Merced County Grand Jury
2015-2016
Findings & Recommendations
14 findings
F1:
The Main Jail Facility is 47 years old and is outdated by current jail standards. Plans for integrating this facility with JLCC within the next few years will meet the current standards.
Related Recommendations (1)
R1:
The MCCGJ recommends that the various organizations that are involved in dealing with homelessness in Merced County continue their outstanding work and that local governments continue to increase their support to address this issue and provide support to the CoC.
F2:
The MCCGJ is pleased to see that new security cameras, a new communication/monitoring system and a full body scanner are in place. Collectively, these improvements will limit the amount of contraband that comes into the facility and provide extended monitoring of inmates in their cells.
Related Recommendations (1)
R2:
The MCCGJ recommends that the City of Merced and Merced County continue to seek funds from federal and state government agencies that can be used to provide aid in combating homelessness in our area.
F3:
The MCCGJ found a badly broken glass panel in the intake area Sober Cell. We were reassured that this panel does not present a risk to detainees or to officers.
Related Recommendations (1)
R3:
MCCGJ recommends that a follow-up process be established to ensure funds donated to non-profit organizations are used for the purpose requested.
F4:
The facility appeared clean, organized and functional.
Related Recommendations (1)
R4:
MCCGJ recommends that all requests for approval on the Board Agenda should have attached supporting documentation regarding estimates, bids, or the cost of an event or item.
F5:
The MCCGJ was impressed with the officers and the classification process of inmates. We recognize the Classification Officers' expertise and the importance of continual education in this difficult job.
Related Recommendations (1)
R5:
MCCGJ recommends that information be accessible on the County websites describing the availability of discretionary funds and how to apply for them.
F6:
The Board Agenda Item form only provides for check marks indicating review and approval of discretionary fund expenditures.
Related Recommendations (1)
R6:
MCCGJ recommends in lieu of just checking a box on the "Board Agenda Item" form that signatures be required from the Auditor Controller, Chief Executive Officer, County Council, and Department of Public Works Administrator.
F7:
Request for Special Board Project Funds form is not available on the County of Merced website.
Related Recommendations (1)
R7:
MCCGJ recommends that the process verifies an organization's non-profit status. REQUESTED RESPONSES Pursuant to Penal Code Section 933.05, the Civil Grand Jury requests responses as follows: Merced County Board of Supervisors INVITED RESPONSES Merced County Executive Office Merced County Counsel Merced County Controller's Office Merced County Department of Public Works CARRIED CONCEALED WEAPON (CCW) Internal Investigation 15-08-24
F8:
The compliance order with the DDW will be in force until March 2025.
F9:
The City of Los Banos has contracted with NAH on a pilot program to remove Chromium 6 from its water supply. NAH is a company specializing in metal powders and is working on a system that extracts Chromium 6 from ground water. Their intent is to utilize this extracted metal for use in its industrial endeavors.
F10:
MCCGJ found through its investigation and interviews that the City of Los Banos is ahead of other cities in California specific to dealing with the problem of Chromium 6 in its water supply.
F11:
The City has made the citizens of Los Banos aware of the Chromium 6 levels in its water supply as required by the State of California Water Quality Board Directives.
Related Recommendations (1)
R11:
Katherine (Susan) Graf - Foreperson Pro-Tempore
F12:
Although the amount of Chromium 6 in the Los Banos water supply is above standards approved by the State of California, the City has been given a waiver by the State to deal with the Chromium 6 levels as long as they continue to seek ways to lower the levels found in the water. The City of Los Banos developed a 20-year plan approved by the DDW to mitigate the
F13:
level of Chromium 6 in the City's water system.
Related Recommendations (1)
R13:
Roscoe H. P. (Jack) Jackson - Foreperson
F41:
The 2014-2015 MCCGJ recommended that JLCC install toilets, washbasins and drinking fountains in exercise areas per Title 24, Section 1231.2.10 of Board of State and Community Correction (BSCC) Minimum Standard for Local Detention Facilities. These areas will be renovated with funds received from the $40 million grant.
Additional Recommendations
5
Not linked to specific findings.
R15:
Janet Marie Leonardo
R18:
Dorene G. (Bunny) Paskin
R21:
Ken van Loben Sels# Jurors reside in the following communities of Merced County Atwater Los Banos Merced #Unable to complete term MANDATED INSPECTIONS OF MERCED COUNTY DETENTION FACILITIES MANDATED DETENTION FACILITIES INSPECTIONS SUMMARY The 2015-2016 Merced County Civil Grand Jury (MCCGJ), in accordance with the requirements of California Penal Code (CPC) Section 919(b), has conducted an inspection of the detention facilities in Merced County. The purpose of these inspections was to "inquire into the conditions and management of the public prisons within the county" as stated in CPC Section 919(b). Under these provisions, members of the MCCGJ toured and inspected the following facilities:
R15-60:
Days from Date Request Filed, Service Notice of Hearing at Least 10 Days Prior to Hearing Hearing Decision - 20 Days to Issue and Serve Appeal to Court per Gov. Code §53069.4 20 Days N\SHARED\Attorney\Ordinances\Admin Penalties\Admin Cite Flowchart - 1 14 10.doc ADDENDUM 2 ADMINISTRATIVE PENALTIES ADIsfINISTRATIVE PENALTIES Compliance Order Compliance Case Closed Non-Compliance Notice of Hearing before Board
R74-81:
and 74-90 (Water Well Standards); it is a requirement of well drillers to follow the Water Well Standards. The Department appreciates the oversight and values the work of the Grand Jury. Respectfully, 2221 Kathleen Grassi, R.D., M.P.H Director KAG: vi (209) 381-1200 (209) 381-1215 (FAX) 260 E.15th Street, Merced, CA 95341-6216 www.co.merced.ca.us/health Equal Opportunity Employer STRIVING FOR EXCELLENCE MERCED Dana S. Hertfelder DEPARTMENT OF PUBLIC WORKS Director COUNTY 715 Martin Luther King Jr. Way Merced, CA 95340-6041 (209) 385-7602 (209) 725-3989 Fax www.co.merced.ca.us Building Services Parks and Recreation Roads Fleet Management County Surveyor Building & Safety Equal Opportunity Employer August 7, 2015 DATE: TO: Presiding Judge Brian McCabe 水 Dana S. Hertfelder, Director of Public Works FROM: 2014/2015 Merced County Grand Jury Report SUBJECT: MEMORANDUM Please be advised that I have received and reviewed the 2014/2015 Merced County Grand Jury Report. There are no issues in the report which pertain to matters regarding my Department, so I have no detailed comments. DSH:jlr Mike North, County Executive Office CC: M.\Word Files\LETTERS\MEMOS\2015\GRND JURY 2014-15.doc STRIVING FOR EXCELLENCE MERCED COUNTY STEVEN BLAND Plan Administrator EMPLOYEES' RETIREMENT ASSOCIATION Telephone 209-725-3636 3199 "M" Street Fax 209-725-3637 Merced, California 95348 Email: mcera@co.merced.ca.us July 7, 2015 The Honorable Brian McCabe Presiding Judge of the Superior Court Superior Court of California, County of Merced 670 West 22nd Street Merced, CA 95340 Re: 2014/2015 Grand Jury Response Dear Presiding Judge McCabe: I have received and reviewed the 2014/2015 Grand Jury Report and have found no issues in the report that pertain to the Merced County Employees Retirement Association (MCERA) and no issues that call for a response from MCERA. Sincerely, Merced County Employees Retirement Association Steven Bland Plan Administrator X:\Correspondence\Grand Jury 201 doc Merced County Sheriff's Office Civil Division Los Banos Station 670 W. 22nd Street 445 "I" Street Merced, CA 95340 Los Banos, CA 93635 Phone: (209) 385-7639 Phone: (209) 710-6000 Fax: (209) 725-3516 Fax: (209) 827-1433 Vernon H. Warnke Main Detention Facility CF Bludworth Station 700 W. 22nd Street Sheriff/Coroner 9481 Shanks Road Merced, CA 95340 Delhi, CA 95315 Phone: (209) 385-7410 Phone: (209) 385-7660 Fax: (209) 385-7489 Fax: (209) 669-7771 Sheriff's Administration John Latorraca Correctional Center Coroner's Division 2584 W. Sandy Mush Road 455 E. 13th Street Mailing Address: 2222 M St. • Merced, CA 95340 El Nido, CA 95317 Merced, CA 95340 Physical Address: 700 W. 22nd Street • Merced, CA 95340 Phone: (209) 385-7575 Phone: (209) 385-7369 Phone: (209) 385-7451 • Fax: (209) 385-7696 Fax: (209) 725-3944 Fax: (209) 725-3390 August 11, 2015 The Honorable Brian McCabe Presiding Judge Merced County Superior Court Merced, CA 95340 Re: Response to the 2014/2015 Grand Jury Report Dear Judge McCabe: In response to the 2014/2015 Merced County Civil Grand Jury Report, I offer the following information: JLCC: Finding 1- The non-compliance issue with Title 24, Section 2.10 (Exercise area), as stated in - Board of State and Community Corrections (BSCC) 2010/2012 and 2012/2014 inspection reports, has not been corrected. This regulation requires outdoor exercise area(s) that include free access to a toilet, wash basin, and drinking fountain. The facility has constructed two outdoor, paved and fenced exercise areas that have no toilets or wash basins available to inmates. Recommendation: The Grand Jury recommends that the center install toilets, wash basins, and _ drinking fountains in exercise areas. Response: The Department of Public Works has been requested to plan and complete this project in the current yards. Under potential SB 863 jail funding to be decided in November 2015, JLCC would receive additional exercise yards meeting the Title 24 requirement for toilets, wash basins, and drinking fountains in the yards. Main Jail: Finding 1- Considering the age of the building, the interior and exterior of facility are in - satisfactory condition. All interior areas inspected were noted to be clean and well-maintained except for "holding cells", which were commonly littered with food and trash but cleaned twice daily. Inmates are not held accountable for cleaning upon leaving the cell. PROTECTING MERCED COUNTY SINCE 1855 / EQUAL OPPORTUNITY EMPLOYER Recommendation: Inmate must discard unused food items and trash before exiting their holding cells. Response: Staff will have inmates dispose of their trash upon exiting the holding cells. Currently the Sheriff's Office is submitting for 40 million in state funds to upgrade the JLCC facility. A remodel of the existing dormitory space will bring the structures up to current codes and provide additional exercise yard space. A new 10,000 square foot programming/classroom building, medical/mental health unit with 30 beds, new laundry, kitchen, intake/release building and administration building with video visitation are planned. The entire facility will receive enhanced fencing for site security. A final decision on our application will be made in November 2015. My staff and I genuinely appreciate the effort and interest of the 2014/2015 Grand Jury members and offer our thanks for their service to our community. Sincerely, Varnke Vernon H. Warnke Sheriff-Coroner X 403 "F" STREET ★ LOS BANOS, CA 93635 209-826-5166 * FAX 209-826-8737 July 14, 2015 Merced County Executive Office 2222 M Street Merced, CA 95340 Attn: Mike North Re: Acknowledgment of 2014/2015 Grand Jury Report Honorable Brian McCabe, Presiding Judge Superior Court of California, County of Merced: Please note I have received and reviewed the 2014/2015 Grand Jury Report. There are no issues in the report which pertain to matters under my control. Thank you, Ron Brandt Manager Karen D. Adams, CPA MERCED Treasurer-Tax Collector 2222 "M" Street Merced, CA 95340 TREASURER - TAX COLLECTOR (209) 385-7307 (209) 725-3905 (Fax) Karen D. Adams, CPA http://www.mercedtaxcollector.org August 10, 2015 The Honorable Brian McCabe Presiding Judge of the Superior Court Merced County Superior Court P.O. Box 2034 Merced, CA 95344 SUBJECT: 2014-2015 GRAND JURY REPORT I received and reviewed the 2014-2015 Grand Jury Report. There are no noted issues related to my authority as Treasurer-Tax Collector and therefore have no comments regarding any of the findings or recommendations contained in the report. I thank the Grand Jury for the opportunity to present the treasury and tax collector objectives on November 3, 2014. I welcome the opportunity in the future. Sincerely, Karen D. Adams Treasurer-Tax Collector COMMITTED TO EXCELLENCE Robert A. Morris Director MERCE Shermaene Roemhildt DEPARTMENT OF Deputy Director WORKFORCE INVESTMENT COUNT 1880 Wardrobe Avenue Merced, CA 95341-6407 (209) 724-2000 (209) 725-3592 Fax www.co.merced.ca.us/index.asp?NID=92 Equal Opportunity Employer July 24, 2015 The Honorable Brian McCabe Presiding Judge of the Superior Court Merced County Superior Court P.O. Box 2034 Merced, CA 95344 Subject: 2014-2015 Grand Jury Report I have received and reviewed the 2014-2015 Grand Jury Report. There are no issues in the report which pertain to, or require further action by, the Department of Workforce Investment. Sincerely, Director STRIVING FOR EXCELLENCE Revised 01/12 WIF 00-21B MERCED Board of COUNTY Supervisors John Pedrozo October 6, 2015 Supervisor, District One Hubert "Hub" Walsh, Jr. Supervisor, District Two Daron McDaniel Supervisor, District Three The Honorable Brian McCabe Deidre F. Kelsey Presiding Judge of the Superior Court Supervisor, District Four Superior Court of California, County of Merced Jerry O'Banion Merced, CA 95340 Supervisor, District Five RE: Board of Supervisors' 2014-15 Civil Grand Jury Response James L. Brown County Executive Officer Dear Presiding Judge McCabe: The Merced County Board of Supervisors appreciates the Civil Grand Jury's responsibilities and commitment to public service. Pursuant to Penal Code 933, responses from elected and appointed officials have been received and Merced County Administration Building appropriately forwarded. The following acknowledgements and information is 2222 "M" Street respectfully submitted relating to matters under the jurisdiction of the Board of Merced, CA 95340 (209) 385-7366 Supervisors. (209) 726-7977 Fax www.co.merced.ca.us Equal Opportunity Employer Mandated Inspections - Main Jail Recommendations: The Civil Grand Jury inspected the Main Jail at 700 W. 22nd St. in Merced and noted the cleanliness of the interior areas with the exception of holding cells, which were reportedly littered with food and trash. Response: The Board appreciates the Grand Jury's inspection of the facility and the recognition of the overall cleanliness of the jail. The Board understands the Sheriff plans to improve the condition of the holding cells by requiring staff to have inmates dispose of their trash upon exiting the holding cells. Mandated Inspections - John Latorraca Correctional Center Recommendations: The Civil Grand Jury inspected the John Latorraca Correctional Center at 2584 W. Sandy Mush Road in Merced and reported a need for outdoor exercise areas to include a wash basin, toilet and drinking fountain. The report also referenced three inmate escapes in 2014 and the Sheriff's Escape Prevention Plan that included several strategies, including improved fencing and better secured furniture. The Striving for report additionally found that the food preparation facility housed at the John Excellence Latorraca Correctional Center is well-run and maintained. October 6, 2015 Board of Supervisors' Civil Grand Jury response Response: The Board of Supervisors has approved the submission of an application for Senate Bill 863 jail reconstruction funding. If granted, these funds would help address security and infrastructure concerns at the John Latorraca Correctional Center while improving the capacity to house programs that reduce recidivism. The plan also includes mental health treatment facilities in an effort to better address inmate needs and help reduce the number of re-offenses upon release. Mandated Inspections - Iris Garrett Juvenile Justice Correctional Complex Recommendations: The Grand Jury inspected the Iris Garrett Juvenile Justice Correctional Complex and found the facility to be well-maintained, inside and out. The Grand Jury also noted the cleanliness of the facility. One issue mentioned in the report was a small utility closet that was open and unlocked. Response: The Board appreciates the Grand Jury's commendations and the work of Probation Department staff in maintaining the facility. The Board understands that the open utility closet has been addressed with administration, supervisors and line staff and subsequently rectified. Investigative Report – Permitting Process for Domestic Wells Recommendations: The Civil Grand Jury reviewed the County's domestic well permitting process, with a focus on the inspection process. The report highlighted the increased demand for well permits due to the ongoing drought conditions and recommended that permits be visibly posted at construction sites. Response: The Board appreciates the Civil Grand Jury's recognition of this critical issue and is aware of the heightened demand for well permits as a result of the drought. The Merced County Department of Public Health, Division of Environmental Health has taken strides to expedite well permitting processes while ensuring that both proper inspections and paperwork are completed. Regarding posting permits at work sites, Merced County Code requires well drillers to post the permit at the site prior to the commencement of the work. Also, well inspection dates and details are documented in the Department's Envision Connect database. Investigative Report - Gubernatorial Election November 2014 Findings: The Grand Jury investigated an incident where a number of voters in a district of the Merced County College Board of Trustees received two ballots due to a districting error. Page | 2 October 6, 2015 Board of Supervisors' Civil Grand Jury response Response: As noted in the Grand Jury's report, the issue was resolved by the Registrar of Voters Office by resending corrected ballots to the affected voters with instructions and an explanation of the issue. There are no recommendations associated with this item. Investigative Report - Safely Surrender Baby Law Recommendations: The Civil Grand Jury conducted an assessment of the County's implementation of the Safely Surrendered Baby Law and has recommendations on how to improve services offered through the program. The Civil Grand Jury's Report recommends that the Merced County Board of Supervisors adopt a Safely Surrendered Baby Policy and direct the implementation of safe surrender sites, hotlines, websites, and multi-language signage and fliers. The Report goes on to recommend that all County fire stations be designated as safe surrender receiving sites. The Civil Grand Jury also recommends that there be adequate transportation for parents/guardians to safely surrender babies, a website to provide options and information for women in crisis, service announcements, billboards and marketing, parenting programs with transportation options amongst area high schools, and that educational information be provided to Alpha Pregnancy Crisis Center and all Primary Care doctors in the Merced County area. Response: The Board of Supervisors agrees with the mission behind the Safely Surrendered Baby Law and understands the need to provide information and other educational resources to County residents. There are currently safe surrender sites at fire stations within the City of Merced and the City of Los Banos. Mercy Medical Center is also a safe surrender site and is prepared to handle such situations, according to the Report. The Board is supportive expanding services through the Safely Surrendered Baby Law. In August, the Board increased locations in unincorporated areas through a resolution designating Merced County fire stations as local Safe Surrender Baby sites. Through this effort, a hotline, online information and fliers are available. The Bus, while not operated by Merced County, should serve as a suitable option for anyone needing transportation to a safe surrender location. County agencies have the capacity to transport individuals in the event of an emergency. Merced County is amenable to working with community partners to improve the Safely Surrendered Baby program in our region. Investigative Report - Merced County School Board Member Election Process Recommendations: Two complaints were received by the Grand Jury regarding a possible misrepresentation on an elections application. The complaints claimed one candidate was not residing in the correct district at the time of application. Page | 3 October 6, 2015 Board of Supervisors' Civil Grand Jury response Response: The Board is aware of the Grand Jury's finding that Election Code 349(c) allows a candidate to live and maintain more than one residence. There are no recommendations associated with this item. Sincerely, John Pedrozo, Chairman Merced County Board of Supervisors Roscoe Jackson, 2014-15 Merced County Civil Grand Jury Foreperson CC: James L. Brown, County Executive Officer Page | 4
* This report's PDF did not contain easily extractable text and required Optical Character Recognition (OCR) for analysis. There may be minor errors in the extracted findings and recommendations due to OCR limitations with scanned documents.