Mendocino County 2008-2009 - California Grand Jury Reports

📋June 30, 2009 — The cover of this report was designed by graphic artist Tobin Keller. The images are of Pomo Indian baskets from the

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F1: Redwood Coast Seniors, Inc. was established as a California non-profit 501(c) 3 corporation in 1973 to operate a senior center in Fort Bragg and provide services for seniors on the Mendocino Coast.

F2: Redwood Coast Senior Center is governed by a board of directors currently composed of six (6) members. Three members constitute a quorum. The bylaws state that the board shall consist of a minimum of five and a maximum of nine members. The board is self-selecting. Candidates are nominated by the board and approved by a quorum of the board. The Board receives no formal training.

F3: Jurors were told that under prior bylaws, there was a seven (7) year term limit. A copy of these bylaws is no longer available to the board members; nor was it provided to the Grand Jury. According to the undated bylaws that were provided to Jurors in October 2008, members serve a three-year term with no cap on the number of terms one can serve. There were no minutes on file that documented adoption of these bylaws.

F4: Minutes indicate that these bylaws were amended in September of 2008 to permit two members of the Executive Committee to transact business with the full authority of the board. The only restriction is that the Executive Committee is required to report to the full board on all actions taken. Ratification by the full board is not required.

F5: Many administrative duties of the board are delegated to an executive committee composed of the President, Vice President and the Treasurer. The current President and Vice President have served on the executive committee for more than twelve years. The Executive Director reported that many “sensitive” issues are addressed by the executive committee which keeps no minutes of its actions. Not all executive committee decisions are discussed by the full board.

F6: The board’s intent is to hold monthly meetings, but meetings are not always held.

F7: Board members described their roles as policy setting, financial and operational oversight, and selection and supervision of the Executive Director.

F8: As of March 9, 2009, the current Executive Director had been employed for the past 12 years and had recently submitted his resignation, effective March 13, 2009. Some board members credit him with having maintained the financial health of the Center which is financially solvent, with an annual budget of just under $1,000,000.

F9: The Executive Director provides the board with staff reports on Center activities, finances and personnel and, until recently, has been responsible for preparation of the minutes.

F10: The Grand Jury requested copies of board minutes and discovered that not all meetings had been documented by accurate, complete minutes that have been reviewed and formally approved in subsequent board meetings. In several cases minutes for one month were identical to those prepared for the previous meeting.

F11: The Area Agency on Aging (AAA) is a major funder of the Center. AAA channels county and federal funds for senior programs to local non-profit agencies and serves an oversight function to ensure that the funds are properly spent.

F12: The Center reports monthly to AAA on the number of meals served, number of meals delivered and the number of clients served in the adult day care center. AAA annually inspects the financial and service records.

F13: At two public meetings last year, AAA heard complaints from the public about the Center. Copies of the written complaints were forwarded to the Center board. These expressed concerns about governance of the Center, the termination of long-term employees and general dissatisfaction with the Executive Director’s regular absences from the site.

F15: Grand Jury members attended the December 2008 meeting at which board members voted to conduct an evaluation of the Executive Director and to order an audit of the Center’s finances by a certified public accountant. On March 9, 2009, Jurors were informed that the Center is in the process of soliciting bids for audit services. Findings: Staffing

F16: The board hired the (now former) Executive Director twelve years ago and gave him authority and responsibility for running the Center. Running the Center includes day-to-day operations; hiring, firing and supervising all staff; program development; preparing budgets, grant writing, fundraising and establishing salaries and fiscal controls. Only the Executive Director position reports to the board. The Executive Director is the Center’s sole official contact with the board.

F17: In the last two years the staff size has ranged from 15 to 20 employees. Center documents show that staff turnover has included nine employees who left in 2007 and ten who left in 2008. In February 2009, there were 16 employees, including the Executive Director, and four on-call workers. Eight of the sixteen employees have served less than two years. The remaining eight employees, including the Executive Director, had worked at the center for an extended period.

F18: The Executive Director reported that, as of September 2008, “…the median tenure of the Center’s employees was 7.83 years.”

F19: The Executive Director and the Chef/Operations Manager positions are salaried. All other employees are paid hourly.

F20: The employee handbook is dated 2003 and is not fully consistent with current practice.1

F21: Full-time employees,2 other than the (former) Executive Director, accrue vacation at the annual rate of 80 hours for the first three years of employment, 120 hours in years four through nine and 160 hours thereafter. The stated policy is that: …accrual of vacation time up to 200 hours is permitted. Vacation time beyond 200 hours is forfeited unless approved, in writing, by the executive director.

F22: The (former) Executive Director accrued vacation at the annual rate of 480 hours (12 weeks per year). The Grand Jury found no evidence of a cap having been established on accrual of these vacation hours and the Executive Director stated that he “knew of no cap” and that he had cashed in “about $5,000” in vacation hours when he purchased a car.

F23: At the time of the investigation, the (former) Executive Director was completing the second year of the four-year law degree program at Empire College in Santa Rosa.

F24: The July 2008 board minutes reflect a discussion and approval of the Executive Director’s telecommuting to permit legal education that is described as “directly beneficial” to the Center. Minutes note that “telecommuting is not unusual for executives.” Minutes do not specify an agreed upon work schedule reflecting the 2+ work days per week that the Executive Director was regularly out of town.

F25: The Executive Director reported that he was attending law school from 6-9 p.m. in Santa Rosa on Tuesday, Wednesday and Thursday and that he was at the Center on Monday and Friday and part of the day on Tuesday.

F26: The Center board provided the Grand Jury with copies of written complaints it received about the Center in 2006 and 2008. The departure of key staff members in each of those years appears to have prompted a flurry of complaints about leadership and management issues. Written complaints state that: • “The director is seldom seen.” • “Repeated requests for copies of bylaws or procedures have been refused.” • “Employees say they are afraid to speak up.” • “No criticism, no matter how constructive, is allowed.” • “Morale is low at the Senior Center; volunteers are unhappy. Employees are unhappy.” • “Employees feel that they are not treated fairly. They are fearful of their jobs...” 1 One example is that the handbook states that employees are paid for their lunch breaks and this is no longer the case. The Employee Handbook assigns health insurance benefits to those working a minimum of 31 hours per week. Regularly scheduled employees who work 20 to 40 hours per week receive other benefits proportionate to the hours worked. • “They [2006 board members] seem out of touch with daily operation of the Center.” • “…employees are nervous and intimidated. …no one will speak up for fear of retaliation...” • “The Director comes to work when he feels like it and attends law school during work days, while receiving full pay and benefits.” • “I’ve observed unethical business practices, harassment, and unprofessional conduct by the Executive Director.” • “If anyone voiced their opinion or questioned his authority, they were fired without notice.” • “There never was a backup plan in case someone called in sick [for staffing of the day care program]. There was just a big shuffle of personnel into day care to cover...” • “Due to unethical business and personnel procedures many employees and volunteers have left under duress or been fired with little or no explanation.” • “Much of the dissatisfaction revolves around his [the Executive Director’s] lack of interaction with the employees and volunteers.” • “Disagreeing with [the Executive Director] was cause for dismissal.”

F27: The Executive Director asserted that “…a concerted effort has been made by a small group of people to damage [his] reputation.”

F28: The Executive Director was paid a salary of $71,000 per year plus benefits, an annual bonus and reimbursement of business expenses. There was no formal process for review and approval of his expense reports. This past year, when the Center was forced to draw $50,000 from its reserve fund, the Executive Director received a bonus of $2,000. This was half of the prior year’s bonus. He also received law school tuition payments of $3,000 per semester.

F29: The Executive Director stated that the board had approved tuition payments to him of $3,000 per semester, but the Grand Jury found no documentation of this in the board minutes provided through October 2008.

F30: In March 2009, the Executive Director provided a letter signed by the Vice President of the Board (dated March 10, 2009) retroactively stating that …In 2006 the Executive Committee offered tuition support to our executive director to complete his bachelors degree at Sonoma State University at $3,000 a semester. During that semester he found he was able to gain admission to the Empire College School of Law; he was authorized to continue with that same level of support, and was granted permission to telecommute to work from Santa Rosa two days a week.

F31: Also in March 2009, the Executive Director provided Jurors with a copy of the August 2008 board minutes that were not included in response to the initial document request. These newly provided minutes indicate the board’s approval of the law school tuition payments that he had been receiving, ostensibly with executive committee approval, since 2007.

F33: The tuition payments were distributed by check, payable to the Executive Director and entered in the Center’s books as a “training expense.” Like other payments under $5,000, these checks required only the signature of the Executive Director. The Executive Director first stated that he “…did not know whether they were subjected to payroll taxes and withholding.” He then informed the Jurors that the payments “…were not subject to withholding and that they were not reported as income.”

F34: The Ukiah Senior Center Executive Director supervises a medical model day care center and a full service senior program with a combined staff of 26 and an annual budget of $975,000. This position involves a full work schedule. It pays an annual salary of $50,000. Employees at the Ukiah Senior Center received a bonus for the first time in 2008. The amount was $50 for each employee. Findings: Finances

F35: Some board members stated that they valued the Director’s track record for managing the Center’s budget of just under $1 Million per year.

F36: Total income for Fiscal Year (FY) 2007-08 was $992,729, including $268,942 from AAA as partial funding for group and home delivered meals, community outreach and the Day Care Center.

F37: The Centers’ 2008-09 AAA contract provides for payments of $222,459. This represents a decline of 17% from the prior year.

F38: Mendocino Transit Authority (MTA) has committed to $147,800 for the Center’s transit services during 2008-09, a decline of 5% from the previous year. Further cuts are likely under the terms of the California State Budget that was adopted in February 2009.

F39: The Center is in its fifth year of a $100,000/year grant from United Way to implement an innovative suicide prevention program at 11 senior centers in Mendocino and Lake Counties. The Center distributes a large part of this grant to support program implementation at the other sites.

F40: Transportation fees, meal donations, cash and in-kind donations, and fund raisers, including proceeds from the volunteer-operated Granny’s Attic thrift store account for 49% of the budget. Year-end profit and loss statements show gross thrift store sales of $19,711 in FY 2006-07 and $18,802 in FY 2007-08.

F42: The last formal audit of the Center’s finances was in 2002. The July 2007 board minutes document repeated board requests for more complete financial reports with comparisons to the prior year. Jurors were told that since June or July 2008 the board has received a year-to-date budget report with summaries (by account) of the current and prior year. Journal entries are not routinely provided.

F43: At the December board meeting, which was attended by Jurors, the board voted to contract for an independent audit of the Center. Minutes of this meeting have not been published but, in March 2009, Jurors were told by the interim Executive Director that the Center is engaged in a bidding process for audit services. Findings: Programs

F44: The Center is open Monday through Friday. It is closed on holidays.

F45: Meal service in the dining room is very pleasant. Diners are seated at comfortable tables and may choose between the day’s hot meal and a self- serve salad bar. Volunteers serve the hot meals and beverages.

F46: Congregate (group) meals are also provided at the Mendocino Presbyterian Church on Mondays and Wednesdays and at the Albion Firehouse on Fridays.

F47: Varied menus meet nutritional standards set by the AAA. The lunch program is well-attended and participants are sometimes entertained by volunteer musicians.

F48: Participation in the congregate meal program has increased steadily over the last five years. In FY 2002-03 the Center served 21,412 meals; in FY 2007- 08 it served 26,895.

F49: AAA is the primary funding agency for the meals program, but the amount provided does not cover the full cost of meals. Those who are able are asked for a $4 meal contribution. Persons under 60 are asked to donate $7.

F50: The Center also provides home delivery of Meals-on-Wheels to North Coast residents from Fort Bragg to Albion and approximately three to four miles inland. This program has grown steadily, from delivering 7,123 meals in FY 2002-03, to providing 16,435 meals in FY 2007-08.

F51: The Meals-on-Wheels program is implemented by one paid employee and several volunteers. All are reimbursed for mileage traveled at the federal rate.

F52: Meals-on-Wheels drivers work with Outreach Program staff to provide a critical communication link between clients and the Center. Their regular contacts with clients help to ensure that support services will be made available as needed.

F53: Through a program funded by United Way, the Executive Director trains Meals-on-Wheels drivers to recognize signs of depression in homebound elders and recommend mental health referrals for those who display symptoms that put them at risk of suicide. The grant terms require that new drivers be trained by June of each year.

F55: This is the only social model adult day care program in the county. While staffing requirements, set by the California Department on Aging, are less stringent than those for a medical model program, two responsible persons must be present at all times and one of these must be a paid staff member. Programs must maintain a ratio of no more than five clients to one attendant. All attendants are required to be fingerprinted and pass a health screening, including a test for tuberculosis.

F56: Day Care Center participation has declined steadily from a peak of 2,257 census days in FY 2005-06 to 1,572 census days in FY 2007-08. Even after reducing service from five to four days weekly, the program currently has difficulty achieving the minimum average daily census of ten participants that is required for AAA funding. The program has not been actively marketed. The (former) Executive Director cited affordability as one reason for this decline despite the sliding scale of $0-45 per day.

F57: The Center operates an Outreach Program to respond to inquiries, identify the needs of older adults and provide appropriate services or referrals. In FY 2006-07, the program recorded 1,811 contacts. This increased to 2,758 in FY 2007-08.

F58: The Center provided Jurors with copies of letters expressing heartfelt appreciation for the services provided by the Meals-on-Wheels and Outreach staff and volunteers.

F59: MTA provides state funds to subsidize the Center’s transportation program. The Center regularly operates two buses to transport seniors to the center for meals, activities and day care. The door-through-door wheelchair-lift- equipped bus service runs from Ten-Mile to Albion. This service is available to adults over 60 and disabled adults of any age at heavily subsidized fares based on the distance traveled.3

F60: The Center is required to file monthly reports of transit costs with MTA.

F61: The Center accommodates a limited array of social and educational activities, most of which are provided by outside organizations or volunteers.

F62: Several computers, closely spaced at tables in a small room, provide high- speed internet access at no cost. At the time of the Grand Jury site visit, a volunteer was assisting seniors with the computers.

F63: The Center sponsors bingo games, a support group for caregivers, and blood pressure monitoring.

F64: Volunteers staff “Granny’s Attic” thrift shop. Located at the back of the Center, it is open from ten to four, five days a week.

F66: A local Tai Chi trainer uses Center facilities to offer classes to seniors for which participants pay her directly. Goals of these classes include improving balance and reducing falls. The Center charges no rent for this use of the facility.

F67: Various groups hold meetings at the center. Some make a donation for use of the facilities but no fee is required. The Soroptimists, Kiwanis, Toastmasters, Ocean Wave Quilting Guild and Alcoholics Anonymous meet at the Center.

F68: College of the Redwoods offers two exercise classes, a popular class on the origins of radio, and one called “Protect Your Family and Property” to seniors who register as students at the College. The College pays no room use fee.

F69: The Center shares a parking lot and is attached by a breezeway to Fort Bragg Middle School, but there are currently no joint programs between the two facilities and the relationship has become strained.

F70: Students may not attend formal classes in the Center building because it does not meet seismic standards for a school building but they may participate in outdoor or drop-in activities. In the past, seniors provided tutoring and there was a program in which seniors taught bocce ball and provided opportunities for non-English speaking students to practice communicating in English. Fort Bragg Unified School District administrators expressed interest in reinstating mutually beneficial joint programs.

F71: Board minutes reflect numerous suggestions from Center participants and board members that have not been implemented. These include selling gift cards for lunches and increasing collection of rental fees. Dances and ice cream socials have been proposed. Class suggestions include: arts and crafts, bridge lessons, yoga classes and programs in financial management, investments and insurance. Health-related suggestions include mental health screening, diabetes support groups and additional blood pressure screening times.

F72: The website shown on the Center’s brochure and letterhead (www.rcsmendo.org) links to a domain name “placeholder” that provides no information on the Center. An internet search for “Redwood Coast Seniors” connects to a site at http://web1.mcn.org/b/redwoodcoastseniors/home.htm. The most recent dated information on this site is from 2002.

F73: The Center’s monthly newsletter has been discontinued. An activity calendar and menus are published monthly.

F74: The graphically attractive brochures accurately state meal schedules but include little specific program information and provide a link to an undeveloped website. Findings: Facilities

F75: The Center is located in the same complex with Cotton Auditorium. It is connected by a ramp and breezeway to Fort Bragg Middle School and overlooks the recently installed infrastructure for a large school garden.

F76: The Center has approximately 80 years remaining on its 99 year lease of the space from Fort Bragg Unified School District (FBUSD). It pays no monthly rent.

F77: The Center also has a garden area with a pond, bocce ball and horseshoe courts and picnic tables. A large barbecue, mounted on a trailer, was purchased with funding from the Community Foundation of Mendocino County. These facilities are little used and poorly maintained.

F78: Both the Middle School and Cotton Auditorium have undergone extensive historic restoration. These buildings are all about 70 years old. The exterior of the Senior Center was last painted about 12 years ago using labor and equipment provided by Georgia Pacific, Rotary and Soroptimists. It is in need of exterior repairs and painting.

F79: Teachers and visitors to the Middle School and Cotton Auditorium, as well as seniors and Center employees share a large common parking lot on land leased to the Center by FBUSD for a one-time charge of $5,000. Construction of the lot cost approximately $30,000 and was paid for, in large part, by a grant to the Center. Issues around the use of this lot are not clearly addressed in the terms of the lease and have led to friction between FBUSD and the Center.

F80: Jurors observed that the inside of the building is freshly painted. The roof was replaced about seven years ago by a Parlin Fork Conservation Camp crew supervised by a local roofing contractor.

F81: The entry hall is lined with oil portraits of Center participants painted by a local artist who volunteered his time and scheduled individual sittings to create the images.

F82: Activity announcements are displayed on bulletin boards in the hall.

F83: During the course of the investigation, a new bulletin board was installed in the sunroom for posting board agendas and minutes. However, in late February, the most recent posted information was dated October 2008.

F84: A large room near the entry is used for classes and adult social day care which is offered four days a week. Furniture in this room is new and suitable for medical settings. The room contains a donated large screen television.

F85: The dining room is pleasantly decorated, cheerful and inviting. Three years ago, a crew from Parlin Fork Conservation Camp removed worn, glued down carpet from the dining room and restored the historic wood floor, correcting a serious trip hazard.

F87: The Center has an automatic back-up propane generator purchased with primary funding from AAA. Jurors were told that in the event of an extended power outage the Center will remain open beyond the usual hours to provide a warm, lighted place for seniors.

F88: Entering at-risk students attend a three-week summer program. Those who test two or more years below grade level in reading are placed in a corrective reading core classroom where they study history and literature with on-going assistance to develop reading skills.

F89: The Principal and teachers expressed frustration at the lack of parent involvement despite offering coffee chats and parent tours. Turnout at school functions is extremely low. There is an active site council, but efforts to establish a PTO have been largely unsuccessful.

F91: Fort Bragg Middle School occupies one wing of the City’s historic high school campus which also includes Cotton Auditorium and the Redwood Coast Senior Center. Built in the late 1930s, the school and Cotton Auditorium have recently undergone a major rehabilitation to bring them up to code while preserving their historic integrity. The result is a campus that is a source of pride to students, faculty and the broader community.

F92: Solar panels will be installed on the middle school roof during the summer of 2009 as part of a project that will ultimately include panels at all sites and will provide 90% of the District’s electricity.

F93: Students have access to the professional quality performing arts facility, playing fields and a spacious gymnasium.

F94: Infrastructure for a new school garden has recently been installed with funding and labor provided by the Campbell Timber Group. A collaboration is being explored with the Mendocino Coast Botanical Gardens Master Gardeners Program to help develop the garden.

F95: Nutritious meals are prepared on site and served in an attractive, but noisy cafeteria. Students can gather around adjacent outdoor tables, but food is no longer permitted outside due to concerns about contamination by the ever- present gulls.

F96: The large, well-stocked library features natural light from windows that overlook a tree-filled canyon. Mosaic murals depict historic scenes of Mendocino County. The librarian maintains a glass case with a rotating display honoring students and staff with birthdays in the current month.

F97: Halls and classrooms are unusually spacious and banks of lockers are provided for student use.

F98: Sports facilities include playing fields and a recently renovated gymnasium that was noteworthy for the absence of insulation.

F99: The Emergency Response Plan is the most comprehensive of the four plans reviewed. It includes detailed assignments for all staff, with alternates appointed for key tasks. A media directory is included to facilitate county- wide emergency outreach. The Administrative Council meets regularly to work on the plan. Principals communicate details to teachers at their sites.

F100: Emergency fire blankets are provided in science labs.

📋June 30, 2009 — The cover of this report was designed by graphic artist Tobin Keller. The images are of Pomo Indian baskets from the

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F1: The MTA governing board consists of seven members: three county appointees and one member appointed by each city. Typically, three or four board members are elected officials.

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F2: Board meetings are open to the public. Dates and locations are published on the MTA website. Meetings rotate among the four member cities.

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F3: For eight of the twelve monthly meetings, video conferencing equipment in Fort Bragg is used to connect participants on the coast with those in Ukiah. This has greatly improved participation. Staff reported that the $20,000 investment in telecommunications equipment has been recovered through savings in time and travel costs.

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F4: The General Manager reports to the board of directors and supervises a team of four line managers: Transportation, Maintenance, Marketing/Planning and Finance/Personnel.

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F5: The Transportation Manager oversees five supervisors who manage and support drivers and dispatchers.

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F6: The Maintenance Manager has two mechanics; two helper mechanics, and a cleaner to maintain the entire fleet of more than forty passenger and service vehicles.

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F7: The Marketing/Planning Manager and Finance/Personnel Manager, each have one full-time and one part-time assistant.

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F8: The Marketing/Planning Manager responds to complaints from the public and works closely with the General Manager on planning and grant writing.

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F9: MTA management decisions and strategies are based on financial and ridership data that are reviewed at monthly board meetings. Public release of annual information is often delayed by an overly cumbersome process for developing the agency’s annual report.

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F10: MTA employs approximately 60 individuals, most of them full time. About 50 of these are drivers. The agency has been unionized (Teamsters Local 624) since January 1, 2006.

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F11: The initial collective bargaining agreement, signed in March 2006 resulted in a 12% pay increase for drivers and 10% for mechanics retroactive to January

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F12: Drivers and dispatchers select their shifts by seniority. Several employees split their time between driving and dispatching.

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F13: Turnover is low and most promotions are from within the organization.1

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F14: MTA typically hires and then trains its own drivers. People skills are viewed as a paramount requirement for drivers. All drivers must meet formal government requirements. The 2006/07 Annual Report states that as of 6/30/07, 69.5% of the employees had worked for MTA more than seven years (average was 14.3 years) and the most senior employee had 27 years of service.

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📋June 30, 2009 — The cover of this report was designed by graphic artist Tobin Keller. The images are of Pomo Indian baskets from the

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F1: The Mendocino County evidence facility is located in Ukiah and serves the Sheriff’s Office, District Attorney’s Office, California Highway Patrol and federal agencies.

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F2: Ventilation of the facility is inadequate to prevent strong pervasive odors, including those from stored marijuana and human remains.

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Recomendaciones relacionadas (1)

R1: County relocate the evidence facility or negotiate with the building owner to: a. upgrade the ventilation system; (Finding 2) b. install an overhead sprinkler fire suppression system. (Finding 3)

F3: There is no overhead sprinkler fire suppression system.

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R1: County relocate the evidence facility or negotiate with the building owner to: a. upgrade the ventilation system; (Finding 2) b. install an overhead sprinkler fire suppression system. (Finding 3)

F4: An abundance of evidence from closed cases awaits appropriate disposal.

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R2: Sheriff’s Office: a. install a space saving storage system; (Finding 5) b. secure energy efficient refrigeration units with hermetically sealed doors; (Finding 6) c. provide a secondary source of power for emergencies; (Finding 7) d. install back-up systems for electronic and hard copy information that would be kept at a secure off-site location; (Finding 8) e. assign staff, on a part-time basis, to assist with disposal of released evidence. (Finding 4)

F5: Current shelving is inadequate for efficient evidence storage.

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R3: pursue funding for a K-9 unit. (Finding 5)

F6: Evidence refrigerators are outdated. They are not energy efficient and lack adequate seals to contain odors.

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R4: mandate and provide counseling whenever an officer experiences a job- related traumatic event. (Finding 6)

F7: There is no generator or secondary source for electrical back-up.

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F8: Evidence is recorded in a card file. Staff reported that computer files are not backed up.

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F9: The building is privately owned and rented to the County for $3,000/month.

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F10: A police cadet program is being developed for youth ages 16 to 20.

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F11: There is a citizen ride-a-long program.

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F12: The County Sheriff’s Office handles all dispatching for FBPD.

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F13: Due to the lack of an animal control officer in Fort Bragg, increased officer time is required to handle animal issues.

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F14: FBPD patrol cars do not have on-board computers or cameras.

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R6: pursue funding for the purchase of onboard computers and cameras for the patrol cars. (Finding 14)

F15: The holding cell is in compliance with Titles 15 and 24 of the California Code of Regulations which set minimum standards for local detention facilities and are enforced by the Corrections Standards Authority of the State Department of Corrections.

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F16: Each officer is assigned a patrol car and takes the car home at night with the exception of one officer who lives out of the area.

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F17: Each officer is assigned to keep their car clean. The City of Fort Bragg Public Works Department performs regular vehicle maintenance.

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F18: State funding for forensics and bookings is scheduled to end this year.

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Recomendaciones relacionadas (1)

R5: continue to seek funding for the forensics and bookings programs. (Finding 18)

📋June 30, 2009 — The cover of this report was designed by graphic artist Tobin Keller. The images are of Pomo Indian baskets from the

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Hallazgos & Recomendaciones 100 hallazgos

F1: The Fort Bragg Substation is staffed by one lieutenant, one secretary who doubles as the evidence room tech, two sergeants and eight deputies (one is a trainee). The patrol area for the Fort Bragg office is the Navarro River Bridge to the north county line. The substation is also responsible for the south coast area which runs from the Navarro River Bridge to the south county line. South coast is staffed by one resident sergeant and one deputy.

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F2: There is a large screen telecommunications system where an early morning briefing is held each day with connections between the Sheriff’s Office in Ukiah and the Willits Substation.

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F3: There are two holding cells at the Fort Bragg Substation. The inmate(s) are observed every 15 minutes.

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R6: all schools continue emphasis on professional development and on providing time for staff collaboration within grade and subject categories and across the K-12 continuum. (Findings 3, 25-26, 46-49, 103, 118)

F4: The policy of the Sheriff’s Office is to hold inmates for no longer than two hours and then transport them to Ukiah.

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F5: A deputy from the Fort Bragg Substation transports prisoners as far as the Willits Substation where they are picked up by an inland deputy to complete the trip to Ukiah.

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F6: Prisoners are brought from Ukiah for court in Fort Bragg and are kept in the substation’s holding cells.

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F7: There is one bilingual officer who receives additional pay for his language skills.

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F8: All deputies are POST certified (Peace Officer Standards and Training). They attend a POST academy for six months training. The local academies are located in Santa Rosa, Chico and Eureka. The training is normally paid for by the individual but the department can sponsor someone as well. The cost of training is approximately $6,000.

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F9: All of the officers carry tasers. Two were trained at a “Train the Trainer” taser school and then they trained the others.

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R4: all districts seek grants or categorical funds for counseling, alcohol and drug interventions, and for library staffing. (Findings 9, 28-29, 77-78, 101, 124)

F10: Tasers are worn on the opposite side from the handgun to prevent accidental shootings.

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R7: all schools continue, and build on, successful after school programs. (Findings 10-11, 34, 65, 80-81)

F11: New officers are on probation for one year.

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R7: all schools continue, and build on, successful after school programs. (Findings 10-11, 34, 65, 80-81)

F12: The Sub-Station currently has no K-9 unit for officer protection and drug “sniffing.” It had one in the past and officers would like to reinstate it.

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R1: The Grand Jury recommends that the Mendocino County Sheriff’s Office: seek funding for a canine unit for the Fort Bragg Substation. (Finding 12)

F13: Only the south coast officers take their cars home when off duty.

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F14: Each patrol car at the Fort Bragg Substation is shared by two officers who are responsible for keeping it washed and clean.

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F15: The patrol cars have cameras but no computers. The camera data are downloaded to disc at the end of the shift.

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R9: MCOE explore ways to ensure that Districts provide adequate technical support and maintenance for educational technology in classrooms, libraries and technology labs. (Findings 15-16)

F16: There is a ride-along policy allowing civilians to ride with patrol officers.

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R9: MCOE explore ways to ensure that Districts provide adequate technical support and maintenance for educational technology in classrooms, libraries and technology labs. (Findings 15-16)

F17: The State Corrections Standards Authority visits the substation, without notice, on a biennial basis. Other inspections of the substation are done by the Fire Marshall and OSHA.

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F18: The County Sheriff’s Office in Ukiah handles all dispatch.

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R5: Willits and Ukiah Unified School Districts prioritize maintenance spending to ensure that deteriorated school yard surfaces and other trip hazards are eliminated. (Findings 18, 59, 76)

F19: The deputies on the north coast work ten hour shifts with no overlap. There is no coverage for a four-hour period. The south coast coverage varies; however, there is always someone on call.

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F20: The evidence room has no computerized system for tracking evidence. A card system is still in use. For approximately 17 years the substation has requested a bar coding system. The Grand Jury noticed an abundance of backlogged material evidence awaiting clearance and proper disposal.

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R2: The Grand Jury recommends that the Mendocino County Sheriff’s Office: implement a bar-coding system for evidence record keeping. (Finding 20)

F21: Confiscated firearms are destroyed in an Oakland foundry. Drugs and other hazardous materials are taken to a multi-agency purging area in San Francisco.

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R3: emergency Response Plans clearly designate responsibility for ensuring that working fire extinguishers are in place in all classrooms and common areas at all times when students are present. (Finding 21)

F22: Both Willits and Ukiah have experienced recent lock down situations due to armed individuals near school campuses. Handling of these incidents was described as effective and highly professional.

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F23: Emergency Response Plans are of varying quality.

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F24: Mendocino County Office of Education (MCOE) provides the districts with financial services, personnel audits, emergency response planning and coordination, electronic networking, and a wide variety of professional development opportunities. These services are appreciated and were uniformly described as supportive and of high quality.

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R8: MCOE continue its strong support of staff development through content specific programs and professional learning communities. (Findings 24-26)

F25: MCOE also assists districts in writing some grants and in establishing some pilot programs in support of student learning. One current initiative is to establish optional summer “Algebra Academies” between seventh and eighth grades and “Science Academies” between eighth and ninth grades.

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R8: MCOE continue its strong support of staff development through content specific programs and professional learning communities. (Findings 24-26)

F26: Apart from MCOE programs and limited sports events, staff and students have little contact with their peers in other rural communities around the county. Occasionally schools partner with other sites on special events that foster contact between students and staff.

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R8: MCOE continue its strong support of staff development through content specific programs and professional learning communities. (Findings 24-26)

F27: All sites have access to full or part-time nurses and/or health technicians. Appropriate procedures are in place to secure and dispense student medications that are physician-prescribed and parent-approved.

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F28: Personnel at all sites reported a shortage of academic and mental health counseling services. This serious shortfall in student and family services is attributed both to a lack of funding and to a statewide shortage of certificated counselors.

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R4: all districts seek grants or categorical funds for counseling, alcohol and drug interventions, and for library staffing. (Findings 9, 28-29, 77-78, 101, 124)

F29: All districts work with County Alcohol and Other Drugs Prevention (AODP) counselors to provide education and early substance intervention. School Resource Officers from local law enforcement agencies provide a presence on school campuses and teach GRIP (Gang Resistance is Paramount) classes. These programs are grant funded and the level of support varies widely.

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R4: all districts seek grants or categorical funds for counseling, alcohol and drug interventions, and for library staffing. (Findings 9, 28-29, 77-78, 101, 124)

F30: Truancy is a chronic problem at all schools. Unexcused absences interfere with learning and impact school budgets by reducing Average Daily Attendance.

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F31: Credit was given to the Mendocino County District Attorney by all of the administrators for supporting the districts’ School Attendance Review Boards (SARB) and enforcing truancy laws. Findings Specific to Eagle Peak Middle School (UUSD)

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F32: Eagle Peak is an attractive, modern campus. It is the only one of the four sites to have been designed specifically as a middle school. Colorful, two- story buildings include open-air corridors and stairways with views of a central courtyard.

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F33: The gymnasium, playing fields and outdoor sports courts are well-maintained.

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F34: Funding for sports has been cut, but fundraising by committed parents and booster clubs still support some. Teachers and parents coach. UUSD holds a district track meet.

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F35: The attractive, small cafeteria is augmented by a large covered outdoor eating area. Meals are prepared offsite in the UUSD central kitchen according to a five-day repeating menu. They are reheated at each school.

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F36: The Principal is in his first year in this position after previously serving as an Assistant Principal at Ukiah High School.

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F37: Eagle Peak is perceived by some as the safer of UUSD’s two middle schools. The Principal described safe and respectful behavior as a top priority.

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F38: To support a “zero tolerance” policy on bullying and develop positive social interactions, the “Take Care of Two” program requires each student to take responsibility for supporting one person on campus and one person off campus and to write to the Principal about their experiences at the end of the first quarter.

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F39: Even minimal evidence of gang affiliation is rare and is dealt with promptly. Belts and shoe laces in gang colors are prohibited by the dress code. Campus incidents involving drugs, alcohol or tobacco are also rare.

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F40: The Assistant Principal works half-time as an administrator and half-time as a counselor.

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F41: The teaching staff is fully credentialed, with an average of 17 years teaching experience. Only 10% are in their first or second year of teaching.

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F42: Despite declining enrollment, to date retirements have allowed Eagle Peak to downsize by staff attrition rather than through layoffs.

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F43: The school Emergency Response Plan is not consistent with MCOE guidelines and does not include clearly stated individual assignments and responsibilities. The plan lacks a media directory to facilitate community contact through radio and television stations during an emergency. Upgrading the plan is an identified priority.

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F44: Some of the relatively small classrooms were crowded and lacked designated space for student backpacks. These were left in the outside walkway, creating potential obstacles in the event of an emergency evacuation.

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F45: In response to its status as a Program Improvement school, Eagle Peak has introduced block scheduling in an attempt to ensure that every student receives the recommended amount of daily instruction in mathematics and ELA instruction. At present not all students are receiving the full 60 minutes of math and 1-2 hours of ELA.

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F46: The schedule is structured to permit regular meetings of teachers by grade level and by subject. These meetings allow teachers to discuss progress and individualize teaching for each student. Regular meetings also support interdisciplinary projects.

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F47: The schedule is arranged to allow students to take Spanish and to choose between choir, art and/or band. No classes are offered in traditional vocational skills such as cooking, woodworking or agriculture.

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F48: Most classes provide some kind of hands-on learning at least monthly and teachers reported collaborating on interdisciplinary projects.

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F49: The teachers’ contract includes grade level team meetings and collaborative Wednesday meetings that are used for professional development.

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F50: School policies and behavioral expectations are communicated through assemblies, a student handbook, summer mailers and back-to-school nights. Teachers send home grading policies and collect parent signatures.

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F51: Comprehensive information on school policies and programs is provided in a series of loose handouts. These documents are not dated.

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F52: Most student and parent information is offered only in English, despite the fact that approximately one-third of the students are of Hispanic/Latino ethnicity.

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F53: A small core group of families participate in Athletic Booster Clubs, PTA (Parent Teacher Association), the Site Council and Back-to-School nights. There are no classroom volunteers.

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R10: Eagle Peak, Pomolita and Baechtel Middle Schools increase outreach efforts to build community partnerships and that Fort Bragg Middle School approach the adjacent Redwood Coast Senior Center to discuss possible partnerships. (Findings 53-55, 89-90, 94)

F54: Parent meetings are scheduled for in-coming students and eighth grade parent nights are held to prepare students for the transition to high school. English and math teachers provide recommendations to the high school counselors who review records, test students and develop academic plans for each student. Parents review and sign their student’s academic schedule.

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F55: The principal reported being “in touch” with Tribal leaders about their counseling services and after school tutoring. The District monitors to ensure that required family outreach nights are held for students who qualify under Title VII (American Indian) and Title I (academically challenged). Findings Specific to Pomolita Middle School (UUSD)

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F56: Pomolita was originally constructed as Ukiah’s high school and still provides science labs, a woodworking shop, track and the former football field that is now used for soccer. Approximately 600 students occupy a facility that was built for twice as many.

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F57: During a recent renovation, some former classrooms were re-purposed as technology labs, a well-equipped weight and exercise room and a wrestling room with a climbing wall.

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F58: The cafeteria is clean, in good repair, and large enough to allow all students to eat during a common lunch period. Centrally prepared meals are delivered daily and reheated on site.

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F59: The gymnasium and other sports facilities are ample, but Jurors observed extensive areas of cracked and deteriorating asphalt. They were told that while replacement is a high priority, replacement funds are unavailable. The cost of resurfacing was estimated to be at least $180,000.

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F60: The school has a large, well-maintained library with a Library Tech on duty six hours a day.

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F61: The Principal is in her second year at Pomolita, having held this position previously in Redwood Valley. Morale and collaboration among staff members is reportedly much improved under the current leadership.

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F62: Pomolita had to reduce staff by two teachers for the 2008-09 school year but was able to keep all tenured teachers and one experienced 6th grade teacher who transferred from Eagle Peak.

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F63: The new Principal has activated a Parent Teacher Organization (PTO). She is stressing interaction between the school and community and regularly accepts speaking engagements with community groups.

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F64: Art classes and two sections of band are offered. There is currently no choir. A “Teen Life” elective class includes some cooking and sewing, keyboarding, gardening and health education. A leadership class is offered as an after- school program. Students from other schools attend a Career Day held at Pomolita.

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F65: Sports include cross country running, wrestling, track and field, soccer, softball and basketball. Some teams compete with Eagle Peak and Fort Bragg. Intramural sports are offered at lunch time.

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F67: Baechtel Grove Middle School was built in the 1950s as a K-8 campus located adjacent to a historic woodlands. The campus currently serves approximately 350 sixth-to-eighth graders, about half of its original capacity.

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F68: Permanent structures are augmented by rows of portables separated by long uncovered walkways. Many of the portables are in sub-standard condition.

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F69: Recent upgrades include attractively renovated bathrooms and locker rooms and installation of landscaping and perimeter sidewalks that direct pedestrian traffic and have improved safety.

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F70: The school’s location makes the campus attractive to the public as a short-cut across town. Signs are posted excluding unauthorized individuals and trespassers are promptly escorted off campus.

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F71: Fire and lock down drills are held as required by state law. The school responded with a prompt and efficient lock-down during a shooting incident several blocks from campus in 2007-08.

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F72: The site Emergency Response Plan is comprehensive and follows the format provided by MCOE. It includes a useful list of acronyms. The plan lacks a media directory to facilitate community contact through radio and television stations during an emergency.

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F73: Sixty-nine percent of Baechtel Grove students qualify for free or reduced- price meals. A variety of meals are prepared in a small kitchen adjacent to the cafeteria and are served in shifts, by grade level. Outside dining is permitted in designated locations.

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R11: the Board of Supervisors and Department of Health and Human Services fund and support to the fullest extent possible education and counseling interventions to reduce student use of alcohol and other drugs. (Findings 73, 123-124)

F74: Sports facilities include playing fields, a ball wall, exercise room and mat rooms housed in adapted portables, and a spacious gymnasium that was built with community support in the 1980s.

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F75: A small Community Day School, housed in portables on the perimeter of the campus, serves students whose behavior is inconsistent with attendance in the regular classrooms.

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F76: Despite cutbacks in janitorial and landscape funding, the school was clean and grass areas well-maintained. Deteriorating asphalt poses some trip hazards.

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F77: At the time of the site visit, the inviting library was open and supervised four days a week by an experienced library technician who had been with WUSD for many years.

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R4: all districts seek grants or categorical funds for counseling, alcohol and drug interventions, and for library staffing. (Findings 9, 28-29, 77-78, 101, 124)

F78: The library position was identified as vulnerable to likely mid-year budget cuts. Baechtel has already lost one teacher and some counseling, administrative and janitorial services.

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R4: all districts seek grants or categorical funds for counseling, alcohol and drug interventions, and for library staffing. (Findings 9, 28-29, 77-78, 101, 124)

F79: WUSD has endured seven years of budget cuts including $500,000 in 2007- 08 and an anticipated cut of at least $500,000 in the current year. It is still stinging from the loss of a $39 parcel tax by fewer than 100 votes.

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F80: A strong booster club raised about $30,000 in 2007-08 for sports and other programs and to compensate for early cuts in transportation for athletics.

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R7: all schools continue, and build on, successful after school programs. (Findings 10-11, 34, 65, 80-81)

F81: A federal 21st Century Grant keeps the campus open until 6:00 p.m. for tutoring, enrichment programs and athletics.

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R7: all schools continue, and build on, successful after school programs. (Findings 10-11, 34, 65, 80-81)

F82: Baechtel Grove has a Violence Prevention Grant to fund a School Resource Officer and is preparing applications for additional state grant funding.

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F83: The Baechtel Grove Principal has held this position for six years and has initiated significant facilities projects and overseen increasing emphasis on curriculum improvements and coordination with elementary and high school faculty.

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F84: Students receive two periods each of ELA and Math and teachers meet regularly in departmental teams.

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F85: WUSD and MCOE support a strong math program because of the extremely low number of students who test proficient in this subject.

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F86: Enrollment in the music and arts classes is increasing. A required arts program is in its second year.

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F87: Fifth graders visit the school prior to enrolling in sixth grade and are welcomed by eighth graders through the WEB (Welcome Everybody!) program. A similar program has been developed at the high school to ease the transition of entering freshmen.

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F93: Students have access to the professional quality performing arts facility, playing fields and a spacious gymnasium.

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F97: Halls and classrooms are unusually spacious and banks of lockers are provided for student use.

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F98: Sports facilities include playing fields and a recently renovated gymnasium that was noteworthy for the absence of insulation.

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F100: Emergency fire blankets are provided in science labs.

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R1: the Center Board engage an appropriate non-profit management consultant for formal board training. (Finding 2)

R2: the board review current and past versions of the Center bylaws, rescind the amendment granting full authority to as few as two members of the executive committee, require full board approval of all executive committee actions, and formally adopt an agreed upon set of bylaws clearly identified by the date of adoption. (Findings 2-5)

R13: the Center Board be proactive in reaching out to the Fort Bragg community to recruit additional board members and identify opportunities for community partnerships. (Findings 2, 61, 65-68, 71)

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R3: board minutes reflect all actions by the board, including those recommended for adoption by the executive committee, that any complaints or commendations be read into the minutes, and that all minutes be reviewed for corrections, approved and posted, in a timely manner, together with the agendas for upcoming meetings. (Findings 4-5, 10, 24, 26, 29, 58, 71, 83)

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F6: The board’s intent is to hold monthly meetings, but meetings are not always held.

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F7: Board members described their roles as policy setting, financial and operational oversight, and selection and supervision of the Executive Director.

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F9: The Executive Director provides the board with staff reports on Center activities, finances and personnel and, until recently, has been responsible for preparation of the minutes.

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R7: the Executive Director schedule regular reports by department heads at the monthly board meetings on a rotating basis. (Findings 10, 16)

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R5: the Executive Director perform and document annual performance evaluations for all staff. (Findings 14, 26)

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R6: the Board of Directors perform and document annual performance evaluations of the Executive Director. (Findings 15-16, 26)

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R6: the Board of Directors perform and document annual performance evaluations of the Executive Director. (Findings 15-16, 26)

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F18: The Executive Director reported that, as of September 2008, “…the median tenure of the Center’s employees was 7.83 years.”

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F19: The Executive Director and the Chef/Operations Manager positions are salaried. All other employees are paid hourly.

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F20: The employee handbook is dated 2003 and is not fully consistent with current practice.1

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R4: the Center Board formally adopt any and all changes to the Center personnel policies and update the employee handbook as soon as changes become effective. (Finding 20)

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F23: At the time of the investigation, the (former) Executive Director was completing the second year of the four-year law degree program at Empire College in Santa Rosa.

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F27: The Executive Director asserted that “…a concerted effort has been made by a small group of people to damage [his] reputation.”

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R10: board approval be required prior to payment of all expense claims submitted by the Executive Director. (Findings 28, 33)

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R9: the Center Board designate approved check signers and require a second signature on all checks for more than $500. (Finding 33)

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F35: Some board members stated that they valued the Director’s track record for managing the Center’s budget of just under $1 Million per year.

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F36: Total income for Fiscal Year (FY) 2007-08 was $992,729, including $268,942 from AAA as partial funding for group and home delivered meals, community outreach and the Day Care Center.

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F37: The Centers’ 2008-09 AAA contract provides for payments of $222,459. This represents a decline of 17% from the prior year.

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R8: the Center Board or a financial subcommittee of the board review a budget variance report and the detailed profit and loss statement on a monthly basis. (Finding 42)

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F44: The Center is open Monday through Friday. It is closed on holidays.

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F46: Congregate (group) meals are also provided at the Mendocino Presbyterian Church on Mondays and Wednesdays and at the Albion Firehouse on Fridays.

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F47: Varied menus meet nutritional standards set by the AAA. The lunch program is well-attended and participants are sometimes entertained by volunteer musicians.

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F48: Participation in the congregate meal program has increased steadily over the last five years. In FY 2002-03 the Center served 21,412 meals; in FY 2007- 08 it served 26,895.

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F51: The Meals-on-Wheels program is implemented by one paid employee and several volunteers. All are reimbursed for mileage traveled at the federal rate.

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F58: The Center provided Jurors with copies of letters expressing heartfelt appreciation for the services provided by the Meals-on-Wheels and Outreach staff and volunteers.

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F60: The Center is required to file monthly reports of transit costs with MTA.

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F61: The Center accommodates a limited array of social and educational activities, most of which are provided by outside organizations or volunteers.

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F63: The Center sponsors bingo games, a support group for caregivers, and blood pressure monitoring.

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F64: Volunteers staff “Granny’s Attic” thrift shop. Located at the back of the Center, it is open from ten to four, five days a week.

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R13: the Center Board be proactive in reaching out to the Fort Bragg community to recruit additional board members and identify opportunities for community partnerships. (Findings 2, 61, 65-68, 71)

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R11: the interim Executive Director explore room fees charged by local non-profit agencies and propose a fee schedule for board consideration. (Findings 66- 68, 71)

R13: the Center Board be proactive in reaching out to the Fort Bragg community to recruit additional board members and identify opportunities for community partnerships. (Findings 2, 61, 65-68, 71)

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R11: the interim Executive Director explore room fees charged by local non-profit agencies and propose a fee schedule for board consideration. (Findings 66- 68, 71)

R13: the Center Board be proactive in reaching out to the Fort Bragg community to recruit additional board members and identify opportunities for community partnerships. (Findings 2, 61, 65-68, 71)

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R11: the interim Executive Director explore room fees charged by local non-profit agencies and propose a fee schedule for board consideration. (Findings 66- 68, 71)

R13: the Center Board be proactive in reaching out to the Fort Bragg community to recruit additional board members and identify opportunities for community partnerships. (Findings 2, 61, 65-68, 71)

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R14: the new interim Executive Director meet with the Fort Bragg Middle School principal and FBUSD Superintendent to clarify on-going issues around the shared parking lot and to consider establishing mutually beneficial interactions between seniors and students. (Findings 69-70, 79)

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R12: the interim Executive Director initiate development of the website and ensure its regular maintenance to include a basic description of the facility, the services it offers, directions and contact information, approved board minutes, and a regularly updated digital newsletter with a calendar of upcoming activities. (Findings 71-74)

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F73: The Center’s monthly newsletter has been discontinued. An activity calendar and menus are published monthly.

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F74: The graphically attractive brochures accurately state meal schedules but include little specific program information and provide a link to an undeveloped website. Findings: Facilities

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F76: The Center has approximately 80 years remaining on its 99 year lease of the space from Fort Bragg Unified School District (FBUSD). It pays no monthly rent.

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R16: the board and Executive Director explore options for exterior painting. (Finding 78)

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F80: Jurors observed that the inside of the building is freshly painted. The roof was replaced about seven years ago by a Parlin Fork Conservation Camp crew supervised by a local roofing contractor.

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F81: The entry hall is lined with oil portraits of Center participants painted by a local artist who volunteered his time and scheduled individual sittings to create the images.

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F82: Activity announcements are displayed on bulletin boards in the hall.

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R15: the new Executive Director arrange to have the deteriorated carpet in the general meeting room removed as soon as possible to eliminate trip hazards, and to refinish the wood floor in the same manner as the nearby dining room. (Finding 85-86)

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F1: The Ukiah Police Chief is also in charge of the Ukiah Fire Department as Director of Public Safety.

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F2: There are three captains, five sergeants, sixteen officers, seven dispatchers, two records clerks, one mechanic, one school resource officer (SRO) and two parking enforcement officers. There are currently no training sergeants.

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F3: All officers, including the SRO, are assigned their own patrol vehicles.

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F4: The current SRO has not received special training for his position.

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F5: The SRO has an office at Ukiah High School (UHS) and also goes to other schools to teach younger children about prevention of alcohol and other drug use, gangs and vandalism.

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F6: Marijuana and alcohol abuse are the biggest problems in and around the school this year. The SRO and school representatives perform locker and backpack checks on a random basis and whenever there is probable cause.

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F7: Student affiliation with rival gangs is a significant concern at UHS.

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F8: Due to construction, the SRO is not able to use his designated parking space in front of the school. This will be corrected when the construction is complete.

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F9: Dispatchers are given one month training at an academy and then work with an experienced dispatcher for three months.

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R1: begin, in the current fiscal year, to locate funds to commence a new planning cycle by no later than 2012 to incorporate and prioritize objectives and strategies consistent with anticipated transportation needs and economic circumstances. (Findings 9, 17, 18, 20-22, 42, 49)

F10: If a non-English speaker calls 911, they are immediately transferred to a communications center where a language specialist transfers them to the correct interpreter.

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F11: The UPD currently has no service dogs. The UPD and Sheriff’s office have received a total of $100,000 from Homeland Security funds to purchase two dogs, special cars, equipment and training for the officers and the dogs. The officers and their dogs will attend two months of specialized training. Each dog will cost between $8,000 and $10,000. An officer has to make a commitment of three to five years to work in this position.

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F12: One dog will be assigned to the UPD and trained for bomb detection, the other will be assigned to the Sheriff’s Office for drug detection. Both will be trained to protect the officers.

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F13: There is an active bicycle law enforcement and safety awareness program. UPD issued 295 warnings and two citations during the past year. Violators’ names are taken and logged. The warnings issued were for bicycle safety and failure to wear helmets.

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F14: There are two parking officers and one parking enforcement vehicle. Although parking meters have been removed, the officers enforce posted time restrictions. City officials have delayed decisions on downtown parking to study what should be done.

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F15: The UPD sponsors an Explorers program to introduce young adults, ages 18- 20, to law enforcement professions.

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R5: the Explorer program be continued. (Finding 15)

F16: State funding for forensics and bookings is scheduled to end this year. UPD is seeking alternative funding sources.

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R6: a continued search for funding for the forensics and bookings programs be given a high priority. (Finding 16)

F17: The Grand Jury found significant upgrades to the evidence room. In particular, the security and cataloging of evidence is now state-of-the-art.

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F18: Project Sanctuary workers are involved in all domestic violence calls. This is a new collaborative effort between the Chief and Project Sanctuary.

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F19: The UPD annual report that had been discontinued is being produced again and distributed to the community. Copies are available at the UPD.

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F20: There are four openings for sworn officers.

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F21: The Chief stated it is difficult to find qualified applicants that are likely to stay in the community after training because the pay is higher in other cities. For that reason, he is trying to recruit locally.

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F1: Restructuring of the Agency required the development of an administrative management unit.

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F2: The management unit for the Agency has been put in place through the creation of newly funded positions.

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F3: A permanent Director of the Agency has been appointed.

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F4: The Director goes before the BOS through the office of the County Chief Executive Officer (CEO). This is the only avenue of communication between the BOS and the Health and Human Services Agency.

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R1: the Agency Director maintain and further strengthen communication with line managers and other employees. (Findings 4, 7-9)

R8: any actions or services requested of the City (by the District) beyond the existing Agreement be documented in supplemental agreements that are negotiated, budgeted and funded by the District independently of the restricted Operating and Maintenance (O&M) funds in Account 612. (Findings 4-5, 49)

R11: the City Council and District Board conduct a joint mid-year sewer budget hearing no later than January 31 each year to compare actual revenue and expenditures with budget estimates, review the status of budgeted activities and consider maintenance and capital improvement goals. (Findings 4-5, 45-47)

R19: the City and District re-visit the Participation Agreement and subsequent amendments, review their respective needs for efficient, cost-effective and transparent operations and make revisions, as required, to ensure transparency and a unified approach for providing sewer service. (Findings 4-5, 49)

R46: 10. the City develop accounting procedures to accurately allocate costs, including the full cost of equipment used for maintenance of City water, City sewer, District sewer, and for use by other City departments in a manner that will permit monthly expense reports for each entity. (Findings 5, 37) 11. the City Council and District Board conduct a joint mid-year sewer budget hearing no later than January 31 each year to compare actual revenue and expenditures with budget estimates, review the status of budgeted activities and consider maintenance and capital improvement goals. (Findings 4-5, 45-47) 12. the City and District notify and keep each other fully informed of all activities that might directly or indirectly impact the other such as planning for boundary changes, annexation of new areas, proposed subdivisions, collection system extensions, new connections, major maintenance projects, “will serve” commitments, permits for pre-treatment facilities, or any legal or financial issues. (Findings 38, 43) 13. the City and District adopt similar, if not identical policies, procedures, standards for construction, user rates, and miscellaneous fees and charges wherever possible. (Findings 5-6, 19) 14. the City, while exercising its obligations of the Participation Agreement and amendments thereto retain sole authority, discretion and responsibility for selection and employment of administrative, operating and maintenance personnel for the unified City/District system along with the right to establish appropriate pay schedules. (Finding 5) 15. the District, apart from its contractual relationship with the City under existing Agreements, retain its identity and continue exercising power and discretion as an independent special district. (Findings 37, 43) 16. the City employ only appropriately certified operating and maintenance personnel including those in direct supervisory or administrative positions in the sewer division of the City’s Public Works Department. (Findings 5, 7) 17. the City and District hold joint planning and budget review sessions on a quarterly basis as a minimum and more often as needed. (Findings 28, 29, 34, 38-40) 18. the District continue to hold regular monthly meeting dates and special meetings as needed. (Finding 28) 19. the City and District re-visit the Participation Agreement and subsequent amendments, review their respective needs for efficient, cost-effective and transparent operations and make revisions, as required, to ensure transparency and a unified approach for providing sewer service. (Findings 4-5, 49)

F5: Differences in hiring practices, salary scales and benefits that existed between Social Service employees hired under the State Merit System and County Civil Service employees have been resolved.

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R10: the City develop accounting procedures to accurately allocate costs, including the full cost of equipment used for maintenance of City water, City sewer, District sewer, and for use by other City departments in a manner that will permit monthly expense reports for each entity. (Findings 5, 37)

R13: the City and District adopt similar, if not identical policies, procedures, standards for construction, user rates, and miscellaneous fees and charges wherever possible. (Findings 5-6, 19)

R14: the City, while exercising its obligations of the Participation Agreement and amendments thereto retain sole authority, discretion and responsibility for selection and employment of administrative, operating and maintenance personnel for the unified City/District system along with the right to establish appropriate pay schedules. (Finding 5)

R16: the City employ only appropriately certified operating and maintenance personnel including those in direct supervisory or administrative positions in the sewer division of the City’s Public Works Department. (Findings 5, 7)

F6: The Agency structure allows for the transfer of funds and personnel from one division to another except for Welfare-to-Work/CalWORKs.

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R13: the City and District adopt similar, if not identical policies, procedures, standards for construction, user rates, and miscellaneous fees and charges wherever possible. (Findings 5-6, 19)

F7: The Agency has instituted a linear system of communication through most of the divisions.

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R1: the Agency Director maintain and further strengthen communication with line managers and other employees. (Findings 4, 7-9)

R2: the Agency Director discuss with line management any policy changes that affect division budgets before decisions are finalized. (Findings 7-8, 32)

F8: Line management testimony indicated the linear system reduced the ability to directly communicate their concerns and suggestions to the head of the Agency.

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R1: the Agency Director maintain and further strengthen communication with line managers and other employees. (Findings 4, 7-9)

R2: the Agency Director discuss with line management any policy changes that affect division budgets before decisions are finalized. (Findings 7-8, 32)

F9: The Director of the Agency has stated that there is an open door policy. An Agency newsletter for the public is available on-line. In addition, the director has an open telephone line one time per month for any HHSA employees to talk to the director. Weekly e-letters are sent to staff to answer questions asked either by phone or e-mail and inform them of Agency policies and procedure changes.

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R1: the Agency Director maintain and further strengthen communication with line managers and other employees. (Findings 4, 7-9)

F10: The Mental Health, Social Service and Public Health Departments have been reorganized into an Adult and Older Adult System of Care, a Children and Family System of Care, and Community Health. Mental Health

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F11: Mental Health is designated by Mendocino County as an enterprise entity. As such, it is expected to generate its own income. This continues to create budgeting complications.

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R3: the Board of Supervisors eliminate the enterprise designation for Mental Health. (Finding 11)

F12: The transferring of employees between Mental Health and Social Service began in 2007. Administrators reported the transfers went well, however, line workers reported the transfers created less productive units of service.

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F13: The number of budgeted positions declined in Mental Health.

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F14: Cross training of employees has provided flexibility of staffing.

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F15: In the previous structure there was some duplication of services. Elimination of this duplication is in process.

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F16: The mandate for the Mental Health Services Act funds received by Mendocino County is to provide for new and innovative Mental Health Services. These funds have been used in part for peer counseling and social rehabilitation services in Ukiah, Willits and Fort Bragg. The State has made the use of these funds more flexible. Some of these funds are now used for previously existing programs.

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F17: Mendocino County has not been to able to provide for all mandated services due to budgetary constraints. The current federal, state and county budget crises have further exacerbated the problem.

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F18: Due to lack of County Mental Health facilities for mental health hospitalization, residential care and transitional housing, approximately 47% of County Mental Health funds are spent out of County.

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R5: the Agency accelerate the development of county residential care facilities as well as transitional housing in order to reduce out of County placements. (Findings 18-20)

F19: Mental Health has contracted with Anka Behavioral Health, Inc. (Anka) for 10 beds in a licensed board and care facility in Redwood Valley and for social rehabilitation and group services. The County is paying $2,900 per month per bed ($29,000 per month). Part of this money is reimbursed to the County by residents’ payments from government benefits. The board and care facility is appropriate and adequate for housing the population served but does not include spaces suitable for counseling and rehabilitation services.

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R5: the Agency accelerate the development of county residential care facilities as well as transitional housing in order to reduce out of County placements. (Findings 18-20)

R6: the Agency Director review and revise the contract with Anka to reflect the services actually provided and the true costs and quality of these services. (Findings 19-20)

F20: Anka is not providing all the social rehabilitation and group services that are included in the contract with the County. Instead, they are sending residents to Ukiah to participate in Health and Human Services Act funded programs.

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R5: the Agency accelerate the development of county residential care facilities as well as transitional housing in order to reduce out of County placements. (Findings 18-20)

R6: the Agency Director review and revise the contract with Anka to reflect the services actually provided and the true costs and quality of these services. (Findings 19-20)

F21: Medi-CAL funding requires the provision of extensive documentation, logging of time and the preparation of reports to justify payment. This impacts the amount of time available for client care.

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F22: A shortage of general funding and constraints on how available funding may be used have resulted in services being directed primarily to homeless persons and Medi-CAL recipients. Alcohol and Other Drug Programs

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F23: The plan for integration of AODP into the Adult and Older Adult System of Care, Children and Family System of Care or Community Health was distributed on December 11, 2008.

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F24: Adult Services include: • Drug Court • Pre-Trial release • Proposition 36 Programs • Peri-natal Program • Men’s Alternative to Violence • Childcare/Community Health • Federal Probation Children’s Services include: • grants with Ukiah Unified School District • Probation Alternatives with Counseling Education (PACE) • Clean & Sober Classrooms

F25: Staff members have expressed concerns about the continued funding of Youth Services under Community Health Services. The use of alcohol and other drugs is higher in Mendocino County middle schools than the state-wide average.

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R4: the Agency should continue to pursue grant support for alcohol and other drug programs for adolescents and children. (Findings 25-26)

F26: AODP is largely dependent on receipt of various grant funds. Under the Agency structure the grant writer’s contract with AODP is in place until the end of this fiscal year. The Agency plans to increase the scope of the contract to serve all divisions. Staff members have expressed concern that the merger may lessen the ability to acquire grants for adolescent programs.

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R4: the Agency should continue to pursue grant support for alcohol and other drug programs for adolescents and children. (Findings 25-26)

F27: AODP staff members remain reluctant about being integrated into the Agency and being split into Systems of Care as defined by the Agency.

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F28: AODP staff reported that they have philosophical differences and work under different legal requirements than those that apply to Mental Health staff. Animal Care and Control

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R17: the City and District hold joint planning and budget review sessions on a quarterly basis as a minimum and more often as needed. (Findings 28, 29, 34, 38-40)

R18: the District continue to hold regular monthly meeting dates and special meetings as needed. (Finding 28)

F29: AC&C is mandated to provide the following services: • enforcement of state laws & county codes by Field Service Officers • shelter services, including outreach, adoption programs, volunteer service, feral cat-trap/neuter-release programs and licensing programs • clinic services, including the mobile unit, animal health education to local groups, vaccine clinic and spay & neuter options for the pets of low-income individuals

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F30: AC&C was the first formerly independent department transferred to the Agency in 2005.

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F31: AC&C is currently managed under the Agency’s Community Health Division.

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F32: The four positions of Animal Control Officers and the funds to support these positions were transferred to the Sheriff’s Office on February 8, 2009. This transfer was made by BOS from recommendations made by the Agency in cooperation of the Sheriff’s Office. The transfer was planned without prior discussion with AC&C line management concerning budget line items.

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F33: One goal in 2008-09 for AC&C was to collaborate with all Tribal Governments in Mendocino County to continue providing field services on tribal land.

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R7: the Sheriff’s Office continue the collaborative efforts for animal control on Tribal land. (Finding 33)

F34: AC&C is an enterprise entity and raises more than one-half of budgeted costs from fees adopted by the BOS. New fees were approved by the BOS on April 20, 2009. AC&C also receive grants, donations and funds from other inconsistent sources.

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R9: any expense for a purpose specifically benefiting one entity, and not of value to the other, be separately budgeted and funded. (Findings 34, 44, 46)

F35: The primary facility is in Ukiah and there is a satellite shelter in Fort Bragg. An estimated 17% of the county’s domestic animal population is served by the coast shelter; the rest of the animals are served through the Ukiah facility.

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F36: Both shelters are clean, sanitary and well maintained. The final section of the access road to the Fort Bragg shelter is rutted and unpaved. The Fort Bragg shelter provides limited medical care for animals.

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F37: The AC&C provides spay and neuter services in Ukiah and through a mobile unit at approximately one-half the cost of private veterinarians. AC&C fees as mandated by state law, must not exceed costs of the actual service provided. Animals are also being transferred to private and public animal rescue and care agencies in the counties of Mendocino, Lake, Marin and San Francisco.

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R15: the District, apart from its contractual relationship with the City under existing Agreements, retain its identity and continue exercising power and discretion as an independent special district. (Findings 37, 43)

F38: The AC&C has developed a special training and socializing program for ‘bull breed’ dogs to be successfully placed in homes.

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R12: the City and District notify and keep each other fully informed of all activities that might directly or indirectly impact the other such as planning for boundary changes, annexation of new areas, proposed subdivisions, collection system extensions, new connections, major maintenance projects, “will serve” commitments, permits for pre-treatment facilities, or any legal or financial issues. (Findings 38, 43)

R17: the City and District hold joint planning and budget review sessions on a quarterly basis as a minimum and more often as needed. (Findings 28, 29, 34, 38-40)

F39: Grief counseling is arranged for staff who euthanize animals at the Ukiah Shelter and for pet owners whose animals are “put down.”

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R17: the City and District hold joint planning and budget review sessions on a quarterly basis as a minimum and more often as needed. (Findings 28, 29, 34, 38-40)

F40: Unsupervised dogs (unleashed, uncontrolled or abandoned) continue to be a major problem throughout Mendocino County. Welfare-to-Work/CalWORKs

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R17: the City and District hold joint planning and budget review sessions on a quarterly basis as a minimum and more often as needed. (Findings 28, 29, 34, 38-40)

F41: Welfare-to-Work/CalWORKs, a federally funded program, provides cash assistance to families with dependent children and serves all 58 counties. It is operated locally by the Agency.

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F42: In Mendocino County, this program is not fully integrated into the Agency but is staffed by county employees.

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F43: This program entitles families to multiple services and is federally limited to a total of five years (60 months). All services are targeted to improve the parents’ ability to leave the welfare system. If parents are unwilling or continue to be unable to work after the five-year period, they will be sanctioned by losing funding, except to support their children.

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F44: The program includes an advocate that assists disabled parents unable to work to apply for and receive Supplemental Social Security Insurance (SSI).

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F45: Resource centers that provide multiple services are located in Ukiah, Fort Bragg, Willits and Covelo.

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F46: In some instances, work crews and vehicles or other major equipment or machinery that are paid for and maintained partially or wholly with merged funds are used by other City Departments.

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F47: The District and City have not engaged in adequate joint long-range planning. They have been largely reactive in actions taken regarding major maintenance and capital improvements, new sewer services, project planning and annexations.

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F48: Many of the findings cited in this report should be addressed in the City’s Sanitary Sewer Management Plan (SSMP) and the Municipal Service Review currently underway by the Local Area Formation Commission (LAFCO).2 2 Additional information may be found on the LAFCO website at www.mendolafco.org

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F49: On August 14, 2008, a joint Ad Hoc committee of the City and the District published a report including nineteen recommendations for amendments to the Participation Agreement.3

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F6: The board’s intent is to hold monthly meetings, but meetings are not always held.

F7: Board members described their roles as policy setting, financial and operational oversight, and selection and supervision of the Executive Director.

F9: The Executive Director provides the board with staff reports on Center activities, finances and personnel and, until recently, has been responsible for preparation of the minutes.

F14: On August 30, 2008 the Center responded to AAA saying …the executive committee has reviewed these letters which contain allegations of wrong doings unspecified and/or related to personnel issues that are not subject to discussion as they are ‘classified’. The (former) Executive Director told jurors that he has not done staff evaluations since, in California, employees may be terminated “at will” and “doing evaluations can lead to lawsuits.” 15. Grand Jury members attended the December 2008 meeting at which board members voted to conduct an evaluation of the Executive Director and to order an audit of the Center’s finances by a certified public accountant. On March 9, 2009, Jurors were informed that the Center is in the process of soliciting bids for audit services. Findings: Staffing 16. The board hired the (now former) Executive Director twelve years ago and gave him authority and responsibility for running the Center. Running the Center includes day-to-day operations; hiring, firing and supervising all staff; program development; preparing budgets, grant writing, fundraising and establishing salaries and fiscal controls. Only the Executive Director position reports to the board. The Executive Director is the Center’s sole official contact with the board.

F15: During Indian child custody proceedings, an independent ICWA expert witness may be called to provide requested information.

F16: H&HS staff members have stated that the application of ICWA Law has made them more sensitive to all children that go through the system.

F18: The Executive Director reported that, as of September 2008, “…the median tenure of the Center’s employees was 7.83 years.” 19. The Executive Director and the Chef/Operations Manager positions are salaried. All other employees are paid hourly. 20. The employee handbook is dated 2003 and is not fully consistent with current practice.1 21. Full-time employees,2 other than the (former) Executive Director, accrue vacation at the annual rate of 80 hours for the first three years of employment, 120 hours in years four through nine and 160 hours thereafter. The stated policy is that: …accrual of vacation time up to 200 hours is permitted. Vacation time beyond 200 hours is forfeited unless approved, in writing, by the executive director.

F19: MTA substations include a recently renovated District-owned facility in Fort Bragg and leased facilities in Willits, Point Arena, Laytonville and Anchor Bay.

F20: The anticipated major funding source for renovation or replacement of MTA headquarters is the new “Public Transit Modernization, Improvement and Service Enhancement Account” funded by voters in 2006 as part of Proposition 1B.

F21: MTA is also working to locate a multi-modal Transit Center in or near the city of Ukiah to consolidate all ground mass transportation services (MTA, Lake County Transit, Greyhound, Amtrak Throughway Bus, any private taxi service and any future Airporter).

F23: At the time of the investigation, the (former) Executive Director was completing the second year of the four-year law degree program at Empire College in Santa Rosa.

F27: Regular preventive maintenance allows MTA vehicles to run reliably and well beyond the normal expected life span. Personnel and Passenger Safety 28. Drivers complete a vehicle inspection procedure at the beginning of each shift.

F32: Of the three board members who were interviewed in fall of 2008, one acknowledged that tuition was being paid. The other two, including the President and the Treasurer, stated that they had no knowledge that tuition was being paid. The fourth, a new board member interviewed in 2009, stated that he learned of the tuition when it was discussed “…at a recent board meeting.” 33. The tuition payments were distributed by check, payable to the Executive Director and entered in the Center’s books as a “training expense.” Like other payments under $5,000, these checks required only the signature of the Executive Director. The Executive Director first stated that he “…did not know whether they were subjected to payroll taxes and withholding.” He then informed the Jurors that the payments “…were not subject to withholding and that they were not reported as income.” 34. The Ukiah Senior Center Executive Director supervises a medical model day care center and a full service senior program with a combined staff of 26 and an annual budget of $975,000. This position involves a full work schedule. It pays an annual salary of $50,000. Employees at the Ukiah Senior Center received a bonus for the first time in 2008. The amount was $50 for each employee. Findings: Finances 35. Some board members stated that they valued the Director’s track record for managing the Center’s budget of just under $1 Million per year.

F33: Drivers do not carry cash to make change. Fares are deposited in on-board metal vaults to which drivers do not have access.

F34: A 2007 grant provided funding for ten new shelters and twenty new benches that have been installed throughout the county. Solar power lights shelters where night service is offered. A new shelter for the Town of Mendocino received unanimous local support for a design that is consistent with historic preservation standards. This shelter will be constructed as soon as the required permit is secured from the county Department of Planning and Building. Service and Fare Structure 35. MTA provides regular service throughout Mendocino County and connects with Lake County Transit in Ukiah. One route operates in Sonoma County and connects with Santa Rosa City Buses. Service connections are also in place with AMTRAK, Greyhound, the Sonoma County Airport Express and Golden Gate Transit.

F36: Total income for Fiscal Year (FY) 2007-08 was $992,729, including $268,942 from AAA as partial funding for group and home delivered meals, community outreach and the Day Care Center.

F37: The Centers’ 2008-09 AAA contract provides for payments of $222,459. This represents a decline of 17% from the prior year.

F41: The Executive Director has been reluctant to impose facility charges or establish suggested contributions for group use and discontinued advertising of event space because there have not been “…a lot of takers.” 42. The last formal audit of the Center’s finances was in 2002. The July 2007 board minutes document repeated board requests for more complete financial reports with comparisons to the prior year. Jurors were told that since June or July 2008 the board has received a year-to-date budget report with summaries (by account) of the current and prior year. Journal entries are not routinely provided.

F42: Routes and schedules are based on regularly monitored ridership data, transportation needs assessment studies, and an annual review of unmet transportation needs identified by members of the communities served. 43. During 2006-07, for example, MTA adjusted and eventually discontinued Routes 40, 52 and 54. It enhanced Routes 65 and 95, running Route 65 earlier and on the same schedule every day to make a more timely connection with Golden Gate Transit. MTA also included Golden Gate Transit connection times in its schedules and added luggage racks to connecting buses.

F44: MTA has seven bus schedules that are revised three times a year in response to school and college schedules and seasonal time changes.

F46: Congregate (group) meals are also provided at the Mendocino Presbyterian Church on Mondays and Wednesdays and at the Albion Firehouse on Fridays.

F47: Varied menus meet nutritional standards set by the AAA. The lunch program is well-attended and participants are sometimes entertained by volunteer musicians.

F48: Participation in the congregate meal program has increased steadily over the last five years. In FY 2002-03 the Center served 21,412 meals; in FY 2007- 08 it served 26,895.

F51: The Meals-on-Wheels program is implemented by one paid employee and several volunteers. All are reimbursed for mileage traveled at the federal rate.

F54: AAA is the principal funder of the social day care center which provides supervised activities and care for cognition impaired individuals and support for Alzheimer patients and their caregivers. Participants pay up to $45/day on a sliding scale, according to their financial circumstances. 55. This is the only social model adult day care program in the county. While staffing requirements, set by the California Department on Aging, are less stringent than those for a medical model program, two responsible persons must be present at all times and one of these must be a paid staff member. Programs must maintain a ratio of no more than five clients to one attendant. All attendants are required to be fingerprinted and pass a health screening, including a test for tuberculosis.

F55: Cyclists can miss a bus or be required to leave a bus if the handicapped space is required by a disabled individual. While this is a rare event, it may deter some potential riders. Data are being collected on incidents when cyclists cannot be served.

F58: The Center provided Jurors with copies of letters expressing heartfelt appreciation for the services provided by the Meals-on-Wheels and Outreach staff and volunteers.

F60: During the rapid run up of fuel costs in 2007-08, the MTA board voted to use reserves, if necessary, rather than increasing fares to compensate for the projected deficit. Despite reduction of other expenses, MTA anticipates a 2008-09 budget deficit of approximately $200,000, largely due to fuel costs.

F61: The Center accommodates a limited array of social and educational activities, most of which are provided by outside organizations or volunteers.

F63: The Center sponsors bingo games, a support group for caregivers, and blood pressure monitoring.

F64: Volunteers staff “Granny’s Attic” thrift shop. Located at the back of the Center, it is open from ten to four, five days a week.

F65: A volunteer trained by the American Association of Retired Persons (AARP) provides income tax assistance for seniors at the Center free of charge. Those who receive this service may make a donation to the Center, but this is not requested or actively encouraged. The “door-through-door” service offered by senior centers supports individuals who need assistance out and back into their homes. Drivers also assist seniors with packages or luggage. Dial-a-Ride services only transport passengers “curb-to-curb.” 66. A local Tai Chi trainer uses Center facilities to offer classes to seniors for which participants pay her directly. Goals of these classes include improving balance and reducing falls. The Center charges no rent for this use of the facility.

F66: The site’s emergency response plan is well organized along the guidelines set by MCOE, but the media contact list is incomplete and no community ListServs are shown. Findings Specific to Baechtel Grove (WUSD) 67. Baechtel Grove Middle School was built in the 1950s as a K-8 campus located adjacent to a historic woodlands. The campus currently serves approximately 350 sixth-to-eighth graders, about half of its original capacity.

F73: The Center’s monthly newsletter has been discontinued. An activity calendar and menus are published monthly.

F74: The graphically attractive brochures accurately state meal schedules but include little specific program information and provide a link to an undeveloped website. Findings: Facilities 75. The Center is located in the same complex with Cotton Auditorium. It is connected by a ramp and breezeway to Fort Bragg Middle School and overlooks the recently installed infrastructure for a large school garden.

F75: A small Community Day School, housed in portables on the perimeter of the campus, serves students whose behavior is inconsistent with attendance in the regular classrooms.

F76: The Center has approximately 80 years remaining on its 99 year lease of the space from Fort Bragg Unified School District (FBUSD). It pays no monthly rent.

F80: Jurors observed that the inside of the building is freshly painted. The roof was replaced about seven years ago by a Parlin Fork Conservation Camp crew supervised by a local roofing contractor.

F81: The entry hall is lined with oil portraits of Center participants painted by a local artist who volunteered his time and scheduled individual sittings to create the images.

F82: Activity announcements are displayed on bulletin boards in the hall.

F86: The Center also has a large community meeting room with the same type of deteriorating carpet that was replaced in the dining room. Since restoration of the dining room floor there has been no further progress to eliminate this unsafe condition. 87. The Center has an automatic back-up propane generator purchased with primary funding from AAA. Jurors were told that in the event of an extended power outage the Center will remain open beyond the usual hours to provide a warm, lighted place for seniors.

F90: Baechtel Grove partners with Kids’ Club and Alienza and has relationships with Willits Fire and Police Departments, Rotary, and the local hospital. Findings Specific to Fort Bragg Middle School (FBUSD) 91. Fort Bragg Middle School occupies one wing of the City’s historic high school campus which also includes Cotton Auditorium and the Redwood Coast Senior Center. Built in the late 1930s, the school and Cotton Auditorium have recently undergone a major rehabilitation to bring them up to code while preserving their historic integrity. The result is a campus that is a source of pride to students, faculty and the broader community.

F93: Students have access to the professional quality performing arts facility, playing fields and a spacious gymnasium.

F97: Halls and classrooms are unusually spacious and banks of lockers are provided for student use.

F98: Sports facilities include playing fields and a recently renovated gymnasium that was noteworthy for the absence of insulation.

F100: Emergency fire blankets are provided in science labs.

F101: School policies are provided in a comprehensive student handbook with an index and table of contents. Review of this document by both students and parents is required. School communications are provided in both English and Spanish and staff work with Migrant Education to communicate with non- English speaking families.

F102: The District is in the second of a three year consulting contract to implement the Positive Behavior Support Program as a way to support consistent behavior standards that are understood and positively reinforced by teachers and student leaders. Family nights are offered to encourage parents to learn to reinforce desired behaviors. Child care and desserts are provided during the sessions and parent participation has increased steadily.

F103: Block scheduling has been introduced to give more instructional time to math and ELA. A collegial coaching program is in place to help small groups of teachers become more reflective about their teaching and learn to engage students actively in the learning process.

F104: The Principal has an extensive counseling background and is in her second year in her current role. Staff morale appeared to be high.

F105: Jurors heard reports of generally strong relationships between the school and local non-profits and businesses. A School Resource Officer assists in campus oversight and gang prevention programs. There are currently no programs with the Redwood Coast Senior Center which is contiguous to the Middle School facility. General Findings Re Demographics and External Factors Table I (below) summarizes demographic statistics for the four observed schools. Middle School Eagle Peak Pomolita Baechtel Fort Bragg Populations—Fall 2008 (UUSD) (UUSD) Grove (FBUSD) (Self-reported CBEDS) (WUSD) Number of Students 348 629 356 414 % of Students who are: American Indian2 4.9% 6% 8.7% 1% Hispanic/Latino 34.1% 38% 23.4% 38% Non-Hispanic White 55.1% 50% 64.9% 57% Other 5.9% 6% 2.8% 4% % Free/Reduced Price 65.2% 68% 69% 75% meals Average Class Size 20 28 27 22 General Findings Re School Accountability Progress Reporting 106. Jurors repeatedly heard middle school described with some urgency as a period of “transition” and as a “last chance” to gain basic academic and social skills required for independent learning and responsible adulthood.

F107: The State of California has established content and testing standards for ELA and mathematics that all students are expected to achieve. Particular emphasis is currently being placed on teaching algebra to all eighth graders because early success in this subject has been shown to predict future academic achievement.

F108: Algebra and Science Academies will be offered in summer 2009.

F109: California Accountability Progress Reporting (APR) measures and reports whether schools meet state and federal requirements. All data are collected and posted annually on the California Department of Education website.

F110: The California Public Schools Accountability Act of 1999 requires statewide evaluation based on standardized testing. Test results are expressed as each school’s Academic Performance Index (API). The API is used to determine the next year’s target for growth toward the statewide goal for all schools to achieve a minimum of 800 out of a possible 1000 test points.

F111: Schools that fail to meet their growth targets and those with API scores in the lower half of the statewide distribution are eligible to participate in local and state intervention programs designed to increase student proficiency in ELA and mathematics. For purposes of establishing a school’s Adequate Yearly Progress (AYP) rating, each demographic subgroup of significant size must meet its established growth target. 112. All schools that receive federal funding also receive an Adequate Yearly Progress (AYP) rating as required by the federal No Child Left Behind Act of 2001 (NCLB).

F113: A school’s AYP is based on a) the percentage of students tested; b) the overall percentage of students who score proficient or above in ELA and mathematics; c) percent participation and percent proficient or above in each designated ethnic, economic, or ability-related sub-group. A satisfactory AYP requires that all sub-groups meet participation and proficiency targets.

F114: NCLB requires that targets increase yearly until 2013-14 when all schools are required to have 100% of their students performing at or above grade level on statewide tests.

F115: Whereas Jurors heard generally positive responses to the challenging California standards and assessments, NCLB was widely criticized by educators as establishing expectations that are virtually impossible to achieve. NCLB is also criticized because adequate funding is not provided to cover the cost of required testing and reporting.

F116: Schools that fail to meet growth targets after one year of Program Improvement (PI) funding, are subject to local intervention through the county office of education. After two years, they are subject to state sanctions and are required to participate in formalized interventions. These schools are said to be “in Program Improvement.” 117. Schools that are in PI are required to provide each student with one to two hours of daily instruction in ELA and one hour in mathematics. English language learners and students who test below proficient levels are required to have additional remedial instruction.

F118: The block scheduling necessary to meet these requirements also allows grade level meetings so that teachers can review student progress and shape instruction to individual needs.

F119: Block scheduling makes it difficult to also offer science and electives, including art, music and life skills. It also requires a level of staffing that may not be sustainable given budget cutbacks.

F120: Some ELA and history teachers described the longer instructional periods as useful. At least one math teacher thought the blocked time exceeded the attention span of her students and was a poor fit with the pacing of the math curriculum.

F121: All four of the middle schools described in this report have been in PI for at least four years. They will remain in PI status until they meet their API growth targets in two consecutive years. 122. Table II (below) describes the Program Improvement Status of the four sites. Table II Eagle Pomolita Baechtel Fort Bragg Peak Grove Middle Sch. Program Year 5 Year 5 Year 5 Year 4 Improvement Status California 681/669 681/717 695/706 708/726 Academic (-12) (+36) (+11) (+18) Performance Goal not Goal Goal Goal Index achieved achieved achieved achieved 2008 API Base/Growth (Statewide target API is 800 of 1,000 possible) No Child Left AYP not AYP not AYP not AYP Behind achieved achieved achieved achieved Adequate Yearly Targets English Most sub- Progress (AYP) for % Language groups did Status proficient Learners not not did not achieve achieved achieve growth by growth targets in several targets math sub- groups in either English Languag e Arts or Math Findings: Healthy Kids Surveys and Counseling Resources 123. The California Healthy Kids Survey is designed to help schools assess the physical and emotional well-being of their students and design appropriate interventions to ensure healthy development. Data are based on anonymous self-reports of student behavior and can be influenced by many factors. Table III (below) presents responses to selected Healthy Kids Survey items from students at the four schools. Healthy Kids Survey Ukiah Unified Baechtel Fort Bragg Student Responses School District Grove Middle Middle Pomolita and Eagle School School Peak (WUSD)4 (FBUSD)5 Middle Schools3 Question 7th 9th 7th 9th 7th 9th % who drank alcohol in 16% 40% 33% 53% 26% 38% past thirty days… State Average (%) 12% 24% 12% 24% 10% 25% % engaged in heavy 9% 22% 17% 38% 6% 25% “binge” drinking in past thirty days State Average (%) 5% 12% 5% 12% 5% 12% % who used marijuana 8% 23% 14% 35% 5% 20% in past thirty days… State Average (%) 5% 13% 5% 13% 4% 12% % ever drunk or high on 5% 18% 14% 39% 8% 13% school property… State Average (%) 3% 12% 5% 13% 3% 12% 3 Based on Fall 2007 Administration of Healthy Kids Survey 4 Based on Spring 2008 Administration of Healthy Kids Survey 5 Based on Fall 2006 Administration of Healthy Kids Survey Healthy Kids Survey Ukiah Unified Baechtel Fort Bragg Student Responses School District Middle Middle Continued Pomolita and School School Eagle Peak (WUSD)7 (FBUSD)8 Middle Schools6 Question 7th 9th 7th 9th 7th 9th % who think daily /almost daily use of alcohol is “somewhat” to 74% 78% 80% 84% 90% 92% “extremely” harmful… State Average (%) 94% 92% 94% 92% 94% 92% % who think daily/almost daily use of marijuana is “somewhat” 72% 76% 76% 82% 83% 82% to “extremely” harmful… State Average (%) 96% 92% 96% 92% 96% 92% % who reported that they 8% 14% 8% 11% 11% 8% “consider themselves to be a gang member”… State Average (%) 10% 13% 10% 10% 10% 13% % who reported carrying a gun 8% 10% 9% 5% 5% 4% on school property in past 12 months… No comparable State data % who carrying any other weapon on school property in 12% 17% 15% 18% 18% 22% past 12 months… No comparable State data % who report high expectations 52% 40% 54% 49% 45% 39% State Average (%) 44% 34% 44% 34% 44% 34% 6 Based on Fall 2007 Administration of Healthy Kids Survey 7 Based on Spring 2008 Administration of Healthy Kids Survey 8 Based on Fall 2006 Administration of Healthy Kids Survey % who report caring 36% 27% 43% 46% 33% 36% relationships State Average (%) 30% 24% 30% 24% 30% 24% % who report meaningful 18% 11% 24% 13% 9% 23% participation in school… State Average (%) 14% 12% 14% 12% 14% 12% 124. The Grand Jury examined responses to selected survey questions by seventh and ninth grade students in each of the three observed school districts and compared the responses to statewide averages by grade level. (See Table III) a. Students at all schools reported recent alcohol use and heavy binge drinking at significantly higher rates than the state average. At Baechtel Grove, rates were double to triple the state average. b. Likewise, students at all schools reported recent marijuana use at significantly higher rates than the state average. At Baechtel Grove, these rates were nearly triple the state average. c. A much smaller percentage of students reported that they had ever been drunk or high on school property. d. Self-reported use of both alcohol and marijuana was significantly higher for ninth graders than for students in seventh grade. e. Students at all schools were less likely than their peers, statewide, to report that “daily or almost daily use of alcohol is harmful.” They were even less likely to report that regular marijuana use is harmful. These findings were particularly pronounced in Ukiah and Willits and less so in Fort Bragg. f. Much like their peers, statewide, between 8% and 14% of the students surveyed reported that they considered themselves to be connected to a gang. g. While only a small percentage of students reported feeling “unsafe” at school, about a third said that they had been harassed at some time in the past twelve months on the basis of their religion, gender, sexual orientation, physical/mental disability, or race, ethnicity or national origin. h. Between 4% and 10% of students reported having carried a gun to school and 12% to 22% reported carrying another type of weapon. i. To the credit of educators at all sites, students rated their schools higher than state averages as places where they experienced caring adult relationships, high expectations and opportunities for meaningful participation.

📋June 30, 2009 — The cover of this report was designed by graphic artist Tobin Keller. The images are of Pomo Indian baskets from the

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Hallazgos & Recomendaciones 38 hallazgos

F1: LVUSD (the District) is a small, isolated school district located near the northern boundary of Mendocino County. Adjacent school districts are Laytonville to the south and Southern Humboldt to the north.

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F2: The District includes the pre-school-12th grade facility in Leggett and the 40- student K-12 Whale Gulch site that is located “off the grid” in a remote location about 1 ½ hours from Leggett.

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F3: Until recently, the Leggett Valley campus has attracted transfer students from Southern Humboldt.

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F4: Between 2007-08 and April 2009, the student census of the Leggett campus has declined from 124 to 100.

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F5: LVUSD is governed by an elected board whose five members serve four-year staggered terms. Two board members are from the Whale Gulch site and three are from Leggett.

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F6: The current board president has served since the District separated from Fort Bragg Unified School District in 1989-91. Other members have also served multiple terms.

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F7: One board member has completed the Masters in Governance program through the California School Board Association (CSBA). In the past, some board members have attended the Small School Districts (SSD) Conference. Members have not attended the SSD Conference in the past two years. They have not had ethics training or sexual harassment training.

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F8: The former superintendent retired at the end of the 2005-06 school year after serving for seven years.

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R4: provide annual ethics, sexual harassment and incident management trainings for school board members and all employees, including part-time coaches, and school board members. (Findings 8, 18, 24)

R15: 16. the County Superintendent of Education exercise his authority and monitor and support progress by the LVUSD school board and new administrators to establish uniform behavioral expectations and restore civility to the school community. (Findings 8, 13, 16-19, 25-39)

R38: 6. establish a closed campus during school hours and require a signed pass for any parent or other visitor seeking to access areas other than the school office when classes are in session. Include this requirement in the Civility Policy and enforce any and all violations. (Findings 25, 36-38) 7. direct the District administrator to post all campus entrances prohibiting unauthorized access and stating consequences pursuant to Education Code § 32211(e) and § 44810 and Penal Code § 626.8 and § 627.7. (Findings 25, 30, 36-37) 8. direct the District administrator to promptly report to the Sheriff any and all violations of relevant sections of the Education and Penal Codes as referenced in the LVUSD Civility Policy and fully support the Sheriff and District Attorney in enforcing these laws. (Findings 20, 25, 30-35) 9. direct the District administrator to report on behavioral referrals, incident reports and Civility Policy violations at each regular board meeting (in closed session, if recommended by District Counsel) to monitor and ensure implementation of the Student Disciplinary Policy and Civility Policy. (Findings 16, 18-19, 25, 30) 10. make classroom video surveillance available to any teacher who believes that either safety or their personal credibility could be at risk. (Finding 29) 11. direct the District administrator to post the Williams complaint procedure in all classrooms. (Finding 39) 12. direct the District administrator to engage faculty in providing input to curriculum decisions in a timely manner and ensure that the adopted books and materials are available to all students as required by the Williams Settlement. (Finding 39) The Grand Jury also recommends that: 13. the Mendocino County Sheriff’s Office require that deputies assigned to the North County familiarize themselves with the Leggett Valley Unified School District Civility Policy and that they respond promptly to calls and arrest all violators of the Education and Penal Code Sections included in the District Civility Policy. (Findings 20, 30-34) 14. the Mendocino County District Attorney’s Office prosecute all violations of the Leggett Valley Unified School District Civility Policy to the full extent of the law. (Findings 30-34) 15. 16. the County Superintendent of Education exercise his authority and monitor and support progress by the LVUSD school board and new administrators to establish uniform behavioral expectations and restore civility to the school community. (Findings 8, 13, 16-19, 25-39)

F9: The board chose to manage its own search for his replacement using CSBA guidelines and with the support of Mendocino County Office of Education.

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R2: consider contracting with the California School Board Association to conduct the District’s administrator searches. (Findings 9-11)

F10: The new superintendent assumed his position in 2006-07. He had formerly retired from a central California district and was unfamiliar with the Leggett community.

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R2: consider contracting with the California School Board Association to conduct the District’s administrator searches. (Findings 9-11)

F11: In 2007-08, the experienced Leggett principal left the District and the superintendent assumed the combined responsibilities of principal and superintendent and became the sole administrator.

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R2: consider contracting with the California School Board Association to conduct the District’s administrator searches. (Findings 9-11)

F12: The superintendent’s contract will expire at the end of the 2008-09 school year. An acting principal has been appointed at the Leggett site. The board has determined that Leggett requires a full-time principal, but has not yet determined whether to hire a full-time or part-time superintendent.

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F13: A school principal is responsible for day-to-day operations including curriculum implementation and has primary responsibility for student and adult discipline. A district superintendent has overall responsibility for financial and facilities management, implementing the district vision, and for managing relationships with the state and community.

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R1: make it a top priority to a) employ a full-time principal for the Leggett campus and b) employ a District superintendent who has had demonstrated success in managing student and parent behavior as well as effectively enforcing disciplinary policies. (Findings 13-16, 25)

F14: There is considerable disparity in the principal and superintendent roles and different skill sets are required. Combining the two positions means that there is no second authority to help resolve conflicts or handle the most extreme disciplinary issues.

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F15: Testimony and school documents indicate that the number, frequency and severity of student behavior referrals have increased since the departure of the full-time principal. Documents show 209 reported student behavior incidents by 62 students in all of 2007-08. Through February of the current school year, 42 students had been referred for 305 incidents.

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F16: Written behavioral referrals include incidents described as fighting, harassment, chronic tardiness, truancy, unacceptable language, disrespect, disrespect to a faculty member, prohibited cell phone use, defiance, assault, property damage, bullying, sexual harassment, cheating, possession of a controlled substance, disruptive behavior, dress code violations and profanity.

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R3: contract with a qualified consultant to implement a multi-year, school-wide program to establish and enforce norms of student and adult behavior that are conducive to learning and to personal and academic achievement. (Findings 16-22, 25-29)

R9: direct the District administrator to report on behavioral referrals, incident reports and Civility Policy violations at each regular board meeting (in closed session, if recommended by District Counsel) to monitor and ensure implementation of the Student Disciplinary Policy and Civility Policy. (Findings 16, 18-19, 25, 30)

F17: Since October 2007 serious incidents of student bullying and harassment have been documented in a series of school incident reports and, in some cases, law enforcement reports. In several incidents parents have become involved in defense of both the student victims and the aggressors, who have been characterized by their parents as innocent and wrongly accused.

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F18: Student disciplinary actions have been ineffective to correct behavior. Deterrents include lunch detention, in-house suspension under the supervision of the school secretary, and, on rare occasions, home- suspension of up to 5 days. Disciplinary actions have not been consistently enforced by the administrator. There have been no expulsions under the current administration despite incidents of student possession of illegal drugs. There have also been no Student Attendance Review Board (SARB) referrals to address chronic truancy.1

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F19: Law enforcement is provided by deputies from the Sheriff’s Sub-Station in Willits which is 45-60 minutes to the south. Deputies who were interviewed stated that they were unfamiliar with the District Civility Policy.

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F20: In several interviews, respondents openly discussed the robust local marijuana industry. Some observed that it creates a general disrespect for authority on the part of students and adults. Jurors were told that students are sometimes used by their families as “sentries and informants.” Involvement in production of illegal drugs was also cited as undermining academic motivation and working at cross-purposes with the public school mandate to maintain a drug-free environment.

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R8: direct the District administrator to promptly report to the Sheriff any and all violations of relevant sections of the Education and Penal Codes as referenced in the LVUSD Civility Policy and fully support the Sheriff and District Attorney in enforcing these laws. (Findings 20, 25, 30-35)

R13: the Mendocino County Sheriff’s Office require that deputies assigned to the North County familiarize themselves with the Leggett Valley Unified School District Civility Policy and that they respond promptly to calls and arrest all violators of the Education and Penal Code Sections included in the District Civility Policy. (Findings 20, 30-34)

F21: The strong drug sub-culture in the Leggett community makes it difficult for the school administrator or residents to invite the presence of law enforcement on campus without opening the door to drug-related investigations.

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F22: Family loyalties were cited by some as contributing to the current unrest. Some of those interviewed alluded to a strong social norm against ever involving law enforcement.

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F23: Families of some of the victims of bullying and/or sexual harassment have left the district.

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F24: Other adults related to both the victims and the accused aggressors have remained in the District. Several of these have disrupted the school campus in violation of the district’s Civility Code and relevant sections of the California State Education and Penal Codes which prohibit any person from willfully disturbing any public school or any public school meeting.2 Adult incident reports include: • February 26, 2008: a school coach was confronted on the steps of the LVUSD gym and his life was threatened in retaliation for sexually inappropriate text messages that he and a student had exchanged. The coach was subsequently physically attacked on his way home. • February 27, 2008: one parent approached and verbally attacked another parent near the school cafeteria. The administrator asked both parents to leave campus. The Sheriff was called by the parent who was attacked. • March 3, 2008: four parents verbally attacked a teacher and were involved in a shouting match in the school parking lot. Only one parent was asked to leave and she returned to campus the same afternoon. The teacher reported this incident to law enforcement the following day. • October 17, 2008: a parent addressed the school secretary, using rude and profane language claiming that her son was being unfairly “singled out” for disciplinary action after he had taken part in an incident on a school van the 1 LVUSD and other North County Districts refer truant students to the Willits SARB. The Leggett Valley Unified School District Civility Code and relevant Penal Code and Education Code are available by accessing this 2008-09 report on the Grand Jury website at www.co.mendocino/grandjury day before. He and two other male students had pulled down their pants and underwear and rubbed their bare buttocks in the faces of two classmates while returning from an athletic event. The three aggressors were given 5-day suspensions by the investigating staff member but this was reduced to three- days by the administrator. • October 31, 2008: a parent entered a classroom and, in front of the students, verbally threatened a teacher. The administrator reported the incident to law enforcement by phone but no disciplinary action was taken. • November 21, 2008: a parent demanded entry to a classroom and verbally accosted the teacher in a threatening manner for taking away a student cell phone that was being used improperly in class. No disciplinary action was taken. • February 27, 2009: seeking to confront a student who had been in an argument with his son, the same parent (as above incident) chased the student across campus and attempted to gain entrance to a locked room in which the student had taken refuge. Neither the administrator nor his designee was on campus. Law enforcement was not called. The administrator stated that he had “admonished the parent.” No further disciplinary action was taken. • March 11, 2009: at a school board meeting attended by the Grand Jury, there was a disruptive outburst during the public comment session. One parent was pushing and swearing at another at the school entry and in the parking lot. Neither the administrator nor the board acted to stop the altercation. Law enforcement records indicate that the administrator reported the event the following morning. No disciplinary action was taken.

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F25: Parents of several of the student aggressors have disrupted board meetings with angry demands that the board remove a teacher who they claim has treated their children unfairly. They have publicly berated the teacher in question and threatened the board that they will take their children out of the District unless this demand is met. This action would seriously impact the District’s budget.

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R5: direct the District administrator to hold regular lock down drills. (Finding 25, 38)

R6: establish a closed campus during school hours and require a signed pass for any parent or other visitor seeking to access areas other than the school office when classes are in session. Include this requirement in the Civility Policy and enforce any and all violations. (Findings 25, 36-38)

R7: direct the District administrator to post all campus entrances prohibiting unauthorized access and stating consequences pursuant to Education Code § 32211(e) and § 44810 and Penal Code § 626.8 and § 627.7. (Findings 25, 30, 36-37)

F26: The board has been unable to control these repeated parental disruptions that have occurred during its meetings and the incumbent administrator has failed to act in accordance with the Civility Policy and with Education Code § 32210 which states that “Any person who willfully disturbs any public school or any public school meeting is guilty of a misdemeanor, and shall be punished by a fine of not more than five-hundred dollars ($500).”

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F27: During the 2008-09 basketball season, the school board relaxed the academic standards required in order for students to participate in sports. This action effectively lowered the academic bar and undermined an important source of student motivation.

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F28: At least three staff members have resigned as a direct result of inappropriate behavior by students and/or parents and the administration’s failure to resolve these disciplinary issues. Some other long-term teachers and staff reported feeling personally threatened and fearful of becoming targets of unsubstantiated parental charges and losing their jobs.

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F29: LVUSD has enacted a Civility Policy which specifies how individuals are expected to behave on campus. This policy references relevant Education and Penal Code Sections that require fines and/or jail sentences for offenders.

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R10: make classroom video surveillance available to any teacher who believes that either safety or their personal credibility could be at risk. (Finding 29)

F30: Education Code § 32211 (a) authorizes the school principal or the designee of the principal to request any person whose presence the principal believes will be disruptive or interfere with classes of the public school program to leave the grounds. The person who is requested to leave has the right to appeal that determination to the superintendent. That appeal shall be made no later than the second succeeding school day and a reply shall be given within 24 hours.

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R14: the Mendocino County District Attorney’s Office prosecute all violations of the Leggett Valley Unified School District Civility Policy to the full extent of the law. (Findings 30-34)

F31: Education Code § 44810 (a) states that “…Every minor over 16 years of age or adult who is not a pupil of the school, including but not limited to any such minor or adult who is the parent or guardian of a pupil of the school, who comes upon any school ground or into any schoolhouse and there willfully interferes with the discipline, good order, lawful conduct, or administration of any school class or activity of the school, with the intent to disrupt, obstruct, or to inflict damage to property or bodily injury upon any person, is guilty of a misdemeanor.” This section further sets forth penalties including fines of up to $1,000 and imprisonment for up to 90 days in a county jail.

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R14: the Mendocino County District Attorney’s Office prosecute all violations of the Leggett Valley Unified School District Civility Policy to the full extent of the law. (Findings 30-34)

F32: Education Code § 44811 states that “Any parent, guardian, or other person whose conduct in a place where a school employee is required to be in the course of his or her duties materially disrupts class work or extracurricular activities or involves substantial disorder is guilty of a misdemeanor.”

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R14: the Mendocino County District Attorney’s Office prosecute all violations of the Leggett Valley Unified School District Civility Policy to the full extent of the law. (Findings 30-34)

F33: The LVUSD Civility Policy specifies that “When violence is directed against an employee or theft against property, employees shall promptly report the occurrence to their principal or supervisor and complete an Incident Report. Employees and supervisors should complete an Incident Report and report to law enforcement, any attack, assault or threat made against them on School/District premises.”

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R14: the Mendocino County District Attorney’s Office prosecute all violations of the Leggett Valley Unified School District Civility Policy to the full extent of the law. (Findings 30-34)

F34: When questioned about missing and incomplete Incident Reports and his repeated failure to promptly contact law enforcement, the incumbent administrator responded, “Talk to my attorney about that. The Civility Policy is interpretive.” In response to several other questions, the incumbent administrator also repeatedly advised the Grand Jury to “…talk to my attorney.”

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R14: the Mendocino County District Attorney’s Office prosecute all violations of the Leggett Valley Unified School District Civility Policy to the full extent of the law. (Findings 30-34)

F35: Education Code § 32211 (e) requires that all entrances to a public school campus be posted with the school hours, defined as the period commencing one hour before classes begin and one hour after classes end. Typically, all visitors are required to check in at school offices and secure a pass before proceeding onto campus.

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F36: Unlike other public school campuses, the Grand Jury saw no posting of school hours and no signs directing visitors to check in at the school office.

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F37: Despite repeated adult disruptions, the District does not regularly hold lock down drills.

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F38: The Grand Jury heard further complaints that the school site administrator has not fulfilled his responsibility to implement the curriculum. Among these complaints are the following: • In November 2008, mathematics instructional materials were not yet available. • In February 2009, elementary science and social studies materials had not yet been ordered. • For more than half of the 2008-09 school year, Spanish students have been taught by substitutes who are unfamiliar with the language. • On April 1, the administrator stated that students were using a computerized language program called Rosetta Stone, but Jurors heard conflicting testimony that the language program was not yet installed. • Parents and teachers reported that no meaningful instruction or assessment of Spanish students had taken place since the first grading period. • High school students who remained registered in the Spanish class in the second and third grading periods were given the same grade they had earned from the qualified Spanish teacher during the first grading period. • Spanish grades were filed over the name of the qualified teacher who had been placed on administrative leave. Subsequently this teacher requested in writing that the teacher’s name be removed from grading reports, since neither teaching nor assessment had taken place during the administrative leave.

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F1: All agencies in Mendocino County must comply with ICWA when dealing with Tribal Indian children. However, when an incident occurs, a child’s heritage is not always apparent.

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R1: The Health & Human Services Agency continue to interact with the ICWA Roundtable. (Findings 1, 3, 9-11, 13-14, 16)

R2: All law enforcement officials in Mendocino County acquaint themselves with the ICWA Law. (Findings 1, 3, 9)

R3: The Mendocino County Board of Supervisors direct Health and Human Services to instruct Child Protective Services to follow CFR 25, Chapter 21 Indian Child Welfare Act, Section 195, subsection (b). (Findings 1, 3, 9, 11- 14, 16)

R4: Mendocino County Board of Supervisors interact with Tribal Councils as partners in a government-to-government relationship and direct all County Agencies that interact with Tribal Councils, to do so as partners, recognizing Tribal autonomy. (Findings 1, 3, 9, 11, 13-14)

F2: The definition of “Indian” means any person who a member of an Indian Tribe or an Alaska Native. Under ICWA an Indian child means any unmarried person who is under the age of 18 and either (a) a member of an Indian Tribe or (b) eligible for membership in a government recognized Indian Tribe as the biological child of a member of an Indian Tribe.

F3: On Tribal land there is concurrent jurisdiction of Tribal government and the County for child welfare. At times, this can lead to jurisdictional issues surrounding investigations by Child Protective Services involving the welfare of these children.

F4: Most local Tribes have not designated emergency ICWA safe-houses where Indian children can be placed for immediate protection.

F5: There is a lack of Tribal foster care homes in Mendocino County.

F6: At the discretion of the Tribal Council, an ICWA representative may be hired to actively represent the interests of an Indian child.

F7: Most local Tribes do not have an official Tribal Court.

F8: Tribes determine who will be included on their membership rolls and they do not share their official Tribal membership roll with any outside agencies. This 1 A copy of the Indian Child Welfare Act and additional information on Indian Child Welfare is available at www.nicwa.org makes it difficult to determine an Indian child’s legal status if that child resides off Tribal land.

F9: Tribal law enforcement and the Sheriff’s Office have an understanding of ICWA but city police departments rely on CPS.

Recomendaciones relacionadas (1)

R1: The Health & Human Services Agency continue to interact with the ICWA Roundtable. (Findings 1, 3, 9-11, 13-14, 16)

F10: Turnover in Tribal ICWA and CPS staff cause communication breakdowns.

Recomendaciones relacionadas (1)

R1: The Health & Human Services Agency continue to interact with the ICWA Roundtable. (Findings 1, 3, 9-11, 13-14, 16)

F11: The ICWA Roundtable was established to address communication issues and support enforcement of the law. It consists of Mendocino County Tribal ICWA staff, Tribal Council representatives, H&HS/Social Services staff, County Counsel, CASA Director and local attorneys.

Recomendaciones relacionadas (2)

R1: The Health & Human Services Agency continue to interact with the ICWA Roundtable. (Findings 1, 3, 9-11, 13-14, 16)

F12: ICWA becomes applicable with the first filing of a court document, but its protections are needed by Indian children before such action is taken.

Recomendaciones relacionadas (1)

F13: In January 2003, this need to extend ICWA protections led the Roundtable members to draft a written protocol to ensure that Indian children stay within the Indian community and to facilitate access to resources for agencies and Tribes working with high-risk Indian families.

Recomendaciones relacionadas (3)

R1: The Health & Human Services Agency continue to interact with the ICWA Roundtable. (Findings 1, 3, 9-11, 13-14, 16)

F14: The ICWA Protocol is being updated.

Recomendaciones relacionadas (3)

R1: The Health & Human Services Agency continue to interact with the ICWA Roundtable. (Findings 1, 3, 9-11, 13-14, 16)

F15: During Indian child custody proceedings, an independent ICWA expert witness may be called to provide requested information.

F16: H&HS staff members have stated that the application of ICWA Law has made them more sensitive to all children that go through the system.

May 24, 2009 — Bulging at the Seams a Report on the Mendocino County Jail May 24, 2009

3 páginas 19 hallazgos 2 recomendaciones

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Hallazgos & Recomendaciones 19 hallazgos

F1: According to the Department of Corrections and Rehabilitation May 20, 2008 inspection report, some areas of the jail are overcrowded due to prisoner gender and classification. It currently houses 300 inmates. Review of the average daily census over a two year period found that the facility was consistently near its rated capacity, making it extremely difficult to appropriately house inmates based on their classification.

F2: There were inmates sleeping on “stack-a-bunks” on the floor (a plastic frame with a mattress).

F3: Some floor tiles at the delivery station doorway and the adjacent drain were broken or missing. All of the broken or missing tiles are scheduled to be replaced by May 20, 2009.

Recomendaciones relacionadas (1)

R1: The Grand Jury recommends that the Sheriff’s Office: repair and replace kitchen floor tiles (Finding 3)

F4: The kitchen staff will soon be using newly acquired bakery equipment in an area of the kitchen to bake bread daily. In addition to supplying the main jail facility, they will also provide baked goods for the Juvenile Hall and other detention facilities.

F5: The current cost for baked goods for the jail exceeds $30,000 annually. The equipment will pay for itself in three years.

F6: The jail staff is short two sergeants, three correctional deputies, one Sheriff’s service officer and a laundry supervisor. The only position allowed to be filled is the laundry supervisor. The current hiring freeze limits the filling of the other positions.

F7: The door lock system is prone to excessive wear. Minor repairs are made using limited parts on hand. All other repairs depend on receiving parts from a distant manufacturer. Delivery time is often excessive.

F8: The copper plumbing is deteriorating throughout the jail and must continually be replaced.

Recomendaciones relacionadas (1)

R2: The Grand Jury recommends that the Sheriff’s Office: research and identify the cause of the plumbing deterioration and, if found to be cost-effective, take steps to monitor and correct it. (Finding 8)

F9: There is a large, well-organized herb and vegetable garden maintained by the inmates and supervised by a contracted part-time employee.

F10: A classroom is set up for study programs through which many inmates earn their GED.

F11: Computers and computer instruction are available but there is no internet capability.

F12: Classes are offered to teach conflict resolution, parenting and life skills, anger management and drug/alcohol recovery.

F13: There is no longer a law library at the jail. If an inmate has a legal question, they can send it out to a contracted firm where law students will research it and return an answer.

F14: There is a dentist on site once a week.

F15: There is medical staff on site seven days a week, twenty-four hours a day.

F16: Prescription drugs are dispensed and taken under close monitoring by the medical staff.

F17: There is a Mendocino County Sheriff’s Office Corrections Division brochure describing all of the inmate services.

F18: Inmate property is bagged but not inventoried at intake. Inventory of personal property is done during the booking process.

F19: Employee stress counseling is available. There is a minister available as well as a psychologist.

May 21, 2009 — Abdication of Leadership and Disciplinary Breakdowns in Leggett Valley Unified School District

11 páginas 38 hallazgos 16 recomendaciones

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Hallazgos & Recomendaciones 38 hallazgos

F3: Until recently, the Leggett Valley campus has attracted transfer students from Southern Humboldt.

F4: Between 2007-08 and April 2009, the student census of the Leggett campus has declined from 124 to 100.

F5: LVUSD is governed by an elected board whose five members serve four-year staggered terms. Two board members are from the Whale Gulch site and three are from Leggett.

F6: The current board president has served since the District separated from Fort Bragg Unified School District in 1989-91. Other members have also served multiple terms.

F8: The former superintendent retired at the end of the 2005-06 school year after serving for seven years.

Recomendaciones relacionadas (3)

R4: provide annual ethics, sexual harassment and incident management trainings for school board members and all employees, including part-time coaches, and school board members. (Findings 8, 18, 24)

R15: the County Superintendent of Education exercise his authority and monitor and support progress by the LVUSD school board and new administrators to establish uniform behavioral expectations and restore civility to the school community. (Findings 8, 13, 16-19, 25-39)

R38: 6. establish a closed campus during school hours and require a signed pass for any parent or other visitor seeking to access areas other than the school office when classes are in session. Include this requirement in the Civility Policy and enforce any and all violations. (Findings 25, 36-38) 7. direct the District administrator to post all campus entrances prohibiting unauthorized access and stating consequences pursuant to Education Code § 32211(e) and § 44810 and Penal Code § 626.8 and § 627.7. (Findings 25, 30, 36-37) 8. direct the District administrator to promptly report to the Sheriff any and all violations of relevant sections of the Education and Penal Codes as referenced in the LVUSD Civility Policy and fully support the Sheriff and District Attorney in enforcing these laws. (Findings 20, 25, 30-35) 9. direct the District administrator to report on behavioral referrals, incident reports and Civility Policy violations at each regular board meeting (in closed session, if recommended by District Counsel) to monitor and ensure implementation of the Student Disciplinary Policy and Civility Policy. (Findings 16, 18-19, 25, 30) 10. make classroom video surveillance available to any teacher who believes that either safety or their personal credibility could be at risk. (Finding 29) 11. direct the District administrator to post the Williams complaint procedure in all classrooms. (Finding 39) 12. direct the District administrator to engage faculty in providing input to curriculum decisions in a timely manner and ensure that the adopted books and materials are available to all students as required by the Williams Settlement. (Finding 39) The Grand Jury also recommends that: 13. the Mendocino County Sheriff’s Office require that deputies assigned to the North County familiarize themselves with the Leggett Valley Unified School District Civility Policy and that they respond promptly to calls and arrest all violators of the Education and Penal Code Sections included in the District Civility Policy. (Findings 20, 30-34) 14. the Mendocino County District Attorney’s Office prosecute all violations of the Leggett Valley Unified School District Civility Policy to the full extent of the law. (Findings 30-34) 15. the County Superintendent of Education exercise his authority and monitor and support progress by the LVUSD school board and new administrators to establish uniform behavioral expectations and restore civility to the school community. (Findings 8, 13, 16-19, 25-39)

F9: The board chose to manage its own search for his replacement using CSBA guidelines and with the support of Mendocino County Office of Education.

Recomendaciones relacionadas (1)

R2: consider contracting with the California School Board Association to conduct the District’s administrator searches. (Findings 9-11)

F10: The new superintendent assumed his position in 2006-07. He had formerly retired from a central California district and was unfamiliar with the Leggett community.

Recomendaciones relacionadas (1)

R2: consider contracting with the California School Board Association to conduct the District’s administrator searches. (Findings 9-11)

F11: In 2007-08, the experienced Leggett principal left the District and the superintendent assumed the combined responsibilities of principal and superintendent and became the sole administrator.

Recomendaciones relacionadas (1)

R2: consider contracting with the California School Board Association to conduct the District’s administrator searches. (Findings 9-11)

Recomendaciones relacionadas (1)

Recomendaciones relacionadas (5)

R38: 6. establish a closed campus during school hours and require a signed pass for any parent or other visitor seeking to access areas other than the school office when classes are in session. Include this requirement in the Civility Policy and enforce any and all violations. (Findings 25, 36-38) 7. direct the District administrator to post all campus entrances prohibiting unauthorized access and stating consequences pursuant to Education Code § 32211(e) and § 44810 and Penal Code § 626.8 and § 627.7. (Findings 25, 30, 36-37) 8. direct the District administrator to promptly report to the Sheriff any and all violations of relevant sections of the Education and Penal Codes as referenced in the LVUSD Civility Policy and fully support the Sheriff and District Attorney in enforcing these laws. (Findings 20, 25, 30-35) 9. direct the District administrator to report on behavioral referrals, incident reports and Civility Policy violations at each regular board meeting (in closed session, if recommended by District Counsel) to monitor and ensure implementation of the Student Disciplinary Policy and Civility Policy. (Findings 16, 18-19, 25, 30) 10. make classroom video surveillance available to any teacher who believes that either safety or their personal credibility could be at risk. (Finding 29) 11. direct the District administrator to post the Williams complaint procedure in all classrooms. (Finding 39) 12. direct the District administrator to engage faculty in providing input to curriculum decisions in a timely manner and ensure that the adopted books and materials are available to all students as required by the Williams Settlement. (Finding 39) The Grand Jury also recommends that: 13. the Mendocino County Sheriff’s Office require that deputies assigned to the North County familiarize themselves with the Leggett Valley Unified School District Civility Policy and that they respond promptly to calls and arrest all violators of the Education and Penal Code Sections included in the District Civility Policy. (Findings 20, 30-34) 14. the Mendocino County District Attorney’s Office prosecute all violations of the Leggett Valley Unified School District Civility Policy to the full extent of the law. (Findings 30-34) 15. the County Superintendent of Education exercise his authority and monitor and support progress by the LVUSD school board and new administrators to establish uniform behavioral expectations and restore civility to the school community. (Findings 8, 13, 16-19, 25-39)

Recomendaciones relacionadas (3)

R38: 6. establish a closed campus during school hours and require a signed pass for any parent or other visitor seeking to access areas other than the school office when classes are in session. Include this requirement in the Civility Policy and enforce any and all violations. (Findings 25, 36-38) 7. direct the District administrator to post all campus entrances prohibiting unauthorized access and stating consequences pursuant to Education Code § 32211(e) and § 44810 and Penal Code § 626.8 and § 627.7. (Findings 25, 30, 36-37) 8. direct the District administrator to promptly report to the Sheriff any and all violations of relevant sections of the Education and Penal Codes as referenced in the LVUSD Civility Policy and fully support the Sheriff and District Attorney in enforcing these laws. (Findings 20, 25, 30-35) 9. direct the District administrator to report on behavioral referrals, incident reports and Civility Policy violations at each regular board meeting (in closed session, if recommended by District Counsel) to monitor and ensure implementation of the Student Disciplinary Policy and Civility Policy. (Findings 16, 18-19, 25, 30) 10. make classroom video surveillance available to any teacher who believes that either safety or their personal credibility could be at risk. (Finding 29) 11. direct the District administrator to post the Williams complaint procedure in all classrooms. (Finding 39) 12. direct the District administrator to engage faculty in providing input to curriculum decisions in a timely manner and ensure that the adopted books and materials are available to all students as required by the Williams Settlement. (Finding 39) The Grand Jury also recommends that: 13. the Mendocino County Sheriff’s Office require that deputies assigned to the North County familiarize themselves with the Leggett Valley Unified School District Civility Policy and that they respond promptly to calls and arrest all violators of the Education and Penal Code Sections included in the District Civility Policy. (Findings 20, 30-34) 14. the Mendocino County District Attorney’s Office prosecute all violations of the Leggett Valley Unified School District Civility Policy to the full extent of the law. (Findings 30-34) 15. the County Superintendent of Education exercise his authority and monitor and support progress by the LVUSD school board and new administrators to establish uniform behavioral expectations and restore civility to the school community. (Findings 8, 13, 16-19, 25-39)

Recomendaciones relacionadas (4)

R38: 6. establish a closed campus during school hours and require a signed pass for any parent or other visitor seeking to access areas other than the school office when classes are in session. Include this requirement in the Civility Policy and enforce any and all violations. (Findings 25, 36-38) 7. direct the District administrator to post all campus entrances prohibiting unauthorized access and stating consequences pursuant to Education Code § 32211(e) and § 44810 and Penal Code § 626.8 and § 627.7. (Findings 25, 30, 36-37) 8. direct the District administrator to promptly report to the Sheriff any and all violations of relevant sections of the Education and Penal Codes as referenced in the LVUSD Civility Policy and fully support the Sheriff and District Attorney in enforcing these laws. (Findings 20, 25, 30-35) 9. direct the District administrator to report on behavioral referrals, incident reports and Civility Policy violations at each regular board meeting (in closed session, if recommended by District Counsel) to monitor and ensure implementation of the Student Disciplinary Policy and Civility Policy. (Findings 16, 18-19, 25, 30) 10. make classroom video surveillance available to any teacher who believes that either safety or their personal credibility could be at risk. (Finding 29) 11. direct the District administrator to post the Williams complaint procedure in all classrooms. (Finding 39) 12. direct the District administrator to engage faculty in providing input to curriculum decisions in a timely manner and ensure that the adopted books and materials are available to all students as required by the Williams Settlement. (Finding 39) The Grand Jury also recommends that: 13. the Mendocino County Sheriff’s Office require that deputies assigned to the North County familiarize themselves with the Leggett Valley Unified School District Civility Policy and that they respond promptly to calls and arrest all violators of the Education and Penal Code Sections included in the District Civility Policy. (Findings 20, 30-34) 14. the Mendocino County District Attorney’s Office prosecute all violations of the Leggett Valley Unified School District Civility Policy to the full extent of the law. (Findings 30-34) 15. the County Superintendent of Education exercise his authority and monitor and support progress by the LVUSD school board and new administrators to establish uniform behavioral expectations and restore civility to the school community. (Findings 8, 13, 16-19, 25-39)

Recomendaciones relacionadas (4)

R38: 6. establish a closed campus during school hours and require a signed pass for any parent or other visitor seeking to access areas other than the school office when classes are in session. Include this requirement in the Civility Policy and enforce any and all violations. (Findings 25, 36-38) 7. direct the District administrator to post all campus entrances prohibiting unauthorized access and stating consequences pursuant to Education Code § 32211(e) and § 44810 and Penal Code § 626.8 and § 627.7. (Findings 25, 30, 36-37) 8. direct the District administrator to promptly report to the Sheriff any and all violations of relevant sections of the Education and Penal Codes as referenced in the LVUSD Civility Policy and fully support the Sheriff and District Attorney in enforcing these laws. (Findings 20, 25, 30-35) 9. direct the District administrator to report on behavioral referrals, incident reports and Civility Policy violations at each regular board meeting (in closed session, if recommended by District Counsel) to monitor and ensure implementation of the Student Disciplinary Policy and Civility Policy. (Findings 16, 18-19, 25, 30) 10. make classroom video surveillance available to any teacher who believes that either safety or their personal credibility could be at risk. (Finding 29) 11. direct the District administrator to post the Williams complaint procedure in all classrooms. (Finding 39) 12. direct the District administrator to engage faculty in providing input to curriculum decisions in a timely manner and ensure that the adopted books and materials are available to all students as required by the Williams Settlement. (Finding 39) The Grand Jury also recommends that: 13. the Mendocino County Sheriff’s Office require that deputies assigned to the North County familiarize themselves with the Leggett Valley Unified School District Civility Policy and that they respond promptly to calls and arrest all violators of the Education and Penal Code Sections included in the District Civility Policy. (Findings 20, 30-34) 14. the Mendocino County District Attorney’s Office prosecute all violations of the Leggett Valley Unified School District Civility Policy to the full extent of the law. (Findings 30-34) 15. the County Superintendent of Education exercise his authority and monitor and support progress by the LVUSD school board and new administrators to establish uniform behavioral expectations and restore civility to the school community. (Findings 8, 13, 16-19, 25-39)

Recomendaciones relacionadas (4)

R38: 6. establish a closed campus during school hours and require a signed pass for any parent or other visitor seeking to access areas other than the school office when classes are in session. Include this requirement in the Civility Policy and enforce any and all violations. (Findings 25, 36-38) 7. direct the District administrator to post all campus entrances prohibiting unauthorized access and stating consequences pursuant to Education Code § 32211(e) and § 44810 and Penal Code § 626.8 and § 627.7. (Findings 25, 30, 36-37) 8. direct the District administrator to promptly report to the Sheriff any and all violations of relevant sections of the Education and Penal Codes as referenced in the LVUSD Civility Policy and fully support the Sheriff and District Attorney in enforcing these laws. (Findings 20, 25, 30-35) 9. direct the District administrator to report on behavioral referrals, incident reports and Civility Policy violations at each regular board meeting (in closed session, if recommended by District Counsel) to monitor and ensure implementation of the Student Disciplinary Policy and Civility Policy. (Findings 16, 18-19, 25, 30) 10. make classroom video surveillance available to any teacher who believes that either safety or their personal credibility could be at risk. (Finding 29) 11. direct the District administrator to post the Williams complaint procedure in all classrooms. (Finding 39) 12. direct the District administrator to engage faculty in providing input to curriculum decisions in a timely manner and ensure that the adopted books and materials are available to all students as required by the Williams Settlement. (Finding 39) The Grand Jury also recommends that: 13. the Mendocino County Sheriff’s Office require that deputies assigned to the North County familiarize themselves with the Leggett Valley Unified School District Civility Policy and that they respond promptly to calls and arrest all violators of the Education and Penal Code Sections included in the District Civility Policy. (Findings 20, 30-34) 14. the Mendocino County District Attorney’s Office prosecute all violations of the Leggett Valley Unified School District Civility Policy to the full extent of the law. (Findings 30-34) 15. the County Superintendent of Education exercise his authority and monitor and support progress by the LVUSD school board and new administrators to establish uniform behavioral expectations and restore civility to the school community. (Findings 8, 13, 16-19, 25-39)

Recomendaciones relacionadas (1)

F22: Family loyalties were cited by some as contributing to the current unrest. Some of those interviewed alluded to a strong social norm against ever involving law enforcement.

Recomendaciones relacionadas (1)

F23: Families of some of the victims of bullying and/or sexual harassment have left the district.

F24: Other adults related to both the victims and the accused aggressors have remained in the District. Several of these have disrupted the school campus in violation of the district’s Civility Code and relevant sections of the California State Education and Penal Codes which prohibit any person from willfully disturbing any public school or any public school meeting.2 Adult incident reports include: • February 26, 2008: a school coach was confronted on the steps of the LVUSD gym and his life was threatened in retaliation for sexually inappropriate text messages that he and a student had exchanged. The coach was subsequently physically attacked on his way home. • February 27, 2008: one parent approached and verbally attacked another parent near the school cafeteria. The administrator asked both parents to leave campus. The Sheriff was called by the parent who was attacked. • March 3, 2008: four parents verbally attacked a teacher and were involved in a shouting match in the school parking lot. Only one parent was asked to leave and she returned to campus the same afternoon. The teacher reported this incident to law enforcement the following day. • October 17, 2008: a parent addressed the school secretary, using rude and profane language claiming that her son was being unfairly “singled out” for disciplinary action after he had taken part in an incident on a school van the day before. He and two other male students had pulled down their pants and underwear and rubbed their bare buttocks in the faces of two classmates 1 LVUSD and other North County Districts refer truant students to the Willits SARB. The Leggett Valley Unified School District Civility Code and relevant Penal Code and Education Code are available by accessing this 2008-09 report on the Grand Jury website at www.co.mendocino/grandjury while returning from an athletic event. The three aggressors were given 5-day suspensions by the investigating staff member but this was reduced to three- days by the administrator. • October 31, 2008: a parent entered a classroom and, in front of the students, verbally threatened a teacher. The administrator reported the incident to law enforcement by phone but no disciplinary action was taken. • November 21, 2008: a parent demanded entry to a classroom and verbally accosted the teacher in a threatening manner for taking away a student cell phone that was being used improperly in class. No disciplinary action was taken. • February 27, 2009: seeking to confront a student who had been in an argument with his son, the same parent (as above incident) chased the student across campus and attempted to gain entrance to a locked room in which the student had taken refuge. Neither the administrator nor his designee was on campus. Law enforcement was not called. The administrator stated that he had “admonished the parent.” No further disciplinary action was taken. • March 11, 2009: at a school board meeting attended by the Grand Jury, there was a disruptive outburst during the public comment session. One parent was pushing and swearing at another at the school entry and in the parking lot. Neither the administrator nor the board acted to stop the altercation. Law enforcement records indicate that the administrator reported the event the following morning. No disciplinary action was taken.

Recomendaciones relacionadas (6)

R5: direct the District administrator to hold regular lock down drills. (Finding 25, 38)

R38: 6. establish a closed campus during school hours and require a signed pass for any parent or other visitor seeking to access areas other than the school office when classes are in session. Include this requirement in the Civility Policy and enforce any and all violations. (Findings 25, 36-38) 7. direct the District administrator to post all campus entrances prohibiting unauthorized access and stating consequences pursuant to Education Code § 32211(e) and § 44810 and Penal Code § 626.8 and § 627.7. (Findings 25, 30, 36-37) 8. direct the District administrator to promptly report to the Sheriff any and all violations of relevant sections of the Education and Penal Codes as referenced in the LVUSD Civility Policy and fully support the Sheriff and District Attorney in enforcing these laws. (Findings 20, 25, 30-35) 9. direct the District administrator to report on behavioral referrals, incident reports and Civility Policy violations at each regular board meeting (in closed session, if recommended by District Counsel) to monitor and ensure implementation of the Student Disciplinary Policy and Civility Policy. (Findings 16, 18-19, 25, 30) 10. make classroom video surveillance available to any teacher who believes that either safety or their personal credibility could be at risk. (Finding 29) 11. direct the District administrator to post the Williams complaint procedure in all classrooms. (Finding 39) 12. direct the District administrator to engage faculty in providing input to curriculum decisions in a timely manner and ensure that the adopted books and materials are available to all students as required by the Williams Settlement. (Finding 39) The Grand Jury also recommends that: 13. the Mendocino County Sheriff’s Office require that deputies assigned to the North County familiarize themselves with the Leggett Valley Unified School District Civility Policy and that they respond promptly to calls and arrest all violators of the Education and Penal Code Sections included in the District Civility Policy. (Findings 20, 30-34) 14. the Mendocino County District Attorney’s Office prosecute all violations of the Leggett Valley Unified School District Civility Policy to the full extent of the law. (Findings 30-34) 15. the County Superintendent of Education exercise his authority and monitor and support progress by the LVUSD school board and new administrators to establish uniform behavioral expectations and restore civility to the school community. (Findings 8, 13, 16-19, 25-39)

Recomendaciones relacionadas (3)

R38: 6. establish a closed campus during school hours and require a signed pass for any parent or other visitor seeking to access areas other than the school office when classes are in session. Include this requirement in the Civility Policy and enforce any and all violations. (Findings 25, 36-38) 7. direct the District administrator to post all campus entrances prohibiting unauthorized access and stating consequences pursuant to Education Code § 32211(e) and § 44810 and Penal Code § 626.8 and § 627.7. (Findings 25, 30, 36-37) 8. direct the District administrator to promptly report to the Sheriff any and all violations of relevant sections of the Education and Penal Codes as referenced in the LVUSD Civility Policy and fully support the Sheriff and District Attorney in enforcing these laws. (Findings 20, 25, 30-35) 9. direct the District administrator to report on behavioral referrals, incident reports and Civility Policy violations at each regular board meeting (in closed session, if recommended by District Counsel) to monitor and ensure implementation of the Student Disciplinary Policy and Civility Policy. (Findings 16, 18-19, 25, 30) 10. make classroom video surveillance available to any teacher who believes that either safety or their personal credibility could be at risk. (Finding 29) 11. direct the District administrator to post the Williams complaint procedure in all classrooms. (Finding 39) 12. direct the District administrator to engage faculty in providing input to curriculum decisions in a timely manner and ensure that the adopted books and materials are available to all students as required by the Williams Settlement. (Finding 39) The Grand Jury also recommends that: 13. the Mendocino County Sheriff’s Office require that deputies assigned to the North County familiarize themselves with the Leggett Valley Unified School District Civility Policy and that they respond promptly to calls and arrest all violators of the Education and Penal Code Sections included in the District Civility Policy. (Findings 20, 30-34) 14. the Mendocino County District Attorney’s Office prosecute all violations of the Leggett Valley Unified School District Civility Policy to the full extent of the law. (Findings 30-34) 15. the County Superintendent of Education exercise his authority and monitor and support progress by the LVUSD school board and new administrators to establish uniform behavioral expectations and restore civility to the school community. (Findings 8, 13, 16-19, 25-39)

Recomendaciones relacionadas (3)

R38: 6. establish a closed campus during school hours and require a signed pass for any parent or other visitor seeking to access areas other than the school office when classes are in session. Include this requirement in the Civility Policy and enforce any and all violations. (Findings 25, 36-38) 7. direct the District administrator to post all campus entrances prohibiting unauthorized access and stating consequences pursuant to Education Code § 32211(e) and § 44810 and Penal Code § 626.8 and § 627.7. (Findings 25, 30, 36-37) 8. direct the District administrator to promptly report to the Sheriff any and all violations of relevant sections of the Education and Penal Codes as referenced in the LVUSD Civility Policy and fully support the Sheriff and District Attorney in enforcing these laws. (Findings 20, 25, 30-35) 9. direct the District administrator to report on behavioral referrals, incident reports and Civility Policy violations at each regular board meeting (in closed session, if recommended by District Counsel) to monitor and ensure implementation of the Student Disciplinary Policy and Civility Policy. (Findings 16, 18-19, 25, 30) 10. make classroom video surveillance available to any teacher who believes that either safety or their personal credibility could be at risk. (Finding 29) 11. direct the District administrator to post the Williams complaint procedure in all classrooms. (Finding 39) 12. direct the District administrator to engage faculty in providing input to curriculum decisions in a timely manner and ensure that the adopted books and materials are available to all students as required by the Williams Settlement. (Finding 39) The Grand Jury also recommends that: 13. the Mendocino County Sheriff’s Office require that deputies assigned to the North County familiarize themselves with the Leggett Valley Unified School District Civility Policy and that they respond promptly to calls and arrest all violators of the Education and Penal Code Sections included in the District Civility Policy. (Findings 20, 30-34) 14. the Mendocino County District Attorney’s Office prosecute all violations of the Leggett Valley Unified School District Civility Policy to the full extent of the law. (Findings 30-34) 15. the County Superintendent of Education exercise his authority and monitor and support progress by the LVUSD school board and new administrators to establish uniform behavioral expectations and restore civility to the school community. (Findings 8, 13, 16-19, 25-39)

Recomendaciones relacionadas (3)

R38: 6. establish a closed campus during school hours and require a signed pass for any parent or other visitor seeking to access areas other than the school office when classes are in session. Include this requirement in the Civility Policy and enforce any and all violations. (Findings 25, 36-38) 7. direct the District administrator to post all campus entrances prohibiting unauthorized access and stating consequences pursuant to Education Code § 32211(e) and § 44810 and Penal Code § 626.8 and § 627.7. (Findings 25, 30, 36-37) 8. direct the District administrator to promptly report to the Sheriff any and all violations of relevant sections of the Education and Penal Codes as referenced in the LVUSD Civility Policy and fully support the Sheriff and District Attorney in enforcing these laws. (Findings 20, 25, 30-35) 9. direct the District administrator to report on behavioral referrals, incident reports and Civility Policy violations at each regular board meeting (in closed session, if recommended by District Counsel) to monitor and ensure implementation of the Student Disciplinary Policy and Civility Policy. (Findings 16, 18-19, 25, 30) 10. make classroom video surveillance available to any teacher who believes that either safety or their personal credibility could be at risk. (Finding 29) 11. direct the District administrator to post the Williams complaint procedure in all classrooms. (Finding 39) 12. direct the District administrator to engage faculty in providing input to curriculum decisions in a timely manner and ensure that the adopted books and materials are available to all students as required by the Williams Settlement. (Finding 39) The Grand Jury also recommends that: 13. the Mendocino County Sheriff’s Office require that deputies assigned to the North County familiarize themselves with the Leggett Valley Unified School District Civility Policy and that they respond promptly to calls and arrest all violators of the Education and Penal Code Sections included in the District Civility Policy. (Findings 20, 30-34) 14. the Mendocino County District Attorney’s Office prosecute all violations of the Leggett Valley Unified School District Civility Policy to the full extent of the law. (Findings 30-34) 15. the County Superintendent of Education exercise his authority and monitor and support progress by the LVUSD school board and new administrators to establish uniform behavioral expectations and restore civility to the school community. (Findings 8, 13, 16-19, 25-39)

Recomendaciones relacionadas (4)

R10: make classroom video surveillance available to any teacher who believes that either safety or their personal credibility could be at risk. (Finding 29)

R38: 6. establish a closed campus during school hours and require a signed pass for any parent or other visitor seeking to access areas other than the school office when classes are in session. Include this requirement in the Civility Policy and enforce any and all violations. (Findings 25, 36-38) 7. direct the District administrator to post all campus entrances prohibiting unauthorized access and stating consequences pursuant to Education Code § 32211(e) and § 44810 and Penal Code § 626.8 and § 627.7. (Findings 25, 30, 36-37) 8. direct the District administrator to promptly report to the Sheriff any and all violations of relevant sections of the Education and Penal Codes as referenced in the LVUSD Civility Policy and fully support the Sheriff and District Attorney in enforcing these laws. (Findings 20, 25, 30-35) 9. direct the District administrator to report on behavioral referrals, incident reports and Civility Policy violations at each regular board meeting (in closed session, if recommended by District Counsel) to monitor and ensure implementation of the Student Disciplinary Policy and Civility Policy. (Findings 16, 18-19, 25, 30) 10. make classroom video surveillance available to any teacher who believes that either safety or their personal credibility could be at risk. (Finding 29) 11. direct the District administrator to post the Williams complaint procedure in all classrooms. (Finding 39) 12. direct the District administrator to engage faculty in providing input to curriculum decisions in a timely manner and ensure that the adopted books and materials are available to all students as required by the Williams Settlement. (Finding 39) The Grand Jury also recommends that: 13. the Mendocino County Sheriff’s Office require that deputies assigned to the North County familiarize themselves with the Leggett Valley Unified School District Civility Policy and that they respond promptly to calls and arrest all violators of the Education and Penal Code Sections included in the District Civility Policy. (Findings 20, 30-34) 14. the Mendocino County District Attorney’s Office prosecute all violations of the Leggett Valley Unified School District Civility Policy to the full extent of the law. (Findings 30-34) 15. the County Superintendent of Education exercise his authority and monitor and support progress by the LVUSD school board and new administrators to establish uniform behavioral expectations and restore civility to the school community. (Findings 8, 13, 16-19, 25-39)

Recomendaciones relacionadas (5)

R14: the Mendocino County District Attorney’s Office prosecute all violations of the Leggett Valley Unified School District Civility Policy to the full extent of the law. (Findings 30-34)

R38: 6. establish a closed campus during school hours and require a signed pass for any parent or other visitor seeking to access areas other than the school office when classes are in session. Include this requirement in the Civility Policy and enforce any and all violations. (Findings 25, 36-38) 7. direct the District administrator to post all campus entrances prohibiting unauthorized access and stating consequences pursuant to Education Code § 32211(e) and § 44810 and Penal Code § 626.8 and § 627.7. (Findings 25, 30, 36-37) 8. direct the District administrator to promptly report to the Sheriff any and all violations of relevant sections of the Education and Penal Codes as referenced in the LVUSD Civility Policy and fully support the Sheriff and District Attorney in enforcing these laws. (Findings 20, 25, 30-35) 9. direct the District administrator to report on behavioral referrals, incident reports and Civility Policy violations at each regular board meeting (in closed session, if recommended by District Counsel) to monitor and ensure implementation of the Student Disciplinary Policy and Civility Policy. (Findings 16, 18-19, 25, 30) 10. make classroom video surveillance available to any teacher who believes that either safety or their personal credibility could be at risk. (Finding 29) 11. direct the District administrator to post the Williams complaint procedure in all classrooms. (Finding 39) 12. direct the District administrator to engage faculty in providing input to curriculum decisions in a timely manner and ensure that the adopted books and materials are available to all students as required by the Williams Settlement. (Finding 39) The Grand Jury also recommends that: 13. the Mendocino County Sheriff’s Office require that deputies assigned to the North County familiarize themselves with the Leggett Valley Unified School District Civility Policy and that they respond promptly to calls and arrest all violators of the Education and Penal Code Sections included in the District Civility Policy. (Findings 20, 30-34) 14. the Mendocino County District Attorney’s Office prosecute all violations of the Leggett Valley Unified School District Civility Policy to the full extent of the law. (Findings 30-34) 15. the County Superintendent of Education exercise his authority and monitor and support progress by the LVUSD school board and new administrators to establish uniform behavioral expectations and restore civility to the school community. (Findings 8, 13, 16-19, 25-39)

Recomendaciones relacionadas (5)

R14: the Mendocino County District Attorney’s Office prosecute all violations of the Leggett Valley Unified School District Civility Policy to the full extent of the law. (Findings 30-34)

R38: 6. establish a closed campus during school hours and require a signed pass for any parent or other visitor seeking to access areas other than the school office when classes are in session. Include this requirement in the Civility Policy and enforce any and all violations. (Findings 25, 36-38) 7. direct the District administrator to post all campus entrances prohibiting unauthorized access and stating consequences pursuant to Education Code § 32211(e) and § 44810 and Penal Code § 626.8 and § 627.7. (Findings 25, 30, 36-37) 8. direct the District administrator to promptly report to the Sheriff any and all violations of relevant sections of the Education and Penal Codes as referenced in the LVUSD Civility Policy and fully support the Sheriff and District Attorney in enforcing these laws. (Findings 20, 25, 30-35) 9. direct the District administrator to report on behavioral referrals, incident reports and Civility Policy violations at each regular board meeting (in closed session, if recommended by District Counsel) to monitor and ensure implementation of the Student Disciplinary Policy and Civility Policy. (Findings 16, 18-19, 25, 30) 10. make classroom video surveillance available to any teacher who believes that either safety or their personal credibility could be at risk. (Finding 29) 11. direct the District administrator to post the Williams complaint procedure in all classrooms. (Finding 39) 12. direct the District administrator to engage faculty in providing input to curriculum decisions in a timely manner and ensure that the adopted books and materials are available to all students as required by the Williams Settlement. (Finding 39) The Grand Jury also recommends that: 13. the Mendocino County Sheriff’s Office require that deputies assigned to the North County familiarize themselves with the Leggett Valley Unified School District Civility Policy and that they respond promptly to calls and arrest all violators of the Education and Penal Code Sections included in the District Civility Policy. (Findings 20, 30-34) 14. the Mendocino County District Attorney’s Office prosecute all violations of the Leggett Valley Unified School District Civility Policy to the full extent of the law. (Findings 30-34) 15. the County Superintendent of Education exercise his authority and monitor and support progress by the LVUSD school board and new administrators to establish uniform behavioral expectations and restore civility to the school community. (Findings 8, 13, 16-19, 25-39)

Recomendaciones relacionadas (5)

R14: the Mendocino County District Attorney’s Office prosecute all violations of the Leggett Valley Unified School District Civility Policy to the full extent of the law. (Findings 30-34)

R38: 6. establish a closed campus during school hours and require a signed pass for any parent or other visitor seeking to access areas other than the school office when classes are in session. Include this requirement in the Civility Policy and enforce any and all violations. (Findings 25, 36-38) 7. direct the District administrator to post all campus entrances prohibiting unauthorized access and stating consequences pursuant to Education Code § 32211(e) and § 44810 and Penal Code § 626.8 and § 627.7. (Findings 25, 30, 36-37) 8. direct the District administrator to promptly report to the Sheriff any and all violations of relevant sections of the Education and Penal Codes as referenced in the LVUSD Civility Policy and fully support the Sheriff and District Attorney in enforcing these laws. (Findings 20, 25, 30-35) 9. direct the District administrator to report on behavioral referrals, incident reports and Civility Policy violations at each regular board meeting (in closed session, if recommended by District Counsel) to monitor and ensure implementation of the Student Disciplinary Policy and Civility Policy. (Findings 16, 18-19, 25, 30) 10. make classroom video surveillance available to any teacher who believes that either safety or their personal credibility could be at risk. (Finding 29) 11. direct the District administrator to post the Williams complaint procedure in all classrooms. (Finding 39) 12. direct the District administrator to engage faculty in providing input to curriculum decisions in a timely manner and ensure that the adopted books and materials are available to all students as required by the Williams Settlement. (Finding 39) The Grand Jury also recommends that: 13. the Mendocino County Sheriff’s Office require that deputies assigned to the North County familiarize themselves with the Leggett Valley Unified School District Civility Policy and that they respond promptly to calls and arrest all violators of the Education and Penal Code Sections included in the District Civility Policy. (Findings 20, 30-34) 14. the Mendocino County District Attorney’s Office prosecute all violations of the Leggett Valley Unified School District Civility Policy to the full extent of the law. (Findings 30-34) 15. the County Superintendent of Education exercise his authority and monitor and support progress by the LVUSD school board and new administrators to establish uniform behavioral expectations and restore civility to the school community. (Findings 8, 13, 16-19, 25-39)

Recomendaciones relacionadas (5)

R14: the Mendocino County District Attorney’s Office prosecute all violations of the Leggett Valley Unified School District Civility Policy to the full extent of the law. (Findings 30-34)

R38: 6. establish a closed campus during school hours and require a signed pass for any parent or other visitor seeking to access areas other than the school office when classes are in session. Include this requirement in the Civility Policy and enforce any and all violations. (Findings 25, 36-38) 7. direct the District administrator to post all campus entrances prohibiting unauthorized access and stating consequences pursuant to Education Code § 32211(e) and § 44810 and Penal Code § 626.8 and § 627.7. (Findings 25, 30, 36-37) 8. direct the District administrator to promptly report to the Sheriff any and all violations of relevant sections of the Education and Penal Codes as referenced in the LVUSD Civility Policy and fully support the Sheriff and District Attorney in enforcing these laws. (Findings 20, 25, 30-35) 9. direct the District administrator to report on behavioral referrals, incident reports and Civility Policy violations at each regular board meeting (in closed session, if recommended by District Counsel) to monitor and ensure implementation of the Student Disciplinary Policy and Civility Policy. (Findings 16, 18-19, 25, 30) 10. make classroom video surveillance available to any teacher who believes that either safety or their personal credibility could be at risk. (Finding 29) 11. direct the District administrator to post the Williams complaint procedure in all classrooms. (Finding 39) 12. direct the District administrator to engage faculty in providing input to curriculum decisions in a timely manner and ensure that the adopted books and materials are available to all students as required by the Williams Settlement. (Finding 39) The Grand Jury also recommends that: 13. the Mendocino County Sheriff’s Office require that deputies assigned to the North County familiarize themselves with the Leggett Valley Unified School District Civility Policy and that they respond promptly to calls and arrest all violators of the Education and Penal Code Sections included in the District Civility Policy. (Findings 20, 30-34) 14. the Mendocino County District Attorney’s Office prosecute all violations of the Leggett Valley Unified School District Civility Policy to the full extent of the law. (Findings 30-34) 15. the County Superintendent of Education exercise his authority and monitor and support progress by the LVUSD school board and new administrators to establish uniform behavioral expectations and restore civility to the school community. (Findings 8, 13, 16-19, 25-39)

Recomendaciones relacionadas (5)

R14: the Mendocino County District Attorney’s Office prosecute all violations of the Leggett Valley Unified School District Civility Policy to the full extent of the law. (Findings 30-34)

R38: 6. establish a closed campus during school hours and require a signed pass for any parent or other visitor seeking to access areas other than the school office when classes are in session. Include this requirement in the Civility Policy and enforce any and all violations. (Findings 25, 36-38) 7. direct the District administrator to post all campus entrances prohibiting unauthorized access and stating consequences pursuant to Education Code § 32211(e) and § 44810 and Penal Code § 626.8 and § 627.7. (Findings 25, 30, 36-37) 8. direct the District administrator to promptly report to the Sheriff any and all violations of relevant sections of the Education and Penal Codes as referenced in the LVUSD Civility Policy and fully support the Sheriff and District Attorney in enforcing these laws. (Findings 20, 25, 30-35) 9. direct the District administrator to report on behavioral referrals, incident reports and Civility Policy violations at each regular board meeting (in closed session, if recommended by District Counsel) to monitor and ensure implementation of the Student Disciplinary Policy and Civility Policy. (Findings 16, 18-19, 25, 30) 10. make classroom video surveillance available to any teacher who believes that either safety or their personal credibility could be at risk. (Finding 29) 11. direct the District administrator to post the Williams complaint procedure in all classrooms. (Finding 39) 12. direct the District administrator to engage faculty in providing input to curriculum decisions in a timely manner and ensure that the adopted books and materials are available to all students as required by the Williams Settlement. (Finding 39) The Grand Jury also recommends that: 13. the Mendocino County Sheriff’s Office require that deputies assigned to the North County familiarize themselves with the Leggett Valley Unified School District Civility Policy and that they respond promptly to calls and arrest all violators of the Education and Penal Code Sections included in the District Civility Policy. (Findings 20, 30-34) 14. the Mendocino County District Attorney’s Office prosecute all violations of the Leggett Valley Unified School District Civility Policy to the full extent of the law. (Findings 30-34) 15. the County Superintendent of Education exercise his authority and monitor and support progress by the LVUSD school board and new administrators to establish uniform behavioral expectations and restore civility to the school community. (Findings 8, 13, 16-19, 25-39)

Recomendaciones relacionadas (3)

R38: 6. establish a closed campus during school hours and require a signed pass for any parent or other visitor seeking to access areas other than the school office when classes are in session. Include this requirement in the Civility Policy and enforce any and all violations. (Findings 25, 36-38) 7. direct the District administrator to post all campus entrances prohibiting unauthorized access and stating consequences pursuant to Education Code § 32211(e) and § 44810 and Penal Code § 626.8 and § 627.7. (Findings 25, 30, 36-37) 8. direct the District administrator to promptly report to the Sheriff any and all violations of relevant sections of the Education and Penal Codes as referenced in the LVUSD Civility Policy and fully support the Sheriff and District Attorney in enforcing these laws. (Findings 20, 25, 30-35) 9. direct the District administrator to report on behavioral referrals, incident reports and Civility Policy violations at each regular board meeting (in closed session, if recommended by District Counsel) to monitor and ensure implementation of the Student Disciplinary Policy and Civility Policy. (Findings 16, 18-19, 25, 30) 10. make classroom video surveillance available to any teacher who believes that either safety or their personal credibility could be at risk. (Finding 29) 11. direct the District administrator to post the Williams complaint procedure in all classrooms. (Finding 39) 12. direct the District administrator to engage faculty in providing input to curriculum decisions in a timely manner and ensure that the adopted books and materials are available to all students as required by the Williams Settlement. (Finding 39) The Grand Jury also recommends that: 13. the Mendocino County Sheriff’s Office require that deputies assigned to the North County familiarize themselves with the Leggett Valley Unified School District Civility Policy and that they respond promptly to calls and arrest all violators of the Education and Penal Code Sections included in the District Civility Policy. (Findings 20, 30-34) 14. the Mendocino County District Attorney’s Office prosecute all violations of the Leggett Valley Unified School District Civility Policy to the full extent of the law. (Findings 30-34) 15. the County Superintendent of Education exercise his authority and monitor and support progress by the LVUSD school board and new administrators to establish uniform behavioral expectations and restore civility to the school community. (Findings 8, 13, 16-19, 25-39)

F36: Unlike other public school campuses, the Grand Jury saw no posting of school hours and no signs directing visitors to check in at the school office.

Recomendaciones relacionadas (4)

R38: 6. establish a closed campus during school hours and require a signed pass for any parent or other visitor seeking to access areas other than the school office when classes are in session. Include this requirement in the Civility Policy and enforce any and all violations. (Findings 25, 36-38) 7. direct the District administrator to post all campus entrances prohibiting unauthorized access and stating consequences pursuant to Education Code § 32211(e) and § 44810 and Penal Code § 626.8 and § 627.7. (Findings 25, 30, 36-37) 8. direct the District administrator to promptly report to the Sheriff any and all violations of relevant sections of the Education and Penal Codes as referenced in the LVUSD Civility Policy and fully support the Sheriff and District Attorney in enforcing these laws. (Findings 20, 25, 30-35) 9. direct the District administrator to report on behavioral referrals, incident reports and Civility Policy violations at each regular board meeting (in closed session, if recommended by District Counsel) to monitor and ensure implementation of the Student Disciplinary Policy and Civility Policy. (Findings 16, 18-19, 25, 30) 10. make classroom video surveillance available to any teacher who believes that either safety or their personal credibility could be at risk. (Finding 29) 11. direct the District administrator to post the Williams complaint procedure in all classrooms. (Finding 39) 12. direct the District administrator to engage faculty in providing input to curriculum decisions in a timely manner and ensure that the adopted books and materials are available to all students as required by the Williams Settlement. (Finding 39) The Grand Jury also recommends that: 13. the Mendocino County Sheriff’s Office require that deputies assigned to the North County familiarize themselves with the Leggett Valley Unified School District Civility Policy and that they respond promptly to calls and arrest all violators of the Education and Penal Code Sections included in the District Civility Policy. (Findings 20, 30-34) 14. the Mendocino County District Attorney’s Office prosecute all violations of the Leggett Valley Unified School District Civility Policy to the full extent of the law. (Findings 30-34) 15. the County Superintendent of Education exercise his authority and monitor and support progress by the LVUSD school board and new administrators to establish uniform behavioral expectations and restore civility to the school community. (Findings 8, 13, 16-19, 25-39)

F37: Despite repeated adult disruptions, the District does not regularly hold lock down drills.

Recomendaciones relacionadas (4)

R38: 6. establish a closed campus during school hours and require a signed pass for any parent or other visitor seeking to access areas other than the school office when classes are in session. Include this requirement in the Civility Policy and enforce any and all violations. (Findings 25, 36-38) 7. direct the District administrator to post all campus entrances prohibiting unauthorized access and stating consequences pursuant to Education Code § 32211(e) and § 44810 and Penal Code § 626.8 and § 627.7. (Findings 25, 30, 36-37) 8. direct the District administrator to promptly report to the Sheriff any and all violations of relevant sections of the Education and Penal Codes as referenced in the LVUSD Civility Policy and fully support the Sheriff and District Attorney in enforcing these laws. (Findings 20, 25, 30-35) 9. direct the District administrator to report on behavioral referrals, incident reports and Civility Policy violations at each regular board meeting (in closed session, if recommended by District Counsel) to monitor and ensure implementation of the Student Disciplinary Policy and Civility Policy. (Findings 16, 18-19, 25, 30) 10. make classroom video surveillance available to any teacher who believes that either safety or their personal credibility could be at risk. (Finding 29) 11. direct the District administrator to post the Williams complaint procedure in all classrooms. (Finding 39) 12. direct the District administrator to engage faculty in providing input to curriculum decisions in a timely manner and ensure that the adopted books and materials are available to all students as required by the Williams Settlement. (Finding 39) The Grand Jury also recommends that: 13. the Mendocino County Sheriff’s Office require that deputies assigned to the North County familiarize themselves with the Leggett Valley Unified School District Civility Policy and that they respond promptly to calls and arrest all violators of the Education and Penal Code Sections included in the District Civility Policy. (Findings 20, 30-34) 14. the Mendocino County District Attorney’s Office prosecute all violations of the Leggett Valley Unified School District Civility Policy to the full extent of the law. (Findings 30-34) 15. the County Superintendent of Education exercise his authority and monitor and support progress by the LVUSD school board and new administrators to establish uniform behavioral expectations and restore civility to the school community. (Findings 8, 13, 16-19, 25-39)

Recomendaciones relacionadas (3)

R38: 6. establish a closed campus during school hours and require a signed pass for any parent or other visitor seeking to access areas other than the school office when classes are in session. Include this requirement in the Civility Policy and enforce any and all violations. (Findings 25, 36-38) 7. direct the District administrator to post all campus entrances prohibiting unauthorized access and stating consequences pursuant to Education Code § 32211(e) and § 44810 and Penal Code § 626.8 and § 627.7. (Findings 25, 30, 36-37) 8. direct the District administrator to promptly report to the Sheriff any and all violations of relevant sections of the Education and Penal Codes as referenced in the LVUSD Civility Policy and fully support the Sheriff and District Attorney in enforcing these laws. (Findings 20, 25, 30-35) 9. direct the District administrator to report on behavioral referrals, incident reports and Civility Policy violations at each regular board meeting (in closed session, if recommended by District Counsel) to monitor and ensure implementation of the Student Disciplinary Policy and Civility Policy. (Findings 16, 18-19, 25, 30) 10. make classroom video surveillance available to any teacher who believes that either safety or their personal credibility could be at risk. (Finding 29) 11. direct the District administrator to post the Williams complaint procedure in all classrooms. (Finding 39) 12. direct the District administrator to engage faculty in providing input to curriculum decisions in a timely manner and ensure that the adopted books and materials are available to all students as required by the Williams Settlement. (Finding 39) The Grand Jury also recommends that: 13. the Mendocino County Sheriff’s Office require that deputies assigned to the North County familiarize themselves with the Leggett Valley Unified School District Civility Policy and that they respond promptly to calls and arrest all violators of the Education and Penal Code Sections included in the District Civility Policy. (Findings 20, 30-34) 14. the Mendocino County District Attorney’s Office prosecute all violations of the Leggett Valley Unified School District Civility Policy to the full extent of the law. (Findings 30-34) 15. the County Superintendent of Education exercise his authority and monitor and support progress by the LVUSD school board and new administrators to establish uniform behavioral expectations and restore civility to the school community. (Findings 8, 13, 16-19, 25-39)

May 21, 2009 — Editorial Serving The Mendocino Coast Since 1889 Sharon DiMauro, Publisher a new day dawning Katherine Lee, Editor*

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Hallazgos y recomendaciones aún no extraídos.

May 21, 2009 — Time for Change:

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Hallazgos & Recomendaciones 49 hallazgos

F1: On July 6, 1954, the Board of Supervisors created the Ukiah Valley Sanitation District. The District was to be governed by two Mendocino County Supervisors and one Ukiah City Council Member, all appointed by their respective governing bodies.

F2: Negotiations between the City and the District resulted in an agreement to allow the City treatment plant to be used by the District. The agreement called for the City to construct the treatment facility and the District to pay for costs to install the necessary north-south pipelines (trunk sewer) to transport the waste to the plant. The work on both projects was completed in 1959.

F3: A District bond issue was passed to pay for sewer lines into some of the formerly unserved areas. Some areas within the District, such as Fireside Village, chose to opt out of being included in the sewer service area.

F4: The District chose not to set up its own operations for such tasks as maintenance, billing and collections but rather negotiated with the City to provide the following services: • Treating wastewater generated within the District at the City-owned wastewater treatment facility • Operation and maintenance of its sewer collection system in accordance with District ordinances, policies, procedures and industry standards • Meeting all required Federal and State regulations • Performing minor engineering and construction projects within the District • Billing and collection of monthly user fees • Receiving fees and charges and for making inspections of new connections • Maintaining financial records and performing transactions relative to certain District revenue and expenditure accounts

Recomendaciones relacionadas (4)

R47: 12. the City and District notify and keep each other fully informed of all activities that might directly or indirectly impact the other such as planning for boundary changes, annexation of new areas, proposed subdivisions, collection system extensions, new connections, major maintenance projects, “will serve” commitments, permits for pre-treatment facilities, or any legal or financial issues. (Findings 38, 43) 13. the City and District adopt similar, if not identical policies, procedures, standards for construction, user rates, and miscellaneous fees and charges wherever possible. (Findings 5-6, 19) 14. the City, while exercising its obligations of the Participation Agreement and amendments thereto retain sole authority, discretion and responsibility for selection and employment of administrative, operating and maintenance personnel for the unified City/District system along with the right to establish appropriate pay schedules. (Finding 5) 15. the District, apart from its contractual relationship with the City under existing Agreements, retain its identity, and continue exercising power and discretion as an independent special district. (Findings 37, 43) 16. the City employ only appropriately certified operating and maintenance personnel including those in direct supervisory or administrative positions in the sewer division of the City’s Public Works Department. (Findings 5, 7) 17. the City and District hold joint planning and budget review sessions on a quarterly basis as a minimum and more often as needed. (Findings 28, 29, 34, 38-40) 18. the District continue to hold regular monthly meeting dates and special meetings as needed. (Finding 28) 19. the City and District re-visit the Participation Agreement and subsequent amendments, review their respective needs for efficient, cost-effective and transparent operations and make revisions, as required, to ensure transparency and a unified approach for providing sewer service. (Findings 4-5, 49)

F5: On July 19, 1995, the City of Ukiah and the District entered into a new Participation Agreement for the operation of joint sewer facilities. The agreement was modified three times: March 24, 1999, December 15, 2004, and March 2, 2006. The following are key elements of the Agreement, as modified: a. The City shall operate, maintain and repair the District’s collection system, in accordance with the District rules, regulations and ordinances. b. The City and District are prohibited from contracting for sewage treatment outside the District boundaries without the consent of both parties. c. New connections may only be made at points that are mutually agreeable to the City and District. d. Costs of treatment shall be apportioned annually based on the ratio, as of each March 31, of the number of equivalent sewer service units (ESSUs) of each jurisdiction. An ESSU is a unit calculated as discharge from a typical single family residential unit. e. The City shall be the paying and receiving agent for all District and City maintenance and operation funds. f. The City shall comply with specified insurance requirements. g. The City shall maintain complete records and accounts related to costs and expenditures and all sewer revenues collected. h. The City shall retain title, management responsibility and control of the sewer treatment plant including additions or changes. City personnel shall maintain, operate and control the treatment plant and also service and maintain all trunk and collection lines. i. The District shall establish ordinances, resolutions, rules and regulations for administration of the District’s system. j. The District shall set connection, service, permit and inspection fees and capacity charges. Fees shall be sufficient to reimburse the City in amounts calculated by the City. k. The original Agreement specifies a 30-year term, to July 2025, with an option for either partner to cancel upon 5 years advance written notice. However, the financing agreement includes an extension to 2036, the final maturity of the Association of Bay Area Governments (ABAG) bonds. It precludes cancellation or termination of the Agreement unless the District enters into a substantially identical agreement with ABAG or prepays all future allocated debt service to the City. l. The total annual debt service due from the City and District on the revenue bonds for expansion and upgrading of the plant averages $4.9 million through

Recomendaciones relacionadas (9)

R4: the City Council and District Board base final determination of future plant expansion on a detailed financial study that addresses the potential economic impacts on current and future users, strategies for dealing with changing economic conditions, and the ability of City and District ratepayers to meet current and future indebtedness. (Findings 5-6, 40, 47)

R10: the City develop accounting procedures to accurately allocate costs, including the full cost of equipment used for maintenance of City water, City sewer, District sewer, and for use by other City Departments in a manner that will permit monthly expense reports for each entity. (Findings 5, 37)

R13: the City and District adopt similar, if not identical policies, procedures, standards for construction, user rates, and miscellaneous fees and charges wherever possible. (Findings 5-6, 19)

F6: The Agreement clearly calls for the City and the District sewer systems to be operated and maintained as a single enterprise system with operating costs apportioned to the City and the District based on the ratio of City/District ESSUs.

Recomendaciones relacionadas (3)

R13: the City and District adopt similar, if not identical policies, procedures, standards for construction, user rates, and miscellaneous fees and charges wherever possible. (Findings 5-6, 19)

F7: The City must constantly be in a planning mode in order to meet current and anticipated state and federal regulations and to secure the required five-year renewals of their National Pollutant Discharge Elimination System (NPDES) permit.

Recomendaciones relacionadas (1)

R1: the City Council and District Board hold joint briefings at the earliest stages of planning and discussion for National Pollutant Discharge Elimination System (NPDES) permit renewal and/or consideration of plant upgrading or expansion, and that they continue joint briefings throughout any subsequent project. (Findings 7, 10, 14, 28-29, 47)

F8: In the late 1990s the City and District agreed that the plant needed more capacity to accommodate projected development over the next 15 to 20 years. The City and District planned for a reasonable expansion of ESSUs, taking into account the limited ability of the current ratepayers to repay the associated debt.

F9: A preliminary study of the plant was completed by Kennedy /Jenks Engineering Consultants in 2000. The study considered current plant treatment capacity and provided the City and the District with an independent evaluation of future capacity needs and estimated costs.

F10: On May 23, 2001 results of the Kennedy/Jenks study were presented to the District Board. A similar briefing was made to the City Council the previous month. Minutes indicate that both entities recognized the need to proceed with final planning for a plant upgrade and expansion project.

F11: At the July 24, 2002 meeting action was taken to adopt a 50/50 cost sharing between the City and District for engineering expenses associated with the City of Ukiah Wastewater Treatment Plant project.

F12: After a formal request for proposal (RFP) process seeking preliminary design and cost estimates, Brown and Caldwell, Consulting Engineers was selected by the City with District concurrence.

F13: Brown and Caldwell’s estimated costs for the upgrade and expansion substantially exceeded previous estimates presented in the 2000 Kennedy/Jenks report.

F14: In response to concerns about the cost of the plant project, the City and District authorized a “value engineering” study to examine various aspects of Brown and Caldwell’s preliminary design and to make recommendations for appropriate cost-cutting measures that would not affect overall upgrading and expansion goals.

F15: This study delayed the project for six months. During the delay, construction costs increased considerably.

F16: The financial consulting firm, Bartle Wells was hired to provide an initial analysis and recommendation for financing the cost obligations based on the preliminary engineering estimates by Brown and Caldwell. A follow-up analysis was made after the low bid was received.

F17: Bartle Wells recommended that costs for the expanded capacity of the plant be met by adjusting fees and charges on new hookups in the City and District.

F18: Bartle Wells also recommended that the current and future users in the City and District pay for the plant upgrade portion of the project through a series of five rate increases on the monthly sewer service charges.

F19: On November 2, 2005, the District and the City separately adopted identical sewer service fee schedules for the five fiscal years allowing annual adjustments through June 30, 2010. Approval proceedings were conducted in compliance with Proposition 218 (Articles XIIIC and XIIID of the State constitution) calling for public notice and majority protest hearings for service based user fees. This obviated the need for electoral approval of tax increases. The final rate increase is scheduled to be implemented on July 1, 2009 and to remain in effect through June 30, 2010.

F20: The City and District entered into an agreement on March 2, 2006 to secure financing for the plant project and establish the procedure for the District to pay its share of the installment payments.

F21: The City has the primary obligation for repayment of the $75,060,000 in revenue bonds issued by the Association of Bay Area Governments (ABAG) for the project. Upgrades and rehabilitation costs are to be paid on the same basis as operating costs. This basis is the number of ESSUs billed to each entity and annually adjusted according to the ratio of existing ESSUs. Expansion of the capacity is to be paid by the potential additional ESSUs allocated to each entity and the loan interest charges are to be paid by the new hook-ups.

F22: More of the additional hookups were allocated to the District because more growth was projected outside the City limits. This obligated the District to a greater share of the long-term financial obligation.

Recomendaciones relacionadas (1)

R3: the City Council and District Board secure input from Mendocino County, LAFCO and other planning bodies and review all available area-wide planning documents prior to making decisions about future expansion and ESSU determinations. (Findings 22, 48)

F23: Both the City and the District initially approved the Wastewater Treatment Plant upgrading and expansion project and authorization was given to City staff to proceed with a call for construction bids. The Kiewit Pacific Company bid was accepted and the contract was awarded on October 17, 2005.

F24: Completion of the multi-year plant project is anticipated by June 2009, ahead of schedule and under budget.

F25: Former members of the District Board have reported a “lack of communication or transparency” and not consistently receiving timely information from City staff and City administration. This situation is alleged to have occurred mostly leading up to the current plant project and following the implementation of the 1995 Participation Agreement.

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R6: the City Staff provide the City Council and District Board with monthly reports including but not limited to: • revenue and expenditures (Account 612) with comparisons with the budget • summaries of new connections • field maintenance and inspection activities • overflows and/or treatment plant process malfunctions, if any, actions taken and any fines incurred. (Findings 25-27, 30) 3 The report of the Ad Hoc committee is available on the Grand Jury website as a backup document to this report www.co.mendocino.ca.us/grandjury

R7: the City Staff, City Council and the District Board and Manager regularly exchange information, as needed, including: • updates on major projects • inquiries regarding new connections • status of pending projects and/or planning activities in each entity • relevant information such as complaints, inspections by regulatory agencies, etc. during the past month. (Findings 25-28)

F26: In recent years the District has sought increasingly detailed information from the City.

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F27: City staff members have acknowledged past shortfalls in providing information to the District and are considering a new accounting system that might improve responsiveness. Some argue that the City is not sufficiently staffed to provide all the information that the District may desire and that more detailed accounting would not be cost-effective in terms of ratepayer benefits.

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F28: Recorded minutes show that District meetings were held sporadically during the planning and formative phases of the plant project. For example, only three District Board meetings were held in 2000, two of which were related to consideration and adoption of the annual budget.

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R17: the City and District hold joint planning and budget review sessions on a quarterly basis as a minimum and more often as needed. (Findings 28, 29, 34, 38-40)

R18: the District continue to hold regular monthly meeting dates and special meetings as needed. (Finding 28)

F29: Despite a lack of involvement in the planning process, recorded minutes indicate that from mid-2002, the Board did become more vigilant and ultimately concurred with all plant project decisions and participated in public hearings for establishing the new user rates and new connection fees.

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F30: The City maintains accounting records on the basis of a single unified sewer enterprise fund. Financial statements are audited annually by independent certified public accountants as part of the normal audit requirement. The City’s audit reports have been timely and contain “clean audit” opinion letters.

F31: The Participation Agreement requires the City “…to maintain complete records and accounts…” but it does not appear to require the City to differentiate City and District financial information. Until recently, there have not been separate audit reports for the District. This practice has been publicly criticized.

F32: In 2007 an audit firm, other than the City’s, was engaged to examine the District books for the period 2001 through 2005. The auditors reported that because the City did not allocate costs between the District and City, available data were inadequate to support an independent audit report for the District. However, the firm subsequently completed an audit for 2006-07 that was accepted by the District Board and forwarded to the State.

F33: Budgets proposed by the City and approved by the District have regularly included more approved major maintenance projects than were achievable with the available level of funding and staff.

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R5: the City and District maintain a central list of prioritized projects but that they only include in annual budgets items for which funds and staffing have been identified. (Finding 33)

F34: Mutual disrespect and a lack of cooperation have developed between some representatives of the City and the District.

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R2: the City Council and District Board schedule periodic orientation workshops for City Council and District Board Members to ensure that all members understand their shared responsibility for providing sewer service in the Ukiah Valley. (Findings 34-36)

R9: any expense for a purpose specifically benefiting one entity, and not of value to the other, be separately budgeted and funded. (Findings 34, 44, 46)

F35: In May 2008, the District established a part-time District Manager Position.

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F36: In November 2008, the District changed from a dependent to an independent district.1 The composition of the board changed from having three appointed members to having five elected members who reside in the District. The five- member board took office in December 2008. Dependent districts are governed in full by individuals appointed by other existing legislative bodies like a city council or board of supervisors. Independent districts are governed by a board of directors elected directly by the district’s voters or appointed to a fixed term of office by another legislative body such as a board of supervisors.

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F37: As an independent single purpose, enterprise district, the District is dependent on service fees and tax revenues to meet capital and operating needs. As an independent district, it is required to perform an outside audit annually unless the board and board of supervisors approve biannual audits.

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R15: the District, apart from its contractual relationship with the City under existing Agreements, retain its identity, and continue exercising power and discretion as an independent special district. (Findings 37, 43)

F38: The first amendment to the Agreement requires joint approval of the annual combined sewer budget (Account 612).

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R17: the City and District hold joint planning and budget review sessions on a quarterly basis as a minimum and more often as needed. (Findings 28, 29, 34, 38-40)

F39: The current plant expansion project provides for 2,400 additional ESSUs and allocates 1560 (65%) to the District and 840 (35%) to the City.

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R17: the City and District hold joint planning and budget review sessions on a quarterly basis as a minimum and more often as needed. (Findings 28, 29, 34, 38-40)

F40: Because some of the District service area lies within the City limits, it is conceivable that some of the District’s ESSUs could be used on City authorized projects in this overlap area.

Recomendaciones relacionadas (2)

R17: the City and District hold joint planning and budget review sessions on a quarterly basis as a minimum and more often as needed. (Findings 28, 29, 34, 38-40)

F41: Approximately one-half of the District’s sewer accounts for domestic and commercial sewer billings lie within the City limits, in the overlap area.

F42: The City maintains separate revenue accounts for domestic and commercial sewer billings for the City and the District.

F43: As an independent special district, the District may: • procure services • enter into contracts and agreements • incur debt • employ personnel • adopt resolutions and ordinances • initiate and approve annexations • approve and construct sewer extensions and new connections • establish user rates, fees and charges in accordance with existing agreements with the City. The District is obligated to budget and fund such activities from sources outside of Operating and Maintenance account 612.

F44: Account 612 fund balances found to be in excess of annual operating and maintenance needs are accumulated in the sewer enterprise fund and are available for budgeting in future years.

F45: The City currently estimates system maintenance and repair costs rather than tracking actual data to allocate these expenses.

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F46: In some instances, work crews and vehicles or other major equipment or machinery that are paid for and maintained partially or wholly with merged funds are used by other City Departments.

Recomendaciones relacionadas (1)

F49: On August 14, 2008, a joint Ad Hoc committee of the City and the District published a report including nineteen recommendations for amendments to the Participation Agreement.3

May 18, 2009 — Excellence Personified Ukiah Police Chief And His Finest Are To Be Commended May 18, 2009

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F1: The Ukiah Police Chief is also in charge of the Ukiah Fire Department as Director of Public Safety.

F3: All officers, including the SRO, are assigned their own patrol vehicles.

F4: The current SRO has not received special training for his position.

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R1: any officer assigned to SRO duties be trained prior to assuming these duties. (Finding 4)

F5: The SRO has an office at Ukiah High School (UHS) and also goes to other schools to teach younger children about prevention of alcohol and other drug use, gangs and vandalism.

F7: Student affiliation with rival gangs is a significant concern at UHS.

F8: Due to construction, the SRO is not able to use his designated parking space in front of the school. This will be corrected when the construction is complete.

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R2: the SRO have a highly visible designated parking space at UHS. (Finding 8)

F9: Dispatchers are given one month training at an academy and then work with an experienced dispatcher for three months.

F10: If a non-English speaker calls 911, they are immediately transferred to a communications center where a language specialist transfers them to the correct interpreter.

Recomendaciones relacionadas (1)

R3: the UPD and the City of Ukiah should pursue additional funding to secure a second dog trained for drug detection. (Findings 11-12)

F12: One dog will be assigned to the UPD and trained for bomb detection, the other will be assigned to the Sheriff’s office for drug detection. Both will be trained to protect the officers.

Recomendaciones relacionadas (1)

R3: the UPD and the City of Ukiah should pursue additional funding to secure a second dog trained for drug detection. (Findings 11-12)

F13: There is an active bicycle law enforcement and safety awareness program. UPD issued 295 warnings and two citations during the past year. Violator’s names are taken and logged. The warnings were for bicycle safety and failure to wear helmets.

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R4: the UPD increase its emphasis on issuing citations and fines for serious bicycle violations. (Finding 13)

F15: The UPD sponsors an Explorers program to introduce young adults, ages 18-20, to law enforcement professions.

Recomendaciones relacionadas (1)

R5: the Explorer program be continued. (Finding 15)

F16: State funding for forensics and bookings is scheduled to end this year. UPD is seeking alternative funding sources.

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R6: a continued search for funding for the forensics and bookings programs be given a high priority. (Finding 16)

F17: The Grand Jury found significant upgrades to the evidence room. In particular, the security and cataloging of evidence is now state-of-the-art.

F18: Project Sanctuary workers are involved in all domestic violence calls. This is a new collaborative effort between the Chief and Project Sanctuary.

F19: The UPD annual report that had been discontinued is being produced again and distributed to the community. Copies are available at the UPD.

F20: There are four openings for sworn officers.

May 18, 2009 — Out with the Old and in with the New a Report on the New Mendocino County Microwave System May 18, 2009

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F1: In 2006 the County of Mendocino’s existing microwave system was determined to be obsolete with replacement parts difficult, if not impossible, to obtain. In some cases it became necessary to search e-Bay for parts. The existing number of towers did not adequately meet communication needs. (See Exhibit A)

F2: Recognizing the public safety aspects of a failing communication system, the County Board of Supervisors authorized complete replacement of the microwave system on November 20, 2007.

F3: On November 30, 2007, the County issued the initial purchase order authorizing the selected contractor to design, procure and install a new broadband microwave system.

F4: The microwave project financing plan incorporated an innovative combination of funding sources including a Capital Lease/Purchase Contract through a private financial firm, City of Point Arena’s Citizens Office for Public Service (COPS), a State Public Safety Interoperable Communications grant (PSIC), a Federal grant (HR-3093) obtained with the help of Congressman Thompson’s office, the Gang of Five and asset forfeiture funds.1

F5: According to the County General Services Agency, total project costs will be in excess of $4 million budgeted from the following sources: Capital Lease/Purchase (Koch Financial) $2,600,000 Gang of Five Funding 178,327 Gang of Five Supplemental 29,703 DA and Sheriff Asset Forfeiture 410,000 Sheriff State Funding (PSIC Grant 200,000 City of Point Arena (State COPS Grant) 215,000 House Resolution (HR-3093) Public Safety Communication2 491,033

F6: In order to maximize radio communication coverage in remote areas, the Sheriff has allocated additional asset forfeiture funds in the amount of $235,000 to update radio equipment. Descriptions of the funding agencies are provided in the Glossary. HR-3093 funding is committed but had not been received as of January 2009.

F7: The original microwave project completion date was to be October 1, 2008. Due to delays in obtaining required California Coastal Commission and Department of Forestry permits, this date needed to be extended. The system became operational on December 15, 2008.

F8: The new microwave system can be upgraded easily to accommodate new or expanded uses.

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R2: the Board of Supervisors appoint an individual or committee to establish procedures to receive suggestions regarding upgrades to the system, to evaluate any new or expanded uses and to initiate planning and budgeting for such improvements that are found to have merit. (Findings 8, 11, 12)

R5: the Board of Supervisors direct staff to begin a concerted effort to inform all public entities in the microwave system service area of the potential uses and benefits of the system. (Findings 8, 11, 12)

F9: All microwave towers have backup power supplies.

F10: Exhibit B illustrates tower placement in the new system. Information can be re- routed (looped) along selected pathways in the event of damage to a tower.

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R3: the Board of Supervisors direct staff to develop a long-range plan for Board review and adoption to ensure maximum emergency communication coverage by expanding the rerouting (looping) concept to all microwave towers and communication links in the system. (Finding 10)

R4: the Board of Supervisors direct staff to pursue income potential from utilization of unused capacity in the system by other public and private entities with the goal of offsetting the costs of ongoing maintenance and upgrades. (Finding 10)

F11: Although the Sheriff’s Department is the primary user of the new system, there is substantial unused broadband capacity that can be made available to other public entities such as fire and utility districts. Remaining surplus capacity might be available for lease to private communication companies.

F12: The system has additional communication potential for uses such as video conferencing between coastal and inland public agencies.

F13: The new system will be maintained by the Information Services Division of the General Services Agency. Personnel have received in-depth training by the supplier and installation contractor. The Capital Lease/Purchase Contract provides funding for training and five (5) years of maintenance costs.

F2009: This will eliminate most communication “dead” spots for the Sheriff’s Department. Once operational, radio dispatchers will have the ability to track patrol units using Global Positioning (GPS) technology. This feature is important to the safety of Sheriff’s Department personnel in the field especially during emergency situations. Methods The Grand Jury interviewed key personnel from County departments involved in the microwave project and reviewed relevant financial documents and maps. The amount of unfamiliar terminology encountered led to preparation of the Glossary provided at the end of this report. Background The need to upgrade or replace the County microwave communication system was the subject of discussion and recommendation by the 2006-07 Grand Jury. Although the project was authorized in November 2007, inordinate delays occurred while obtaining two important permits. These delays caused the completion date to be projected forward to mid-December 2008. In order to track the progress of the project, the matter was referred to the 2008-09 Grand Jury for oversight. This report is the culmination of that effort. Findings 1. In 2006 the County of Mendocino’s existing microwave system was determined to be obsolete with replacement parts difficult, if not impossible, to obtain. In some cases it became necessary to search e-Bay for parts. The existing number of towers did not adequately meet communication needs. (See Exhibit A) 2. Recognizing the public safety aspects of a failing communication system, the County Board of Supervisors authorized complete replacement of the microwave system on November 20, 2007.

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R1: the County Executive Office and the Sheriff’s Department continue efforts to obtain funds committed through Congressman Thompson’s office under HR-

May 13, 2009 — Big Changes Needed or Get a Whiff of This:

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F1: The Mendocino County evidence facility is located in Ukiah and serves the Sheriff’s Office, District Attorney’s Office, California Highway Patrol and federal agencies.

F2: Ventilation of the facility is inadequate to prevent strong pervasive odors, including those from stored marijuana and human remains.

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R1: the County relocate the evidence facility or negotiate with the building owner to: a. upgrade the ventilation system; (Finding 2) b. install an overhead sprinkler fire suppression system. (Finding 3)

F3: There is no overhead sprinkler fire suppression system.

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F4: An abundance of evidence from closed cases awaits appropriate disposal.

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R2: the Sheriff’s Department: a. install a space saving storage system; (Finding 5) b. secure energy efficient refrigeration units with hermetically sealed doors; (Finding 6) c. provide a secondary source of power for emergencies; (Finding 7) d. install back-up systems for electronic and hard copy information that would be kept at a secure off-site location; (Finding 8) e. assign staff, on a part-time basis, to assist with disposal of released evidence. (Finding 4)

F5: Current shelving is inadequate for efficient evidence storage.

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F6: Evidence refrigerators are outdated. They are not energy efficient and lack adequate seals to contain odors.

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F7: There is no generator or secondary source for electrical back-up.

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F8: Evidence is recorded in a card file. Staff reported that computer files are not backed up.

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F9: The building is privately owned and rented to the County for $3,000/month. PDF

📋May 13, 2009 — Neat, Clean and Organized a Report on the Fort Bragg Police Department May 13, 2009

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F1: The department has 24 approved positions. Current employees consist of the Chief, one lieutenant, three sergeants, twelve officers (nine men and three women), two community service officers and four support staff. This constitutes a full staff. One community service officer position is frozen due to budget restrictions.

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F2: There is one bilingual officer who receives a pay incentive for his language skills.

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R1: assign a bilingual officer to each shift. (Finding 2)

F3: One school resource officer (SRO) gives lectures and staff training at all Fort Bragg schools concerning safety issues and avoidance of drugs and gang involvement.

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R2: continue to provide training to all SROs prior to assignment. (Finding 3)

F4: All new hires are subject to an 18-month probationary period.

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F5: The department does not have a K-9 unit due to budget constraints.

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R3: pursue funding for a K-9 unit. (Finding 5)

F6: There is no mandatory counseling for officers who have experienced a traumatic event unless job performance is affected.

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R4: mandate and provide counseling whenever an officer experiences a job- related traumatic event. (Finding 6)

F7: The department does not publish an annual report.

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F8: The policy and procedure manual is currently being updated.

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F9: Some officers complete “Train the Trainer” taser school and then provide in- house training to the others.

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F10: A police cadet program is being developed for youth ages 16 to 20.

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F11: There is a citizen ride-a-long program.

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F12: The County Sheriff’s Office handles all dispatching for FBPD.

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F13: Due to the lack of an animal control officer in Fort Bragg, increased officer time is required to handle animal issues.

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F14: FBPD patrol cars do not have on-board computers or cameras.

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R6: pursue funding for the purchase of onboard computers and cameras for the patrol cars. (Finding 14)

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F16: Each officer is assigned a patrol car and takes the car home at night with the exception of one officer who lives out of the area.

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F17: Each officer is assigned to keep their car clean. The City of Fort Bragg Public Works Department performs regular vehicle maintenance.

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F18: State funding for forensics and bookings is scheduled to end this year.

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Recomendaciones relacionadas (1)

R5: continue to seek funding for the forensics and bookings programs. (Finding 18)

F19: The deputies on the north coast work ten hour shifts with no overlap. There is no coverage for a four-hour period. The south coast coverage varies; however, there is always someone on call.

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F21: Confiscated firearms are destroyed in an Oakland foundry. Drugs and other hazardous materials are taken to a multi-agency purging area in San Francisco.

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May 13, 2009 — Fort Bragg Substation and Holding Cells a Report on the Mendocino County Sheriff’s Fort Bragg Substation May 13, 2009

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Hallazgos & Recomendaciones 21 hallazgos

F2: There is a large screen telecommunications system where an early morning briefing is held each day with connections between the Sheriff’s office in Ukiah and the Willits Substation.

F3: There are two holding cells at the Fort Bragg Substation. The inmate(s) are observed every 15 minutes.

F4: The policy of the Sheriff’s office is to hold inmates for no longer than two hours and then transport them to Ukiah.

F5: A deputy from the Fort Bragg Substation transports prisoners as far as the Willits Substation where they are picked up by an inland deputy to complete the trip to Ukiah.

F6: Prisoners are brought from Ukiah for court in Fort Bragg and are kept in the substation’s holding cells. FB Sheriff’s Substation Report TO EDIT 3-24-09

F7: There is one bilingual officer who receives additional pay for his language skills.

F9: All of the officers carry tasers. Two were trained at a “Train the Trainer” taser school and then trained the others.