Mendocino County 2014-2015 - California Grand Jury Reports

May 27, 2015 — Mendocino County Free Library Report

28 pages 14 findings 9 recommendations

Findings & Recommendations 14 findings

F1: The County is not required by any law or regulation to charge the Library A-87 costs. The decision to charge A-87 costs is solely within the authority of the Board of Supervisors. The County Auditor develops and supplies to the County Executive Office the A-87 State Cost Plan. The CEO prepares and recommends the budget to the Board of Supervisors.

Related Recommendations (3)

R3: the Board of Supervisors with the CEO remove all A-87 charges for equipment from the Library Budget. (F1, F5, F6, F7)

R4: A-87 costs for building use be based only on those amounts that are documented as actually paid from the County General Fund. (F1, F3, F4, F5, F7)

R5: the Board of Supervisors, the County Auditor, and the CEO recognize that insurance proceeds, grants, and donations are not General Fund monies for the purposes of A-87 costs charged to the Library. (F1, F2, F3, F4, F5, F7)

F2: The application of the State Cost Plan to the County budget is the decision of the Board of Supervisors. The staff preparing the budget for the Supervisors’ consideration, and the Board of Supervisors itself, has an obligation to fully understand the difference between direct billing and the purpose and applicability of A-87 costs when charged to the Library budget.

Related Recommendations (2)

R2: the Board of Supervisors and all staff responsible for budget planning and implementation be trained in the difference between direct billing and A-87 costs, including the difference between overhead and use costs, for the Library. (F2)

F3: The County charges the Library for A-87 use costs for buildings and building improvements even if the County did not spend a dime of the County General Fund. These are charges the Grand Jury finds are inappropriate and unacceptable.

Related Recommendations (2)

R4: A-87 costs for building use be based only on those amounts that are documented as actually paid from the County General Fund. (F1, F3, F4, F5, F7)

F4: The donations from the public for the Fort Bragg Library building and the Federal grant for the Willits Library are used by the County as a basis for computing A-87 costs. The Grand Jury specifically finds these charges as inappropriate and unacceptable.

Related Recommendations (2)

R4: A-87 costs for building use be based only on those amounts that are documented as actually paid from the County General Fund. (F1, F3, F4, F5, F7)

F5: Inappropriate and unacceptable A-87 charges for equipment and buildings divert the Library’s dedicated funds to the General Fund, reducing the amount the Library has to spend for services to the public.

Related Recommendations (3)

R3: the Board of Supervisors with the CEO remove all A-87 charges for equipment from the Library Budget. (F1, F5, F6, F7)

R4: A-87 costs for building use be based only on those amounts that are documented as actually paid from the County General Fund. (F1, F3, F4, F5, F7)

F6: The Grand Jury concludes from the County Auditor’s answers to interview questions and the Grand Jury report from 2013-14, that as far as the acquisitions prior to 1996 are concerned, the County has been and is still collecting A-87 charges for equipment use that are not permitted per the A-87 Handbook.

Related Recommendations (1)

R3: the Board of Supervisors with the CEO remove all A-87 charges for equipment from the Library Budget. (F1, F5, F6, F7)

F7: The A-87 charges for fixed and other assets not paid for by the General Fund should be waived. Doing otherwise constitutes a tax levied on all grants, donations, and the Library’s dedicated funds until the County General Fund receives the full amount of all external sources of money. The essential characteristics of a tax are defined by Black’s Law Dictionary as: “A charge, usually Monetary, imposed by the government on persons, entities, transactions, or property to yield public revenue.” The statutory authority of the Board of Supervisors over the Library is “general supervision”; it does not include the power to tax without voter approval.

Related Recommendations (3)

R3: the Board of Supervisors with the CEO remove all A-87 charges for equipment from the Library Budget. (F1, F5, F6, F7)

R4: A-87 costs for building use be based only on those amounts that are documented as actually paid from the County General Fund. (F1, F3, F4, F5, F7)

F8: The State Legislature has passed laws providing that the County Free Libraries are special districts. The State Librarian has consistently maintained that the County Free Libraries are special districts. The Grand Jury finds that the Mendocino County Free Library is a dependent special district.

Related Recommendations (2)

R6: the Board of Supervisors with the County Auditor establish a specific tax rate for the Library as a dependent Special District. (F8, F9, F10)

R7: the Board of Supervisors with the County Auditor revise the procedures to require the budget to show the Library revenues as a pro-rata share of the property tax. (F8, F9, F10)

F9: By law, the Mendocino County Free Library, a special district, is entitled to a pro-rata share of the property taxes.

Related Recommendations (2)

R6: the Board of Supervisors with the County Auditor establish a specific tax rate for the Library as a dependent Special District. (F8, F9, F10)

R7: the Board of Supervisors with the County Auditor revise the procedures to require the budget to show the Library revenues as a pro-rata share of the property tax. (F8, F9, F10)

F10: Absent adequate explanation of the position taken by some County Officials that the Library is not a special district, the Grand Jury does not see a valid reason for the current Board of Supervisors supporting this position.

Related Recommendations (2)

R6: the Board of Supervisors with the County Auditor establish a specific tax rate for the Library as a dependent Special District. (F8, F9, F10)

R7: the Board of Supervisors with the County Auditor revise the procedures to require the budget to show the Library revenues as a pro-rata share of the property tax. (F8, F9, F10)

F11: The County Officials’ interpretation of the Education Code §19147, accomplished by changing the statutory language, has resulted in paying the County Librarian from the Library’s dedicated funds rather than the General Fund. Further, County Officials also ignore the companion section, §19148.

Related Recommendations (1)

R8: the Board of Supervisors pay the Librarian’s salary from the General Fund. (F11, F12) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individuals: • Auditor-Controller, Mendocino County (Findings 1 through 6, 8 through 14 and Recommendations 1, 2, 4 through 7) • County Executive Officer, Mendocino County (All Findings and All Recommendations) • Librarian, Mendocino County (Findings 2, 8, 9, 11, 12, 13 and Recommendations 2, 8) Pursuant to Penal Code §933.05, responses are required from the following governing body: • Board of Supervisors, Mendocino County (All Findings and All Recommendations) The governing body indicated above should be aware that the comment or response of the governing body must be conducted subject to the notice, agenda and open meeting requirements of the Brown Act. Pursuant to Penal Code §933.05, responses are requested from the following Advisory Board: • Library Advisory Board, Mendocino County (All Findings and All Recommendations) Reports issued by the Civil Grand Jury do not identify individuals interviewed. Penal Code §929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Civil Grand Jury. APPENDIX A, APPENDIX A, APPENDIX A, APPENDIX B, APPENDIX B, APPENDIX C, APPENDIX C,

F12: Paying the County Librarian from the Library funds improperly limits the money available for the Library and is contrary to statutory interpretation principles.

Related Recommendations (1)

F13: Measure A sales taxes are being appropriately used to update the library collections, services, providing new programs, and hiring needed staff.

F14: Some responses to Findings and Recommendations of the Grand Jury 2013-14 report do not conform to the standards in the Penal Code §933.05. By conforming to the standards of the Penal Code, public officials would actually inform the public as to the issues at hand.

Related Recommendations (1)

R1: all respondents conform to Penal Code §933.05. (F14)

Additional Recommendations 1

Not linked to specific findings.

R9: 26 Education Code §§19147and 19148 27 Mendocino County Code §2.28.050(A) The CEO response to Recommendation 9 was, “This recommendation will not be implemented because it is not warranted.” Responses without the adequate explanation of why recommendations will not be implemented because they are not warranted, are not in compliance with the standard established in the Penal Code §933.05(b)(4): “The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor.” (Emphasis added) The response to Findings 6, 9, and 12 by the Board of Supervisors were identical, even though the subject matter for each finding was different. These responses do not further the public’s knowledge.

May 19, 2015 — Family and Children's Services Children at Risk

29 pages 40 findings 18 recommendations

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Findings & Recommendations 40 findings

F1: A major problem with FCS is understaffing.

Related Recommendations (3)

R3: Management bring to the Board of Supervisors recommendations for correcting the problems listed in the findings. (F1, F2, F4. F6 through F17, F19, F24, F28, F32 through F 34, F36 through F39)

R13: the Board of Supervisors supply HHS with the resources necessary to provide adequate services to the children of Mendocino County. (F1 through F35)

R14: HHS institute an active, continuous, and well publicized effort to recruit qualified staff. (F1, F3, F4, F6 through F9, F12 through F16, F40)

F2: FCS ranks at the bottom for two of three State measures of job performance for FCS agencies.

Related Recommendations (4)

R1: Management bring to the attention of the Board of Supervisors the ranking of the County with respect to all measures of FCS performance as compared to the rest of the State. (F2, F3, F5, F6)

R3: Management bring to the Board of Supervisors recommendations for correcting the problems listed in the findings. (F1, F2, F4. F6 through F17, F19, F24, F28, F32 through F 34, F36 through F39)

R12: HHS report annually to the Board of Supervisors the FCS standing in the State with respect to Emergency Response measures. (F2, F8)

R13: the Board of Supervisors supply HHS with the resources necessary to provide adequate services to the children of Mendocino County. (F1 through F35)

F3: One of the two measures where FCS meets or exceeds State averages is Case Worker periodic visits for children under their care. Unfortunately, this does not address the understaffing concerns of the areas where FCS does not even meet State averages.

Related Recommendations (3)

R1: Management bring to the attention of the Board of Supervisors the ranking of the County with respect to all measures of FCS performance as compared to the rest of the State. (F2, F3, F5, F6)

R13: the Board of Supervisors supply HHS with the resources necessary to provide adequate services to the children of Mendocino County. (F1 through F35)

R14: HHS institute an active, continuous, and well publicized effort to recruit qualified staff. (F1, F3, F4, F6 through F9, F12 through F16, F40)

F4: A failure to meet required investigation deadlines is a symptom of understaffing. A failure to timely investigate referrals poses an increased risk to children.

Related Recommendations (4)

R2: Management bring to the attention of the Board of Supervisors the consequences of late investigations. (F4)

R3: Management bring to the Board of Supervisors recommendations for correcting the problems listed in the findings. (F1, F2, F4. F6 through F17, F19, F24, F28, F32 through F 34, F36 through F39)

R13: the Board of Supervisors supply HHS with the resources necessary to provide adequate services to the children of Mendocino County. (F1 through F35)

R14: HHS institute an active, continuous, and well publicized effort to recruit qualified staff. (F1, F3, F4, F6 through F9, F12 through F16, F40)

F5: The statistical performance of County FCS, when compared to that of the other counties in the State, is an embarrassment to our community and should be an embarrassment to our County government.

Related Recommendations (2)

R1: Management bring to the attention of the Board of Supervisors the ranking of the County with respect to all measures of FCS performance as compared to the rest of the State. (F2, F3, F5, F6)

R13: the Board of Supervisors supply HHS with the resources necessary to provide adequate services to the children of Mendocino County. (F1 through F35)

F6: Short term (monthly) performance statistics are skewed by untimely data entry; long term statistics will not be skewed. Whether poor performance is due to late . investigations or late entry of data, the underlying cause is the same, understaffing

Related Recommendations (4)

R1: Management bring to the attention of the Board of Supervisors the ranking of the County with respect to all measures of FCS performance as compared to the rest of the State. (F2, F3, F5, F6)

R3: Management bring to the Board of Supervisors recommendations for correcting the problems listed in the findings. (F1, F2, F4. F6 through F17, F19, F24, F28, F32 through F 34, F36 through F39)

R13: the Board of Supervisors supply HHS with the resources necessary to provide adequate services to the children of Mendocino County. (F1 through F35)

R14: HHS institute an active, continuous, and well publicized effort to recruit qualified staff. (F1, F3, F4, F6 through F9, F12 through F16, F40)

F7: A significant number of FCS professional and supervisory staff do not meet State educational standards for their positions and are considered under-qualified by State standards.

Related Recommendations (3)

R3: Management bring to the Board of Supervisors recommendations for correcting the problems listed in the findings. (F1, F2, F4. F6 through F17, F19, F24, F28, F32 through F 34, F36 through F39)

R13: the Board of Supervisors supply HHS with the resources necessary to provide adequate services to the children of Mendocino County. (F1 through F35)

R14: HHS institute an active, continuous, and well publicized effort to recruit qualified staff. (F1, F3, F4, F6 through F9, F12 through F16, F40)

F8: The failure of FCS in Mendocino County to conduct timely investigations is directly linked to the shortage of qualified staff.

Related Recommendations (4)

R3: Management bring to the Board of Supervisors recommendations for correcting the problems listed in the findings. (F1, F2, F4. F6 through F17, F19, F24, F28, F32 through F 34, F36 through F39)

R12: HHS report annually to the Board of Supervisors the FCS standing in the State with respect to Emergency Response measures. (F2, F8)

R13: the Board of Supervisors supply HHS with the resources necessary to provide adequate services to the children of Mendocino County. (F1 through F35)

R14: HHS institute an active, continuous, and well publicized effort to recruit qualified staff. (F1, F3, F4, F6 through F9, F12 through F16, F40)

F9: The County’s use of inexperienced and under-qualified staff to conduct Emergency Response investigations places an additional burden on supervisors and increases the probability of children or staff coming to harm.

Related Recommendations (3)

R3: Management bring to the Board of Supervisors recommendations for correcting the problems listed in the findings. (F1, F2, F4. F6 through F17, F19, F24, F28, F32 through F 34, F36 through F39)

R13: the Board of Supervisors supply HHS with the resources necessary to provide adequate services to the children of Mendocino County. (F1 through F35)

R14: HHS institute an active, continuous, and well publicized effort to recruit qualified staff. (F1, F3, F4, F6 through F9, F12 through F16, F40)

F10: FCS has an erratic record in preparing timely court reports.

Related Recommendations (4)

R3: Management bring to the Board of Supervisors recommendations for correcting the problems listed in the findings. (F1, F2, F4. F6 through F17, F19, F24, F28, F32 through F 34, F36 through F39)

R4: FCS consult with stake holders to identify and prioritize the most important reports for completion on time. (F10, F11, F12)

R5: Management report to the Board of Supervisors the consequences and County costs of late Court reports. (F10, F11, F12) 14

R13: the Board of Supervisors supply HHS with the resources necessary to provide adequate services to the children of Mendocino County. (F1 through F35)

F11: Late court reports often result in hearing continuations, which lead to lost time for the Court, the child’s representatives, the parents and their representatives, and the case workers. Late court reports represent an added expense to the County and cause unnecessary friction with the Courts, the legal community, and the families involved.

Related Recommendations (4)

R3: Management bring to the Board of Supervisors recommendations for correcting the problems listed in the findings. (F1, F2, F4. F6 through F17, F19, F24, F28, F32 through F 34, F36 through F39)

R4: FCS consult with stake holders to identify and prioritize the most important reports for completion on time. (F10, F11, F12)

R5: Management report to the Board of Supervisors the consequences and County costs of late Court reports. (F10, F11, F12) 14

R13: the Board of Supervisors supply HHS with the resources necessary to provide adequate services to the children of Mendocino County. (F1 through F35)

F12: Late court reports are another symptom of understaffing and under-qualified staff. If done correctly and thoughtfully (as they should be for the sake of the child), the required reports are time-consuming to prepare and demand greater time involvement by supervisors.

Related Recommendations (5)

R3: Management bring to the Board of Supervisors recommendations for correcting the problems listed in the findings. (F1, F2, F4. F6 through F17, F19, F24, F28, F32 through F 34, F36 through F39)

R4: FCS consult with stake holders to identify and prioritize the most important reports for completion on time. (F10, F11, F12)

R5: Management report to the Board of Supervisors the consequences and County costs of late Court reports. (F10, F11, F12) 14

R13: the Board of Supervisors supply HHS with the resources necessary to provide adequate services to the children of Mendocino County. (F1 through F35)

R14: HHS institute an active, continuous, and well publicized effort to recruit qualified staff. (F1, F3, F4, F6 through F9, F12 through F16, F40)

F13: FCS has almost one third less staff than the August 2014 Table of Organization shows. 12

Related Recommendations (3)

R3: Management bring to the Board of Supervisors recommendations for correcting the problems listed in the findings. (F1, F2, F4. F6 through F17, F19, F24, F28, F32 through F 34, F36 through F39)

R13: the Board of Supervisors supply HHS with the resources necessary to provide adequate services to the children of Mendocino County. (F1 through F35)

R14: HHS institute an active, continuous, and well publicized effort to recruit qualified staff. (F1, F3, F4, F6 through F9, F12 through F16, F40)

F14: This Table of Organization itself does not show any staff increases since 2008 to meet the increased work load experienced over the last six years.

Related Recommendations (3)

R3: Management bring to the Board of Supervisors recommendations for correcting the problems listed in the findings. (F1, F2, F4. F6 through F17, F19, F24, F28, F32 through F 34, F36 through F39)

R13: the Board of Supervisors supply HHS with the resources necessary to provide adequate services to the children of Mendocino County. (F1 through F35)

R14: HHS institute an active, continuous, and well publicized effort to recruit qualified staff. (F1, F3, F4, F6 through F9, F12 through F16, F40)

F15: Senior Management has known of the lack of staff for years. Failure to actively recruit exacerbates this problem. Recruiting is haphazard at best. Failure to address this problem has led to the current state of affairs.

Related Recommendations (3)

R3: Management bring to the Board of Supervisors recommendations for correcting the problems listed in the findings. (F1, F2, F4. F6 through F17, F19, F24, F28, F32 through F 34, F36 through F39)

R13: the Board of Supervisors supply HHS with the resources necessary to provide adequate services to the children of Mendocino County. (F1 through F35)

R14: HHS institute an active, continuous, and well publicized effort to recruit qualified staff. (F1, F3, F4, F6 through F9, F12 through F16, F40)

F16: Current FCS professional staff are carrying nearly double the recommended Best Practices case loads for quality service to children.

Related Recommendations (3)

R3: Management bring to the Board of Supervisors recommendations for correcting the problems listed in the findings. (F1, F2, F4. F6 through F17, F19, F24, F28, F32 through F 34, F36 through F39)

R13: the Board of Supervisors supply HHS with the resources necessary to provide adequate services to the children of Mendocino County. (F1 through F35)

R14: HHS institute an active, continuous, and well publicized effort to recruit qualified staff. (F1, F3, F4, F6 through F9, F12 through F16, F40)

F17: The problems associated with understaffing are worsened by the loss of experienced and qualified staff.

Related Recommendations (2)

R3: Management bring to the Board of Supervisors recommendations for correcting the problems listed in the findings. (F1, F2, F4. F6 through F17, F19, F24, F28, F32 through F 34, F36 through F39)

R13: the Board of Supervisors supply HHS with the resources necessary to provide adequate services to the children of Mendocino County. (F1 through F35)

F18: Management has responded to the loss of job experience by increasing Core training and the availability of training opportunities toward advanced degrees for staff.

Related Recommendations (2)

R6: Management continue and strengthen efforts to provide training opportunities for staff. (F18)

R13: the Board of Supervisors supply HHS with the resources necessary to provide adequate services to the children of Mendocino County. (F1 through F35)

F19: FCS is not in compliance with State-required educational standards for social workers handling child abuse/neglect cases.

Related Recommendations (7)

R3: Management bring to the Board of Supervisors recommendations for correcting the problems listed in the findings. (F1, F2, F4. F6 through F17, F19, F24, F28, F32 through F 34, F36 through F39)

R7: HHS identify and assign staff to monitor and maintain compliance with the requirements of the State regarding the required education levels of staff (SWMPP §31-070.1) and regularly report the results to Management. (F19)

R8: HHS identify and assign staff to monitor and maintain compliance with the reporting requirements of the State (SWMPP §31-070.2) with a regular reporting schedule to Management. (F19, F20, F21, F22, F23)

R9: HHS report to the Board of Supervisors that the County has not been, and currently is not in compliance with the staffing requirements of SWMPP §31-070.1. (F19, F20)

R10: HHS report to the Board of Supervisors on a fixed schedule (at least twice a year) the compliance status of the County with respect to SWMPP §31-070.1 (staff education ratios). (F19, F20)

R11: HHS report to the Board of Supervisors on a quarterly basis what is needed in terms of budget and staff to meet the State requirements (SWMPP §31-070.1). (F19)

R13: the Board of Supervisors supply HHS with the resources necessary to provide adequate services to the children of Mendocino County. (F1 through F35)

F20: The County has been aware of its lack of compliance for years.

Related Recommendations (4)

R9: HHS report to the Board of Supervisors that the County has not been, and currently is not in compliance with the staffing requirements of SWMPP §31-070.1. (F19, F20)

R10: HHS report to the Board of Supervisors on a fixed schedule (at least twice a year) the compliance status of the County with respect to SWMPP §31-070.1 (staff education ratios). (F19, F20)

R13: the Board of Supervisors supply HHS with the resources necessary to provide adequate services to the children of Mendocino County. (F1 through F35)

F21: As of December 31, 2014, HHS had failed to perform even the minimal reporting requirements of the State since 2007.

Related Recommendations (2)

R13: the Board of Supervisors supply HHS with the resources necessary to provide adequate services to the children of Mendocino County. (F1 through F35)

F22: HHS did file a request for deferral and a plan of action meeting the letter of the law in January 2015.

Related Recommendations (2)

R13: the Board of Supervisors supply HHS with the resources necessary to provide adequate services to the children of Mendocino County. (F1 through F35)

F23: Because the January 2015 plan of action does not include any requirements of action from the CEO or the Board of Supervisors, the Grand Jury finds the plan does not address the problems.

Related Recommendations (2)

R13: the Board of Supervisors supply HHS with the resources necessary to provide adequate services to the children of Mendocino County. (F1 through F35)

F24: HHS is attempting to upgrade the educational levels of current FCS staff.

Related Recommendations (2)

R3: Management bring to the Board of Supervisors recommendations for correcting the problems listed in the findings. (F1, F2, F4. F6 through F17, F19, F24, F28, F32 through F 34, F36 through F39)

R13: the Board of Supervisors supply HHS with the resources necessary to provide adequate services to the children of Mendocino County. (F1 through F35)

F25: Mendocino County pays more than Humboldt and Lake Counties for starting social workers.

Related Recommendations (1)

R13: the Board of Supervisors supply HHS with the resources necessary to provide adequate services to the children of Mendocino County. (F1 through F35)

F26: The private sector pays significantly higher for social workers. It is likely that the difference between public sector salaries and private sector salaries impacts the ability of the County to hire sufficient numbers of Social Workers.

Related Recommendations (2)

R13: the Board of Supervisors supply HHS with the resources necessary to provide adequate services to the children of Mendocino County. (F1 through F35)

R15: Human Resources contact social workers who rejected employment offers with the County FCS. HR should request specifics as to why the Mendocino County offer was rejected. (F26, F27, F30)

F27: The more populous counties of Napa and Sonoma pay significantly higher salaries than do Humboldt, Lake, and Mendocino. It is probable that this difference leads to the loss of professional social workers to those counties.

Related Recommendations (2)

R13: the Board of Supervisors supply HHS with the resources necessary to provide adequate services to the children of Mendocino County. (F1 through F35)

R15: Human Resources contact social workers who rejected employment offers with the County FCS. HR should request specifics as to why the Mendocino County offer was rejected. (F26, F27, F30)

F28: The problem of ‘train-and-trot’ is real. Within two years of hiring or promotion, one out of four employees has left the job. A loss of 25% of employees, after less than two years of service and training, would not be sustainable by a private agency. This is an unacceptable strain on the HHS budget.

Related Recommendations (3)

R3: Management bring to the Board of Supervisors recommendations for correcting the problems listed in the findings. (F1, F2, F4. F6 through F17, F19, F24, F28, F32 through F 34, F36 through F39)

R13: the Board of Supervisors supply HHS with the resources necessary to provide adequate services to the children of Mendocino County. (F1 through F35)

R16: Human Resources perform exit interviews to establish the extent of ‘train-and-trot.’ (F28, F29)

F29: The higher paying counties are a major magnet for ‘train-and-trot.’ Also, the atmosphere in which the employees work has contributed to the ‘train and trot’ phenomenon.

Related Recommendations (3)

R13: the Board of Supervisors supply HHS with the resources necessary to provide adequate services to the children of Mendocino County. (F1 through F35)

R16: Human Resources perform exit interviews to establish the extent of ‘train-and-trot.’ (F28, F29)

R17: HHS continue efforts to improve morale and reinstitute the collegial atmosphere to address the issue of ‘train and trot.’ (F29, F32, F33, F40)

F30: Benefit packages vary widely from county to county, and are very complex. The Grand Jury was not able to determine if differences in benefit packages were significant from county to county for counties of equivalent size. 13

Related Recommendations (2)

R13: the Board of Supervisors supply HHS with the resources necessary to provide adequate services to the children of Mendocino County. (F1 through F35)

R15: Human Resources contact social workers who rejected employment offers with the County FCS. HR should request specifics as to why the Mendocino County offer was rejected. (F26, F27, F30)

F31: The 2013 ‘reshuffle’ of job assignments and responsibilities and the renaming of functional units was in fact a reorganization of FCS.

Related Recommendations (1)

R13: the Board of Supervisors supply HHS with the resources necessary to provide adequate services to the children of Mendocino County. (F1 through F35)

F32: Along with the 2013 reorganization of FCS, Management moved to a top down management (command-and-control) style. A lack of communication with subordinates about personnel and staffing decisions is a hallmark of command-and- control management.

Related Recommendations (3)

R3: Management bring to the Board of Supervisors recommendations for correcting the problems listed in the findings. (F1, F2, F4. F6 through F17, F19, F24, F28, F32 through F 34, F36 through F39)

R13: the Board of Supervisors supply HHS with the resources necessary to provide adequate services to the children of Mendocino County. (F1 through F35)

R17: HHS continue efforts to improve morale and reinstitute the collegial atmosphere to address the issue of ‘train and trot.’ (F29, F32, F33, F40)

F33: Command-and-control decreases collegiality and is not a good management model for Social Agencies. It leads to a lack of transparency of management actions up and down the chain.

Related Recommendations (3)

R3: Management bring to the Board of Supervisors recommendations for correcting the problems listed in the findings. (F1, F2, F4. F6 through F17, F19, F24, F28, F32 through F 34, F36 through F39)

R13: the Board of Supervisors supply HHS with the resources necessary to provide adequate services to the children of Mendocino County. (F1 through F35)

R17: HHS continue efforts to improve morale and reinstitute the collegial atmosphere to address the issue of ‘train and trot.’ (F29, F32, F33, F40)

F34: Combining functions by requiring individual social workers to cover both Emergency Response and Court functions is an attempt by Management to deal with staff shortages and inexperienced staff. This has hampered the workers’ ability to perform the tasks necessary for the safety and well-being of the children.

Related Recommendations (2)

R3: Management bring to the Board of Supervisors recommendations for correcting the problems listed in the findings. (F1, F2, F4. F6 through F17, F19, F24, F28, F32 through F 34, F36 through F39)

R13: the Board of Supervisors supply HHS with the resources necessary to provide adequate services to the children of Mendocino County. (F1 through F35)

F35: While there is a lack of recruiting activities, the increased emphasis on the educational qualifications in consideration of potential new hires by requiring MSWs was a decision based on the need to meet State mandated requirements.

Related Recommendations (1)

R13: the Board of Supervisors supply HHS with the resources necessary to provide adequate services to the children of Mendocino County. (F1 through F35)

F36: Management took retaliatory action against workers who disagreed with them.

Related Recommendations (1)

R3: Management bring to the Board of Supervisors recommendations for correcting the problems listed in the findings. (F1, F2, F4. F6 through F17, F19, F24, F28, F32 through F 34, F36 through F39)

F37: Staff is reluctant to speak out on issues for fear of retaliation.

Related Recommendations (1)

R3: Management bring to the Board of Supervisors recommendations for correcting the problems listed in the findings. (F1, F2, F4. F6 through F17, F19, F24, F28, F32 through F 34, F36 through F39)

F38: Lack of respectful communication was cited by more than one interviewee, and the Grand Jury was presented documented evidence.

Related Recommendations (2)

R3: Management bring to the Board of Supervisors recommendations for correcting the problems listed in the findings. (F1, F2, F4. F6 through F17, F19, F24, F28, F32 through F 34, F36 through F39)

R18: Supervisors and managers review on an annual basis Social Services Policy No. 06- 03, and how it is being implemented within their respective sections. (F38, F40) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individuals: • CEO, Mendocino County (All Findings and All Recommendations) • Director, Mendocino County Health and Human Services Agency (All Findings and All Recommendations) • Director, Mendocino County Human Resources (Findings 26 through 30 and Recommendations 15 and 16) 15 From the following governing bodies: • The Mendocino County Board of Supervisors (Findings 1, 5, 7, 20, 23, 28 and Recommendations 1 through 3, 5, 9 through 13) The governing bodies indicated above should be aware that the comment or response of the governing body must be conducted subject to the notice, agenda and open meeting requirements of the Brown Act. Pursuant to Penal Code §933.05, responses are requested from the following individual(s): • Assistant Director, Mendocino County Family and Children’s Services (All Findings and All Recommendations)

F39: FCS underwent a time of turmoil which resulted in negative impacts on staff morale and loss of senior staff.

Related Recommendations (1)

R3: Management bring to the Board of Supervisors recommendations for correcting the problems listed in the findings. (F1, F2, F4. F6 through F17, F19, F24, F28, F32 through F 34, F36 through F39)

F40: Though too few in numbers, the current staff is dedicated, hard-working, and caring in their efforts to meet the needs of the children.

Related Recommendations (3)

R14: HHS institute an active, continuous, and well publicized effort to recruit qualified staff. (F1, F3, F4, F6 through F9, F12 through F16, F40)

R17: HHS continue efforts to improve morale and reinstitute the collegial atmosphere to address the issue of ‘train and trot.’ (F29, F32, F33, F40)

May 09, 2015 — For the Record:

21 pages 7 findings 7 recommendations

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Findings & Recommendations 7 findings

F1: Most of the County front desk staff of the departments and offices from which records were requested are knowledgeable about the requirements of the CPRA and County policy for 6 responding to in-person public records requests, and uniformly comply with those requirements.

Related Recommendations (1)

R1: The County continues in its current commendable actions to improve compliance with the CPRA. (F1, F3)

F2: County officials did not comply with requirements by the CPRA to notify the requestors (the Jury) of the need for additional time to respond, even though they could have done so by citing “unusual circumstances.”9

Related Recommendations (1)

R2: The County review and update its records retention policy and procedures to include requirements that: • All departments have up-to-date record retention schedules. • Regular and systematic use of the schedules to destroy obsolete records. • All destruction of records be documented and contain instructions on how that is to be accomplished. • Each department appoint a records retention coordinator having the responsibility for maintenance and use of records retention schedules, and department records storage. • The CEO appoint staff having County-wide centralized responsibility for ensuring compliance with this policy. (F2, F4, F5, F6, F7)

F3: In general, the County is taking an effective approach in its ongoing efforts to improve compliance with the CPRA.

Related Recommendations (1)

R1: The County continues in its current commendable actions to improve compliance with the CPRA. (F1, F3)

F4: The County is not in complete compliance with GC 26200 et seq. in that only five departments or offices have in place authorized records retention schedules. However, it is taking steps to become compliant.

Related Recommendations (2)

R3: That the CEO promulgates a general records retention schedule that covers records common to multiple departments and offices. (F4, F5)

F5: The County is placing itself at potential risk in litigation and audits by not systematically destroying obsolete records according to authorized records retention schedules.

Related Recommendations (3)

R3: That the CEO promulgates a general records retention schedule that covers records common to multiple departments and offices. (F4, F5)

R5: The scope of the request must be reasonably clear. “[.:-e()1o.a30AC '-3014 $e4o$/( *-() 3e /e(4$13e/ 40ea$0A e.o-g% )o 'e$*1) )%e age.4A )o /e)e$*1.e >%e)%e$ >$1)1.g( of )%e )A'e /e(4$13e/ 1. )%e $e:-e() a$e -./e$ 1)( 4o.)$o09 7S%e 2P568 4o*'e0( a. age.4A )o '$o;1/e a 4o'A of .o.eHe*') $e4o$/( -'o. a $e:-e() \>%14% $ea(o.a30A /e(4$13e( a. 1/e.)1f1a30e $e4o$/C o$ 1.fo$*a)1o. '$o/-4e/ )%e$ef$o* 9 9 9 \ ]o>e;e$C )%e $e:-1$e*e.) of 40a$1)A *-() 3e )e*'e$e/ 3A )%e $ea01)A )%a) a $e:-e()e$C %a;1.g .o a44e(( )o age.4A f10e(C *aA 3e -.a30e )o '$e41(e0A 1/e.)1fA )%e /o4-*e.)( (o-g%)9 S%-(C >$1)1.g( *aA 3e /e(4$13e/ 3A )%e1$ 4o.)e.)9 S%e age.4A *-() )%e. /e)e$*1.e >%e)%e$ 1) %a( (-4% >$1)1.g( -./e$ 1)( 4o.)$o0 a./ )%e a''014a3101)A of a.A eHe*')1o.9 6. age.4A 1( )%-( o301ge/ )o (ea$4% fo$ $e4o$/( 3a(e/ o. 4$1)e$1a (e) fo$)% 1. )%e (ea$4% $e:-e()9? 2alifornia ;irst 4mendment 2oalition v. -uperior 2ourtC YL 2a096''9J)% MIN 7MNNT8

F6: The County does not have a storage facility for its inactive records (records not needed for everyday use but which must be retained for legal or other reasons) consistent with industry standards, although it does make use of off-site storage to reduce pressure on office space.

Related Recommendations (3)

R4: That the County explore the feasibility of establishing and operating a County Records Center that follows records management industry standards. (F6, F7) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individuals: County Executive Officer, Mendocino County (All Findings and All Recommendations) Reports issued by the Civil Grand Jury do not identify individuals interviewed. Penal Code §929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Civil Grand Jury.

R6: The agency need not compile lists or write reports. S%e $1g%)( '$o;1/e/ 1. )%e 0a> a$e )o <1.('e4)? 70oo= a) >o$/(C (A*3o0( o$ 1*age(^ 01()e. )o (o-./(8 '-3014 $e4o$/( a./_o$ )o <o3)a1. a 4o'A? of )%o(e $e4o$/(C .o) )o 4o*'e0 )%e age.4A )o 4$ea)e 01()( o$ $e'o$)( 1. $e('o.(e )o :-e()1o.(9 F. o.0A o.e 1.()a.4e 1( )%e age.4A $e:-1$e/ )o ge.e$a)e a $e4o$/ )%a) /oe( .o) a0$ea/A eH1()C a./ )%a) 1( 1f )%e 1.fo$*a)1o. (o-g%) 1( /1()$13-)e/ 1. 4o*'-)e$1`e/ fo$* 1. a /a)a3a(e o$ o)%e$>1(e a./ *-() 3e a((e*30e/ 1. a (1.g0e $e4o$/9 6( '$o;1/e/ 1. Wo;e$.*e.) 2o/e XY2I39NC 1f )%e age.4A 4a..o) <'$o/-4e? o$ <4o.()$-4)? )%e $e4o$/ (o-g%) >1)%o-) ('e41a0 '$og$a**1.gC )%e $e:-e()e$ *-() 'aA fo$ )%a) >o$=9 22"# %o'ewoo* +ay . Car'i2hael, CA 7890# . phone 7"9=4#?=?000 . faA 7"9=4#?=?777 wwwB2alawareBorg ". The agency must do its 3est to help the re7uester succeed. Government Code Section 6253.1 states: (a) When a member of the public requests to inspect a public record or obtain a copy of a public record, the public agency, in order to assist the member of the public make a focused and effective request that reasonably describes an identifiable record or records, shall do all of the following, to the extent reasonable under the circumstances: “(1) Assist the member of the public to identify records and information that are responsive to the request or to the purpose of the request, if stated. “(2) Jescribe the information technology and physical location in which the records exist. “(3) Provide suggestions for overcoming any practical basis for denying access to the records or information sought. “(b) The requirements of paragraph (1) of subdivision (a) shall be deemed to have been satisfied if the public agency is unable to identify the requested information after making a reasonable effort to elicit additional clarifying information from the requester that will help identify the record or records.” These assistance requirements do not apply, obviously, if the agency fully grants the request, or denies access based on one of the exemptions in Government Code §6254. Also, if the agency has an index to its records and makes it available, no further help in refining the request is required.

F7: A centralized County records storage facility—a records center—based upon records management industry standards would improve access to inactive records and help ensure their appropriate retention and destruction. GC 6253. 7

Related Recommendations (2)

Additional Recommendations 1

Not linked to specific findings.

R8: Fees are for the costs of copying, not for those of inspection. As noted by the Attorney General in an opinion concluding that counties may charge a fee “reasonably necessary” to recover wider costs for copying public records—costs beyond the strict “direct cost of duplication”— inspection is free: “In any event, a Rreasonably necessary’ fee for a copy of a public record would have no effect upon the publicTs right of access to and inspection of public records free of charge.” (Opinion Vo 01-605, Vovember 1, 2002). Moreover, the “direct cost of duplication” that, pursuant to Government Code §6253, subd. (b), may be charged to the requester by agencies other than counties may not include overhead. “The direct cost of duplication is the cost of running the copy machine, and conceivably also the expense of the person operating it. RJirect cost’ does not include the ancillary tasks necessarily associated with the retrieval, inspection and handling of the file from which the copy is extracted.” !o#$% 'o()$* Pa#e)$. /#ga)12a$1o) 34 5e6a#$7e)$ of 9:(;a$1o), 23 Cal.App.4th 146 (4th Jist. 1994) <. Prompt access is re7uired for clearly pu3lic records. Jelay is allowed only to resolve good faith doubts as to whether all or part of a record is accessible by the public. So, for example, if the requester asks to see the minutes of public meetings, there is no need to make the “determination” as to whether or not they are public, since minutes of public meetings are, without question, public records. That being the case, access is to be provided “promptly,” not put off for 10 days (Government Code §6253, subd. (b))[ to underscore this point, subd. (d) states that “Vothing in (the CPRA) shall be construed to permit an agency to delay or obstruct the inspection or copying of public records.” And while the 10-day period is not a legal deadline for producing the records, the date of production should not lag the 10-day (or, if extended with notice to the requester, up to 14 days more) “determination” point by much, because in most if not all cases, $%e 6e#.o) 7a<1)g $%e :e$e#71)a$1o) =1>> %a3e a>#ea:* %a: $o a..e7?>e a): #e31e= $%e #e;o#:. 1) o#:e# $o :o .o. Once the determination has been made, in other words, actual release of the records in question should not take much time to accomplish. >?. @ournalists and other people have the same rights of access. ]ournalists’ rights to inspect and copy public records are the same under the CPRA as those of any other person—no worse and, despite the free press guarantees of the state and federal constitutions, no better. “Vo California or federal judicial decision has ever attributed accessibility to public records upon First Amendment freedoms of speech or press.” @eg1.$e# 5131.1o) of A#ee:o7 !e=.6a6e#. 34 'o()$* of /#a)ge, 158 Cal.App.3d 893 (1984) And while we often speak of “citiaens” having the access rights, one need not be a California resident or even a b.S. citiaen to inspect or copy state or local public records. “(W)hen section 6253 declares every person has a right to inspect any public record, when section 6257 commands state and local agencies to make records promptly available to any person on request, and when section 6258 expressly states any person may institute proceedings to enforce the right of inspection, they mean what they say.” 'o))e>> 34 B(6e#1o# 'o(#$, 56 Cal.App.4th 601 (1997)

April 21, 2015 — Mendocino City Community Service District Drought Measures

3 pages 6 findings 1 recommendations

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Findings & Recommendations 6 findings

F1: The District Board responded to property owners’ concerns and eliminated the deed restriction requirement.

F2: At the four District Board meetings attended by Grand Jury members, no Brown Act violations were noted.

F3: Meeting notices and agenda were not posted in a timely manner on the website in violation of the Brown Act. 2

Related Recommendations (1)

R1: the District Board and staff do an annual review of the Brown Act. (F3, F4) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following governing body: • Board of Directors, Mendocino City Community Service District (F3, F4, and R1) The governing body indicated above should be aware that the comment or response of the governing body must be conducted subject to the notice, agenda and open meeting requirements of the Brown Act. Reports issued by the Civil Grand Jury do not identify individuals interviewed. Penal Code §929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Civil Grand Jury. 3

F4: The District Board recognizes their current office space is too small for some meetings.

Related Recommendations (1)

F5: The agenda and the minutes comply with the Brown Act.

F6: Generally the District Board and staff follow the Brown Act and are to be commended.

April 21, 2015 — Point Arena Schools April 21, 2015

5 pages 11 findings 12 recommendations

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Findings & Recommendations 11 findings

F1: The District Superintendent failed to follow the established drug testing policy to take reasonable steps to assure the confidentiality of student drug testing results. [Board Policy 5131.61(b)] This caused embarrassment to the student and exposed the school district to potential legal action.

Related Recommendations (1)

R1: the school administration follow the established drug testing policy. (F1)

F2: When three students were alleged to have cheated on an exit exam; the Superintendent invalidated the math portion of the exam for all students. This punished all of the students by requiring them to retake the exam as well as placing the High School in the School Improvement Program.

Related Recommendations (1)

R2: academic testing be monitored more closely to reduce the risk of cheating. (F2)

F3: The negative work environment at the High School caused over 40 percent of the certificated staff to terminate their employment.

Related Recommendations (1)

R3: the administration work together with all employees to create a more positive work environment.(F3)

F4: The previous principal worked with the teachers in allocating lottery funds; this is no longer the procedure. The current Principal/Superintendent was unaware of either the amount of lottery funds or their distribution.

Related Recommendations (1)

R4: the use of lottery funds be transparent to all staff. (F4)

F5: The Grand Jury determined the confidentiality of personnel matters was breached when the District Superintendent handed out reduction in force notifications publicly causing both embarrassment and low morale.

Related Recommendations (1)

R5: personnel issues, including reduction in force notifications, be handled confidentially. (F5)

F6: District School Board meeting audio recordings are difficult to understand due to inadequate equipment and the lack of identification of those speaking. 3

Related Recommendations (2)

R6: the District Board President ask all speakers to identify themselves. (F6)

R7: the District Board utilize more than one microphone and place them in better locations. (F6)

F7: Attendance by the working public, and their opportunity to have input, is curtailed by the current District School Board meetings being held at an inconvenient time.

Related Recommendations (1)

R8: the District Board meetings be held at a convenient time for the working public. (F7)

F8: A District School Board member using profanity during a public District School Board meeting is never acceptable.

Related Recommendations (2)

R9: all speakers and program presenters be respected and treated with courtesy. (F8, F9)

R10: the District Board members who use profanity be reprimanded and asked to remove themselves from the room. (F8, F9)

F9: The Grand Jury heard the same Board member ridicule a visiting presenter’s report on nutrition, causing embarrassment to both the presenter and those in attendance.

Related Recommendations (2)

R9: all speakers and program presenters be respected and treated with courtesy. (F8, F9)

R10: the District Board members who use profanity be reprimanded and asked to remove themselves from the room. (F8, F9)

F10: It is critically important to continue maintaining separate balance sheets for each school since they have a combined budget.

Related Recommendations (1)

R11: the School District continue to use separate balance sheets for Point Arena Union High School and Arena Union Elementary School. (F10)

F11: There are multiple Brown Act violations during District School Board meetings that can be remedied with education, training, and a desire to act professionally.

Related Recommendations (1)

R12: all District Board members and Administrators receive Brown Act training annually. (F11) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individuals: • Superintendent, Point Arena School District • Superintendent, Mendocino County Office of Education 4 Pursuant to Penal Code §933.05, responses are required from the following governing body: • Point Arena District School Board The governing bodies indicated above should be aware that the comment or response of the governing body must be conducted subject to the notice, agenda and open meeting requirements of the Brown Act. Reports issued by the Civil Grand Jury do not identify individuals interviewed. Penal Code §929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Civil Grand Jury. 5

April 21, 2015 — The Williamson Act What is it?

4 pages 8 findings 3 recommendations

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Findings & Recommendations 8 findings

F1: The Reporting Statement to Maintain Agricultural Preserve Eligibility provides the County with information enabling evaluation of whether continued participation in the Williamson Act is appropriate. The Statement says “Failure to fill out and file this form with the County constitutes a breach of your contract…”

Related Recommendations (3)

R1: the Agricultural Commissioner send the Reporting Statement, by registered mail, every two years as mandated by Code §22.08.090 (F1, F4, F5)

R2: the County enforce the sanctions for failure to file the Reporting Statement. (F1, F2)

R3: the Policy and Procedures, being written by the Resource Lands Protection Committee, be completed and taken before the Board of Supervisors for action in time to allow for the mailing of the Reporting Statement by September 1, 2015. (F1, F7, F8) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individuals: • Assessor, Mendocino County (All findings and all recommendations) • Agricultural Commissioner, Mendocino County (All findings and all recommendations) Pursuant to Penal Code §933.05, responses are required from the following governing bodies: • Board of Supervisors, Mendocino County (All findings and all recommendations) The governing bodies indicated above should be aware that the comment or response of the governing body must be conducted subject to the notice, agenda and open meeting requirements of the Brown Act. Pursuant to Penal Code §933.05, responses are requested from the following individual: • Director, Planning and Building Department (All findings and all recommendations) Reports issued by the Civil Grand Jury do not identify individuals interviewed. Penal Code §929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Civil Grand Jury. 4

F2: When the County does not enforce this provision it could allow participants to receive an undeserved tax benefit. This could cause a loss of tax revenue to the County.

Related Recommendations (1)

R2: the County enforce the sanctions for failure to file the Reporting Statement. (F1, F2)

F3: In the past, if a property owner did not return the Reporting Statement, either the Assessor’s Office, Planning and Building Department or the Agricultural Commissioner’s Office would look at aerial photography maps, perform visual confirmation or use other means to determine compliance. However, that is not what the Ordinance states.

F4: The Reporting Statement to Maintain Agricultural Preserve Eligibility has not been sent out in six years. Because the statements have not been sent out, the Grand Jury believes there is a substantial possibility that a large number of parcels, which would have been removed, are still in the Williamson Act. This may have resulted in a loss of tax revenue for the County.

Related Recommendations (1)

R1: the Agricultural Commissioner send the Reporting Statement, by registered mail, every two years as mandated by Code §22.08.090 (F1, F4, F5)

F5: The annual Williamson Act property tax reduction is anywhere from 10 to 95 percent for a participant.

Related Recommendations (1)

R1: the Agricultural Commissioner send the Reporting Statement, by registered mail, every two years as mandated by Code §22.08.090 (F1, F4, F5)

F6: In 2014, the Board of Supervisors shortened the length of the Williamson Act contract from ten to nine years.

F7: The Policies and Procedures, currently being developed, would require proof of revenue which will show appropriate property use under the Williamson Act.

Related Recommendations (1)

F8: For the timely mailing of the 2015-16 Reporting Statement, the Board of Supervisors must act on the proposed Policies and Procedures prior to September 1, 2015. 3

Related Recommendations (1)

Additional documents

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

Responses to Grand Jury Reports Summary of PC 933.05 Penal Code § 933.05 provides for only two (2) acceptable responses2 pp.