Mendocino County Grand Jury

2009-2010

23 reports

Findings & Recommendations 29 findings
F1: Law enforcement is the principal objective of AF. Forfeited funds are used to supplement the cost of law enforcement for the eradication of illegal drugs. AF is a civil, not a criminal matter.
F2: The primary objective of the Task Force is the prevention of sales and distribution of narcotics and illegal marijuana.
F3: The primary objective of the County of Mendocino Marijuana Eradication Team, (COMMET), is the eradication of non-medical marijuana.
F4: Members of the Task Force and local law enforcement are required to use the Code of Conduct when enforcing the law.
Related Recommendations (1)
R1: all law enforcement personnel be given quarterly training regarding the Code of Conduct, (Finding 4)
F5: California law permits marijuana to be grown for medical purposes. Illegal marijuana grows and sales are a primary source of AF funds.
F6: The MCDAO is in charge of collection and distribution of AF funds, seized under State law. DRUG DEALERS SUPPORT LOCAL LAW ENFORCEMENT!!! 2009-10 . When cash or property is seized, the owner is advised of his/her right to claim the cash and/or property within 30 days. If no claim is made, the property is forfeited.
Related Recommendations (2)
R2: the Mendocino County District Attorney Asset Forfeiture Unit be diligent in discovering ill-gotten assets, (Findings 6, 16-17)
R3: all agencies within the County request reimbursement from AF funds to defray costs to the County for employees’ time spent tracking and accounting AF funds, (Findings 6, 12, 25)
F8: If the owner claims the assets and the AF Officer deems the assets ill-gotten, then a civil court case is pursued. It is estimated that more than half of the seizures are claimed. Unclaimed funds of $25,000 or less do not require a court process.
F9: Seized assets may include: cash, bank accounts, autos, coins, jewelry, and other personal and real property.
F10: Cash seized is deposited and held in a trust account until it is either returned to the owner or forfeited.
F11: Equipment and vehicles seized are stored until returned to the owner or sold at auction. Other assets are held in evidence rooms.
F12: As provided in the Health and Safety Code §11489(b)(1), the MCDAO shall be reimbursed for all expenditures made or incurred in connection with the sale of property.
F13: The MOU for the Distribution of Seized & Forfeited Funds states that local law enforcement agencies (UPD, WPD, FBPD, MCSO) receive approximately $46 of every $1,000 forfeited. (Appendix A) Findings – Federal vs. State 14. The process for Federal and State AF is different and the funds are separated to prevent co-mingling.
Related Recommendations (2)
R4: the Mendocino County District Attorney distribute the unused portion of AF funds in the MCDAO account to local law enforcement agencies, (Findings 13, 33)
R5: the Law Enforcement Administrators Association Board update the MOU, to distribute the Discretionary Funds, in consideration of the special needs of the participating agencies, (Findings 13, 22, 27)
F15: When assets are seized under Federal law, the Federal Government retains 20% of the amount for administrative fees, and returns 80% of the funds to the MCSO or finding agency.
F16: When the Federal Agents decide not to prosecute, the case may be turned over to the MCDAO.
Related Recommendations (1)
R2: the Mendocino County District Attorney Asset Forfeiture Unit be diligent in discovering ill-gotten assets, (Findings 6, 16-17)
F17: Federally seized equipment, autos, etc. can be purchased for 20% of their value by local law enforcement for agency use. Other assets are sold at auction.
Related Recommendations (1)
R2: the Mendocino County District Attorney Asset Forfeiture Unit be diligent in discovering ill-gotten assets, (Findings 6, 16-17)
F18: Assets seized under State law must be sold at auction, and the net proceeds are returned to the MCDAO for distribution in accordance with the MOU.
F19: California Health and Safety Code §11489 states that: AF funds may not be used to supplant expenses in a budget that would ordinarily be incurred, and are not required to be spent on narcotics enforcement.
F20: Federal AF funds generally may not be spent for uses that are not approved by the State.
F21: AF funds may be spent on law enforcement equipment, vehicles, computers, supplies, salary for a new position for a limited time, overtime pay, training expenses, etc.
F22: According to their reporting period, (fiscal or calendar), Federal and State AF proceeds were distributed to local law enforcement agencies in 2009, as follows: DRUG DEALERS SUPPORT LOCAL LAW ENFORCEMENT!!! 2009-10 Mendocino County Grand Jury MCSO, State $ 166,114 FBPD, State $46,913 MCSO, Federal $0 UPD, State $63,893 COMMET, State $3,176 WPD, State $84,096 COMMET, Federal $384,894 Task Force, State $76,839 MCDAO, (10%) $154,743 MCDAO, (33 1/3% $241,744 23. Some recent AF funds have been used to purchase vehicles, a fork lift, radios and related equipment, to upgrade property and evidence room equipment, electronics and software, a microwave communication system and equipment, officer overtime, and a Bear Cat rescue vehicle, (with matching funds from a Homeland Security Grant).
F24: Other permissible uses of AF funds include training, storage rent, and donations to local non-profits.
F25: Permissible uses of Federal funds are restricted to law enforcement for investigations, training, detention facilities, equipment, travel and transportation, awards and memorials, drug and gang education and awareness programs, matching funds, pro-rata funding for asset fund accounting and tracking, language assistance services, transfers to other law enforcement agencies, and support of community-based programs.
F26: Impermissible uses of Federal funds are: a. use of forfeited property by non-law enforcement personnel, b. payment of education related costs, for non-law enforcement classes, c. uses contrary to the law of the State or local jurisdictions, d. non-official government use of shared assets, e. to make permanent improvements on the property of others. f. salaries are impermissible except for: (cid:121) express statutory authorization, (cid:121) overtime for officers and investigators, (cid:121) new positions and temporary or not to exceed 1 year appointments, (cid:121) salary of an officer hired to replace an officer assigned to a Task Force, (cid:121) specialized programs.
F27: On March 31, 2010, the balances of accumulated and unspent AF monies for the following County accounts were: MCDAO $886,563 COMMET, State $39,643 MCSO, State $414,599 COMMET, Federal $617,135 MCSO, Federal $577 Findings – LEAA 28. The LEAA Board consists of the Mendocino County Sheriff, the three Chiefs DRUG DEALERS SUPPORT LOCAL LAW ENFORCEMENT!!! 2009-10 Mendocino County Grand Jury of Police (Willits, Ukiah, and Fort Bragg), Mendocino County District Attorney, and the MCDAO Chief of Detectives, the Mendocino County Chief Probation Officer, the Commander of the Highway Patrol, and the Commander of the Task Force. The Chair of the LEAA Board is elected by the Board members.
F29: AF funds distributed to the LEAA are for the sole purpose of funding programs to combat drug abuse, anti-gang programs, and for educators, parents, community organizations and local businesses to involve their interest in the programs.
F30: Contradictory to Health & Safety Code, LEAA funds are distributed annually by the MCDAO. California Health and Safety Code §11489(b) requires these funds to be distributed quarterly.
Related Recommendations (1)
R6: MCDAO distribute LEAA funds on a quarterly basis, as per Health & Safety Code §11489. (Finding 30)
F31: The last LEAA distribution studied by the GJ was paid in May 2009, in the amount of $32,500 to each of the following: MCSO, FBPD, UPD, and WPD.
F32: In 2009, LEAA funds were used for various programs, including the Police Activity Program, National Child Safety Council, Nuestra Allianza, Kid’s Club, AODP/GRIP Program, Mendocino Juvenile Drug Court, after-school soccer programs, Big Brothers Big Sisters, Teen Peer Court, Ukiah Dolphins, Little League, Girl Scouts, Sober Graduation, YES Camp, and Manzanita Services/Healing Hands.
F33: MCDAO does not receive LEAA funds. In 2009, the MCDAO used AF funds to donate $73,472 to local programs and non-profit organizations.

Findings and recommendations not yet extracted.

Additional Recommendations 1

Not linked to specific findings.

R8: schools and school districts canvas the communities they serve, requesting that qualified tutoring volunteers come forward to offer their services. (Findings, 45, 53)
Findings & Recommendations 21 findings
F1: In 1996 the County authorized issuance of $30.7 million in POB.
F2: In 1998 the BOS created a two-tier employee health care system. Employees hired after 1998 no longer receive retiree health benefits.
F3: In 2002 a second POB was issued for approximately $92 million, at a time when interest rates were favorable, which included the defeasance1 of one half of the $31 million POB issued in 1996.
F4: From 2004 through 2006 MCERA diverted over $9.6 million from the County pension fund to pay retiree healthcare costs. This was a questionable action; MCERA devised this as a way to solve funding issues for a shortfall in retiree health care. It may have been in conflict with California Government codes §31584 and §31587. (Appendix A)
Related Recommendations (3)
R3: a citizens’ financial oversight committee be established to monitor the County obligations assumed by the transactions of the MCERA Board, and to bring a critical view, transparency and fresh ideas to the UAAL problem. (Findings 4, 6-7, 9-12,15)
R6: the MCERA conduct a review of excess earnings; develop a policy that articulates the definition of excess earnings and plans for future allocation. (Findings 4,6-8,10-12,15,17)
R18: 2. the MCERA Board insure that an independent audit be performed on past and present actuarial assumptions and make a full and transparent disclosure of the results to the public. (Findings 6-7, 9-12) 3. a citizens’ financial oversight committee be established to monitor the County obligations assumed by the transactions of the MCERA Board, and to bring a critical view, transparency and fresh ideas to the UAAL problem. (Findings 4, 6-7, 9-12,15) 4. the MCERA Board and Administrator closely monitor the impact of the retirement fund on the County budget, rather than comparing the performance with other counties. (All Findings) 5. all MCERA financial reports be structured so that both the actuarial value of assets and the market value of the pension fund assets (as of a specific date) be made public. (Findings 6, 8-9,11-12) 6. the MCERA conduct a review of excess earnings; develop a policy that articulates the definition of excess earnings and plans for future allocation. (Findings 4,6-8,10-12,15,17) 7. the MCERA Board monitor and study the issues and solutions developed by other counties. (Findings 7-20) , e.g.: • clearly state the Retirement Fund’s financial position regularly and, when necessary project the amount needed for recovery and develop a plan, • design a two tier retirement plan for employees. Other counties are developing a “401-K” type plan. Existing employee plans have been frozen with future contributions put into a “401-K” type plan. The County could make a small percentage matching contribution, • no defined benefit plans for new employees, reducing the amount of benefits paid by the County, • reduce the pension plans for all employees, enabling them to retire earlier and allowing new employees to start at a lower salary and benefit levels, and/or delay pension payment until the employee reaches age 65, • reduce staff levels, consolidate functions, and review salaries, freeing money to pay down debt, • closer monitoring of investment risk, • full disclosure of unfunded liability, • no payment be given an employee who opts out of the health plan. 8. The BOS immediately take steps to rectify the unfunded liability.
F5: In 2008 the MCERA Board took the action of hiring its own manager independent of the BOS.
F6: In 2009 the MCERA Board projected a $66.9 million UAAL. This amount has been disputed by citizens who argue that using the market value of holdings makes the UAAL twice as much. Defeasance: Auditors may allow a debt to be 'defeased' or extinguished for reporting purposes provided that pre-conditions are met.
Related Recommendations (5)
R2: the MCERA Board insure that an independent audit be performed on past and present actuarial assumptions and make a full and transparent disclosure of the results to the public. (Findings 6-7, 9-12)
R3: a citizens’ financial oversight committee be established to monitor the County obligations assumed by the transactions of the MCERA Board, and to bring a critical view, transparency and fresh ideas to the UAAL problem. (Findings 4, 6-7, 9-12,15)
R5: all MCERA financial reports be structured so that both the actuarial value of assets and the market value of the pension fund assets (as of a specific date) be made public. (Findings 6, 8-9,11-12)
R6: the MCERA conduct a review of excess earnings; develop a policy that articulates the definition of excess earnings and plans for future allocation. (Findings 4,6-8,10-12,15,17)
R18: 2. the MCERA Board insure that an independent audit be performed on past and present actuarial assumptions and make a full and transparent disclosure of the results to the public. (Findings 6-7, 9-12) 3. a citizens’ financial oversight committee be established to monitor the County obligations assumed by the transactions of the MCERA Board, and to bring a critical view, transparency and fresh ideas to the UAAL problem. (Findings 4, 6-7, 9-12,15) 4. the MCERA Board and Administrator closely monitor the impact of the retirement fund on the County budget, rather than comparing the performance with other counties. (All Findings) 5. all MCERA financial reports be structured so that both the actuarial value of assets and the market value of the pension fund assets (as of a specific date) be made public. (Findings 6, 8-9,11-12) 6. the MCERA conduct a review of excess earnings; develop a policy that articulates the definition of excess earnings and plans for future allocation. (Findings 4,6-8,10-12,15,17) 7. the MCERA Board monitor and study the issues and solutions developed by other counties. (Findings 7-20) , e.g.: • clearly state the Retirement Fund’s financial position regularly and, when necessary project the amount needed for recovery and develop a plan, • design a two tier retirement plan for employees. Other counties are developing a “401-K” type plan. Existing employee plans have been frozen with future contributions put into a “401-K” type plan. The County could make a small percentage matching contribution, • no defined benefit plans for new employees, reducing the amount of benefits paid by the County, • reduce the pension plans for all employees, enabling them to retire earlier and allowing new employees to start at a lower salary and benefit levels, and/or delay pension payment until the employee reaches age 65, • reduce staff levels, consolidate functions, and review salaries, freeing money to pay down debt, • closer monitoring of investment risk, • full disclosure of unfunded liability, • no payment be given an employee who opts out of the health plan. 8. The BOS immediately take steps to rectify the unfunded liability.
F7: In 2009 the State of California instructed public entities to follow GASB standards to include UAAL as a foot note in their financial statements. This may increase the interest charges on borrowed funds.
Related Recommendations (5)
R2: the MCERA Board insure that an independent audit be performed on past and present actuarial assumptions and make a full and transparent disclosure of the results to the public. (Findings 6-7, 9-12)
R3: a citizens’ financial oversight committee be established to monitor the County obligations assumed by the transactions of the MCERA Board, and to bring a critical view, transparency and fresh ideas to the UAAL problem. (Findings 4, 6-7, 9-12,15)
R6: the MCERA conduct a review of excess earnings; develop a policy that articulates the definition of excess earnings and plans for future allocation. (Findings 4,6-8,10-12,15,17)
R7: the MCERA Board monitor and study the issues and solutions developed by other counties. (Findings 7-20) , e.g.: • clearly state the Retirement Fund’s financial position regularly and, when necessary project the amount needed for recovery and develop a plan, • design a two tier retirement plan for employees. Other counties are developing a “401-K” type plan. Existing employee plans have been frozen with future contributions put into a “401-K” type plan. The County could make a small percentage matching contribution, • no defined benefit plans for new employees, reducing the amount of benefits paid by the County, • reduce the pension plans for all employees, enabling them to retire earlier and allowing new employees to start at a lower salary and benefit levels, and/or delay pension payment until the employee reaches age 65, • reduce staff levels, consolidate functions, and review salaries, freeing money to pay down debt, • closer monitoring of investment risk, • full disclosure of unfunded liability, • no payment be given an employee who opts out of the health plan.
R18: 2. the MCERA Board insure that an independent audit be performed on past and present actuarial assumptions and make a full and transparent disclosure of the results to the public. (Findings 6-7, 9-12) 3. a citizens’ financial oversight committee be established to monitor the County obligations assumed by the transactions of the MCERA Board, and to bring a critical view, transparency and fresh ideas to the UAAL problem. (Findings 4, 6-7, 9-12,15) 4. the MCERA Board and Administrator closely monitor the impact of the retirement fund on the County budget, rather than comparing the performance with other counties. (All Findings) 5. all MCERA financial reports be structured so that both the actuarial value of assets and the market value of the pension fund assets (as of a specific date) be made public. (Findings 6, 8-9,11-12) 6. the MCERA conduct a review of excess earnings; develop a policy that articulates the definition of excess earnings and plans for future allocation. (Findings 4,6-8,10-12,15,17) 7. the MCERA Board monitor and study the issues and solutions developed by other counties. (Findings 7-20) , e.g.: • clearly state the Retirement Fund’s financial position regularly and, when necessary project the amount needed for recovery and develop a plan, • design a two tier retirement plan for employees. Other counties are developing a “401-K” type plan. Existing employee plans have been frozen with future contributions put into a “401-K” type plan. The County could make a small percentage matching contribution, • no defined benefit plans for new employees, reducing the amount of benefits paid by the County, • reduce the pension plans for all employees, enabling them to retire earlier and allowing new employees to start at a lower salary and benefit levels, and/or delay pension payment until the employee reaches age 65, • reduce staff levels, consolidate functions, and review salaries, freeing money to pay down debt, • closer monitoring of investment risk, • full disclosure of unfunded liability, • no payment be given an employee who opts out of the health plan. 8. The BOS immediately take steps to rectify the unfunded liability.
F8: The County is one of few 1937 Act Counties in the State where the “excess earnings” from investments have continued to be used to provide health insurance funding for retirees. This fund is projected to be depleted by the first quarter of 2011.
Related Recommendations (4)
R5: all MCERA financial reports be structured so that both the actuarial value of assets and the market value of the pension fund assets (as of a specific date) be made public. (Findings 6, 8-9,11-12)
R6: the MCERA conduct a review of excess earnings; develop a policy that articulates the definition of excess earnings and plans for future allocation. (Findings 4,6-8,10-12,15,17)
R7: the MCERA Board monitor and study the issues and solutions developed by other counties. (Findings 7-20) , e.g.: • clearly state the Retirement Fund’s financial position regularly and, when necessary project the amount needed for recovery and develop a plan, • design a two tier retirement plan for employees. Other counties are developing a “401-K” type plan. Existing employee plans have been frozen with future contributions put into a “401-K” type plan. The County could make a small percentage matching contribution, • no defined benefit plans for new employees, reducing the amount of benefits paid by the County, • reduce the pension plans for all employees, enabling them to retire earlier and allowing new employees to start at a lower salary and benefit levels, and/or delay pension payment until the employee reaches age 65, • reduce staff levels, consolidate functions, and review salaries, freeing money to pay down debt, • closer monitoring of investment risk, • full disclosure of unfunded liability, • no payment be given an employee who opts out of the health plan.
R18: 2. the MCERA Board insure that an independent audit be performed on past and present actuarial assumptions and make a full and transparent disclosure of the results to the public. (Findings 6-7, 9-12) 3. a citizens’ financial oversight committee be established to monitor the County obligations assumed by the transactions of the MCERA Board, and to bring a critical view, transparency and fresh ideas to the UAAL problem. (Findings 4, 6-7, 9-12,15) 4. the MCERA Board and Administrator closely monitor the impact of the retirement fund on the County budget, rather than comparing the performance with other counties. (All Findings) 5. all MCERA financial reports be structured so that both the actuarial value of assets and the market value of the pension fund assets (as of a specific date) be made public. (Findings 6, 8-9,11-12) 6. the MCERA conduct a review of excess earnings; develop a policy that articulates the definition of excess earnings and plans for future allocation. (Findings 4,6-8,10-12,15,17) 7. the MCERA Board monitor and study the issues and solutions developed by other counties. (Findings 7-20) , e.g.: • clearly state the Retirement Fund’s financial position regularly and, when necessary project the amount needed for recovery and develop a plan, • design a two tier retirement plan for employees. Other counties are developing a “401-K” type plan. Existing employee plans have been frozen with future contributions put into a “401-K” type plan. The County could make a small percentage matching contribution, • no defined benefit plans for new employees, reducing the amount of benefits paid by the County, • reduce the pension plans for all employees, enabling them to retire earlier and allowing new employees to start at a lower salary and benefit levels, and/or delay pension payment until the employee reaches age 65, • reduce staff levels, consolidate functions, and review salaries, freeing money to pay down debt, • closer monitoring of investment risk, • full disclosure of unfunded liability, • no payment be given an employee who opts out of the health plan. 8. The BOS immediately take steps to rectify the unfunded liability.
F9: The MCERA Board has produced reports which demonstrate their investments have performed at or above the level of peer counties.
Related Recommendations (6)
R1: the MCERA Board adopt a rate of return that reflects the current economic environment and question the actuarial recommendations. (Findings 9-12,16- 18)
R2: the MCERA Board insure that an independent audit be performed on past and present actuarial assumptions and make a full and transparent disclosure of the results to the public. (Findings 6-7, 9-12)
R3: a citizens’ financial oversight committee be established to monitor the County obligations assumed by the transactions of the MCERA Board, and to bring a critical view, transparency and fresh ideas to the UAAL problem. (Findings 4, 6-7, 9-12,15)
R5: all MCERA financial reports be structured so that both the actuarial value of assets and the market value of the pension fund assets (as of a specific date) be made public. (Findings 6, 8-9,11-12)
R7: the MCERA Board monitor and study the issues and solutions developed by other counties. (Findings 7-20) , e.g.: • clearly state the Retirement Fund’s financial position regularly and, when necessary project the amount needed for recovery and develop a plan, • design a two tier retirement plan for employees. Other counties are developing a “401-K” type plan. Existing employee plans have been frozen with future contributions put into a “401-K” type plan. The County could make a small percentage matching contribution, • no defined benefit plans for new employees, reducing the amount of benefits paid by the County, • reduce the pension plans for all employees, enabling them to retire earlier and allowing new employees to start at a lower salary and benefit levels, and/or delay pension payment until the employee reaches age 65, • reduce staff levels, consolidate functions, and review salaries, freeing money to pay down debt, • closer monitoring of investment risk, • full disclosure of unfunded liability, • no payment be given an employee who opts out of the health plan.
R18: 2. the MCERA Board insure that an independent audit be performed on past and present actuarial assumptions and make a full and transparent disclosure of the results to the public. (Findings 6-7, 9-12) 3. a citizens’ financial oversight committee be established to monitor the County obligations assumed by the transactions of the MCERA Board, and to bring a critical view, transparency and fresh ideas to the UAAL problem. (Findings 4, 6-7, 9-12,15) 4. the MCERA Board and Administrator closely monitor the impact of the retirement fund on the County budget, rather than comparing the performance with other counties. (All Findings) 5. all MCERA financial reports be structured so that both the actuarial value of assets and the market value of the pension fund assets (as of a specific date) be made public. (Findings 6, 8-9,11-12) 6. the MCERA conduct a review of excess earnings; develop a policy that articulates the definition of excess earnings and plans for future allocation. (Findings 4,6-8,10-12,15,17) 7. the MCERA Board monitor and study the issues and solutions developed by other counties. (Findings 7-20) , e.g.: • clearly state the Retirement Fund’s financial position regularly and, when necessary project the amount needed for recovery and develop a plan, • design a two tier retirement plan for employees. Other counties are developing a “401-K” type plan. Existing employee plans have been frozen with future contributions put into a “401-K” type plan. The County could make a small percentage matching contribution, • no defined benefit plans for new employees, reducing the amount of benefits paid by the County, • reduce the pension plans for all employees, enabling them to retire earlier and allowing new employees to start at a lower salary and benefit levels, and/or delay pension payment until the employee reaches age 65, • reduce staff levels, consolidate functions, and review salaries, freeing money to pay down debt, • closer monitoring of investment risk, • full disclosure of unfunded liability, • no payment be given an employee who opts out of the health plan. 8. The BOS immediately take steps to rectify the unfunded liability.
F10: Mendocino County uses financial fund advisors to project investment performance over time. Investment returns on assets have been projected at 8% through 2026, when economic experts have said that the 30-year rolling average for a stock-bond portfolio is 4.4%.
Related Recommendations (6)
R1: the MCERA Board adopt a rate of return that reflects the current economic environment and question the actuarial recommendations. (Findings 9-12,16- 18)
R2: the MCERA Board insure that an independent audit be performed on past and present actuarial assumptions and make a full and transparent disclosure of the results to the public. (Findings 6-7, 9-12)
R3: a citizens’ financial oversight committee be established to monitor the County obligations assumed by the transactions of the MCERA Board, and to bring a critical view, transparency and fresh ideas to the UAAL problem. (Findings 4, 6-7, 9-12,15)
R6: the MCERA conduct a review of excess earnings; develop a policy that articulates the definition of excess earnings and plans for future allocation. (Findings 4,6-8,10-12,15,17)
R7: the MCERA Board monitor and study the issues and solutions developed by other counties. (Findings 7-20) , e.g.: • clearly state the Retirement Fund’s financial position regularly and, when necessary project the amount needed for recovery and develop a plan, • design a two tier retirement plan for employees. Other counties are developing a “401-K” type plan. Existing employee plans have been frozen with future contributions put into a “401-K” type plan. The County could make a small percentage matching contribution, • no defined benefit plans for new employees, reducing the amount of benefits paid by the County, • reduce the pension plans for all employees, enabling them to retire earlier and allowing new employees to start at a lower salary and benefit levels, and/or delay pension payment until the employee reaches age 65, • reduce staff levels, consolidate functions, and review salaries, freeing money to pay down debt, • closer monitoring of investment risk, • full disclosure of unfunded liability, • no payment be given an employee who opts out of the health plan.
R18: 2. the MCERA Board insure that an independent audit be performed on past and present actuarial assumptions and make a full and transparent disclosure of the results to the public. (Findings 6-7, 9-12) 3. a citizens’ financial oversight committee be established to monitor the County obligations assumed by the transactions of the MCERA Board, and to bring a critical view, transparency and fresh ideas to the UAAL problem. (Findings 4, 6-7, 9-12,15) 4. the MCERA Board and Administrator closely monitor the impact of the retirement fund on the County budget, rather than comparing the performance with other counties. (All Findings) 5. all MCERA financial reports be structured so that both the actuarial value of assets and the market value of the pension fund assets (as of a specific date) be made public. (Findings 6, 8-9,11-12) 6. the MCERA conduct a review of excess earnings; develop a policy that articulates the definition of excess earnings and plans for future allocation. (Findings 4,6-8,10-12,15,17) 7. the MCERA Board monitor and study the issues and solutions developed by other counties. (Findings 7-20) , e.g.: • clearly state the Retirement Fund’s financial position regularly and, when necessary project the amount needed for recovery and develop a plan, • design a two tier retirement plan for employees. Other counties are developing a “401-K” type plan. Existing employee plans have been frozen with future contributions put into a “401-K” type plan. The County could make a small percentage matching contribution, • no defined benefit plans for new employees, reducing the amount of benefits paid by the County, • reduce the pension plans for all employees, enabling them to retire earlier and allowing new employees to start at a lower salary and benefit levels, and/or delay pension payment until the employee reaches age 65, • reduce staff levels, consolidate functions, and review salaries, freeing money to pay down debt, • closer monitoring of investment risk, • full disclosure of unfunded liability, • no payment be given an employee who opts out of the health plan. 8. The BOS immediately take steps to rectify the unfunded liability.
F11: Other entities have questioned the assumptions and data used by MCERA’s contracted actuary.
Related Recommendations (7)
R1: the MCERA Board adopt a rate of return that reflects the current economic environment and question the actuarial recommendations. (Findings 9-12,16- 18)
R2: the MCERA Board insure that an independent audit be performed on past and present actuarial assumptions and make a full and transparent disclosure of the results to the public. (Findings 6-7, 9-12)
R3: a citizens’ financial oversight committee be established to monitor the County obligations assumed by the transactions of the MCERA Board, and to bring a critical view, transparency and fresh ideas to the UAAL problem. (Findings 4, 6-7, 9-12,15)
R5: all MCERA financial reports be structured so that both the actuarial value of assets and the market value of the pension fund assets (as of a specific date) be made public. (Findings 6, 8-9,11-12)
R6: the MCERA conduct a review of excess earnings; develop a policy that articulates the definition of excess earnings and plans for future allocation. (Findings 4,6-8,10-12,15,17)
R7: the MCERA Board monitor and study the issues and solutions developed by other counties. (Findings 7-20) , e.g.: • clearly state the Retirement Fund’s financial position regularly and, when necessary project the amount needed for recovery and develop a plan, • design a two tier retirement plan for employees. Other counties are developing a “401-K” type plan. Existing employee plans have been frozen with future contributions put into a “401-K” type plan. The County could make a small percentage matching contribution, • no defined benefit plans for new employees, reducing the amount of benefits paid by the County, • reduce the pension plans for all employees, enabling them to retire earlier and allowing new employees to start at a lower salary and benefit levels, and/or delay pension payment until the employee reaches age 65, • reduce staff levels, consolidate functions, and review salaries, freeing money to pay down debt, • closer monitoring of investment risk, • full disclosure of unfunded liability, • no payment be given an employee who opts out of the health plan.
R18: 2. the MCERA Board insure that an independent audit be performed on past and present actuarial assumptions and make a full and transparent disclosure of the results to the public. (Findings 6-7, 9-12) 3. a citizens’ financial oversight committee be established to monitor the County obligations assumed by the transactions of the MCERA Board, and to bring a critical view, transparency and fresh ideas to the UAAL problem. (Findings 4, 6-7, 9-12,15) 4. the MCERA Board and Administrator closely monitor the impact of the retirement fund on the County budget, rather than comparing the performance with other counties. (All Findings) 5. all MCERA financial reports be structured so that both the actuarial value of assets and the market value of the pension fund assets (as of a specific date) be made public. (Findings 6, 8-9,11-12) 6. the MCERA conduct a review of excess earnings; develop a policy that articulates the definition of excess earnings and plans for future allocation. (Findings 4,6-8,10-12,15,17) 7. the MCERA Board monitor and study the issues and solutions developed by other counties. (Findings 7-20) , e.g.: • clearly state the Retirement Fund’s financial position regularly and, when necessary project the amount needed for recovery and develop a plan, • design a two tier retirement plan for employees. Other counties are developing a “401-K” type plan. Existing employee plans have been frozen with future contributions put into a “401-K” type plan. The County could make a small percentage matching contribution, • no defined benefit plans for new employees, reducing the amount of benefits paid by the County, • reduce the pension plans for all employees, enabling them to retire earlier and allowing new employees to start at a lower salary and benefit levels, and/or delay pension payment until the employee reaches age 65, • reduce staff levels, consolidate functions, and review salaries, freeing money to pay down debt, • closer monitoring of investment risk, • full disclosure of unfunded liability, • no payment be given an employee who opts out of the health plan. 8. The BOS immediately take steps to rectify the unfunded liability.
F12: An approved industry process called “smoothing” is also used to level financial changes over time. Using this process helps the County avoid dramatic annual changes in their share of payment toward the retirement fund, making the budget projections more predictable. Normally, the actuaries “smooth” investment gains and losses over five years.
Related Recommendations (7)
R1: the MCERA Board adopt a rate of return that reflects the current economic environment and question the actuarial recommendations. (Findings 9-12,16- 18)
R2: the MCERA Board insure that an independent audit be performed on past and present actuarial assumptions and make a full and transparent disclosure of the results to the public. (Findings 6-7, 9-12)
R3: a citizens’ financial oversight committee be established to monitor the County obligations assumed by the transactions of the MCERA Board, and to bring a critical view, transparency and fresh ideas to the UAAL problem. (Findings 4, 6-7, 9-12,15)
R5: all MCERA financial reports be structured so that both the actuarial value of assets and the market value of the pension fund assets (as of a specific date) be made public. (Findings 6, 8-9,11-12)
R6: the MCERA conduct a review of excess earnings; develop a policy that articulates the definition of excess earnings and plans for future allocation. (Findings 4,6-8,10-12,15,17)
R7: the MCERA Board monitor and study the issues and solutions developed by other counties. (Findings 7-20) , e.g.: • clearly state the Retirement Fund’s financial position regularly and, when necessary project the amount needed for recovery and develop a plan, • design a two tier retirement plan for employees. Other counties are developing a “401-K” type plan. Existing employee plans have been frozen with future contributions put into a “401-K” type plan. The County could make a small percentage matching contribution, • no defined benefit plans for new employees, reducing the amount of benefits paid by the County, • reduce the pension plans for all employees, enabling them to retire earlier and allowing new employees to start at a lower salary and benefit levels, and/or delay pension payment until the employee reaches age 65, • reduce staff levels, consolidate functions, and review salaries, freeing money to pay down debt, • closer monitoring of investment risk, • full disclosure of unfunded liability, • no payment be given an employee who opts out of the health plan.
R18: 2. the MCERA Board insure that an independent audit be performed on past and present actuarial assumptions and make a full and transparent disclosure of the results to the public. (Findings 6-7, 9-12) 3. a citizens’ financial oversight committee be established to monitor the County obligations assumed by the transactions of the MCERA Board, and to bring a critical view, transparency and fresh ideas to the UAAL problem. (Findings 4, 6-7, 9-12,15) 4. the MCERA Board and Administrator closely monitor the impact of the retirement fund on the County budget, rather than comparing the performance with other counties. (All Findings) 5. all MCERA financial reports be structured so that both the actuarial value of assets and the market value of the pension fund assets (as of a specific date) be made public. (Findings 6, 8-9,11-12) 6. the MCERA conduct a review of excess earnings; develop a policy that articulates the definition of excess earnings and plans for future allocation. (Findings 4,6-8,10-12,15,17) 7. the MCERA Board monitor and study the issues and solutions developed by other counties. (Findings 7-20) , e.g.: • clearly state the Retirement Fund’s financial position regularly and, when necessary project the amount needed for recovery and develop a plan, • design a two tier retirement plan for employees. Other counties are developing a “401-K” type plan. Existing employee plans have been frozen with future contributions put into a “401-K” type plan. The County could make a small percentage matching contribution, • no defined benefit plans for new employees, reducing the amount of benefits paid by the County, • reduce the pension plans for all employees, enabling them to retire earlier and allowing new employees to start at a lower salary and benefit levels, and/or delay pension payment until the employee reaches age 65, • reduce staff levels, consolidate functions, and review salaries, freeing money to pay down debt, • closer monitoring of investment risk, • full disclosure of unfunded liability, • no payment be given an employee who opts out of the health plan. 8. The BOS immediately take steps to rectify the unfunded liability.
F13: In 2008 changes in GASB reporting standards §43 and §45 required that all State and local government entities disclose future retirement health care obligations and resources for this obligation. The County’s unfunded liability for health care is currently about $130 million.
Related Recommendations (3)
R7: the MCERA Board monitor and study the issues and solutions developed by other counties. (Findings 7-20) , e.g.: • clearly state the Retirement Fund’s financial position regularly and, when necessary project the amount needed for recovery and develop a plan, • design a two tier retirement plan for employees. Other counties are developing a “401-K” type plan. Existing employee plans have been frozen with future contributions put into a “401-K” type plan. The County could make a small percentage matching contribution, • no defined benefit plans for new employees, reducing the amount of benefits paid by the County, • reduce the pension plans for all employees, enabling them to retire earlier and allowing new employees to start at a lower salary and benefit levels, and/or delay pension payment until the employee reaches age 65, • reduce staff levels, consolidate functions, and review salaries, freeing money to pay down debt, • closer monitoring of investment risk, • full disclosure of unfunded liability, • no payment be given an employee who opts out of the health plan.
R8: The BOS immediately take steps to rectify the unfunded liability.
R18: 2. the MCERA Board insure that an independent audit be performed on past and present actuarial assumptions and make a full and transparent disclosure of the results to the public. (Findings 6-7, 9-12) 3. a citizens’ financial oversight committee be established to monitor the County obligations assumed by the transactions of the MCERA Board, and to bring a critical view, transparency and fresh ideas to the UAAL problem. (Findings 4, 6-7, 9-12,15) 4. the MCERA Board and Administrator closely monitor the impact of the retirement fund on the County budget, rather than comparing the performance with other counties. (All Findings) 5. all MCERA financial reports be structured so that both the actuarial value of assets and the market value of the pension fund assets (as of a specific date) be made public. (Findings 6, 8-9,11-12) 6. the MCERA conduct a review of excess earnings; develop a policy that articulates the definition of excess earnings and plans for future allocation. (Findings 4,6-8,10-12,15,17) 7. the MCERA Board monitor and study the issues and solutions developed by other counties. (Findings 7-20) , e.g.: • clearly state the Retirement Fund’s financial position regularly and, when necessary project the amount needed for recovery and develop a plan, • design a two tier retirement plan for employees. Other counties are developing a “401-K” type plan. Existing employee plans have been frozen with future contributions put into a “401-K” type plan. The County could make a small percentage matching contribution, • no defined benefit plans for new employees, reducing the amount of benefits paid by the County, • reduce the pension plans for all employees, enabling them to retire earlier and allowing new employees to start at a lower salary and benefit levels, and/or delay pension payment until the employee reaches age 65, • reduce staff levels, consolidate functions, and review salaries, freeing money to pay down debt, • closer monitoring of investment risk, • full disclosure of unfunded liability, • no payment be given an employee who opts out of the health plan. 8. The BOS immediately take steps to rectify the unfunded liability.
F14: In 1998 when the BOS ceased offering retiree health benefits for new employees they did not address the insufficiency of funds for health benefits already given to employees.
Related Recommendations (3)
R7: the MCERA Board monitor and study the issues and solutions developed by other counties. (Findings 7-20) , e.g.: • clearly state the Retirement Fund’s financial position regularly and, when necessary project the amount needed for recovery and develop a plan, • design a two tier retirement plan for employees. Other counties are developing a “401-K” type plan. Existing employee plans have been frozen with future contributions put into a “401-K” type plan. The County could make a small percentage matching contribution, • no defined benefit plans for new employees, reducing the amount of benefits paid by the County, • reduce the pension plans for all employees, enabling them to retire earlier and allowing new employees to start at a lower salary and benefit levels, and/or delay pension payment until the employee reaches age 65, • reduce staff levels, consolidate functions, and review salaries, freeing money to pay down debt, • closer monitoring of investment risk, • full disclosure of unfunded liability, • no payment be given an employee who opts out of the health plan.
R8: The BOS immediately take steps to rectify the unfunded liability.
R18: 2. the MCERA Board insure that an independent audit be performed on past and present actuarial assumptions and make a full and transparent disclosure of the results to the public. (Findings 6-7, 9-12) 3. a citizens’ financial oversight committee be established to monitor the County obligations assumed by the transactions of the MCERA Board, and to bring a critical view, transparency and fresh ideas to the UAAL problem. (Findings 4, 6-7, 9-12,15) 4. the MCERA Board and Administrator closely monitor the impact of the retirement fund on the County budget, rather than comparing the performance with other counties. (All Findings) 5. all MCERA financial reports be structured so that both the actuarial value of assets and the market value of the pension fund assets (as of a specific date) be made public. (Findings 6, 8-9,11-12) 6. the MCERA conduct a review of excess earnings; develop a policy that articulates the definition of excess earnings and plans for future allocation. (Findings 4,6-8,10-12,15,17) 7. the MCERA Board monitor and study the issues and solutions developed by other counties. (Findings 7-20) , e.g.: • clearly state the Retirement Fund’s financial position regularly and, when necessary project the amount needed for recovery and develop a plan, • design a two tier retirement plan for employees. Other counties are developing a “401-K” type plan. Existing employee plans have been frozen with future contributions put into a “401-K” type plan. The County could make a small percentage matching contribution, • no defined benefit plans for new employees, reducing the amount of benefits paid by the County, • reduce the pension plans for all employees, enabling them to retire earlier and allowing new employees to start at a lower salary and benefit levels, and/or delay pension payment until the employee reaches age 65, • reduce staff levels, consolidate functions, and review salaries, freeing money to pay down debt, • closer monitoring of investment risk, • full disclosure of unfunded liability, • no payment be given an employee who opts out of the health plan. 8. The BOS immediately take steps to rectify the unfunded liability.
F15: Funding for the retiree health plan was to come from excess earnings from retirement systems investments. The County states that excess earnings have been calculated on an annual basis. Critics have noted that when UAAL is considered, excess earnings have never occurred.
Related Recommendations (2)
R7: the MCERA Board monitor and study the issues and solutions developed by other counties. (Findings 7-20) , e.g.: • clearly state the Retirement Fund’s financial position regularly and, when necessary project the amount needed for recovery and develop a plan, • design a two tier retirement plan for employees. Other counties are developing a “401-K” type plan. Existing employee plans have been frozen with future contributions put into a “401-K” type plan. The County could make a small percentage matching contribution, • no defined benefit plans for new employees, reducing the amount of benefits paid by the County, • reduce the pension plans for all employees, enabling them to retire earlier and allowing new employees to start at a lower salary and benefit levels, and/or delay pension payment until the employee reaches age 65, • reduce staff levels, consolidate functions, and review salaries, freeing money to pay down debt, • closer monitoring of investment risk, • full disclosure of unfunded liability, • no payment be given an employee who opts out of the health plan.
R18: 2. the MCERA Board insure that an independent audit be performed on past and present actuarial assumptions and make a full and transparent disclosure of the results to the public. (Findings 6-7, 9-12) 3. a citizens’ financial oversight committee be established to monitor the County obligations assumed by the transactions of the MCERA Board, and to bring a critical view, transparency and fresh ideas to the UAAL problem. (Findings 4, 6-7, 9-12,15) 4. the MCERA Board and Administrator closely monitor the impact of the retirement fund on the County budget, rather than comparing the performance with other counties. (All Findings) 5. all MCERA financial reports be structured so that both the actuarial value of assets and the market value of the pension fund assets (as of a specific date) be made public. (Findings 6, 8-9,11-12) 6. the MCERA conduct a review of excess earnings; develop a policy that articulates the definition of excess earnings and plans for future allocation. (Findings 4,6-8,10-12,15,17) 7. the MCERA Board monitor and study the issues and solutions developed by other counties. (Findings 7-20) , e.g.: • clearly state the Retirement Fund’s financial position regularly and, when necessary project the amount needed for recovery and develop a plan, • design a two tier retirement plan for employees. Other counties are developing a “401-K” type plan. Existing employee plans have been frozen with future contributions put into a “401-K” type plan. The County could make a small percentage matching contribution, • no defined benefit plans for new employees, reducing the amount of benefits paid by the County, • reduce the pension plans for all employees, enabling them to retire earlier and allowing new employees to start at a lower salary and benefit levels, and/or delay pension payment until the employee reaches age 65, • reduce staff levels, consolidate functions, and review salaries, freeing money to pay down debt, • closer monitoring of investment risk, • full disclosure of unfunded liability, • no payment be given an employee who opts out of the health plan. 8. The BOS immediately take steps to rectify the unfunded liability.
F16: The economic downturn which began in the fall of 2008 has compounded fiscal problems for cities and counties. Major cuts from the State have severely restricted County funds.
Related Recommendations (4)
R1: the MCERA Board adopt a rate of return that reflects the current economic environment and question the actuarial recommendations. (Findings 9-12,16- 18)
R4: the MCERA Board and Administrator closely monitor the impact of the retirement fund on the County budget, rather than comparing the performance with other counties. (All Findings)
R7: the MCERA Board monitor and study the issues and solutions developed by other counties. (Findings 7-20) , e.g.: • clearly state the Retirement Fund’s financial position regularly and, when necessary project the amount needed for recovery and develop a plan, • design a two tier retirement plan for employees. Other counties are developing a “401-K” type plan. Existing employee plans have been frozen with future contributions put into a “401-K” type plan. The County could make a small percentage matching contribution, • no defined benefit plans for new employees, reducing the amount of benefits paid by the County, • reduce the pension plans for all employees, enabling them to retire earlier and allowing new employees to start at a lower salary and benefit levels, and/or delay pension payment until the employee reaches age 65, • reduce staff levels, consolidate functions, and review salaries, freeing money to pay down debt, • closer monitoring of investment risk, • full disclosure of unfunded liability, • no payment be given an employee who opts out of the health plan.
R18: 2. the MCERA Board insure that an independent audit be performed on past and present actuarial assumptions and make a full and transparent disclosure of the results to the public. (Findings 6-7, 9-12) 3. a citizens’ financial oversight committee be established to monitor the County obligations assumed by the transactions of the MCERA Board, and to bring a critical view, transparency and fresh ideas to the UAAL problem. (Findings 4, 6-7, 9-12,15) 4. the MCERA Board and Administrator closely monitor the impact of the retirement fund on the County budget, rather than comparing the performance with other counties. (All Findings) 5. all MCERA financial reports be structured so that both the actuarial value of assets and the market value of the pension fund assets (as of a specific date) be made public. (Findings 6, 8-9,11-12) 6. the MCERA conduct a review of excess earnings; develop a policy that articulates the definition of excess earnings and plans for future allocation. (Findings 4,6-8,10-12,15,17) 7. the MCERA Board monitor and study the issues and solutions developed by other counties. (Findings 7-20) , e.g.: • clearly state the Retirement Fund’s financial position regularly and, when necessary project the amount needed for recovery and develop a plan, • design a two tier retirement plan for employees. Other counties are developing a “401-K” type plan. Existing employee plans have been frozen with future contributions put into a “401-K” type plan. The County could make a small percentage matching contribution, • no defined benefit plans for new employees, reducing the amount of benefits paid by the County, • reduce the pension plans for all employees, enabling them to retire earlier and allowing new employees to start at a lower salary and benefit levels, and/or delay pension payment until the employee reaches age 65, • reduce staff levels, consolidate functions, and review salaries, freeing money to pay down debt, • closer monitoring of investment risk, • full disclosure of unfunded liability, • no payment be given an employee who opts out of the health plan. 8. The BOS immediately take steps to rectify the unfunded liability.
F17: Investment funds have not fully recovered from the 2008 stock market downturn. Critics have projected it would take an increase of 17% per year for eight years to grow the MCERA investments back to cover the recent losses. Critics see this as an unrealistic expectation.
Related Recommendations (4)
R1: the MCERA Board adopt a rate of return that reflects the current economic environment and question the actuarial recommendations. (Findings 9-12,16- 18)
R4: the MCERA Board and Administrator closely monitor the impact of the retirement fund on the County budget, rather than comparing the performance with other counties. (All Findings)
R7: the MCERA Board monitor and study the issues and solutions developed by other counties. (Findings 7-20) , e.g.: • clearly state the Retirement Fund’s financial position regularly and, when necessary project the amount needed for recovery and develop a plan, • design a two tier retirement plan for employees. Other counties are developing a “401-K” type plan. Existing employee plans have been frozen with future contributions put into a “401-K” type plan. The County could make a small percentage matching contribution, • no defined benefit plans for new employees, reducing the amount of benefits paid by the County, • reduce the pension plans for all employees, enabling them to retire earlier and allowing new employees to start at a lower salary and benefit levels, and/or delay pension payment until the employee reaches age 65, • reduce staff levels, consolidate functions, and review salaries, freeing money to pay down debt, • closer monitoring of investment risk, • full disclosure of unfunded liability, • no payment be given an employee who opts out of the health plan.
R18: 2. the MCERA Board insure that an independent audit be performed on past and present actuarial assumptions and make a full and transparent disclosure of the results to the public. (Findings 6-7, 9-12) 3. a citizens’ financial oversight committee be established to monitor the County obligations assumed by the transactions of the MCERA Board, and to bring a critical view, transparency and fresh ideas to the UAAL problem. (Findings 4, 6-7, 9-12,15) 4. the MCERA Board and Administrator closely monitor the impact of the retirement fund on the County budget, rather than comparing the performance with other counties. (All Findings) 5. all MCERA financial reports be structured so that both the actuarial value of assets and the market value of the pension fund assets (as of a specific date) be made public. (Findings 6, 8-9,11-12) 6. the MCERA conduct a review of excess earnings; develop a policy that articulates the definition of excess earnings and plans for future allocation. (Findings 4,6-8,10-12,15,17) 7. the MCERA Board monitor and study the issues and solutions developed by other counties. (Findings 7-20) , e.g.: • clearly state the Retirement Fund’s financial position regularly and, when necessary project the amount needed for recovery and develop a plan, • design a two tier retirement plan for employees. Other counties are developing a “401-K” type plan. Existing employee plans have been frozen with future contributions put into a “401-K” type plan. The County could make a small percentage matching contribution, • no defined benefit plans for new employees, reducing the amount of benefits paid by the County, • reduce the pension plans for all employees, enabling them to retire earlier and allowing new employees to start at a lower salary and benefit levels, and/or delay pension payment until the employee reaches age 65, • reduce staff levels, consolidate functions, and review salaries, freeing money to pay down debt, • closer monitoring of investment risk, • full disclosure of unfunded liability, • no payment be given an employee who opts out of the health plan. 8. The BOS immediately take steps to rectify the unfunded liability.
F18: Revenues from property and sales taxes are decreasing.
Related Recommendations (4)
R1: the MCERA Board adopt a rate of return that reflects the current economic environment and question the actuarial recommendations. (Findings 9-12,16- 18)
R4: the MCERA Board and Administrator closely monitor the impact of the retirement fund on the County budget, rather than comparing the performance with other counties. (All Findings)
R7: the MCERA Board monitor and study the issues and solutions developed by other counties. (Findings 7-20) , e.g.: • clearly state the Retirement Fund’s financial position regularly and, when necessary project the amount needed for recovery and develop a plan, • design a two tier retirement plan for employees. Other counties are developing a “401-K” type plan. Existing employee plans have been frozen with future contributions put into a “401-K” type plan. The County could make a small percentage matching contribution, • no defined benefit plans for new employees, reducing the amount of benefits paid by the County, • reduce the pension plans for all employees, enabling them to retire earlier and allowing new employees to start at a lower salary and benefit levels, and/or delay pension payment until the employee reaches age 65, • reduce staff levels, consolidate functions, and review salaries, freeing money to pay down debt, • closer monitoring of investment risk, • full disclosure of unfunded liability, • no payment be given an employee who opts out of the health plan.
R18: 2. the MCERA Board insure that an independent audit be performed on past and present actuarial assumptions and make a full and transparent disclosure of the results to the public. (Findings 6-7, 9-12) 3. a citizens’ financial oversight committee be established to monitor the County obligations assumed by the transactions of the MCERA Board, and to bring a critical view, transparency and fresh ideas to the UAAL problem. (Findings 4, 6-7, 9-12,15) 4. the MCERA Board and Administrator closely monitor the impact of the retirement fund on the County budget, rather than comparing the performance with other counties. (All Findings) 5. all MCERA financial reports be structured so that both the actuarial value of assets and the market value of the pension fund assets (as of a specific date) be made public. (Findings 6, 8-9,11-12) 6. the MCERA conduct a review of excess earnings; develop a policy that articulates the definition of excess earnings and plans for future allocation. (Findings 4,6-8,10-12,15,17) 7. the MCERA Board monitor and study the issues and solutions developed by other counties. (Findings 7-20) , e.g.: • clearly state the Retirement Fund’s financial position regularly and, when necessary project the amount needed for recovery and develop a plan, • design a two tier retirement plan for employees. Other counties are developing a “401-K” type plan. Existing employee plans have been frozen with future contributions put into a “401-K” type plan. The County could make a small percentage matching contribution, • no defined benefit plans for new employees, reducing the amount of benefits paid by the County, • reduce the pension plans for all employees, enabling them to retire earlier and allowing new employees to start at a lower salary and benefit levels, and/or delay pension payment until the employee reaches age 65, • reduce staff levels, consolidate functions, and review salaries, freeing money to pay down debt, • closer monitoring of investment risk, • full disclosure of unfunded liability, • no payment be given an employee who opts out of the health plan. 8. The BOS immediately take steps to rectify the unfunded liability.
F19: Individual health care and retirement payroll contributions are increasing, while positions are being eliminated due to budgetary shortfall.
Related Recommendations (3)
R4: the MCERA Board and Administrator closely monitor the impact of the retirement fund on the County budget, rather than comparing the performance with other counties. (All Findings)
R7: the MCERA Board monitor and study the issues and solutions developed by other counties. (Findings 7-20) , e.g.: • clearly state the Retirement Fund’s financial position regularly and, when necessary project the amount needed for recovery and develop a plan, • design a two tier retirement plan for employees. Other counties are developing a “401-K” type plan. Existing employee plans have been frozen with future contributions put into a “401-K” type plan. The County could make a small percentage matching contribution, • no defined benefit plans for new employees, reducing the amount of benefits paid by the County, • reduce the pension plans for all employees, enabling them to retire earlier and allowing new employees to start at a lower salary and benefit levels, and/or delay pension payment until the employee reaches age 65, • reduce staff levels, consolidate functions, and review salaries, freeing money to pay down debt, • closer monitoring of investment risk, • full disclosure of unfunded liability, • no payment be given an employee who opts out of the health plan.
R18: 2. the MCERA Board insure that an independent audit be performed on past and present actuarial assumptions and make a full and transparent disclosure of the results to the public. (Findings 6-7, 9-12) 3. a citizens’ financial oversight committee be established to monitor the County obligations assumed by the transactions of the MCERA Board, and to bring a critical view, transparency and fresh ideas to the UAAL problem. (Findings 4, 6-7, 9-12,15) 4. the MCERA Board and Administrator closely monitor the impact of the retirement fund on the County budget, rather than comparing the performance with other counties. (All Findings) 5. all MCERA financial reports be structured so that both the actuarial value of assets and the market value of the pension fund assets (as of a specific date) be made public. (Findings 6, 8-9,11-12) 6. the MCERA conduct a review of excess earnings; develop a policy that articulates the definition of excess earnings and plans for future allocation. (Findings 4,6-8,10-12,15,17) 7. the MCERA Board monitor and study the issues and solutions developed by other counties. (Findings 7-20) , e.g.: • clearly state the Retirement Fund’s financial position regularly and, when necessary project the amount needed for recovery and develop a plan, • design a two tier retirement plan for employees. Other counties are developing a “401-K” type plan. Existing employee plans have been frozen with future contributions put into a “401-K” type plan. The County could make a small percentage matching contribution, • no defined benefit plans for new employees, reducing the amount of benefits paid by the County, • reduce the pension plans for all employees, enabling them to retire earlier and allowing new employees to start at a lower salary and benefit levels, and/or delay pension payment until the employee reaches age 65, • reduce staff levels, consolidate functions, and review salaries, freeing money to pay down debt, • closer monitoring of investment risk, • full disclosure of unfunded liability, • no payment be given an employee who opts out of the health plan. 8. The BOS immediately take steps to rectify the unfunded liability.
F20: For the first time, the number of retired County employees is expected to be greater than the number of current County employees, due to layoffs.
Related Recommendations (2)
R7: the MCERA Board monitor and study the issues and solutions developed by other counties. (Findings 7-20) , e.g.: • clearly state the Retirement Fund’s financial position regularly and, when necessary project the amount needed for recovery and develop a plan, • design a two tier retirement plan for employees. Other counties are developing a “401-K” type plan. Existing employee plans have been frozen with future contributions put into a “401-K” type plan. The County could make a small percentage matching contribution, • no defined benefit plans for new employees, reducing the amount of benefits paid by the County, • reduce the pension plans for all employees, enabling them to retire earlier and allowing new employees to start at a lower salary and benefit levels, and/or delay pension payment until the employee reaches age 65, • reduce staff levels, consolidate functions, and review salaries, freeing money to pay down debt, • closer monitoring of investment risk, • full disclosure of unfunded liability, • no payment be given an employee who opts out of the health plan.
R18: 2. the MCERA Board insure that an independent audit be performed on past and present actuarial assumptions and make a full and transparent disclosure of the results to the public. (Findings 6-7, 9-12) 3. a citizens’ financial oversight committee be established to monitor the County obligations assumed by the transactions of the MCERA Board, and to bring a critical view, transparency and fresh ideas to the UAAL problem. (Findings 4, 6-7, 9-12,15) 4. the MCERA Board and Administrator closely monitor the impact of the retirement fund on the County budget, rather than comparing the performance with other counties. (All Findings) 5. all MCERA financial reports be structured so that both the actuarial value of assets and the market value of the pension fund assets (as of a specific date) be made public. (Findings 6, 8-9,11-12) 6. the MCERA conduct a review of excess earnings; develop a policy that articulates the definition of excess earnings and plans for future allocation. (Findings 4,6-8,10-12,15,17) 7. the MCERA Board monitor and study the issues and solutions developed by other counties. (Findings 7-20) , e.g.: • clearly state the Retirement Fund’s financial position regularly and, when necessary project the amount needed for recovery and develop a plan, • design a two tier retirement plan for employees. Other counties are developing a “401-K” type plan. Existing employee plans have been frozen with future contributions put into a “401-K” type plan. The County could make a small percentage matching contribution, • no defined benefit plans for new employees, reducing the amount of benefits paid by the County, • reduce the pension plans for all employees, enabling them to retire earlier and allowing new employees to start at a lower salary and benefit levels, and/or delay pension payment until the employee reaches age 65, • reduce staff levels, consolidate functions, and review salaries, freeing money to pay down debt, • closer monitoring of investment risk, • full disclosure of unfunded liability, • no payment be given an employee who opts out of the health plan. 8. The BOS immediately take steps to rectify the unfunded liability.
F21: Prior GJ pension fund reports have been ignored by the BOS, evidenced by the fact that they have not adjusted the debt repayment.
Findings & Recommendations 31 findings
F1: California State laws and local ordinances are numerous, inconsistent, and subject to interpretation. Contiguous counties have different possession limits. Several court decisions have changed or negated parts of marijuana laws.
Related Recommendations (1)
R1: the Mendocino County Sheriff’s Office continue to enforce all laws pertaining to marijuana grows. (Findings 1, 6-9,12-14,18-19)
F2: One of three possible propositions or initiatives on the November, 2010, ballot will be AB 390. California’s Marijuana Control, Regulation and Education Act, if passed will: (cid:121) remove criminal penalties for personal marijuana possession and cultivation for adults over the age of 21. Adults can use marijuana at home; using marijuana in public would be a $100 fine, (cid:121) allows persons 21 or older to grow up to six mature plants. If a garden is outdoors, the plants cannot be visible to the public, (cid:121) legalizes the possession and/or sales of marijuana paraphernalia for adults, (cid:121) allows cultivation of industrial hemp, (cid:121) does not remove penalties for marijuana possession and/or sales on school grounds, (cid:121) does not change existing laws protecting medical marijuana patients, nor does it impose additional taxes on marijuana obtained for medical purposes, (cid:121) does not affect the rights of employers to drug test, terminate, or deny employment to individuals based on marijuana use, (cid:121) institutes a regulatory system for commercial growers, processors, wholesalers, and retailers, to go into effect 30 days after a change in Federal law allowing states to set their own marijuana policies. A fee of $50 per ounce of marijuana would be assessed on retailers, similar to alcohol stamp taxation.
F3: In February 2010, a 10-year study from UCSD reports that marijuana is effective in relief of muscle spasms for patients, such as those with multiple sclerosis and other neurological conditions. The same pain reduction was achieved with low doses of psychoactive ingredients as with high doses.
F4: Patients requiring treatment with marijuana must obtain a doctor’s
F5: In 2009, the Mendocino County Sheriff’s Office, (MCSO), initiated a “zip-tie” program that provides comfort for medical users by instituting a $25 fee for each medically approved plant. The plants, with serial numbered zip-ties, are easily identified as medical by law enforcement officers.
Related Recommendations (2)
R2: the Mendocino County Board of Supervisors use the zip-tie funds for a six month full time position for the administration of the program. (Finding 5)
R3: the Mendocino County Sheriff’s Office continue to administer the “zip-tie” program and develop other programs that will eliminate costs and create revenue. (Finding 5)
F6: It is estimated that there were more than five million plants grown in Mendocino County in 2009.
Related Recommendations (1)
R1: the Mendocino County Sheriff’s Office continue to enforce all laws pertaining to marijuana grows. (Findings 1, 6-9,12-14,18-19)
F7: Law enforcement records show that 541,250 illegal plants were seized from 256 sites in 2009, including 15,709 indoor plants and 525,541 outdoor plants.
Related Recommendations (1)
R1: the Mendocino County Sheriff’s Office continue to enforce all laws pertaining to marijuana grows. (Findings 1, 6-9,12-14,18-19)
F8: In 2009, it was estimated that only 10% of illegal plants were seized in the County.
Related Recommendations (1)
R1: the Mendocino County Sheriff’s Office continue to enforce all laws pertaining to marijuana grows. (Findings 1, 6-9,12-14,18-19)
F9: In 2009, other drugs found were, methamphetamine, hashish, LSD, oxycodone, and hallucinogenic mushrooms.
Related Recommendations (1)
R1: the Mendocino County Sheriff’s Office continue to enforce all laws pertaining to marijuana grows. (Findings 1, 6-9,12-14,18-19)
F10: Each year more officer time is expended for marijuana related crimes. MCSO has been budgeted the same number of officers for the past 40 years.
Related Recommendations (1)
R4: the Mendocino County Board of Supervisors not decrease the number of Sheriff’s Deputy positions in the budget. (Finding 10)
F11: MCSO receives hundreds of calls complaining about the strong odor of growing marijuana.
F12: Illegal marijuana gardens consume County resources, e.g.: (cid:121) law enforcement agencies contribute 25% of their resources and time in the summer for eradication of marijuana. (cid:121) in the winter,10% of resources and time are spent on enforcement of illegal drug activity, including court time, (cid:121) MCDAO estimates 40% of their workload is dedicated to investigation and prosecution of illegal grows, (cid:121) Child Protective Service is called when children are found at a drug bust, (cid:121) those arrested may be receiving public aid and other social services, (cid:121) dirt road erosion and deterioration caused by excessive traffic and speeding vehicles, (cid:121) costly clean-up from fuel spills, fertilizers, and poisons.
Related Recommendations (2)
R1: the Mendocino County Sheriff’s Office continue to enforce all laws pertaining to marijuana grows. (Findings 1, 6-9,12-14,18-19)
R5: the Mendocino County District Attorney prosecute or dismiss all similar cases equally. (Findings 12, 20-24)
F13: Illegal marijuana farming has become a public nuisance; e.g., the strong odor from the marijuana plants impacts neighbors.
Related Recommendations (1)
R1: the Mendocino County Sheriff’s Office continue to enforce all laws pertaining to marijuana grows. (Findings 1, 6-9,12-14,18-19)
F14: Foreign nationals are present in our County, representing cartels and syndicates, who trespass, are responsible for large grows on public and private lands.
Related Recommendations (1)
R1: the Mendocino County Sheriff’s Office continue to enforce all laws pertaining to marijuana grows. (Findings 1, 6-9,12-14,18-19)
F15: Each plant requires one to two gallons of water per day for maximum production. Water is diverted from streams, trucked over dirt roads to remote grows; landowners have reported their water stolen.
F16: Chemical fertilizers are being leached into water sources.
F17: Pesticides and rat poisons are illegally transported from Mexico and are used on marijuana gardens.
F18: Illegal diversion of streams, spills of diesel fuel, hazardous waste, poisoning and killing of wildlife, erosion, and massive dumping of plastic debris and other trash, has caused an environmental disaster.
Related Recommendations (1)
R1: the Mendocino County Sheriff’s Office continue to enforce all laws pertaining to marijuana grows. (Findings 1, 6-9,12-14,18-19)
F19: Legal and illegal gardens are often protected by aggressive canines and armed laborers, representing a threat to the public, and effectively limiting access to public lands.
Related Recommendations (1)
R1: the Mendocino County Sheriff’s Office continue to enforce all laws pertaining to marijuana grows. (Findings 1, 6-9,12-14,18-19)
F20: There is such an abundance of illegal marijuana grow cases that the MCDAO has declined to prosecute certain cases, citing lack of staff.
Related Recommendations (1)
R5: the Mendocino County District Attorney prosecute or dismiss all similar cases equally. (Findings 12, 20-24)
F21: The County District Attorney issued an internal office memo which stated the office would not prosecute marijuana cases below 200 plants seized. This memo was leaked to the press and later rescinded.
Related Recommendations (1)
R5: the Mendocino County District Attorney prosecute or dismiss all similar cases equally. (Findings 12, 20-24)
F22: It was reported to the GJ that there is inconsistency in prosecuting or dismissing similar cases.
Related Recommendations (1)
R5: the Mendocino County District Attorney prosecute or dismiss all similar cases equally. (Findings 12, 20-24)
F23: Some County citizens believe that growing and/or using medical marijuana is a legal defense against prosecution.
Related Recommendations (1)
R5: the Mendocino County District Attorney prosecute or dismiss all similar cases equally. (Findings 12, 20-24)
F24: Illegal growers may have their cash, vehicles, equipment, or other assets seized and forfeited.
Related Recommendations (1)
R5: the Mendocino County District Attorney prosecute or dismiss all similar cases equally. (Findings 12, 20-24)
F25: Marijuana is so abundant that it is used as currency, green cash, to trade for other illegal drugs or goods.
F26: Oversupply of marijuana in Mendocino County has caused the local price to drop to less than $2,000 per pound; whereas the price in Chicago is approximately $7,000 per pound and $4,500 in the state of Georgia.
F27: Marijuana is regularly shipped to customers throughout the nation by commercial and private carriers.
F28: Growers illegally bypass meters and pilfer electricity to grow crops indoors. Overload of electricity combined with inadequate wiring has caused structure fires.
F29: Rat poison has been found placed every 10 to 15 feet along a row of marijuana plants. Instructions on use clearly state that this product is not to be placed near plants that may be consumed by humans, and will poison domestic and wild animals. Animals or birds that ingest poisoned rats or other animals will themselves die of poisoning.
F30: Chemical fertilizer products, illegally imported from Mexico, have been found in these gardens. Law enforcement states that used and unused bags are left at grow sites. Rain or irrigation causes the chemicals to run into streams, ponds, and lakes.
F31: Law enforcement and the legal community cannot agree on the definition of a mature plant
Related Recommendations (1)
R6: Law enforcement and the legal community establish a uniform definition of a mature marijuana plant
Findings & Recommendations 19 findings
F1: Beginning in 2009, NOAA issued a biological opinion which placed flow controls on water releases from Lake Mendocino in order to protect endangered salmonids, without regard to the needs of local farmers and the economy of the region.
F2: On November 18, 2009, the NOAA forced SCWA to reopen the1986 Decision 1610 by Spring of 2011 to decrease the flow of water from Lake Mendocino to reduce velocity in the Russian River, from 185 cubic feet/second to 125 cubic feet/second.
F3: The FERC restricted the flow into the Eel River diversion canal, Decision 77, reducing the flow into Lake Mendocino by approximately 33%. Friends of the Eel River filed a petition with the SWRCB to eliminate all diversions of water from the Eel River.
Related Recommendations (1)
R5: the Corps needs to re-examine the assumptions used in the Coyote Dam Operations Manual. New rules should reflect the additional purposes, community needs, and water usage trends of the reservoir, along with climate changes in Northern California. (Findings 3-7)
F4: Lake Mendocino was originally built for flood control. Control of water release is based on date and/or storage level. These agencies have control: Corps, RRFCD, and SCWA.
Related Recommendations (1)
R5: the Corps needs to re-examine the assumptions used in the Coyote Dam Operations Manual. New rules should reflect the additional purposes, community needs, and water usage trends of the reservoir, along with climate changes in Northern California. (Findings 3-7)
F5: Mendocino County and RRFCD, have rights to only 8,000 acre feet per year from Lake Mendocino regardless of lake level. SCWA has majority rights to the water in Lake Mendocino, (37,544 acre feet/year). They sell water to Mendocino, Sonoma, and Marin Counties.
Related Recommendations (1)
R5: the Corps needs to re-examine the assumptions used in the Coyote Dam Operations Manual. New rules should reflect the additional purposes, community needs, and water usage trends of the reservoir, along with climate changes in Northern California. (Findings 3-7)
F6: The Corps has used the same manual to govern the management of the dam since the 1950’s. The dam’s original purpose was flood control.
Related Recommendations (1)
R5: the Corps needs to re-examine the assumptions used in the Coyote Dam Operations Manual. New rules should reflect the additional purposes, community needs, and water usage trends of the reservoir, along with climate changes in Northern California. (Findings 3-7)
F7: An independent report to the SWRCB on November 18, 2009, stated that Mendocino County agricultural related production, receipts, and payroll for 2008 accounted for $458 million.
Related Recommendations (1)
R5: the Corps needs to re-examine the assumptions used in the Coyote Dam Operations Manual. New rules should reflect the additional purposes, community needs, and water usage trends of the reservoir, along with climate changes in Northern California. (Findings 3-7)
F8: URSA, RWVD, and RRFCD jointly installed USGS gauges in the river at Talmage to monitor water flow and frost control draw downs from the Russian River.
Related Recommendations (1)
R4: a JPA formed for the development for consolidation of districts, be fashioned like Upper Russian River Sustainability Alliance’s agreement of joint cooperation. (Findings 8-9)
F9: Farmers are constructing ponds on their properties to store water for frost control and irrigation, to mitigate the drawdown of river water.
Related Recommendations (1)
R4: a JPA formed for the development for consolidation of districts, be fashioned like Upper Russian River Sustainability Alliance’s agreement of joint cooperation. (Findings 8-9)
F10: There is no centralized governance over the management of water in this County and no one agency speaks for the water needs of this County. The MCWA, a special district created by the State Legislature, has no water rights and little authority or funding.
Related Recommendations (2)
R1: a joint powers authority1, (JPA), be established to work with LAFCo to develop a unified organization that has the resources to meet the needs of all districts in a consistent and professional manner, and to speak with one voice and one vision. The consolidated authority would represent interests from the Russian River South to the Sonoma County line. (All Findings) 1 A Joint Powers Authority (JPA) is an institution permitted under the law, whereby two or more public authorities (e.g. local governments, or utility or transport districts) can operate collectively.
R2: Mendocino County Water Agency, which has no control over water rights, become more involved with districts by providing guidance on conservation measures, public training, uniform controls, and legislative assistance. The staff must provide leadership in the process of consolidating water districts and/or establishing a JPA. (Finding 10)
F11: This County is at an extreme disadvantage communicating its needs with regulatory agencies, because there are many entities with competing interests, voices, and territorial disputes. Sonoma County is successful; they control more water and speak with one powerful voice.
Related Recommendations (1)
R1: a joint powers authority1, (JPA), be established to work with LAFCo to develop a unified organization that has the resources to meet the needs of all districts in a consistent and professional manner, and to speak with one voice and one vision. The consolidated authority would represent interests from the Russian River South to the Sonoma County line. (All Findings) 1 A Joint Powers Authority (JPA) is an institution permitted under the law, whereby two or more public authorities (e.g. local governments, or utility or transport districts) can operate collectively.
F12: County water districts lack the funding they need for effective management and capital improvements. Many of their installations and equipment are undersized and outmoded. Their limited number of rate-payers makes it impossible to fund needed improvements, such as water storage and conveyance.
F13: There is no comprehensive plan for water sharing within the County. Millview and RVWD have instituted moratoriums on new hookups.
F14: Each of the small districts has something to offer that could be shared and utilized for the good of County water users.
F15: LAFCo is legally mandated to study and evaluate current operations of local governments/special districts in order to discourage overlapping jurisdictions and duplication of services.
F16: LAFCo sets guidelines for the merger of districts and encourages small districts to restructure into a viable entity. One water district manager is now serving three of these small districts. All districts still maintain a Board of Directors, individual budgets, policies and procedures.
F17: The City of Ukiah produces approximately 4,000 acre feet of treated waste water each year, currently stored in percolation ponds near the Russian River.
Related Recommendations (1)
R3: the City of Ukiah develops uses for treated waste water other than storing it in percolation ponds; the City of Ukiah promotes negotiations with regional water managers to develop infrastructure funding for alternative uses of treated waste water. (Findings 17-18)
F18: In 2002, City of Ukiah staff claimed that they were exploring the possibility of using treated waste water for the Municipal Golf Course, city parks, and the Ukiah Cemetery District. In the 2002-2003 GJ Final Report, Recommendation C, was to continue efforts to use treated waste water for the Municipal Golf Course, City Parks and the Cemetery District.
Related Recommendations (1)
R3: the City of Ukiah develops uses for treated waste water other than storing it in percolation ponds; the City of Ukiah promotes negotiations with regional water managers to develop infrastructure funding for alternative uses of treated waste water. (Findings 17-18)
F2011: The use of water in agricultural frost control has the potential of drawing significant water from the river, and negatively impacting water levels for fish habitat. Seven water districts in the Russian River Flood Control District, (RRFCD), as well as other entities within the County provide water to residential, commercial, and agricultural users. These entities speak only for their own needs. There is an absence of common governance over water management, for which the County has suffered economically and politically. The Valley-Wide Task Force of 1990 and four subsequent Grand Jury, (GJ), reports have pointed out that there is a need for one voice for the management of the Russian River watershed. There must be consistent policy, uniform conservation practices, better communications and enforcement, professional management, and fiscal responsibility. Twenty years ago, County residents were not being pressured by lobbies, lawsuits, legislation, and regulatory action; it is imperative that County residents take this action now. Lobbies, Lawsuits & Legislation 2010 Mendocino County Grand Jury Methods The GJ interviewed elected officials and employees of the cities of Willits, Ukiah, the County, special districts, other jurisdictions, and attended public meetings, reviewed reports and statistical analyses concerning Lake Mendocino and the Russian River watershed. Background The Russian River Valley in Mendocino County has a mix of independent water providers. There is no coherent central agency managing water. From the time the Coyote Valley Dam was completed, the Sonoma County Water Agency, (SCWA), has had majority control of the water because they had financial support and voter approval necessary to invest in the dam project. Sonoma County has consistently supported one consolidated county water agency. SCWA paid for its share of the bonds, which funded the construction of the dam, through revenue generated by the sale of water. Mendocino County voters have consistently rejected the concept of a unified county water agency. The Mendocino County Russian River watershed, which benefits from the dam, paid for their share of water through property assessment. The RRFCD has a small staff, 8,000 acre feet of water rights, and aging infrastructures with limited financial reserves for maintenance and improvement. SCWA, by contrast, has approximately $150 million in capital reserves, a staff of over 200 professionals, and a coherent voice, that has enabled it to take the lead in dealing with legislators and regulators. Lake Mendocino is the major collector and distributor of water for the Russian River. The water contained in Lake Mendocino comes from its watershed and from the diversion canal maintained by Pacific Gas & Electric, (PG&E), which routes Eel River water through the Potter Valley tunnel with a controlled flow into the East Fork of the Russian River. The Eel River diversion average annual flow was 154,000 acre feet, and has been reduced by approximately 50,000 acre feet. The Friends of the Eel River organization has filed a notice to eliminate all diversions of Eel River water. Recent water flow concerns below the Coyote Valley Dam have drawn the attention of regulatory agencies and prompted hearings chaired by the SWRCB. SWRCB plans to begin monitoring frost control management in 2011. The use of the water for agricultural frost control has the potential of drawing significant water from the river and negatively impacting water levels for fish habitat. Lobbies, Lawsuits & Legislation 2010 Mendocino County Grand Jury The Russian River watershed is facing a number of legal and regulatory challenges which will question the ownership and management of water coming from Lake Mendocino. Local agricultural interests have banded together to develop strategies to reduce their demand for river water, (e.g. ponds for frost protection, improved irrigation, etc.), and to develop strategies to counter regulatory action. Beyond water used for agriculture, the City of Ukiah sewer plant has significant treated waste water available for landscaping and irrigation. In the Ukiah Valley, there is no infrastructure to deliver treated water. Water conservation has become increasing important with 50% imposed customer rationing in 2009. The present demand for water is making the use of treated water necessary. The Russian River Valley is peppered with wells, which are not clearly delineated as containing ground or surface water. It is difficult to determine the source of well water. The source of the well water and the impact of continued drawing on this water must be determined. The SWRCB has the power to define the water source. Although Potter Valley is not within the scope of this report, the flow coming from the Potter Valley Diversion Canal directly impacts the flow of water into Lake Mendocino via the East Fork of the Russian River. This flow was reduced approximately 30% in 2009 due to Federal Energy Regulatory Commission, (FERC). Challenges to the diversion of Eel River waters are increasing and this issue is a major area of concern. Water districts/providers: • Calpella Water District Service Agreement Area • City of Ukiah Water Service Area • Hopland Public Utility District • Millview Water District • Potter Valley Irrigation District • Redwood Valley Water District • Russian River Flood Control District (RRFCD) • Willow Water District Local water associations and agencies: • Mendocino County Inland Water • Mendocino County Board of and Power Commission (MCIWPC) Supervisors, serving as: Mendocino • Upper Russian River Sustainability County Water Agency, (MCWA) Alliance (URSA) Lobbies, Lawsuits & Legislation 2010 Mendocino County Grand Jury Outside agencies and/or providers: • Army Corps of Engineers, (the • California Department of Fish and Game, (DFG) Corps) • Federal Energy Regulatory • Local Agency Formation Commission, (LAFCo) Commission, (FERC) • Mendocino County Farm Bureau, • National Marine Fisheries Service, (NOAA-Fisheries) (MCFB) • Sonoma County Water Agency, • State Water Regional Control Board, (SWRCB) (SCWA) • United States Forest Service, (USFS) Findings 1. Beginning in 2009, NOAA issued a biological opinion which placed flow controls on water releases from Lake Mendocino in order to protect endangered salmonids, without regard to the needs of local farmers and the economy of the region.
Findings & Recommendations 31 findings
F1: Many programs in the County are supported by combinations of funds from several sources including Medi-CAL, Federal and State agencies, and special education fund through Special Education Local Planning Area, (SELPA).
Related Recommendations (2)
R1: Mendocino County Health and Human Services Agency continue to maximize programs for children and youth by maintaining partnership programs with County non-profit agencies. (Findings 1-2, 11, 14-19, 22- 23, 28-30, 33)
R6: it is critical that County Mental Health Services staff improve record keeping and billing processes for Medi-CAL, to maximize revenues, and to learn how to bill insurance providers other than Medi-CAL. (Findings 1, 25, 32)
F2: Multiple agencies utilize programs, making it difficult to determine who is responsible for management and oversight.
Related Recommendations (2)
R1: Mendocino County Health and Human Services Agency continue to maximize programs for children and youth by maintaining partnership programs with County non-profit agencies. (Findings 1-2, 11, 14-19, 22- 23, 28-30, 33)
R2: given the declining resources available and the diminishing number of children in foster care, the three foster care agencies work collaboratively by having quarterly meetings, and to eliminate duplication of administrative services and costs. (Findings 2-3, 5, 7-8, 10, 14-15, 20-23)
F3: Child Protective Services, (CPS), investigates all reported instances of suspected child abuse or neglect. The agency is responsible to monitor the child’s welfare until reunification or permanent placement is determined.
Related Recommendations (2)
R2: given the declining resources available and the diminishing number of children in foster care, the three foster care agencies work collaboratively by having quarterly meetings, and to eliminate duplication of administrative services and costs. (Findings 2-3, 5, 7-8, 10, 14-15, 20-23)
R5: the Probation Department/Courts reinstate Juvenile Drug Court and find funding for Teen Court, (VORP). (Findings 3, 18-19, 24, 26-29, 30-31)
F4: Children are removed by CPS for parental incarceration and/or neglect, abuse, substance abuse, or mental illness.
Related Recommendations (1)
R3: all possible support be given by Mendocino County Health and Human Services Agency, Children and Family Systems of Care to in-County programs that diagnose and treat young children with mental health issues. It is imperative to continue to provide support for parenting programs that lead to family reunification. (Findings 4-5, 11, 14-16, 19, 22- 24, 31)
F5: Placement with a family member or family friend is considered preferable to placement with a foster family, State agency, or group home. Foster care placements tend to be for young people with emotional, developmental disabilities, special needs, and children without a suitable family member for placement.
Related Recommendations (1)
R3: all possible support be given by Mendocino County Health and Human Services Agency, Children and Family Systems of Care to in-County programs that diagnose and treat young children with mental health issues. It is imperative to continue to provide support for parenting programs that lead to family reunification. (Findings 4-5, 11, 14-16, 19, 22- 24, 31)
F6: The County no longer licenses foster homes. Licensing is now the responsibility of the State.
F7: Most foster homes in this County are supervised by three local non-profit agencies that provide other services to youth and ongoing training to foster parents.
Related Recommendations (1)
R2: given the declining resources available and the diminishing number of children in foster care, the three foster care agencies work collaboratively by having quarterly meetings, and to eliminate duplication of administrative services and costs. (Findings 2-3, 5, 7-8, 10, 14-15, 20-23)
F8: The local agencies that serve foster children and youth of all ages are: • True to Life Children’s Services (TLC): Provides a 14 bed Emergency Care shelter for children taken from their homes by CPS. TLC services include an initial 30 day assessment of the children. • Redwood Children’s Services (RCS): In 2009, serving Lake and Mendocino Counties, RCS provided care for 50-70 children, between the ages of 8-12, with challenges that set them at risk of placement in a group home. RCS provides comprehensive mental health treatment, including after-school and summer programs, in-home and community-based support services, and foster family respite care. RCS also provides transitional services for ages 18-24, as well as an intensive emergency shelter for significant behavioral problems. • Tapestry Family Services (TFS): provides two levels of foster services: treatment foster care and intensive treatment foster care. TFS also provides comprehensive mental health treatment, after-school and summer programs, in-home and respite care. • Mendocino County Children Center, (MC3), is an emergency shelter with six beds for short term placement for children, aged 7-17, needing assessment or transitioning between foster care and group home placement.
Related Recommendations (1)
R2: given the declining resources available and the diminishing number of children in foster care, the three foster care agencies work collaboratively by having quarterly meetings, and to eliminate duplication of administrative services and costs. (Findings 2-3, 5, 7-8, 10, 14-15, 20-23)
F9: Kinship placements are supervised by CPS case managers; as long as the case remains open.
F10: Foster parents receive a basic payment per month, per child. The amount of payment depends on the age of the child and the level of care.
F11: The Children and Family Systems of Care are utilizing AB163 Mental Health Services Act funds to provide “wraparound” for children with severe problems, and are at risk for level 10-14 group home placement.
F12: When foster children are adopted, the adoptive parents may receive payment for special care, without the child or family being monitored.
F13: When children adopted from foster care develop mental or behavioral problems, many are placed in group homes.
F14: Foster parents are currently required to be trained to work with children with emotional needs, developmental disabilities, or other special needs.
Related Recommendations (3)
R1: Mendocino County Health and Human Services Agency continue to maximize programs for children and youth by maintaining partnership programs with County non-profit agencies. (Findings 1-2, 11, 14-19, 22- 23, 28-30, 33)
R2: given the declining resources available and the diminishing number of children in foster care, the three foster care agencies work collaboratively by having quarterly meetings, and to eliminate duplication of administrative services and costs. (Findings 2-3, 5, 7-8, 10, 14-15, 20-23)
R3: all possible support be given by Mendocino County Health and Human Services Agency, Children and Family Systems of Care to in-County programs that diagnose and treat young children with mental health issues. It is imperative to continue to provide support for parenting programs that lead to family reunification. (Findings 4-5, 11, 14-16, 19, 22- 24, 31)
F15: The cost of sending children to group homes or special programs out of County is very expensive and all options to keep children close to home are considered first.
Related Recommendations (3)
R1: Mendocino County Health and Human Services Agency continue to maximize programs for children and youth by maintaining partnership programs with County non-profit agencies. (Findings 1-2, 11, 14-19, 22- 23, 28-30, 33)
R2: given the declining resources available and the diminishing number of children in foster care, the three foster care agencies work collaboratively by having quarterly meetings, and to eliminate duplication of administrative services and costs. (Findings 2-3, 5, 7-8, 10, 14-15, 20-23)
R3: all possible support be given by Mendocino County Health and Human Services Agency, Children and Family Systems of Care to in-County programs that diagnose and treat young children with mental health issues. It is imperative to continue to provide support for parenting programs that lead to family reunification. (Findings 4-5, 11, 14-16, 19, 22- 24, 31)
F16: Medical screening and care are currently available in the County, from birth to 19 years, through Medi-CAL, Children’s Health and Development Program, (CHDP), Healthy Families Program, and supplemental funds from First 5 for Healthy Children Mendocino. Not all eligible families have applied for this service. Funding for these programs is at risk. Eligible families must apply immediately for this service or lose the opportunity.
Related Recommendations (2)
R1: Mendocino County Health and Human Services Agency continue to maximize programs for children and youth by maintaining partnership programs with County non-profit agencies. (Findings 1-2, 11, 14-19, 22- 23, 28-30, 33)
R3: all possible support be given by Mendocino County Health and Human Services Agency, Children and Family Systems of Care to in-County programs that diagnose and treat young children with mental health issues. It is imperative to continue to provide support for parenting programs that lead to family reunification. (Findings 4-5, 11, 14-16, 19, 22- 24, 31)
F17: First 5 is an agency that funds several programs for young children ages 0- 5 years. These include improved parenting and child care techniques, programs for diagnosing potential problems and supporting early medical treatment.
Related Recommendations (1)
R1: Mendocino County Health and Human Services Agency continue to maximize programs for children and youth by maintaining partnership programs with County non-profit agencies. (Findings 1-2, 11, 14-19, 22- 23, 28-30, 33)
F18: School Districts receive substance abuse prevention services from a variety of sources including: the County, non-profit agencies, State and Federal grants, and Asset Forfeiture funds.
Related Recommendations (3)
R1: Mendocino County Health and Human Services Agency continue to maximize programs for children and youth by maintaining partnership programs with County non-profit agencies. (Findings 1-2, 11, 14-19, 22- 23, 28-30, 33)
R4: Mendocino County Health and Human Services Agency continue to pursue funding for alcohol and drug treatment programs for youth, and to contract with non-profits to provide counseling services. (Findings 18-19, 22-24, 26-27, 30-31, 33)
R5: the Probation Department/Courts reinstate Juvenile Drug Court and find funding for Teen Court, (VORP). (Findings 3, 18-19, 24, 26-29, 30-31)
F19: Joint educational programs are funded and staffed through agreements between the County Probation Department, Mendocino County Office of Education, (MCOE), and Mental Health.
Related Recommendations (3)
R1: Mendocino County Health and Human Services Agency continue to maximize programs for children and youth by maintaining partnership programs with County non-profit agencies. (Findings 1-2, 11, 14-19, 22- 23, 28-30, 33)
R4: Mendocino County Health and Human Services Agency continue to pursue funding for alcohol and drug treatment programs for youth, and to contract with non-profits to provide counseling services. (Findings 18-19, 22-24, 26-27, 30-31, 33)
R5: the Probation Department/Courts reinstate Juvenile Drug Court and find funding for Teen Court, (VORP). (Findings 3, 18-19, 24, 26-29, 30-31)
F20: There are approximately 300 children currently in foster care in the County. Thirty percent funding for foster care programs comes from Aid to Families with Dependent Children, (AFDC). The remaining seventy percent is split 50/50 from State and Federal funding. In 2009, the State reduced its contribution by $80 million statewide.
Related Recommendations (1)
R2: given the declining resources available and the diminishing number of children in foster care, the three foster care agencies work collaboratively by having quarterly meetings, and to eliminate duplication of administrative services and costs. (Findings 2-3, 5, 7-8, 10, 14-15, 20-23)
F21: There has been a decline in numbers of children in foster care due to kinship placement. However, agencies are dealing with children having more severe problems and the focus has changed from basic care to providing support programs for youths requiring intensive treatment.
Related Recommendations (1)
R2: given the declining resources available and the diminishing number of children in foster care, the three foster care agencies work collaboratively by having quarterly meetings, and to eliminate duplication of administrative services and costs. (Findings 2-3, 5, 7-8, 10, 14-15, 20-23)
F22: Foster care is terminated at age 18 unless the youth is still in high school and will graduate before age 19. When these youth age out of foster care, limited resources are available to them. Their needs include housing, education, medical care, employment opportunities and skills, and emotional/social support.
Related Recommendations (4)
R1: Mendocino County Health and Human Services Agency continue to maximize programs for children and youth by maintaining partnership programs with County non-profit agencies. (Findings 1-2, 11, 14-19, 22- 23, 28-30, 33)
R2: given the declining resources available and the diminishing number of children in foster care, the three foster care agencies work collaboratively by having quarterly meetings, and to eliminate duplication of administrative services and costs. (Findings 2-3, 5, 7-8, 10, 14-15, 20-23)
R3: all possible support be given by Mendocino County Health and Human Services Agency, Children and Family Systems of Care to in-County programs that diagnose and treat young children with mental health issues. It is imperative to continue to provide support for parenting programs that lead to family reunification. (Findings 4-5, 11, 14-16, 19, 22- 24, 31)
R4: Mendocino County Health and Human Services Agency continue to pursue funding for alcohol and drug treatment programs for youth, and to contract with non-profits to provide counseling services. (Findings 18-19, 22-24, 26-27, 30-31, 33)
F23: The following are joint services and agencies that MCOE, County social services and mental health services and non-profit agencies operate as partnerships: • Transitional Housing Programs THP-Plus: Programs for emancipated foster youth, aged 18-24, offering a two-year opportunity to learn independent living skills, find employment, and support for continuing education. This program is at risk of being defunded by the Governor. • Transitional Housing Placement Program provides placement in mentor homes for ages 16-18. • TAY Wellness: A partnership with County mental health services, which provides independent living skills. Their goals are to stabilize housing, increase employability, continue education, and provide access to community resources. • Mendocino House: An in-County group home created by inter-agency participation for youth with behavioral disorders. When entering the program, an individual transitional plan is developed for each youth. They are expected to graduate from the program within six to nine months. • Arbor on Main Youth Resource Center: A resource center where young people, aged 15-24, can access free services; including basic health education, medical referrals, sex education, resume writing, clothes for job interviews, computer access, opportunities for socialization and help in finding housing. The Governor is threatening to reduce this funding.
Related Recommendations (4)
R1: Mendocino County Health and Human Services Agency continue to maximize programs for children and youth by maintaining partnership programs with County non-profit agencies. (Findings 1-2, 11, 14-19, 22- 23, 28-30, 33)
R2: given the declining resources available and the diminishing number of children in foster care, the three foster care agencies work collaboratively by having quarterly meetings, and to eliminate duplication of administrative services and costs. (Findings 2-3, 5, 7-8, 10, 14-15, 20-23)
R3: all possible support be given by Mendocino County Health and Human Services Agency, Children and Family Systems of Care to in-County programs that diagnose and treat young children with mental health issues. It is imperative to continue to provide support for parenting programs that lead to family reunification. (Findings 4-5, 11, 14-16, 19, 22- 24, 31)
R4: Mendocino County Health and Human Services Agency continue to pursue funding for alcohol and drug treatment programs for youth, and to contract with non-profits to provide counseling services. (Findings 18-19, 22-24, 26-27, 30-31, 33)
F24: Services to teens with drug and alcohol problems were transferred to Mental Health Services, under the Children & Family Systems of Care. Services are limited to Medi-CAL recipients due to difficulty in billing. One counselor was available when the administrative staff was interviewed.
Related Recommendations (2)
R3: all possible support be given by Mendocino County Health and Human Services Agency, Children and Family Systems of Care to in-County programs that diagnose and treat young children with mental health issues. It is imperative to continue to provide support for parenting programs that lead to family reunification. (Findings 4-5, 11, 14-16, 19, 22- 24, 31)
R4: Mendocino County Health and Human Services Agency continue to pursue funding for alcohol and drug treatment programs for youth, and to contract with non-profits to provide counseling services. (Findings 18-19, 22-24, 26-27, 30-31, 33)
F25: The County is required to return large sums of money (millions) to the State due to the 2004-2005 Audit of Medical Costs Reports finding errors in billing for mental health services. The County is appealing the audit finding.
F26: County youth are particularly vulnerable to problems with drugs and alcohol. Sixty students at Ukiah High School were expelled this year for selling drugs on school premises. School authorities reported freshmen arriving at school under the influence of drugs.
Related Recommendations (2)
R4: Mendocino County Health and Human Services Agency continue to pursue funding for alcohol and drug treatment programs for youth, and to contract with non-profits to provide counseling services. (Findings 18-19, 22-24, 26-27, 30-31, 33)
R5: the Probation Department/Courts reinstate Juvenile Drug Court and find funding for Teen Court, (VORP). (Findings 3, 18-19, 24, 26-29, 30-31)
F27: Alcohol and drug treatment services are available on the Ukiah High School and Anderson Valley campuses through a contract with the Health and Human Services Agency. 28. “Teen Peer Court”, managed by Victim Offender Rehabilitation Program, (VORP), a court supervised program, allows teens to participate in the legal process, judge each other on behaviors, and determine appropriate consequences, is at risk of closing.
Related Recommendations (2)
R4: Mendocino County Health and Human Services Agency continue to pursue funding for alcohol and drug treatment programs for youth, and to contract with non-profits to provide counseling services. (Findings 18-19, 22-24, 26-27, 30-31, 33)
R5: the Probation Department/Courts reinstate Juvenile Drug Court and find funding for Teen Court, (VORP). (Findings 3, 18-19, 24, 26-29, 30-31)
F29: Services for youth with alcohol and drug problems are augmented by “set asides” from State and Federal grants. County general fund money goes into alcohol and drug programs for adults. 30. “Juvenile Drug Court”, a court-supervised program for rehabilitation of young people with drug and alcohol offenses, was suspended for lack of funding for a supervising Probation Officer.
Related Recommendations (2)
R1: Mendocino County Health and Human Services Agency continue to maximize programs for children and youth by maintaining partnership programs with County non-profit agencies. (Findings 1-2, 11, 14-19, 22- 23, 28-30, 33)
R5: the Probation Department/Courts reinstate Juvenile Drug Court and find funding for Teen Court, (VORP). (Findings 3, 18-19, 24, 26-29, 30-31)
F31: The County Probation Department includes the following partnership programs: • Probation Alternative Counseling and Education, (PACE), • Juvenile Drug Court, (Cancelled), • Clean and Sober Classroom, • River School, • Juvenile Hall.
Related Recommendations (2)
R4: Mendocino County Health and Human Services Agency continue to pursue funding for alcohol and drug treatment programs for youth, and to contract with non-profits to provide counseling services. (Findings 18-19, 22-24, 26-27, 30-31, 33)
R5: the Probation Department/Courts reinstate Juvenile Drug Court and find funding for Teen Court, (VORP). (Findings 3, 18-19, 24, 26-29, 30-31)
F32: Youth in Juvenile Hall are not eligible for Medi-CAL services while they are incarcerated. The County becomes responsible for their medical care. If they were receiving mental health services from the County under Medi- CAL, the services are discontinued while they are in Juvenile Hall.
F33: The Mendocino County Youth Project provides mental health, youth crisis intervention, and substance abuse treatment services to troubled youth and families; as well as mental health services at Juvenile Hall. They have received Federal funds to assist youth that have been abused, regardless of family income level.
Findings & Recommendations 32 findings
F1: Camps are staffed by CAL FIRE and the CDCR. One office technician is shared.
Related Recommendations (1)
R1: CAL FIRE and CCC continue to operate the camp in the same efficient manner, and perform services within the community. (All Findings)
F2: The maximum capacity of each camp is 110 inmates. They are housed in barrack style buildings.
Related Recommendations (1)
R1: CAL FIRE and CCC continue to operate the camp in the same efficient manner, and perform services within the community. (All Findings)
F3: The State budget shows that it cost $46,000/year to maintain an inmate in a California prison. The CDCR pays just over $14,000/year to maintain an inmate in a conservation camp.
Related Recommendations (2)
R1: CAL FIRE and CCC continue to operate the camp in the same efficient manner, and perform services within the community. (All Findings)
R2: the State seeks locations to establish more conservation camps, rather than building more maximum security prisons. (Finding 3)
F4: Camps must abide by all government rules and regulations and receive inspections from various agencies. Material safety data sheets and other mandated posters are posted in general areas.
Related Recommendations (1)
R1: CAL FIRE and CCC continue to operate the camp in the same efficient manner, and perform services within the community. (All Findings)
F5: Camp inmates are low security risks. Those who commit crimes that are violent, sexual, or arson in nature are ineligible for the conservation camp program.
Related Recommendations (1)
R1: CAL FIRE and CCC continue to operate the camp in the same efficient manner, and perform services within the community. (All Findings)
F6: Fire crew inmates receive fire training at the Susanville Prison and training continues at camp.
Related Recommendations (1)
R1: CAL FIRE and CCC continue to operate the camp in the same efficient manner, and perform services within the community. (All Findings)
F7: Both camps have five fire crews that are maintained for emergency deployment. Each fire crew has 13-17 inmates and one qualified CAL FIRE Captain. One additional crew with 3-5 inmates staff the fire brigade and assist with local emergencies within nine miles of the camp.
Related Recommendations (1)
R1: CAL FIRE and CCC continue to operate the camp in the same efficient manner, and perform services within the community. (All Findings)
F8: When not fighting fires, fire crews provide labor for floods, rescues, and conservation projects.
Related Recommendations (1)
R1: CAL FIRE and CCC continue to operate the camp in the same efficient manner, and perform services within the community. (All Findings)
F9: Inmates, who are not on fire crews, are assigned duties in camp. Duties include: mechanics, tool maintenance, cooking, laundry, carpentry, welding, and sewing. Most maintenance and upgrades to the camp are performed by inmates.
Related Recommendations (1)
R1: CAL FIRE and CCC continue to operate the camp in the same efficient manner, and perform services within the community. (All Findings)
F10: Inmates are paid $1.45 to $3.90 per day for working. While out on fires, the inmates are paid $1 per hour, portal to portal, by CAL FIRE. Inmates earned income is placed in a savings account and paid upon release.
Related Recommendations (1)
R1: CAL FIRE and CCC continue to operate the camp in the same efficient manner, and perform services within the community. (All Findings)
F11: Staff reads ingoing and outgoing mail and all telephone calls are recorded.
Related Recommendations (1)
R1: CAL FIRE and CCC continue to operate the camp in the same efficient manner, and perform services within the community. (All Findings)
F12: All tobacco products are prohibited within camp perimeters and no tobacco use is allowed by any inmate at any time.
Related Recommendations (1)
R1: CAL FIRE and CCC continue to operate the camp in the same efficient manner, and perform services within the community. (All Findings)
F13: There are no fences at the camps, but “Out of Bounds” signs are clearly posted.
Related Recommendations (1)
R1: CAL FIRE and CCC continue to operate the camp in the same efficient manner, and perform services within the community. (All Findings)
F14: The CDCR budgets $2.85 per day for food for each inmate. The amount has remained unchanged since the mid 1980s. When inmates are fighting fires, CAL FIRE furnishes their meals.
Related Recommendations (1)
R1: CAL FIRE and CCC continue to operate the camp in the same efficient manner, and perform services within the community. (All Findings)
F15: The kitchens were observed to be clean and orderly. Both camps bake their own bread.
Related Recommendations (1)
R1: CAL FIRE and CCC continue to operate the camp in the same efficient manner, and perform services within the community. (All Findings)
F16: There is a physical fitness training room. Recreational equipment is available to all inmates.
Related Recommendations (1)
R1: CAL FIRE and CCC continue to operate the camp in the same efficient manner, and perform services within the community. (All Findings)
F17: Educational opportunities include G.E.D., college courses, and certification courses.
Related Recommendations (1)
R1: CAL FIRE and CCC continue to operate the camp in the same efficient manner, and perform services within the community. (All Findings)
F18: A library is available and the County Bookmobile visits every two weeks.
Related Recommendations (1)
R1: CAL FIRE and CCC continue to operate the camp in the same efficient manner, and perform services within the community. (All Findings)
F19: Non-denominational church services are offered. Drug and alcohol programs are available and are conducted by local volunteer organizations. Providers must have background clearance.
Related Recommendations (1)
R1: CAL FIRE and CCC continue to operate the camp in the same efficient manner, and perform services within the community. (All Findings)
F20: Visitation is on Saturday and Sunday. All visitors must be pre-approved by the Susanville Prison staff.
Related Recommendations (1)
R1: CAL FIRE and CCC continue to operate the camp in the same efficient manner, and perform services within the community. (All Findings)
F21: The crews are available at nominal rates to any tax-supported entity. Findings - Parlin Forks
Related Recommendations (2)
R1: CAL FIRE and CCC continue to operate the camp in the same efficient manner, and perform services within the community. (All Findings)
R3: the crews be utilized as often as possible, by any City, County department, agency, school district, or tax-supported entity in the County. (Finding 21)
F22: CAL FIRE staff consists of a Division Chief, an Administrative Captain, an Operation Captain, seven Fire Captains, a Water/Sewer Plant Operator, a Heavy Equipment Operator/Mechanic, and an Office Technician who divides time between both camps.
Related Recommendations (1)
R1: CAL FIRE and CCC continue to operate the camp in the same efficient manner, and perform services within the community. (All Findings)
F23: The Correctional staff consists of a Lieutenant, who is the Camp Commander, a Sergeant, and nine Correctional Officers.
Related Recommendations (1)
R1: CAL FIRE and CCC continue to operate the camp in the same efficient manner, and perform services within the community. (All Findings)
F24: There is a garden that provides vegetables and fruit to supplement the inmates’ meals.
Related Recommendations (1)
R1: CAL FIRE and CCC continue to operate the camp in the same efficient manner, and perform services within the community. (All Findings)
F25: PFCC treats its own water which is drawn from the Noyo River.
Related Recommendations (1)
R1: CAL FIRE and CCC continue to operate the camp in the same efficient manner, and perform services within the community. (All Findings)
F26: Week-end family visits can be up to three days in the fully furnished cottage on the grounds.
Related Recommendations (1)
R1: CAL FIRE and CCC continue to operate the camp in the same efficient manner, and perform services within the community. (All Findings)
F27: PFCC operates a saw mill, they cut, mill, and dry the lumber. The inmates construct furniture and cabinetry for governmental agencies.
Related Recommendations (1)
R1: CAL FIRE and CCC continue to operate the camp in the same efficient manner, and perform services within the community. (All Findings)
F28: State and local government agencies place orders for office furniture and other wood products. Findings - Chamberlain Creek 28.The CAL FIRE staff consists of one Division Chief, one Administrative Captain, one Operation Captain, and seven Fire Captains, and a water treatment plant operator. 29.Correctional staff consists of one Lieutenant, who is the Camp Commander, two Supervisors, one Sergeant, and eight Correctional Officers. 30.Chamberlain Creek’s kitchen crew cooks and serves a community Thanks- giving dinner at the Harrah Senior Center in Willits every year.
Related Recommendations (1)
R1: CAL FIRE and CCC continue to operate the camp in the same efficient manner, and perform services within the community. (All Findings)
F31: Water and sewer systems require a licensed treatment operator.
Related Recommendations (1)
R1: CAL FIRE and CCC continue to operate the camp in the same efficient manner, and perform services within the community. (All Findings)
F32: Water is provided by a well and surface water from Chamberlain Creek.
Related Recommendations (1)
R1: CAL FIRE and CCC continue to operate the camp in the same efficient manner, and perform services within the community. (All Findings)
F33: The camp has recently replaced the leach field used for their liquid waste.
Related Recommendations (1)
R1: CAL FIRE and CCC continue to operate the camp in the same efficient manner, and perform services within the community. (All Findings)
F34: CCCC has poor soil for gardening. Recently, they brought in some soil and now have a small garden.
Related Recommendations (1)
R1: CAL FIRE and CCC continue to operate the camp in the same efficient manner, and perform services within the community. (All Findings)
Findings & Recommendations 10 findings
F1: Recreational facilities include: baseball/softball fields, soccer fields, a skate park, swimming pool, tennis courts, Recreation Grove Park, and Bud Snyder Park.
F2: Only 30 to 45% of recreational users live within the city limits.
F3: The current recreation and swimming pool budgets indicate the following expenses for: (cid:121) playground equipment and (cid:121) irrigation, recertification, (cid:121) utilities, (cid:121) swimming pool maintenance, (cid:121) portable toilets, (cid:121) resurfacing the tennis courts, (cid:121) garbage collection, (cid:121) fencing, (cid:121) maintenance of tools and (cid:121) security, equipment, (cid:121) landscaping, (cid:121) vehicle usage, (cid:121) maintenance of the parking areas for city recreational facilities.
F4: The swimming pool operation has a budgeted expenditure of $58,878 and an 2010 Mendocino County Grand Jury income of $23,600.
F5: The 2009-2010 recreational budget shows an income of $2,000 from the rental of buildings and grounds.
F6: The 2009-2010 recreational and swimming pool budgets show a net cost of: (cid:121) $161,999 for public works park maintenance, (cid:121) $35,278 for the swimming pool operation.
F7: Formation of a recreation distric could save the City approximately $195,000 in maintenance and other expenses.
Related Recommendations (1)
R1: a collective effort be made by various agencies, including a recreational district community support group, to develop a Recreation District with the direction of the Local Area Formation Commission, (LAFCO). The district, at a minimum, would include Brooktrails, Willits, and their spheres of influence. (All Findings)
F8: Residents within the city limits of Willits currently bear the entire expense of the recreational facilities located within the City limits.
Related Recommendations (1)
R1: a collective effort be made by various agencies, including a recreational district community support group, to develop a Recreation District with the direction of the Local Area Formation Commission, (LAFCO). The district, at a minimum, would include Brooktrails, Willits, and their spheres of influence. (All Findings)
F9: A recreational district community support group, (group), came before the Willits City Council to pursue Proposition 84 funds to rebuild the City pool and to add other facilities.
F10: The City Council voted to allow the group to go forward without any City staff time or funding.
Findings & Recommendations 13 findings
F1: The City Council receives mandatory annual training in the Brown Act, ethics, and sexual harassment. Leadership and boardsmanship training is at the discretion of each City Council Member.
Related Recommendations (1)
R1: City Council members make leadership and board training mandatory for new or re-elected council members. On-line training is available at a minimal cost. (Finding 1)
F2: The City does not pay for retirees’ health care. The Cal-PERS retirement system is used.
F3: Seven of the City’s employees retired early in December, 2009. The incentive to retire was an offer of two years of paid health care coverage.
Related Recommendations (1)
R2: the positions of the Public Works Director and the Water Plant Supervisor be filled. (Finding 3-4)
F4: The Director of Public Works and the Water Treatment Plant Supervisor positions were vacated due to early retirement. The responsibilities for both positions are under the direction of the City Manager.
Related Recommendations (1)
R2: the positions of the Public Works Director and the Water Plant Supervisor be filled. (Finding 3-4)
F5: All City employees deferred their cost of living raises in July, 2009.
F6: City Council members get a $50/month stipend, recently reduced from $150/month. They continue to receive City funded health care coverage.
Related Recommendations (1)
R3: City Council members reinstate their stipend when the economy improves. (Finding 6)
F7: Infiltration of surface water into the sewer system is six to eight times greater during a storm.
Related Recommendations (1)
R4: the reduction of ground water infiltration into the sewer system continues to be a priority to extend the life of the system, to contain costs, and comply with government regulations. (Finding 7-8)
F8: The City recently purchased a camera equipped truck to check for ground water infiltration into the waste water system.
Related Recommendations (1)
R4: the reduction of ground water infiltration into the sewer system continues to be a priority to extend the life of the system, to contain costs, and comply with government regulations. (Finding 7-8)
F9: There is no emergency water connection between the City and Brooktrails Township.
Related Recommendations (1)
R5: the City create an emergency water intertie with Brooktrails Township. (Finding 9)
F10: Morris and Centennial Reservoirs are the primary sources of water for the City.
Related Recommendations (1)
R6: the City seek grant funding to raise the height of the Morris Dam to increase reservoir capacity. (Finding 10-11)
F11: In January 2010, a study was released stating that the Morris Dam had been certified safe by the State and “good for at least another 80 years”, and that the height of the dam can be raised an additional 20 feet.
Related Recommendations (1)
R6: the City seek grant funding to raise the height of the Morris Dam to increase reservoir capacity. (Finding 10-11)
F12: City Ordinance §12.36.020, “Prohibited Activities“, prohibits sleeping overnight in a recreational vehicle, (RV), anywhere within City limits without a permit.
Related Recommendations (1)
R7: the Recreational Vehicle Ordinance be revised to exclude the requirement for permits to allow overnight stays in RVs, of less than 48 hours, on private property. (Finding 12)
F13: Shrubbery and trees on street corners block visibility to drivers and pedestrians and continue to be a safety hazard.
Related Recommendations (1)
R8: the City enforce the safety ordinance that requires shrubbery and trees on street corners be trimmed by property owners. (Finding 13)
Findings & Recommendations 29 findings
F1: The City has a web site, www.cityofpointarena.com, which is “user friendly”.
Related Recommendations (1)
R9: the Revolving Loan Fund Manual and application be updated, corrected, and posted on the City website. (Findings 1, 18)
F2: City Council meeting agendas and minutes are available on the web site.
F3: Council meetings are held monthly, on the fourth Tuesday, at 6:00 p.m., at the Veteran’s Hall in Point Arena and often last in excess of three hours.
Related Recommendations (1)
R7: Council committee meetings be held and reports prepared prior to Council meetings to facilitate effective use of meeting time. (Findings 3, 9)
F4: The City operates under a Mayor-Council system of government.
Related Recommendations (3)
R1: the City adopts the Council-Manager form of administration, i.e., the elected Council provides political leadership and makes policy while the City Manager-Administrator directs city departments in carrying out policy. (Findings 4-15)
R3: the Council adopts a new position of City Manager-Administrator. (Findings 4-5, 9-15) 1 Generates its own revenue from rate payers, development impact fees, grants, and loans
R5: the Council replace Commissioners with working committees of two council members for each City department. (Findings 4-5, 8-15)
F5: The City is governed by a five member elected City Council, who serve a four year term, and are elected on a staggered basis every two years.
Related Recommendations (3)
R1: the City adopts the Council-Manager form of administration, i.e., the elected Council provides political leadership and makes policy while the City Manager-Administrator directs city departments in carrying out policy. (Findings 4-15)
R3: the Council adopts a new position of City Manager-Administrator. (Findings 4-5, 9-15) 1 Generates its own revenue from rate payers, development impact fees, grants, and loans
R5: the Council replace Commissioners with working committees of two council members for each City department. (Findings 4-5, 8-15)
F6: New Council members receive a handbook, which includes job descriptions. Training in the Brown Act, ethics, and sexual harassment is provided by the City’s attorney.
Related Recommendations (2)
R1: the City adopts the Council-Manager form of administration, i.e., the elected Council provides political leadership and makes policy while the City Manager-Administrator directs city departments in carrying out policy. (Findings 4-15)
R2: the City Council conduct sessions to build team work and promote under- standing of City departments. (Findings 6-9)
F7: The Council members select a Mayor from their ranks for a two year term.
Related Recommendations (2)
R1: the City adopts the Council-Manager form of administration, i.e., the elected Council provides political leadership and makes policy while the City Manager-Administrator directs city departments in carrying out policy. (Findings 4-15)
R2: the City Council conduct sessions to build team work and promote under- standing of City departments. (Findings 6-9)
F8: Each Council member is appointed by the Mayor as a Commissioner for one of the five City departments: Safety, Roads, Utility, Administration, and the Pier.
Related Recommendations (3)
R1: the City adopts the Council-Manager form of administration, i.e., the elected Council provides political leadership and makes policy while the City Manager-Administrator directs city departments in carrying out policy. (Findings 4-15)
R2: the City Council conduct sessions to build team work and promote under- standing of City departments. (Findings 6-9)
R5: the Council replace Commissioners with working committees of two council members for each City department. (Findings 4-5, 8-15)
F9: Commission appointments are made at the discretion of the Mayor and recent changes appear to the GJ to have been punitive in nature, and made irrespective of job performance, knowledge, or experience in the department.
Related Recommendations (5)
R1: the City adopts the Council-Manager form of administration, i.e., the elected Council provides political leadership and makes policy while the City Manager-Administrator directs city departments in carrying out policy. (Findings 4-15)
R2: the City Council conduct sessions to build team work and promote under- standing of City departments. (Findings 6-9)
R3: the Council adopts a new position of City Manager-Administrator. (Findings 4-5, 9-15) 1 Generates its own revenue from rate payers, development impact fees, grants, and loans
R5: the Council replace Commissioners with working committees of two council members for each City department. (Findings 4-5, 8-15)
R6: the appointments shall be based on background, experience, knowledge and skill; not on favoritism or by punitive action. The appointments should last for at least one year. (Finding 9)
F10: The City organizational chart has no City Manager or department heads. (See Appendix A)
Related Recommendations (3)
R1: the City adopts the Council-Manager form of administration, i.e., the elected Council provides political leadership and makes policy while the City Manager-Administrator directs city departments in carrying out policy. (Findings 4-15)
R3: the Council adopts a new position of City Manager-Administrator. (Findings 4-5, 9-15) 1 Generates its own revenue from rate payers, development impact fees, grants, and loans
R5: the Council replace Commissioners with working committees of two council members for each City department. (Findings 4-5, 8-15)
F11: The City Clerk performs the work of a city manager without the authority or the compensation for that position.
Related Recommendations (3)
R1: the City adopts the Council-Manager form of administration, i.e., the elected Council provides political leadership and makes policy while the City Manager-Administrator directs city departments in carrying out policy. (Findings 4-15)
R3: the Council adopts a new position of City Manager-Administrator. (Findings 4-5, 9-15) 1 Generates its own revenue from rate payers, development impact fees, grants, and loans
R5: the Council replace Commissioners with working committees of two council members for each City department. (Findings 4-5, 8-15)
F12: The City has nine employees: two in administration, one supervisor and one staff member at the waste water plant, one supervisor and one staff member for public works, one supervisor and two staff members at the Pier.
Related Recommendations (3)
R1: the City adopts the Council-Manager form of administration, i.e., the elected Council provides political leadership and makes policy while the City Manager-Administrator directs city departments in carrying out policy. (Findings 4-15)
R3: the Council adopts a new position of City Manager-Administrator. (Findings 4-5, 9-15) 1 Generates its own revenue from rate payers, development impact fees, grants, and loans
R5: the Council replace Commissioners with working committees of two council members for each City department. (Findings 4-5, 8-15)
F13: All City staff report to their Commissioner, who reports to the Council. Personnel evaluations are made by the entire Council, not by their immediate supervisor. Supervisors appear to be figureheads without real authority.
Related Recommendations (3)
R1: the City adopts the Council-Manager form of administration, i.e., the elected Council provides political leadership and makes policy while the City Manager-Administrator directs city departments in carrying out policy. (Findings 4-15)
R3: the Council adopts a new position of City Manager-Administrator. (Findings 4-5, 9-15) 1 Generates its own revenue from rate payers, development impact fees, grants, and loans
R5: the Council replace Commissioners with working committees of two council members for each City department. (Findings 4-5, 8-15)
F14: Employees establish their own schedules without supervision. There is no shared work calendar that would allow for work schedule coordination and communication.
Related Recommendations (4)
R1: the City adopts the Council-Manager form of administration, i.e., the elected Council provides political leadership and makes policy while the City Manager-Administrator directs city departments in carrying out policy. (Findings 4-15)
R3: the Council adopts a new position of City Manager-Administrator. (Findings 4-5, 9-15) 1 Generates its own revenue from rate payers, development impact fees, grants, and loans
R4: the City establish and maintain a web-based calendar for work schedule coordination available to all City staff. (Findings 14-15)
R5: the Council replace Commissioners with working committees of two council members for each City department. (Findings 4-5, 8-15)
F15: Employees fill out their own timecards and are issued payroll checks by the clerk without supervisorial verification. Findings - Finance
Related Recommendations (4)
R1: the City adopts the Council-Manager form of administration, i.e., the elected Council provides political leadership and makes policy while the City Manager-Administrator directs city departments in carrying out policy. (Findings 4-15)
R3: the Council adopts a new position of City Manager-Administrator. (Findings 4-5, 9-15) 1 Generates its own revenue from rate payers, development impact fees, grants, and loans
R4: the City establish and maintain a web-based calendar for work schedule coordination available to all City staff. (Findings 14-15)
R5: the Council replace Commissioners with working committees of two council members for each City department. (Findings 4-5, 8-15)
F16: Budgets are often adopted three to five months after the beginning of the fiscal year.
Related Recommendations (1)
R8: the city budgets be adopted at the beginning of each fiscal year based on reasonable assumptions of revenue and expenses, and updated quarterly. (Findings 16-17)
F17: The auditor, contracted by the City, has been the same individual for over 20 years.
Related Recommendations (2)
R8: the city budgets be adopted at the beginning of each fiscal year based on reasonable assumptions of revenue and expenses, and updated quarterly. (Findings 16-17)
R10: the City follow accepted business practice by replacing the auditor this fiscal year and every three to five years thereafter. (Finding 17)
F18: The current revolving loan fund manual is unclear and contradictory. The loan application states that the maximum is $150,000, whereas, the manual states the maximum amount is $50,000. Findings - Services
F19: Water is provided by Point Arena Waterworks, Inc., a private company.
F20: There are 198 parcels within the city limits.
F21: The wastewater treatment plant serves 149 connections, with 50 undeveloped lots.
F22: There is a $4,400 connection fee for new wastewater service.
F23: The City’s wastewater plant is approximately 30 years old. The sludge pond, which has never been dredged, is as much as 85 percent full. The wastewater plant has been out of compliance with State regulations for many years.
Related Recommendations (1)
R11: the City file the final application for the USDA grant/loan funding. (Findings 23-24)
F24: The City is seeking a $3.77 million grant/loan from the United States Department of Agriculture, (USDA), to fund pond dredging and plant remediation. The urgently needed dredging is estimated to cost $200,000.
Related Recommendations (1)
R11: the City file the final application for the USDA grant/loan funding. (Findings 23-24)
F25: The wastewater rates were raised effective April 1, 2006, June 22, 2007, and November 11, 2008. The current monthly rate is $45.00.
F26: Residential wastewater fees are collected through the Mendocino County Tax Collector’s office.
F27: The City has complied with Proposition 218 requirements for notice of rate changes.
F28: The wastewater enterprise system1 had an operating loss of $19,737 for the fiscal year ended June 30, 2008, the latest audit available. The operation of the wastewater enterprise is reported to be breaking even in 2009.
F29: The City owns the local pier, also an enterprise, which operated at a loss of $88,863 for the fiscal year ended June 30, 2008.
Related Recommendations (1)
R12: the City continues to monitor the Pier’s financial status, to develop revenue, and assure financial stability, or consider privatization to eliminate the burden on the general fund. (Finding 29)
Findings & Recommendations 28 findings
F1: The complaint cited multiple incidents at Orr Creek School and other locations regarding health and safety issues, poor communications, and low morale throughout the special education provider system.
Related Recommendations (4)
R6: MCOE Superintendent shall improve communications with employees, by ensuring respectful, transparent and honest dialogues on a monthly basis. (Findings 1, 6, 8- 14)
R7: MCOE shall ensure that management staff is considerate and professional (e.g., by not issuing layoff notices in front of students and peers). (Findings 1, 9-12, 20)
R10: MCOE shall create and maintain a personnel oversight committee consisting of the MCOE human resources director, a MCFSE officer, and a MCOE trustee. This committee should act as an additional recipient of all MCOE employee complaints, at the first informal stage of the grievance process. (Findings 1, 9-12, 14-16, 20)
R14: 7. MCOE shall ensure that management staff is considerate and professional (e.g., by not issuing layoff notices in front of students and peers). (Findings 1, 9-12, 20) 8. MCOE and SELPA need to educate the general public on the complexities of providing special education and the consequences of unfunded or underfunded mandated services by airing the meetings on local media access channels. (Findings 7, 23-37) 9. MCOE shall schedule meetings at a time that will allow Certificated and Classified personnel and the general public the opportunity to attend. (Findings 9, 23) 10. MCOE shall create and maintain a personnel oversight committee consisting of the MCOE human resources director, a MCFSE officer, and a MCOE trustee. This committee should act as an additional recipient of all MCOE employee complaints, at the first informal stage of the grievance process. (Findings 1, 9-12, 14-16, 20)
F2: Orr Creek has two classrooms: one for students with emotional disturbances and the other for students with developmental disabilities.
F3: The group of developmentally-disabled Orr Creek students reside in group homes managed by Turning Point, a Fresno County agency.
F4: Orr Creek utilizes Certificated and Classified personnel, mental health professionals, and staff from Turning Point.
F5: The Mendocino County Federation of School Employees, (MCFSE), contract covers all “Certificated” personnel, (classroom teachers), and “Classified” personnel, (e.g., classroom aides, Para-professionals, clerical support staff, etc.), within the County.
Related Recommendations (3)
R1: MCOE and MCFSE shall issue a joint message to all covered employees and management reinforcing the fact that contracts are jointly negotiated in good faith, and agreed to and supported by all parties. Certificated and Classified employees shall review their contracts and use without fear of retaliation, the resources provided in those contracts. (Findings 5, 8-20, 22)
R3: any effort on the part of management to discourage an employee from speaking out, utilizing their grievance procedure, or singling out employees for doing so, should immediately be acted upon by both MFSCE and MCOE, as a violation of labor law. (Findings 5, 8-20, 22)
R17: 3. any effort on the part of management to discourage an employee from speaking out, utilizing their grievance procedure, or singling out employees for doing so, should immediately be acted upon by both MFSCE and MCOE, as a violation of labor law. (Findings 5, 8-20, 22) 4. MCOE management and administration shall maintain their policy of taking proportional reductions in salary and benefits whenever salary reductions are required of Certificated and Classified staff. (Findings 14-17) 5. in light of impending layoffs and school closings, MCOE should examine its administrative/management staffing levels to determine if proportional reductions in staff and reorganization are in order. (Findings 7, 13, 17, 21-22) 6. MCOE Superintendent shall improve communications with employees, by ensuring respectful, transparent and honest dialogues on a monthly basis. (Findings 1, 6, 8-
F6: Special education teachers are credentialed in special education.
F7: Severe budget cuts took place this year and are projected for the future.
Related Recommendations (4)
R5: in light of impending layoffs and school closings, MCOE should examine its administrative/management staffing levels to determine if proportional reductions in staff and reorganization are in order. (Findings 7, 13, 17, 21-22)
R8: MCOE and SELPA need to educate the general public on the complexities of providing special education and the consequences of unfunded or underfunded mandated services by airing the meetings on local media access channels. (Findings 7, 23-37)
R14: 7. MCOE shall ensure that management staff is considerate and professional (e.g., by not issuing layoff notices in front of students and peers). (Findings 1, 9-12, 20) 8. MCOE and SELPA need to educate the general public on the complexities of providing special education and the consequences of unfunded or underfunded mandated services by airing the meetings on local media access channels. (Findings 7, 23-37) 9. MCOE shall schedule meetings at a time that will allow Certificated and Classified personnel and the general public the opportunity to attend. (Findings 9, 23) 10. MCOE shall create and maintain a personnel oversight committee consisting of the MCOE human resources director, a MCFSE officer, and a MCOE trustee. This committee should act as an additional recipient of all MCOE employee complaints, at the first informal stage of the grievance process. (Findings 1, 9-12, 14-16, 20)
R17: 3. any effort on the part of management to discourage an employee from speaking out, utilizing their grievance procedure, or singling out employees for doing so, should immediately be acted upon by both MFSCE and MCOE, as a violation of labor law. (Findings 5, 8-20, 22) 4. MCOE management and administration shall maintain their policy of taking proportional reductions in salary and benefits whenever salary reductions are required of Certificated and Classified staff. (Findings 14-17) 5. in light of impending layoffs and school closings, MCOE should examine its administrative/management staffing levels to determine if proportional reductions in staff and reorganization are in order. (Findings 7, 13, 17, 21-22) 6. MCOE Superintendent shall improve communications with employees, by ensuring respectful, transparent and honest dialogues on a monthly basis. (Findings 1, 6, 8-
F8: MCOE Certificated and Classified employees are particularly concerned about the viability of their jobs.
Related Recommendations (4)
R1: MCOE and MCFSE shall issue a joint message to all covered employees and management reinforcing the fact that contracts are jointly negotiated in good faith, and agreed to and supported by all parties. Certificated and Classified employees shall review their contracts and use without fear of retaliation, the resources provided in those contracts. (Findings 5, 8-20, 22)
R3: any effort on the part of management to discourage an employee from speaking out, utilizing their grievance procedure, or singling out employees for doing so, should immediately be acted upon by both MFSCE and MCOE, as a violation of labor law. (Findings 5, 8-20, 22)
R6: MCOE Superintendent shall improve communications with employees, by ensuring respectful, transparent and honest dialogues on a monthly basis. (Findings 1, 6, 8- 14)
R17: 3. any effort on the part of management to discourage an employee from speaking out, utilizing their grievance procedure, or singling out employees for doing so, should immediately be acted upon by both MFSCE and MCOE, as a violation of labor law. (Findings 5, 8-20, 22) 4. MCOE management and administration shall maintain their policy of taking proportional reductions in salary and benefits whenever salary reductions are required of Certificated and Classified staff. (Findings 14-17) 5. in light of impending layoffs and school closings, MCOE should examine its administrative/management staffing levels to determine if proportional reductions in staff and reorganization are in order. (Findings 7, 13, 17, 21-22) 6. MCOE Superintendent shall improve communications with employees, by ensuring respectful, transparent and honest dialogues on a monthly basis. (Findings 1, 6, 8-
F9: Respondents reported a lack of transparency and team-building efforts (e.g. ignoring multiple requests for information, growing perception that their concerns and ideas are irrelevant, etc).
Related Recommendations (8)
R1: MCOE and MCFSE shall issue a joint message to all covered employees and management reinforcing the fact that contracts are jointly negotiated in good faith, and agreed to and supported by all parties. Certificated and Classified employees shall review their contracts and use without fear of retaliation, the resources provided in those contracts. (Findings 5, 8-20, 22)
R3: any effort on the part of management to discourage an employee from speaking out, utilizing their grievance procedure, or singling out employees for doing so, should immediately be acted upon by both MFSCE and MCOE, as a violation of labor law. (Findings 5, 8-20, 22)
R6: MCOE Superintendent shall improve communications with employees, by ensuring respectful, transparent and honest dialogues on a monthly basis. (Findings 1, 6, 8- 14)
R7: MCOE shall ensure that management staff is considerate and professional (e.g., by not issuing layoff notices in front of students and peers). (Findings 1, 9-12, 20)
R9: MCOE shall schedule meetings at a time that will allow Certificated and Classified personnel and the general public the opportunity to attend. (Findings 9, 23)
R10: MCOE shall create and maintain a personnel oversight committee consisting of the MCOE human resources director, a MCFSE officer, and a MCOE trustee. This committee should act as an additional recipient of all MCOE employee complaints, at the first informal stage of the grievance process. (Findings 1, 9-12, 14-16, 20)
R14: 7. MCOE shall ensure that management staff is considerate and professional (e.g., by not issuing layoff notices in front of students and peers). (Findings 1, 9-12, 20) 8. MCOE and SELPA need to educate the general public on the complexities of providing special education and the consequences of unfunded or underfunded mandated services by airing the meetings on local media access channels. (Findings 7, 23-37) 9. MCOE shall schedule meetings at a time that will allow Certificated and Classified personnel and the general public the opportunity to attend. (Findings 9, 23) 10. MCOE shall create and maintain a personnel oversight committee consisting of the MCOE human resources director, a MCFSE officer, and a MCOE trustee. This committee should act as an additional recipient of all MCOE employee complaints, at the first informal stage of the grievance process. (Findings 1, 9-12, 14-16, 20)
R17: 3. any effort on the part of management to discourage an employee from speaking out, utilizing their grievance procedure, or singling out employees for doing so, should immediately be acted upon by both MFSCE and MCOE, as a violation of labor law. (Findings 5, 8-20, 22) 4. MCOE management and administration shall maintain their policy of taking proportional reductions in salary and benefits whenever salary reductions are required of Certificated and Classified staff. (Findings 14-17) 5. in light of impending layoffs and school closings, MCOE should examine its administrative/management staffing levels to determine if proportional reductions in staff and reorganization are in order. (Findings 7, 13, 17, 21-22) 6. MCOE Superintendent shall improve communications with employees, by ensuring respectful, transparent and honest dialogues on a monthly basis. (Findings 1, 6, 8-
F10: Incidents of insensitive and disrespectful communications were reported: i.e., issuing layoff notices in front of peers and students.
Related Recommendations (7)
R1: MCOE and MCFSE shall issue a joint message to all covered employees and management reinforcing the fact that contracts are jointly negotiated in good faith, and agreed to and supported by all parties. Certificated and Classified employees shall review their contracts and use without fear of retaliation, the resources provided in those contracts. (Findings 5, 8-20, 22)
R3: any effort on the part of management to discourage an employee from speaking out, utilizing their grievance procedure, or singling out employees for doing so, should immediately be acted upon by both MFSCE and MCOE, as a violation of labor law. (Findings 5, 8-20, 22)
R6: MCOE Superintendent shall improve communications with employees, by ensuring respectful, transparent and honest dialogues on a monthly basis. (Findings 1, 6, 8- 14)
R7: MCOE shall ensure that management staff is considerate and professional (e.g., by not issuing layoff notices in front of students and peers). (Findings 1, 9-12, 20)
R10: MCOE shall create and maintain a personnel oversight committee consisting of the MCOE human resources director, a MCFSE officer, and a MCOE trustee. This committee should act as an additional recipient of all MCOE employee complaints, at the first informal stage of the grievance process. (Findings 1, 9-12, 14-16, 20)
R14: 7. MCOE shall ensure that management staff is considerate and professional (e.g., by not issuing layoff notices in front of students and peers). (Findings 1, 9-12, 20) 8. MCOE and SELPA need to educate the general public on the complexities of providing special education and the consequences of unfunded or underfunded mandated services by airing the meetings on local media access channels. (Findings 7, 23-37) 9. MCOE shall schedule meetings at a time that will allow Certificated and Classified personnel and the general public the opportunity to attend. (Findings 9, 23) 10. MCOE shall create and maintain a personnel oversight committee consisting of the MCOE human resources director, a MCFSE officer, and a MCOE trustee. This committee should act as an additional recipient of all MCOE employee complaints, at the first informal stage of the grievance process. (Findings 1, 9-12, 14-16, 20)
R17: 3. any effort on the part of management to discourage an employee from speaking out, utilizing their grievance procedure, or singling out employees for doing so, should immediately be acted upon by both MFSCE and MCOE, as a violation of labor law. (Findings 5, 8-20, 22) 4. MCOE management and administration shall maintain their policy of taking proportional reductions in salary and benefits whenever salary reductions are required of Certificated and Classified staff. (Findings 14-17) 5. in light of impending layoffs and school closings, MCOE should examine its administrative/management staffing levels to determine if proportional reductions in staff and reorganization are in order. (Findings 7, 13, 17, 21-22) 6. MCOE Superintendent shall improve communications with employees, by ensuring respectful, transparent and honest dialogues on a monthly basis. (Findings 1, 6, 8-
F11: Staff alleged that management was unwilling to problem-solve and consider cost- saving suggestions.
Related Recommendations (7)
R1: MCOE and MCFSE shall issue a joint message to all covered employees and management reinforcing the fact that contracts are jointly negotiated in good faith, and agreed to and supported by all parties. Certificated and Classified employees shall review their contracts and use without fear of retaliation, the resources provided in those contracts. (Findings 5, 8-20, 22)
R3: any effort on the part of management to discourage an employee from speaking out, utilizing their grievance procedure, or singling out employees for doing so, should immediately be acted upon by both MFSCE and MCOE, as a violation of labor law. (Findings 5, 8-20, 22)
R6: MCOE Superintendent shall improve communications with employees, by ensuring respectful, transparent and honest dialogues on a monthly basis. (Findings 1, 6, 8- 14)
R7: MCOE shall ensure that management staff is considerate and professional (e.g., by not issuing layoff notices in front of students and peers). (Findings 1, 9-12, 20)
R10: MCOE shall create and maintain a personnel oversight committee consisting of the MCOE human resources director, a MCFSE officer, and a MCOE trustee. This committee should act as an additional recipient of all MCOE employee complaints, at the first informal stage of the grievance process. (Findings 1, 9-12, 14-16, 20)
R14: 7. MCOE shall ensure that management staff is considerate and professional (e.g., by not issuing layoff notices in front of students and peers). (Findings 1, 9-12, 20) 8. MCOE and SELPA need to educate the general public on the complexities of providing special education and the consequences of unfunded or underfunded mandated services by airing the meetings on local media access channels. (Findings 7, 23-37) 9. MCOE shall schedule meetings at a time that will allow Certificated and Classified personnel and the general public the opportunity to attend. (Findings 9, 23) 10. MCOE shall create and maintain a personnel oversight committee consisting of the MCOE human resources director, a MCFSE officer, and a MCOE trustee. This committee should act as an additional recipient of all MCOE employee complaints, at the first informal stage of the grievance process. (Findings 1, 9-12, 14-16, 20)
R17: 3. any effort on the part of management to discourage an employee from speaking out, utilizing their grievance procedure, or singling out employees for doing so, should immediately be acted upon by both MFSCE and MCOE, as a violation of labor law. (Findings 5, 8-20, 22) 4. MCOE management and administration shall maintain their policy of taking proportional reductions in salary and benefits whenever salary reductions are required of Certificated and Classified staff. (Findings 14-17) 5. in light of impending layoffs and school closings, MCOE should examine its administrative/management staffing levels to determine if proportional reductions in staff and reorganization are in order. (Findings 7, 13, 17, 21-22) 6. MCOE Superintendent shall improve communications with employees, by ensuring respectful, transparent and honest dialogues on a monthly basis. (Findings 1, 6, 8-
F12: Certificated and Classified personnel are hesitant to utilize their union contracts’ grievance procedures fearing retaliation by management. There were reports of some individuals being singled out for speaking their minds.
Related Recommendations (7)
R1: MCOE and MCFSE shall issue a joint message to all covered employees and management reinforcing the fact that contracts are jointly negotiated in good faith, and agreed to and supported by all parties. Certificated and Classified employees shall review their contracts and use without fear of retaliation, the resources provided in those contracts. (Findings 5, 8-20, 22)
R3: any effort on the part of management to discourage an employee from speaking out, utilizing their grievance procedure, or singling out employees for doing so, should immediately be acted upon by both MFSCE and MCOE, as a violation of labor law. (Findings 5, 8-20, 22)
R6: MCOE Superintendent shall improve communications with employees, by ensuring respectful, transparent and honest dialogues on a monthly basis. (Findings 1, 6, 8- 14)
R7: MCOE shall ensure that management staff is considerate and professional (e.g., by not issuing layoff notices in front of students and peers). (Findings 1, 9-12, 20)
R10: MCOE shall create and maintain a personnel oversight committee consisting of the MCOE human resources director, a MCFSE officer, and a MCOE trustee. This committee should act as an additional recipient of all MCOE employee complaints, at the first informal stage of the grievance process. (Findings 1, 9-12, 14-16, 20)
R14: 7. MCOE shall ensure that management staff is considerate and professional (e.g., by not issuing layoff notices in front of students and peers). (Findings 1, 9-12, 20) 8. MCOE and SELPA need to educate the general public on the complexities of providing special education and the consequences of unfunded or underfunded mandated services by airing the meetings on local media access channels. (Findings 7, 23-37) 9. MCOE shall schedule meetings at a time that will allow Certificated and Classified personnel and the general public the opportunity to attend. (Findings 9, 23) 10. MCOE shall create and maintain a personnel oversight committee consisting of the MCOE human resources director, a MCFSE officer, and a MCOE trustee. This committee should act as an additional recipient of all MCOE employee complaints, at the first informal stage of the grievance process. (Findings 1, 9-12, 14-16, 20)
R17: 3. any effort on the part of management to discourage an employee from speaking out, utilizing their grievance procedure, or singling out employees for doing so, should immediately be acted upon by both MFSCE and MCOE, as a violation of labor law. (Findings 5, 8-20, 22) 4. MCOE management and administration shall maintain their policy of taking proportional reductions in salary and benefits whenever salary reductions are required of Certificated and Classified staff. (Findings 14-17) 5. in light of impending layoffs and school closings, MCOE should examine its administrative/management staffing levels to determine if proportional reductions in staff and reorganization are in order. (Findings 7, 13, 17, 21-22) 6. MCOE Superintendent shall improve communications with employees, by ensuring respectful, transparent and honest dialogues on a monthly basis. (Findings 1, 6, 8-
F13: Concern was expressed that Certificated and Classified staff will be subject to salary decreases and layoffs without proportional decreases in management staff and their salaries.
Related Recommendations (4)
R1: MCOE and MCFSE shall issue a joint message to all covered employees and management reinforcing the fact that contracts are jointly negotiated in good faith, and agreed to and supported by all parties. Certificated and Classified employees shall review their contracts and use without fear of retaliation, the resources provided in those contracts. (Findings 5, 8-20, 22)
R3: any effort on the part of management to discourage an employee from speaking out, utilizing their grievance procedure, or singling out employees for doing so, should immediately be acted upon by both MFSCE and MCOE, as a violation of labor law. (Findings 5, 8-20, 22)
R6: MCOE Superintendent shall improve communications with employees, by ensuring respectful, transparent and honest dialogues on a monthly basis. (Findings 1, 6, 8- 14)
R17: 3. any effort on the part of management to discourage an employee from speaking out, utilizing their grievance procedure, or singling out employees for doing so, should immediately be acted upon by both MFSCE and MCOE, as a violation of labor law. (Findings 5, 8-20, 22) 4. MCOE management and administration shall maintain their policy of taking proportional reductions in salary and benefits whenever salary reductions are required of Certificated and Classified staff. (Findings 14-17) 5. in light of impending layoffs and school closings, MCOE should examine its administrative/management staffing levels to determine if proportional reductions in staff and reorganization are in order. (Findings 7, 13, 17, 21-22) 6. MCOE Superintendent shall improve communications with employees, by ensuring respectful, transparent and honest dialogues on a monthly basis. (Findings 1, 6, 8-
F14: MCFSE contracts and grievance procedures provide employees with a process and resources to resolve conflicts with management. Employees reported experiencing retaliation if they utilized this process.
Related Recommendations (8)
R1: MCOE and MCFSE shall issue a joint message to all covered employees and management reinforcing the fact that contracts are jointly negotiated in good faith, and agreed to and supported by all parties. Certificated and Classified employees shall review their contracts and use without fear of retaliation, the resources provided in those contracts. (Findings 5, 8-20, 22)
R2: all future contracts between MCOE and MCFSE shall retain the mediation and binding arbitration clauses conducted by a neutral mediator/arbitrator. (Findings 14- 17)
R3: any effort on the part of management to discourage an employee from speaking out, utilizing their grievance procedure, or singling out employees for doing so, should immediately be acted upon by both MFSCE and MCOE, as a violation of labor law. (Findings 5, 8-20, 22)
R4: MCOE management and administration shall maintain their policy of taking proportional reductions in salary and benefits whenever salary reductions are required of Certificated and Classified staff. (Findings 14-17)
R6: MCOE Superintendent shall improve communications with employees, by ensuring respectful, transparent and honest dialogues on a monthly basis. (Findings 1, 6, 8- 14)
R10: MCOE shall create and maintain a personnel oversight committee consisting of the MCOE human resources director, a MCFSE officer, and a MCOE trustee. This committee should act as an additional recipient of all MCOE employee complaints, at the first informal stage of the grievance process. (Findings 1, 9-12, 14-16, 20)
R14: 7. MCOE shall ensure that management staff is considerate and professional (e.g., by not issuing layoff notices in front of students and peers). (Findings 1, 9-12, 20) 8. MCOE and SELPA need to educate the general public on the complexities of providing special education and the consequences of unfunded or underfunded mandated services by airing the meetings on local media access channels. (Findings 7, 23-37) 9. MCOE shall schedule meetings at a time that will allow Certificated and Classified personnel and the general public the opportunity to attend. (Findings 9, 23) 10. MCOE shall create and maintain a personnel oversight committee consisting of the MCOE human resources director, a MCFSE officer, and a MCOE trustee. This committee should act as an additional recipient of all MCOE employee complaints, at the first informal stage of the grievance process. (Findings 1, 9-12, 14-16, 20)
R17: 3. any effort on the part of management to discourage an employee from speaking out, utilizing their grievance procedure, or singling out employees for doing so, should immediately be acted upon by both MFSCE and MCOE, as a violation of labor law. (Findings 5, 8-20, 22) 4. MCOE management and administration shall maintain their policy of taking proportional reductions in salary and benefits whenever salary reductions are required of Certificated and Classified staff. (Findings 14-17) 5. in light of impending layoffs and school closings, MCOE should examine its administrative/management staffing levels to determine if proportional reductions in staff and reorganization are in order. (Findings 7, 13, 17, 21-22) 6. MCOE Superintendent shall improve communications with employees, by ensuring respectful, transparent and honest dialogues on a monthly basis. (Findings 1, 6, 8-
F15: Both of the current MCFSE contracts, (Certificated and Classified), stipulate a grievance procedure ranging from informal to formal steps, up to and including mediation and binding arbitration. The informal first step includes the employee attempting to resolve the issue with their supervisor. If unsuccessful, the next step is filing a formal grievance.
Related Recommendations (7)
R1: MCOE and MCFSE shall issue a joint message to all covered employees and management reinforcing the fact that contracts are jointly negotiated in good faith, and agreed to and supported by all parties. Certificated and Classified employees shall review their contracts and use without fear of retaliation, the resources provided in those contracts. (Findings 5, 8-20, 22)
R2: all future contracts between MCOE and MCFSE shall retain the mediation and binding arbitration clauses conducted by a neutral mediator/arbitrator. (Findings 14- 17)
R3: any effort on the part of management to discourage an employee from speaking out, utilizing their grievance procedure, or singling out employees for doing so, should immediately be acted upon by both MFSCE and MCOE, as a violation of labor law. (Findings 5, 8-20, 22)
R4: MCOE management and administration shall maintain their policy of taking proportional reductions in salary and benefits whenever salary reductions are required of Certificated and Classified staff. (Findings 14-17)
R10: MCOE shall create and maintain a personnel oversight committee consisting of the MCOE human resources director, a MCFSE officer, and a MCOE trustee. This committee should act as an additional recipient of all MCOE employee complaints, at the first informal stage of the grievance process. (Findings 1, 9-12, 14-16, 20)
R14: 7. MCOE shall ensure that management staff is considerate and professional (e.g., by not issuing layoff notices in front of students and peers). (Findings 1, 9-12, 20) 8. MCOE and SELPA need to educate the general public on the complexities of providing special education and the consequences of unfunded or underfunded mandated services by airing the meetings on local media access channels. (Findings 7, 23-37) 9. MCOE shall schedule meetings at a time that will allow Certificated and Classified personnel and the general public the opportunity to attend. (Findings 9, 23) 10. MCOE shall create and maintain a personnel oversight committee consisting of the MCOE human resources director, a MCFSE officer, and a MCOE trustee. This committee should act as an additional recipient of all MCOE employee complaints, at the first informal stage of the grievance process. (Findings 1, 9-12, 14-16, 20)
R17: 3. any effort on the part of management to discourage an employee from speaking out, utilizing their grievance procedure, or singling out employees for doing so, should immediately be acted upon by both MFSCE and MCOE, as a violation of labor law. (Findings 5, 8-20, 22) 4. MCOE management and administration shall maintain their policy of taking proportional reductions in salary and benefits whenever salary reductions are required of Certificated and Classified staff. (Findings 14-17) 5. in light of impending layoffs and school closings, MCOE should examine its administrative/management staffing levels to determine if proportional reductions in staff and reorganization are in order. (Findings 7, 13, 17, 21-22) 6. MCOE Superintendent shall improve communications with employees, by ensuring respectful, transparent and honest dialogues on a monthly basis. (Findings 1, 6, 8-
F16: The mediation and binding arbitration clauses in the current 2009-2010 contracts are the result of an interim agreement between MCOE and MCFSE. Prior to the addition of this interim agreement the final arbitrator was the MCOE Superintendent of Public Schools.
Related Recommendations (7)
R1: MCOE and MCFSE shall issue a joint message to all covered employees and management reinforcing the fact that contracts are jointly negotiated in good faith, and agreed to and supported by all parties. Certificated and Classified employees shall review their contracts and use without fear of retaliation, the resources provided in those contracts. (Findings 5, 8-20, 22)
R2: all future contracts between MCOE and MCFSE shall retain the mediation and binding arbitration clauses conducted by a neutral mediator/arbitrator. (Findings 14- 17)
R3: any effort on the part of management to discourage an employee from speaking out, utilizing their grievance procedure, or singling out employees for doing so, should immediately be acted upon by both MFSCE and MCOE, as a violation of labor law. (Findings 5, 8-20, 22)
R4: MCOE management and administration shall maintain their policy of taking proportional reductions in salary and benefits whenever salary reductions are required of Certificated and Classified staff. (Findings 14-17)
R10: MCOE shall create and maintain a personnel oversight committee consisting of the MCOE human resources director, a MCFSE officer, and a MCOE trustee. This committee should act as an additional recipient of all MCOE employee complaints, at the first informal stage of the grievance process. (Findings 1, 9-12, 14-16, 20)
R14: 7. MCOE shall ensure that management staff is considerate and professional (e.g., by not issuing layoff notices in front of students and peers). (Findings 1, 9-12, 20) 8. MCOE and SELPA need to educate the general public on the complexities of providing special education and the consequences of unfunded or underfunded mandated services by airing the meetings on local media access channels. (Findings 7, 23-37) 9. MCOE shall schedule meetings at a time that will allow Certificated and Classified personnel and the general public the opportunity to attend. (Findings 9, 23) 10. MCOE shall create and maintain a personnel oversight committee consisting of the MCOE human resources director, a MCFSE officer, and a MCOE trustee. This committee should act as an additional recipient of all MCOE employee complaints, at the first informal stage of the grievance process. (Findings 1, 9-12, 14-16, 20)
R17: 3. any effort on the part of management to discourage an employee from speaking out, utilizing their grievance procedure, or singling out employees for doing so, should immediately be acted upon by both MFSCE and MCOE, as a violation of labor law. (Findings 5, 8-20, 22) 4. MCOE management and administration shall maintain their policy of taking proportional reductions in salary and benefits whenever salary reductions are required of Certificated and Classified staff. (Findings 14-17) 5. in light of impending layoffs and school closings, MCOE should examine its administrative/management staffing levels to determine if proportional reductions in staff and reorganization are in order. (Findings 7, 13, 17, 21-22) 6. MCOE Superintendent shall improve communications with employees, by ensuring respectful, transparent and honest dialogues on a monthly basis. (Findings 1, 6, 8-
F17: At the end of the 2009-2010 school year the MCFSE contracts are due for renegotiation.
Related Recommendations (5)
R1: MCOE and MCFSE shall issue a joint message to all covered employees and management reinforcing the fact that contracts are jointly negotiated in good faith, and agreed to and supported by all parties. Certificated and Classified employees shall review their contracts and use without fear of retaliation, the resources provided in those contracts. (Findings 5, 8-20, 22)
R2: all future contracts between MCOE and MCFSE shall retain the mediation and binding arbitration clauses conducted by a neutral mediator/arbitrator. (Findings 14- 17)
R3: any effort on the part of management to discourage an employee from speaking out, utilizing their grievance procedure, or singling out employees for doing so, should immediately be acted upon by both MFSCE and MCOE, as a violation of labor law. (Findings 5, 8-20, 22)
R4: MCOE management and administration shall maintain their policy of taking proportional reductions in salary and benefits whenever salary reductions are required of Certificated and Classified staff. (Findings 14-17)
R17: 3. any effort on the part of management to discourage an employee from speaking out, utilizing their grievance procedure, or singling out employees for doing so, should immediately be acted upon by both MFSCE and MCOE, as a violation of labor law. (Findings 5, 8-20, 22) 4. MCOE management and administration shall maintain their policy of taking proportional reductions in salary and benefits whenever salary reductions are required of Certificated and Classified staff. (Findings 14-17) 5. in light of impending layoffs and school closings, MCOE should examine its administrative/management staffing levels to determine if proportional reductions in staff and reorganization are in order. (Findings 7, 13, 17, 21-22) 6. MCOE Superintendent shall improve communications with employees, by ensuring respectful, transparent and honest dialogues on a monthly basis. (Findings 1, 6, 8-
F18: In 2009, “no more than five”, grievances were filed, none of which were related to special education or its staff.
Related Recommendations (3)
R1: MCOE and MCFSE shall issue a joint message to all covered employees and management reinforcing the fact that contracts are jointly negotiated in good faith, and agreed to and supported by all parties. Certificated and Classified employees shall review their contracts and use without fear of retaliation, the resources provided in those contracts. (Findings 5, 8-20, 22)
R3: any effort on the part of management to discourage an employee from speaking out, utilizing their grievance procedure, or singling out employees for doing so, should immediately be acted upon by both MFSCE and MCOE, as a violation of labor law. (Findings 5, 8-20, 22)
R17: 3. any effort on the part of management to discourage an employee from speaking out, utilizing their grievance procedure, or singling out employees for doing so, should immediately be acted upon by both MFSCE and MCOE, as a violation of labor law. (Findings 5, 8-20, 22) 4. MCOE management and administration shall maintain their policy of taking proportional reductions in salary and benefits whenever salary reductions are required of Certificated and Classified staff. (Findings 14-17) 5. in light of impending layoffs and school closings, MCOE should examine its administrative/management staffing levels to determine if proportional reductions in staff and reorganization are in order. (Findings 7, 13, 17, 21-22) 6. MCOE Superintendent shall improve communications with employees, by ensuring respectful, transparent and honest dialogues on a monthly basis. (Findings 1, 6, 8-
F19: In one instance a teacher filed a written complaint with their supervisor about a serious health and safety issue. The employee refused to return to work until the issue was resolved. The supervisor responded and the issue was corrected. A formal grievance was never filed as the issue was resolved in the informal step.
Related Recommendations (3)
R1: MCOE and MCFSE shall issue a joint message to all covered employees and management reinforcing the fact that contracts are jointly negotiated in good faith, and agreed to and supported by all parties. Certificated and Classified employees shall review their contracts and use without fear of retaliation, the resources provided in those contracts. (Findings 5, 8-20, 22)
R3: any effort on the part of management to discourage an employee from speaking out, utilizing their grievance procedure, or singling out employees for doing so, should immediately be acted upon by both MFSCE and MCOE, as a violation of labor law. (Findings 5, 8-20, 22)
R17: 3. any effort on the part of management to discourage an employee from speaking out, utilizing their grievance procedure, or singling out employees for doing so, should immediately be acted upon by both MFSCE and MCOE, as a violation of labor law. (Findings 5, 8-20, 22) 4. MCOE management and administration shall maintain their policy of taking proportional reductions in salary and benefits whenever salary reductions are required of Certificated and Classified staff. (Findings 14-17) 5. in light of impending layoffs and school closings, MCOE should examine its administrative/management staffing levels to determine if proportional reductions in staff and reorganization are in order. (Findings 7, 13, 17, 21-22) 6. MCOE Superintendent shall improve communications with employees, by ensuring respectful, transparent and honest dialogues on a monthly basis. (Findings 1, 6, 8-
F20: It is against labor law for management to single out or threaten retaliation upon, any employee for speaking out or filing a grievance.
Related Recommendations (3)
R1: MCOE and MCFSE shall issue a joint message to all covered employees and management reinforcing the fact that contracts are jointly negotiated in good faith, and agreed to and supported by all parties. Certificated and Classified employees shall review their contracts and use without fear of retaliation, the resources provided in those contracts. (Findings 5, 8-20, 22)
R3: any effort on the part of management to discourage an employee from speaking out, utilizing their grievance procedure, or singling out employees for doing so, should immediately be acted upon by both MFSCE and MCOE, as a violation of labor law. (Findings 5, 8-20, 22)
R17: 3. any effort on the part of management to discourage an employee from speaking out, utilizing their grievance procedure, or singling out employees for doing so, should immediately be acted upon by both MFSCE and MCOE, as a violation of labor law. (Findings 5, 8-20, 22) 4. MCOE management and administration shall maintain their policy of taking proportional reductions in salary and benefits whenever salary reductions are required of Certificated and Classified staff. (Findings 14-17) 5. in light of impending layoffs and school closings, MCOE should examine its administrative/management staffing levels to determine if proportional reductions in staff and reorganization are in order. (Findings 7, 13, 17, 21-22) 6. MCOE Superintendent shall improve communications with employees, by ensuring respectful, transparent and honest dialogues on a monthly basis. (Findings 1, 6, 8-
F21: The Deputy Superintendent/Special Education Director received a “Notice of Compensation and Assignment Reduction”, as did all MCOE managers.
Related Recommendations (2)
R5: in light of impending layoffs and school closings, MCOE should examine its administrative/management staffing levels to determine if proportional reductions in staff and reorganization are in order. (Findings 7, 13, 17, 21-22)
R17: 3. any effort on the part of management to discourage an employee from speaking out, utilizing their grievance procedure, or singling out employees for doing so, should immediately be acted upon by both MFSCE and MCOE, as a violation of labor law. (Findings 5, 8-20, 22) 4. MCOE management and administration shall maintain their policy of taking proportional reductions in salary and benefits whenever salary reductions are required of Certificated and Classified staff. (Findings 14-17) 5. in light of impending layoffs and school closings, MCOE should examine its administrative/management staffing levels to determine if proportional reductions in staff and reorganization are in order. (Findings 7, 13, 17, 21-22) 6. MCOE Superintendent shall improve communications with employees, by ensuring respectful, transparent and honest dialogues on a monthly basis. (Findings 1, 6, 8-
F22: In the 2009-2010 school year some Special Education staff received notices of possible reassignment based on seniority. One Certificated teacher and one Classified staff member were laid-off due to the closing of Trinity School in Ukiah.
Related Recommendations (2)
R5: in light of impending layoffs and school closings, MCOE should examine its administrative/management staffing levels to determine if proportional reductions in staff and reorganization are in order. (Findings 7, 13, 17, 21-22)
R17: 3. any effort on the part of management to discourage an employee from speaking out, utilizing their grievance procedure, or singling out employees for doing so, should immediately be acted upon by both MFSCE and MCOE, as a violation of labor law. (Findings 5, 8-20, 22) 4. MCOE management and administration shall maintain their policy of taking proportional reductions in salary and benefits whenever salary reductions are required of Certificated and Classified staff. (Findings 14-17) 5. in light of impending layoffs and school closings, MCOE should examine its administrative/management staffing levels to determine if proportional reductions in staff and reorganization are in order. (Findings 7, 13, 17, 21-22) 6. MCOE Superintendent shall improve communications with employees, by ensuring respectful, transparent and honest dialogues on a monthly basis. (Findings 1, 6, 8-
F23: MCOE Board of Education Meetings are held during the work day, when Certificated and Classified staff, parents and working community members are unable to attend. Other County school districts have school board meetings at a time when staff and parents can attend. Findings - Special Education
Related Recommendations (2)
R8: MCOE and SELPA need to educate the general public on the complexities of providing special education and the consequences of unfunded or underfunded mandated services by airing the meetings on local media access channels. (Findings 7, 23-37)
R14: 7. MCOE shall ensure that management staff is considerate and professional (e.g., by not issuing layoff notices in front of students and peers). (Findings 1, 9-12, 20) 8. MCOE and SELPA need to educate the general public on the complexities of providing special education and the consequences of unfunded or underfunded mandated services by airing the meetings on local media access channels. (Findings 7, 23-37) 9. MCOE shall schedule meetings at a time that will allow Certificated and Classified personnel and the general public the opportunity to attend. (Findings 9, 23) 10. MCOE shall create and maintain a personnel oversight committee consisting of the MCOE human resources director, a MCFSE officer, and a MCOE trustee. This committee should act as an additional recipient of all MCOE employee complaints, at the first informal stage of the grievance process. (Findings 1, 9-12, 14-16, 20)
F24: The goals of SELPA are to ensure that an appropriate continuum of programs and services are available to each student with exceptional needs, and that these programs are provided in the “least restrictive environment”, with an ultimate objective to mainstream these students.
Related Recommendations (2)
R8: MCOE and SELPA need to educate the general public on the complexities of providing special education and the consequences of unfunded or underfunded mandated services by airing the meetings on local media access channels. (Findings 7, 23-37)
R14: 7. MCOE shall ensure that management staff is considerate and professional (e.g., by not issuing layoff notices in front of students and peers). (Findings 1, 9-12, 20) 8. MCOE and SELPA need to educate the general public on the complexities of providing special education and the consequences of unfunded or underfunded mandated services by airing the meetings on local media access channels. (Findings 7, 23-37) 9. MCOE shall schedule meetings at a time that will allow Certificated and Classified personnel and the general public the opportunity to attend. (Findings 9, 23) 10. MCOE shall create and maintain a personnel oversight committee consisting of the MCOE human resources director, a MCFSE officer, and a MCOE trustee. This committee should act as an additional recipient of all MCOE employee complaints, at the first informal stage of the grievance process. (Findings 1, 9-12, 14-16, 20)
F25: Each SELPA must have an administrative unit who is responsible for receiving and distributing funds. The SELPA, which includes all school districts and MCOE, is responsible for ensuring that every student receives the necessary mandated services.
Related Recommendations (2)
R8: MCOE and SELPA need to educate the general public on the complexities of providing special education and the consequences of unfunded or underfunded mandated services by airing the meetings on local media access channels. (Findings 7, 23-37)
R14: 7. MCOE shall ensure that management staff is considerate and professional (e.g., by not issuing layoff notices in front of students and peers). (Findings 1, 9-12, 20) 8. MCOE and SELPA need to educate the general public on the complexities of providing special education and the consequences of unfunded or underfunded mandated services by airing the meetings on local media access channels. (Findings 7, 23-37) 9. MCOE shall schedule meetings at a time that will allow Certificated and Classified personnel and the general public the opportunity to attend. (Findings 9, 23) 10. MCOE shall create and maintain a personnel oversight committee consisting of the MCOE human resources director, a MCFSE officer, and a MCOE trustee. This committee should act as an additional recipient of all MCOE employee complaints, at the first informal stage of the grievance process. (Findings 1, 9-12, 14-16, 20)
F26: The SELPA Chief Administrator for MCOE is the Deputy Superintendent who is responsible for: • Ensuring program availability for all students with disabilities, • Curriculum/Program development support, • Community advisory committee support, • Management Information System, • Transition planning, • Legal assistance, • Personnel development, • Budget planning and review, • Evaluation, • Interagency coordination, • Fiscal management, • Program specialists, • Community awareness, • Compliance with all State and Federal laws and regulations. This was formerly the responsibility of the State and has been recently assigned to SELPA.
Related Recommendations (2)
R8: MCOE and SELPA need to educate the general public on the complexities of providing special education and the consequences of unfunded or underfunded mandated services by airing the meetings on local media access channels. (Findings 7, 23-37)
R14: 7. MCOE shall ensure that management staff is considerate and professional (e.g., by not issuing layoff notices in front of students and peers). (Findings 1, 9-12, 20) 8. MCOE and SELPA need to educate the general public on the complexities of providing special education and the consequences of unfunded or underfunded mandated services by airing the meetings on local media access channels. (Findings 7, 23-37) 9. MCOE shall schedule meetings at a time that will allow Certificated and Classified personnel and the general public the opportunity to attend. (Findings 9, 23) 10. MCOE shall create and maintain a personnel oversight committee consisting of the MCOE human resources director, a MCFSE officer, and a MCOE trustee. This committee should act as an additional recipient of all MCOE employee complaints, at the first informal stage of the grievance process. (Findings 1, 9-12, 14-16, 20)
F27: Students identified as eligible for special education, with parental approval, must have an Individualized Education Plan, (IEP), identifying the specific services to be provided as well as educational goals and objectives for that student. Mendocino County has approximately 13,600 students. Thirteen percent of these students have IEPs, (~1,760). Approximately three percent of the students with IEPs are considered severely disabled, (~53).
Related Recommendations (2)
R8: MCOE and SELPA need to educate the general public on the complexities of providing special education and the consequences of unfunded or underfunded mandated services by airing the meetings on local media access channels. (Findings 7, 23-37)
R14: 7. MCOE shall ensure that management staff is considerate and professional (e.g., by not issuing layoff notices in front of students and peers). (Findings 1, 9-12, 20) 8. MCOE and SELPA need to educate the general public on the complexities of providing special education and the consequences of unfunded or underfunded mandated services by airing the meetings on local media access channels. (Findings 7, 23-37) 9. MCOE shall schedule meetings at a time that will allow Certificated and Classified personnel and the general public the opportunity to attend. (Findings 9, 23) 10. MCOE shall create and maintain a personnel oversight committee consisting of the MCOE human resources director, a MCFSE officer, and a MCOE trustee. This committee should act as an additional recipient of all MCOE employee complaints, at the first informal stage of the grievance process. (Findings 1, 9-12, 14-16, 20)
F28: The budget for Mendocino SELPA, a consortium including all County school districts and MCOE, is between $16-$17 million dollars. 29.Providing special education programs and services is very costly, with costs increasing exponentially with the increasing level of severity of the disability. The average yearly cost to educate a general education student is approximately $6,500. The average yearly costs to educate a special education student can be between $8,000 and $85,000, and in some instances, more. Over the past 30 years the Federal Government has consistently underfunded its mandates, promising to pay 40 percent of costs, but only contributing between seven to 15 percent of their commitment. 30.Each school district has its own special education budget allocated by SELPA. Since special education services are mandated, MCOE and each of the County school districts are required to make up for the fiscal shortfalls out of district or County general funds. 31.If MCOE or a school district were to eliminate mandated services that had been agreed upon through the IEPs, they would risk losing Federal and State funding. Prior to such a sanction corrective actions could be ordered by the State, following a compliance investigation. 32.Parents have access to due process hearings by the California Department of Education if they feel their school district is not providing the special education services their child requires. 33.When a student’s special education needs cannot be met within the County, placement and/or services are identified and provided out-of-County at the expense of the district and SELPA. In most instances, this is done in partnership with other County agencies including Mental Health, Probation, Social Services and the Redwood Regional Center. 34.Sending students out-of-County is more costly than providing the mandated services within the County. 35.Financial responsibility for students requiring residential placement is vastly complex. Factors include: the student’s original residence, the placement agency, the residence location of the parent or guardian, student’s residential and non- educational costs, and the legal authority defined by Federal and State laws and educational codes.
Related Recommendations (2)
R8: MCOE and SELPA need to educate the general public on the complexities of providing special education and the consequences of unfunded or underfunded mandated services by airing the meetings on local media access channels. (Findings 7, 23-37)
R14: 7. MCOE shall ensure that management staff is considerate and professional (e.g., by not issuing layoff notices in front of students and peers). (Findings 1, 9-12, 20) 8. MCOE and SELPA need to educate the general public on the complexities of providing special education and the consequences of unfunded or underfunded mandated services by airing the meetings on local media access channels. (Findings 7, 23-37) 9. MCOE shall schedule meetings at a time that will allow Certificated and Classified personnel and the general public the opportunity to attend. (Findings 9, 23) 10. MCOE shall create and maintain a personnel oversight committee consisting of the MCOE human resources director, a MCFSE officer, and a MCOE trustee. This committee should act as an additional recipient of all MCOE employee complaints, at the first informal stage of the grievance process. (Findings 1, 9-12, 14-16, 20)
Findings & Recommendations 22 findings
F1: The MCSO main storage Evidence Room has one full time and one part-time Evidence Technician and serves and assists all local law enforcement agencies, including the CHP, CAL FIRE, and the Department of Fish & Game.
Related Recommendations (2)
R1: the Mendocino County Board of Supervisors add a position for an Evidence Technician intern, as soon as possible. (Findings 1-3, 16-17)
R2: the Mendocino County Sheriff implement a part-time Evidence Room aide utilizing a student and/or volunteer. (Findings 1-3, 9-10, 16-17)
F2: In the past, four Evidence Technicians were employed. Evidence intake has doubled in the last 10 years.
Related Recommendations (2)
R1: the Mendocino County Board of Supervisors add a position for an Evidence Technician intern, as soon as possible. (Findings 1-3, 16-17)
R2: the Mendocino County Sheriff implement a part-time Evidence Room aide utilizing a student and/or volunteer. (Findings 1-3, 9-10, 16-17)
F3: It is estimated that a new Evidence Technician would require three years of supervised training.
Related Recommendations (3)
R1: the Mendocino County Board of Supervisors add a position for an Evidence Technician intern, as soon as possible. (Findings 1-3, 16-17)
R2: the Mendocino County Sheriff implement a part-time Evidence Room aide utilizing a student and/or volunteer. (Findings 1-3, 9-10, 16-17)
R3: General Services install a fire suppression system in the office area to protect the paper records, which are not currently backed up. (Findings 3- 5)
F4: Records detailing where the evidence is stored in the facility are kept manually in a card file. There is no back up in case of fire or other loss.
Related Recommendations (4)
R3: General Services install a fire suppression system in the office area to protect the paper records, which are not currently backed up. (Findings 3- 5)
R4: the Mendocino County Sheriff institute a bar-code system for evidence storage. (Findings 4-5, 8-10, 20)
R5: the Mendocino County Sheriff work with the Evidence Technician to create a list of necessary upgrades for the Evidence Room. (Findings 4-6, 9-17, 19-20)
R6: the Mendocino County Sheriff create a five year plan to achieve the Evidence Room upgrades, endorsed by Mendocino County Board of Supervisors. (Findings 4-6, 9-17, 19-20)
F5: Finger prints are kept manually and digitally.
Related Recommendations (4)
R3: General Services install a fire suppression system in the office area to protect the paper records, which are not currently backed up. (Findings 3- 5)
R4: the Mendocino County Sheriff institute a bar-code system for evidence storage. (Findings 4-5, 8-10, 20)
R5: the Mendocino County Sheriff work with the Evidence Technician to create a list of necessary upgrades for the Evidence Room. (Findings 4-6, 9-17, 19-20)
R6: the Mendocino County Sheriff create a five year plan to achieve the Evidence Room upgrades, endorsed by Mendocino County Board of Supervisors. (Findings 4-6, 9-17, 19-20)
F6: There was a strong odor of marijuana in the facility, which has very poor ventilation.
Related Recommendations (2)
R5: the Mendocino County Sheriff work with the Evidence Technician to create a list of necessary upgrades for the Evidence Room. (Findings 4-6, 9-17, 19-20)
R6: the Mendocino County Sheriff create a five year plan to achieve the Evidence Room upgrades, endorsed by Mendocino County Board of Supervisors. (Findings 4-6, 9-17, 19-20)
F7: The facility requires and has a temperature controlled environment and an alarm system.
F8: The GJ observed the forensics lab, weapons, and other evidence.
Related Recommendations (1)
R4: the Mendocino County Sheriff institute a bar-code system for evidence storage. (Findings 4-5, 8-10, 20)
F9: There are an estimated 96,000 items of evidence in the 5,000 square foot facility.
Related Recommendations (5)
R2: the Mendocino County Sheriff implement a part-time Evidence Room aide utilizing a student and/or volunteer. (Findings 1-3, 9-10, 16-17)
R4: the Mendocino County Sheriff institute a bar-code system for evidence storage. (Findings 4-5, 8-10, 20)
R5: the Mendocino County Sheriff work with the Evidence Technician to create a list of necessary upgrades for the Evidence Room. (Findings 4-6, 9-17, 19-20)
R6: the Mendocino County Sheriff create a five year plan to achieve the Evidence Room upgrades, endorsed by Mendocino County Board of Supervisors. (Findings 4-6, 9-17, 19-20)
R7: the Mendocino County District Attorney adopt either the Mendocino County District Attorney’s Office Disposition-Evidence Memo or the Authorization for Release/Disposition of Property. (Findings 9-17)
F10: The GJ observed the facility to be at maximum storage capacity.
Related Recommendations (5)
R2: the Mendocino County Sheriff implement a part-time Evidence Room aide utilizing a student and/or volunteer. (Findings 1-3, 9-10, 16-17)
R4: the Mendocino County Sheriff institute a bar-code system for evidence storage. (Findings 4-5, 8-10, 20)
R5: the Mendocino County Sheriff work with the Evidence Technician to create a list of necessary upgrades for the Evidence Room. (Findings 4-6, 9-17, 19-20)
R6: the Mendocino County Sheriff create a five year plan to achieve the Evidence Room upgrades, endorsed by Mendocino County Board of Supervisors. (Findings 4-6, 9-17, 19-20)
R7: the Mendocino County District Attorney adopt either the Mendocino County District Attorney’s Office Disposition-Evidence Memo or the Authorization for Release/Disposition of Property. (Findings 9-17)
F11: Evidence is returned or disposed of when the court determines it is no longer needed or upon notification by the MCDAO, or by staff, or claimed by the owner.
Related Recommendations (3)
R5: the Mendocino County Sheriff work with the Evidence Technician to create a list of necessary upgrades for the Evidence Room. (Findings 4-6, 9-17, 19-20)
R6: the Mendocino County Sheriff create a five year plan to achieve the Evidence Room upgrades, endorsed by Mendocino County Board of Supervisors. (Findings 4-6, 9-17, 19-20)
R7: the Mendocino County District Attorney adopt either the Mendocino County District Attorney’s Office Disposition-Evidence Memo or the Authorization for Release/Disposition of Property. (Findings 9-17)
F12: When a person makes a claim for their property, a Property Release Form is issued by the MCDAO. However, a court order is required for release of drugs or property seized with a search warrant.
Related Recommendations (3)
R5: the Mendocino County Sheriff work with the Evidence Technician to create a list of necessary upgrades for the Evidence Room. (Findings 4-6, 9-17, 19-20)
R6: the Mendocino County Sheriff create a five year plan to achieve the Evidence Room upgrades, endorsed by Mendocino County Board of Supervisors. (Findings 4-6, 9-17, 19-20)
R7: the Mendocino County District Attorney adopt either the Mendocino County District Attorney’s Office Disposition-Evidence Memo or the Authorization for Release/Disposition of Property. (Findings 9-17)
F13: If there is no court order for disposal, and property is not claimed, the evidence remains stored in the facility.
Related Recommendations (3)
R5: the Mendocino County Sheriff work with the Evidence Technician to create a list of necessary upgrades for the Evidence Room. (Findings 4-6, 9-17, 19-20)
R6: the Mendocino County Sheriff create a five year plan to achieve the Evidence Room upgrades, endorsed by Mendocino County Board of Supervisors. (Findings 4-6, 9-17, 19-20)
R7: the Mendocino County District Attorney adopt either the Mendocino County District Attorney’s Office Disposition-Evidence Memo or the Authorization for Release/Disposition of Property. (Findings 9-17)
F14: The MCSO form Authorization for Release/Disposition of Property, is approved by the Evidence Technician, but not utilized by the MCDAO. (See Appendix A)
Related Recommendations (3)
R5: the Mendocino County Sheriff work with the Evidence Technician to create a list of necessary upgrades for the Evidence Room. (Findings 4-6, 9-17, 19-20)
R6: the Mendocino County Sheriff create a five year plan to achieve the Evidence Room upgrades, endorsed by Mendocino County Board of Supervisors. (Findings 4-6, 9-17, 19-20)
R7: the Mendocino County District Attorney adopt either the Mendocino County District Attorney’s Office Disposition-Evidence Memo or the Authorization for Release/Disposition of Property. (Findings 9-17)
F15: A form, the Mendocino County District Attorney Office Disposition-Evidence Memo, has not been adopted or utilized by the MCDAO. (See Appendix B)
Related Recommendations (3)
R5: the Mendocino County Sheriff work with the Evidence Technician to create a list of necessary upgrades for the Evidence Room. (Findings 4-6, 9-17, 19-20)
R6: the Mendocino County Sheriff create a five year plan to achieve the Evidence Room upgrades, endorsed by Mendocino County Board of Supervisors. (Findings 4-6, 9-17, 19-20)
R7: the Mendocino County District Attorney adopt either the Mendocino County District Attorney’s Office Disposition-Evidence Memo or the Authorization for Release/Disposition of Property. (Findings 9-17)
F16: The lack of sufficient personnel assigned to the Identification Unit, and the lack of notification of adjudicated cases by the MCDAO, has resulted in an overburdened evidence and property system.
Related Recommendations (5)
R1: the Mendocino County Board of Supervisors add a position for an Evidence Technician intern, as soon as possible. (Findings 1-3, 16-17)
R2: the Mendocino County Sheriff implement a part-time Evidence Room aide utilizing a student and/or volunteer. (Findings 1-3, 9-10, 16-17)
R5: the Mendocino County Sheriff work with the Evidence Technician to create a list of necessary upgrades for the Evidence Room. (Findings 4-6, 9-17, 19-20)
R6: the Mendocino County Sheriff create a five year plan to achieve the Evidence Room upgrades, endorsed by Mendocino County Board of Supervisors. (Findings 4-6, 9-17, 19-20)
R7: the Mendocino County District Attorney adopt either the Mendocino County District Attorney’s Office Disposition-Evidence Memo or the Authorization for Release/Disposition of Property. (Findings 9-17)
F17: Purging and disposition of evidence requires that staff: • choose a container with an old date, • research the case number in the Sheriff’s Arrest Records to find the name of the perpetrator; there are often several suspects on one report, • search for the names in the MCDAO and court records, • check the name of each individual to determine if there is an active arrest, bench warrant, pending felony, or litigation, • check the statute of limitations for the particular crime; some evidence must be held for as long as 99 years.
Related Recommendations (5)
R1: the Mendocino County Board of Supervisors add a position for an Evidence Technician intern, as soon as possible. (Findings 1-3, 16-17)
R2: the Mendocino County Sheriff implement a part-time Evidence Room aide utilizing a student and/or volunteer. (Findings 1-3, 9-10, 16-17)
R5: the Mendocino County Sheriff work with the Evidence Technician to create a list of necessary upgrades for the Evidence Room. (Findings 4-6, 9-17, 19-20)
R6: the Mendocino County Sheriff create a five year plan to achieve the Evidence Room upgrades, endorsed by Mendocino County Board of Supervisors. (Findings 4-6, 9-17, 19-20)
R7: the Mendocino County District Attorney adopt either the Mendocino County District Attorney’s Office Disposition-Evidence Memo or the Authorization for Release/Disposition of Property. (Findings 9-17)
F18: Refrigerated evidence is kept in energy efficient refrigerators that are maintained and checked according to schedule. There are two generators for back-up electricity.
F19: The fire extinguishers were found to have current certification tags. There is no automatic fire suppression system in the facility. Such a system could contaminate or destroy evidence.
Related Recommendations (2)
R5: the Mendocino County Sheriff work with the Evidence Technician to create a list of necessary upgrades for the Evidence Room. (Findings 4-6, 9-17, 19-20)
R6: the Mendocino County Sheriff create a five year plan to achieve the Evidence Room upgrades, endorsed by Mendocino County Board of Supervisors. (Findings 4-6, 9-17, 19-20)
F20: A bar-code evidence retention system, which will clearly show items intake and output, is being evaluated for use throughout the County.
Related Recommendations (2)
R5: the Mendocino County Sheriff work with the Evidence Technician to create a list of necessary upgrades for the Evidence Room. (Findings 4-6, 9-17, 19-20)
R6: the Mendocino County Sheriff create a five year plan to achieve the Evidence Room upgrades, endorsed by Mendocino County Board of Supervisors. (Findings 4-6, 9-17, 19-20)
F21: There is a tripping hazard at the entrance to the office. No threshold is installed between the cement floor and the carpeted office.
Related Recommendations (1)
R8: General Services inspect and correct the tripping hazard. (Finding 21)
F22: The southwest corner of the property has a tree with a large branch that encroaches on the power lines.
Related Recommendations (1)
R9: General Services contact the appropriate utility to have the encroaching tree trimmed. (Finding 22)
Findings & Recommendations 9 findings
F1: The staff includes one Lieutenant, three Sergeants, one Evidence Technician/Office Assistant, nine Deputies, one Animal Control Officer, and one Detective.
F2: The Coast has two unfilled Deputy positions; one is the South Coast Resident Deputy and the other would be assigned to the Substation in Fort Bragg.
Related Recommendations (1)
R1: the Mendocino County Sheriff fill the two vacant deputy positions. (Finding 2)
F3: The Evidence Technician/Office Assistant position has been reduced to 32 hours per week.
Related Recommendations (1)
R2: the Mendocino County Sheriff recruit and train a student to aid in office duties at the Fort Bragg substation. (Finding 3)
F4: The MCSO/FB Substation no longer has a K-9 unit for officer protection or drug recognition.
Related Recommendations (1)
R3: the Mendocino County Sheriff replace the K-9 unit. (Finding 4)
F5: There is no security camera to monitor the south entrance of the building, including the fenced area securing the parking lot.
Related Recommendations (1)
R4: General Services install an additional security camera to monitor the south entrance and fenced parking area. (Finding 5)
F6: The communication system has been improved. The system has three main channels: North County, Coast, and Ukiah.
F7: The Mendocino County District Attorney has not adopted the Mendocino County District Attorney’s Office Disposition-Evidence Release Memo.
Related Recommendations (1)
R5: the Mendocino County Sheriff encourage the Mendocino County District Attorney to adopt and use the Mendocino County District Attorney’s Office Disposition-Evidence Release Memo. (Findings 7-9)
F8: Evidence should be released by the Mendocino County District Attorney’s Office, (MCDAO), when a case is dismissed or adjudicated. Certain evidence, such as weapons, drugs, and evidence obtained with a search warrant, requires a court order for release.
Related Recommendations (1)
R5: the Mendocino County Sheriff encourage the Mendocino County District Attorney to adopt and use the Mendocino County District Attorney’s Office Disposition-Evidence Release Memo. (Findings 7-9)
F9: The MCDAO does not notify the evidence room when a case has reached final disposition. This results in an accumulation of evidence that is no longer needed.
Related Recommendations (1)
R5: the Mendocino County Sheriff encourage the Mendocino County District Attorney to adopt and use the Mendocino County District Attorney’s Office Disposition-Evidence Release Memo. (Findings 7-9)
Findings & Recommendations 19 findings
F1: The FBPD staff consists of: one Chief of Police, one Administrative Assistant, one Captain, three Sergeants, one School Resource Officer, two Police Services Technicians, nine Police Officers, two Community Service Officers, and one Detective, who is presently assigned to the Task Force.
F2: In February 2010, there was a 10% reduction in staff, decreasing the number to the 1990 levels.
F3: There are two bilingual officers who receive additional pay.
F4: One of the three community service officer positions has been frozen.
Related Recommendations (1)
R1: the Fort Bragg City Council request asset forfeiture funds from the District Attorney to temporarily fund three community service officers. (Finding 4)
F5: The School Resource Officer funding will end July 2010.
Related Recommendations (2)
R2: the Fort Bragg Unified School District request asset forfeiture funds from the District Attorney to temporarily fund the position of school resource officer. (Finding 5)
R3: the District Attorney fund anti-drug and gang prevention programs in all Mendocino County School Districts using asset forfeiture funds for the 2010- 2011 School Year. (Finding 5)
F6: The FBPD dispatch services are provided by the Ukiah Police Department.
F7: The FBPD reinstated their K-9 unit with a trained dog, donated by an out-of- county law enforcement agency.
F8: The booking area is available to other law enforcement agencies for a $50 fee per occurrence.
F9: The average bookings are between 150 and 200 annually.
F10: Persons who are arrested and booked are transported to the Mendocino County Jail, usually within two hours; if not booked, they are cited and released.
F11: The MCDAO subpoenas multiple officers to testify. Officers must travel to Ukiah and are required to allot a minimum of four hours, leaving the FBPD short staffed.
F12: It was reported that habitual offenders are often not charged by the MCDAO.
F13: The FBPD has an evidence room that may also serve as storage for the defendant’s personal property or lost and found property.
F14: The evidence room lacks a blood drying cabinet.
Related Recommendations (1)
R4: the Fort Bragg Police Department use asset forfeiture funds to purchase a blood drying cabinet. (Finding 14)
F15: Evidence should be released by the MCDAO, when a case is dismissed or adjudicated. A court order is required to release weapons, drugs, or any evidence obtained with a search warrant.
Related Recommendations (1)
R5: the Mendocino County District Attorney notify all evidence rooms of case disposition immediately upon resolution. (Finding 15)
F16: The Information Technology Department created a software program to list dismissed and adjudicated cases using data from the MCDAO records.
F17: Since the software report has become available, the evidence room is able to purge unneeded evidence and clear the backlog.
F18: The District Attorney has not adopted the Mendocino County District Attorney’s Office Disposition-Evidence Release Memo.
Related Recommendations (1)
R6: the Mendocino County District Attorney adopt and use the Mendocino County District Attorney Disposition-Evidence Release Memo. (Finding 18)
F19: Officers are encouraged to be involved in community service activities. Some recent events include the Scout-O-Rama, Safe Communities Day, Lion’s Carnival, Safety Day, and the Police Activity League Bicycle Rodeo.
Findings & Recommendations 17 findings
F1: The WPD staff consists of: one Chief, one Administrative Assistant, four Sergeants, eight Officers, one Reserve Officer, one part-time Investigator, one Community Service Officer, (who also works in the Evidence Room), four fulltime Dispatchers, and five part-time Dispatchers. There are no vacant positions.
F2: The WPD is housed in the Willits Justice Center, a County-owned building.
F3: The Willits branch of the Superior Court was recently closed due to State budget cuts.
F4: Willits police officers who must appear in court, now travel to Ukiah or Fort Bragg.
F5: Prior to the court closing, Willits police officers were able to work until their testimony was required.
F6: The Mendocino County District Attorney’s Office, (MCDAO), may call multiple officers to testify, leaving WPD short-staffed.
F7: Officers’ time was better utilized when subpoenaed to the Willits Superior Court.
F8: Officer testimony can create overtime cost. There is a minimum of three hours pay when an off-duty officer is called to testify.
F9: The initial 30-year Lease Agreement terms between the City of Willits and the County, dated May 1,1987, state: • 5. a. “…the annual rent is $30,000. Such rent shall be payable in equal installments of fifteen thousand dollars ($15,000), on or before February 1 and August 1...” • 5. c. “For the Extended Term of this Lease which follows the initial term, the Tenant shall pay the Landlord $1 in rent on February 1…” • 8. b. “Landlord shall repair and maintain the structural portions of the building, both interior and exterior.”
Related Recommendations (2)
R1: in accordance with the lease agreement the Mendocino County General Services Department, make all necessary repairs to the building. (Findings 9-16)
R2: the Mendocino County General Services Department consults with an outside Engineer, to inspect for structural damage. (Findings 9-16)
F10: The value of the County-owned building diminishes every year the roof leaks.
Related Recommendations (2)
R1: in accordance with the lease agreement the Mendocino County General Services Department, make all necessary repairs to the building. (Findings 9-16)
R2: the Mendocino County General Services Department consults with an outside Engineer, to inspect for structural damage. (Findings 9-16)
F11: The MCGS is responsible for any building repairs.
Related Recommendations (2)
R1: in accordance with the lease agreement the Mendocino County General Services Department, make all necessary repairs to the building. (Findings 9-16)
R2: the Mendocino County General Services Department consults with an outside Engineer, to inspect for structural damage. (Findings 9-16)
F12: Repeated repairs by MCGS have not been successful.
Related Recommendations (2)
R1: in accordance with the lease agreement the Mendocino County General Services Department, make all necessary repairs to the building. (Findings 9-16)
R2: the Mendocino County General Services Department consults with an outside Engineer, to inspect for structural damage. (Findings 9-16)
F13: The exterior stucco siding at several locations on the building is delaminating and is a safety hazard.
Related Recommendations (2)
R1: in accordance with the lease agreement the Mendocino County General Services Department, make all necessary repairs to the building. (Findings 9-16)
R2: the Mendocino County General Services Department consults with an outside Engineer, to inspect for structural damage. (Findings 9-16)
F14: Buckets catching rainwater in the work areas create a safety hazard.
Related Recommendations (2)
R1: in accordance with the lease agreement the Mendocino County General Services Department, make all necessary repairs to the building. (Findings 9-16)
R2: the Mendocino County General Services Department consults with an outside Engineer, to inspect for structural damage. (Findings 9-16)
F15: Plastic sheeting covers electronics, office equipment, and desks, reducing work productivity.
Related Recommendations (2)
R1: in accordance with the lease agreement the Mendocino County General Services Department, make all necessary repairs to the building. (Findings 9-16)
R2: the Mendocino County General Services Department consults with an outside Engineer, to inspect for structural damage. (Findings 9-16)
F16: The ongoing moisture can be an environment for mold and dry rot which can create a health and safety hazard for employees.
Related Recommendations (2)
R1: in accordance with the lease agreement the Mendocino County General Services Department, make all necessary repairs to the building. (Findings 9-16)
R2: the Mendocino County General Services Department consults with an outside Engineer, to inspect for structural damage. (Findings 9-16)
F17: The WPD uses a bar-code system to identify items in their evidence room.

Findings and recommendations not yet extracted.

Findings & Recommendations 14 findings
F1: During the summer of 2009 citizens observed and reported to the MCSO that tank trucks were making unauthorized withdrawals of water under cover of darkness, from the Potter Valley irrigation canals and other locations.
Related Recommendations (2)
R2: the Mendocino County District Attorney, (DA), support the efforts of law enforcement agencies by prosecuting those who cause damage to water resources and the environment. (Findings 1-5, 8)
R6: it is the responsibility of citizens to perform due diligence and report suspected unauthorized taking of water and or creek degradation/pollution. (Findings 1-2, 13-14)
F2: The theft of water is a violation of California Penal Code §484 (petty theft) or §487 (grand theft, over $400).
Related Recommendations (2)
R2: the Mendocino County District Attorney, (DA), support the efforts of law enforcement agencies by prosecuting those who cause damage to water resources and the environment. (Findings 1-5, 8)
R6: it is the responsibility of citizens to perform due diligence and report suspected unauthorized taking of water and or creek degradation/pollution. (Findings 1-2, 13-14)
F3: The GJ obtained photographic evidence taken during the 2009 growing season, showing water being diverted from creeks for irrigation purposes at illegal marijuana growing sites.
Related Recommendations (4)
R1: MCSO, Department of Fish and Game, United States Forest Service, and BLM mount a coordinated and concentrated effort to prevent environmental and watershed damage early in the growing season by initiating environmental inspections and cleanup programs for known sites. (Findings 3-11)
R2: the Mendocino County District Attorney, (DA), support the efforts of law enforcement agencies by prosecuting those who cause damage to water resources and the environment. (Findings 1-5, 8)
R3: the DA charge growers, found in control of illegal sites, with the cost of site cleanup. (Findings 3-7, 9)
R4: the appropriate law enforcement agency use asset forfeiture funds to institute a program to clean up illegal sites, remove toxins, open the natural water flow, and dispose of material used at the site; i.e. plastic pipe, water storage containers, and plastic sheeting. (Findings 3-7, 9)
F4: Animal carcasses, human garbage, human waste, herbicides and animal poisons have been recently found at these sites.
Related Recommendations (4)
R1: MCSO, Department of Fish and Game, United States Forest Service, and BLM mount a coordinated and concentrated effort to prevent environmental and watershed damage early in the growing season by initiating environmental inspections and cleanup programs for known sites. (Findings 3-11)
R2: the Mendocino County District Attorney, (DA), support the efforts of law enforcement agencies by prosecuting those who cause damage to water resources and the environment. (Findings 1-5, 8)
R3: the DA charge growers, found in control of illegal sites, with the cost of site cleanup. (Findings 3-7, 9)
R4: the appropriate law enforcement agency use asset forfeiture funds to institute a program to clean up illegal sites, remove toxins, open the natural water flow, and dispose of material used at the site; i.e. plastic pipe, water storage containers, and plastic sheeting. (Findings 3-7, 9)
F5: Photos also show water being polluted by highly toxic compounds. These toxins are used as fertilizer and pesticides which are diluted by mixing them with water in dammed areas of the stream bed. Possession and use of many of these chemicals are banned In the United States. (See Appendix B)
Related Recommendations (4)
R1: MCSO, Department of Fish and Game, United States Forest Service, and BLM mount a coordinated and concentrated effort to prevent environmental and watershed damage early in the growing season by initiating environmental inspections and cleanup programs for known sites. (Findings 3-11)
R2: the Mendocino County District Attorney, (DA), support the efforts of law enforcement agencies by prosecuting those who cause damage to water resources and the environment. (Findings 1-5, 8)
R3: the DA charge growers, found in control of illegal sites, with the cost of site cleanup. (Findings 3-7, 9)
R4: the appropriate law enforcement agency use asset forfeiture funds to institute a program to clean up illegal sites, remove toxins, open the natural water flow, and dispose of material used at the site; i.e. plastic pipe, water storage containers, and plastic sheeting. (Findings 3-7, 9)
F6: Illegal marijuana growers have been responsible for the clear-cutting and clearing of vegetation, and the terracing of slopes that contribute to soil erosion and cause damage to the watershed.
Related Recommendations (3)
R1: MCSO, Department of Fish and Game, United States Forest Service, and BLM mount a coordinated and concentrated effort to prevent environmental and watershed damage early in the growing season by initiating environmental inspections and cleanup programs for known sites. (Findings 3-11)
R3: the DA charge growers, found in control of illegal sites, with the cost of site cleanup. (Findings 3-7, 9)
R4: the appropriate law enforcement agency use asset forfeiture funds to institute a program to clean up illegal sites, remove toxins, open the natural water flow, and dispose of material used at the site; i.e. plastic pipe, water storage containers, and plastic sheeting. (Findings 3-7, 9)
F7: Some streams have been diverted and others have carried toxins downstream to rivers and lakes. These toxins have devastated bird and aquatic life and pose a threat to human habitat.
Related Recommendations (3)
R1: MCSO, Department of Fish and Game, United States Forest Service, and BLM mount a coordinated and concentrated effort to prevent environmental and watershed damage early in the growing season by initiating environmental inspections and cleanup programs for known sites. (Findings 3-11)
R3: the DA charge growers, found in control of illegal sites, with the cost of site cleanup. (Findings 3-7, 9)
R4: the appropriate law enforcement agency use asset forfeiture funds to institute a program to clean up illegal sites, remove toxins, open the natural water flow, and dispose of material used at the site; i.e. plastic pipe, water storage containers, and plastic sheeting. (Findings 3-7, 9)
F8: Firearms and "booby" traps have been found at illegal grow sites. Federal inspectors and law enforcement officers have been injured during the process of cleanup activities.
Related Recommendations (2)
R1: MCSO, Department of Fish and Game, United States Forest Service, and BLM mount a coordinated and concentrated effort to prevent environmental and watershed damage early in the growing season by initiating environmental inspections and cleanup programs for known sites. (Findings 3-11)
R5: appropriate equipment and procedures be used to insure the safety of cleanup crews. (Findings 8, 11-12)
F9: Federal employees have stated: “illegal grows of marijuana have left portions of the public land off-limits”. People have been shot and killed at these sites.
Related Recommendations (1)
R1: MCSO, Department of Fish and Game, United States Forest Service, and BLM mount a coordinated and concentrated effort to prevent environmental and watershed damage early in the growing season by initiating environmental inspections and cleanup programs for known sites. (Findings 3-11)
F10: After law enforcement eradicates the crop, the materials used at remote sites are often left in place due to the difficulty and cost of removal.
Related Recommendations (1)
R1: MCSO, Department of Fish and Game, United States Forest Service, and BLM mount a coordinated and concentrated effort to prevent environmental and watershed damage early in the growing season by initiating environmental inspections and cleanup programs for known sites. (Findings 3-11)
F11: These illegal grow sites are often re-used by growers utilizing the materials left from previous grows.
Related Recommendations (2)
R1: MCSO, Department of Fish and Game, United States Forest Service, and BLM mount a coordinated and concentrated effort to prevent environmental and watershed damage early in the growing season by initiating environmental inspections and cleanup programs for known sites. (Findings 3-11)
R5: appropriate equipment and procedures be used to insure the safety of cleanup crews. (Findings 8, 11-12)
F12: The Bureau of Land Management, (BLM), has used the California Conservation Corps to clean up illegal sites.
Related Recommendations (1)
R5: appropriate equipment and procedures be used to insure the safety of cleanup crews. (Findings 8, 11-12)
F13: It is important for all citizens of the County to be vigilant and to report any suspected illegal use of water to the Mendocino County Sheriffs’ Office Tip Line, (707) 467-9159.
Related Recommendations (1)
R6: it is the responsibility of citizens to perform due diligence and report suspected unauthorized taking of water and or creek degradation/pollution. (Findings 1-2, 13-14)
F14: The MCSO is qualified to be the lead agency in the County for coordinating responses and investigations of reported water related crimes.
Related Recommendations (1)
R6: it is the responsibility of citizens to perform due diligence and report suspected unauthorized taking of water and or creek degradation/pollution. (Findings 1-2, 13-14)

Findings and recommendations not yet extracted.

Findings & Recommendations 16 findings
F1: The 2009/2010 County budget provides funding for 30.8 positions which includes a three percent vacancy factor.
Related Recommendations (1)
R1: State mandated staffing ratios be implemented and maintained at all times by hiring part-time, on call, employees to reduce the necessity for overtime pay. (Findings 1-10)
F2: The staff consists of one Superintendent, five Supervising Correction Counselors, and 17 Correction Counselors, of which five positions are vacant; one licensed vocational nurse on site 32 hours per week, a mental health clinician, and four kitchen staff. Three Correction Counselors are bilingual.
Related Recommendations (1)
R1: State mandated staffing ratios be implemented and maintained at all times by hiring part-time, on call, employees to reduce the necessity for overtime pay. (Findings 1-10)
F3: Adequate staffing is mandated by the State at a ratio of one Correction Counselor per 10 juveniles for days and evening shifts and one Supervising Correction Counselor per 30 juveniles for the night shift. One female Correction Counselor must be on the premises at all times.
Related Recommendations (1)
R1: State mandated staffing ratios be implemented and maintained at all times by hiring part-time, on call, employees to reduce the necessity for overtime pay. (Findings 1-10)
F4: Savings created by short staffing may be offset by an increase in overtime pay to meet mandated staffing levels.
Related Recommendations (1)
R1: State mandated staffing ratios be implemented and maintained at all times by hiring part-time, on call, employees to reduce the necessity for overtime pay. (Findings 1-10)
F5: Five vacant fulltime Correction Counselor positions are being supplanted by four part-time extra help Correction Counselors.
Related Recommendations (1)
R1: State mandated staffing ratios be implemented and maintained at all times by hiring part-time, on call, employees to reduce the necessity for overtime pay. (Findings 1-10)
F6: The staff works eight hour shifts, five days per week. Two of the five supervisors work four 10-hour shifts. The schedule provides time for staff to continue their education.
Related Recommendations (1)
R1: State mandated staffing ratios be implemented and maintained at all times by hiring part-time, on call, employees to reduce the necessity for overtime pay. (Findings 1-10)
F7: MCOE provides three fulltime teachers, one special educational resource aide, and one paraprofessional. Four substitute teachers are available. The maximum capacity of MCJH is 42 youth, however the facility is considered full at 40. On October 28, 2009, there were 21 youth: 15 males and six females.
Related Recommendations (1)
R1: State mandated staffing ratios be implemented and maintained at all times by hiring part-time, on call, employees to reduce the necessity for overtime pay. (Findings 1-10)
F8: A physician or physician’s assistant is available on call 24/7.
Related Recommendations (1)
R1: State mandated staffing ratios be implemented and maintained at all times by hiring part-time, on call, employees to reduce the necessity for overtime pay. (Findings 1-10)
F9: Seventy percent of youth have substance abuse issues. Sixty percent of the youth are repeat offenders. Approximately 30% of the youth have behavioral problems and require 75% of staff time.
Related Recommendations (1)
R1: State mandated staffing ratios be implemented and maintained at all times by hiring part-time, on call, employees to reduce the necessity for overtime pay. (Findings 1-10)
F10: Mendocino Youth Project staff provides mental health services on site, 20 hours a week.
Related Recommendations (2)
R1: State mandated staffing ratios be implemented and maintained at all times by hiring part-time, on call, employees to reduce the necessity for overtime pay. (Findings 1-10)
R2: MCJH provide fulltime mental health and substance-abuse counseling resources to incarcerated youth to prevent high recidivism rates. (Finding 10)
F11: Video observation and electronic security are maintained for doors and common areas throughout the facility at all times. At the time of the GJ visit, there was one camera that would not rotate properly and did not cover its intended yard area.
Related Recommendations (1)
R3: MCJH repair the surveillance camera. (Finding 11)
F12: The average length of stay is 15 days. The maximum sentence at MCJH is one year. The stay can be longer for un-sentenced youth.
F13: One un-sentenced youth was recently incarcerated for over three years.
Related Recommendations (1)
R4: the District Attorney shall insure that timely disposition of each case will occur to guarantee that no youth is incarcerated for more than the statutory one- year maximum at MCJH. (Findings 13-14)
F14: Parents/guardians are billed on a sliding scale, up to $18 per day, for the cost of incarcerating a youth in MCJH. The maximum bill for each stay is $900. Reimbursement is problematic.
Related Recommendations (1)
R4: the District Attorney shall insure that timely disposition of each case will occur to guarantee that no youth is incarcerated for more than the statutory one- year maximum at MCJH. (Findings 13-14)
F15: There is zero tolerance for anything gang related.
Related Recommendations (1)
R5: improve the system of billing and collecting from parents/guardians to offset the daily cost of incarcerating the youth in the facility. (Finding 15)
F16: MCJH does not receive asset forfeiture funds.
Related Recommendations (1)
R6: anti-gang educational programs funded through asset forfeiture funds be utilized at MCJH. (Findings 16-17)
Findings & Recommendations 11 findings
F1: The Mendocino County Supervisor who admitted a travel expense overpayment never reimbursed the County for that overpayment.
Related Recommendations (3)
R1: all members of the BOS accurately report travel expenditures and immediately reimburse the Mendocino County taxpayers for any unearned or inaccurately reported overpayments, as required of any other county employee. (Finding 1)
R4: in the absence of the recovery of BOS travel overpayment(s), the Mendocino County District Attorney pursue collection of those funds. (Findings 1-7)
R5: the Mendocino County Auditor bill any Supervisor for any overpayment incurred. (Findings 1, 4)
F2: California Penal Code §932 clearly states that the district attorney shall “institute and maintain an action” to recover money due to the County.
Related Recommendations (1)
R4: in the absence of the recovery of BOS travel overpayment(s), the Mendocino County District Attorney pursue collection of those funds. (Findings 1-7)
F3: California Penal Code §932 also states that the order of the grand jury shall be full authority for the district attorney to institute and maintain any such suit.
Related Recommendations (1)
R4: in the absence of the recovery of BOS travel overpayment(s), the Mendocino County District Attorney pursue collection of those funds. (Findings 1-7)
F4: In June, 2007, the MCDA was ordered by the GJ, to recover money owed the County from BOS travel overpayment, in accordance with Penal Code §932.
Related Recommendations (1)
R4: in the absence of the recovery of BOS travel overpayment(s), the Mendocino County District Attorney pursue collection of those funds. (Findings 1-7)
F5: The MCDA chose not to institute the civil proceedings against a Supervisor which were cited in PC §932.
Related Recommendations (1)
R4: in the absence of the recovery of BOS travel overpayment(s), the Mendocino County District Attorney pursue collection of those funds. (Findings 1-7)
F6: The MCDA’s response to a 2009-2010 GJ request to enforce Penal Code §932 and recover overpayments of travel funds made to a Mendocino County Supervisor, was not made because the MCDA stated that prosecutorial discretion allowed the MCDA’s office not to pursue this matter.
Related Recommendations (1)
R4: in the absence of the recovery of BOS travel overpayment(s), the Mendocino County District Attorney pursue collection of those funds. (Findings 1-7)
F7: upon further clarification by the GJ, the MCDA stated that “there is no jurisdiction in Superior Court to enforce the GJ’s requested action contained in previous GJ recommendations to recover such funds, because the amount claimed was less than $5,000”.
Related Recommendations (1)
R4: in the absence of the recovery of BOS travel overpayment(s), the Mendocino County District Attorney pursue collection of those funds. (Findings 1-7)
F8: The Mendocino County Board of Supervisors, (BOS), voted to institute a stipend for travel in-lieu of actual reimbursement effective January 1, 2008.
Related Recommendations (1)
R2: the Mendocino County Board of Supervisors eliminate the travel stipend and revert to actual expenses. (Findings 8-9, 11)
F9: The Mendocino County BOS’ stipend for travel increased their compensation, retirement benefits, and County payroll costs.
Related Recommendations (1)
R2: the Mendocino County Board of Supervisors eliminate the travel stipend and revert to actual expenses. (Findings 8-9, 11)
F10: Fourth and Fifth District Supervisors have refused to accept the 10% salary reduction mandated by the BOS, for all other County employees.
Related Recommendations (1)
R3: the Mendocino County Board of Supervisors resolve that the 10% salary reduction they mandated, applies to all members of the Mendocino County Board of Supervisors, as well as all other Mendocino County employees. (Finding 10-11)
F11: BOS base salary is $68,000 per year, not including perks such as travel stipends, health insurance benefits, a wellness program and other benefits.
Related Recommendations (1)
R3: the Mendocino County Board of Supervisors resolve that the 10% salary reduction they mandated, applies to all members of the Mendocino County Board of Supervisors, as well as all other Mendocino County employees. (Finding 10-11)
Findings & Recommendations 9 findings
F1: A grant of $2.5 million from Homeland Security for communication software has been obtained by MCSO. The MCSO is sharing the software with other County law enforcement agencies.
F2: Additional proposals are being reviewed by the LEAA and UPD to determine a plan that would best serve the County in going forward with this project.
Related Recommendations (2)
R1: the FBPD, UPD, WPD, and the MCSO determine the cost of the project and their share of the cost. (Findings 2-3, 5, 7, 9)
R2: the FBPD, UPD, WPD, and the MCSO set a timeframe within the previously suggested three-year parameter for implementation of this consolidated emergency system plan. (Finding 2)
F3: These issues need to be addressed: • sources of funds, i.e. grants/homeland security, Federal and State funds, • donation of County property in lieu of matching funds for Federal and/or State funding, • location of facility, • construction of new facility or renovation of an existing facility, • comparison of costs between the existing emergency communication systems and a new consolidated system, • governance of the new system, i.e., Joint Powers Authority, (JPA), • comparison of present and future costs of each community’s participation, • involvement of City and/or County personnel and their union/employment contracts.
Related Recommendations (1)
R1: the FBPD, UPD, WPD, and the MCSO determine the cost of the project and their share of the cost. (Findings 2-3, 5, 7, 9)
F4: CAL FIRE and CHP are State funded agencies that may choose to be involved in the consolidated system now or in the future.
F5: Elected officials of the State and Federal government have shown interest in this project.
F6: The proposed consolidation will include reverse 911 capabilities, allowing the communication center to automatically notify areas of the County of impending or existing emergencies.
F7: A contract exists between UPD and FBPD for emergency calls and dispatching. Costs are based on the volume of calls.
F8: The County’s present state-of-the-art microwave tower is not being fully utilized. Leasing space to cell phone companies, or others, would provide revenue for the new consolidated 911 system.
Related Recommendations (1)
R3: the GJ continue monitoring the consolidated 911 system project and usage of the microwave tower. (All Findings)
F9: The potential use of the Global Positioning System, (GPS), to identify exact location of calls, officers, and emergency vehicles will be an integral part of this consolidation effort.

Findings and recommendations not yet extracted.