5 is exempt from the provisions of the California Environmental Quality Act (Public Resources Code, § 21000 et seq.), in accordance with Section 15321 (“Enforcement Actions by Regulatory Agencies”), Title 14, California Code of Regulations.

F19: Any person aggrieved by this action of the Regional Board may petition the State Water Resources Control Board to review the action in accordance with CWC Section 13320 and California Code of Regulations, Title 23, Section 2050 and following. The State Board must receive the petition no later than 5:00 p.m., thirty (30) days after the date of this Order, except that if the thirtieth day following the date of this Order falls on a Saturday, Sunday, or state holiday, the petition must be received by the State Water Board by 5:00 p.m. on the next business day. Copies of the law and regulations applicable to filing petitions may be found on the Internet at: http://www.waterboards.ca.gov/public_notices/petitions/ water_quality. Copies will also be provided upon request. IT IS HEREBY ORDERED, that in order to meet the provisions contained in Division 7 of the CWC and regulations adopted there under, the Discharger shall comply with the following: