Gran Jurado del Condado de Kern

2014-2015

5 informes

Hallazgos & Recomendaciones 6 hallazgos
F1: The Department protects the consumers of Kern County from improper charges based on weights and measures.
Recomendaciones relacionadas (1)
R1: The Department should continue its proactive practices that protect Kern County’s citizens and agriculture. (Findings 1, 2, 3 and 4) NOTES: • The Kern County Department of Agriculture and Measurement Standards should post a copy of this report where it will be available for public review. • Persons wishing to receive an email notification of newly released reports may sign up at: www.co.kern.kern.ca.us/grandjury. • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.co.kern.ca.us/grandjury. RESPONSE REQUIRED WITHIN 90 DAYS PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: TRUXTUN AVENUE BAKERSFIELD, CA 93301 32 33 34 35 36 37 38 39 40 KERN COUNTY AUDITOR-CONTROLLER- COUNTY CLERK ELECTIONS DIVISION PREFACE: The right to vote is one of the basic rights of citizenship. The Kern County Elections Division (Division) provides the people of the County the means to vote. The Kern County Auditor-Controller-County Clerk is in charge of the Division which is supervised by the Elections Division Chief. PURPOSE OF INQUIRY: The Administration and Audit Committee (Committee) of the 2014-2015 Kern County Grand Jury (Grand Jury) inquired into the operations of the Division pursuant to Penal Code §925. PROCESS: The Committee interviewed the Kern County Auditor-Controller-County Clerk and the Elections Division Chief. The Committee conducted online research, reviewed previous Kern County Grand Jury reports, studied Division documents, and interviewed other Division staff. FACTS: The Division must give the voters an election experience that is straightforward and as simple as possible. The first step for a citizen is registering to vote which can be done in many ways. One way is by swearing under the penalty of perjury that one is eligible to vote; this is done before a registrar of voters. Additional methods include when conducting business with the California Department of Motor Vehicles, online at the California Secretary of State website, or by mail. Voter information comes from both the State and the Division. The State mails to registered voters a pamphlet covering statewide propositions and candidates. The Division mails a sample ballot which includes all statewide and local offices and issues. The sample ballot includes a vote by mail application and the location of the voter’s polling place. Vote by mail voters are mailed ballots with instructions for the marking and return of the ballots. The third part of the process is the counting (and, if necessary, recounting) of the ballots, certification of the count, and publishing the results. In November of 2014 and prior to the General Election, the Grand Jury observed and participated in the verification of the process of tallying the ballots cast by voters and the Committee decided to do an investigation following that election. Before the November 2014 General Election, the US Census estimated California had 24,288,145 potential voters. In that election, the California Secretary of State reported 17,803,823 registered voters and 7,513,972 actual ballots cast.
F2: The DIIP allows for immediate identification and location of potentially harmful insects.
F3: The GIS provides important information quickly to first responders.
Recomendaciones relacionadas (1)
R2: The Kern County Board of Supervisors should give serious consideration to the plan for reorganization of the Division. (Finding 3) 42 NOTES: • The Kern County Auditor-Controller-County Clerk and the Kern County Board of Supervisors should post a copy of this report where it will be available for public review. • Persons wishing to receive an email notification of newly released reports may sign up at: www.co.kern.kern.ca.us/grandjury. • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.co.kern.ca.us/grandjury. RESPONSE REQUIRED WITH 60 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 43 KERN COUNTY SHERIFF’S OFFICE INMATE WELFARE FUND PURPOSE OF INQUIRY: Penal Code §925 authorizes county grand jury investigations of county departments. The Administration and Audit Committee (Committee) of the 2014-2015 Kern County Grand Jury (Jury) conducted an investigation of the Kern County Sheriff’s Office (KCSO) Inmate Welfare Fund (IWF) as used for KCSO in-custody facilities. PROCESS: The Committee reviewed past Kern County Grand Jury Reports, researched Penal Code §4025 (Code), consulted County Counsel and interviewed KCSO personnel. Online research was conducted; sheriff’s departments in comparable counties were contacted for information on their inmate welfare fund uses and practices. Additionally, financial records of the IWF were examined and programs paid for by the IWF were reviewed. Finally, the Committee attended a graduation ceremony for an IWF financed substance abuseprogram and interviewed inmates who had been in the program. BACKGROUND AND FACTS: The Code allows, but does not require, a county sheriff to establish an inmate welfare fund and gives general guidance on the uses of, limitations on, and revenue sources of the fund. The Code gives the sheriff a discretion in use of the fund. The Committee was advised by County Counsel that there is no applicable case law on the subject. In Kern County, the main sources of income for the IWF are sales of items to inmates through a commissary service and phone calls made by inmates. The accounting is separate from theKCSO’s operational fund and the Kern County General Fund. In February 2014, the Federal Communications Commission (FCC) set limits on inmate collect call rates on interstate calls and attempted to extend the rates to intrastate calls. The first action is within the powers of the FCC; the second has raised questions about the limit of Federal power. Currently, the new rates are on hold. Should the FCC prevail, current phone call annual revenue to the IWF of$1,800,000 will be reduced. The IWF is used for academic, vocational, religious, self-improvement, and therapy programs for inmates. Examples includebut are not limited to: • Academic classes: General Education Development preparation (GED), Health, and Independent Studycourses • Vocational classes: Computers, Auto Body, Cafeteria, and Food Services • Religious: Chaplain Program 44 • Self-improvement Programs: Substance Abuse, Anger Management, Life Skills, and Parenting • Therapeutic Programs: Dialectical Behavior, Seeking Safety and Veterans The IWF pays for, among other amenities, newspaper and magazine subscriptions, television sets in general inmate areas, and media services. It has been used to provide or upgrade security equipment that contributes to inmate safety. The IWF pays the salaries and benefits of personnel directly associated with IWF programs plus maintenance costs for the commissary and classrooms. The IWF has had an ongoing balance of approximately $6,000,000 for several years which indicates that the annual income of approximately $4,000,000 is balanced by expenditures. The Kern County Sheriff (Sheriff) states a significant portion of the IWF is earmarked for video visitationat the new jail facility.
F4: The Commissioner is proactive in protecting agriculture in Kern County. COMMENTS: The Committee commends the Commissioner and his staff for their openness, knowledge and frankness in answering the Committee’s questions along with their dedication to serving the citizens of Kern County.
F5: Several comparable counties have an advisory panel providing input on use of inmate welfare funds. The members were often sheriff’s personnel who serve by virtue of the office, while some were composed of civilians.
F6: The Kern County Sheriff seeks input from KCSO staff on the use of the IWF

Hallazgos y recomendaciones aún no extraídos.

Hallazgos & Recomendaciones 15 hallazgos
F1: The Center is well-organized andclean.
Recomendaciones relacionadas (1)
R2: America’s Job Center should continue their outstanding service to the community. (Findings 1, 2, and 3) NOTES: • America’s Job Center should post a copy of this report where it will be available for public review. • Persons wishing to receive an email notification of newly released reports may sign up at: www.co.kern.kern.ca.us/grandjury. • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.co.kern.ca.us/grandjury. RESPONSE REQUIRED WITHIN 90 DAYS PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 97 Kern County Board of Supervisors Response to Grand Jury Final Report America's Job Center Response to Findings: The Board of Supervisors notes that the Grand Jury's findings are correct. Response to Recommendations: RI: Efforts should be made to solicit more donations to stock the professional clothing collection. We concur with the Grand Jury's recommendation to solicit more donations to stock the professional clothing collection. Since the Grand Jury's tour of the East Belle Terrace facility, America's Job Center of California (AJCC) staff has received donations of both men and women's professional clothing appropriate for interviews. Staff has also reached out to stores at the Tejon Outlet Mall to seek donations of returned clothing in order to obtain more consistent donations.
F2: Modern technology is evident throughout the Center. Social media is utilized to spread knowledge of the programs.
Recomendaciones relacionadas (3)
R3: Robert’s Rules of Order, the Brown Act, the Williams Settlement Agreement and Board Ethics training should be completed by all board members. (Findings 2 and 4)
R5: The public should be allowed adequate time to express their concerns in open session at Board meetings. Board Members should address respectfully the public regardingtheir concerns. (Findings 2,5, and 6)
R7: The District should consult legal counsel regarding the Brown Act on conflict of interest and personal concerns. (Findings 2 and 8)
F3: Up-to-date printing on-site allows the Center to produce professional quality materials.
F4: Veterans and their spouses receive priority over all other participants in any program.
F5: The Center targets industrial clusters according to high demand and high wages,e.g., energy and natural resources, logistics and manufacturing,etc.
Recomendaciones relacionadas (1)
R4: Open session of Board meetings should be held at a reasonable time to allow public access and input prior togoing into closed session. (Finding 5)
F6: Employer-led public/private partnerships close skills gaps and increase regional prosperity.
F7: The inventory of professional clothing was limited and dated. COMMENTS: The Committee was impressed by the quality of the environment and the interest shown by the staff. They showed a deep understanding of the problems that clients arefacing.
Recomendaciones relacionadas (2)
R1: Efforts should be made to solicit more donations to stock the professional clothing collection. (Finding 7)
R6: Board Members should take into consideration the needs of the entire District. (Finding7)
F8: Board Members are unclear as to what is considered a conflict of interest regarding their ability to vote on raises/stipends and other related issues that affect their immediate family members.
F9: Loss of student enrollment has placed a financial burden on the District in meeting all of its statutoryobligations.
Recomendaciones relacionadas (1)
R8: The Board should address the public’s concerns to determine why so many students have left the District in hopes of re-enrolling those students. This wouldhelp placethe District on a better financial standing. (Finding 9)
F10: Home to school bus pass fees are not properly collected and accounted for. Some Board Members statedthat the fee is only voluntary. COMMENTS: The Committee would like to thank the past and present Superintendents as well as the members of the School Board who cooperated with us in this investigation. The Committee has some concerns that not all the information given by the interviewees was truthful.
Recomendaciones relacionadas (1)
R9: The District should follow their adopted administrative policy concerning bus pass fees, so the fees are equally and equitably applied to all students who ride the bus. (Finding10) NOTES: • The El Tejon Unified School District should post a copy of this report where it will be available for public review. • Persons wishing to receive an email notification of newly released reports may sign up at: www.co.kern.kern.ca.us/grandjury. • Past and present Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.co.kern.ca.us/grandjury. RESPONSE REQUIRED WITHIN 90 DAYS PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 DISCLAIMER: This report was issued by the Grand Jury with the exception of two jurors pursuant to Penal Code §916.2(a). These jurors were excluded from all parts of the inquiry/investigation (including interviews), deliberations, writing and approval of this report. 102
F11: Home loan guarantee information
F12: Increased self-esteem for the disabled
F14: Burial benefits D. Services available to veterans:
F15: Program reviews/evaluation
F16: Community involvement and support II. Special Education Local Plan Area (SELPA) – a geographic region of sufficient size to provide for all Special Ed services within the boundary. Kern County has four SELPAs: BCSD, KHSD, KCSOS and the remote regions of Kern County. A. Special Ed classes in the KHSD
Hallazgos & Recomendaciones 23 hallazgos
F1: The Board is in compliance with the Ralph M. Brown Act, Form 700 completion and Proposition 218 requirements. The Board has received Ethics Training.
F2: One or more Board Members have at least one family member employed by the District.
Recomendaciones relacionadas (1)
R1: Board Members who have relatives employed by the District should recuse themselves from any financial or personnel discussions or votes on issues relating to such relatives’ employment. (Finding 2)
F3: The Board followed proper procedures for replacing a Board Member who passed away shortly after being elected.
F4: According to meeting minutes, Board Meetings run between three and five hours. 1. The agenda for February 26, 2015, contained a lengthy number of information and discussion items. 2. The Board Meeting attended by the Committee did not have sufficient seating for attendees. The audio system was inadequate, causing attendees to not hear, and speakers to not be heard. Portions of the video of the meeting were inaudible. 3. Instructions for public comment and the use of speaker cards were unclear and inconsistent. 4. According to the General Manager, funds have been allocated for a remodel of the administrative offices which would provide a larger space for public meetings.
Recomendaciones relacionadas (1)
R2: Board Meetings should be improved by: • Limiting discussion and public comment to the time allotted • Reserving lengthy discussions for town hall meetings or working groups • Providing sufficient seating and an audio system that can be heard by all • All Board Members having the same access or materials in front of them during the meeting • Explaining and enforcing public comment rules (Finding 4)
F5: Due to many factors, the District has yet to apply for a current incentive program in time to be allocated funds for the District’s solar energy project; however, they could apply for a wait-list position for funding. The pace of the project has been influenced by financial and design considerations.
Recomendaciones relacionadas (1)
R3: The District should continue to evaluate effectiveness of solar energy as cost savings to the District. (Finding 5)
F6: The District has been aware of the pine bark beetle infestation for some time; efforts have been impeded by public resistance to initial abatement efforts. Public opinion appears to be changing. According to the General Manager, efforts to streamline the process have begun, for example, amending an ordinance to reduce the required number of hearings. 164
Recomendaciones relacionadas (1)
R4: The District should continue to expedite the work towards pine bark beetle abatement. (Finding 6)
F7: An option to treat effluent for use as lake-fill is being considered. The District may be able to reallocate funds for more Parks and Recreation amenities if treated effluent can be used for cost-efficient lake-fill instead of purchasing water.
Recomendaciones relacionadas (1)
R5: The Board should further explore options for treating effluent as a less expensive source of water for lake-fill. (Finding 7) 165
F8: There is a duplication of administrative duties among neighboring community service districts’ police departments. Currently, the BVPD provides dispatch services to the City of Tehachapi. Combining police services and eliminating duplicate positions, may save both districts money.
Recomendaciones relacionadas (1)
R6: The District should consider alternatives to the BVPD, such as: • Consolidation of police departments in surrounding communities • Solicitation of new clients for dispatch services (Finding 8)
F9: Ongoing litigation expenses for the Bear Valley Police (BVPD) from July 2014 through February 2015 were in excess of $200,000.
Recomendaciones relacionadas (1)
R7: The District should resolve the pending BVPD personnel litigation in a timely manner in order to mitigate legal costs. (Finding 9)
F10: The District is not being compensated for flood control services it is providing that may benefit Kern County residents outside the District boundaries. COMMENTS: The Committee would like to thank the Board Members and the District staff for their time and information during this investigation.
Recomendaciones relacionadas (1)
R8: The District should review the possibility of receiving compensation for flood control from Kern County. (Finding 10) NOTES: • The Bear Valley Community Service District should post a copy of this report where it will be available for public review. • Persons wishing to receive an email notification of newly released reports may sign up at: www.co.kern.kern.ca.us/grandjury. • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.co.kern.ca.us/grandjury. RESPONSE REQUIRED WITHIN 90 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 DISCLAIMER: This report was issued by the Grand Jury with the exception of a juror pursuant to PC §916.2(a). The juror recused her/himself from all parts of the inquiry/investigation, including interviews, deliberations, and the writing and approval of this report. 166
F11: If the District is interested in acquiring the Arsenic Removal Project grant, the District must raise water rates based on the recommendations in the Study. (Appendix B)
F12: The District does not have a Master Plan that encompasses water, street lighting, sewer and park future needs.
F13: The Committee members attended a monthly District meeting in which the Board failed to follow proper parliamentarian procedures. COMMENTS: Online search by the Committee has found a number of associations that work directly with special districts, including the California Special Districts Association. This organization includes but is not limited to legislative services, educational training and workshops, advocacy, information resources and legal advice to special districts. Organizations such as these often prove valuable to smaller special districts. The Grand Jury appreciates the cooperation of the District’s Board Members and staff in providing the requested information in a timely manner. The Committee thanks the California Rural Water Association, the California Department of Water, the Antelope Valley East Kern Water Agency (AVEK) and the Kern County Auditor Controller for their time.
F14: Following the November 2014 General Election, the Kern County Elections Division certified a five member board for the District.
F15: On May 20, 2015, the Committee was present at a properly agendized and posted Emergency Board Meeting. The meeting was convened by three newly seated District Board Members (a quorum) for the purpose of electing officers and dealing in closed session with a personnel issue. Two District Board Members and the General Manager did not attend.
F16: Also on May 20, 2015, the District’s motor-grader, an essential piece of equipment, was inoperable due to flat tires and other maintenance issues.
F17: District records show a purchase of five gift cards totaling $125 at Albertsons in November 2011, which appears to be a gift of public funds.
F18: Records show purchases unrelated to the mission of the District. COMMENTS: The Committee has not had sufficient time to fully investigate all issues that have appeared and strongly encourages that the 2015-2016 Grand Jury conduct an in-depth investigation.
F19: The District is overdue for water and sewer rate studies.
Recomendaciones relacionadas (2)
R10: The Directors should educate themselves on the differences and consequences between flat and tiered water rates. (Finding 19)
R11: The Directors should do research prior to further action regarding parks and recreation. (Findings 19 and 20)
F20: Most Directors appear to lack sufficient understanding of water rates including tiered rate structures.
F21: The District has approached the Kern County Board of Supervisors to terminate the agreement for the operation of the Rosamond Community Pool and Recreation Center; no money has been allocated to the 2015-2016 District Budget for recreational activities.
Recomendaciones relacionadas (1)
R9: The District should conduct a water rate study before proposing new water rates. (Finding 21)
F22: The staff provides background information on District business to Directors for agendized items.
Recomendaciones relacionadas (1)
R12: The Board of Directors and District staff should work to improve their interactions. (Finding 22) NOTES: • The Rosamond Community Services District should post a copy of this report where it will be available for public review. • Persons wishing to receive an email notification of newly released reports may sign up at: www.co.kern.kern.ca.us/grandjury. • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.co.kern.ca.us/grandjury. RESPONSE REQUIRED WITHIN 90 DAYS PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301
F23: Interaction between Directors and District staff appeared to be strained, and this prolonged District business during the April 21, 2015 Meeting. COMMENTS: The Committee would like to thank the Directors and the District staff for their time and information during this inquiry. During the investigation the Committee was impressed with the District Secretary’s and Auditor’s professionalism and preparedness.
Hallazgos & Recomendaciones 12 hallazgos
F1: While there is reason to hire a full-time veterinarian, CALM currently does not have the funds to do so.
Recomendaciones relacionadas (1)
R1: When funds are available, CALM should hire a full-time veterinarian. (Finding 1)
F2: CALM is adequately staffed with well-trained personnel. There are volunteer training programs in place.
Recomendaciones relacionadas (1)
R2: CALM should continue to develop its staff and volunteer training programs. (Finding 2)
F3: A significant amount of CALM’s income comes from special events. In particular, the Holiday Lights event in December brings in the most income of all special events.
Recomendaciones relacionadas (1)
R3: CALM should develop and advertise its events as much as the budget allows plus create more events if possible. (Finding 3)
F4: The building of bigger habitats for larger animals (bear, cougar, and big horn sheep) has resulted in much better environments for these animals.
Recomendaciones relacionadas (1)
R4: CALM should continue to build better habitats for its animals. (Finding 4)
F5: An animal enrichment programis in place at CALM, providing environmental and sensory stimulation such as making feeding more challenging, requiring the animal to solve simple problems, and enhancing the animal’s habitat. Such stimulation improves or maintains an animal’s physical and psychological health. Black Bear at CALM
Recomendaciones relacionadas (1)
R5: CALM should continue to develop its animal enrichment program for all permanently exhibited animals. (Finding 5)
F6: CALM plans to open a high ropes challenge course and zip line in 2015 that will generate additional revenue.
Recomendaciones relacionadas (1)
R6: CALM should implement its plans for the opening of new activities and exhibits. (Findings 6 and 7) Cougar Enjoys Larger Habitat at CALM
F7: In the future, CALM plans to upgrade the Veterinary Clinic, purchase a digital X-ray machine, acquire a food concession, open an interactive California Coast exhibit, improve the signage on the highway, and develop a new major habitat (for example, for Tule elk, pronghorns,orriver otters).
F8: CALM is 32 years old, and upgrades are needed for this aging facility. COMMENTS: The Committee found CALM to be clean, adequately staffed, well-organized, and forward- looking. The Committee would like to thank the Zoo Manager, the Curator of Animals, and the Chief of Staff of KCSOS for their time,for an extensive tour of CALM, and for their quick responses to post-visit questions.
Recomendaciones relacionadas (1)
R7: CALM should budget enough funds for the upgrades and repairs necessary to keep CALM looking well-maintained, clean, and fresh. (Finding 8) NOTES: • The California Living Museum and the Kern County Superintendent of Schools should post a copy of this report where it will be available for public review. • Persons wishing to receive an email notification of newly released reports may sign up at www.co.kern.kern.ca.us/grandjury. • Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website www.co.kern.ca.us/grandjury. RESPONSE REQUIRED WITHIN 90 DAYS PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 57
F9: A park of 20 acres that belongs to the Kern County Parks and Recreation Department (KCPRD) is located in the City. The KCPRD is not keeping the park up to par with the City owned park. The City is currently exploring the possibility of acquiring the County owned park.
F10: The City has hired a grant writer.
F11: The City Council has allotted between $50,000 and $60,000 from sales tax revenue to start repairing the streets as there are many potholes throughout the City.
F12: In 2013, the City received a $500,000 grant from the Department of Homeland Security for: • Acomputer room,which has been completed • Helping the Police Department to conduct DUI check points throughout the City • Helping the Police Department to establish a better organized evidence room COMMENTS: The Committee would like to thank the City Manager and the Acting Chief of Police for their time, input and consideration. Their cooperation was helpful and greatly appreciated. Bothemployees have been in the office a short time and are working towardthe betterment of the City. 60

Additional documents

Documents found alongside this year's reports, not grand jury reports or responses.